Mayor’s veto halts guardrail placement

Proposal for Robbins and Hartzell avenues encounters resistance from Niles mayor

NILES -- Mayor Steve Mientkiewicz has exercised his veto power on proposed legislation to install a guardrail at the intersection of Robbins and Hartzell avenues, citing safety evaluations and engineering guidelines as the basis for his decision.

In a letter addressed to Safety Committee Chair James Sheehy, the mayor referenced Ohio Revised Code and Niles City Council Rules of Order-Rule 42, which grant the authority to reject council-approved legislation.

The veto, issued Dec. 27, states that Ohio Department of Transportation (ODOT) guidelines do not support the placement of a guardrail at the location, explaining that guardrails are typically intended to protect structures and are not designed for intersections.

The letter detailed that professional traffic design and engineering evaluations determined existing safety measures, such as reflective signage and a two-directional large arrow sign, are sufficient to address concerns at the T-intersection. Crash data reviewed by ODOT and the Niles Police Traffic Division also showed no evidence of a pattern of accidents that would necessitate a guardrail. The mayor emphasized that current accommodations meet safety standards while reducing liability risks for the city.

Mientkiewicz added that the city will continue to monitor the intersection and conduct further analysis if the frequency of accidents increases in the future.

The vetoed legislation has been returned to city council for further consideration.

Councilman Doug Sollitto, D-atLarge, expressed concern about the mayor's decision, stating that it was not in line with ODOT's recommendations. Sollitto noted that while the mayor and council are separate entities, the veto reflects poorly on city unity.

He explained that the measure now returns to council, where members will consider alternative options, such as boulders or a smaller guardrail. If no viable alternative emerges, Sollitto said council could formally request the mayor to reconsider his decision.

"This is the first veto in 30 years," Sollitto said, recalling a similar instance decades ago when a mayor’s veto was ultimately rescinded after council and the administration reached an agreement. He expressed confidence that a resolution could still be found, noting his positive working relationship with Mientkiewicz.

Sollitto also voiced concerns about potential liability if an accident were to occur at the intersection without the additional safety measure. He warned that the veto could expose the mayor to legal risk, including potential personal lawsuits.

The veto and associated correspondence have been distributed to Niles City Council, the city law director and the council clerk for recordkeeping and further action.