Ordinance 2024-32

An Ordinance Amending Chapter 137 of the Codified Ordinances and Amending Sections 137.01, 137.02 and 137.06 Regarding Architectural Board of Review Member Appointment and Quorum Requirements and Declaring an Emergency

Whereas, the Charter of the Village of Chagrin Falls was amended at the March 2024 Primary Election by amending Article VII, Section 9 of the Charter to increase the number of voting members of the Architectural Board of Review to five (5) members and to have two (2) of the voting members appointed by the Village Council, one of which may be a member of Village Council; and

Whereas, the Village Council deems it appropriate to amend Chapter 137 of the Codified Ordinances to conform to the Charter Amendment approved by the voters of the Village of Chagrin Falls at the March 2024 Primary Election where the voters approved amendments to Article VII, Section 9 of the Charter.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. Section 137.01 of the Codified Ordinances is hereby amended in its entirety to read as follows:

137.01   Board Appointments, Terms and Vacancies

Pursuant to Article VII, Section 9 of the Charter of the Village of Chagrin Falls, the Architectural Board of Review shall consist of five voting members and two architect advisors. Three of the voting members and the two architect advisors shall be appointed by the Mayor and confirmed by Council for three year terms and the remaining two members shall be appointed by Council, starting 2024, for three year terms, except that one Council appointed voting member shall initially be appointed to a two year term. The Mayor shall continue to appoint three voting members and the two architect advisors, by either appointing or replacing the current three voting members and two architect advisors when their terms expire, whose appointments shall be confirmed by Council for three year terms.

Vacancies shall be filled for the remainder of unexpired terms in the same manner as the original appointment. Up to three alternate members of the Board may be appointed by the Mayor and confirmed by majority vote of the members of Council for three year terms, who shall serve whenever one or more members are unable to hear a particular matter or are unavailable for a particular meeting. The alternate members shall either be a resident of the Village or registered architects in the State of Ohio, and in the event the absent or conflicted member is an architect, then the alternate member appointment preference for a particular matter or meeting, shall be for any alternate member who is a registered architect. Four members of the Architectural Board of Review shall be residents of the Village of Chagrin Falls and need not be architects. The alternate members shall either be residents of the Village of Chagrin Falls or registered architects in the State of Ohio, including architects who were previously licensed for ten years or more or are retired and are registered as emeritus architects.

Section 2. Section 137.01 of the Codified Ordinances the full text of which follows is hereby repealed.

137.01   Board Appointments, Terms and Vacancies

Pursuant to Article VII, Section 9 of the Charter of the Village of Chagrin Falls, the Architectural Board of Review shall consist of three voting members and two architect advisors appointed by the Mayor and confirmed by Council for three-year terms. Vacancies shall be filled for the remainder of unexpired terms in the same manner as the original appointment. The Mayor shall appoint up to three alternate members who shall be confirmed by majority vote of the members of Council for three-year terms. Alternate members shall serve whenever one or more regular members are unable to hear a particular matter or are unavailable for a particular meeting. The alternate members shall either be residents of the Village or registered architects in the State of Ohio, including architects who were previously licensed for ten years or more who are retired and are registered as emeritus architects. In the event of the absence of an architect member or if a conflict arises and such member must not hear a matter pending before the Architectural Board of Review, then the alternate member appointment preference for a particular matter or meeting shall be for any alternate member who is a registered architect.

Section 3. Section 137.01 of the Codified Ordinances is hereby amended, with strikeouts for deletions and underlining for additions to read as follows:

Pursuant to Article VII, Section 9 of the Charter of the Village of Chagrin Falls, the Architectural Board of Review shall consist of three five voting members and two architect advisors. Three of the voting members and two architect advisors shall be appointed by the Mayor and confirmed by Council for three-year terms in the same manner as the original appointment. Vacancies shall be filled for the remainder of unexpired terms and the remaining two members shall be appointed by Council, starting 2024, for three year terms, except that one Council appointed voting member shall initially be appointed to a two year term. The Mayor shall continue to appoint up to three alternate voting members who and the two architect advisors, by either appointing or replacing the current three voting members and two architect advisors when their terms expire, those appointments shall be confirmed by majority vote of the members of Council for three-year terms. Vacancies shall be filled for the remainder of unexpired terms in the same manner as the original appointment. Up to three Alternate members may be appointed by the Mayor and confirmed by a majority of the vote of the members of Council for three year terms, who shall serve whenever one or more regular members are unable to hear a particular matter or are unavailable for a particular meeting. The alternate members shall either be a residents of the Village or registered architects in the State of Ohio, and in the event the absent or conflicted member is an architect, then the alternate member appointment preference for a particular matter or meeting, shall be for any alternate member who is a registered architect. Four members of the Architectural Board of Review shall be residents of the Village of Chagrin Falls and need not be architects. In the event of the absence of an architect member or if a conflict arises and such member must not hear a matter pending before the Architectural Board of Review, then the alternate member appointment preference for a particular matter or meeting shall be for any alternate member who is a registered architect.

Section 4. Section 137.02 of the Codified Ordinances, is hereby amended by amending the second to last sentence to read as follows:

Four members of the Architectural Board of Review shall be residents of the Village of Chagrin Falls and need not be architects.

Section 5. The second to last sentence of Section 137.02 of the Codified Ordinances the full text of which follows is hereby repealed.

Two members of the Architectural Board of Review will be residents and need not be architects.

Section 6. The second last sentence of Section 137.02 of the Codified Ordinances is hereby amended with strikeouts for deletions and underlining for additions to read as follows:

Two Four members of the Architectural Board of Review will shall be residents of the Village of Chagrin Falls and need not be architects.

Section 7. Section 137.06 of the Codified Ordinances is hereby amended by amending the second sentence thereof to read as follows:

A quorum shall consist of a minimum of three voting members of the Board, and if none of the voting members of the Board is an architect, one architect advisor must be present to establish the quorum.

Section 8. The second sentence of Section 137.06 of the Codified Ordinances which the full text of which follows is hereby repealed.

A quorum shall consist of a minimum of two voting members of the Board and, if neither of the voting members of the Board is an architect, one architect advisor must be present to establish the quorum.

Section 9. The second sentence of Section 137.06 of the Codified Ordinances is hereby amended with strikeouts for deletions and underlining for additions to read as follows:

A quorum shall consist of a minimum of two three voting members of the Board, and, if neither none of the voting members of the Board is an architect, one architect advisor must be present to establish the quorum.

Section 10. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 11. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days on the Village website.

Section 12. This Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health and safety of the inhabitants of the Village and for the further reason that it is necessary that this Ordinance take immediate effect to carry out the recently approved amendment to Article VII of the Charter for the Village of Chagrin Falls and in order to be able to timely consider and act upon matters required to be submitted to the Architectural Board of Review; wherefore, provided it receives the affirmative vote of at least two-thirds (⅔) of all members elected to Council, this Ordinance shall be in full force and effect from and immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force after the earliest period allowed by law.