Minutes

DEFIANCE TOWNSHIP TRUSTEES

JANUARY 15^TH,  2008 RE-ORGANIZATIONAL MEETING

The Defiance Township Trustees met in special session at the Defiance County Commissioners building – 2^nd Floor conference room,  500 Court Street,  in Defiance Township, Defiance,  Ohio,  on Tuesday January 15^th,  2008 at 7:30 p.m.  Following the Pledge of Allegiance the Chair instructed the clerk to call the roll.  Answering as present were Daniel Peck, newly elected Trustee Charles A. Bakle Jr. and Richard Ankney – Vice chairman;  also present was Tim Houck, Township Clerk.  All three (3) members of the BOARD OF TRUSTEES having answered the roll, a quorum was present.

Township employees present were: John Diemer – 23361 Defiance-Paulding Co Line Rd,  James Schlegel (zoning inspector) – 220 Pinewood Ave., Ruth Ann Schofield 15968 Campbell Rd & Rodell Behlke 1771 Ottawa Ave.    

Visitors present:  Mrs. John Diemer – 23361 Defiance-Paulding Co Line Rd & JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio.       

The Vice- Chair asked for the INTRODUCTION OF VISITORS – all visitors were requested to sign-in for record purposes.

ORDER OF BUSINESS NO. 1

Review and approval of minutes of the previous session.

Vice-Chairman Ankney requested  a motion for the approval of minutes from the December 17^h,  2007 regular session. 

MOTION by:                        Mr.  Peck                                                         

SECOND by:             Mr.  Bakle

YEA(s)  3                        NAY(s)  0                                    Passed              x                         Failed

The MINUTES were approved for the December 17^th,  2007 meeting.

ORDER OF BUSUNESS NO. 2            Election of the Chair and Vice - Chair –

a)   Mr.  Ankney turned the meeting over to the Fiscal Officer to conduct the election process for the Chair

i)     fiscal officer noted that he or a current seated Trustee – (see prosecutor’s letter dated 11-19-07 presented as exhibit 2-a) must administer the oath of Office to the newly elected Trustee;  or Mr. Bakle must present confirmation of the oath having been administered by proper authority. 

ii)     Mr. Bakle presented such information which is on file in the meeting file and in Mr. Bakle’s Twp personal file which is in the fiscal officer’s Twp office.

iii)     Mr.  Houck then called for nominations for Chairman.

(1)         Mr.  Peck nominated Mr. Ankney.

(2)         Mr.  Bakle seconded the nomination.  No further nominations were made and the fiscal officer called for a vote to elect Mr.  Ankney Chair for 2008.

(3)         The fiscal officer then called for the vote:

Mr.  Peck:              yea

Mr. Bakle             yea

Mr.  Ankney                       yea

The vote being   __3_ Yea(s)               __0__Nea(s)

Mr. Ankney was elected Chair.  The fiscal officer then turned the meeting over to the newly elected Chair.

b)   Chairman  Ankney then called for nominations for Vice-Chair

i)     Mr. Ankney nominated Mr.  Peck

ii)     Mr.  Bakle seconded and there were no further nominations.

c)            Chairman Ankney called for a vote to elect Mr. Peck Vice-Chair for 2008.

Mr.  Ankney:                      yea

Mr. Peck               yea

Mr.  Bakle             yea

The vote being   _3__ Yea(s)               __0__Nea(s)

Mr.  Peck was elected Vice – Chair

ORDER OF BUSINESS NO. 3 --  2007 Twp budget

1)   The fiscal officer reported that the Bank Depository for township funds is presently with the State Bank and Trust.

a)   Said agreement was renewed by the Trustees in Dec 07 and is good through November 24^th,  2012.

(1)            The agreement pledges the bank’s assets to cover the Twp funds which are on deposit at this institution.

ii)      Twp investment status as of this session

(1)            Note – Township funds are invested in two accounts at the State Bank & Trust

(a)      The primary checking account – 12-31-07            $177,390.66

(b)      The money market account  - 12-31-07            $534,190.14

(2)            The Fund Status report was presented for review as exhibit 3 -a

b)            Trustees then reviewed the proposed 2008 township Appropriations & budget

i)      Exhibits # 3-b-1 – was the  “Approved Amended Certificate of Estimated Resources” from the County Auditor

(1)            $1,043,479.44 for 2008

ii)      Trustees reviewed the 07 final fund summary report which was exhibit 3-b-2, and the;

iii)      2008 starting fund summary – which was exhibit 3-b-3

iv)      The 2008 proposed budget was presented as exhibit 3-b-4 “appropriation status report”  -

(1)            break out by fund level            with 2007 starting budget for comparison purposes was reviewed:

                                                       08              07

(a)      General fund            (fund # 1000)            $415,865.85      $284,411.50

(b)      Special funds

(i)            Motor Vehicle License             (fund # 2011)                        $36,440.15            $  29,666.93           

(ii)            Gasoline Tax                        (fund # 2021)                         $227,554.77            $178,210.06           

(iii)            Road & Bridge                        (fund # 2031)                        $204,709.41            $164,152.81           

(iv)            Permissive Tax                        (fund # 2231)                        $26,286.19            $  21,290.63           

(v)            Fire levy                        (fund # 2111)                        $132,623.07            $  102,069.97           

                        TOTAL                                                                         $1,043,479.44            $779,801.90  

(2)            The Chair called for discussion. 

(a)      It was noted that the Twp’s special fund lines dedicated to road work will be significantly impacted with the Kiser rd rebuild project that will take place in 08.

(b)      The Fiscal officer noted that based on his analysis of year end reports and proposed 08 budgets - advises that the road accounts will be almost depleted with the payment for the Kiser road project.  Trustees were further informed that this budget has $26,000+ for the Kiser rd project posted to the general fund.  Also, the fiscal officer noted that the road acc’ts have commitments to pay for small projects on Sponseller and normal berming etc.  However the budget does not contain funds for any other possible road construction or maintenance. 

Chairman Ankney requested approval of resolution # 1 to adopt the 2008 Township Budget by fund line.  Resolution will allow the Clerk to move funds within fund account lines as he deems necessary in order to expedite payment.  However, per the 07 state auditor,  Trustees must (as soon a practicable) move to accept the transfers at a regular scheduled Twp meeting. 

MOTION by:                        Mr.  Ankney                                                                 

SECOND by:             Mr.  Peck

Mr.  Peck               yea

Mr. Bakle             yea

Mr.  Ankney                       yea

The vote being   _3__ Yea(s)               __0__Nea(s)

The 2008 Township budget is adopted. 

(3)            The exhibits are on file in the clerk’s office.

ORDER OF BUSINESS NO.  4 - Wages for 2007 

a)   Elected Officials pay for 08 – Fiscal officer noted that:

i)    Pay is set by the State Of Ohio by Ohio Revised Code

ii)      The 08 salaries were noted in the Ohio Twp Association’s November newsletter

(1)            This was attached as exhibit 4-a- Nov Grassroots for Trustees review

(2)            The State has increased elected official salary by 2.8% - the 07 daily rate for Trustees was 50.04 – the 08 rate is increased to 51.44

(a)      In 08 trustees will receive $10,288.00 (51.44 x 200 days)

(3)            the fiscal officer pay rate has also increased by 2.8%

(i)            07 rate was $16,515

(ii)            the 08 salary will be $16,977

(4)            Trustees wages, have per the Trustees directive and in compliance with the State Audit of 07, been moved to the general fund.  All Trustee wages and benefits will be posted to the general fund in 08 and is reflected in the budget.

(5)            By law the clerk must be posted to the General fund  – 

Chairman Ankney requested approval of resolution #2 wages of the Township’s elected officers for 2008.   

MOTION by:    Mr.  Bakle                                                

SECOND by:   Mr Peck                                                   

YEA(s)  3                        NAY(s)  0            Passed            x            Failed

The resolution to set salary as pay for elected officials (Trustees & Fiscal Officer) passed

b)   Trustees than turned to address the Township employees pay for 2008

i)      Chairman Ankney asked for a motion to go into executive session for the purpose of discussing salaries for Twp employees

MOTION by:     Mr.  Peck                                                   

SECOND by:   Mr  Bakle                                                    

YEA(s) 3         NAY(s) 0          Passed            x          Failed

The Trustees moved into executive session for the purpose of wage discussion.

ii)      The Trustees returned from the executive session chambers

(1)            Chairman Ankney asked for a motion to return to the regular meeting. 

MOTION:   Bakle                                                    

SECOND:  Peck                                                     

YEA(s) 3         NAY(s) 0                     Passed              x                     Failed

The Trustees moved back into regular session..

iii)      Chairman  Ankney then asked for comments from the Trustees. 

(1)            Mr.  Peck suggested a 2.8%  increase for the  non elected employees be approved which is commensurate with the State’s approved increase for elected officials.

(2)            The fiscal officer reported that the following hourly rates would be established with a 2.8% increase

(3)            Operators

(a)      Joe Kolb present $ 12.54 w cdl to  $12.89                                                                  

(i)            Posted to Road & Bridge Account

(b)      John Diemner was $12.54 w cdl to $12.89

(i)            Posted to Road & Bridge

(c)      Jim Schlegel (work as eq operator) present $12.54 w cdl to $12.89

(i)            Posted to Gas Tax

(4)            Zoning Inspector

(a)      Jim Schlegel’s 2007 salary was $463.61,  with a 2.8% increase the position will pay a monthly salary of $476.80

(b)      Posted to general fund

Chairman Ankney requested approval of resolution #3 to set the wages of the Township’s employees for 2008 with a 2.8% increase from the 2007 wages paid per non-elected employee.   

MOTION by:  Mr.  Peck                                                        

SECOND by: Mr.  Bakle                                                         

YEA(s) 3         NAY(s) 0         Passed            x                      Failed

The motion to approval resolution #3 setting non elected Twp employees pay for 2008 with a 2.8% increase was approved.

c)   Trustees then reviewed the remuneration set for the Township’s Zoning Board of Appeals and Zoning Commission

i)      Trustees noted that the present pay is $15 per item per member in attendance and that there was no increase in 2007.

(1)            It was suggested that the Zoning Board members receive an increase from $15 per item per meeting to $20 per item per meeting.

Chairman Ankney requested approval of resolution #4 to set the wages of the Township’s Zoning Bd of Appeals and Zoning Commission for 2008 at $20.00 per item per meeting.     

MOTION by:  Mr.  Bakle                                                         

SECOND by: Mr. Peck                                                       

YEA(s) 3         NAY(s) 0         Passed            x                      Failed

The motion to approval resolution #4 setting the Township’s Zoning Bd of Appeals and Zoning Commission for 2008 at $20.00 per item per meeting was approved.     

ORDER OF BUSINESS NO.  5  -- Expense reimbursements for 2008

a)            Trustees reviewed the allowance for meal reimbursement.  Presently the reimbursement is set at $36 per day when Twp personnel are on assignment for the Twp with approval of the Trustees.  Mr.  Ankney called for discussion.

i)    It was noted that the Twp historically followed the lead of the Defiance County Commissioners in setting this rate of reimbursement and that the County rate remains the same ($36 per day for in state travel).  Mr. Peck suggested maintaining that rate in 2008.

Chairman Ankney requested approval of resolution #5 setting reimbursement allowance for meals in 2008 at $36 per day.       

MOTION by:  Mr.  Bakle                                                         

SECOND by: Mr. Peck                                                       

YEA(s) 3         NAY(s) 0         Passed            x                      Failed

The motion to approve resolution #5 setting reimbursement allowance for meals in 08 at $36 per day was approved.

b)   The mileage reimbursement for 2008 was discussed.

i)      Defiance Township has traditionally set reimbursement per the allowable IRS rate.

ii)   the allowable IRS rate for 08 is .505 cents per mile

(1)            An IRS document was provided as exhibit 5-b noting the 08 rate.

(2)            Trustees verbally noted that mileage is paid for travel on Township business at the discretion of the Trustees.

Chairman Ankney requested approval of resolution #6 setting reimbursement for mileage @ .505 cents per mile.

MOTION by:  Mr.  Bakle                                                         

SECOND by: Mr. Peck                                                       

YEA(s) 3         NAY(s) 0         Passed            x                      Failed

The motion to approve resolution #6 setting mileage reimbursement was approved.

c)   Resolution #7 addressing the use of the UAN traveling Clerk in 2008 was discussed.

i)      The Trustees heard a request from the fiscal officer for the continued use (on an as needed basis at the fiscal officer’s discretion) of a UAN traveling Clerk in 2008

ii)      The fiscal officer noted that the state auditor’s office, through the UAN division has established this opportunity in order to assist fiscal officers in their requirements relative to maintaining the accounting requirements as established by the ORC.

iii)      The expense is minimal.  In 2007 the total was less than $100

Chairman Ankney requested approval of resolution #7 authorizing the use of the UAN traveling clerk as necessary in 2008.   

MOTION by:  Bakle                                                   

SECOND by: Peck                                                   

YEA(s) 3         NAY(s) 0         Passed            x                      Failed

Resolution #7 was adopted.

ORDER OF BUSINESS NO. 6 – Zoning

a)            Trustees addressed the review and approval of resolutions for the appointment of Zoning Board of Appeals and Zoning Commission members & alternates whose terms expired 12-31-07.

i)      Zoning Bd of Appeals members whose terms ended and are:

(1)            Rodell Behlke (Board member) – the proposed new term commencing 1-01-08 through 12-31-10

(2)            Marvin Scott (Board member) – the proposed new term commencing 1-01-08 through 12-31-10

(a)      Scott was placed on board in 07 from alternate’s position to fill unexpired term of Dan Detter who had resigned.

(3)            Ruth Ann Schofield (Board member) – the proposed new term commencing 1-01-08 through 12-31-10

ii)      Zoning Commission members whose terms ended and are:

(1)            Randy Wilde (Board member) – the proposed new term commencing 1-01-08 through 12-31-10

(2)            Paul Zipfel (Board member) – the proposed new term commencing 1-01-08 through 12-31-10

iii)  Mr. Behlke was present and recognized.  Mr.  Behlke presented his verbal resignation from the Appeals Board.

iv)      Trustees also noted that Paul Zipfel has verbally resigned as well.  Mr.  Zipfel was not in attendance.

v)      Trustee Peck then asked for an executive session for the purpose of discussing personnel appointments to the Twp Zoning Boards.

MOTION by:     Mr.  Peck                                                   

SECOND by:   Mr  Bakle                                                    

YEA(s) 3         NAY(s) 0          Passed            x          Failed

The Trustees moved into executive session for the purpose of discussing (personnel) appointments to the Twp Zoning Boards. 

ii)      The Trustees returned from the executive session chambers

(1)            Chairman Ankney asked for a motion to return to the regular meeting. 

MOTION:   Peck                                                    

SECOND:  Bakle                                                       

YEA(s) 3         NAY(s) 0                     Passed              x                     Failed

The Trustees moved back into regular session..

Chairman Ankney called for discussion on the appointment of persons to the Twp’s Zoning Boards.

Mr.  Peck was recognized and stated that the Trustees wished to thank Mr. Belke for his service.  Mr.  Peck also said in his opinion the Twp should take this opportunity to put new views and voices on the Appeals Board. 

Mr. Peck moved to replace Mr. Belke with Mr.  Larry Plummer of 21297 Kiser Rd and further to replace Mrs.  Schofield with Mr. Thomas Rosendale of 2951 St. Rte 66.  Again, Mr. Peck thanked Mrs. Schofield for her service and reiterated that it was his belief that new voices and ideas should be placed on this Board.

Mr.  Bakle objected stating he supported keeping Mrs. Schofield on the Appeals Board. 

Mrs.  Schofield noted she never missed meetings and she felt that a woman’s voice was necessary on this Board.

The Trustees then agreed to reappoint Mr.  Randy Wilde to another term on the Zoning Commission.  Trustees also moved to appoint Sam Bok of 11310 Krouse Rd to the Zoning Commission to replace Mr. Zipfel. 

Chairman Ankney requested approval of resolution #8 appointing members of the Twp zoning board of appeals and commission as proposed.  

Zoning Board of Appeals appointments 2008.

Zoning Commission appointments 2008

MOTION by:  Peck                                                  

SECOND by: Ankney                                                  

The Vote was taken:

Mr.  Peck               yea

Mr. Bakle             nea

Mr.  Ankney                       yea

The vote being   _2__ Yea(s)               __1__Nea(s)

Resolution #8 was adopted as amended– the fiscal officer is to prepare a letter notifying those persons appointed by this resolution.

ORDER OF BUSINESS NO. 7 –  Defiance Twp Public Records Policy

a)   The fiscal officer noted that per our recent  “Public Records” training by the State Attorney General’s Office it is required that public entities should adopt a “public records” policy.   exhibit 7-a  was presented for Trustee consideration.  The exhibit is draft language provided by the State’s Attorney General of a “Public records” Policy.

b)            Chairman Ankney asked for discussion.  There was none.

Chairman Ankney requested approval of Defiance Twp Policy #8 “Public Records policy”.   

MOTION by:  Peck                                                  

SECOND by: Bakle                                                  

The Vote was taken:

Mr.  Peck               yea

Mr. Bakle             yea

Mr.  Ankney                       yea

The vote being   _3_ Yea(s)                 0  Nea(s)

Defiance Twp Policy #8 “Public Records policy” was adopted.

ORDER OF BUSINESS NO. 8 – Sign Bills

a)            Trustees reviewed the following debt obligations of the Township and signed the payment checks.

i)      Fourth quarter taxes

(1)            School

(2)            Local

(3)            State

(4)            941 – federal Medicaid

ORDER OF BUSINESS NO. 9 – Purchase orders for 2008

a)            Trustees reviewed and signed the purchase orders. 

ORDER OF BUSINESS NO. 10  - Travel Training upcoming

a)   The fiscal officer reminded the Trustees that the Ohio Twp Association winter conference is upcoming in Columbus,  Ohio,

i)      The location is at the Hyatt convention center