NELSONVILLE, Ohio — During its Monday, Sept. 8 meeting, Nelsonville City Council voted to approve Nicholas Smith as city auditor, following Dakota Saul’s withdrawal from consideration.
The withdrawal came after the council approved Saul on Aug. 11 to train for the position as an assistant to Taylor Sappington, who, at the time, was city auditor. Saul was supposed to officially take over as auditor on Sept. 1 after Sappington became Athens County treasurer, but Smith has now taken over instead.
City Manager Fred Holmes appointed Smith to the position Sept. 1 following Saul’s withdrawal a few days prior, according to Nelsonville Law Director Jonathan Robe. Robe told the Independent he swore Smith into the position on the same day.
“I chose to step away, as my intention was to fill something where nobody else was willing to,” Saul said. “I think [Smith] is a much more qualified person.”
Holmes did not respond to the Independent’s attempts to get in touch to request Smith’s letter of interest and resume.
Smith and Andrea Thompson-Hashman are currently candidates for a statutory-based auditor position in the upcoming November general election. That position would begin on Jan. 1, 2026, only if Issue 23 is in effect.
The council repealed Issue 23 on Aug. 11. An Ohio Supreme Court case is currently ongoing in regards to the repeal of Issue 23.
If Issue 23 stays repealed, the current seat for auditor would expire on Nov. 30, 2027.
City updates
Reid Courtney, the chair of the city’s Ad-Hoc Advisory Commission, presented the council with the commission’s finalized transition plan, following the commission’s Sept. 4 meeting.
The citizen-led commission was created in January to advise the city on it’s change to a statutory-based government after voters overwhelmingly voted to abolish the Nelsonville City Charter via Issue 23 in November 2024.
According to the plan, the commission’s recommendations were “largely completed by the time that Nelsonville City Council adopted Ordinance 54-25 which repealed Issue 23.”
Courtney told the council that the current version of the transition plan remains “largely unchanged to the one that was shared with council on Aug. 11.”
The plan is split into two parts: one part has recommendations for the current charter-based council, and the other has recommendations for a statutory-based council.
“For me, it’s more of a risk mitigation plan,” Courtney said. “What are risks and how are those risks mitigated?”
Only one page of the plan outlines recommendations for the charter-based council. The majority of the document establishes necessary actions the statutory-based council would need to take in order to ensure the city continues to function.
Some of those recommendations include reauthorizing the Nelsonville police and fire departments, adopting a resolution that would honor the city’s current contractual and financial obligations and reauthorizing the city’s income tax. The commission recommends that these actions take place in the early hours on Jan. 1, 2026.
The council also heard a report from Holmes and updates from Nelsonville Police Chief Devon Tolliver and Nelsonville Code Enforcement Officer Austin Kelley.
Tolliver reported that during the month of August, NPD received 337 calls for service, initiated 159 traffic stops, issued 70 citations, investigated nine traffic crashes, made 16 criminal arrests and made six warrant arrests.
Tolliver also reported that two officers completed a course on how to better handle stops and approaches with vehicles and that the department will undergo training on new, recently acquired Tasers.
Kelley reported that since Aug. 11, the code office has issued 46 notices of violations, seven citations and 17 permits. The office has also taken in two complaint cases and continues to work on addressing vacant properties around the city.
Holmes reported that he completed a Designated Outdoor Refreshment Area application and would submit the application along with a boundary map and list of designated DORA vendors to the council on Sept. 22.
The council would need to pass an ordinance to accept the application. If approved, the DORA program would allow people to consume alcoholic beverages in the designated outdoor area that are purchased from participating vendors.
Holmes also added he continues to work on the city’s comprehensive plan.
Although not on the agenda, the council also heard from Rick Dostal, the chief building official at the Southeast Ohio Building Department.
Dostal came to speak to the council in support of an ordinance on the agenda that would establish the department he represents as a sub-department of the Nelsonville building department for the enforcement of Ohio Building Codes for non-residential construction in Nelsonville.
A lengthy discussion ensued between the council and Dostal, which discussed available services, fees, permits and inspections. Council ultimately passed the ordinance establishing the sub-department on second reading.
During good of the order, council President Gregg Clement addressed his absence from the past few council meetings. Clement affirmed that had he been at the council’s Aug. 11 meeting, during which the council adopted Ordinance 54-25 that repealed Issue 23, he “would have voted to support that ordinance.”
The council also passed an ordinance on an emergency measure to compensate a contractor for unexpected costs involved in work on Burr Oak Boulevard and Scott Street. The work is part of phase four of the city’s sewer project. The cost is just under $94,000 and is covered in the contingency portion of the project funding.
In other business, the council passed ordinances on second reading that:
- Set a new utility fee schedule.
- Established a city-paid maternity and paternity leave policy.
- Amended the 2025 appropriations ordinance to fund audit contract services, the NPD K-9 unit and vacant property maintenance.
- Established a storm sewer line item and a $3 monthly fee for all water and sewer customers. The revenue will provide funds to upgrade and maintain the city’s storm sewer infrastructure and systems.
The council also heard three ordinances on first readings that would:
- Amend the 2025 appropriations ordinance for street construction funds.
- Approve the city to enter into a professional services agreement with DLZ as part of the city’s water system improvement project. The cost is just over $270,000.
- Approve the city to enter into a professional services agreement with DLZ as part of the city’s sewer improvement project. The cost is just over $528,000. The city intends to apply for a $500,000 critical infrastructure grant to cover most of the costs.
Council adopted three resolutions that:
- Ratify the city’s engagement with legal firm Reminger to represent the city in its ongoing Ohio Supreme Court case.
- Waive the bidding to restore and repair Nelsonville Public Square’s fountain and award the contract to Robinson Iron at a price of just under $130,000. The cost is covered by the Betty Johnson Fund.
- Allow the city manager to communicate to Rumpke the city’s interest in treating leachate from the Rumpke Athens-Hocking Reclamation Center at the Nelsonville Wastewater Treatment Plant.
Nelsonville City Council meets every other Monday of each month, at Nelsonville City Council Chambers, 211 Lake Hope Drive. Its next regular meeting will be Monday, Sept. 22 at 7 p.m. Meetings are live streamed on YouTube. Find more at cityofnelsonville.com.
Correction: A previous version of this article incorrectly stated that the term for auditor expired on Dec. 1. This article was updated on Sept. 17 to correctly state that the term for auditor expires on Nov. 30, 2027. We apologize for the error.
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