Minutes
DEFIANCE
TOWNSHIP TRUSTEES
June
27th, 2006 MEETING
The Defiance
Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,
Ohio, on Tuesday June 27th,
2006 at 7:30 p.m. Following the Pledge of Allegiance the Chair instructed the clerk to
called 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.
Visitors present:
John & Dalla Diemer – 23361 Defiance-Paulding Co Line Rd, Joe Kolb 16492
Cullen Rd, James Schlegel (zoning inspector)
– 220 Pinewood Ave; Robert & Ruth Ann Schofield – 15968 Campbell Rd,
Charles & Penny Bakle Jr. – 1204 Wayne St.
Connie Humphys, W. Tom Wiseman 108
Riverside, Marilyn Steel – 155107 St Rte
66, Tim & Ginny Wiseman – 21369
Hammersmith road, Holly Snyder – 855
Washington Ave., Mary Wiseman – 1016 Grove St, Connie
Duerk 1585 South Clinton St, Brenda Clingaman
735 Village Lane & JoEllen Houck of 8 Deville Drive,
Defiance, Ohio.
ORDER OF BUSINESS
NO. 1
1)
Review and approval of minutes of the previous session.
Chairman Layne requested a motion for the approval of minutes from the
May 23rd, 2006 session.
MOTION: Richard Ankney
SECOND: Dan Peck
YEA(s) 3
NAY(s)
0
Passed
X
Failed
The MINUTES were
approved for the May 23rd, 2006
meeting.
ORDER OF BUSINESS
NO. 2 - citizens concerns
1)
There were no issues raised
under this section.
ORDER OF BUSINESS
NO. 3 - FINANCES
–
The following
financial reports provided to the Board were reviewed.
a)
The May monthly Reconciliation – noted a reconciliation balance of $435,151.29
as of May 31st, 2006…..
balance is minus the outstanding checks.
i)
The balance was $12,194.38 less than the previous month’s balance.
b)
Receipt & Payment reports
i)
Receipts for June were $20,812.12. Bills
for June totaled $28,123.43.
c)
The Cash fund summary through June 30th, 2006, showed an “ending
cash balance” of $427,839.98.
d)
The unencumbered cash balance “cash available” was $310,307.14 which is the
balance after encumbrances are subtracted from the cash balance.
e)
Appropriation Status showed that through June 30th, 20.08% 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 June was then reviewed and checks signed by the Trustees.
Mr.
Layne asked for a motion to accept the financial reports.
MOTION: Richard Ankney
SECOND: Dan Peck
YEA(s) 3
NAY(s)
0
Passed
X
Failed
The motion passed.
ORDER OF BUSINESS
NO. 4 Township Zoning
a)
The clerk informed the
Trustees that the Twp zoning Commission had scheduled a public meeting to re-organize.
The session was held May 30th – 7:30 p.m. at the VFW
(1)
The session was
cancelled as there was no quorum
(2)
the chair Roy Perez
submitted a resignation letter as chair which was distributed as exhibit 4-a
(a)
a copy is on file in
the clerk’s office
b)
the Zoning commission
is to hold a re-zoning hearing at the request of Jerry Baden on 13 more or less acres at
13868 Harding rd –and for Jack Poling – for five + or minus acres on bowman rd
- north side .5 miles west of Williams, adjacent to fred Mansfield property
i)
the request is to re zone from ag to r-1 (residential)
ii)
this meeting was scheduled for June 27th but had to be rescheduled due
to an error in the first notification letter
(1)
this Letter stated a Jan meeting was to be held instead of a June
(2)
TJH contacted the County Prosecutor’s Office and was advised of need to be
re-scheduled
(3)
The new date is July 10th at 6:30 p.m. for the Zoning Commission hearing
iii)
The recommendation of the Zoning Commission will be presented to the Trustees in
their July meeting for final approval or denial.
c)
The Zoning Bd of Appeals will also meet on July 10th to review two
“conditional use permit” requests
i)
Joe sisco & Fred Mansfield requested “conditional use permits”
for the purpose of building a home on ag zoned land
(1)
Sisco at 15828 Power Dam rd
(2)
Mansfield at 22583 Bowman rd
ii)
This session was also rescheduled from June 27th for same reason as
noted above.
d)
Trustees were informed by the clerk that the Zoning Map & Land use Map approved
in Oct 05 may be reviewed
i)
The Zoning Bd of Appeals members are discussing the need to review and change the
Twp Zoning Map
ii)
Mr. Keller – Chairman of the Appeals Bd - stated that a mistake was made when
they first approved the current map
(1)
It was his opinion that the group did not intend to approve the areas designated as
residential r-1 (r-1) but instead should have
been designated as conditional use areas
iii)
If the Zoning Map is to be amended there must be a request filed with the Zoning
Commission. This request could come from
anyone. The Commission would then recommend
whether or not to take action to the Trustees. If
the Trustees agreed then the regular amendment process would be implemented.
(1)
Two public hearings and a recommendation to the Trustees for approval or denial.
(2)
No official action has been requested as of this session.
iv)
Ruth Ann Schofield –
15968 Campbell Rd, Township
Appeals Bd member was recognized by the Chair. Mrs.
Ruth Ann Schofield said she believes the Zoning Map should have been “conditional use
areas” where it is currently showing r-1 status and that this needs corrected.
(1)
Mr. Schlegel – zoning inspector said
it is his interpretation that should those areas be designated as “conditional use”
areas the Appeals Bd would not need to conduct a hearing for requests to build a home in
those designated areas as the designation would already exist.
(2)
Mrs. Schofield – said she would
review this with the Chair, Mr. Keller, and then determine a coarse of action.
e)
The clerk informed the Trustees of a request from the Prosecutor’s Office
relative to any action it should take regarding the Merriman issue.
i)
Zoning Inspector Schlegel was asked to comment.
ii)
He noted that he has observed that no further construction in recent months
iii)
The Merriman’s have not responded to any of his attempted contacts nor have they
responded to letters from the Prosecutor’s Office.
iv)
The next step is for the Prosecutor to take legal action to enforce Twp rules –
which require a permit be obtained before construction.
v)
The Trustees determined to take the issue under advisement.
f)
Monthly report (June) - Twp Zoning
Inspector- Mr.
Jim Schlegel’s report
i)
Site Review Don Retcher SR 66 Ref Split. Sent to Maumee Valley planning with
my approval. This is a
land locked parcel & I advised no family dwelling could be constructed. This parcel
will go to his
father in law Dave Kellermeyer as it is adjacent to his property.
ii)
Site Review Ken Tenwalde SR 66 Sign no permit. After several contacts sign was
removed.
iii)
Joe Sisco Conditional Use AG to R1 Power Dam Rd Working with Bridle Homes permits
for Sisco home.
iv)
Fred Mansfield Conditional Use AG to R1 Bowman Rd
v)
Jack Poling Rezone AG to R1 & Permit issued for ½ acre pond
vi)
Site Review Greg Murphy Home Addition Sponseller Rd Permit Issued
vii)
Site Review Wheeler SR 15 New Home Working with John Duerk Builder Permit Issued
viii) Site Review Josh Schlegel Hammersmith Rd Out Building Permit Issued
ix)
Also investigated his complaint of nasty odor and color of drainage ditch in
front of his property. I
discussed this with Def Co Health Dept Craig Richards will check into it.
x)
Site Review Answered Complaint of Tom McMillen Campbell Rd running a business at
his residence. He
advised he will apply for a Cottage Business permit. Paper Work sent.
xi)
Site Review Ron Steel SR 66 garage and breeze way Permit Issued
xii)
Site Review James Wallace McCollister Rd Out Building Permit Issued
xiii) 6-15-06 Met with Russell Herman ref Merrimans Bowman.
No Zoning Permit. I have witnessed no continued construction in the past few
months. He advised that the trustees should decide weather to pursue prosecution or wait
out and see if construction continues.
xiv)
Fees collected Year to Date $3,270
g)
Mrs. Schofield was
recognized and suggested that the Defiance County Planning Commission be contacted and
asked to provide a training session for the “Zoning Bds of Defiance Twp”.
She feels that training would help all members as it appears to her that our Zoning
Bds are not understanding the rules in our Zoning Book and do not understand their
requirements under those Zoning rules.
ORDER OF BUSINESS
NO. 5 - Equipment
a)
Chairman Layne requested any comments or concerns from Twp employees on current or
proposed new eq.
i)
John Diemer and Joe Kolb both said
(1)
The twp mower tractor – ford 4050 was leaking hydraulic fluid
(2)
Mr. Ankney to review and if necessary get p.o. from tjh to fix
b)
Purchase of copier –
i)
The clerk noted that he is still working when time permits on acquiring information
to review so as to be able to propose the purchase of a new copier.
ii)
Trustees had approved the fiscal officer to acquire bids for a new copier during
the Jan 31st session.
iii)
TJH continues to work on this project.
ORDER OF BUSINESS
NO. 6 - Trustee
Report – Monthly Twp Rd inspection
a)
June - Rd review by Trustee Peck…Mr. Peck’s
report was distributed as exhibit 6-a which was passed out to Twp road employees
and will be on file in the clerk’s office.
i)
Reported noted normal berming, patching and weed control
ii)
Mr. Peck also noted that a culvert on Lakeview appeared to be collapsing.
Crew to check and repair as necessary.
iii)
Mr. Peck stated that the Indian Bridge
Lane project seems to be idle. He questioned
if a time frame could be implemented to expedite the work.
(1)
It was determined that the Trustees will meet with both the contractor – (bendele)
and Soil and Water at the project site to determine best most expeditious method to
complete the project. Meeting to be soon
after this session.
b)
Trustees reviewed status of proposed road projects
i)
Kiser Rd project in 2007
(1)
Timeframe as determined by Trustees at
the jan 06 session is to do 2nd half (1 mile from Keller to Canal) in 2007
(2)
est cost from Co Engineer provided at
the Jan session was $304,000
(3)
fiscal officer continues to note that even this timeframe may not be fiscally
possible
(a)
as of this session there is approximately $120,000 available (comparing fund bal
report month to month)
ii)
Indian Bridge Lane – see comments under Mr. Peck’s report.
(1)
Per Trustees directions
in the April 06 session
(a)
Issue is flooding
caused by lack of drainage
(b)
Twp hired Bendele for
tree stump removal and re-grading
iii)
Sponseller Rd near the Hahn residence. Road
is covered with storm water after a heavy rain
(1)
Twp has determined after meetings with the County commissioners and County ditch
maintenance program under Defiance Co Soil and Water that the Link ditch is the cause of
this problem and needs cleaned out.
(a)
Twp submitted written request to Soil & Water in mar to evaluate clean out
priority
(b)
Mr. Peck noted that Soil & Water must survey the ditch and this survey is
scheduled for this fall.
(i)
He anticipates that the ditch clean out (Link ditch) will take place next year
(2007) and when that takes place the problem will be resolved.
(2)
Until new activity takes place on this project the subject will be removed from
future agendas.
c)
The July review will be preformed by Mr. Layne
d)
Chairman Layne asked if there were any new road projects?
(1)
There were none at this time.
ORDER OF BUSINESS
NO. 7 -
Twp Insurance Plan
a)
The Clerk was recognized and reported that the Twp received notice from the Ohio
Plan’s Conrad Beck that the Twp may qualify for a premium reduction if the Twp complies
with the Insurer’s advice based on annual safety inspections.
i)
That inspection took place in Mar on the 27th and it was proposed that the Twp do
two specific tasks (rep dated May 31- copy on file in clerk’s office & in meeting
file)
(1)
Keep computer back up tapes in a location away from the clerk’s office– this is
being done as the Clerk has back up discs in his Co office
(2)
Adopt a “citizen complaint form which was presented as exhibit 7-2
(a)
The form if adopted would be available from any Twp official and will be posted to
the web
ii)
Mr. Layne asked for any comments.
(1)
Mr. Peck stated he was concerned that posting such a form to the web might draw
many frivolous responses. He noted that
citizens are well aware that they can phone any Trustee and get a response to their issue.
(2)
It was again noted that this is about an ins premium discount for the Twp.
Mr.
Layne requests a motion to adopt the form as submitted.
MOTION: Mr.
Peck
SECOND: Mr.
Ankney
The
Vote to adopt was:
YEA(s)
3 NAY(s)
0 Passed
x
Failed
The
from was adopted. Copies will be made and
distributed to the Trustees and the form will be posted to the
web
page.
b)
Trustees then reviewed a notice
–distributed as exhibit 7 –b from OTARMA acknowledging our withdrawal from
their insurance program. This document will
be on file in the clerk’s office & in this meeting’s file.
ORDER OF BUSINESS
NO. 8 – Personnel
a)
The Clerk distributed a
letter from employee Mary Ankney’s doctor placing her on leave until August 1st,
2006 – exhibit 8-a will be on file in the clerk’s office
i)
There was no comment.
ORDER OF BUSINESS NO. 9 – Hand
outs:
a)
The monthly (June 06) GrassRoots
clippings – exhibit 9-a was distributed.
b)
The clerk reviewed the
notice from Defiance County Twp Association – exhibit 9-b – noting that the 2nd
qrt session will be July 6th @ American legion in Ney,
Ohio. The clerk asked if any Trustees
would attend?
i)
All Trustees stated
they would and the clerk will call in the rsvp’s
c)
A notice from Defiance County Commissioners – exhibit 9-c – relative to
dead deer pick up from Twp roads was read. The
cost to the Twp for this service by the County will be $15 per animal picked up.
i)
Def co enviro services will provide the service
ORDER OF BUSINESS NO. 10 – Old
Business:
a)
Mr. Layne asked if there was any old
business?
i)
There was none.
ORDER OF BUSINESS NO. 11 – New
Business:
a)
Mr.
Layne asked if there was any new business?
i)
The Clerk was
recognized. The Trustees were informed of a
proposal by “Sanford trucking” of May rd in Defiance Twp to be annexed into the city
of Defiance. Information was provided to the
Trustees from Sanford’s attorney Mr. Stan Yoder.
(1)
A copy of the petition
request
(2)
A legal description
from Poggeymeyer’s engineering representing Stanford Trucking.
(3)
A copy of the Twp plat
map noting the location.
ii)
Mr. Peck noted that the
company probably wanted city water and sewer services.
iii)
Trustees were asked by
the clerk if they wished to object as this process was filed under new state laws adopted
last year which allow for a fast tract approval.
iv)
Trustees decided to
take no action at this time.
b)
There was no other new
business.
ORDER OF BUSINESS
NO. 12 – NEXT MEETING:
NEXT MEETING:
Time:
7:30 p.m.
Place:
VFW Post 3360 – 221 North Clinton Street - Defiance, Ohio
Mr. Layne requested a
motion to adjourn this meeting of June 27th,
2006
MOTION: Mr.
Peck
SECOND: Mr.
Ankney
YEA(s) 3
NAY(s)
0
Passed
x
Failed
Respectfully
Submitted
Timothy J. Houck,
Fiscal Officer/Clerk