Council Suspends Rules, Re-employs Solicitor
By Jennifer Compston-Strough, Barnesville Area News
Barnesville Village Council voted Monday to re-employ Solicitor Richard A. Myser for two more years, despite Mayor Jake Hershberger’s desire to consider other candidates for the job.
During the final meeting for four council members – Brad Hudson, Tony Johnson, Tim McKelvey and Les Tickhill – who will be replaced by four newly elected members in January, acted on an issue that had caused tension at a previous meeting.
On Dec. 1, council members Terry McCort and Robyn Misner had joined the other four in voting to reappoint Myser as the village’s legal counsel. Prior to that meeting, Myser had asked Hershberger to reappoint him to the position, but Hershberger informed him and council that others had expressed interest in the post, and that he had advertised for applicants in The Times Leader on three dates in December with one additional ad scheduled for Jan. 7. Barnesville Area News has also published the Notice weekly beginning Dec. 19. The Legal Notice states interested parties have until Jan. 9 to submit letters of interest.
On Monday before an audience of about 15 residents, Myser introduced Ordinance #4037 and noted that enough council members were present to vote to suspend the rules requiring three public readings of legislation and declare the matter an emergency. The ordinance set Myser’s dates of employment from Nov. 20, 2025, to Nov. 20, 2027, at a salary of $20,000 per year paid in monthly installments.
“Mr. Mayor, I’m going to ask you, is this resolution in accordance with your appointment as myself as the village solicitor for the village of Barnesville?” Myser inquired.
Hershberger replied with a simple, “No.”
Myser then said he needed a few minutes to explain to council that he had been “laboring under the misinterpretation” of Section 733 of the Ohio Revised Code. He said that legislation contains two sections. Section A states that the governing authority of a community, such as village council, can appoint legal counsel for the village for up to two years. Section B states that voters can give the mayor the authority to make that appointment, and Hershberger noted it was not clear whether such a vote had ever occurred in Barnesville.
Myser said council had asked him to investigate the issue following the Dec. 1 meeting. He said he contacted the Ohio Municipal League in Columbus and spoke to its general counsel, who he said shared Myer’s opinion that village council could initiate the hiring of a solicitor without a recommendation by the mayor. Myser then asked for a motion to suspend the rules and declare the ordinance an emergency.
Hershberger interjected that he did not believe the matter was an emergency and noted that he had advertised the position.
Myser again asked for a motion to suspend the rules. McCort made that motion, which was seconded by Misner and unanimously approved before McCort spoke up again.
“Before we vote on the passage, I would like to make a comment,” McCort said. “We are in the middle of three or four major projects that Richard (Myser) is involved in – heavily. To be without him, to me, would be a problem, not only for you (Hershberger), but for the new council members that are coming on as well. As I stated earlier in the last meeting (Dec. 1), I don’t think it’s wise for us to replace our solicitor with the waterline projects we’ve got going on, annexations we have going on, and other items, I don’t feel it’s a wise move. … Therefore my motion to suspend the rules stands.”
“I am very much involved in those projects and understand,” Hershberger replied.
McCort then made a motion to pass the ordinance, Misner seconded and members voted unanimously in favor.
Myser thanked council members for their support and said he intends to live up to their expectations.
Meanwhile, council approved payment of bills totaling $50,596.94 and heard the second reading of Resolution 4036 supporting the Ohio Commission for the U.S. Semi-quincentennial, aka America 250 – Ohio.
Resolution 4038 was read for the first time, authorizing the mayor to enter an annexation agreement with Warren Township trustees that would annex 9.443 acres into the village. Myser said suspending the rules would accelerate the matter, but no action was taken.
Myser then raised the planned purchase of a property owned by Capstone Holding Co., which includes a large water reservoir on 406 acres once owned by R&F Coal Co. The site lies northwest of the intersection of State Routes 26 and 148. The purchase price is $1,725,680.
Miser recommended that council obtain a title insurance policy for a premium of $5,559. Myser said he was making the recommendation because the limit of his liability insurance is $1 million. The planned transaction is for $1.7 million, exceeding the limits of his own policy.
McCort pointed out that the property already has a revenue generating stream in the form of water sales from the reservoir and said he believed it would be in Barnesville’s best interest to expedite the process.
Mark Lucas, a newly elected council member who will take his seat in January, was in the audience. He asked if the community really needs to buy a pond. Resident Jaquetta Stephens also questioned why the village should be in the real estate business. Former councilman Steve Hill was also present and objected to the deal.
Johnson, Hudson, McCort and Hershberger all responded that they believed the purchase would benefit the village. They said it would generate revenue that would make it possible to improve infrastructure and keep water rates for residents low. Hudson said it was a long-term investment for the future, and McCort pointed out that he expected the property to pay for itself within three years.
Council then voted unanimously to purchase title insurance as recommended by Myser. The village has one year to complete the purchase of the property.
In other business, Village Administrator Roger Deal said Street Department workers will pick up discarded live Christmas trees through Jan. 9. He said this work will be done as time allows and not on a specific schedule. Residents should place their trees at the curb for pickup.
Deal also reported that 13 streets were paved in 2025, terming it a “very, very strong paving season.” Streets that were paved include: Walton Avenue, Cherry Street, Cole Street, Washington Street, Pultney Avenue, West Main Street from Pultney to the corporation limit, Clifton Street, East Church Street from East Main to the dead end, Pine Lane, Railroad Street Extension, South Chestnut Street and Leatherwood.
Deal also announced that Barnesville qualified for Ohio Public Works Commission funding for additional paving in 2026. The village will be awarded $430,739 by OPWC with plans to pave at least a portion of eight streets for a total project cost of $582,080. Streets to be at least partially paved include: South Arch Street, North Chestnut Street from Bond to Harry Dew Road, South Gardner Street from West South Street to Leatherwood, Grace Avenue (dead end only), Kirke Avenue, Robinson Avenue, Roosevelt Road, and West South Street from South Chestnut to South Broadway and from concrete to West Main Street.
Council also discussed an issue with Amish buggies traveling on Railroad Street with their horses defecating on the new walking trail as they move aside to make way for other vehicular traffic. The possibility of requiring “diapers” for horses using village streets was discussed. The matter concluded with Deal saying he will order signs mandating that buggies remain on the street and not move over onto the trail.
Police Chief Rocky Sirianni and several others present thanked the four outgoing council members for their service. Each of them, in turn, also wished the incoming council members well.
Council also unanimously approved building permits for Michelle Palmer to install solar panels at 347 W. South St. and for Adam Ackerman to demolish a house at 310 W. South Street.
Barnesville Village Council next meets at 7 p.m. Jan. 12 at the Municipal Building.
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