Minutes
DEFIANCE
TOWNSHIP TRUSTEES
October
31st, 2006 MEETING
The Defiance
Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,
Ohio, on Tuesday October 31st,
2006 at 7:30 p.m. Following the Pledge of Allegiance the Chair instructed the clerk to
call 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.
Township employees
present were: John Diemer – 23361 Defiance-Paulding Co Line Rd,
James Schlegel (zoning inspector) – 220 Pinewood Ave., Mary Ankney 19133
Hammersmith rd, & Joe Kolb 16492 Cullen Rd.
Visitors present:
Mr. Charles Bakle Jr. – 1204 Wayne St., Ruth
Ann Schofield 15968 Campbell Rd, Donald
Bertke of 2323 Compbel Rd, Sidney, Ohio,
Nancy & David Bok 19518 US 24, & 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 asked if there were any corrections or deletions.
There being none offered, Mr. Layne
requested a motion for the approval of minutes from the September 26th,
2006 session.
MOTION: Dan
Peck
SECOND: Richard
Ankney
YEA(s) 3
NAY(s) 0
Passed
X
Failed
The MINUTES were
approved as amended for the September 26th,
2006 meeting.
ORDER OF BUSINESS
NO. 2 - citizens concerns
a)
There were none.
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
$497,559.53 as of September 30th, 2006….. balance is minus the outstanding checks.
i)
The balance was $68,554.28 more than the previous month’s balance.
b)
Receipt & Payment reports
i)
Receipts for September were $21,420.49.
Bills for September totaled $35,821.66.
c)
The Cash fund summary through September 30th, 2006,
showed an “ending cash balance” of $483,158.36.
d)
The unencumbered cash balance “cash available” was $394,295.60 which is the
balance after encumbrances are subtracted from the cash balance.
e)
Appropriation Status showed that through September 30th,
32% 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 September 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 reported that the Zoning Bd of Appeals met on September 26th,
2006 – (exhibit 4-b mins of session
were distributed).
i)
The Appeals Bd approved “conditional use” permits for home construction for
John Bok, on Ashwood Rd & for George Schroeder on Powers Rd.
ii)
There was no further discussion or questions by the Trustees.
b)
Mr. Layne noted that he was contacted
by Mrs. Nancy Bok of 19518 US 24
– Defiance Twp.
Mrs. Bok raised a concern and filed a “citizens complaint form” alleging that
the Zoning Inspector failed to properly execute his duties in his job performance relative
to the recent zoning request of a John Bok. The
complaint form and a letter of explanation were distributed as exhibit 4-b (letter of
complaint).
i)
Mrs. Bok’s issue centered on her belief that:
(1)
The zoning inspector did not return her phone call so that she could more clearly
define her concern; &
(2)
The zoning inspector called the person (Jennifer & John Bok- Ashwood Rd)
informing them of her call, thusly causing several phone calls to be made by that person
to her.
(3)
Nancy Bok stated she had asked for anonymity when she raised her concern.
ii)
The Trustees noted that when a complaint is made – by law – the complaint is
public record. They can not provide
anonymity.
iii)
Jim Schlegel – zoning inspector noted that when he received the message of Nancy
Bok’s concern via his wife; he called John Bok to determine if there was a relationship
between them to determine what he was getting into.
iv)
The Trustees having heard the issue ended the discussion and took no action.
c)
Zoning Board & Commission – training
i)
The clerk reported
that:- as noted in the minutes of the July
Trustees meeting; Mrs. Schofield contacted
Maumee Valley Planning’s Lisa Karcher in June 06 and suggested a training session be
held for Def Twp Zoning Bd of Commission, Appeals, Zoning Inspector & Trustees.
ii)
Trustees instructed the
clerk to schedule this session.
iii)
In October prior to
this session Tjh was informed by Trustee Ankney that the “County Twp Association” is
coordinating a County wide training session with Maumee Valley Planning and the Co
Engineer.
(1)
The Def Co training
will be part of that process.
iv)
Tjh asked if this item
should be remove from future agendas & the Trustees concurred.
d)
Monthly report - Inspector’s Report
- Mr. Jim
Schlegel
i)
October 2006
(1)
Riggenbach Bowman Rd New Home Permit Issued
(2)
Metz Bowman Rd New Home Permit Issued
(3)
Merriman Bowman Rd Home Addition Permit Issued Late Fee Paid
(4)
Vukadinovich Karnes Rd Out Bldg Permit Issued
(5)
10-4-06 Received Written Complaint from neighbors of Lange fire damaged home.
Complaints of debris blowing in their yards & ponds. Mrs Lange advised this home will
be demolished Mon 10-9 or Tue 10th Structure was demolished & removed,
property leveled, looks nice.
(6)
I have been working with Lamars Outdoor advertising (Billboard) on US 24 West, and
Toledo Edison. Numerous phone conversations because TE wants a electrical inspection, I
have told them numerous times I am not a electrical inspector and the township does not
have one.
(7)
10-26-06 Received Written Complaint From Judy Sholl Ohio State Highway Patrol Exam
Station. They will be moving to 999 Procom Dr. She advised the neighboring sign (Eric's
All American Ice Cream Factory, Baltimore Rd) is obstructing traffic. I contacted
owner Eric Gerber, this is a portable sign and he will move it.
He plans on a new sign in the spring. He was sent sign regs with a new sign permit
application. Russ Herman advised to work w/ Mr Gerber by the rules of current sign regs.
End of report.
ORDER OF BUSINESS
NO. 5 - Equipment
a)
Mr. Layne asked for comments or
concerns from Twp employees on current or proposed new eq.
i)
Township employee – John Diemer asked about the progress to acquire a license
plate for the recently purchased (early summer) Township trailer.
(1)
TJH noted he was still in the process of acquiring an application form which he
intends to fill out and submit to ODOT asap.
b)
The clerk also noted that as instructed by the Trustees in the Sept 06 session Tjh
ordered the copier from JBS. Delivery is
expected in the first week of Nov. Per
instructions a service contract will be entered into.
Cost of the copier was $4,200.
ORDER OF BUSINESS
NO. 6 - Trustee
Report – Monthly Twp Rd inspection
a)
Trustee Report for the month of Oct was provided by Trustee Layne & is listed
as exhibit 6-a in the meeting file.
i)
Mr. Layne verbally reported that he observed that the standard work is required to
maintain roads and should be done by our road crews (berming, checks for standing water
and road deterioration).
ii)
Trustee Ankney… has the inspection assignment for November.
b)
Sales presentation
i)
Don Bertke of Asphalt systems Inc – 2323 Compbel Rd Sidney,
Ohio..presented an;
(1)
Asphalt preservation material review. A
sales flyer was provided to Trustees as exhibit 6-b
(2)
Mr. Bertke noted that 1 mile of
preservative costs approx $6,101 but will be good for 3 to 5 years.
c)
Up-date on existing road projects
i)
Kiser Rd project depending on available capital maybe assigned 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 $145,000 available based on receipts vs
anticipated expenses for remainder of 06)
(b)
Tjh has contacted the Engineer’s office to acquire an informal new cost estimate
as directed by the Trustees in Sept’s session. The
cost estimate is requested based on the recent reduction in oil prices.
ii)
Indian Bridge Lane
(1)
The clerk reminded the
Trustees to review the agendas of April through Sept for project details
(2)
The Project work is
complete except for seeding.
(3)
per Trustees directions
in the August 06 session the clerk has awarded the seeding bid to Muntz landscaping of
Holgate, Ohio, the bid amount was $1870.
(a)
Muntz was contacted by
the clerk in Oct. Mr. Muntz stated that
weather and ground conditions have not allowed for the seeding as of this session.
He thinks that the seeding may have to take place in the spring of 07.
(b)
Tjh will continue to
monitor.
d)
New road projects/issues
i)
Trustees noted that residents living on Singer rd are complaining that the road is
being destroyed by truck traffic.
(1)
Trustees will contact the County Engineer to determine if load limits or “no
truck” signage can be erected.
ii)
Trustees also noted that Kiser road needed to be re-bermed in places and instructed
the road crew to address this issue.
ORDER OF BUSINESS
NO. 7 -
Personnel
a)
Downes Hurst &
Fischel law firm of Columbus, Ohio, continue to work on personnel matters regarding
the possible overpayment by the Twp to OPERS for benefits for Twp employee Mary Ankney. There were no comments regarding this issue.
ORDER OF BUSINESS
NO. 8 – Hand
outs
a)
Monthly (October 06) GrassRoots clippings – exhibit 8-a was distributed.
ORDER OF BUSINESS NO. 9 – Old
Business
a)
The chair asked if there was any old business to come before the Board?
i)
There was none.
ORDER OF BUSINESS NO. 10 – New
Business.
a)
Trustees then discussed the Renewal of Twp fire levy. – see exhibit 10-1 provided
from the County auditor’s office which notes that the first eligible ballot time is Nov
07
i)
The chair asked for comments.
(1)
Mr. Peck asked for a review of the
number of times a fire run occurred per month in the Twp precincts being served by the
contract. The clerk will gather the data for review in the November meeting.
(2)
The Trustees are in general agreement that the levy should be placed on the ballot
for renewal at the first available date as the funds are necessary to provide the service.
(3)
Without the levy the Twp general fund would have to pay this expense and as was
determined when the levy was first requested the general fund can not sustain the expense
of both fire protection and its other required standard services.
b)
The clerk then noted that a 2nd request for annexation to the city of
Defiance was being made by “Sanford Trucking”. This
request was dated 10-26-06 and presented as exhibit 10-b
i)
In discussion –
Trustees noted that the island issue of the earlier request this summer (which was
rejected by the Trustees) seems to have been addressed.
The annexation request now before the Trustees is reduced to 7 more or less acres.
Trustees noted they have reviewed the information with both the county
commissioners and the County Engineer and find no cause to oppose the petition.
Mr.
Layne asked for a resolution to approve the annexation request.
The following resolution was voted and is on file in the Township offices.
DATE: TUESDAY, OCTOBER 31,
2006
The Defiance Township Board of Trustees, County of Defiance,
State of Ohio, met in regular session on Tuesday the 31ST day of October,
2006, in the VFW Post 3360 Conference Room with the following members present:
Robert
H. Layne: x
Richard
R. Ankney: x
Daniel
J. Peck: x
_
Mr. Daniel
Peck moved the adoption of the following
Resolution:
WHEREAS, the Defiance Township Trustees received an Expedited Type 2
Petition for Annexation from Stanley J. Yoder, Agent for the Petitioners Sanford Trucking;
and
WHEREAS, the petition request was received on or about October 27th,
2006; and
WHEREAS, the property is described as:
being part of the Northeast Quarter (1/4), Section Number 29, Town 4 North, Range 4
East, Defiance Township, Defiance County, State of Ohio; and
WHEREAS, this annexation request is a Petition for Annexation Special
Procedure (ORC 709.021 & 709.023), and shall not, at any time, be excluded from the
township; the annexed area remains subject to all applicable township real property taxes
as provided for in the above noted ORC; and
WHEREAS, as of this date, the City of Defiance having passed ordinance
No. 5755 approving the annexation petition and noting that the City will provide services
and accept responsibility for sewer, water and highway maintenance; and
WHEREAS, the Defiance Township Trustees believe that the proposed
annexation conforms with all legal requirements:
THEREFORE,
BE IT RESOLVED, that
the Defiance Township Trustees hereby APPROVE the annexation request of
Sanford Trucking for a parcel of land, approximately 12.794 acres, currently located in
Defiance Township, to the City of Defiance, Defiance County, Ohio.
THEREFORE, BE IT FURTHER RESOLVED,
that it is found and determined that all formal actions of this Board concerning and
relating to the adoption of this Resolution were so adopted in an open meeting of this
Board and that all deliberations of this Board and any of it’s committees that resulted
in such formal action were in meetings open to the public in compliance with all legal
requirements, including Section 121.22 of the Ohio Revised Code.
Mr. Richard Ankney seconded the above Resolution and the roll being called upon the
question of its adoption, the vote resulted as follows:
Daniel J.
Peck
, __Yea__
CERTIFICATE
The
undersigned, Clerk for the Defiance Township Trustees does hereby certify that the
foregoing is a true and correct copy of a Resolution adopted by that Board on October 31st,
2006, and appearing upon the official records of said Board.
ATTEST
,
CLERK
Resolution #2006-11-
c)
The chair asked if
there was any other new business? – there was none.
12)
NEXT MEETING:
Time:
7:30 p.m.
Place:
VFW Post 3360 – 221 North Clinton Street - Defiance,
Ohio
Mr. Layne requests a
motion to adjourn this meeting of October 31st,
2006
MOTION:
Richard Ankney
SECOND:
Dan Peck
YEA(s) 3
NAY(s) 0
Passed
X
Failed
The motion passed.
Respectfully
Submitted
Timothy J. Houck,
Fiscal Officer/Clerk