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 23, 2021 6:00 PM Virtual Meeting Meeting Call-in details: 513-306-4583 Conference ID: 840 672 849# A. CALL TO ORDER Chair Sheila Vitale called the meeting to order at 6:04 p.m. Present 6 - Alvin J. McKenna, Sheila P. Vitale, Ross Beckmann, Shane W. Ewald, Ellen T. Zehner, and Isobel Sherwood B. APPROVAL OF MEETING MINUTES a. 2021-0052 Meeting Minutes for Approval Mr. Ewald requested that a change be made to the meeting minutes to list the Charter section that was referred to on page 5 of the minutes. Minutes were approved as amended. A motion was made by Sherwood, seconded by Zehner, that the Communication be Approved and Filed.The motion carried by the following vote: Yes: 6- McKenna, Vitale, Beckmann, Ewald, Zehner and Sherwood C. DISCUSSIONS a. 2021-0042 Charter, City of Gahanna & Other Communities b. 2021-0043 Proposed Charter Amendments Members discussed removing the proposed change to section 12.03. They agreed to pull it from the agenda. Commission members discussed proposed changes to Section 4.13 City of Gahanna Page 1 Charter Review Meeting Minutes March 23, 2021 Public Notice. Mrs. Sherwood said she liked the wording but had a couple of questions. She had concern with publishing the summary vs. the full legislation. Mrs. Beggerow said the full legislation isn't posted currently. It is the title and a brief synopsis of the legislation. Mrs. Sherwood asked about the term "publish at a later date". Mrs. Beggerow said that the failure to publish doesn't invalidate the legislation but that the Clerk will then go ahead and post the legislation at that time to meet the Charter requirement. Ms. Vitale said she didn't want Council to have to adopt a Resolution yearly to establish the posting guidelines. Mrs. Beggerow said that Council would just create a rule in Council rules to establish the publishing guidelines. This way there is the flexibility to change it as needed. Ms. Zehner asked why is there the change from 30 to 10. Mrs. Beggerow said that she patterned this request off of Westerville's charter change. Mrs. Vitale said her concern is making it solely electronic. She said they need to be posted somewhere for people to see. Mr. Ewald asked to leave the language, but add to it, "and other manners prescribed by Council". Ms. Vitale brought up 11.01 and 12.01 changes and said that they wanted to keep the staggered terms and possibly add language allowing appointment prior to. That language can be added allowing appointments 30 days prior to expiration but prior to the next term start. Mr. Ewald said this may be difficult for Council. That they would have difficulty getting things done in 30 days. Mrs. Sherwood said this isn't limiting them to 30 days, they can start the interview process earlier. Mrs. Beggerow said that the point was to try to facilitate the appointment processes earlier so there are no more last minute scrambles for City of Gahanna Page 2 Charter Review Meeting Minutes March 23, 2021 appointments. The Commission discussed the difficulty in which new Council members would not have the option to vote on the boards and commissions if they were voted on prior to Jan 2. They then discussed the feasibility of adjusting the term start dates a month or two to allow for that new Council member(s) to have their vote on board candidates. Items held to allow for Council/Administrative input. Section 3.01 and 3.02 possible changes brought up by Mr. Ewald said that there was an instance in the last election where candidates ran in the general election w/o running in the primary. The candidates were challenged but we need to make sure the charter is clear so that this isn't a confusing topic in the future. Mr. Ewald presented his proposal for changes which are attached to file 2021-0043. The only wrinkle is that write in candidates can file later.Mr. Ewald said his goal is to make the Charter clear that any candidate that wants to run for Mayor must declare and run in the primary. Ms. Vitale said that the residency requirement for City Council needs to be reviewed also Section 4.03 to make sure it is shored up as well. Mr. Mularski wanted to note that 2 years prior to the date of filing their declaration of candidacy which is a different date than the primary. The Charter says declaration of candidacy which should eliminate write in candidacy. Mr. Ewald agrees and thinks that it might be a state form that is used for write ins. He said he will investigate. Mrs. Sherwood would like to look at section 11.06 Action by Council and feels that it needs to be clarified. Council has 90 days to take action after a recommendation. If they don't take action, they must pass an ordinance to authorize an additional 60 days to take action. Taking action is interpreted different ways. Is it holding a public hearing or is it passing legislation. What is it? Mr. Ewald said that he referred to it that they would take action by voting. There would be official action, a vote of Council typically by ordinance. City of Gahanna Page 3 Charter Review Meeting Minutes March 23, 2021 Mr. Mularski said that if they do nothing, because it doesn't say take action at 90 days, it says take action after the additional 60 days. The action in the first 90 days refers to the public hearing. If they don't, they can give it another 60 days before they can have that public hearing. Mrs. Sherwood asked what if they have the public hearing in that 90 days and they do nothing? Mr. Mularski replied then the Planning Commission decision prevails. He added that it is very unclear. It doesn't say what happens when they don't. That should be addressed. Mr. Ewald asked if it is all inclusive zoning and code changes. Mr. Mularski said it says a change in a zoning ordinance or addition to, but a change could be a subtraction. So it's unclear. Mrs. Sherwood said she would interpret addition as a new one. Mr. Mularski said not necessarily. Mrs. Vitale said they would discuss this with Council at the next meeting. Section 11.06. Meeting adjourned at 7:12 p.m. City of Gahanna Page 4