NELSONVILLE, Ohio — Nelsonville’s statutory city council convened at Hocking College Tuesday, Aug. 24 for a regular meeting, where it passed six ordinances to repeal measures adopted last month by the city’s charter council, which meets in city hall.
Each of the six repeal ordinances included language stating the opposing council’s measure “must be repealed immediately to avoid harm to the city.”
The legal status of Nelsonville’s two city councils remains in question after the Ohio Fourth District Court of Appeals declined to rule in favor of either council this summer. That case is currently being appealed in the Ohio Supreme Court.
In July, the statutory council repealed seven ordinances that had been passed by the opposing council.
The statutory council’s actions lack legal weight until a court decides otherwise. Council member Sue Powell on Tuesday reminded the council and meeting attendees that an Ohio Supreme Court ruling in their favor could change that.
Each of the six ordinances declared an emergency and suspended the rules, allowing for immediate adoption upon first reading. The ordinances cited O.R.C. 731.30, which makes reference to “emergency ordinances or measures necessary for the immediate preservation of the peace, health, or safety in [a] municipal corporation.”
All of the repeal ordinances open with the assertion that “Nelsonville Holdover City Council is not a legal city council which can transact business of the City.”
Statutory council ordinances repealing charter council measures
Ordinance 33-26 repeals the charter council’s Ordinance 52-26, which amended the city’s rules for continuous street parking to prohibit parking in one place for more than 72 hours. Ordinance 33-26 states that the charter council’s “amendments to the continuous parking rules are not in the best interests of the city.”
Ordinance 34-26 repeals the charter council’s Ordinance 53-26, which amended excessive noise and music rules. Ordinance 34-26 called the other council’s changes “vague and potentially unconstitutional.”
Ordinance 35-26 repeals the charter council’s Ordinance 65-26, which raised the salary of the City Treasurer from a rate of $350 per month to a salary of $16,000, calling it “fiscally irresponsible”.
Ordinance 36-26 repeals staffing changes adopted by the charter council (via its Ordinance 66-26). The ordinance describes the charter council’s staffing change decision as “fiscally irresponsible.”
Ordinance 37-26 addresses the appropriations that facilitated the implementation of charter council Ordinance 66-26 by repealing the charter council’s Ordinance 74-26, which appropriated $19,839.99 from Nelsonville’s general, water, and sewer funds to the city manager secretary and code enforcement benefit accounts.
Ordinance 38-26 repeals the charter council’s Ordinance 75-26, another appropriations amendment which appropriated $44,500 from the general fund to pay electric provider American Electric Power.
Ordinance 39-26, the final measure, aims to prevent the use of public funds to purchase a parcel located at 10 W. Washington St., which has been proposed as the location for a “pocket park” that would honor Nelsonville founder Samuel Nelson. The ordinance provides that “The Law Director of the Elected Nelsonville City Council is directed and authorized to take legal action for any violation of this ordinance.”
Additional concerns voiced
Following the readings of the ordinances, statutory council members expressed additional concerns.
Council member Powell, who said during the statutory council’s Aug. 9 meeting that she would not back a resolution supporting Nelsonville resident Lynn Garbo’s pocket park proposal, revisited the issue.
“If the city is going to do something like this, take away some of our square and put in this park, there should be a need,” Powell said. “Do we need it? What’s it going to do for our city?”
Powell urged the city to prioritize the funding and construction of a new swimming pool, which closed for the 2026 season due to structural concerns.
Council member Jessica Hollenbaugh said that, given a Nelsonville resident’s offer to donate $15,000 for the purchase of the parcel during charter council committee meetings last week, support for the project is worth consideration.
Hollenbaugh said there were grants available that could provide additional funding for the park, adding, “we don’t have to put the park together today.”
Council President Daniel Sherman encouraged the creation of a park, but said residents who want to see a park should take initiative. Once the property is in the city’s name, Sherman explained, development is complicated by the city’s bidding process.
“Go ahead and develop the property,” Sherman said. “Then, when it’s done, donate it to the city.”
Liquor license vote
At the start of the meeting, statutory council members heard Resolution 2375, which requests a hearing for a liquor license transfer.
The resolution explains that, although Nelsonville is out of available liquor licenses, an application has been filed to transfer license number 08929657, which is currently registered with Tiffany’s Banquet Center in Brookfield, Ohio, in “an attempt to increase the Nelsonville quota of liquor licenses.”
Ohio law states that a “destination municipality” reserves the right to hold a hearing when an application is filed for a liquor license to be transferred from one municipality to another. The resolution provides that statutory council clerk Greg Smith will forward a copy of the resolution to the Ohio Division of Liquor Control.
The motion passed, with council member Sue Powell abstaining, citing a conflict of interest.
The statutory council’s next meeting will be at 7 p.m. Monday, Sept. 21, at The Lodge at Hocking College, 15770 SR 691. It meets the first and third Mondays of the month.
The charter-based council meets every other Monday of each month, at Nelsonville City Council Chambers, 211 Lake Hope Drive. Its next regular meeting will be at 7 p.m. Monday, Sept. 14.
