The Amherst news-times. (Amherst, Ohio), 1997-10-08

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Amherst News-Time
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Wednesday. October 8, 1997
Amherst, Ohio
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Law director files appeal; sends city to cOv...
Anderson says council can
pick when to hire, not who
by KATHLEEN KOSHAR
News-Times editor
The story of why city law director
Alan Anderson is challenging city
council and the administration on
the right lo choose a bond counsel is
long and involved.
Il begins more than a year ago,
and has still not come to a close.
Despite a ruling in city council's favor, Anderson has Tiled an appeal in
court, stating judge Kosma Glavas
did not understand the question put
before him in the original lawsuit.
In the meantime, taxpayers arc
paying, to defend the city against its
own elected law director — $15,000
so far, with more to come now that
the appeal has been Tiled.
The question of who has the au
thority to choose a bond counsel is
purely professional, according to
Anderson, who wants residents
as well as council and the administration — lo know his reasons arc
not personal or political.
Anderson, whose lerm ends Dec.
31, 1999, claims he is not a political
animal, even though he and lhe
mayor represent opposing panics.
He's a Republican and major John
Higgins is a Democrat.
But he docs feci the "law director
has to have a certain amount of aut-
CONTINUED on page 2
Mayor worried about city's
financial strain from suits
by GLEN MILLER
Nows-Times reporter
Mayor John Higgins sat at his
desk wilh his hands buried in his
face. The documents before him
were not unexpected, bul it was still
what he described as a "dark day"
for lhe city and city council.
He received notice that law direc
tor Alan Anderson had on Sept. 24
filed an appeal to a suit challenging
council's authority to select a bond
counsel. The brief three-page document staled the appeal had been
filed with the Ninth District Court
of Appeals through the Lorain
Counly Common Picas Court.
The appeal seeks to overturn a
three-week old ruling by Common
Picas Court judge Kosma Glavas. In
his decision, lhe judge ruled council,
not Anderson, had the authority to
choose the Cleveland law firm of
Squires, Sanders and Dempsey as
bond counsel.
Higgins said he thinks the law director's reasoning has a lot to do
with his ego and that it may cost
lax payers 530,000 or more to
resolve.
Anderson had previously staled
he would appeal the ruling because
it lcfl several questions about his authority to choose a bond council at
CONTINUED on page 2
Father's actions
difficult for family
since historical
homestead gone
by GLEN MILLER
News-Times reporter
What began as a 4-H project for
11-year-old Lyla Wciland turned
inlo historical exploration that has
yielded good and bad memories of
the past for a family thai helped
pioneer Amherst.
Wciland, a student at Shupe
Middle School, won a blue ribbon at
the Lorain Counly Fair for a genealogical study of her family, the Whi-
tons, of Amherst. The family's
ancestors moved from New England
to Amherst in* the late 1700s.
More than 200 years later, the
family survives, although its
148-year-old homestead on Leavitt
Road near the proposed turnpike interchange was demolished to make
way for progress.
Gone is the home where Joe Whi-
ton, his sisler, Karen Weiland, two
brothers and a sisler were raised.
Whiion and Wciland live in lhe Amhcrsl area. Arthur lives in Spencer,
Kurt in Chillocolhe, and Sandy in
Port Charlotte, Fla.
The homestead was torn down in
July by a group of area investors
vho purchased the 230-acre farm
from ihcir late father, Norman Whi-
ton, in 1980. Only photographs and
memories of being raised in lhe historical farm house remain.
Both Whiion and Weiland arc bitter over their laic father's decision
to sell lhe home and farmland. Five
generations of their family had lived
there.
It was especially hard for Whiion.
Two weeks ago, he authored a letter
to the editor of the News-Times expressing his regret for being unable
lo raise enough money to purchase
the home back from the investors.
"I have known since I was 10 that
he warned to sell it. 1 always figured
it was my place in the family to buy
the place back and made sure it
stayed in lhe family, but I never had
the means," he explained. "Our
ancestors and we grew up there, so
it really bothers me."
Without the house as a visible
landmark, both feared the Whiion
name and the contributions of the
ancestors would be forgotten.
"I think it was one way for Joe to
ensure our name lived on and was
remembered," his sister added'.
The house and farm were sold by
their father for $2,000 an acre, partially  because   he  divorced   their
_K
Karen Weiland and her brother Joe Whiton look over family memorabilia and photos handed down by at least five generations of
the Whiton family. The Whitons came from New England and were
among the earliest settlers in the Amherst area.
mother, Ella, and no longer wanted
lo farm lhe land. He lived in lhe historic home lor two years before
moving lo Wellington in 1982. He
even refused to discuss il in detail
wilh them, a decision thai Whiion
and Weiland continue to reseni five
years after his death.'
Norman Whiion's decision to sell
lhe farm and house contradicts his
efforts lo save the property in 1952,
they said.
It was sold in the mid '40s while
he was in the Army to help settle the
estate of their father's grandmother,
Annctta Whiion. His parents continued to live in a small nearby
house on the property. He purchased
the land back in addition to about an
extra 107 acres.
Family values were always em-
Financial planner
gets no sympathy
from his victims
or judge at court
by GLEN MILLER
News-Times reporter
Walter McGill of Lorain, Patricia Atkins of Avon and Sandra
Viels of Parma were all taken by
Amherst financial planner
Joseph T. Nemchik.
McGill lost $55,000, Viets
lost $85,000 and Atkins lost
$20,000. Each stepped before
Lorain County Common Pleas
Court judge Thomas Janas during an Oct. 3 sentencing hearing
to speak iheir minds shortly before he sentenced Nemchik to 12
years in prison for mishandling
their money.
McGill, a retired auto dealership owner, said the thought of
Nemicik being incarcerated in
prison didn't bother him. He
will probably try to sue to get
much of his retirement back.
"I feel he deserves the same
consideration he gave us — nothing," he said.
Victs told Janas she fell "mad,
embarrassed and violated" by
lhe tactics Nemchik used to con
her and dozens of other people,
many of the them elderly, out
their money. It was "in excess of
$1.3 million," according to
Janas.
Viets, a realtor, said she was
lured into doing business wilh
Nemchik by his smooth, convincing manner and easygoing
style.
"He was Mr. Slick," she told
the News-Times prior lo the sentencing hearing.
She had hoped to retire in about two years, a dream that will
now have to be put on the back
burner.
Defense attorney James Burge
told Janas lhal Nemchik has
placed $200,000 in escrow for
repayment. He also noted lhal
Nemchik has no prior criminal
history, a consideration lhal often prompts judges to give offenders probation.
A formal request lo place
Nemchik on probation so he
could make restitution to his former clients didn't seem to phase
Janas.
Neither did the comments of
CONTINUED on page 2
Investor Joseph Nemchik is handcuffed after being sentenced to 12 years in prison.
phasized prior to iheir parents' divorce.   Afterward,   the   historical
value   of   the   homestead   was
emphasized.
"All of a sudden he was two-
CONTINUED on page 2
A growing
city needs
additional
employees
by GLEN MILLER
News-Times reporter
Like it or nol, Amherst city government is going to have to spend
more money on itself in order to
meet Ihe demands of a growing
community.
That's what mayor John Higgins
lold city finance committee members during a Sept. 15 meeting. His
statements were prompted by a request for $30,000 to upgrade computer software applications and buy
new hardware used by the treasurer's and auditor's offices.
Growth over lhe last seven years
is beginning to stretch city departments and budgets thin. Following
the meeting. Higgins said the additional money for computer hardware
and software may be "just a tip of
the iceberg."
"We now have more people to
take care of in Ihe cily because
building has increased resideniially
and commercially," he added.
"We're beginnning to see the
growth affect our city departments
and the money we spend," Higgins
said. "It's catching up with us and
we have to respond."
An additional patrolman already
has been hired by the police department. The electric department may
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