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Perry to stop the bleeding, pay backhoe storage bill

SALEM — Saying the decision was made under protest, Perry Township trustees unanimously agreed Monday to pay a bill of $40,170 to Sinsley Towing for storage of a stolen backhoe from a criminal case.

During the same meeting, though, they also voted to retain legal counsel regarding the issue.

“We’re going to take whatever means possible to get our money back,” Trustee Don Rudibaugh said.

Trustee Cliff Mix said trustees were told by their lawyer that they need to pursue the case and go for several of the people involved to get the money back. He said they’ll follow their attorney’s advice.

Trustees agreed to retain the law firm of Turner, May & Shepherd of Warren for $150 per hour to handle the case, explaining that normally the county prosecutor’s office serves as legal counsel for the township, but couldn’t in this case since the prosecutor’s office is prosecuting the criminal case involving the stolen backhoe, creating a conflict of interest.

Danny Koster, 65, of West Pine Lake Road, was charged with felony receiving stolen property after he was caught attempting to sell a backhoe stolen from a Pittsburgh company. Perry Township police seized the backhoe as evidence and had it stored at Sinsley Towing since March 2017. In the meantime, Erie Insurance became the owner of the backhoe after paying off the Pittsburgh company for its loss and sought to have the backhoe released, which Common Pleas Court Judge C. Ashley Pike ordered in April.

The issue came into play over who was going to pay the storage fee which had been accumulating at a rate of $65 a day since March 2017, with Sinsley refusing to release the backhoe until the bill was paid. The insurance company said it was an innocent third party and should not have to pay, arguing that the township and the police department were in control. When the bill continued to not be paid and Sinsley Towing still refused to release the backhoe, a motion was filed in July asking the court to find Perry Township Police Chief Mike Emigh in contempt of court. Pike, though, set it aside and all three trustees and Fiscal Officer Susan Johnston were ordered to appear in court on Dec. 5 through supboenas issued by the insurance company.

Trustees said they didn’t know about the bill for the storage or the fact that they were being ordered to pay it until they came to court. Mix said he knew the police department confiscated a backhoe “but never thought we were going to get into this mess.”

“We’re a victim of circumstance,” he said, a feeling that was echoed by his fellow trustees.

Trustee Jim Armeni said it’s not a good situation and “it’s just not right.”

They questioned the rate of $65 a day storage for having the backhoe parked in what they described as a cornfield.

Johnston said the bill she was given was for $40,170, so that’s what they’ll pay. She noted that the township does not pay sales tax. The payout is going to put a hole in the general fund at a time when they’re trying to finish out the year and need money in there for the beginning of next year for the police department. She said they’re going to have to watch their spending since that will bring the fund down to about $80,000.

“Some bills just won’t get paid right away,” Armeni said.

Koster pleaded guilty to the charge earlier this month and will face sentencing in February.

By agreeing to pay the bill for the storage charges, Johnston said the township isn’t admitting guilt, they’re just trying to stop the daily charges and get the backhoe released to Erie Insurance and following a court order.

Rudibaugh said they don’t have any choice.

Residents Linda Dickey and Maria Harrold had attended the meeting and asked whether the trustees had decided about putting an officer on the Columbiana County Drug Task Force part-time or not and whether they planned to replace a full-time officer who left. The trustees said they haven’t decided anything yet. Mix said they weren’t doing anything about assigning an officer to the DTF until the police department was settled down and the hours cut.

The two had been concerned about cuts in hours to the police department, along with another resident Butch Donnalley, who was studying the budget and questioned the numbers.

The trustees accepted the resignation of longtime Patrolman Steve Smith, who joined the department in 2004 and left to join the Trumbull County Sheriff’s Office. They thanked him for his years of service to the department and the residents. The department also lost part-time Patrolman Anthony Konders to a full-time job with the Lisbon Police Department and part-time Patrolman Chip Hank was leaving soon. The trustees agreed to hire Christopher Helsel of Boardman as a part-time officer. Helsel works part-time at both the Leetonia and Washingtonville police departments and works part-time as the school resource officer at Leetonia schools. Nothing has been decided about filling Smith’s full-time position.

“I don’t know what’s going to happen now that we’re paying this bill,” Armeni said.

mgreier@salemnews.net

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