City Council approves all but one charter amendment to go on November ballot

by Dan Holland

July 7 city council meeting and work session

Seven of eight proposed charter amendments, including five forwarded by the Broadview Heights Charter Review Committee and three forwarded by members of Broadview Heights City Council, were voted on by council members for a third and final reading to be forwarded to the county to appear on the Nov. 3 ballot.

One proposed amendment, regarding changing the makeup of the charter review committee from nine to 12 members, by adding a member appointed by each councilperson-at-large, received a 4-3 vote. A five-vote supermajority was necessary for an amendment to go on the ballot.

Prior to the vote being taken, Mayor Sam Alai indicated that if the proposed amendments regarding placing limits on the number of years/terms a mayor can serve and the amendment regarding an increase in the number of charter review committee members were passed by city council, he would use a mayoral veto on both items. Under Ohio Revised Code, a mayor has 10 days to either sign or veto legislation passed by city council.

The five items forwarded by the charter review committee that will go on the November ballot consist of:

1) Article III, Sec. 1(b) – City Council; a councilperson can serve no more than three consecutive four-year terms or 12 consecutive years.

2) Article IV, Sec. 4(d) – The Mayor; the mayor is authorized to enter into contracts on behalf of the city without prior council approval when the value of the contract is $25,000 or less, provided sufficient funds have otherwise been appropriated by council, with an annual increase in the $25,000 threshold of 3% beginning Jan. 1, 2028.

3) Article IV, Sec. 4(e) – The Mayor; the mayor is authorized to make purchases on behalf of the city without prior council approval when the value of the purchase is $25,000 or less, provided sufficient funds have otherwise been appropriated by council, with an annual increase in the $25,000 threshold of 3% beginning Jan. 1, 2028.

4) Article XI, Sec. 4 – Elections; municipal tax levies may only be placed on the ballot for municipal elections held in November of any calendar year.

5) Article XIV, Sec. 8(d) – Charter Language; gender-specific terms in the charter shall be changed to gender-neutral terms upon charter reprintings.

An additional proposed amendment introduced by City Council President Robert Boldt will also go on the ballot:

Article V, Sec. 5 – There shall be two fire stations in the city of Broadview Heights.

Boldt noted that it will be mandated for each fire station to house at least one ambulance and one fire engine.

Two additional amendments introduced by Councilperson-at-Large Joe Price, that Alai said he would veto if passed by city council, consist of:

Article IV, Sec. 1: The mayor can serve no more than three consecutive four-year terms or 12 consecutive years. Terms served prior to the effective date of the amendment shall not be counted.

Article XII: The Charter Review Committee shall consist of 12 qualified electors as appointed as follows: one appointed by the mayor, one appointed by each ward council member from his or her ward, one appointed by each at-large council member from the city at-large, one appointed by the planning commission from its members, one appointed by the board of zoning appeals from its members, one appointed by the parks and recreation advisory board from its members, and one appointed by council from among its members, who shall be chairperson and a non-voting member of the committee.

None of the electors appointed by the mayor or each council member can hold any other municipal office or appointment.

Tax renewal levy

Previously approved legislation regarding a 3-mill tax renewal levy, for the purpose of providing funds for current expenses in the city, was reapproved by city council members with updated language and numerical figures to appear on the Nov. 3 ballot. The levy, which was originally approved by voters in 1971, has been reapproved every five years as a renewal levy. The current effective millage of 0.32 equates to $11.20 per $100,000 of valuation.

Grievance procedure legislation shelved

Also included on the evening’s agenda was an ordinance amending Chapter 220 of the city’s codified ordinances that would establish procedures to be followed by members of council and/or city employees when reporting alleged instances of inappropriate conduct involving councilpersons. The legislation, as written, did not define a code of conduct.

During the July 7 council work session, which took place just prior to the regular council meeting, four members of city council expressed opposition to certain language in the legislation, including a section stating that a public hearing concerning alleged inappropriate behavior by a councilperson, to be held before city council, would be conducted by the city’s labor council. As written, any disciplinary action or penalty imposed on the accused would require a three-fourths vote of council, excluding the accused, who would not be involved in deliberations or cast a vote.

Due to a lack of consensus among council members regarding the ordinance during work session discussions, Boldt stated that he would send the matter back to the Rules, Ordinances and Franchises Committee, stipulating that all three members of the committee – consisting of councilpersons Glenn Goodwin, Brian Dunlap and Joe Price – would have to be in full agreement on any updated language prior to the ordinance coming back before council for a vote. All three members of the committee, along with Ward 1 Council Representative Tom Pavlica, expressed concerns about the wording of the ordinance as presented.

City council, which has a scheduled summer recess, will not reconvene again until late August.

In other actions, council members approved:

  • An ordinance amending Chapter 474 of the codified ordinances regarding right-of-way, required equipment and identity markings of e-bikes.
  • An agreement with Xtend Technologies for a wireless system to broadcast radio traffic in the police department.
  • An agreement with Verdantas for design services for the Broadview Road Corridor Improvement Project between Akins and Royalton roads.
  • An agreement with First Suburbs Consortium relative to the Citizenserve Software Program Grant.
  • A resolution authorizing participation in the Opioid Settlement relating to Discount Drug Mart.