Jan 16, 2007

Minutes

DEFIANCE TOWNSHIP TRUSTEES

JANUARY 16^TH, 2007 RE-ORGANIZATIONAL MEETING

The Defiance Township Trustees met in special session at VFW Post 3360 in Defiance Township, Defiance, Ohio, on Tuesday January 16^th, 2007 at 7:30 p.m. Following the Pledge of Allegiance the Chair instructed the clerk to call the roll. Answering as present were Robert Layne, Daniel Peck and Richard Ankney; 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., & Joe Kolb 16492 Cullen Rd.

Visitors present: Ruth Ann Schofield 15968 Campbell Rd, & JoEllen Houck of 8 Deville Drive, Defiance, Ohio.

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

Mr. Conrad Beck of Beck Insurance, Archbold, Ohio, was recognized. Mr. Beck asked for time to present his companies renewal proposal to the Trustees for the Township property, casualty and general insurance. Mr. Beck represents the “OHIO PLAN”. The “OHIO PLAN” is the public entity insurance group now covering the Township. Mr. Beck provided each Trustee with a written brief on the Plan’s coverage’s. The Fiscal Officer was provided with the detailed Plan. Mr. Beck noted that the premium declined for 2007. The 2007 premium is for $5,295 plus a $50 bond for the zoning inspector. The 2006 premium was $5,839 plus a $50 bond for the zoning inspector.

Mr. Beck noted that the Township had no loss experience in 2006 and complied with the loss control recommendations; so the Township was eligible for up to 100 points in a premium reduction program. This program grades on 3 years of scoring. If the Township successfully meets the criteria it may receive up to a 10% reduction in premium price after three consecutive years of participation. The clerk asked if Mr. Beck knew how many points the Township received for 2006 as the Twp had no loss experience and complied immediately with the program’s loss control reviewer’s recommendations. Mr. Beck said he did not know at this time.

The Trustees voiced approval of the Plan and Mr. Layne asked if there was a motion to award the 2007 insurance contract to the “OHIO PLAN”.

Mr. Peck moved to award the Twp Insurance contract to the “OHIO PLAN” for the premium of $5,295.

Mr. Ankney seconded

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

The motion carried. The Ohio Plan will provide Twp insurance in 07.

ORDER OF BUSINESS NO. 1

Review and approval of minutes of the previous session.

Chairman Layne requests a motion for the approval of minutes from the December 26^th, 2006 regular session.

MOTION by: Mr. Ankney

SECOND by: Mr. Peck

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

The MINUTES were approved for the December 26^th, 2006 meeting.

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

a) Mr. Layne turned the meeting over to the Clerk to conduct the election process for the Chair

i) Mr. Houck called for nominations.

ii) Mr. Ankney nominated Mr. Layne and Mr. Peck seconded the nomination. No further nominations were made and the Clerk called for a vote to elect Mr. Layne Chair for 2007.

Mr. Ankney: yea

Mr. Peck yea

Mr. Layne yea

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

Mr. Layne was elected Chair. The Clerk then turned the meeting over to the newly elected Chair.

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

i) Mr. Peck nominated Mr. Ankney

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

c) Chairman Layne called for a vote to elect Mr. Ankney Vice-Chair for 2007.

Mr. Ankney: yea

Mr. Peck yea

Mr. Layne yea

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

Mr. Ankeny 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) The agreement with the Township is good through November 24^th, 2007.

b) Twp investment status as of this session were reviewed

i) Fund summary start of year exhibit 3-b-1 showed there was $470,338.30 in the Money Market Acc’t & $6,138.60 in the primary checking acc’t.

c) Trustees then reviewed the proposed 2007 township Appropriations & budget

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

(1) $779,801.90 total

ii) Reviewed 2006 final fund summary – exhibit 3-c-2

iii) Review of 07 starting fund summary – exhibit 3-c-3

(1) These are cash position reports. Each show a cash position of $476,476.90.

(2) exhibit 3-c-4 was then reviewed which is the proposed “appropriation status report” - the 2007 budget

d) break out by fund level 07 06

i) General fund (fund # 1000) $284,411.50 214,535.82

ii) Special funds

(1) Motor Vehicle License (fund # 2011) $ 29,666.93 25,809.22

(2) Gasoline Tax (fund # 2021) $178,210.06 161,493.98

(3) Road & Bridge (fund # 2031) $164,152.81 139,451.50

(4) Permissive Tax (fund # 2231) $ 21,290.63 15,318.99

(5) Fire levy (fund # 2111) $ 102,069.97 93,131.29

TOTAL $779,801.90 649,740.80

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

i) The primary checking account – 12-31-06 $ 29,550.54 – it was noted that there are outstanding checks

ii) The money market account - 12-31-06 $470,338.30

f) The fiscal officer was recognized and asked to provide information on available funding to address the 2^nd mile re-construction of Kiser rd in 07.

i) Fiscal officer – stated that based on analysis of year end reports and 07 budget needs this project should be postponed until 2008….

(1) Clerk noted:

(a) There is only $263,000 more or less available for this project in carryover funds. The project anticipated expense is $353,130

(b) The Twp would need to expend from the general fund to pay for the project

(c) General fund needs would not be able to meet Trustee direction for a safety net and the ability to pay for Twp fire protection should the levy fail in Nov 07.

ii) Trustees concurred with the analysis and moved to defer the Kiser road project to 2008.

Chairman Layne then requested approval of resolution # 1 to adopt the 2007 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 of the Township financial obligations.

MOTION by: Mr. Ankney

SECOND by: Mr. Peck

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

The 2007 Township budget is adopted.

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

ORDER OF BUSINESS NO. 4 - Wages for 2007

a) Elected Officials pay for 07 – Fiscal officer noted that:

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

ii) The 07 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 1.7% - the 06 daily rate for Trustees was 43.06 – the 07 rate is increased to 50.04 which includes the 1.7%

(a) Rate increase is based on budget bracket increase

(i) 06 rate is based on a budget of > $500,000 but < $750,000

(ii) 07 rate is based on a budget of > $750,000 but < $1,500,000.

(iii) trustees will receive $10,008.00 (50.04 x 200 days)

(b) the fiscal officer/clerk pay rate has also increased by 1.7%

(i) 07 rate is based on budget of > $750,000 but < $1,500,000.

(ii) salary is $16,515 which includes the 1.7% increase

(3) Trustees wages will remain posted to the existing fund account lines

(a) One Trustee to each of the following lines

(i) General

(ii) Road & Bridge

(iii) Gas fund

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

Chairman Layne requested approval of resolution #2 wages as salary in 07 for the Township’s elected officers.

MOTION by: Mr. Ankney

SECOND by: Mr Peck

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

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

b) Trustees than addressed the Township employees pay for 2007

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

MOTION by: Mr. Ankney

SECOND by: Mr Peck

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 Layne asked for a motion to return to the regular meeting.

MOTION: Ankney

SECOND: Peck

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

The Trustees moved back into regular session..

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

(1) Mr. Peck suggested a 3% increase for all activity – non elected employees

iv) The clerk reported that the following hourly rates would be established with a 3% increase

(1) Operators

(a) Joe Kolb present $ 12.17 w cdl to $12.54

(i) Posted to Road & Bridge Account

(b) John Diemner was $12.17 w cdl to $12.54

(i) Posted to Road & Bridge

(i) Posted to Gas Tax

v) Cemetery sextant – position was held by Mary Ankney. Mrs. Ankney – per Mr. Ankney; has filed retirement papers with OPERS and will not be working in this capacity in 2007.

(1) No action was taken on this position’s pay – which was $10.06 per hour in 2006.

(a) posted to general fund

vi) Zoning Inspector

(1) Jim Schlegel’s 2006 salary was $450.11 with a 3% increase the position will pay a monthly salary of $463.61

(a) Posted to general fund

Chairman Layne requested approval of the resolution #3 to setting the wages of the Township’s employees for 2007 with a 3% increase from the 2006 wages paid per non-elected employee.

MOTION by: Mr. Ankney

SECOND by: Mr. Peck

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

The motion to approval resolution #3 setting non elected Twp employees pay for 2007 with a 3% 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

ii) Trustees concurred that the base $15 per item pay should be increased by 3% or raised to $15.45 per item per meeting.

Chairman Layne requested approval of resolution #4 to set the wages of the Township’s Zoning Bd of Appeals and Zoning Commission for 2007 at $15.45 per item per meeting.

MOTION by: Mr. Ankney

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 2007 at $15.45 per item per meeting was approved.

ORDER OF BUSINESS NO. 5 -- Expense reimbursements for 2007

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. Layne suggested maintaining that rate in 2007

Chairman Layne requested approval of resolution #5 setting reimbursement allowance for meals in 2007.

MOTION by: Mr. Ankney

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 07 at $36 per day was approved.

b) The mileage reimbursement for 2007 was discussed.

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

ii) the allowable IRS rate for 07 is .485 cents per mile

(1) An IRS document was provided as exhibit 5-b noting the 07 rate.

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

Chairman Layne requested approval of resolution #6 setting reimbursement for milage @ .485 cents per mile.

MOTION by: Mr. Ankney

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 2007 was discussed.

i) The Trustees heard a request from the clerk for the continued use (on an as needed basis at the clerk’s discretion) of a UAN traveling Clerk in 2007

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

iii) The expense is minimal. In 2006 the total was less than $150

Chairman Layne requested approval of resolution #7 authorizing the use of the UAN traveling clerk as necessary in 2007.

MOTION by: Ankney

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 12-31-06.

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

(1) Jon Davis (alternate) – new term commencing 1-01-07 through 12-31-09

(2) Marvin Scott (alternate) – new term commencing 1-01-07 through 12-31-09

ii) Zoning Commission members whose terms ended and are proposed for reappointment are:

(1) Richard Wagner (chairman) – new term commencing 1-01-07 through 12-31-09

(2) Tom Mick (alternate) – new term commencing 1-01-07 through 12-31-09

Chairman Layne requested approval of resolution #8 reappointing members of the Twp zoning board of appeal and commission whose terms expired 12-31-06.

MOTION by: Ankney

SECOND by: Peck

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

Resolution #8 was adopted – the clerk is to prepare a letter notifying the members reappointed by this resolution.

ORDER OF BUSINESS NO. 7 – Sign of 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. 8 – review of p.o.’s which will begin 2007

a) Trustees reviewed and signed purchase orders as prepared by the clerk.

ORDER OF BUSINESS NO. 9 – Township Records – security

a) The Clerk reported that he was informed by Sheriff’s Office investigators that Twp records are not properly secured. Records are stored in the Anthony Wayne Elementary school building and have been since the 60’s. However, said records are not in a locked area (records are in an alcove reached only via a wall mounted ladder).

i) The clerk suggested the following options as a response to the security concerns;

(1) Get school to lock up records – dedicated room or filing cabinets etc.

(2) Rent storage space – at a storage business.

(3) Build secure room at Twp Maintenance building

ii) The Clerk-Fiscal Officer stated that he is legally responsible for Twp records & is therefore bringing this issue per the Sheriff’s Office. Trustees must approve expenditure for this purpose or (in the opinion of the clerk) they share in the legal responsibility.

iii) It was also noted that a “record access” procedure must be adopted

(1) Clerk will have key

(2) Should have a twp employee with anyone who requests access

(3) Anyone wishing to make copies should submit written form “records request form”

(a) Copy of such a form was provided Trustees as – exhibit 9

(b) The Twp has already established a charge for copies - .25 per page

Chairman Layne requested a motion to approve the Fiscal Officer to rent a locked storage unit until Twp staff could construct a locked and secured area in the Twp Maintenance building on Hammersmith rd. Twp staff were approved to purchase necessary material to construct a locked and secure room in the “maintenance building”. The room is to be large enough to hold all records and have space for future years. A small desk/work area should also be available.

MOTION by: Ankney

SECOND by: Peck

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

The motion was adopted.

Chairman Layne then requested a motion to adopt the procedures for access to Twp records:

(1) The Fiscal officer will have the key to the secured storage area.

(2) There should be at least one twp employee/elected official with anyone who access’s the records

(3) If Twp personnel need to access the records a second employee or an elected official should be present.

(4) Anyone wishing to make copies should submit written form “records request form”

(a) Form to be available from the clerk and will be posted on the twp web page

(b) The Twp charges .25 per copied page

Chairman Layne then requested a motion to adopt the “record request form” presented as exhibit 9

MOTION by: Ankney

SECOND by: Peck

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

The motion was adopted. The form is available from by contacting the Fiscal Officer/clerk or will be posted to the Twp web page.

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

ii) The dates are: Jan 31, Feb 1 & 2

iii) All reservations have been made

(1) The clerk requests that if there is a need to cancel, call the clerk 36 hours in advance of conference start date of jan 31.

(2) Clerk handed out travel packet info folders

b) Trustees were also reminded that the Co Twp Association and Engineer’s annual meeting is scheduled for 1-25-07 – 6 p.m. at the county ema building.

i) Tjh called in all twp reservations

ii) Cost is at attendee’s expense & payment is due at the door. $8 per person.

ORDER OF BUSINESS NO. 11 – Trustees were reminded that the 2007 County Engineer’s – “Township Participation” registration form –presented as exhibit 10 should be filled out.

a) This form was first provided in the Dec session – noted by Trustees no pavement or major road work in 07

b) Chairman Layne as if there were any thoughts or changes at this time.

i) Mr. Ankney noted that there are two projects which the Co Engineer’s should address for the Twp

(1) A mat needs placed on Hammersmith Rd – on the south side of the road for approx .25 miles easterly from the Krouse road intersection; and

(2) Indian Bridge lane needs chipped and sealed.

Mr. Layne asked for a motion to approved the proposed work projects.

MOTION by: Ankney

SECOND by: Peck

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

The motion was adopted. The form is to be filled out by the clerk and turned in the Co Engineer’s office.

ORDER OF BUSINESS NO. 12 – Handouts

a) The clerk provided the 2007 Township Directory – as – exhibit 12

b) Trustees noted that:

i) Mr. Peck has moved and his address needs changed to 301 West First St – Defiance, Ohio; &

ii) Mr. Layne’s term of office ends 12-31-07 not 08.

c) These changes will be made and a revised “Directory” will be handed out.

ORDER OF BUSINESS NO. 13 – Defiance Twp meeting dates & times for 2007

a) Currently the regular scheduled session is the last Tuesday of each month at 7:30 p.m. @ the VFW Post 3360 in Defiance.

i) Trustees desire to continue the existing schedule.

Chairman Layne called for a motion to continue the current schedule of meeting on the last Tuesday of each month at 7:30 p.m. at the VFW Post 3360 in Defiance Ohio.

MOTION: Mr. Ankney

SECOND: Mr. Peck

YEA(s) 3 NAY(s) 0 Passed &nbs