Minutes

DEFIANCE TOWNSHIP TRUSTEES

July 26^th,  2005 MONTHLY MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday July 26^th,  2005 at 7:30 p.m.  Following the Pledge of Allegiance the meeting was called to order by Chairman Robert H. Layne.  Answering to the Roll were Trustees Charles Bakle, W. Tom Wiseman & Board President Layne.  Also present was Tim Houck, Township Clerk.  All three (3) members of the BOARD OF TRUSTEES having answered the roll a quorum was present.

Visitors present:   Mr. James Schlegel, Township Zoning Inspector,  Richard Ankney,  Mary Ankney, Joe Kolb & John Diemer Township employees.   Other(s) present were JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio, Penny Bakle of 1204 Wayne Ave, Defiance, Ohio,  Rita Layne 13373 Harding Rd, Defiance, Ohio & Rhonda Shaffer of 13386 St. Rte 15,  Defiance, Ohio.

ORDER OF BUSINESS NO. 1

Review and approval of minutes of the previous session.

Chairman Layne requested a motion to approve the minutes from the June 28^th,  2005,  session.  Mr. Bakle noted that in item 8 section E, he not Mr. Layne brought forth the Cromley Cemetery issue.   Mr. Bakle then moved to accept the minutes.

MOTION:   Charles Bakle              

             SECOND:  W.  Tom Wiseman                                             

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

The MINUTES of the June 28^th,  2005,  session were approved. 

ORDER OF BUSINESS NO. 2  -  citizens concerns

1)   Mrs. Rhonda Shaffer of 13386 State Rte 15 was recognized by the Chair.  Mrs.  Shaffer complained of uncut weeds and grass on a neighboring property.  The property in question is to be sold at an up coming  Sheriff’s auction and is under control of a banking firm located out of state.  No address was mentioned at this session. 

a)   All Trustees knew where the property was located.  Trustees ordered that the Twp road crew mow the property.  The time and equipment used are to be billed to the property tax through the Twp to the County auditor.

b)   The clerk was directed by the Trustees to charge $75 per hour for equipment plus labor and material (fuel)

Chairman Layne requested a motion to have the Twp road crew mow the lot of concern to Mrs. Shaffer and to bill the equipment use at $75 per hr + time and material.

MOTION:   W. Tom Wiseman              

             SECOND:  Charles Bakle                                              

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

The motion passed.   

c)            Trustees then noted that high grass and weeds also existed at the former “Larry’s Auto Repair” shop located @ 13976 St. Rte 15 and at an empty lot next to a Karate business sign just north of Larry’s Auto. 

i)      Trustees however did not order any action be taken on these two properties.

ORDER OF BUSINESS NO. 3  -  FINANCES –

The following financial reports provided to Board were reviewed.

a)   The June monthly Reconciliation – noted a reconciliation balance of $258,178.13 as of June 30^th,  2005, balance is minus the outstanding checks. 

i)     The balance was $23,442.24 less than the previous month’s balance. 

b)   Receipt & Payment reports

i)     Receipts for July were $8,375.22.  Bills for July totaled $11,758.10. 

c)   The Cash fund summary through July 31^st,  2005,  showed an “ending cash balance” of $254,795.22. 

d)   The unencumbered cash balance “cash available” was $217,994.12 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through July 31^st,  30% of the years’ appropriations had been expended.  All reports will be on file in the Clerks office.

f)    The Trustees reviewed and signed the bills for the month.

g)   Payroll for July was then reviewed and checks signed by the Trustees.

Mr. Layne asked for a motion to accept the financial reports.

MOTION:    Charles Bakle           

             SECOND:    W. Tom Wiseman                                            

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

The financial reports were approved as presented. 

h)   Twp Audit – 2005

i)    See agenda’s of May and June for past details – Doug Zimmerman was the auditor

ii)   The clerk reported that as of 7-28-05

(1)  The audit is complete

iii)   The exit audit was held June 8^th,  2005

iv)        Zimmerman reviewed the audit findings which will be released in the Management letter.  These findings are confidential until the final draft of the Management letter is released by the auditor’s office.

v)   A GAAP look a like report was prepared and the Twp will avoid a deficiency comment in the Management letter

vi)        There were several findings

(1)  Mis-posting receipts into incorrect accounts – by previous clerk – not yet addressed

(2)  & an over payment to the cemetery sextant

(a)      requires monthly stipends for June & July 05 be withheld – see letter to Mrs. Ankney listed as exhibit h-v - 2a of the June agenda (the with holding of the july stipends completes this issue.)

(3)  A notice of need for a bond for Trustee layne – completed & is on file

(4)  Requirement to get collateral statements from the Twp bank to note sufficient assets to cover the Twp’s funds – not yet addressed

(5)  A zoning policy to allow zoning inspector to pay in zoning fees on a monthly basis - completed

(6)  Est audit cost was $5,500 not $6,000 as estimated originally – bill for remainder due was in the bills for the month of june. –

vii)  As of the July session the Twp awaits receipt of the “management letter” & the clerk needs to repost the errors noted by the audit – mis posting from 2003. 

ORDER OF BUSINESS NO. 3 Township Zoning

a)            Trustees reviewed the following zoning Issues as of this session: 

i)      Adoption of Twp Zoning Map as prepared by County Soil & Water

(1)            The clerk informed the Board that the Map was provided to the Defiance Co Planning Comm for review

(a)      This is in compliance with the procedures provided to the Twp by the County Prosecutor’s Office

(b)      The Planning committee session is scheduled July 28^th 1p.m. @ Maumee Valley Planning – building B – Island Park Ave.

ii)      Adoption of Twp Land use map as prepared by County soil & water

(1) Again the Clerk informed the Bd that the Map is at Co Planning Comm for review – session is scheduled July 28^th 1p.m. @ Maumee Valley Planning – building B – Island Park Ave.

iii)  Re-adoption of Twp Zoning Rules – (Blue Zoning book) 

(1) The clerk noted that the Rules Book is at Co Planning Comm for review – session is scheduled July 28^th 1p.m. @ Maumee Valley Planning – building B – Island Park Ave.

iv)      Review and revise if necessary Twp Zoning fee structure

(1)            The Trustees were informed that the Prosecutor’s office stated verbally to the clerk that the fees may be amended by the Trustees during any regularly scheduled public session.

(2)            The Trustees then discussed the current fee schedule which was provided as exhibit 3-a – iv

(a)      Trustees made the following proposed changes: 

(i)            Small building  description to include “not on foundation – no permit required.”

(ii)            Additional remodeling to include “to a structure”

(3)            The revised fee schedule is to be brought back for review by the Trustees during the August regular monthly session.

v)      Changing current Twp Zoning Board of Appeals to the Zoning Commission and the current zoning Commission to the Zoning Board of Appeals.  This issue was first placed on the agenda in the Mar 05 session.  The Trustees tabled the issue for a second time in the April session.  This is a continuing item until the items 3-i through 3- iv of this agenda are completed.

(1)            The issue was initially raised by Zoning Commission member Schofield last fall.

(2)            Per procedures and responsibilities as provided by the Prosecutor’s office; the Appeals Bd is doing the work that the Commission should do and the Commission is doing the work that the Appeals Bd is suppose to do. 

(3)            Current Board of Appeals members are:

ZONING BOARD OF APPLEALS

*  denotes term beginning January 11, 2005

vi)      Current members of the Zoning Commission are:

ZONING COMMISSION

b)   The clerk stated that a Plan of action to address the above items is being implemented.

i)    Per the Prosecutor’s verbal instructions to the clerk in a session at mr. herman’s office in early July:

(1)            Items i, ii, & iii must first be reviewed by the County Planning Commission

(a)      Their session for the month of july is on the 28^th

(b)      Trustees Layne and Wiseman said they would attend if possible

(c)      Following the Planning Commission session and with that groups approval - Then:

ii)      Two public hearings will be held under the auspices of the zoning commission

(1)            The first to be held on August 30^th at 7:00 p.m. just before the regular Trustee session

(2)            The second on September 20^th  again just before the regular Trustee session

(a)      The clerk requested that the reg Trustee meeting be moved to this date in order to

(i)            eliminate multiple monthly sessions &;

(ii)            the clerk is unable to attend the reg scheduled session in sept due to his primary job commitments

1.      must run a special meeting session ad regardless of which day the session is held for zoning – there is no extra cost to the Twp

2.      The zoning commission will recommend the adoption with or without edits of the items to the Trustees

3.      Trustees will review and vote on each item in the September session.

(3)            Trustees approved the schedule as noted above.

c)            Monthly report  - Twp Zoning July 05 - Inspector’s Report -  Mr.  Jim Schlegel

i)      Bob Layne & myself did a site review at the lot split on Bowman Rd and
the rear of Parkview Dr

ii)   Met with Russ Herman on zoning issues, He advised we might want to look
at updating our zoning regs such as junk vehicles age to be considered
junk.

iii)   Ref lot splits on Bowman Rd he said go ahead and approve as this does not
give permission to build just to move on to Maumee Valley Planning we can
give our input at that hearing.  Also we might want to take a look at the
Twp comprehensive plan for future developments. He has no dates of
adoption of out zoning regs suggested checking w/ BG whom helped develop
these. (clerk noted he had been in contact with BG and they stated they have no records of the Twp adopting the draft  rules they provided.  These are the rules we have been and are currently using.  It is these rules we will be adopting in Sept)

iv)      Issued a Barn permit to 21270 Hammersmith. Permit #1559

v)      Issued Notice of Zoning Violation July 7th to Robert Mulinix Hammersmith
Rd for vehicles and Storage containers violations. Dead line is July
27th. Not too cooperative.  Stopped back on July 14th to confirm they did receive the Violation
Notice and ask if they had any questions. Mrs. Mulinix questioned why I was back out there and they were working on the problem and will have it resolved by the end of July. She also advised she would not remove the storage containers. 7-20-05 received a call that a new structure is being built at this location. Mrs. Mulinix called advising her attorney wants a copy of zoning regulations that I cited in violation notice. She also ask me to meet with her husband 7-23-05 10am. I hand delivered copies of Sec 301 Zoning Permits-Sec 1008 Junk---Section 1003 Parking & Storage of Vehicles----Sec. 1031 Unlicensed Motor Vehicles----Definitions of Structure & Motor Vehicle.  I met with Mr & Mrs Mulinix on Sat. July 23 @ 10 am. She ask me to quit looking around. Mr. Mulinix was very cooperative and wants to put up a pole barn, which would alleviate, a lot of their problems. However I got the impression Mrs. Mulinix does not want to build and advised she wants a full copy of all zoning regulations not just the ones I gave her pertaining to current problems. The discussion became very heated. I did not feel we were progressing anywhere. I advised her the end of the month was the deadline and the matter would be turned over to the prosecutor.

vi)      Jimmie Salay wants to put in a mobile home on Co Line & Campbell Rd. I advised her of Def Twp Mobile Home Regulations. With that she will decide what to do Issued permit for a home addition at 21347 Hammersmith Rd Permit #1561

vii)  Site Review for junk complaint @ 24771 Watson Rd this revealed a large amount of construction materials stored outside of structure. Owner lives in NY daughter lives in Oakwood I made contact with her she ask for two weeks to comply.

viii) Ref Grass & Weeds on SR 15 some attempt has been made to cut part of this however this is up for Sheriff Sale 7-29-05 -It is a nice home I'm sure it will be taken care of..

ix)   Ref dilapidated house on Sponseller Rd the structure has been removed.  I received a call from the complainant thanking me for my intervention in this matter..

x)   15502 Power Dam Rd issued permit for a home addition.

xi)   Jim Varner Def Pau Co Line B/T Williams & Campbell Wants to put in a Pond I ask for a sketch -I received it and sent to S&W for review..

xii)  I Received site review for Fred Mansfield Bowman Rd Split from S&W. This has five Parcels, with the remaining 77 acres he will maintain and build a home on. He wants to put in a septic system now and build in a year or so.

xiii) Following is information received from Steve Graf.

(1)            Jim,
We have not reviewed the site for the Mansfield's and we also have not issued any drive permits. As far as the Lot splits, they would have to be reviewed by Maumee Valley Planning. They are allowed to split up to five from the Original piece, after that, there can be no more splits. As far as the lots themselves: lots 1, 2, 4 and 5 appear to meet the requirements of the Subdivision Regulations and your zoning
regulations for frontage requirements. However, lot 3 is not in compliance with the Subdivision Regulations for width to depth ratio not to exceed 1 : 2.5. They would be required to go before the Planning Commission for a variance, which most probably would be denied as there is no undue hardship that is evident to me. If I can be of further help, please call.
Steve Graf, Admin. Deputy
Defiance County Engineer's Office
419-782-4751
dcestaff@defiance-county.com

xiv) Received a lot split request from Attorney for Charlie Dockery for land at 20669 Powers Rd owned by Emmaline Michenfelder. This was approved and will go to Maumee Valley Planning.

Respectfully Submitted Jim Schlegel Def Twp Zoning Inspector

d)            Following the above report Trustees discussed the request for copies and a price to be charged. 

Mr. Layne asked for a motion to set a price for copies.

Mr. Wiseman moved to charge .25¢ per copied single sided page.

MOTION:    W. Tom Wiseman           

             SECOND:   Charles Bakle                                             

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

The motion passed.  The clerk will prepare a policy to be presented at the August session.

2)   Mr.  Wiseman then wished to be on public record commending Mr. Schlegel for the good work he is doing in a very tough job.

Mr. Wiseman moved to commend Mr.  Schlegel for a job well done.

MOTION:    W. Tom Wiseman           

             SECOND:   Charles Bakle                                             

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

The motion passed. 

ORDER OF BUSINESS NO. 4 --  Equipment; 

a)            equipment issues were reviewed. 

i)      Trustees inquired as to the status of the berm re-claimer which had been ordered from Kalida Truck per direction of the Trustees in the april session

(1)            unit was purchased for $5,400

(2)            twp awaits delivery as of this session..

ORDER OF BUSINESS NO. 5 -  Trustee Report – Monthly Twp Rd inspection

a)   July - Rd review by Trustee Layne – a copy is on file in the July meeting file in the clerk’s office

i)    A copy of the report is to be provided to Township rd crew to determine work schedule

ii)      Trustee Bakle will conduct the inspection in August

iii)   Mr.  Layne asked Mr. Schlegel to check on illegal dumping on Garman Rd near the Boy Scout camp.

iv)      Trustees asked the clerk to order “road narrow signs” for Kiser Rd.  These are to be placed at the east end of the recently reconstructed portion of Kiser; as the new portion is considerably wider then the remaining 1 mile section from Keller to Canal.

v)      Again, the Cromley cemetery brush removal issue was discussed.  Mrs. Ankney said she did not have the proper equipment to remove this material.  Mr.  Layne said he would get a Boy Scout troop to address this problem.

b)            Trustees reviewed existing road projects with the Twp staff

i)      More Berming is needed on Kiser Rd

ii)   Mr. Ankney reports he is working on the salt/stone spreader to make it more efficient.   He would also like to see the new berm re-claimer come in as soon as possible as this would save money by reducing need to purchase all new berm stone.

c)   New road projects were reviewed.  The Twp crew is to install:

i)      Catch basins on Krouse and Ball Roads &:

ii)      Patch Winn Rd.  sufficient to drive on until the Twp closes the road which is anticipated in the new future.

ORDER OF BUSINESS NO. 6  - Personnel 

a)   Mary Ankney – OPERS – service credit issue was reviewed.

i)      Ankeny seeks service credit for 90 - 95

ii)      New information on her employment was provided to the Trustees during the May 05 session by Trustee Wiseman

iii)      The clerk sent the information to OPERs July 12th  - this was presented to the Trustees as  see exhibit 6-a which is on file in the employees personnel file and in the July meeting file.  A copy was also presented to Mrs. Ankney during this session.

iv)      The Twp awaits a response from OPERS.

b)            unemployment compensation – employee reimbursement to Twp – policy

i)      issue was with Jim Schlegel late 04 – see past agenda’s & minutes for details

ii)  The Clerk reported that he is in the process of writing a proposed policy based on Trustee direction from the Jan 05 session.  Once the policy is completed it will be reviewed by the Trustees and then sent to the prosecutor’s office for approval/edits.

iii) The policy is being written….and is not complete  as of meeting date.

c)            Deferred Compensation Program for Twp personnel was reviewed.

i)  This issue was placed on the agenda in April 05 at the request of Mr. Schlegel

ii) the Clerk reported he has contacted – Ohio Employees Deferred Comp Program for information

(1) Contacted 5-26

(a)      Rep is Danielle Fields – 877-644-6457

(b)      She has sent info for employees to review – this was distributed at this session and listed as exhibit 6-c.  A copy is on file in the July meeting file.

iii)  The clerk stated he needs to contact UAN to determine – if approved by Trustees how to set up system in our accounting program & that due to time constraints this process is proceeding slowly

ORDER OF BUSINESS NO. 7 – Hand outs were distributed as noted below:

a)            Monthly (July 05) GrassRoots clippings – exhibit 7-a was distributed and is on file in the meeting file.

b)   Letter from State Rep James Hoops of the 75^th House District requesting support to exempt a rr crossing in Henry co from ORC section 4511.63 was presented to the Trustees in the May 05 session

i)      Trustees signed a letter of support during the June session

ii)      The clerk provided exhibit 7-b to the Trustees.  This is the Public Utilities Commission Chair’s response to the Twp support letter.  It notes a Public hearing was held July 21^st.  The PUCO will now rule on the request.

ORDER OF BUSINESS NO. 8 Old Business

a)   Issue of past work in the Lakeview subdivision on property owned by John Flores of 100 Lakeview.

i)      See agenda from Jan thru May for details

ii)      The prosecutor was contacted by the clerk on June 27 and is requested to pursue collection of the debt as noted in the prosecutors’ letter to flores dated May 18,  2005

iii)   As of this session the Prosecutor’s Office has collected the debt owed through Court action.

(1)            Money was deposited into the Twp account by the clerk on 7-21-05

(a)     Receipt letter to flores was presented as exhibit 8-a

(b)     Judgment from muni court  is exhibit 8-b

(2)            All items are on file in the Lakeview project file and in the july meeting file.  This issue is closed.

b)            Trustees discussed the cell phone provider and lack of cell coverage.  It was noted by the clerk that the existing cell phone was taken to the service provided “centennial”  It was cleaned and deemed to be working properly.  The reason for the lack of coverage is that Centennial does not have towers on the south side of Defiance, which is Defiance Twp.  Mr.  Wiseman noted that All-tel seems to have better coverage in this area. 

Mr. Bakle made a motion to have the clerk contact All-tel and check on the coverage and to enter into a contract and purchase a new phone with All-tel if coverage is better.

MOTION:    Charles Bakle           

             SECOND:   W. Tom Wiseman                                              

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

The motion passed. 

c)   Mr.  Wiseman reported that the “Twp Maintenance building” dedication went very well.  The building was dedicated to John Webb and Catherine Hofer, two long time servants of the Twp.  The dedicated took place in early July. Mr. Wiseman noted that those in attendance seem to be pleased.

ORDER OF BUSINESS NO. 9 –  New Business:

a)   none

10)       NEXT MEETING:

Date:               Tuesday August 30^th,  2005  - regular session

            Time:               7:30 p.m.

Place:              VFW Post 3360 – 221 North Clinton Street - Defiance,  Ohio

Chairman Layne requests a motion to adjourn this meeting of July 26^th,  2005 

MOTION:   Charles Bakle 

             SECOND:    W. Tom Wiseman                                                  

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

The motion to adjourn passed.  

MEETING ADJOURNED

Respectfully Submitted

Timothy J. Houck,  Clerk

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