Minutes

DEFIANCE TOWNSHIP TRUSTEES

September 20^th,  2005 MONTHLY MEETING

The Defiance Township Trustees met in regular session at VFW Post 3360 in Defiance Township, Defiance,  Ohio,  on Tuesday September 20^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 Township employees.   Other(s) present were:  Lynn Keller, Rodell Behlke, Bruce Hahn & Ruth Ann Schofield all members of the twp zoning commission.  JoEllen Houck of 8 Deville Drive,  Defiance,  Ohio, Penny Bakle of 1204 Wayne Ave, Defiance, Ohio,  & Steve Chandler 22861 Bowman 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 August 30^th,  2005,  session. 

MOTION:   W.  Tom Wiseman

             SECOND:  Charles Bakle                                                            

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

The MINUTES of the August 30^th,  2005,  session were approved. 

ORDER OF BUSINESS NO. 2  -  citizens concerns

1)   Steve Chandler 22861 Bowman Rd, Defiance, Oh,  asked for relief from the Twp late fee for work he was doing on his drive way.  He argued that he had only poured the concrete when he was approached by the Twp Zoning Inspector to acquire a “permit”.  During the issuing of the permit, the zoning inspector informed Mr. Chandler that he was in violation of the Twp Zoning code for failing to acquire a permit before starting construction.  The Zoning inspector then issued a late fee charge.  Mr. Chandler stated that he does not believe he was in violation as only the cement had been poured and he checked with other contractors who he said concurred with him.  Trustees said they would take the issue under advisement and contact Mr. Chandler following the meeting after they have made a decision on the late fee issue.  Mr.  Layne noted that they were to debate the Twp Zoning fee schedule at a later point on this agenda.  Mr.  Chandler said he is willing to pay the permit but will not pay the late fee.  He then left the meeting.

ORDER OF BUSINESS NO. 3  -  FINANCES –

The following financial reports provided to the Board were reviewed.

a)   The August monthly Reconciliation – noted a reconciliation balance of $316,541.74 as of August 31^st,  2005..  balance is minus the outstanding checks. 

i)     The balance was $61,577.95 more than the previous month’s balance. 

b)   Receipt & Payment reports

i)     Receipts for September were $15,240.93.  Bills for September totaled $5,595.31. 

c)   The Cash fund summary through September 30^th,  2005,  showed an “ending cash balance” of $326,187.36. 

d)   The unencumbered cash balance “cash available” was $284,958.54 which is the balance after encumbrances are subtracted from the cash balance. 

e)            Appropriation Status showed that through September 20^th,   35% 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 September 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)   Status update on the following zoning Issues as of this session: 

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

(1)            The Zoning commission held its 2^nd public hearing 6:30 p.m. 9-20-05

(2)            The Commission recommends that the Zoning Map as amended be approved. 

(a)      The change made to the map at the recommendation of the Zoning Inspector and with the concurrence of the Zoning Commission was to re-designate the areas on the map originally designated as “conditional use” to “residential –r-1. 

(b)      Zoning Commission Chairman Lynn Keller recommended adoption.

Chairman Layne requested a motion to adopt “Resolution 2005-14”  Adoption of Twp Zoning Map amended in 2005.  (agenda resolution number was a typo)   

MOTION:    Charles Bakle                                                      

             SECOND:     W. Tom Wiseman  

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

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

(1) Zoning commission held  2^nd public hearing 6:30 p.m. 9-20-05

(2)            Zoning Commission Chairman Lynn Keller recommended adoption by the Trustees and noted that one amendment to the map was made during the hearing. 

(a)      The amendment was to re-designate a portion of the “prime commercial ground” to “industrial”

(b)      The area changed was from US24 on the north to the railroad tracks which run diagonally through this section.

Chairman Layne requests a motion to adopt “Resolution 2005-13”  Adoption of Twp Land Use Map created in 2005.     (agenda resolution number was a typo)    

MOTION:    Charles Bakle                                                      

             SECOND:     W. Tom Wiseman  

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

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

(1) Zoning commission held 2^nd public hearing 6:30 p.m. 9-20-05

(2)            Zoning Commission Chairman Lynn Keller stated that the rules as reviewed did not receive a final concurrence from the Zoning Commission.  Several proposed language changes were reviewed and the Commission instructed the Zoning Inspector to submit these to the Prosecutor’s office for review and desired to have the language approved in writing by the Prosecutor.  Mr.  Keller said this should be available for review and approval in a public hearing to be held at 7:00 p.m. on Oct 25^th at the VFW in Defiance, just prior to the Twp Trustees regular monthly meeting.

(a)      Keller also noted that the Zoning commission plan to recommend the re-adoption of the 1996 amendments to the Plan.

(3)            Trustees await the recommendation of the Zoning Commission from its planned Oct 25^th public hearing.  

iv)      Review and revise if necessary Twp Zoning fee structure.  This was provided to the Trustees as exhibit 4-iv

(1) Chairman Layne proposed to remove the late fee from the schedule.

(a)      The Trustees then agreed to the following fee schedule change relative to “late fees”

(i)            When issued notice that a permit fee is past due, citizens will be given a 72 hour grace period to pay the permit fee.  Upon failure to remit payment within 72 hours, permit fee is doubled.  Failing to pay the doubled fee payment  immediately upon demand by the Zoning Inspector; per the Twp Zoning Rules under section 350, the Zoning Inspector will issue a citation to court of jurisdiction.  

Chairman Layne requests a motion to adopt “Resolution 2005-16”  Adoption of Twp Fee schedule amended in 2005.     

MOTION:    Charles Bakle                                                      

             SECOND:     W. Tom Wiseman  

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

(2)            Chairman Layne recognized Zoning Inspector Schlegel.  Schlegel suggested that with the above change relative to “late fees” that it would be prudent to refund all late fees that were collected under his authority as Zoning Inspector.

(a)      Trustee Wiseman concurred as did Trustee Bakle.

Chairman Layne asked if there was a request for a motion to refund all late fees collected by Zoning Inspector Schlegel.       

MOTION:    Charles Bakle                                                      

             SECOND:     W. Tom Wiseman  

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

v)      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 second time in the April session.  This is a continuing item until the items 3-i through 3- iv of this agenda are completed.

(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

vi)      Current members of the Zoning Commission are:

ZONING COMMISSION

vii)      The Trustee will address this issue after the Twp Rules on Zoning have been re-adopted so as not to interfere with the current review of the Twp Zoning Rules.

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

i)      September 2005

(1)            Contacted Jim Philips ref possible business activities going on at his
property on Ginter Rd. He advised there are no business activity at that
location just his kids and their friends with pickup trucks.

(2)            Mr. Bok's report of sign @ Krouse & US 24 - Mr. Larry Plummer Permit issued

(3)            Rod Rittenhouse wants to put in a Commercial Park on Baltimore Rd.. He
wants to erect a 10,500 sq. ft building at 1920 Baltimore Rd which is in
the township. This will be Local Business. His structure placement meets
requirements for LOCAL BUSSINESS

(4)            Met With Russ Herman ref revising our Zoning regs. He was very
informative.

(5)            Issues a zoning Permit for accessory building to Steve Chandler Bowman.
The floor has already been poured. He refused to pay $100 late fee.
Advised he will contact Tom Wiseman as Dave Branson advised him we
couldn't charge a late fee because this building has no footer. He
advised that other contractors told him that I am difficult to work with
because I go by the book. Permit fee only received.

(6)            Issued a zoning permit to Tom McMillen Campbell Rd for an addition to his
barn.

(7)            Issued a Commercial Permit to Bryan Utilities @ the Power Dam.

(8)            Received survey for 19 acres for Annette Manson she is ready to go, S & W
approved.

ii)      Jason Rohlf Harding Rd wants to build a new home. He will go to zoning
board of appeals for a variance to leave current structure there.

ORDER OF BUSINESS NO. 5 --  Equipment;   

a)            equipment issues were reviewed. 

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

(1)            unit was purchased for $5,400

(2)            the clerk reported that he had contact Kalida Truck and was informed that the unit would be delivered to the Twp by Friday 30^th. 

ii)      The clerk also noted that the Twp is to have its computer system updated this year.

(1)            The hardware will arriver per UAN in late Oct or early Nov.

(2)            A technical support company will need to be employed to set the system up and clone the current system 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)            September  - Rd review by Trustee Wiseman

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

ii)      Trustee Layne will conduct the inspection in October 

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

i)      Berming Kiser Rd – awaits bermer unit delievery

ii)      Patch Winn Rd. – no work yet on this project.

iii)      Cemetery closing signs…provided to Twp staff at this session and will be placed at all three Twp cemeteries.

iv)  Tile on Hammersmith rd near Glick property – project completed.

v)      Crew to wrk on Indian Bridge lane – drainage problem –

(1)            This project was funded by the Twp under a CDBG grant from the County.  The project engineer was the County engineer’s Office.  Mr.  Wiseman noted he contacted the engineer and was told to contact the Commissioners as they were technically in charge of the CDBG projects.  .

(2)            W tom Wiseman stated he contacted the County Commissioners and was informed by Commissioner Nicely to have the complaintants contact Mr. Nicely.

c)   New road projects..

i)      Trustees noted that the Bowman road bridge project is being worked on by the County Engineer’s.

(1)            The Twp is responsible for the costs of the approaches to the bridge and funding for this will be posted to the 2005 Issue 2 grant and if necessary to the Twp road lines. 

ii)   A tree removal for safety purpose near the Tuttle cemetery was discussed.  It was noted that the Tree is on US 24 and the State Hwy Garage is to be contacted as this is their responsibility.

ORDER OF BUSINESS NO. 7  - Personnel   

a)            unemployment compensation – employee reimbursement to Twp

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

ii)   The Clerk has submitted to the prosecutor’s office a draft policy  -# 005 dated 8-4-05

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

(2) Pervious verbal discussion with the prosecutor suggests that the policy may not be lawful…

(3) The twp awaits an opinion from the Prosecutor’s office

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

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

ORDER OF BUSINESS NO. 9 Old Business

a)            Trustees again reviewed information provided from Washington Twp that recent legislation allows Twp to charge for cost of rescue runs in the Twp.  This charge can be in addition to the revenues generated by the fire levy which generates funds to provide for such service.  This was presented to the Trustees previously in the Aug 05 session as exhibit 10-b – 

i)    Mr.  Wiseman said that as our fire levy passed by only eight votes the Twp should adopt this fee to maintain funds for this service.

ii)   It was noted that the fee can only be for the cost of the run  and per the Twp contract with the City Fire Department that cost is $30 per person served per run. 

(1)            Noted also was the fact that a collection agency would need to be hired to collect the fees and the past experience of the Twp is that the Collection agency takes 50% of the collections as their fee.  The Twp would realize $15 per person per run.

iii)      Trustees decided to revisit the issue at their next session.

b)            Nuisance – weed control

i)      From the August 05 session – Twp ordered crew to mow high weeds at 13976 St Rte 15

ii)      This is the former Larry’s Auto business now owned by Brown’s Bakery holding company  “Interstate Brands Corp – 12 East Armour Blvd. Kansas City Mo.  64111

iii)   Mr.  Schlegel reported in August he had been in contact with Dave Graham of Brown’s Bakery who approved the Twp crew to mow the nuisance and place costs on the property tax.  The mowing took place in late August. 

iv)      The clerk prepared the letter to the County Auditor asking that the costs be placed on the property tax.  This letter was provided to the Trustees in this session as exhibit # 9-b – Trustees signed the letter and instructed the Clerk to deliver it to the County Auditor.

ORDER OF BUSINESS NO. 10 –  New Business:

a)    The Trustees reviewed a letter from Defiance, Fulton, Paulding, Williams Joint four county solid waste management District (SWD)

i)      The letter requests the Twp to nominate a Trustee from any Defiance County Twp to serve as the representative from the Defiance County Twps on the SWD’s Def Co segment of the District’s Policy committee – the letter was noted as exhibit 10-a in the agenda.

Chairman Layne requests a motion to name  Rick Hall of Tiffin Twp as the Twp’s candidate for election to the Defiance County segment of the SWD’s policy committee. 

MOTION:    Charles Bakle                                                      

             SECOND:     W. Tom Wiseman  

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

b)   The County engineer’s Office sent a letter to the Trustees requesting  a Twp Trustee(s) be assigned as the emergency contact person(s) for Defiance Twp.  The Engineer’s request letter was noted as – exhibit 10-b on the agenda.

i)      Trustees signed the letter listing in order their preference of contact.  The Clerk was directed to return the letter to the County Engineer’s Office.  Copies of the letter will be provided the Trustees for their files.

c)   Mr.  Schlegel – Twp Zoning Inspector as for time to discuss the proposed Twp Web site.

i)      Schlegel proposes to have  Mrs.  Christine Ankney  hired as the Twp web master.  Mrs.  Ankney serves various other businesses & gov’t entities in this capacity.  The charge is $15 per hour. 

ii)   Mr.  Jeff Ankney also assists in this effort.  Mr.  Ankney noted that they would put the Twp site on the County web site.  

iii)      Trustees asked that Mrs.  Ankney make a presentation of services to be provided at the Oct Twp session.

iv)      Schlegel’s intent it to get the recently passed zoning maps on the site along with other pertinent zoning matters.

11)       NEXT MEETING:

Date:               Tuesday October 25^th,  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 September 20^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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