Minutes

DEFIANCE TOWNSHIP TRUSTEES

March 29^th,  2005 MONTHLY MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday March 29^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 W. Tom Wiseman,  Charles Bakle Jr. & 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 & John Diemer Township employees.   Other(s) present were JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio,  Penny Bakle 1204 Wayne,  Defiance & Ruth Ann Schofield 15968 Campbell Rd, Defiance Twp,  Defiance,  Ohio.

ORDER OF BUSINESS NO. 1

Review and approval of minutes of the previous session.

Chairman Layne requested an amendment to the February minutes.  Layne state that on page 5, item four the figure $15,000 should have stated that the estimated cost was $74 per hour with no total estimate.  With this correction Mr. Layne called for a motion to approve the amended minutes from the February 22^nd,  2005,  session.    

MOTION:   Charles Bakle           

             SECOND:  W. Tom Wiseman                                              

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

The MINUTES of the February 22^nd,  2005,  session were approved. 

ORDER OF BUSUNESS NO. 2            FINANCES –

The following financial reports provided to Board were reviewed.

a)   The February monthly Reconciliation – noted a reconciliation balance of $174,867.24 as of February 28^th,  2005. 

i)     The balance was $662.14 less than the previous month’s balance.  During the past ten month period there have been seven months with a negative cash flow.    

b)   Receipt & Payment reports

i)     Receipts for March were $93,008.69.  Bills for March totaled $8,230.28. 

c)   The Cash fund summary through March 29^th,  2005,  showed an “ending cash balance” of $259,645.65.

d)   The unencumbered cash balance “cash available” was $201,684.09 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through March 29^th,  17.079% 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 March was then reviewed and checks signed by the Trustees.

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

MOTION:    W. Tom Wiseman           

             SECOND:     Charles Bakle                                           

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

The financial reports were approved as presented. 

h)   2005 Township budget increase.  First 2005 amended certificate was presented to the Board as exhibit 2-h

i)    this document amends the original Twp budget from $462,563.49 approved jan 04 to $519,146.49 approved by county auditor as of 3-21-05.

ii)   the increase due to the loan amount from Farmers & Merchants bank for the 2005 F350 cab-chassis, plow and dump bed of $56,583.00

iii)   for accounting purposes the loan – according to both the County and State Auditor’s personnel contacted by the clerk – must be posted as income and expense in the 2005 budget.  This has been done via memo receipt and is so noted in this months financial reports.

ORDER OF BUSINESS NO. 3 Township Zoning

1)   Jennifer Geiger issue.  In the November meeting the clerk reviewed with the Trustees a letter to the Prosecutor’s Office requesting direction as to what if any fees/taxes can be charged for the zoning permit allowed for Jennifer Geiger’s “Massage Therapy” business approved by the Township’s Zoning Commission and the Trustees during October 04  sessions of both boards.

a)   See Township letter (dated 11-23-04).  The prosecutor’s office responded with a letter dated 1-7-05 stating that the Twp can assess certain fees and noted the amounts.  This letter was presented to the Trustees in the January 05 session.

i)      Trustees requested the Clerk to write a letter to Ms. Geiger requesting the fees.

ii)   In the Feb Trustee session the clerk was directed to have the prosecutor review the new Twp fee collection policy presented to the Trustees as exhibit 3-c in the Feb session.

iii)      Policy has been edited by the Prosecutor and is now exhibit 3-a – the Trustee reviewed approved this document during the March meeting. 

Chairman Layne requested a motion to accept the policy for fee collection per ORC 503.40 relative to Massage establishments as edited by the prosecutor’s office.   

MOTION:     Charles Bakle                                                   

             SECOND:    W. Tom Wiseman                                                  

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

iv)      Mrs. Schofield asked that all Zoning Commission and Appeals Boards members be provided a copy.

b)   Clerk then presented to the Trustees a draft letter to Geiger requesting fee payment as directed by the Trustees.  The Trustee reviewed and approved the letter.  Zoning Inspector Schlegel signed the letter which will be mailed as soon as practical.  The letter is in both the Gieger zoning file and the monthly meeting file as Exhibit 3-B

c)   The Clerk informed the Board that he still needs to prepare a certificate or permit which will be distributed when the annual fee is received.  The Clerk intends to contact the Ohio Twp Association to acquire a template.

2)   Trustees reviewed the proposal to change the current Twp Zoning Board of Appeals to the Zoning Commission and the current zoning Commission to the Zoning Board of Appeals.  The issue was raised by Commission member Schofield last fall.

a)     procedures and responsibilities of both the Zoning Commission and the Appeals Board were given to the Trustees as Exhibit 3-d.  The Clerk reported that the documents indicated that the Twp Zoning Commission is now doing the work of the Appeals Board and the Appeals Board is doing the work of the Zoning Commission. 

b)     Trustees discussed the situation and agreed to table the proposal to adopt a motion to switch the responsibilities of the two boards. 

i)      The Trustees would have the Commission finish the work it started on reviewing and approving the “Land Use Plan” and “zoning map” recently revised by the Zoning Inspector and the  Defiance County Soil and Water group.  Soil and Water is under contract to the Twp to provide the above noted service. 

ii)      The Zoning Commission is charged with reviewing and recommending approval, changes or denial of this work.  The current Zoning commission has begun a review.  Trustees agree that they should finish and then the Trustees will address the issue of having the current  Commission assume the responsibilities of the Appeals Bd and the Appeals Bd members being assigned to the Zoning Commission.

iii)  The Current Board of Appeals members are:

ZONING BOARD OF APPLEALS

*  denotes term beginning January 11, 2005

iv)  the current members of the Zoning Commission are:

ZONING COMMISSION

Chairman Layne requests a motion to table the proposal to appoint all members of the Zoning Commission noted above as members of the Twp Zoning Board of Appeals..and to appoint the current Appeals Bd members to the Zoning Commission. 

MOTION:      W. Tom Wiseman                                                  

             SECOND:     Charles Bakle                                                 

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

The issued is tabled.

3)   Trustees discussed item e on the agenda which is the process to approve the zoning/land use maps as prepared by Defiance County soil and water and Twp zoning inspector Jim Schlegel.   The proposal incorporates changes to the previous drawings and was created as part of our annual contract with soil and water.

a)   The Clerk provided the Trustees with a copy of the Duties, Responsibilities of each Zoning group as prepared by the prosecutor’s office.  This packet also included an e mail to the zoning inspector and the Commission Chair – Lynn Keller – which confirms that the information was provided to each of them. This information is on file in the Clerk’s office and was presented as exhibit 3-e

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

a)  March 2005

i)     March 5th I received a complaint of a junk vehicle on Parkview Dr.
Investigation revealed this was on the Jason Klinger property. After 11
unsuccessful contacts I sent Mr. Klinger a certified letter advising of
the ORC violation. 

(1) I made phone contact with Mr. Klinger on March 21 at 9:30pm. After
advising him of the complaint he advised me he was having some family
problems and would take care of this problem.

(2)          March 29 Vehicle has not been moved and no return receipt from Postal
Service as of this date.

ii)  Met with James Gee for a site review for a new home on Campbell Rd. A
zoning permit was issued for his new home.

iii)     Dennis Bucat Watson Rd contacted me ref purchasing the lot west of his
home. I advised of proper procedures and when ready will contact Twp.
Zoning for a garage permit.

(1)          March 29 received a call form Tim Houck ref this variance. Today no
answer by phone I stopped on site and no answer there as yet.
March 29 5pm contacted Dennis Bucat via phone he advised they r going
ahead and purchase the lot . Due to the economy they r not going to seek
a variance at this time.. Will contact me when ready

b)   Dick Leach again contacted me on behalf of his son Ryan about building a
new home on Lakeview Dr. He has not completed the purchase from Jim Webb
as yet.  Monthly report  - Inspector’s Report -  Mr.  Jim Schlegel - Defiance Township Zoning Report

ORDER OF BUSINESS NO. 4 --  Equipment;

a)   The Twp purchase of a 2005 ford cab and chassis & attachments was discussed.

i)    The Twp has possession of the Truck as of March 05 per employee Dick Ankney

ii)   the Clerk reported that the payment to the vendors has been completed by Farmers & Merchants Bank.  This was done through a loan from the bank.  The bank paid the vendors direct.  The loan was posted to the Twp.  accounts as instructed by the both the County Auditor’s Office and the State Auditor employee Linda Maag who is auditing at the County.  

iii)      The clerk prepared and submitted to the County Auditor the required “amended certificate” for accounting purposes.

iv)      Trustees were informed by Mr.  Ankney that there were several mechanical issues

(1)            Brake hook up for trailers

(2)            & a need for helper springs to support loads

(a)      The Trustees instructed Ankney to purchase the springs and have the brake system fixed to allow the unit to pull trailers.

b)   Other equipment issues:…discussion

i)      Employee Ankney and Diemer requested permission to set up an account with a vendor to wash Twp vehicles.

(1)            Trustees agreed and authorized the employees to charge washes at $35 for the International and $25 for all other trucks and skid loader.

(2)            Trustees further authorized the employees to wash the units at their discretion. 

(3)            The vendor is “Charlie’s Z-Tech” rust proofing on Baltimore Rd – Defiance,  Ohio.

Chairman Layne requests a motion to approve the employees of the Twp to establish a charge for wash services at Charlie’s Z-Tech – Defiance. 

MOTION:      W. Tom Wiseman                                                  

             SECOND:     Charles Bakle                                                  

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

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

1)   Trustee Report – the March Monthly Twp Rd inspection was presented as Exhibit 5-A

a)   March - Rd review by  W. Tom Wiseman

b)   A copy of the report will be provided to Township rd crew to determine work schedule

i)      Trustee Layne will conduct the inspection in April

2)   Road work discussion & assignments:

a)   From Jan session – Link Rd issue –

i)      Trustees believe this problem to stem from a plugged tile on a County Rd which backs up the water to the Link rd property.  This is a Co. issued and the Co engineer’s have been informed by our Trustees. 

ii)      This issue is to be removed from the agenda.

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

i)      The Clerk reports that his research finds that Mr. flores appears to be in arrears to the Twp for this work per letters found in file requesting payment from Mr. Flores for work  completed by the Twp at his request in 2002 and for which he agreed to pay. 

(1)            Per the Feb Trustee session the clerk is writing a letter noting payment + penalty

(2)            This letter is to be submitted to the Prosecutor to ensure that the Trustees proposed penalty is statutory.

ii)      There remains a drainage issue on property of  Mr. Chris Davis property – see minutes of Jan and Feb 05 for history

(1)            Trustees noted in this session that they will have Soil & Water appraise the issue.  Mr. Layne is to contact soil and water.

c)   Issue of Co Rd 8 repair.

i)    Mr. Layne reported he has contacted Co engineer and ascertain if this work could be bid on Eng Rd projects for the Twp in 2005.

ii)      The project price is $4,000. 

iii)      Trustees did not object to this project

d)            Drainage issue at Bowman and Karnes effecting property of John Rivers  - 23485 Karnes, was discussed.

i)      Trustees had Mr. Ankney contact Bendele Excavating to deal with this project

ii)      Ankney reported that Bendele will address the problem when weather and ground conditions permit

e)   New road projects..were reviewed.

i)      Bland Rd..

(1)            To be stoned by Twp crews

ii)      Schroeder Rd – near Parkview drive

(1)            To be stoned by Twp crew

iii)      Winn Rd project

(1)            Trustees received quote from engineer’s of $14,000 for this project

(2)            Upon discussion the Trustees will acquire another quote from Yanzer Const before determining whether to proceed with this project or not.

iv)      Trustees were notified that a traffic control sign was knocked down on the west end of Ball road where Ball ends at Krouse.

(1)            Trustees instructed the Rd crew to check if an accident report exists in order to bill the sign replacement to who ever knocked it down

(2)            Twp crew was directed to replace the sign as this is a potential liability

(a)      Sign is to be order through the County Hwy department.

v)      Carter Rd – covered drainage pipe is washed out and needs repaired

(1)            Twp crew to address

vi)      The clerk reminded the Trustees that each of these projects plus normal road maintenance and the approaches to the Bowman Rd bridge project will be expensive

(1)            The Trustees were reminded that this will impact the amount the Twp can put aside for the 2^nd half of the Kiser rd project- estimated at $200,000+  tentatively scheduled for 2006

ORDER OF BUSINESS NO. 6  - Personnel 

a)   Mary Ankney – OPERS – service credit issue

i)      Clerk received notice from OPERS 7-31-04 requesting pay recorders for month paid in years submitted- 96,97,98,99,2000, 2001,  2002 & 2003

ii)      Clerk reported in Aug that a check of the files turned up nothing

iii)      Chairman Wiseman found a letter dated Dec 18,  1992 which states Ms. Ankney is a OPERS employee not an independent contractor and is therefore to be paying into OPERS

iv)      This would seem to document service of at least an additional 2 years.

v)   the Clerk re - contacted OPERS in Nov to determine next step.

(1)            Mrs. Ankney needs to provide the Twp with copies of w-2 which document salary received for any year she wishes to apply for credit which is not already in the Twp’s possession.

vi)      Mrs. Ankney’s w-2’s for 1996 through 2002 were provided to the Clerk by Mr. Ankney

(1)            The Ankney’s noted to the Clerk that IRS has informed them that no copies of w-2’s pior to 1996 were found & that the Clerk is to contact OPERS to get Mrs. Ankney credit for the year’s she has w-2’s and no OPERS retirement was with held by the Twp.

b)            unemployment compensation – employee reimbursement to Twp by Jim Schlegel

i)    for issue history from late 04 – see past minutes for details

ii)   Mr. Schlegel has informed the Trustees that he is no longer submitting for unemployment compensation

iii)      The Trustees instructed the Clerk to continue to draft a policy for the prosecutor to review and approve

iv)      Said policy is to have any employee who remains employed by the Twp pay back to the twp any twp expenses that the Twp has when said employee collects unemployment when laid off from another employer.

(1)            Current law requires the Twp to pay a percentage of the unemployment compensation whether or not the individual remains working for the Twp and is at the same time laid off from another employer

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

c)            Elected Official pay increase – in year 2005

i)      The clerk reported to the Trustees that due to the amended certificate relative to the 2005 F350 truck purchase the Twp budget will now exceed $500,000

(1)            Per ORC elected officials pay is set relative to the total amount of a Twp’s annual budget

(2)            ORC requires an increase in salary

ii)      The clerk contacted the State Auditor’s personnel to confirm this – and provided a copy of an e mail from State auditor Linda Maag

(1)            This e mail was listed as exhibit 6-d and is on file in the clerk’s office

(2)            Ms. Maag also e mailed copy of the ORC.

iii)      The clerk also reported that the elected officials of Defiance Twp will receive an increase is pay effective in the April 05 pay period

(1)            Said pay will be pro – rated for the remainder for the year.

(a)      Trustee pay is figured on the following formula

(i)            2005 ORC daily pay rate is $41.80 x 200 days per year = $8,360

(ii)            8,360 ÷ 12 = $696.66 gross pay effective in april

(iii)            this is approximately $40 per month gross increase

(b)      the Clerk’s salary will be adjusted per ORC to $13,138 via the following formula

(i)            13,138 ÷ 12 = 1,094.83

(ii)            this is approximately a  $109.41 increase per month

ORDER OF BUSINESS NO. 7 – Seminars & Training

1)   the clerk provided information on the following up coming seminars and training sessions;

a)   State Budget awareness meeting @ Northwest Ohio educational Service Center

i)      Invitation to lean about impact of proposed state budget on local gov’t

ii)      See exhibit 7-a

iii)   No Trustees will attend

b)   Twp allowed to appoint two representatives to Economic Development’s Tax Incentive Review Council – Exhibit 7-b

i)      This is due to the Twp donation to this body authorized in fall of 2004 for 2005

ii)      Trustee appointments

(1)            Mr. Charles Bakle & Mr.  W. Tom Wiseman

(2)            The clerk is to fill out the form provided in exhibit 7-b and submit same to Economic Development Office

Chairman Layne requests a motion to nominate Trustees Bakle and Wiseman to represent the Twp on the Economic Development’s Tax Incentive Review Council

MOTION:      Charles Bakle                                                  

             SECOND:    W. Tom Wiseman                                                  

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

c)   A notice from Defiance County Twp Association of their spring meeting – was presented as Exhibit 7-c

i)      The clerk is to call in as attending Trustees Layne and Bakle

d)   Clerk’s report on the 2005 State Auditor’s Local Gov’t conference in Col was provided as Exhibit 7-d

i)    A primary concern is that the State Auditor in all future audits will issue a letter of deficiency if GAAP accounting or final reports appearing as GAAP accounting is not provided

(1)            UAN is working on converting the current cash system to appear as GAAP

(2)            This will cost the Twp additional money

ORDER OF BUSINESS NO. 8 – hand outs

1)   The Monthly (March 05) GrassRoots clippings was provided as exhibit 8

ORDER OF BUSINESS NO. 9 –  Old Business

1)   A Twp cell phone policy was discussed. 

a)   The clerk reported that he learned in the “Ohio Twp Winter conf” attended in Feb 05 that per the State Auditor -- all ORC governed entities must have such a policy.  This was noted in the Feb. trustees session. 

i)      The clerk is writing a draft policy.  This document remains in progress….

b)   The issue of naming in memoriam the Twp Maintenance building – remains on the agenda as the sign is yet to be placed on the building. 

i)    Per past discussions - the Trustees requested the clerk to review past years’ minutes to determine if signage for the maintenance building was to be erected

(1)            The clerk stated he found minutes dated 10-29-02 indicating that Trustees Wiseman, Bakle and Layne voted to name the maintenance building in memoriam for:

(a)      John Webb & Catherine Hofer

(b)      Said building to be named “webb-hofer” signs were to have been ordered and placed on or before the building.

(c)      Mr. Layne noted that the sign was at the building and this item could be removed from the agenda.

ORDER OF BUSINESS NO. 10- New Business:

1)   The clerk provided the following notices received in his office for this session

a)   Notice from Ohio Department of Commerce – division of liquor control

i)    All current licensee’s must renew their permits. 

ii)      This results in permit fees for the twp

iii)   No action necessary by Trustees the notice was provided as exhibit 10-a

b)   Notice from State Representative Mike Gilb of the 76th House District requests local gov’t officials to contact Governor Taft to note their concerns with the proposed tax increases or cuts to local gov’t funding.  See exhibit 10-b

i)    10-b contains contact information

c)   Notice from the Joint Four County Solid Waste district – notes a 90% proposed tax increase on waste.  See exhibit 10-c

i)      Trustees were remained by the Clerk that this tax is unavoidable and will impact every citizen

ii)      Should the Trustees wish to comment they should contact their local state representatives & the Ohio Twp Association

d)   Notice from the developers’ of a senior subsidized housing project