Minutes

DEFIANCE TOWNSHIP TRUSTEES

June 28^th,  2005 MONTHLY MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday June 28^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 & Board President Layne.  Also present was Tim Houck, Township Clerk.  Two (2) of 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 St, Defiance, Ohio,  Frank & Angela Newyear of 21559 Parkview Dr,  Jim Fisher of 21513 Parkview Dr & Keith and Melissa Arnett of 21488 Parkview Dr. all of Defiance,  Twp, 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 May 31^st,  2005,  session.    

MOTION:   Charles Bakle              

             SECOND:  Robert Layne                                              

YEA(s) 2          NAY(s) 0                      Passed            X                     Failed

The MINUTES of the May 31^st,  2005,  session were approved. 

ORDER OF BUSINESS NO. 2  -  citizens concerns

1)   A group of citizens from Parkview Drive in Defiance Twp were recognized by the Chair.  The group asked the Trustees to address several concerns they shared:

a)   All present live on the stoned portion of Parkview Dr, which is in fact a separate Rd called Schroeder.  Item 1 -- The group noted that some other residents on this road drive to fast and this causes a dust concern.

i)      Chairman Layne said he would contact the County engineer’s office to ascertain what dust control measures can be applied to the road.

b)   Item 2 – this group unanimously requested that speed reduction be put in place by posting a speed limit sign.  Trustees noted that as they understand the law; there are certain restrictions as to their power to post speed limits.  Again, Chairman Layne agreed to contact the county engineer’s office to ascertain if a speed limit of 10 or 15 mph can be posted on this road.

c)   Item 3 – the group requested that the school bus be instructed to travel the length of the road to pick up the children.  The group is concerned with safety – dark during early winter morning pick ups.  Mr.  Fisher stated that the bus currently doesn’t travel the length of the road as he was told by school personnel there is no turn around area.  Mr.  Fisher offered his drive as a turn around for the bus.  Again, Mr. Layne indicated he would contact school officials to see if this could be arranged.

ORDER OF BUSINESS NO. 3  -  FINANCES –

The following financial reports provided to Board were reviewed.

a)   The May monthly Reconciliation – noted a reconciliation balance of $281,620.37 as of May 31^st,  2005, balance is minus the outstanding checks. 

i)     The balance was $17,892.31 more than the previous month’s balance. 

b)   Receipt & Payment reports

i)     Receipts for June were $10,649.62.  Bills for June totaled $3,8593.90. 

c)   The Cash fund summary through June 30^th,  2005,  showed an “ending cash balance” of $253,676.09. 

d)   The unencumbered cash balance “cash available” was $215,179.24 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through June 30^th,  27.7% 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.

i)     Trustee Wiseman arrived at this session during this time and is noted as present from this point forward.

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:    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)    The auditor is Doug Zimmerman

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

iii)        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.

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

v)        There were several findings

(1)  Mis-posting receipts into incorrect accounts – by previous clerk

(a)      Clerk will re-post as soon as the official “management letter”  is received

(2)  & an over payment to the cemetery sextant

(a)      requires monthly stipends for June & July 05 be withheld – a letter shown exhibit h-v – a was presented to Mrs. Ankeny explaining the with held check(s).  letter is on file with the monthly minutes & agenda.  A copy is to be provided to the State auditor.

(3)  A notice of need for a bond for Trustee Layne

(a)      Bond request was filed with OTARMA through First Insurance of Defiance.

(4)  Requirement to get collateral statements from the Twp bank to note sufficient assets to cover the Twp’s funds

(a)      Clerk will request when official management letter is received.

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

(a)      Trustees adopted said policy which is on file in the clerk’s office in the May session & in the Policy 3 ring binder

(6)  Est audit cost was $5,500 not $6,000 as estimated originally

vi)  A notice from County auditor of an “Estate Tax”  was reviewed.  see exhibit i on file in the June meeting file. 

vii)  Twp will receive 80% of $15,425

ORDER OF BUSINESS NO. 3 Township Zoning

1)      Discussion of procedures for the following zoning Issues as of the June session:

a)   The clerk reviewed this list:

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

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

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

(1)         Clerk noted that the original resolution is lost and the Twp has no documented authorization to enforce these rules.  A new re-adoption resolution is required.

(2)         The Zoning code book was prepared by BGSU “Center for Government Research and Public Service

iv)      Review and revise if necessary Twp Zoning fee structure.  The Clerk presented the schedule as exhibit 3-a – iv which is on file with the June meeting agenda.

v)      Adopt section 503.40 of the ORC so as to allow the Twp to collect fees on Massage establishments doing business in Defiance Twp.  This is per the County Prosecutor’s Office.  See letter from Prosecutor dated May 18,  2005.  Previously distributed at the may 05 session.

(3)         Trustee Wiseman moved to remove this issue from the process.  He indicated that he was now uncomfortable with assessing a tax on a single type business that is governed under another section of the ORC.  The section (503) is in place to manage “adult entertainment” type massage business.  Businesses that Def Twp would tax and/or license under 503 are governed under 4311 and are “therapeutic massage”.

Mr. Layne asked for a motion to remove item a-v of the agenda from the process.

MOTION:    W. Tom Wiseman            

             SECOND:    Robert Layne                                              

YEA(s) 2          NAY(s) 1                      Passed            X                     Failed

The motion to remove passed.  

vi)      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 fourth time in the June session.

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

(2)            Per procedures and responsibilities as provided by the Prosecutors 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

(4)         Current members of the Zoning Commission are:

ZONING COMMISSION

2)   A Plan of action as prepared by the Clerk was reviewed.  The clerk provided exhibit 3-b – zoning rule change/amendment process from the prosecutor’s office.

a)   The clerk proposed that  two public hearings will be held under the auspices of the zoning commission

b)   the first on July 26^th at 7:00 p.m. just before the regular Trustee session

c)   The second on August 30 again just before the regular Trustee session

i)  The zoning commission will recommend the adoption with or without edits of the items to the Trustees

ii)     Trustees will review and vote on each item in the August session.

d)   The zoning commission will recommend the adoption with or without edits of the items to the Trustees

i)    The Trustees will review and vote on each item in the August session.

e)   This plan is to be reviewed by the  prosecutor’s office before the July session.  The clerk will make any changes the prosecutor directs and inform the trustees prior to the july session

f)    During this session the Trustees were informed that one of them must make a motion to address the above noted issues in whole or in part (according the procedures document).

Chairman Layne requested a motion to hold public hearings as required to address the items in section A of the Zoning portion of the June agenda – except item iv – dealing with the adoption of orc section 503.     

MOTION:   Charles Bakle                                                     

             SECOND:    W. Tom Wiseman                                                  

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

The motion to remove passed.  

3)   Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel –

a)     Defiance Township - Zoning Report – June 2005

i)    From May report junk at the James Ashbaugh residence 21296 Parkview Dr has been removed as of June 6th.

b)   Jason Shafer St Rt 15 reported High weeds at 13416 St Rt 15. He advised critters are coming onto his property from these weeds.  After several searches at the courthouse, I discovered owner was Dennis Roddy, he advised he filed bankruptcy 3 yr. ago. I then discovered this property is under foreclosure. Further review revealed that Franklin Credit Management Corp of NY has the deed and being represented by Javitich, Block & Rathburn from Cleveland, Oh

c)   Barb Gregory called on behalf of her mother.  She complained that on the Def Pau Co line a Perry Porter is  Parking on her mothers property. Site review revealed this is Hickory Ct a private drive per Engineers office. I read the covenant and restrictions at the Court House and advised Mrs. Gregory of the findings. After several calls from Mrs. Gregory, she was also advised this was a legal matter and if she so wished to pursue this she should contact the Def Co Sheriff’s office, as this is not a township matter.

d)   Jim Tackett Kiser permit issued for pole barn

e)   Chuck Clemens Def Pau Co Line Rd permit issued Garage

f)    Mark Rau Parkview Dr permit issued for utility room

g)     Received three complaints 20495 Hammersmith Rd ref junk and vehicles.  Still working w/ owner.  Sent request for info to Russ Herman

h)   Fred & Kelly Mansfield Bowman Rd Their Attorney requested Twp Zoning approval to sell 4 water front lots. This has not gone through Maumee Valley Planning as yet as Twp zoning needs to give approval Trustees requested I contact Prosecutors office first.

4)   Trustees discussed a proposed subdivision plat on Bowman Rd.  there was debate as to whether the subdivision is platted to required lot size.  Mr. Layne stated he would contact the prosecutor’s office for direction and report back during the July session.

5)   Trustees then discussed item b) of the zoning inspector’s report.  They directed Mr. Schlegel to contact the  mortgage company and asked them to have the weeds cut.

6)   Trustees inquired as to the status of filling the position on the Zoning Board of Appeals vacated by Mr.  Renn due to his moving out of the Twp.

a)   The clerk reported that per the Trustees instructions from the May session he had contacted Mr. Paul Zipfel (currently serving as an alternate on the Board) as recommended by the Trustees.

i)    Mr. Zipfel agreed to assume the remainder of the Renn’s term.

b)     Further, the clerk contacted Mr.  George Decker as directed by the Trustees,  again, Mr.  Decker agreed to service the remaining term of Mr. Zipfel (Zipfel was an alternate whose term expires 12-31-05)

ORDER OF BUSINESS NO. 4 --  Equipment; 

a)            equipment issues:…discussion

i)    a berm re-claimer was 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..

(3)            Trustees asked Mr. Ankney to contact Kalida Truck for status on delivery of this unit.

ii)   Mr.  Ankney reported that the 2005 Ford F-5500’s salt spreader/stone spreader was malfunctioning.  He suggested that he could fix the problem by welding some additional metal to the fins.

(1)            Trustees said ok, however, Mr. Ankney is to check with Kalida truck, seller of the attachment, to check if his proposed work would impact the warranty on the attachment.

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

a)   June - Rd review by Trustee Wiseman

i)    Mr. Wiseman said he failed to bring his report to this session.

ii)      Trustee Layne will conduct the inspection in July

b)   Up-date on existing road projects by Twp staff

i)    It was noted that the crew is berming the east section of Kiser Rd.

c)   New road projects..

i)      Trustees will do the CDBG grant income survey of residents of the east mile of Kiser rd and of the residents of Schroeder Rd.

(1)            The income surveys when complete will be presented to Maumee Valley Planning to see if CDBG funds are available for these projects.

ORDER OF BUSINESS NO. 6  - Personnel 

a)   Mary Ankney – OPERS – service credit issue – additional years credit is sought

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

ix)  Ankeny seeks service credit for 90 - 95

x)   with Trustees verbal approval from the May session the clerk is preparing a report to be sent to OPERS.

b)            Employee Training “Confined Space Entry”

i)   Twp employees Ankney & Diemer attended an EMA sponsored training event June 6, 2005

ii)      Certificates of completion of this coarse were presented to the employees

iii)      Copies will be kept on file in the clerk’s office see – certificates were listed as  exhibits 6-b

c)   OPERS has sent notice of an increase in retirement contributions.  This was listed in the agenda as exhibit 6-c

i)   A copy will be in the June 05 meeting file in the clerk’s office

ii)      Employers share will be 13.70%

iii)      Employee share will be 9.00 %

d)            unemployment compensation paid by the Twp to Twp employees who are laid off from another employer–policy preparation to seek employee reimbursement to Twp

i)      issue was with Jim Schlegel late 04 – see past minutes for details

ii)  The Clerk 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.

(1)            The action plan is being written….and is not complete  as of meeting date.

e)            Trustee layne’s “Surety Bond”

i)   The bond is now signed an on file in the clerk’s office

ii)  This addresses one of the 2003-04 audit issues

iii) A copy of the bond will be sent to the state auditor

f)            Deferred Compensation Program

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

ii)      Clerk to check into possibility of participation in this program

iii)  Tjh reported his is in the process of contacting – for information

(1) Ohio Twp Association

(a)      Contacted 5-26

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

(c)      She is sending info for employees to review

(2) CCAO – deferred comp program

(3)            Ohio Employees Deferred Comp Program

(4) UAN to determine how – if approved by Trustees to set up system

iv) Clerk reported that due to time constraints this process is proceeding slowly

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

a)            Monthly (June 05) GrassRoots clippings was present to the Trustees as exhibit 7-a

b)   The 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)      The Twp support letter was presented to the Trustees for signature as exhibit 7-b

ii)      Trustees signed the letter a copy will be on file in the June meeting file

c)   The current Def Twp – City fire protection contract  was re-distributed to the Trustees as exhibit 7-c

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 was reviewed.

i)      See agenda from Jan thru May for details

ii)   Mr. flores has been in contact with the clerk during June and verbally agreed to pay the bill. 

iii)      The prosecutor’s office prepared and sent to Flores the bill.

iv)  As of the June meeting date the twp has not been paid

v)      The prosecutor was contacted by the clerk on June 27 and has requested them to pursue collection of the debt as noted in the prosecutors’ letter to flores dated May 18,  2005 – referenced above

(1)            Prosecutor – is working to collect this debt with a 4% penalty

b)            Information on the Ayersville Water & Sewer Board’s service agreement with the Twp

i)      Trustee Wiseman was to invite representatives from Ayersville Water & Sewer & from Prosecutor’s office and or engineer’s office to discuss Twp association with this group

(1)            Questions to be answered include --Does Twp’s commitment in 1998 mean commitment to any expansion in to the Twp from the 1998 proposed section of the District’s services which was noted as phase A & B?

(2)            Can the Twp opt out of any future District expansion beyond phase A & B?

ii)      Trustee Wiseman stated his belief that this issue should be dropped from the agenda.  He believes that the more service providers the Twp has the better for our residents.

iii)      Potential service providers are:

(1)            Defiance City

(2)            Defiance County

(3)            Ayersville Water & Sewer

iv)  Mr.  Wiseman noted his belief that the Twp is committed to Ayersville Water & Serwer for Phase A & B per our resolution, however, other areas of the Twp not in A & B should have the option of any service provider.

Chairman Layne requested a motion to remove this issue from the agenda without taking any action at this time.

MOTION:   Charles Bakle                                                     

             SECOND:    W. Tom Wiseman                                                  

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

The motion to remove passed.  

c)   Twp Maintenance building – named in memoriam

i)      The Twp crew confirmed that the sign is in place

ii)   A press/photo session is to be scheduled by the clerk

d)   2005 CDBG grant applications –

i)      Trustees were to survey Schroeder rd residences in Power Dam park off Parkview rd and Kiser Rd residences to determine if project is CDBG eligible –

(1)            all CDBG possibilities are income related

(2)            Trustees report they will do the surveys asap

e)            Cromley cemetery – brush trimming. 

i)      Chairman Layne brought this issue to the floor.  He asked Mrs. Ankney,  “why hasn’t the brush been trimmed as previously directed by the Trustees?”

(1)            Mrs.  Ankney noted she does not have the proper equipment to handle the thick brush and requested approval to purchase “blades” for the Twp weed whip.

(2)            It was suggested by a Twp staffer that the plastic blades probably would not work either and that a power saw was necessary.

(3)            Mr. Layne said he would seek a citizen volunteer to address this brush issue. 

(a)     Brush is around certain tombstones in only one corner of the cemetery.  All other parts of the cemetery are ok.

ORDER OF BUSINESS NO. 9 –  New Business:

a)   A notice of new Liquor Permit application was presented to the Trustees for their review.

i)      This was listed as exhibit 9-a in the agenda

ii) The permit is for a Stephen Assaf of 1451 Baltimore Rd  -- Westwood Inn

iii)  Trustee must decide if they desire a hearing or not

Chairman Layne requested a motion as to the wishes of the Trustees.

Mr.  Bakle moved to take no action on the issue.

MOTION:   Charles Bakle                                                     

             SECOND:    W. Tom Wiseman                                                   

YEA(s) 3          NAY(s) 0