Charter Review

200 S. Hamilton Road City of Gahanna Gahanna, Ohio 43230 Meeting Minutes Charter Review Sheila P. Vitale- Chair Ellen T. Zehner- Vice Chair Ross Beckmann Bill Dutton Shane W. Ewald Alvin J. McKenna Isobel L. Sherwood Tuesday, March 9, 2021 6:00 PM Virtual Meeting Meeting Call-in details: 513-306-4583 Conference ID: 147 558 179# A. CALL TO ORDER City Attorney Mularski called the Charter Review Commission meeting to order at 6:00 p.m. B. SWEARING IN OF MEMBERS The City Attorney swore in the members of the Commission that were present. C. ROLL CALL Present 6 - Alvin J. McKenna, Sheila P. Vitale, Ross Beckmann, Shane W. Ewald, Ellen T. Zehner, and Isobel Sherwood Absent 1 - Bill Dutton D. OPENING REMARKS: City Attorney Ray Mularski Mr. Mularski said that this was just the organizational meeting for them to determine dates and times and once the chair is elected, he will step aside and provide legal advice as needed. He thanked everyone for serving. E. ELECTION OF CHAIR Motion to appoint Sheila Vitale for Chair by Sherwood. Second by Zehner. The Motion carried by the following vote: Yes: 6- McKenna, Vitale, Beckmann, Ewald, Zehner and Sherwood City of Gahanna Page 1 Charter Review Meeting Minutes March 9, 2021 Absent: 1- Dutton F. ELECTION OF VICE CHAIR Motion to appoint Ellen Zehner for Vice Chair by Sherwood. Second by Ewald. The Motion carried by the following vote: Yes: 6- McKenna, Vitale, Beckmann, Ewald, Zehner and Sherwood Absent: 1- Dutton G. GENERAL DISCUSSION: 1. Current Charter a. 2021-0042 Charter, City of Gahanna & Other Communities b. 2021-0043 Proposed Charter Amendments Commission members discussed some of the proposed changes in the file. Proposed changes to the Planning Commission and BZBA Sections 11.01 and 12.01 respectively pertaining to appointment. Mrs. Sherwood said she didn't disagree with the concept, her concern was with the wording. She felt that the staggered terms needed to remain in the text. Mrs. Beggerow said that the proposed change to the publication section was modeled after Westerville's 2020 charter amendment. Mrs. Vitale said starting with 11.01.. Mrs. Sherwood said she was more literal in wording documents and she hasn't wordsmithed it enough for a change. Mrs. Vitale asked if anyone else had an opinion or comments on 11.01. Mrs. Zehner said she agreed with the concept but wanted to know if that included the Mayor. Mrs. Beggerow said the Mayor isn't restricted to making their appointment on the 2nd. Mrs. Vitale said we can come back to this at a future meeting. City of Gahanna Page 2 Charter Review Meeting Minutes March 9, 2021 Mr. Mularski said that the staggered term reference should remain. Mrs. Sherwood said she had seen language that stipulated that current terms remained and she would look for that. Mr. Mularski you would want it to be clear, is it a carry over term? Does the person continue to serve in that capacity until someone takes their place. December 31 would be the end of the term unless someone takes that place. Mrs. Zehner asked if it would be easier to change the date that the appointments are made so that the appointments can be made x days before so it's cleaner. Mrs. Vitale replied that that may be easier. She asked everyone to review, with the potential to keep the language that is there currently and clarifying the that the prior term ends December 31 if they feel that's needed. She asked if Ray had any suggested language. Mr. Mularski said he can get that for them. Mrs. Vitale addressed 12.01's proposed change which is similar to 11.01. Mr. McKenna said he felt the same changes as referred to in 11.01 would be recommended. Mrs. Vitale asked if there were any comments about 4.13. She said her comment was she was concerned about leaving it vague. Mrs. Sherwood said she had an issue with a summary of the legislation. A summary could not give enough information. She would like to read the whole legislation but then she looks online so it's not an issue for her. Mrs. Zehner said she would argue for simplicity, keeping it as it is, but posting it on the website. It needs to be published in both places. Mrs. Vitale said she agreed. So just adding in the municipal building and on the official City of Gahanna website. Mr. McKenna said he thought is was more of a legal requirement so they needed to get information from Ray. Mr. Ewald asked if this was what Westerville changed in their Charter. City of Gahanna Page 3 Charter Review Meeting Minutes March 9, 2021 Mrs. Beggerow replied yes. Mr. Mularski said it says it just had to be posted. The Charter is what says how it is posted. Mrs. Vitale asked if it could be said to keep the original but add "any other posting as determined by Council" so if there is some new technology it can be adjusted. Mr. Mularski said you have to keep in mind not to add too much, if you require it, then it has to be posted there, if you allow it, it can be adjusted. Mrs. Zehner said she liked that better. Mr. Ewald asked about the deadline that the recommendation has to be made to Council. Mr. Mularski said it has to be July 1. Mrs. Zehner said we really only have a couple of months to get through additional changes. The commission debated meeting dates and when to have in Council, the Mayor's office and the public. upcoming meetings as followed: Tuesdays: March 23, April 6 (Mayor/Administration), April 20 (Council), May 4, 11, 18 & 25. Mr. Ewald asked Mr. Mularski about the other BZBA file (that addresses BZBA 12.03 changes). If BZBA was no longer the appealing body for Planning Commission, would it just go to court then. Mr. Mularski said if it were coming from Planning Commission, it would go to the Environmental Court. Mrs. Beggerow asked if you could change the code then to specify. Mr. Mularski said they just set up a Property Appeals code, and he'd have to look, they may have the ability to hear the Planning Commission appeals, but yes it can be done by ordinance as well. Mr. Ewald said he wanted to make sure that the commission knew what the plan and that if the code were changed it would house the items that they would hear. City of Gahanna Page 4 Charter Review Meeting Minutes March 9, 2021 Mrs. Sherwood asked what the new board was. Mr. Mularski replied Property Appeals Board, they are a new board that will hear smaller type things like the rental registration program and some items from Planning & Zoning items. Mrs. Sherwood said a lot of the issues that went to BZBA pertained to Development. Mr. Mularski replied that the Property Appeals board was not intended to hear that sort of thing. Mrs. Zehner said it sounds like we need to decide what goes to BZBA, Property Appeals Board or where else? Mr. Ewald said he just wants to make sure that the commission knew what was being asked of them on this particular issue and wanted Mr. Mularski to have time to prepare. Mr. Ewald continued that he would like to address the primary for Mayor. The last Charter review added residency requirements and wanted to make sure they were air tight and if the Council and the Mayor and input from the public, that the language is clear that you can't circumvent not running in the primary and then running in the fall. Mrs. Vitale said we can add that for the next meeting. H. ADJOURNMENT Meeting adjourned at 7:52 p.m. City of Gahanna Page 5