Minutes

DEFIANCE TOWNSHIP TRUSTEES

October 25^th,  2005 MONTHLY MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday October 25^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:  Lynn Keller, Rodell Behlke, Neal Detter,  & Ruth Ann Schofield all members of the twp zoning commission.  Roy Perez – chairman Twp Zoning Board of Appeals, JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio, Penny Bakle of 1204 Wayne Ave, Defiance, Ohio,  Robert Schofield 15968 Campbell Rd,  Dan Peck 505 Wayne St,  Keith & Missy Arnett 21488 Parkview Dr,  &  Christine Ankney 3325 Mulligans Bluff Rd,  Defiance, Oh.

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 September 20^th,  2005,  session. 

MOTION:   Charles Bakle

             SECOND:  W.  Tom Wiseman                                                          

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

The MINUTES of the September 20^th,  2005,  session were approved. 

ORDER OF BUSINESS NO. 2 -  citizens concerns

1)   Keith & Missy Arnett 21488 Parkview Dr  were recognized by the Chair.  Mr.  & Mrs. Arnett asked that the road on which they live remain designated as Parkview Drive.  The road name sign has recently been changed to denote the name as it appears on the housing division plat.  That name is “Schroeder”  road.  Arnett’s contend this name change will cause a hardship via mail and other deliveries, change of addresses to checks etc.

The Trustees said they would contact the County Commissioners and the County Engineer.  First, the name change was not done under the auspices of the Trustees.  This was done by the Co. Engineer’s Office.  Second, only the County Commissioners have the authority to name roads.  The Trustees invited the Arnett’s to contact the Commissioners as well.  The Trustees will review the situation with the Commissioners and so inform the Arnett’s of the Commissioners position.

ORDER OF BUSINESS NO. 3  -  FINANCES – 

The following financial reports provided to the Board were reviewed.

a)   The September monthly Reconciliation – noted a reconciliation balance of $326,404.45 as of September 30,  2005.. balance is minus the outstanding checks. 

i)     The balance was $9,862.71 more than the previous month’s balance. 

b)   Receipt & Payment reports

i)     Receipts for October were $18,158.95.  Bills for October totaled $29,018.68. 

c)   The Cash fund summary through October 31^st,  2005,  showed an “ending cash balance” of $315,544.72. 

d)   The unencumbered cash balance “cash available” was $294,501.69 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through October 31^st,  41% of the years’ appropriations had been expended.  The budget is in line with the goals set by the Trustees to put aside a cash reserve to be applied to the 2^nd half of the Kiser Road re-build project which is scheduled tentatively for the 2007 construction season.  All reports will be on file in the Clerks office.

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

g)   Payroll for October 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. 

ORDER OF BUSINESS NO. 4 Township Zoning 

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

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

ii)     The Clerk stated that the Township Zoning Commission held its 3^rd public hearing just prior to the Twp meeting at 7:00 p.m. 10-25-05

(1) Mr.  Keller, the Twp Zoning Commission Chair, was recognized.  Mr.  Keller stated that the Commission having held three public sessions voted unanimously to recommend the adoption of the rules was proposed amendments.  Further, the proposed language change by the Zoning Inspector had been reviewed by the prosecutor’s office.  The  Prosecutor’s office did not find any issues with the proposed language changes. 

(2) The amendments to the Blue Zoning rule book were provided to the Trustees as part of the “rule book” as separate addendums.

(3) Trustee Layne raised a concern with article 2 of the Zoning Inspector’s proposed language change.  This article would establish a fee for all structures built on skids that were larger than 150 square feet.  The proposed item 2 language was tabled.

Chairman Layne requests a motion to adopt “Resolution 2005-15”  Adoption of Twp Zoning Rules and Regulations amended in 2005.     

MOTION:     Mr.  Bakle                                                   

SECOND:    Mr.  Wiseman                                                      

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

The Clerk was directed to have 25 to 30 copies of the Rules printed in booklet format and to distribute to Twp Zoning Commission,  Appeals Bd,  Zoning Inspector & Trustees.

b)   Trustees then were provided with a copy of the Twp Zoning fee schedule.  This was listed in the agenda as – exhibit 4-b. 

c)   Trustees than discussed changing the 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. 

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

(2) Per a review by the Prosecutor’s Office it has been noted that 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) Mr.  Layne asked if there were any comments relative to the proposed change.

(a)      Mr.  Keller,  Chair of the Zoning Commission, noted that he at first thought it might be good to move only several of the members of each group to the other group.  Then upon reflection said that his current group “Zoning Commission”  works well together.

(b)      There being no other comments offered, Chairman Layne requested a motion to appoint the current members of the Zoning Board of Appeals to the Twp Zoning Commission with terms to be completed as currently designated;  for an appointment period of service per the pleasure of the Trustees.     

(i)              Current “Appeals Board” members are:

ZONING BOARD OF APPLEALS to serve as Zoning Commission.

*  denotes term beginning January 11, 2005

MOTION:     Mr.  Bakle                                                   

             SECOND:    Mr.  Wiseman                                                     

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

Chairman Layne then requested a motion to appoint the current members of the Zoning Commission to the Twp “Zoning Board of Appeals” with terms to be completed as currently designated for an appointment period of service per the pleasure of the Trustees.     

ii)  Current members of the Zoning Commission are:

ZONING COMMISSION to serve as Board of Appeals

MOTION:        Mr.  Wiseman                                                

             SECOND:     Mr.  Bakle     

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

d)     Continuing with Zoning issues,  the clerk was recognized and noted that the Trustees need to rescind a Twp Resolution “Resolution to Adopt the Provisions for application for license as masseur or masseuse; contents and expiration of licenses as presented in the ORC #503.45 adopted in Trustees session 7-30-2002.

i)    The Twp had attempted to implement its authority under this resolution relative to the collection of fees as allowed by this section on a Massage business approved to operated in Defiance Twp by the Zoning Commission and the Trustees in Sept 04.  This business is owned and operated by a Ms. Jennifer Gieger.  She practices medical massage under a license issued by the State of Ohio.  The Prosecutor’s Office had informed the Twp that the authorizing resolution was not properly adopted and could not be enforced.   The  “Resolution” passed in June 2002 must be rescinded.  The resolution was provided as exhibit 4-d on the agenda and will be an attachment to these minutes.

Chairman Layne requests a motion to rescind said Resolution attached as exhibit 4-d.

MOTION:         Mr.  Wiseman                                                  

SECOND:        Mr. Layne                                                  

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

The resolution was rescinded.

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

i)      October 2005

(1)            Site Review Kiser Rd Herrera Permit issued for out building

(2)            Site Review Parkview Dr Klinger Permit issued for addition to garage

(3)            Met with Mark Rau Parkview Dr questioned camper storage in neighborhood

(4)            Site review Bowman Rd Garage Shock permit issued

(5)            Site review Def Paulding Co Line Garage Keller permit issued.

(6)            Site Review Don Brown Kiser Rd Permit for new Home & ½ Acre pond permits
issued

(7)            Numerous calls requesting Zoning Specs for US 24 Widening Project
Indian Bridge Lane Neighbors cats bringing rats & mice in from adjoining
field to neighbors home........

(a)      Cats r not regulated as r dogs.....Still another site review to
investigate..

ii)      End report.

ORDER OF BUSINESS NO. 5 --  Equipment;   

a)            equipment issues were reviewed. 

i)      The berm re-claimer which was ordered from Kalida Truck per direction of the Trustees in the april session arrived last week.

(1)            unit was purchased for $5,400

(2)            Dick Ankney reported that the unit is not working properly.

(a)      The disks do not cut or pull the stone to the road as it is designed to do.  It leaves a gap. 

(b)      The Trustees instructed Dick to contact the manufacturer…Pro-cut located in Van Wert,  Ohio.  The company contact is a Bill Miller.

ii)      The clerk was recognized by the Chair.  The clerk reported that the Twp is to have its computer system updated this year.

(1)            The hardware will arrive,  per UAN, by the end of Oct or early Nov.

(2)            A technical support company will need to be employed to set the system up and clone the current system’s hard drive data onto the new system.

(3)            Cost is unknown at this time.  Clerk will coordinate the support.

ORDER OF BUSINESS NO. 6 -  Trustee Report – Monthly Twp Rd inspection

a)            October - Rd review by Trustee Layne

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

ii)   Mr. Layne’s report will be attached to these minutes.  It notes a need to re-claim berm on most Twp roads.

iii)      Trustee Bakle will conduct the inspection in November 

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

i)      Berming Kiser Rd –

(1)            Dick Ankney reports this will be delayed until the berm re-claimer is working properly.

ii)      Patch Winn Rd.

(1)            Twp crew is to apply some cold patch as necessary

iii)      Trustees noted that there are two areas on Bowman road in need of patching

(1)            Both are a quarter mile either side of the intersection of Bowman and Krouse roads.

iv)      Patching was noted as necessary on Hammersmith rd near Krouse intersection.

ORDER OF BUSINESS NO. 7  - Personnel   

a)            Trustees discussed the  “proposed policy”  to require twp employees to reimburse the Twp for unemployment compensation paid by the Twp to a Twp employee who is or was working for another employer while continuing to work for the Twp.   

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

ii)      The Clerk as directed by the Trustees had submitted to the prosecutor’s office a draft policy  -# 005 dated 8-4-05

(1)            This draft policy was provided to trustees as exhibit  7-b in the aug 05 session

(2)            The prosecutor’s office responded in a letter dated October 25.  Said letter is on file in the Oct meeting file. 

(3)            The letter states that the Twp does not have the authority to adopt such a policy.

(4)            The issue is to be removed from the agenda.

b)   Twp clerk reported that he has been notified by email of required training for GASB 34 year end close out of accounts.

i)    Def Twp clerk is scheduled for training in Columbus at the UAN conference Center on 11-30-05 – exhibit 7-b – the notice of training was provided to the Trustees.

Mr.  Bakle moved to approve travel and associated expenses for the Training.

Mr.  Wiseman seconded.

The Chair asked the clerk to call the roll.

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

The clerk is authorized to attend the Training as scheduled on Nov 30^th,  in Columbus,  Ohio.

ORDER OF BUSINESS NO. 8 – Hand outs were distributed as noted below:

a)   The Monthly (October 05) GrassRoots clippings newsletter was provided as exhibit 8-a

ORDER OF BUSINESS NO. 9 Old Business 

a)            Trustees reviewed a communication from the Public Utilities Commission of Ohio (PUCO) relative to a railroad crossing on US 24 in Henry County.  This spring the Def Twp Trustees in response to a request for support from Rep Hoops sent a letter to PUCO supporting a change to bus stop rules for certain railroad crossings. 

i)      The notice from PUCO referred to another scheduled public hearing in the case… case # 05-738-rr-rcp

ii)      The proposed changed had been adopted/approved by Public Utilities Commission 8-10-05

iii)      Maumee & Western rr filed for a re-hearing 9-12-05.

iv)  Def twp received notice from PUCO that a re-hearing was granted – no date yet scheduled.

v)      The Clerk has the notice which will be on file in the Oct 05 Twp meeting file.

vi)  No action was taken by the Trustees

b)   2005 Issue II funds:

i)    An invoice noting the funds expended so far from the 05 issue II grant was reviewed by the Trustees

ii)      This was presented as exhibit 9-b in the agenda.

iii)   At year’s end the expended funds (although not actually received by the Twp) must be posted to the Twp accounts.  An Amended certificate will be necessary.

iv)  No action was required or taken by the Trustees.   

c)   Twp Web – site -  project was then discussed.  Mrs.  Christine Ankney was in attendance.  The Trustees requested a proposal for costs of maintenance and an explanation of how the web site would work in providing our citizens with data on Twp business.

i)      Mrs.  Ankney informed the Trustees that a Twp web page is in existence on the Defiance County web site.

ii)      She further provided printouts of the site as it currently exists

iii)   Her costs to maintain i.e. update and add items is as follows:

(1)            An up front cost of $250 for design revisions which include

(a)      Add zoning map

(b)      Add land use map

(c)      Add meeting minutes

(2)            There will be a $30 monthly maintenance fee

(a)      Is cost of adding mins each month

(b)      New items are billed at $15 per hour.

Mr.  Wiseman moved to approve the proposal as presented.

Mr.  Bakle seconded.

The Chair asked the clerk to call the roll.

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

The contract with Mrs. Ankney to be the Twp web master is approved. 

d)   Clean up work at the Cromley cemetery  was discussed.  Mr.  Layne had requested that a “Thank you” letter to troop 75 be prepared.  The letter was reviewed by the Trustees and signed.  

i)      The clerk was instructed to send the letter to the troop.  A copy will be on file in the Oct meeting file.

e)   Mr.  Layne asked if there was any other old business to discuss. 

i)      There was none. 

ORDER OF BUSINESS NO. 10 –  New Business:

a)    Mr.  Layne asked if any new business was to be brought before the Trustees.

i)        Trustees then discussed the possibility of continuing the Kiser Rd rebuilding project in 2006

(1)                The clerk noted that he could not assure the Trustees that sufficient funds are available to do the entire second mile.

(a)        Even if funds were sufficient the cost would drain almost all the road maintenance dollars leaving nothing for any other projects such as normal berming, patching etc.

(2)                Mr.  Bakle then suggest the possibility of doing just a half mile in 2006 and the remaining half mile in 2007.

(a)        Mr.  “Bakle noted that it might be possible that the 2007 project would be eligible for CDBG grant dollars.  The Trustees had recently completed an income survey of residents of Kiser rd and the data suggests this possibility.  The survey is to be turned in Maumee Valley Planning in Feb 06.

(3)                Trustees will continue to monitor the Twp finances and continue the discussion of this project.

ii)     Mr.  Bakle proposed that the Trustees endorse the passage of State Issue 1 which is on the Ballot November 8^th.

(1)            State issue 1 is a continuation the state borrowing  program known as issue 2.  The Nov 8th,  issue 1 will combine a $1.35 billion, 10-year renewal of the "Issue 2" local infrastructure program for road, bridge and water projects with $500 million for the high-tech Third Frontier initiative and $150 million for "shovel-ready" industrial sites.

Chairman Layne requests a motion to endorse State Issue 1 on the November 8^th election. 

MOTION:    Charles Bakle                                                      

             SECOND:     W. Tom Wiseman  

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

11)       NEXT MEETING:

Date:               Tuesday November 29, 2005- regular session

            Time:               7:30 p.m.

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

MEETING ADJOURNED

Chairman Layne requests a motion to adjourn this meeting of October 25^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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