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[00:00:01]

1 >> PRESIDENT B MICHAEL: I'M GOING TO CALL THE MONDAY, MARCH 11 MEETING OF THE

[1. Call To Order]

2 WORTHINGTON CITY COUNCIL TO ORDER.

3 MS. THRESS, WOULD YOU PLEASE CALL THE ROLL?

4 >> 5 WILL EVERYONE PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE TO THE FLAG? 6 7 VISITOR COMMENTS

[Additional Item]

8 OR IS THAT OR ARE YOU -- OKAY.

9 WHY DON'T YOU COME UP 10 TONIGHT? 11 AND THE 12 OKAY.

13 >> GOOD EVENING.

14 MY NAME IS EMILY BAKER.

15 I AM A 27 YEAR RESIDENT OF OLD WORTHINGTON, 510 EVENING AND SOUTH STREET.

16 I'M A CURRENT BOARD MEMBER AND PAST PRESIDENT OF THE OLD WORTHINGTON ASSOCIATION.

17 I WAS ON THE BOARD THAT SUCCEEDED IN GETTING THE 16 BLOCK HISTORIC DISTRICT OF 18 OLD WORTHINGTON LISTED AS THE WORTHINGTON HISTORIC DISTRICT ON THE NATIONAL 19 REGISTER OF HISTORIC PLACES.

20 I INCLUDE THIS AS A REFERENCE TO MY LEVEL OF INVOLVEMENT AND INTEREST.

21 I KNOW THAT THE SENTIMENTS I'M PRESENTING ARE SHARED BY MANY CONCERNED CITIZENS, MY 22 FELLOW O.W.A.

23 BOARD MEMBERS AND A MAJORITY OF OUR MEMBERS.

24 RECENT EVENTS REGARDING FINAL DECISIONS BEING MADE ABOUT DEVELOPMENT HAVE 25 PROMPTED ME TO ADDRESS YOU IN A PUBLIC FORUM.

26 I ASK YOU TO REFER TO O.W.A.'S LETTER THAT WAS EMAILED TO COUNCIL IN 27 MID-FEBRUARY OUTLINING OR OFFICIAL POSITION.

28 YOU ASKED US FOR INPUT.

29 COUNCIL AGREED TO CONTINUE TO WORKING ON A COMMUNITY-WIDE VISIONING 30 PROCESS.

31 WE STRONGLY SUPPORT YOUR EFFORT.

32 STAFFORD VILLAGE, ANTHEM, U.M.C.H.

33 AND HARDING ARE ALL ACTIVE PROJECTS.

34 THE MOST CURRENT PRESSING CONCERN IS THE STAFFORD VILLAGE PROPOSAL AS UNIQUE 35 TO THAT PROJECT IS SQUARELY IN THE HEART OF THE WORTHINGTON HISTORIC 36 DISTRICT.

37 WHICH THE CITY AND ITS COMMUNITY MEMBERS HAVE AGREED IS IMPORTANT TO 38 PROTECT.

39 EXTREME CAUTION MUST BE OBSERVED REGARDING SIGNIFICANT DEVELOPMENT 40 PROPOSALS IN THE DISTRICT AS A VISIONING PROCESS IS INCOMPLETE.

41 DECISIONS ABOUT A POTENTIAL P.U.D.

42 AN IRREVERSIBLE PRECEDENCE FOR THE WORTHINGTON HISTORIC DISTRICT MUST BE CONSIDERED 43 WITH UTMOST SERIOUSNESS.

44 WE FEEL STRONGLY THAT IT IS FOOLHARDY TO MAKE DECISIONS ON MAJOR DEVELOPMENT IN 45 WORTHINGTON PARTICULARLY WITH THE DRAMATIC CHANGES BEING PROPOSED IN THE 46 HISTORIC DISTRICT UNTIL THIS VISIONING PROCESS CAN BE COMPLETED.

47 THE COMMONSENSE APPROACH IS THAT CONSIDERATION OF A DISCRETIONARY PROJECT SUCH 48 AS STAFFORD VILLAGE SHOULD BE DELAYED AND TABLED UNTIL THE PROCESS IS COMPLETE.

49 THIS IS ABOUT US, OUR COMMUNITY AND PARTICULARLY OUR HISTORIC DISTRICT AND 50 ITS ESSENTIAL CHARACTER.

51 WE CONTINUE TO SUPPORT ONLY THOSE PROJECTS THAT PROMOTE, PRESERVE AND ENHANCE THE 52 UNIQUE VILLAGE CHARACTER OF OUR CITY.

53 WE APPRECIATE YOUR SERIOUS REVIEW OF THESE DEVELOPMENT ISSUES AS YOU CONTINUE WITH 54 THE VISIONING PROCESS IN AN EFFORTS TO AVOID DETRIMENTALLY ALTERING THE 55 DISTINCTIVE AND DEFINING CHARACTER OF THE WORTHINGTON HISTORIC DISTRICT.

56 THANK YOU.

57 >> PRESIDENT B MICHAEL: THANK YOU VERY MUCH.

58 APPRECIATE YOUR INPUT AND YOU THANK YOU VERY MUCH FOR COMING TONIGHT.

[4.A.I. Financial Report - February 2019 Executive Summary: The Financial Report for the month of February is attached. Recommendation: Motion to Accept as Presented]

59 OKAY, MOVING ON.

60 FINANCIAL REPORT.

61 MR. GREESON.

62 >> M GREESON: PRESIDENT MICHAEL AND MEMBERS OF COUNCIL, MR. BARTTER IS HERE 63 AND HE'S GOING TO TOUCH ON THE FINANCIAL REPORT.

64 >> MR BARTTER: MAYOR AND MEMBERS OF COUNCIL, YOU HAVE BEFORE YOU THE FEBRUARY 2019 65 FINANCIAL REPORT.

66 I WOULD BE HAPPY TO ANSWER ANY QUESTIONS AND IF THERE ARE NONE, I NEED A MOTION TO 67 ACCEPT IT, PLEASE.

68 >> PRESIDENT B MICHAEL: ANY QUESTIONS? 69 MR. ROBINSON.

70 >> D ROBINSON: THANK YOU FOR THE REPORT, MR. BARTTER.

71 AND I BELIEVE THAT NEW BAR CHART DOWN THE LOWER LEFT - >> MR BARTTER: YES, SIR.

72 >> D ROBINSON: IS THAT THE AN INNOVATION OF YOURS?

73 >> MR BARTTER: IT IS A NEW ADDITION TO COMPARE YOUR-TO-DATE ESTIMATES 74 VERSUS ACTUALLY.

75 I WOULD NOTE THAT WE ARE DOWN IN INCOME TAX COLLECTIONS AGAINST 76 ESTIMATES BUT WE'RE UP WITH COMMUNITY CENTER REVENUE AND INTEREST INCOME AHEAD OF 77 PROJECTIONS, SO THAT'S MAKING UP THAT GAP.

78 >> D ROBINSON: I DO HAVE ONE GENERAL QUESTION.

79 WHAT ADVICE WOULD YOU GIVE TO COUNCILMEMBERS AS TO WHEN AND HOW WE MIGHT BECOME 80 CONCERNED ABOUT INCOME TAX REVENUES FALLING BELOW BUDGETED PROJECTIONS? 81 IS IT MONTH TO MONTH OR FIRST QUARTER WE SHOULD START TO LOOK AT SOMETHING 82 GOING ON THAT'S MORE THAN JUST A RANDOM VARIATION.

83 >> MR BARTTER: AT THIS TIME LAST YEAR WE WERE DOWN ABOUT 380,000 COMPARED TO

[00:05:05]

84 ESTIMATES.

85 RIGHT NOW, WE'RE ONLY DOWN ABOUT 180,000 COMPARED TO ESTIMATES.

86 SO WE'RE AHEAD OF WHERE WE WERE LAST YEAR.

87 I THINK YOU NEED TIME AT LEAST PAST THE FIRST QUARTER.

88 IF THAT TREND CONTINUES FOR AN EXTENDING PERIOD OF TIME THEN THE MIGHT BECOME CAUSE 89 FOR CONCERN.

90 AT THIS POINT WE'RE AHEAD OF WHERE WE WERE LAST YEAR.

91 >> PRESIDENT B MICHAEL: ANY QUESTIONS? 92 93 MR. MEYERS, FURTHER DISCUSSION? 94 IF NOT, ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

95 ALL THOSE OPPOSED, LIKE SIGN.

96 OKAY.

97 NOW WE'RE GOING TO MOVE ONTO THE BIG DISCUSSION TONIGHT IS THE CHANGES TO THE DRAFT

[4.B.I. Discussion of Proposed Changes to Draft Non Discrimination Ordinance Executive Summary: Staff will overview possible changes to the draft non discrimination ordinance that was prepared by the Community Relations Commission (CRC). These proposed changes were developed in consultation with the CRC leadership and are overviewed in the attached memorandum from the Law Director.]

98 NON-DISCRIMINATION ORDINANCE.

99 MR. GREESON.

100 >> M GREESON: YEAH.

101 PRESIDENT MICHAEL AND MEMBERS OF COUNCIL, WE HAVE WITH US THE CHAIR OF THE 102 COMMUNITY RELATIONS COMMISSION, JACK MINOR.

103 AND I'M GOING TO TURN IT OVER IN A SECOND TO TOM LINDSEY, OUR LAW DIRECTOR, 104 WHO HAS WORKED WITH THE CHAIR AND VICE CHAIR ON A NUMBER OF POSSIBLE CHANGES 105 TO THE ORDINANCE THAT HAS BEEN -- THAT WAS PREVIOUSLY PRESENTED, THE DRAFT.

106 I'M GOING TO ASK MR. LINDSEY TO MAYBE GO THROUGH THAT.

107 AND INVITE JACK TO MAKE ANY ADDITIONAL COMMENTS THAT HE MAY HAVE.

108 WELCOME MR. MINOR.

109 >> THANK YOU, MR. GREESON AND PRESIDENT MICHAEL, MEMBERS OF COUNCIL.

110 AND MR. MINOR, YOU CAN GO AHEAD AND STAND AT THE PODIUM.

111 NOT TO MAKE YOU STAND THE WHOLE TIME.

112 BUT -- MY THOUGHT IS THAT WE WOULD WORK THIS TOGETHER IN TERMS OF PRESENTATION.

113 I'M GOING TO GIVE A QUICK OVERVIEW.

114 FIRST, I WANT TO THANK YOU MR. MINOR AND THE MEMBERS OF THE COMMISSION FOR THE 115 TREMENDOUS OF WORK THEY HAVE DONE OVER THE PAST YEAR OR SO IN GETTING AN INITIAL 116 DRAFT TOGETHER AND IN GATHERING INFORMATION REGARDING THAT.

117 BASED ON COUNCIL'S PREVIOUS DISCUSSION OF THIS TOPIC, WE DID START TO LOOK AT SOME OF 118 THE SPECIFICS THAT HAD BEEN PROPOSED IN THAT INITIAL DRAFT.

119 DID MEET WITH MR. MINOR AND MS. COURT RIGHT FROM THE COMMISSION TO DISCUSS AREAS 120 THAT WE MIGHT WARRANT A SECOND REVIEW.

121 COUNCIL, PRESIDENT PRO TEM MEYERS SHARED IN PART OF THAT DISCUSSION SINCE HE 122 VOICED CONCERNS AT THE COUNCIL MEETING.

123 SO SHARED SOME OF THOSE THOUGHTS WITH HIM.

124 AND I APPRECIATE THE INPUT OF EVERYBODY.

125 WHAT WE TRIED TO PUT FORWARD ARE THE POTENTIAL CHANGES THAT WE MIGHT SUGGEST MOVING 126 FORWARD WITH THE INITIAL DRAFT.

127 WE PRESENTED THEM TO YOU IN A RED LINE FORMAT.

128 I REALIZE SOMETIMES THAT'S DIFFICULT TO READ DEPENDING ON THE NUMBER OF CHANGES OR 129 STRIKE-THROUGHS.

130 SO I APOLOGIZE IF THAT WAS DIFFICULT.

131 BUT I DID WANT TO MAKE SURE IT WAS CLEAR SINCE THE COMMISSION DRAFT HAD BEEN 132 OUT FOR A COUPLE OF MONTHS THAT EVERYBODY, THE PUBLIC AS WELL AS COUNCIL, COULD 133 SEE THE DIFFERENCES SO SOMEBODY DIDN'T FEEL LIKE WE ONLY TALKED ABOUT A FEW OF 134 THEM AND DIDN'T SHOW EVERYTHING.

135 SO THAT'S WHY YOU HAVE IN THAT FORMAT.

136 THE MEMO WAS PREPARED WITH A -- IN THE ORDER AT WHICH WE THOUGHT THERE IS SOME 137 HIGH-LEVEL DECISIONS THAT COUNCIL NEEDED TO BE MAKING REGARDING THE CHANGES.

138 MAYBE NOT THE EASIEST IN TERMS OF YOUR FLOW OF READING BECAUSE IT DOES NOT 139 FOLLOW THE SEQUENTIAL ORDER OF THE ORDINANCE BUT RATHER WHAT WE THOUGHT WERE THE 140 IMPORTANT ISSUES.

141 SO I WILL GO IN A BRIEF WAY GO THROUGH THESE.

142 I KNOW THAT COUNCIL HAS READ THEM.

143 BUT FOR THE BENEFIT OF THE WATCHING AND LISTENING AUDIENCE I WANT TO MAKE SURE 144 THAT WE SORT OF TOUCH ON THOSE LARGE ISSUES THAT COUNCIL THEN CAN ASK FURTHER 145 QUESTIONS AND HAVE FURTHER DISCUSSION AS WE MOVE FORWARD.

146 THE FIRST TOPIC IN THAT REGARD WAS THE QUESTION OF HOW SHOULD WE GO ABOUT 147 ENFORCING STATE OR FEDERAL PROTECTED CLASSES.

148 AS YOU KNOW MANY OF THE CLASSES AND RIGHTS THAT ARE SET FORTH IN THIS ORDINANCE 149 ARE COVERED UNDER STATE OR FEDERAL LAW, THEREFORE ARE ALREADY PROTECTED.

150 THE QUESTION IS A SMALL ENFORCEMENT STAFF, DOES IT MAKE SENSE TO DUPLICATE THAT 151 WHICH IS AVAILABLE FROM AN ENFORCEMENT AND INVESTIGATION STANDPOINT AT 152 THE STATE OR FEDERAL LEVEL.

153 SO THE THOUGHT IS TO DEFER ALL OF THE THOSE CASES THAT WOULD FALL UNDER STATE OR 154 FEDERAL LAW TO THOSE AGENCIES, THE OHIO CIVIL RIGHTS COMMISSION AND 155 E.E.O.C., AND NOT HAVE DUPLICATION OF EFFORT.

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156 AND SO THAT'S THE PROPOSAL TO CHANGE THAT SO THAT WE WOULD ONLY HANDLE THOSE 157 MATTERS THAT AREN'T COVERED UNDER STATE OR FEDERAL LAW.

158 THE OTHER ASPECT OF THAT AND MR. MINOR RAISED THIS AND I THOUGHT IT WAS A GOOD 159 SUGGESTION.

160 IF THAT'S OR FEDERAL LAW CHANGES AS TO PROTECTED CLASSES HOW DO WE MAKE SURE 161 THAT WE'RE NOT HAVING TO COME BACK RIGHT AWAY WITHIN THE NEXT YEAR OR TWO AND 162 AMEND.

163 SO WE DID ADD SOME LANGUAGE SORT OF A CATCH-ALL, TO INCLUDE ANY OTHER FUTURE 164 PROTECTED CLASSES.

165 THAT'S THE NEXT CHANGE SET FORTH THERE.

166 THE OTHER ASPECTS CLOSELY RELATED WOULD BE THE NEXT MAJOR TOPIC, THAT WAS THE 167 REVIEW OF O.C.R.C.

168 AND O.C.

169 DETERMINATIONS.

170 THERE QUESTION WOULD BE IS THE APPROPRIATE FOR THE CITY TO REVIEW THE DECISIONS OF 171 THOSE AGENCIES WHICH DO IT ON A FULL-TIME BASIS AND WHETHER OR NOT WE OUGHT TO 172 DEFER THAT.

173 THE CONSENSUS OF OUR DISCUSSION GROUP WITH MR. MEYERS AND MR. MINOR AND 174 MS. COURTRIGHT WAS THAT ON ISSUES OF PROBABLE CAUSE WHERE AFTER INVESTIGATION 175 THOSE AGENCIES HAD DETERMINED THERE WASN'T GROUNDS FOR MOVING FORWARD 176 WITH A COMPLAINT, THAT WE WOULD NOT REVIEW THOSE.

177 BUT FOR THOSE INSTANCES IN WHICH A COMPLAINT INVOLVED DETERMINATION THERE WAS A 178 LACK OF JURISDICTION AT THE STATE OR FEDERAL LEVEL, THEN WE WOULD STEP IN AND SEE IF 179 IT WOULD FIT WITH OUR ORDINANCE AND PROCEED.

180 THE SAME WAY IF THE STATE OR FEDERAL AGENCIES HAD MADE A DETERMINATION THAT THEY WERE 181 THOUGHT PROCEEDING DUE TO A LACK OF INVESTIGATION TIME OR RESOURCES.

182 AND MS. COURTRIGHT HAD INDICATED THAT THAT IS A DETERMINATION THAT OCCURS AT 183 TIMES BASED ON THEIR HEAVY CASELOADS.

184 THEREFORE, THAT SORT OF A DETERMINATION WHICH IS NOT WON ON THE MERITS, WE 185 THOUGHT WOULD BE APPROPRIATE FOR REVIEW AT THE CITY LEVEL.

186 THE NEXT BULLET HERE IS THE PRELIMINARY INVESTIGATION.

187 PERHAPS BECAUSE IT RELATES TO MYSELF, I HAVE IT IN A HIGHER POSITION AND ORDER 188 THAN MAYBE IT NEEDS TO BE.

189 BUT NONETHELESS, IT'S A QUESTION OF WHO WOULD CONDUCT THAT PRELIMINARY 190 INVESTIGATION AND WE'VE SIMPLY CLARIFIED WHILE IT'S CHARGED TO THE LAW DIRECTOR, 191 THE LAW DIRECTOR WOULD HAVE THE ABILITY TO APPOINT AN ATTORNEY TO HANDLE THOSE 192 INVESTIGATIONS IN PART DUE TO OTHER WORK CASELOAD ISSUES AND WANTING TO MAKE 193 SURE WE ADDRESS THOSE COMPLAINTS THAT WOULD COMING BEFORE THE COMMISSION.

194 SO THEREFORE, TO NOT ALLOW MY OTHER WORK DUTIES TO INTERFERE, WE WOULD APPOINT 195 SPECIAL COUNSEL TO HANDLE THOSE INVESTIGATIONS AS WELL AS THE POSSIBILITY OF 196 GETTING SOMEBODY THAT PRACTICES OR WORKS IN THAT AREA AND THEREFORE, HAS MORE 197 EXPERTISE.

198 THE NEXT MAJOR HEADING WAS RELATES AS TO THE DETERMINATION HEARING SET 199 FORTH IN THE ORDINANCE.

200 INITIALLY IT WAS -- AND THIS IS SIMILAR TO THE CITY OF COLUMBUS, WHICH HAS A LARGE 201 COMMISSION THAT DOES THESE HEARINGS.

202 THE COMMUNITY RELATIONS COMMISSION HAD INDICATED THEY WOULD BE THE ONE 203 RESPONSIBLE FOR CONDUCTING THE DETERMINATION HEARING.

204 WE HAD I THINK A HEALTHY DISCUSSION REGARDING THIS TOPIC.

205 I THINK ONE OF THE CONCERNS THAT HAD BEEN RAISED OUR CURRENT COMMISSION, WHICH 206 HAS BEEN IN EXISTENCE FOR A LONG PERIOD OF TIME PRIOR TO ANY SUCH ORDINANCE 207 PROHIBITING THESE FORMS OF DISCRIMINATION, OUR COMMISSION HAS SERVED 208 VALUABLE ROLE FOR THE COMMUNITY.

209 THE QUESTION WOULD BE WHETHER OR NOT THE RESPONSIBILITY OF HOLDING 210 THESE HEARINGS MIGHT EITHER DETRACT FROM THAT EXISTING ROLE OR REQUIRE A 211 CONSIDERATION OF DIFFERENT APPOINTMENTS TO PEOPLE TO SERVE IN THAT CAPACITY 212 BECAUSE YOU WOULD THEN WANT PEOPLE THAT HAVE EXPERIENCE WITH THIS SORT OF AN 213 ADMINISTRATIVE HEARING PROCESS.

214 AND THEN WE MIGHT LOSE THE BENEFIT OF THE SORT OF PEOPLE WHO SERVED ON THAT 215 COMMISSION AND SERVED WELL OVER THE YEARS.

216 SO THAT WAS A SIGNIFICANT CONCERN.

217 THE OTHER PIECE OF THIS, UNLIKE OUR MUNICIPAL PLANNING COMMISSION WHICH 218 HEARS REGULAR CASES ON A REGULAR BASIS EVERY MONTH, A NUMBER OF CASES ARE HEARD, 219 THEY GAIN EXPERIENCE WITH THAT HEARING PROCESS.

220 AT LEAST ANECDOTAL BASED ON WHAT OTHER COMMUNITIES HAVING ADOPTED SIMILAR 221 ORDINANCES AS WE'RE CONSIDERING HERE, THE NUMBER OF CASES IS VERY SMALL.

222 PERHAPS ONE OR TWO EVERY COUPLE OF YEARS.

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223 THAT DOESN'T ALLOW A COMMISSION OF CITIZENS TO GAIN THE EXPERTISE TO HOLD 224 THESE HEARINGS IN A WAY THAT BENEFITS BOTH THE PERSON REGISTERING THE COMPLAINT AS 225 WELL AS THE RESPONDENT ON THE OTHER SIDE.

226 FOR THAT REASON, RECOMMENDATION IS TO HAVE THE CITY MANAGER APPOINT, 227 AFTER CONSULTATION WITH THE COMMISSION, TO APPOINT A HEARING OFFICER.

228 AN INDIVIDUAL WOULD HOLD THE HEARING AND CONDUCT IT IN CONFORMITY WITH THOSE 229 ADMINISTRATIVE CROSSES.

230 LET ME TAKE A DRINK FOR A SECOND.

231 ONE MINOR NOTE THERE, ONCE AGAIN RELATING TO THE LAW DIRECTOR.

232 IT HAD THE AUTHORITY TO CONTINUE THE HEARING PLACED WITH THE LAW DIRECTOR.

233 AND I THINK BECAUSE THE LAW DIRECTOR WOULD BE THE PERSON SCHEDULING THE INITIAL 234 HEARING, IT SEEMED MORE APPROPRIATE TO HAVE THE ACTUAL PERSON HOLDING THE 235 HEARING MAKE THAT DETERMINATION IF ONE PARTY OR THE OTHER WAS REQUESTING 236 A CONTINUANCE, LET THE HEARING OFFICER MAKE THE DECISION AS TO THE 237 APPROPRIATE RESCHEDULING OF A HEARING.

238 THE NEXT LARGE TOPIC AND IT'S IN TWO PARTS.

239 THE FIRST ONE IS THE CIVIL PENALTY FOR VIOLATIONS.

240 THE ORDINANCE SETS FORTH A MAXIMUM PENALTY OF $5,000 FOR A THIRD VIOLATION.

241 BUT A SERIES OF MONETARY PENALTIES THAT A HEARING OFFICER COULD IMPOSE AFTER A 242 DETERMINATION THAT THE DISCRIMINATION HAD OCCURRED.

243 I WOULD NOTE THAT AT LEAST SOME OTHER ORDINANCES COLUMBUS, TOLEDO AND OXFORD 244 WERE A FEW I LOOKED AT.

245 DID NOT INCLUDE SEVERAL PENALTIES IN THEIR ORDINANCES.

246 BY THE SAME TOKEN, THE CITY OF CLEVELAND HAS A $100,000 PENALTY.

247 SO THERE IS A RANGE THERE.

248 CERTAINLY, OPEN TO WHAT COUNCIL FEELS IS APPROPRIATE THERE.

249 FOR THAT REASON, NO SPECIFIC CHANGE IS PROPOSED THERE.

250 BUT I WANTED TO MAKE SURE THAT TOPIC WAS PART OF YOUR DISCUSSION.

251 IN TERMS OF THE CRIMINAL PENALTY FOR VIOLATIONS, THE DRAFT ORDINANCE CURRENTLY 252 MAKES IT A CRIMINAL OFFENSE, NOT TO SIMPLY HAVE DISCRIMINATED, BUT TO HAVE 253 FAILED TO COMPLY WITH AN ORDER TO CEASE AND DESIST SUCH DISCRIMINATION.

254 THIS PROVIDES AN OPPORTUNITY TO HAVE A HEARING AND THEN THAT DETERMINATION THAT 255 DISCRIMINATION WAS OCCURRING.

256 AND THEN THE FAILURE TO COMPLY WITH AN ORDER TO CEASE AND DESIST.

257 THIS IS SIMILAR TO SOME OF THE OTHER CITIES.

258 I WILL SAY THAT IN TERMS OF MUNICIPAL AUTHORITY TO ENACT LAWS, THE MOST COMMON AND 259 FREQUENT IS THE ABILITY OF CITIES TO ENACT CRIMINAL LAWS.

260 OUR AUTHORITY IS CLEAR THERE.

261 WE'RE LIMITED TO MISDEMEANOR OFFENSES.

262 WE CAN'T IMPOSE FELONY OFFENSES.

263 BUT CERTAINLY, CLEAR AREA OF MUNICIPAL AUTHORITY WHEN IT COMES TO RULE MAKING OR 264 MAKING LAWS THAT IMPACT PEOPLE'S BEHAVIOR.

265 I SAY THAT ONLY IN THE SENSE THAT IT IS LESS CLEAR, THE FULL AUTHORITY AT WHICH WE 266 CAN CREATE ENFORCEABLE CIVIL RIGHTS THAT WOULD BE ENFORCEABLE IN COMMON PLACE 267 OR SOMEWHERE ELSE.

268 THERE IS ALWAYS A QUESTION OF THE ABILITY TO DO THAT.

269 MANY CITIES HAVE CREATED THESE ORDINANCES WITH CERTAINLY THE APPEARANCE 270 THEY ARE ENFORCEABLE BUT I WOULD BE REMISS IF I SAID THAT'S A CERTAINTY AS TO 271 THAT ENFORCEMENT.

272 THE NEXT SIGNIFICANT AREA INDICATED THERE WAS CHANGE INVOLVING EDUCATIONAL 273 DISCRIMINATORY PRACTICES.

274 THIS ISSUE WAS RAISED AT THE PUBLIC HEARING THAT THE COMMISSION HELD.

275 AN INDIVIDUAL ASKED ABOUT WHETHER THE COMMISSION HAD CONSIDERED EDUCATIONAL 276 DISCRIMINATION.

277 THE STATE DOES HAVE A DISCRIMINATORY PRACTICES REGARDING EDUCATION.

278 IT'S LIMITED TO THE CLASS OF DISABILITY.

279 IT DOESN'T APPLY TO THE OTHER PROTECTED CLASSES.

280 AND IT IS LIMITED TO POST-SECONDARY HIGHER EDUCATION.

281 AT LEAST BASED ON THE DISCUSSION THAT CAME UP IN THE COMMISSION'S HEARING, WE 282 THOUGHT IT WAS IMPORTANT TO AT LEAST PRESENT AN OPTION THAT WOULD INCLUDE THAT.

283 SO WE USED THE STATE'S MODEL.

284 WE HAVE NOT TRIED TO LOOK AT EDUCATIONAL DISCRIMINATORY PRACTICES BELOW THE 285 POST-SECONDARY LEVEL.

286 WE DID EXPAND HOWEVER THE NUMBER OF CLASSES THAT THAT WOULD APPLY TO AND THEREFORE

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287 INCLUDED ALL OF THE PROTECTED CLASSES SET FORTH FOR EMPLOYMENT, FAIR HOUSING 288 AND PUBLIC ACCOMMODATIONS.

289 THE DEFINITION OF THAT EDUCATIONAL INSTITUTION WHICH IS TAKEN FROM STATE 290 LAW WOULD NOT INVOLVE, BECAUSE IT IS POST-SECONDARY, WOULD NOT 291 INVOLVE THE WORT SCHOOL SYSTEM IN TERMS OF THEIR ACTIONS.

292 AT THIS POINT IN TIME NOT RECOMMENDING SOMETHING THAT WOULD DIRECTLY IMPACT THEM 293 AS FAR AS THIS PARTICULAR SECTION WITH EDUCATIONAL DISCRIMINATORY PRACTICES.

294 THE NEXT TOPIC WE ADDED WAS RELIGIOUS EXCEPTION FOR PUBLIC ACCOMMODATIONS.

295 THE DRAFT ORDINANCE ALREADY PROVIDED A RELIGIOUS EXEMPTION FOR FAIR HOUSING 296 AND EMPLOYMENT, BUT NOT AS TO PUBLIC ACCOMMODATIONS.

297 CITY OF CLEVELAND HAD SUCH AN EXEMPTION IN THEIR ORDINANCE AND WE USED THAT 298 IN THE MODEL TO INCLUDE FOR COUNCIL CONSIDERATION AT THIS POINT.

299 THE.

300 >> PRESIDENT B MICHAEL:

301 >> SOME OF THE EXAMPLES WE USED WAS A SCENARIO WHERE AN INDIVIDUAL CHURCH WAS 302 PROVIDED SERVICES SPECIFICALLY TO MEMBERS OF THEIR CONGREGATION OR FAITH.

303 SO IT ALLOWS FOR THAT ESSENTIALLY.

304 IF YOU WERE RUNNING A SOUP KITCHEN OR PROVIDING SOME OTHER THING FOR SALE AS PART 305 OF THE CONGREGATION, IT WOULD BE SPECIFIC TO THAT CONGREGATION, DENOMINATION 306 OR RELIGION.

307 >> MR LINDSEY: IT'S NOT UNUSUAL IN THAT SAME CONTEXT AS SORT OF EMERGENCY 308 ASSISTANCE SOME CONGREGATIONS WILL PROVIDE MONEY TO HELP PEOPLE OF 309 THEIR CONGREGATION TO MOVE FORWARD THROUGH DIFFICULT TIMES.

310 THE POSSIBILITY AND WHETHER OR NOT THIS WOULD SEPARATELY FALL UNDER PUBLIC 311 ACCOMMODATIONS, UNDER FEDERAL LAW GENERALLY A CHURCH OR THEIR ACTIVITIES 312 DON'T FALL UNDER THE DEFINITION OF PUBLIC ACCOMMODATIONS.

313 HOWEVER, OUR ORDINANCE DEFINES PUBLIC ACCOMMODATIONS WITH AT LEAST 314 A CATCH-ALL DEFINITION, WHICH THE CONCERN BEING THAT THEN MIGHT BE ARGUED TO BE 315 INCLUSIVE OF THOSE CHURCH OR OTHER RELIGIOUS INSTITUTIONS.

316 SO THAT'S THE REASON FOR INCLUSION.

317 THE NEXT MAJOR TOPIC IS THE QUESTION OF ALLEGATIONS OF UNLAWFUL DISCRIMINATORY 318 PRACTICES INVOLVING THE CITY.

319 A NUMBER OF THE CITIES WHO HAVE ADOPTED ORDINANCES LIKE THIS, WHETHER RECENTLY OR IN 320 THE PAST, SOME HAVE SPECIFICALLY INDICATED IN THEIR DEFINITIONS OF EITHER 321 EMPLOYER OR PERSON THAT THE ORDINANCE DOES APPLY TO THE CITY.

322 THAT'S THE APPROACH CURRENTLY IN THIS ORDINANCE.

323 SOME CITIES HAVE SEPARATE SECTIONS THAT CLEARLY INDICATE THE APPLICATION OF 324 THOSE PROVISIONS TO THE CITY AND ITS INTENTIONS TO COMPLY.

325 WE DID TAKE THE FIRST APPROACH IN TERMS OF DEFINING EMPLOYER AND PERSON 326 TO INCLUDE THE CITY.

327 WHAT WE'VE DONE IN THE DRAFT ORDINANCE THOUGH IS TO ADDRESS ONE OF THE CONCERNS 328 THAT WAS RAISED IN OUR DISCUSSIONS AS TO IF IN FACT AN ALLEGATION INVOLVING AS 329 TO EMPLOYMENT BUT ALSO AS TO PUBLIC ACCOMMODATIONS WOULD INVOLVE THE CITY.

330 THE CITY MANAGER'S ROLE AS WELL AS THE LAW DIRECTOR'S ROLE COULD PUT EITHER 331 MR. GREESON OR MYSELF IN A CONFLICTING IN TERMS OF HOW WOULD WE MOVE FORWARD WITH 332 THE PARTICULAR INVESTIGATION IN THE CASE OF A LAW DIRECTOR OR APPOINTMENT OF A 333 HEARING OFFICER IN TERMS OF THE CITY MANAGER.

334 IT WAS THOUGHT BEST TO TELL COUNCIL TO ENTER INTO THE FRAY TO HAVE COUNCIL HAVE 335 THE AUTHORITY.

336 THE ORDINANCE ISN'T TO WRITTEN TO SAY YOU SHALL OR HAVE TO BUT THE GIVES 337 DISCRETION BASED ON THE NATURE OF THE ALLEGATION OR THE PARTICULARS, COUNCIL 338 COULD THEN DECIDE TO MOVE FORWARD WITH APPOINTING WHO WOULD DO THE INVESTIGATION 339 OR HEARING.

340 AND THE OTHER PIECE OF THAT IS THAT WE DID ADD THAT THE LAW DIRECTOR WOULD PROVIDE A 341 COPY OF THE COMPLAINT TO CITY COUNCIL TO PUT YOU ON NOTICE.

342 IT WAS MY THOUGHT ELSEWHERE HERE WE'VE SHIFTED THE SORT OF NOTIFICATION 343 RESPONSIBILITY TO THE CLERK SINCE THAT'S WHERE THE COMPLAINTS ARE FILED.

344 HOWEVER, IN THE CASE OF A COMPLAINT INVOLVING ALLEGATION OF THE CITY IT 345 WOULD BE MY RECOMMENDATION TO HAVE THAT BE FORWARDED BY THE LAW DIRECTOR, WHICH IS

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346 BY IT IS PROPOSED IN THAT MANNER.

347 THE NEXT SUBJECT AREA INVOLVES THE OFFENSE OF ETHNIC INTIMIDATION.

348 THE CITY ALREADY HAS A CRIMINAL OFFENSE OF ETHNIC INTIMIDATION.

349 IT FOLLOWS THE STATE LAW AND BASICALLY IT MAKES A HIGHER DEGREE OFFENSE FOR CERTAIN 350 CRIMINAL OFFENSES THAT ARE DONE WITH AN IMPROPER DISCRIMINATORY MOTIVE.

351 THIS LANGUAGE WOULD EXPAND BOTH THE PREDICATE OFFENSES AND THOSE CERTAIN OFFENSES 352 THAT WOULD RELATE TO IT AND WOULD APPLY AS TO ALL OF THE PROTECTED CLASSES WITHIN OR 353 ORDINANCE, WHICH IS BROADER THAN WHAT STATE LAW WOULD PROVIDE IN THAT REGARD.

354 THE ONE AREA THAT ISN'T ADDRESSED AS I MENTIONED EARLIER, WE DO NOT HAVE THE 355 ABILITY TO MAKE A CRIMINAL OFFENSE A FELONY.

356 IF AN OFFENSE IS A MISDEMEANOR AT THE FIRST DEGREE, THE STANDARD 357 LANGUAGE IN THE DRAFT AND SOME OTHER CITIES STILL HAVE THIS LANGUAGE, YOU CAN'T 358 REALLY MAKE IT ONE DEGREE HIGHER THAN THE MISDEMEANOR BECAUSE WE'RE LIMITED TO NOT 359 DOING FELONIES.

360 THE CITY OF COLUMBUS HAS ADDRESSED THAT BY AT LEAST IMPOSING A MANDATORY MINIMUM 361 PENALTIES IF THE OFFENSE WAS ALREADY A MISDEMEANOR OF THE FIRST DEGREE.

362 THE BEST EXAMPLE IS ASSAULT.

363 ASSAULT IS A MISDEMEANOR OF THE FIRST DEGREE ASSUMING IT'S SIMPLE ASSAULT, NOT 364 FELONIOUS ASSAULT.

365 IF YOU DID IT FOR AN IMPROPER MOTIVE, IT WON'T BECOME A FELONY.

366 BUT SHOULD THERE BE A MANDATORY PENALTY.

367 I PUT TOGETHER FOR DISCUSSION PURPOSES THE 10-DAY MINIMUM THAT THE CITY 368 OF COLUMBUS USES.

369 BUT COUNCIL COULD DO THAT AT ANY LEVEL OF MINIMUM PENALTY.

370 OR IF THAT WERE NOT INTERESTED IN DOING A MINIMUM PENALTY, IT WOULD 371 SIMPLY BE WE WOULD HAVE THE LANGUAGE THAT IT DOES NOT GO UP A DEGREE IN A CASE OF A 372 MISDEMEANOR OF THE FIRST DEGREE.

373 DEFINITION OF DISCRIMINATE IN THE DRAFT ORDINANCE DID INCLUDE ALL OF THE PROTECTED 374 CLASSES.

375 HOWEVER, THOSE CLASSES ARE THEN INDICATED AGAIN IN EACH OF THE DISCRIMINATORY 376 PRACTICE SESSIONS.

377 AND SO YOU HAVE THE WORD, "DISCRIMINATE" WHICH INCLUDES THE CLASSES AND 378 THEN YOU LIST THE CLASS.

379 FROM MY VIEWPOINT THAT CREATES A REDUNDANCY AND SO IN LOOKING AT STATE LAW, THE 380 STATE LAW DEFINITION DOES NOT DO THAT.

381 SO THE WORD, "DISCRIMINATE" IS DEFINED TO BE CLEAR AS TO WHAT IT MEANS.

382 BUT THE CLASSES ARE SET FORTH IN THE PROHIBITED SECTIONS FOR FAIR HOUSING, 383 EMPLOYMENT, PUBLIC ACCOMMODATIONS AND NOW ADDITIONALLY THE EDUCATIONAL 384 DISCRIMINATORY PRACTICES.

385 THE KLATE FILING AND NOTIFICATION PROCESS.

386 THE PROPOSAL WOULD BE TO SIMPLY HAVE THE CITY CLERK HANDLE THE ASPECTS OF 387 RECEIVING THE COMPLAINT, NOTIFYING THE RESPONDENT PARTY AND THE INDIVIDUAL IF 388 THE COMPLAINT FELL WITHIN THE STATE OR FEDERAL CLASSES, CERTAINLY, THE LAW 389 DIRECTOR WILL BE AVAILABLE TO PROVIDE ANY ASSISTANCE THAT THE CITY CLERK WOULD 390 NEED.

391 BUT I THINK THAT'S MOSTLY AN INITIAL TRAINING STATUS OF HERE IS WHAT YOU ARE LOOKING 392 FOR.

393 IF YOU SEE THESE ALLEGATIONS, REFER THE PERSON.

394 ONE OF THE CONCERNS ABOUT THE REFERRALS IS TO MAKE SURE IT'S DONE TIMELY AND 395 NOT DELAYED BECAUSE IF A PERSON HAS WAITED TOO LONG TO COME TO US.

396 WE DON'T WANT MORE TIME TO PASS AND THEREFORE HAVE THEM LOSE THEIR RISK TO FILE 397 UNDER THE 180 DAYS THEY WOULD HAVE UNDER THE STATE LAW.

398 THE DRAFT ORDINANCE ALLOWS THE ABILITY TO HIRE A MEDIATOR IF IT'S AGREED UPON 399 BY BOTH PARTIES TO ATTEMPT TO RESOLVE THE MATTER BY MEDIATION.

400 AND THE DRAFT ORDINANCE SIMPLY SAID THE CITY OF WORTHINGTON WOULD APPOINT 401 AND WE CLARIFIED THAT TO BE THE LAW DIRECTOR SINCE AT THAT STAGE OF THE PROCESS 402 THAT WOULD SEEM TO BE APPROPRIATE.

403 HOWEVER, THAT COULD BE AN APPOINT BY THE CITY MANAGER OR COMMUNITY RELATIONS 404 COMMISSION.

405 AND FINALLY, IN TERMS OF THE PROPOSED CHANGES, WE DID SPECIFY A PROPOSED AFFECTIVE 406 DATE IN THE ORDINANCE OF JULY 1.

407 ASSUMING COUNCIL WERE TO MOVE FORWARD IN THE PLAN AT LEAST INITIALLY IS THIS 408 WOULD BE COMING FORWARD IN THE MONTH OF APRIL.

[00:30:02]

409 IF ADOPTED, WE HAVE ADDED AN EXTRA MONTH OR SO, I GUESS TWO MONTHS, TO JUST MAKE 410 SURE THAT WE ALLOW THE PUBLIC FULL KNOWLEDGE THAT THIS IS OUT THERE.

411 THE TRADE-OFF OF HOW LONG TO GO AND IN SOME INSTANCES FOR SOME CRIMINAL OFFENSES 412 PEOPLE TO WAIT FOR THE START OF A NEW YEAR.

413 THE CONCERN WAS WE DON'T WANT TO APPEAR TO BE CONDONING THE DISCRIMINATION 414 THAT WE SET FORTH IS INAPPROPRIATE.

415 BUT WE WANT TO MAKE SURE PEOPLE HAVE ENOUGH TIME TO KNOW WHAT'S INVOLVED BEFORE 416 THEY ARE SUBJECT TO THE CIVIL AND CRIMINAL PENALTIES AS PUT FORTH.

417 I APOLOGIZE, I WAS RATHER QUICK.

418 IT MAY NOT HAVE BEEN AT THE DEPTH YOU WANTED.

419 BUT I WANT TODAY MAKE SURE THE PUBLIC HEARD AND KNEW WHAT WE WERE CHANGES IN THE 420 ORDINANCE.

421 BUT NOW BOTH MR. MINOR AND MYSELF WOULD BE HAPPY -- I'LL FIRST ALLOW MR. MINOR 422 AN OPPORTUNITY TO MAKE ADDITIONAL COMMENTS HE MAY HAVE.

423 BUT WE'RE BOTH AVAILABLE TO ANSWER ANY SPECIFIC QUESTIONS.

424 >> MR MINOR: THANK YOU.

425 THANK YOU, PRESIDENT MICHAEL.

426 I THINK THE THING THAT I REALLY WANT TO SAY IS THANK YOU TO ALL OF YOU FOR NOT 427 JUST YOUR SUPPORT ON THIS SO FAR AND ALL OF THE WORK BUT ALSO FOR HELPING US MAKE 428 THIS A BETTER ORDINANCE.

429 THIS IS ABSOLUTELY A CASE OF BEING ABLE TO KIND OF SEE GOVERNMENT AT WORK AND BE 430 ABLE TO SEE IT'S A STRONG PARTNERSHIP BETWEEN YOU AND THE COMMUNITY RELATIONS 431 COMMISSION AND THE CITY STAFF.

432 BUT ALSO, A REALLY STRONG PARTNERSHIP WITH COMMUNITY.

433 ONE OF THE THINGS YOU RECEIVED AS YOUR MATERIALS WAS FEEDBACK THAT WE 434 RECEIVED FROM THE COMMUNITY.

435 AS YOU SAW, THAT IS ALMOST EXCLUSIVELY WITH EXCEPTION OF ONE OUR TWO POSITIVE AND 436 IN SOME CASES GLOWING.

437 THE FORUM THAT WE DID WAS REALLY GREAT.

438 AND THE FORUM WAS GREAT FOR A COUPLE OF REASONS.

439 ONE IS THAT WE HAD A GREAT TURN OUT, A REALLY POSITIVE TURN OUT AND POSITIVE 440 CONVERSATION.

441 BUT ALSO, WE RECEIVED GREAT FEEDBACK THAT WE HEARD TONIGHT THAT WE WERE ABLE TO 442 WEAVE INTO THE DRAFT THIS EVENING.

443 THIS IS A MESSAGE TO ALL OF YOU THAT THIS WASN'T SOMETHING WRITTEN IN A 444 VACUUM.

445 IT WAS WRITTEN IN PARTNERSHIP WITH YOU AND ALSO THE COMMUNITY.

446 SO A HUGE THANKS TO TOM LINDSEY AND HIS HELP TO PULLING THIS TOGETHER.

447 THE OTHER THING I WOULD SAY IS THAT I THINK IS REALLY FUNDAMENTAL ABOUT A LOT OF 448 THE CHANGES THAT WE'VE MADE ARE REALLY PUTTING SOME STRUCTURE AROUND SOME OF THE 449 PIECES THAT I THINK WE DIDN'T HAVE AS WELL STRUCTURED BEFORE.

450 YOU WILL NOTICE A LOT OF THINGS KIND OF HAVE A PURE DEFINITION OF HOW WAS A ROLE 451 APPOINTED? 452 HOW DOES THAT ROLE OPERATE? 453 WHAT AUTHORITY AND OPPORTUNITIES DOES THE LAW DIRECTOR HAVE TO BE ABLE TO 454 STAFF OUT THINGS THAT NEED TO BE STAFFED OUT? 455 SO WE'RE ABLE TO APPROPRIATELY HAVE PEOPLE WITH EXPERTISE AT EACH STEP 456 OF A SITUATION.

457 AND I THINK THE OTHER THING THAT REALLY RESONATES FOR ME WITH THAT IS WHERE WE 458 STARTED ON THIS.

459 AND I'LL COME BACK TO THE PENALTY PHASE.

460 WHERE WE STARTED WAS FIRST AND FOREMOST, WE WANT TO RIGHT THE WRONG.

461 THE STEPS WE'VE PUT INTO THIS ORDINANCE BUILD TOWARDS THAT.

462 ONE OF THE VERY FIRST THINGS THAT CAN HAPPEN IS A COMPLAINT CAN BE FILED THAT 463 IS NEVER HEARD BY AN ARBITRATOR.

464 NEVER GOES INTO MEDIATION BECAUSE IT'S ADDRESSED, RESOLVED AND SOMEBODY PULLS 465 THE COMPLAINT.

466 ONE OF THE NEXT STEPS IS MEDIATION WITH THE PARTIES.

467 AGAIN, WITH AN OPPORTUNITY TO TRY TO FIND RESOLUTION BEFORE IT GOES FURTHER.

468 WITH THE NEXT STEP BEING A FINDING BY THE MAGISTRATE AND THE OPPORTUNITY FOR A 469 FIND.

470 THAT OPPORTUNITY FOR A FIND WAS ONE WE FELT WAS THE RIGHT ANSWER FOR 471 WORTHINGTON.

472 MR. LINDSEY MENTIONED THAT DIFFERENT CITIES HAVE DIFFERENT TAKES ON THAT.

473 MANY OF THE CITIES THAT DON'T HAVE A FINE STRUCTURE GO MORE QUICKLY TO A 474 MISDEMEANOR PENALTY STRUCTURE.

475 WE DIDN'T FEEL THAT WAS THE RIGHT TONE WE WANTED TO SEND.

476 FOR US, IF YOU WERE TO EVER RECEIVE A MISDEMEANOR PENALTY, IT'S NOT BECAUSE OF 477 THE DISCRIMINATION, IT'S BECAUSE YOU NEGLECTED TO FOLLOW THE CEASE AND DESIST 478 ORDER ISSUED BY THE CITY.

479 SO THAT'S A REALLY IMPORTANT MESSAGE I THINK ABOUT THE TONE THAT WE'RE TRYING TO 480 SET AND ABOUT WHAT WE'RE TRYING TO DO ABOUT THIS.

481 THIS ISN'T ABOUT PENALIZING PEOPLE, THIS ISN'T ABOUT MAKING IT A CRIMINAL ACT.

482 THIS IS REALLY ABOUT MAKING IT A BETTER COMMUNITY.

483 SO THANKS.

484 >> PRESIDENT B MICHAEL: 485 TIME, ENERGY AND HARD WORK WENT INTO THIS.

486 THERE HAS BEEN A LOT OF FORETHOUGHT AND BURNING MIDNIGHT OIL.

487 I WANT TO THANK THE WHOLE COMMISSION.

[00:35:01]

488 AND YOUR LEADERSHIP, MR. LINDSEY, FOR ALL THE TIME YOU HAVE PUT INTO THIS 489 VERY, VERY IMPORTANT TOPIC.

490 I DON'T KNOW HOW COUNCIL WANTS TO-- DO YOU WANT TO TAKE THIS APART RUNNING DOWN 491 THE ITEMS? 492 OR ARE THERE CERTAIN ITEMS PEOPLE HAVE QUESTIONS? 493 IF YOU HAVE SOMETHING YOU WANT TO DOES AS OPPOSED TO GOING ITEM BY ITEM DOWN WHAT 494 MR. LINDSEY JUST BRIEFED US ON.

495 NO? 496 MR. MEYERS, YOU WORKED ON THIS.

497 >> PRO TEM S MYERS: A COUPLE OF QUESTIONS.

498 THE ETHNIC INTIMIDATION THAT IS MERELY AN ENHANCEMENT TO AN EXISTING CRIMINAL 499 VIOLATION, CORRECT?

500 >> THAT IS CORRECT.

501 >> PRO TEM S MYERS: ETHNIC INTIMIDATION IS ESSENTIALLY SEPARATE FROM 539.

502 >> YES, ALTHOUGH FOR PURPOSES OF THIS ORDINANCE, I HAVE MOVED IT INTO THE 503 SAME CHAPTER.

504 >> PRO TEM S MYERS: IT DOES NOT PROVIDE AN ENHANCEMENT TO A VIOLATION OF THIS 505 CHAPTER?

506 >> CORRECT.

507 >> PRO TEM S MYERS: ETHNIC INTIMIDATION WITH A PENALTY ENHANCEMENT.

508 >> THAT IS CORRECT.

509 >> PRO TEM S MYERS: AS TO THAT, THAT WOULD GO DOWNTOWN TO BE PROSECUTED, CORRECT?

510 >> THE ETHNIC INTIMIDATION COULD BE FILED IN THE MAYOR'S COURT.

511 IF THEY WERE TO -- IN TERMS OF MINIMUM PENALTY, YES, I'M SORRY.

512 FOR THE MISDEMEANOR OF THE FIRST DEGREE WITH THE MANDATORY 10 DAYS, THAT 513 WOULD HAVE TO GO DOWNTOWN BECAUSE WE CAN'T IMPOSE -- A PERSON HAS THE RIGHT.

514 LET ME TAKE THAT BACK.

515 THE PERSON HAS A RIGHT BECAUSE JAIL TIME IT IMPOSED TO TAKE IT DOWNTOWN.

516 BUT IT DOESN'T HAVE TO BE THERE, IT'S SIMPLY THEY DETERMINE IT.

517 IF IT WAS ONLY A FINE, A MINOR MISDEMEANOR OR UNCLASSIFIED MISDEMEANOR 518 WITH FINANCIAL PENALTIES, WE HAVE THE ABILITY TO HAVE IT HERE BECAUSE THE RIGHT TO AN 519 ATTORNEY AND THE RIGHT TO A JURY TRIAL, AND PARTICULARLY THE JURY TRIAL WE CAN'T DO 520 HERE.

521 WE CAN APPOINT ATTORNEYS BUT WE CAN'T HAVE A JURY TRIAL.

522 >> PRO TEM S MYERS: I WAS HAVING A HARD TIME GOING BACK AND TRACKING THE ACTUAL 523 CODE NUMBER.

524 I THINK IT'S 53905A7.

525 THAT'S WHERE YOU TALK ABOUT THE MONEY? 526 UP TO $1,000 FOR A FIRST OFFENSE OF THE FIVE YEARS?

527 >> YES, ON PAGE 15, YES.

528 >> PRO TEM S MYERS: 529 WITHIN THE FIVE YEARS PRECEDING THE FILING OF A CHARGE THERE COULD BE A 530 $1,000 FINE?

531 >> THE INTENT OF THIS, YOU WILL NOTICE THE FOLLOWING DIDN'T MAKE SENSE TO ME.

532 SO I ADDED THE -- >> PRO TEM S MYERS: I'M NOT CERTAIN THE PRECEDING MAKES SENSE TO 533 ME.

534 >> THE NORMAL INTENT OF THIS WOULD BE IF IT WAS THEIR FIRST OFFENSE IN THE 535 FIVE YEARS PRECEDING THE FILING OF THE CHARGE.

536 IF THEY DID NOT HAVE ANY PRIOR OFFENSES WITHIN THAT.

537 SO THIS IS THE FIRST CHARGE WITHIN A FIVE-YEAR PERIOD.

538 THAT LANGUAGE PROBABLY MAKES MORE SENSE FOR THE SECOND AND THIRD SITUATIONS WHERE 539 IT'S A SECOND OFFENSE IN THE FIVE YEARS PRECEDING THE FILING OF THE CHARGE.

540 SO THE START POINT -- >> PRO TEM S MYERS: THERE IS A FIVE-YEAR LOOK BACK PERIOD?

541 >> CORRECT.

542 >> PRO TEM S MYERS: MY ONLY OTHER COMMENT ABOUT THIS ONE IS DO WE WANT TO SAY THE 543 FILING OF THE CHARGE OR THE FINDING? 544 YOU FOLLOW WHAT I'M SAYING?

545 >> YES.

546 TO THE EXTENT THAT -- >> PRO TEM S MYERS: ARE YOU USING THE FILING AS A TIME 547 LIMIT?

548 >> THAT WAS INTENDED AS A TIME LIMIT.

549 IT'S AS IT WAS ORIGINALLY PROPOSED IN TERMS OF THAT BEING THE START POINT FOR 550 THAT.

551 YOU COULD MAKE IT THE FINDING, THE CEASE AND DESIST ORDER BECAUSE THAT IS 552 THE TRIGGER FOR THE MOVING FORWARD.

553 >> PRO TEM S MYERS: AS LONG AS WE HAVE THE UNDERSTANDING THAT A CHARGE DOESN'T MEAN 554 ANYTHING UNTIL THERE IS A FINDING OF A VIOLATION.

555 THAT'S THE ONLY THING I'M SAYING.

556 >> ONCE AGAIN, I APPRECIATE THE LAWYERLY LOOK.

557 OVER THE YEARS I HAVE BEEN BLESSED WITH HAVING MULTIPLE LAWYERS ON VARIOUS COUNCILS 558 THAT I HAVE SERVED.

559 AND IT CAN BE A -- >> PRO TEM S MYERS: I'M NOT SURE HOW TO TAKE THAT 560 MR. LINDSEY.

561 562 SECOND.

563 CLARK PRITCHETT WHO WAS THE MAYOR OF UPPER ARLINGTON DURING A PERIOD AT WHICH I 564 WORKED FOR THEM WAS A SCRIVENER AT THE HIGHEST LEVEL.

565 AND WOULD -- IT WAS ALWAYS EMBARRASSING FOR ANYBODY ON THE LAW STAFF TO HAVE ANY 566 CORRECTION MADE OF OUR WORK OBVIOUSLY.

[00:40:02]

567 BUT I APPRECIATED THE THOROUGHNESS AT WHICH HE READ THINGS.

568 IN THIS REGARD, I APPRECIATE YOUR SUGGESTION BECAUSE I BELIEVE ONE ADDITIONAL 569 CHANGE, I WOULD MAKE BASED ON YOUR QUESTIONING IS PROBABLY WE SHOULD CHANGE 570 THE WORD, "CHARGE" TO, "COMPLAINT OR BY THE COMPLAINANT" OR SOME 571 CLARIFICATION THERE.

572 BUT TECHNICALLY I LOOK AT A CHARGE BEING MORE A CRIMINAL OFFENSE.

573 THEREFORE, ONE COULD BE CONFUSED IN THIS INSTANCE AS TO WHAT THAT IS.

574 WE'LL PLAY WITH THAT LANGUAGE.

575 THAT'S WHY WE'RE NOT INTRODUCING TONIGHT.

576 WE HAVE THE ABILITY TO MAKE A FEW MORE CHANGES BEFORE APRIL.

577 >> PRO TEM S MYERS: I UNDERSTAND NOW WHAT YOU ARE DRIVING AT.

578 A LOOK-BACK PERIOD.

579 THE LANGUAGE CONFUSES ME A LITTLE BIT.

580 THAT'S ALL.

581 >> THAT'S A GOOD CATCH, AND WE'LL IMPROVE UPON THE LANGUAGE.

582 >> PRO TEM S MYERS: WHEN WE LOOK OVER AT 3908, WHERE WE MAKE IT A MISDEMEANOR FOR 583 THE FAILURE TO COMPLY, THAT CONFUSED ME EVEN MORE.

584 BUT THEY ARE TWO SEPARATE AND DISTINCT THINGS.

585 WE'VE BEEN TALKING ABOUT SINCE THE BEGINNING, WHERE AND WHEN AND HOW DO WE WANT 586 TO CRIMINALIZE THIS CONDUCT.

587 AND I THINK THAT'S WHAT THE CONSENSUS WAS.

588 WE WANT TO GIVE THIS PERSON EVERY POTENTIAL OPPORTUNITY BEFORE AT THE FINAL HOUR 589 WE'LL CRIMINALIZE THE CONDUCT IF YOU ARE JUST SO RECALCITRANT THAT YOU WON'T 590 PLAY ALONG.

591 >> IN THAT REGARD, THAT'S WHY I CHOSE TO SEPARATE THE FAILURE TO COMPLY TO BE MORE 592 CLEAR THAT IS A SEPARATE CRIMINAL CHARGE THAT WOULD BE FILED.

593 >> PRO TEM S MYERS: THAT'S THE ONLY COMMENTS I HAD.

594 OTHER THAN THAT, I APPRECIATE EVERY BODY'S WORK AND I THINK WE SHOULD BE 595 PRETTY PROUD OF THIS ORDINANCE.

596 AND FOR YOUR ASSISTANCE, JACK, I APPRECIATE IT.

597 >> I WOULD ALSO SAY ONE THING RELATED TO SOME REALLY DIRECTED COMMENTS, BOTH IN 598 THIS MEETING, IN PRIOR WEEKS AND ALSO THE ONE ON ONES WITH PRESIDENT PRO TEM 599 MEYERS WAS ONE OF THE THINGS I THINK CAUSED THE C.R.C.

600 TO TAKE A STEP BACK AND REFLECT ON HOW WE WANTED TO ADJUDICATE THIS WAS ONE OF 601 THE COMMENTS THAT MR. MEYERS MADE ABOUT FIRST, WE'RE ALREADY A VERY DIFFERENT 602 GROUP THAN THE HIGH NEIGHBOR.

603 NOT THAT THERE IS ANYTHING WRONG WITH HIGH NEIGHBOR BUT WE HAVE DEFINITELY EVOLVED 604 OVER THE YEARS.

605 BUT WE DIDN'T WANT TO BE IN A SITUATION WHERE WE ARE CHANGING THE FEEL AND THE 606 FLAVOR AND THE CONTEXT OF WHAT C.R.C.

607 HAS HISTORICALLY BEEN.

608 AND ONE OF THE THINGS THAT WE WORRIED ABOUT WAS IF WE WERE IN THAT ROLE OF 609 ADJUDICATING WE WOULD CHANGE THE FLAVOR.

610 AGAIN, MR. LINDSEY MADE REFERENCE TO THE CONCEPT OF THE TYPE OF PEOPLE THAT MAY 611 BE APPOINTED.

612 THE OTHER PIECE I DON'T WANT TO GO UNNOTICED IS THE POLITICALIZED OF THE.

613 DOES IT ADD MORE WEIGHT TO THE ROLE OF C.R.C.

614 AND DOES IT WEED OUT REALLY GOOD PEOPLE WHO WOULD HAVE BEEN INTERESTED IN BEING 615 PART OF THE COMMUNITY RELATIONS COMMISSION.

616 AGAIN, SOMETIMES WE HAVE A HARD TIME GETTING THE RIGHT PEOPLE AND GETTING PEOPLE 617 ONTO ANYWAY.

618 AGAIN, I REALLY APPRECIATE THE FEEDBACK THAT'S COME.

619 ESPECIALLY FROM MR. MEYERS.

620 BECAUSE IT CHANGES THE WAY WE THOUGHT ABOUT THIS PROCESS AS WELL.

621 >> PRESIDENT B MICHAEL: 622 MR. FOUST.

623 >> D FOUST: IT'S ONE OF THOSE HOUSES WHERE WE GET THE PRINTED COPY OF THE 624 DISPATCH, DOES ANYONE AT THE DIAS KNOW? 625 THIS IS JUST A THING THAT MAKES YOU GO HMM.

626 WHEN I GET MY PACKET ON THURSDAY NIGHT, I TAKE A LOOK, A QUICK GLANCE TO SEE 627 WHAT'S THERE.

628 I SAT DOWN SUNDAY TO DO A DEEPER DIVE AND I'M LOOKING AT ALL OF THE WORK THAT'S 629 BEEN ACCOMPLISHED HERE.

630 THEN I SET IT ASIDE AND PICKED UP THE SUNDAY PAPER AND THE FRONT PAGE DEALING 631 WITH THE GAY METHODIST CLERGY MEMBER STAY DESPITE VOTE TO BAN THEM.

632 JUST INTERESTING POINT IN TIME.

633 IT WILL BE INTERESTING TO SEE WHAT IMPLICATIONS THIS HAS AS WE MOVE FORWARD WITH 634 IT.

635 >> PRESIDENT B MICHAEL: MR. ROBINSON.

636 >> D ROBINSON: NO ADDITIONAL QUESTIONS OR COMMENTS.

637 JUST AN EXPRESSION OF GRATITUDE TO C.R.C.

638 AND COUNCILMEMBER MEYERS AND TOM LINDSEY IN PARTICULAR.

639 THANK ALL OF YOU.

640 >> PRESIDENT B MICHAEL: SO I THINK IF WHAT I'M HEARING IS A FEW MINOR CHANGES 641 MIC] COMING BACK FOR

642 >> I BELIEVE TWO WEEKS.

643 >> PRESIDENT B MICHAEL: 644 I BELIEVE THERE IS ANOTHER PUBLIC OUTREACH.

645 WE'RE MEETING WITH THE CHAMBER OF COMMERCE ON THIS UPCOMING THURSDAY MORNING I 646 BELIEVE.

[00:45:01]

647 SO A ROUND TABLE CONVERSATION WITH SOME CHAMBER MEMBERS.

648 AND THERE MAY BE A MERCHANT, O.W.P.

649 MERCHANT MEETING AS WELL.

650 >> PRESIDENT B MICHAEL: 651 MANY IMPORTANT GROUPS.

652 AS I WOULD HOPE WE WOULD HAVE A PARAGRAPH TO THAT EFFECT THAT COULD GO IN THE 653 NEWSLETTER AND TO NEWSPAPER SO WHEN THIS IS WRITTEN UP IN FULL THAT SOMEBODY 654 UNDERSTANDS THE PUBLIC, THIS WAS A VERY THOROUGH, THOUGHTFUL PROCESS.

655 ALL RIGHT.

656 WELL THANK YOU VERY MUCH.

657 AND I THINK WE'RE ALL MOVING FORWARD.

658 ALL RIGHT.

659 NOW, WE'RE GOING TO MOVE ONTO COMMUNITY VISIONING.

[4.B.II. Continue discussion regarding Community Visioning]

660 MR. GREESON, MR. SMITH.

661 >> M GREESON: TURN IT OVER TO MR. SMITH.

662 >> PRESIDENT B MICHAEL: I THINK MR. SMITH.

663 AND AGAIN, I WANT TO THANK YOU BECAUSE YOU HAVE BEEN PUTTING A YEOMAN'S AMOUNT OF 664 TIME AND BURNING THE MIDNIGHT OIL TO MOVE FORWARD.

665 SO I REALLY APPRECIATE IT.

666 >> D SMITH: THANK YOU.

667 YES.

668 IT'S BEEN FUN.

669 MORE FUN TO CONTINUE IN UPCOMING.

670 AT YOUR PLACES IS THE PRINTED VERSION OF THE EMAIL I SENT OUT FRIDAY AFTERNOON 671 AT SOME POINT.

672 I THOUGHT IT WOULD BE HELPFUL TO KEEP TRACK OF, A GOING TALLY OF WHAT WE 673 ACCOMPLISHED TO THIS POINT.

674 I PUT A COMPLETED TASKS ITEMS, A RESOLUTION, THE MISSION STATEMENT AND THE 675 COMMITTEE MAKEUP AND SELECTION PROCESS.

676 AS FAR AS TAKING A CRACK AT THIS THING, I THINK WE'VE COME A LONG WAY FROM WHERE 677 WE STARTED.

678 SO TONIGHT, THAT LEADS US TO A COUPLE OF NEXT STATISTICS.

679 I WHETHER WE WANT TO TACKLE ALL OF THE THEM LISTED THERE.

680 IF WE DO, WHAT THAT WOULD DO IS GIVE US AN END GAME OF ALLOWING STAFF THE FULL 681 PACKAGE TO SUBMIT THESE JOB DESCRIPTION APPLICATION ANNOUNCEMENTS TO THE PUBLIC.

682 >> PRESIDENT B MICHAEL: LET'S MOVE HER DOWN AND SEE HOW FAR WE GET.

683 >> D SMITH: NEXT TASK IS APPLICATION REQUIREMENT IF YOU TURN TO PAGE 2, NUMBER 684 3, APPLICATION JOB DESCRIPTION.

685 THOSE CAN BE TALKED ABOUT SEPARATELY OR TOGETHER.

686 >> PRESIDENT B MICHAEL: LET'S DO ONE AT A TIME.

687 >> D SMITH: APPLICATION FOR MEMBERSHIP.

688 THERE WE GO.

689 >> COUNCILMEMBER SMITH, ARE WE WORKING OFF OF KAY'S EMAIL VERSION?

690 >> D SMITH: THEY SHOULD BE THE SAME.

691 THEY ARE THE SAME.

692 I'M GETTING A NOD.

693 >> PRESIDENT B MICHAEL: 694 MEMBERS THAT AREN'T APPOINTED DIRECTLY BY COUNCILMEMBERS.

695 >> D SMITH: THE INTENT WOULD BE FOR ANYBODY APPLYING THROUGH THE 696 APPLICATION PROCESS BY INFERENCE WOULD BE THOSE WE DO NOT DIRECTLY APPOINT.

697 I TOOK DR. MARLOWE'S FOUR QUESTIONS THAT WE'VE TOSSED AROUND QUITE A BIT THE PAST 698 HALF A YEAR.

699 AND I PUT THEM IN A BASICALLY AN APPLICATION FORMAT ALONG WITH RESUMES.

700 THAT'S WHAT THAT IS.

701 >> PRESIDENT B MICHAEL: 702 I ALWAYS THINK THAT'S A GOOD -- IT'S ALWAYS A GOOD ONE.

703 WHY DO YOU WANT TO DO IT AND SEE WHERE PEOPLE COME FROM? 704 SOME OF THIS MAYBE REDUNDANT.

705 >> D SMITH: IF WE ASK THEM ON THE PAPER COPY, WHAT ARE WE GOING TO ASK THEM IN THE 706 MEETINGS?

707 >> PRO TEM S MYERS: THAT TAKES UP BONNIE'S QUESTION.

708

709 >> PRO TEM S MYERS: I HAVE A QUESTION THOUGH.

710 WHERE DO WE SAY IN THIS WHAT THE COMMITTEE IS?

711 >> D SMITH: THAT WOULD BE DESCRIBED IN EVERYTHING TO THIS POINT AND EVERYTHING

[00:50:01]

712 WE'LL HOPEFULLY ACCOMPLISH IN THE JOB DESCRIPTION THAT'S ALL THERE.

713 >> PRO TEM S MYERS: I GUESS WHAT I WAS THINKING OF, YOU KNOW, ON THE APPLICATION 714 WOULD YOU WANT A VERY GENERAL WE ARE SOLICITING APPLICATIONS FOR PEOPLE TO 715 SERVE ON A VISIONING COMMITTEE.

716 SOMETHING REALLY, REALLY BASIC TO LET PEOPLE KNOW WHAT THEY ARE APPLYING FOR.

717 >> D SMITH: I ENVISION IT AS THAT PLUS HERE'S THE MISSION STATEMENT.

718 >> PRO TEM S MYERS: AND THAT'S COOL.

719 THE CONCERN I HAVE ABOUT THEM ANSWERING THE QUESTIONS UPFRONT, I THINK IT GOES TO 720 YOUR NEXT POINT.

721 DOES COUNCIL WANT THE COMMITTEE MEMBERS TO BE ADVOCATES OR ANALYZERS? 722 BY THE END THEY MAYBE ADVOCATES.

723 BUT AT THE BEGINNING I WOULD LIKE THEM TO BE ANALYZERS.

724 AND I'M CONCERNED IF WE ASK -- I DON'T SEE A PROBLEM WITH THE -- WE BELIEVE THE 725 GOAL OF THE VISIONING COMMITTEE WILL BE TO ANSWER THESE QUESTIONS.

726 AND WE MIGHT ASK PEOPLE IN THE INTERVIEW, WHAT DO YOU THINK ABOUT THESE QUESTIONS 727 AS OPPOSED TO -- I HATE TO HAVE THEM PREORDAIN WHAT THEIR ANSWERS ARE BEFORE WE 728 GET STARTED IF THAT'S GOING TO BE THE ULTIMATE QUESTIONS.

729 DOES THAT MAKE SENSE?

730 >> PRESIDENT B MICHAEL: I THINK ANOTHER GOOD QUESTION IS HOW WOULD YOU SUGGEST -- 731 WHAT SORT OF COMMUNITY OUTREACH YOU THINK WE NEED TO HAVE TO ACHIEVE A SOLID 732 VISIONING STATEMENT? 733 THAT'S NOT PERFECT WORDSMITHING BUT IT'S A CONCEPT OF WHAT HOW WOULD WE 734 GET THE MESSAGE OUT? 735 WHAT DO YOU THINK IS -- YOU KNOW, WHAT DO YOU THINK IS ONE OF THE WAYS TO REALLY 736 REACH OUT TO THE COMMUNITY FOR GETTING COMMUNITY INPUT TOWARDS THE VISIONING 737 PROCESS?

738 >> PRO TEM S MYERS: THE WAY, DOUG, YOU HAVE PUT THIS IN THERE, FOR EXAMPLE WHEN 739 YOU GO TO WORK TASK AND SUGGESTED SCHEDULE, RESPONSIBLE FOR DEVELOPING 740 TASKS ON COMMUNITY OUTREACH.

741 I THINK IN THE INTERVIEW THAT PROMPTS THE QUESTION.

742 DO YOU HAVE ANY IDEAS ON HOW YOU DO THAT? 743 I THINK THAT IF THIS, YOUR FORMAT PROMPTS INTERVIEW QUESTIONS.

744 SO I DON'T KNOW THAT WE NEED TO PUT THE QUESTIONS IN THE APPLICATION.

745 DO YOU FOLLOW WHAT I'M SAYING?

746 >> D SMITH: YES, I DO.

747 THAT MAKES SENSE TO ME.

748 I THINK WE TAKE YOUR FORMAT AND WE'RE GOING TO BE ABLE TO DRAFT 20 QUESTIONS OF 749 WHAT YOU GOT PRETTY EASY.

750 >> D SMITH: IN AN INTERVIEW.

751 >> PRO TEM S MYERS: FOR AN INTERVIEW.

752 RIGHT.

753 >> D SMITH: KEEPING THE APPLICATION MORE VAGUE AND BASIC.

754 WHAT DO YOU WANT TO BE INVOLVED? 755 WHAT SORT OF OUTREACH METHODS TO YOU WANT TO SEE? 756 GIVE US YOUR RESUME, SOME BACKGROUND, SUBMIT YOUR APPLICATION, DONE.

757 >> B KOWALCZYK: ALMOST BE THE FORM WE ALREADY HAVE FOR BOARDS AND COMMISSIONS, 758 WHICH WAS REALLY VERY SIMPLE.

759 WHY DO YOU WANT TO SERVE ON THIS COMMISSION AND WHAT IS YOUR BACKGROUND AND SUBMIT A 760 RESUME? 761 I AGREE WITH MR. MEYERS, IT SEEMS LIKE IT'S MORE OF AN OBJECTIVE.

762 YOU WANT AN OBJECTIVE POINT OF VIEW, NOT BRINGING THEIR VISION AS THE PURPOSE OF 763 THEM SERVING ON THE COMMITTEE.

764 I THINK HAVING JUST THAT BASIC UPFRONT APPLICATION PROCESS MAKES A WHOLE LOT OF 765 SENSE WITH US GOING THROUGH QUESTIONS BASED ON THIS.

766 THE OTHER QUESTION I HAVE IS I ASSUME THAT WHATEVER WE'VE AGREED TO WILL BE AVAILABLE 767 ONLINE ANYWAY.

768 LIKE THIS DOCUMENT.

769 SO THEY COULD FIND THAT INFORMATION EVEN THOUGH WE'RE NOT NECESSARILY 770 PUTTING IT RIGHT THERE IN THE ANNOUNCEMENT.

771 OR WE GET A LINK FROM THE ANNOUNCEMENT IF WE FEEL LIKE THAT'S HELPFUL TO THE 772 PEOPLE.

773 >> PRO TEM S MYERS: I THINK A LINK WOULD BE HELPFUL.

774 AS OPPOSED TO SORT OF GENERIC BOARDS APPLICATION THIS WOULD BE AN ENHANCED 775 ONE?

776 >> B KOWALCZYK: SURE.

777 >> PRO TEM S MYERS: BECAUSE I JUST THINK IT'S IMPORTANT TO LET APPLICANTS KNOW WE'RE 778 GOING TO ASK FOR POSSIBLY AS MUCH AS AN EVENING A WEEK OF YOUR TIME FOR THE NEXT YEAR.

779 >> B KOWALCZYK: YEAH.

780 I THINK IT'S VERY IMPORTANT THAT THEY UNDERSTAND WHAT THEY ARE SIGNING UP FOR.

781 YEAH.

782 ABSOLUTELY.

783 784 ITSELF PROBABLY ISN'T A BAD THING.

785 >> D ROBINSON: MADAM PRESIDENT, MAY I ADD MY TWO CENTS?

786 >> PRESIDENT B MICHAEL: YES.

787 >> D ROBINSON: SPEAKING TO THE ISSUE OF THE APPLICATION AND NOT THE OTHER ISSUE IN 788 TERMS OF ANALYST AND ADVOCATE, WHICH I WOULD LIKE TO TALK ABOUT LATER.

789 REGARDING THE APPLICATION ITSELF, I WOULD LIKE TO LOBBY FOR INCLUDING WRITTEN 790 QUESTIONS OF SUBSTANCE.

791 NOT ONLY BECAUSE I THINK IT WOULD HELP ME AND I PRESUME MY COLLEAGUES TO BE ABLE TO 792 REVIEW AND INTERNALIZE WHAT PEOPLE ARE SAYING BETTER THAN REVIEWING NOTES THAT I 793 SCRIBBLED DOWN IN A 10 OR 15-MINUTE INTERVIEW.

794 MORE IMPORTANTLY I THINK THE ACTIVE THINKING THROUGH QUESTIONS AND WRITING ITSELF 795 IS OFTEN A VERY SELF-REVEALING PROCESS.

[00:55:02]

796 AND I THINK IT WOULD BENEFIT THEIR APPLICANTS TO GO THROUGH THE EXERCISE OF 797 THINKING THROUGH THESE REAL BASIC QUESTIONS.

798 THAT IF I MYSELF HAD TO WRITE ABOUT THEM I THINK I WOULD CLARIFY MY OWN 799 THINKING AND DISCOVER THINGS I WASN'T EVEN AWARE OF KNOWING.

800 I WOULD URGE US TO INCLUDE A SUBSTANTIVE WRITTEN REPLIES IN THE APPLICATION PROCESS.

801 >> PRESIDENT B MICHAEL: MR. FOUST.

802 >> D FOUST: I'M CLEARLY SITTING TOO CLOSE TO MR. ROBINSON BECAUSE I'M 803 STARTING TO THINK LIKE HIM.

804 I WAS GOING DOWN THAT SAME PATH.

805 I THINK RIGHT AFTER THE QUESTION OF WHY DO YOU WANT TO BE ON THIS COMMITTEE, THE 806 NEXT QUESTION OUGHT TO BE, I'M ASSUMING WE'RE GOING TO PUT OUT BULLETS IN THE JOB 807 DESCRIPTION OR A VARIATION EXPLAINING WHAT IT IS THAT THE PURPOSE OF THIS GROUP 808 IS.

809 BUT I WOULD WANT TO ASK WHY DO YOU WANT TO BE ON IT.

810 WHAT ARE SOME OF YOUR IDEAS REGARDING HOW TO ACCESS, GAIN INPUT FROM THE ENTIRE 811 COMMUNITY AND SEE WHAT KIND OF CREATIVE IDEAS THEY COME BACK WITH.

812 I THINK THAT WILL GIVE SOME SENSE OF -- >> PRESIDENT B MICHAEL: THAT'S WHAT I WAS 813 SAYING TOO.

814 YOU HAD BETTER VERBAGE THAN I DID.

815 >> D SMITH: I LIKE THAT VERBAGE.

816 >> D FOUST: I ALSO WANT TO AND I THINK, WHAT EXPERIENCES HAVE YOU HAD 817 PREVIOUSLY THAT APPROXIMATE THIS SAME KIND OF EXERCISE IS PROBABLY A KINDER WAY OF 818 WORDING THAT.

819 WITH THE NOT THAT PAST BEHAVIOR IS ONE OF THE BETTER PREDICTORS OF FUTURE 820 BEHAVIOR.

821 >> PRESIDENT B MICHAEL: WHAT EXPERIENCES DO YOU HAVE THAT QUALIFY YOU TO SERVE ON 822 THIS COMMISSION.

823 824 DO WE WANT PREWRITTEN QUESTIONS OR WITH WHAT MR. FOUST SUGGESTED?

825 >> B KOWALCZYK: I THINK WHAT MR. FOUST HAS SUGGESTED IS IN MORE GENERIC FORM 826 ALREADY HOW WE ASK, OR OUR EXCUSE ME, OUR APPLICATION WE HAVE FOR BOARDS AND 827 COMMISSIONS WE CAN MAKE IT MORE SPECIFIC AS MR. MEYERS HAS SAID.

828 IT IS BASICALLY IT HAS PROFESSIONAL QUALIFICATIONS AND WORK EXPERIENCE.

829 YOU COULD SAY IT HAS OTHER BOARDS, COMMISSIONS ON WHICH YOU HAVE SERVED, OTHER 830 ORGANIZATIONS, PERTINENT EDUCATION.

831 HOBBIES AND INTERESTS, WE DON'T HAVE TO ASK ALL THESE THINGS.

832 BUT IT ASKS FOR A LOT OF INFORMATION.

833 AND WE CAN TWEAK IT.

834 SO I AGREE.

835 I THINK THAT THAT'S A GOOD APPROACH.

836 I'M NOT SURE WE NEED TO GET TOO SPECIFIC BECAUSE WHAT I FIND IS PEOPLE COMING INTO 837 THE INTERVIEW, THEY DON'T NECESSARILY UNDERSTAND WHAT THEY ARE GETTING INTO UNTIL 838 THEY LEAVE THE INTERVIEW AND YOU HAVE TALKED TO THEM ABOUT IT.

839 THEIR IDEAS WHEN THEY GET ARE GOING TO CHANGE FROM THE POINT WHEN THEY FILLED OUT 840 THE FORM AND THEN THEY COME IN AND HEAR WHAT THIS REALLY MEANS.

841 SO I'M NOT SURE WHAT THE VALUE IS OF THAT.

842 I DON'T SEE ANY PROBLEM IN ASKING IT.

843 I'M JUST NOT SURE IF IT'S USEFUL.

844 >> D ROBINSON: ONE OTHER THOUGHT ABOUT THESE FOUR QUESTIONS HERE AS WRITTEN, 845 WHICH IF WE DO ADOPT OR INCLUDE ANY OF THEM, I WOULD LIKE TO CRITIQUE A LITTLE 846 BIT.

847 I THINK ONE BENEFIT FOR THE FOLKS THAT DO SERVE ON THE COMMITTEE IN ANSWERING 848 QUESTIONS LIKE THIS IS IT WOULD GIVE THEM THE EXPERIENCE OF ANSWERING 849 QUESTIONS THAT THEY ARE LIKELY TO BE ASKING OF RESIDENTS.

850 AND WHETHER THEY DO IT IN THIS APPLICATION PROCESS OR THE MAJORITY DOESN'T WANT TO 851 DO THAT, I WOULD THINK AT SOME POINT EARLY IN THE COMMITTEE'S ACTIVITIES THAT 852 THEY ESSENTIALLY WOULD ANSWER SURVEY QUESTIONS THEMSELVES TO GAIN CLARITY 853 AND TO KNOW WHAT IT'S LIKE TO BE ASKED THOSE QUESTIONS.

854 >> PRESIDENT B MICHAEL: 855 I'M LOOKING AT THE QUESTIONS UNDER THREE, APPLICATION FOR MEMBERSHIP.

856 AND THEIR DIFFERENT FROM WHAT WE TALKED ABOUT EARLIER, I THINK.

857 IT'S ONE THING TO ASK THE QUESTION, WHY DO YOU WANT TO DO THIS.

858 AND TWO, WHAT ARE EXPERIENCES YOU HAVE AND IDEAS YOU HAVE HOW TO GATHER 859 THE INFORMATION.

860 THE TECHNICAL JOB SKILLS THAT THIS PERSON BRINGS TO THE TABLE ARE DIFFERENT THEN 861 ANSWERS LIKE WHAT VALUE WOULD YOU LIKE WORTHINGTON TO BE KNOWN FOR.

862 BECAUSE WHEN WE LOOK ASK A QUESTION LIKE THAT OR WHAT SENTENCE OR PHRASE WOULD YOU 863 USE TO DESCRIBE WORTHINGTON 10 YEARS FROM NOW.

864 THEN WE'RE GOING TO ASSESS WHETHER WE LIKE WHAT WE HEARD.

865 I WANT TO STAY CLEAR OF THAT AND FIND OUT WHAT THEIR BASIC TECHNICAL SKILLS ARE.

866 >> PRESIDENT B MICHAEL: THAT MIGHT NOT BE THE QUESTIONS THE COUNCIL 867 DECIDES ARE THE RIGHT QUESTIONS.

868 >> B KOWALCZYK: THESE WERE SUGGESTED FOR QUESTIONS FOR THE COMMUNITY, NOT -- THE 869 QUESTIONS THAT WERE SUGGESTED FOR APPLICATION FOR MEMBERSHIP TO THE

[01:00:03]

870 COMMITTEE IN THE ORIGINAL PROPOSAL.

871 THEY WERE ACTUALLY THE QUESTIONS WE WOULD PUT OUT TO THE PUBLIC.

872 THAT'S WHY THERE IS THAT DISCONNECT, I THINK.

873 >> PRESIDENT B MICHAEL: I THINK WE HAVE A CLEAR DIRECTION THAT WE'RE TALKING 874 ABOUT.

875 NOT HAVING PEOPLE ANSWER JUST FOUR QUESTIONS INITIALLY AND USING THE 876 EXPERIENCE AND HOW WOULD YOU 877 AND WHAT EXPERIENCE DO YOU HAVE THAT WOULD QUALIFY YOU TO SERVE ON THE COMMISSION 878 AND SOME OTHER THINGS IN THE APPLICATION.

879 >> D SMITH: IN SUMMARY, IF YOU WANTED TO JUMP IN BEFORE I PUT MY END SUMMARY ON.

880 >> D ROBINSON: ONLY I THINK BONNIE'S OPEN QUESTION OF WHY DO YOU WANT TO DO THIS.

881 WILL INVITE SUBSTANCE IF THEY WANT TO VOLUNTEER THAT WOULD BE MEANINGFUL SO I 882 THINK THAT'S GREAT.

883 >> D SMITH: IN SUMMARY, WE HAVE THE PROFORMA, BOILERPLATE APPLICATION FROM 884 THE CITY, I THINK IS WILDLY IMPORTANT, WHICH SAYS INCLUDE YOUR RESUME.

885 AND THE SUPPLEMENTAL QUESTIONS BEING WHY DO YOU WANT TO BE ON THE COMMITTEE.

886 AND THE WORDSMITHING I HEARD WAS WHAT ARE IDEAS YOU HAVE TO GATHER INSIGHTS AND 887 FEEDBACK FROM RESIDENTS.

888 AND WHAT EXPERIENCES DO YOU HAVE THAT ARE CONSISTENT AND I LOST IT.

889 >> PRESIDENT B MICHAEL: THAT QUALIFY YOU TO SERVE.

890 >> D SMITH: THAT QUALIFY YOU TO SERVE.

891 >> D ROBINSON: MAY I SUGGEST YOU SAY THE RESIDENTS AND COMMUNITY 892 AT-LARGE?

893 >> PRESIDENT B MICHAEL: 894

895 >> PRESIDENT B MICHAEL: RIGHT.

896 >> PRO TEM S MYERS: SOMEHOW REFERENCE THIS.

897 >> PRESIDENT B MICHAEL: YEAH.

898 >> PRO TEM S MYERS: TO ME, THAT WOULD BE ONE OTHER QUESTION IN THE INTERVIEW.

899 DID YOU READ THIS? 900 YOU KNOW?

901 >> D FOUST: AS I THOUGHT ABOUT THE APPOINTMENT THAT I WOULD MAKE, MY SOLE 902 APPOINTMENT AS A COUNCILMEMBER, AND I THOUGHT ABOUT HOW THERE ARE PEOPLE I 903 THOUGHT ABOUT THAT MIGHT BE LIKELY CHOICES.

904 AND I'M GLAD TO SEE THAT THE QUALIFICATION IS 90 MINUTES POTENTIALLY EACH WEEK.

905 IT IS A BIG ASK OF ANYBODY WE WANT TO DO THIS.

906 DO WE WANT TO TRY TO PUT SOME OUTER CONSTRAINT TO SAY WE'RE ANTICIPATING MEETINGS 907 NOT TO EXCEED? 908 THIS GROUP COULD GET GOING AND SIT FOR THREE HOURS AND FEEL LIKE THEY ARE ON A.R.B.

909 OR SOMETHING AND GOD KNOWS WE DON'T WANT THAT.

910 >> D SMITH: I THINK THAT'S WHERE THE FACILITATOR JUMPS IN AND HELPS GUIDE THAT 911 TIMEFRAME.

912 >> D ROBINSON: LET THEM SELF-GOVERN.

913 THEY MAY LOVE THREE-HOUR MEETINGS.

914 >> D FOUST: THAT'S A TOUGH ASK.

915 >> PRESIDENT B MICHAEL:

916 >> D SMITH: AGAIN, THIS JOB DESCRIPTION WAS A MASH-UP OF MY ORIGINAL JOB DESCRIPTION 917 FROM A COUPLE OF MONTHS AGO AND DR. MARLOWE'S JOB DESCRIPTION.

918 I AGAIN, THOUGHT IT WAS HELPFUL FOR ANYBODY APPLYING TO KEEP THOSE KIND OF 919 SPECIFIC TIME COMMITMENT, HYPOTHETICALS IN THERE TO GIVEN AN IDEA OF WHAT THAT 920 MIGHT LOOK LIKE AS FAR AS TIME CONSTRAINTS AND WHAT NOT.

921 I IMAGINED THIS WOULD BE A LINK FROM THE APPLICATION ITSELF ON THE WEBSITE OR 922 EMAIL THAT ANY APPLICANT THAT IS INTERESTED CAN LOOK AT IT JOB DESCRIPTION AND 923 READ THROUGH IT.

924 >> B KOWALCZYK: I WANT TO MENTION THAT 925 THEIR WORK SO IT DOESN'T SEEM TOO DAUNTING.

926 >> D SMITH: THAT IS ADDED.

927 IF YOU GIVE ME A SECOND I CAN -- >> D FOUST: IT'S THE MIDDLE OF PAGE 3.

928 SINGLE SENTENCE.

929 COMMITTEE WILL WORK WITH PROFESSIONAL SLATE OR TIMES AGREED UPON BY THE COMMITTEE 930 AND FACILITATOR.

931 >> D SMITH: THANKS.

932 >> D ROBINSON: SOMEWHAT SPECIFIC COMMENT UNDER COMMITTEE PURPOSES.

933 THE LAST BULLET POINT CURRENTLY READ, PROVIDE NON-MAJORITY AND 934 NON-CONSENSUS VIEWPOINTS AND ANCILLARY DOCUMENTS TO COMPANY CONSENSUS DOCUMENTS.

[01:05:01]

935 IT SEEMS IF WE HAVE MULTIPLE DOCUMENTS AND I LIKE THE IDEA VERY MUCH THAT I THINK 936 THE COMMITTEE MEMBERS TO, IF THEY WANT TO ADVOCATE THAT THEY SHOULD FEEL FREE TO DO 937 SO.

938 I WOULD LIKE TO KNOW WHAT THEY THINK.

939 THEY WILL HAVE GONE THROUGH A RIGOROUS PROCESS.

940 BUT THEY WOULD BE IN THE FORM OF ANCILLARY DOCUMENTS.

941 THEN THAT WE NOT EXPECT THE ENTIRE COMMITTEE TO BE ABLE TO PRODUCE A SINGULAR 942 EXPRESSION OF WHAT THEY ALL THINK.

943 THAT LEADS ME TO THE POINT AT THE END WHEN IT SAYS, IN AN HEAR DOCUMENTS TO 944 ACCOMPANY CONSENSUS DOCUMENTS, I DON'T KNOW IF WE SHOULD SAY TO ACCOMPANY 945 CONSENSUS DOCUMENTS BUT RATHER PRIMARY DOCUMENTS.

946 ALMOST BY DEFINITION IF WE HAVE NON-CONSENSUS ANCILLARY DOCUMENTS THEN WE DON'T HAVE 947 A CONSENSUS DOCUMENT, WE HAVE PRIMARY DOCUMENTS AND ANCILLARY DOCUMENTS.

948 >> D SMITH: I ENVISION THIS AS THE SUPREME COURT AND EVERYBODY GETS AN OPINION 949 AND EVERYBODY GETS TO STATE THEIR OPINIONS AND DISSENT.

950 HOWEVER, WE WANT THE WORD, PRIMARY SUITS THE PURPOSE I THINK IF EVERYBODY IS OKAY 951 WITH THAT.

952 >> D FOUST: THIS BRINGS UP -- I'M SORRY -- DID YOU WANT TO -- >> B KOWALCZYK: I 953 KIND OF ENVISIONED THIS AS A REPORT WHICH PROVIDED BOTH THE CONSENSUS, WHAT THE 954 FINDINGS WERE IN TERMS OF THE MAJORITY VIEWPOINT AND WHAT OTHER VIEWPOINTS WERE 955 IN A WHOLE REPORT.

956 I'M NOT SURE IF WE NEED TO INCLUDE ANCILLARY DOCUMENTS AS PART OF THE STATEMENT OR 957 NOT.

958 >> D SMITH: I THINK SOMETIMES IN THESE TYPES OF GROUP COMMITTEES AND 959 BUILDING CONSENSUS AND WHAT NOT, THE CONSENSUS DOCUMENT BECOMES THE ONLY THING THAT 960 IS THE REPORT.

961 SO I JUST WANTED TO CLARIFY THAT IT SHOULD BE A COMPREHENSIVE.

962 HOWEVER, IT GETS ACROSS THAT ALL VIEWPOINTS SHOULD BE INCORPORATED COMPREHENSIVELY 963 AS A DOCUMENT AS OPPOSED TO JUST A CONSENSUS.

964 >> D FOUST: I'M STRUGGLE WITH THE WORD, CONSENSUS, A LITTLE BIT.

965 FROM THE STANDPOINT THAT THERE ARE TWO WAYS YOU CAN TAKE IT.

966 IS IT WE'RE LOOKING FOR THE GROUP TO GAIN CONSENSUS ON WHAT THEY AS A GROUP OF 13 967 BELIEVE AMONGST THEMSELVES AND THEIR PREFERENCES? 968 OR ARE WE LOOKING TO GAIN CONSENSUS ON AN ASSESSMENT OF WHAT I SEE AS THEIR JOB, 969 WHICH IS TO DO OUT WHAT 14,000 PEOPLE THINK.

970 >> PRO TEM S MYERS: THAT'S THE POINT.

971 THAT'S WHAT THEIR JOB IS.

972 THEY ARE GOING TO BECAUSE OF THAT EXPERIENCE, EACH MEMBER IS GOING TO FORM THEIR OWN 973 PERSONAL OPINION.

974 BUT I AM MORE CONCERNED ABOUT WHAT THE COMMUNITY'S OPINION IS THEN WHAT ANY 975 INDIVIDUAL MEMBER IS.

976 IF AN INDIVIDUAL MEMBER WANTS TO SAY, THE SURVEYS, THE PUBLIC MEETINGS, 977 EVERYBODY HAVE SAID THE COMMUNITY BELIEVES IN THIS, THE ANSWER SHOULD BE THIS.

978 THERE WAS ALSO A SIGNIFICANT MINORITY OPINION WHICH FELT THIS.

979 THAT'S THE WAY -- BUT IT SHOULD NOT BE I THINK THEY ARE ALL WRONG.

980 I'M A MEMBER OF THE COMMITTEE.

981 I THINK IT OUGHT TO BE THIS WAY.

982 I DON'T WANT THE COMMITTEE TO GET INTO THAT DISCUSSION.

983 >> D FOUST: ARE THEY A STEERING COMMITTEE OR A TASK FORCE? 984 I THINK THEY ARE TECHNICIANS, A TASK FORCE TO GO OUT AND GATHER 985 INFORMATION.

986 NOTHING MORE OR LESS THAN THAT.

987 >> PRO TEM S MYERS: RIGHT.

988 >> PRESIDENT B MICHAEL: 989 DOCUMENT? 990 I DON'T KNOW WHAT THAT MEANS, WHAT DO YOU MEAN BY THAT?

991 >> D SMITH: AN ADDENDUM.

992 >> PRO TEM S MYERS: OKAY.

993 YOU ARE TALKING ABOUT A DISSENTING OPINION IS KIND OF WHAT YOU ARE TALKING 994 ABOUT?

995 >> D SMITH: YEAH.

996 >> PRO TEM S MYERS: OKAY.

997 >> D SMITH: ALL THE DOCUMENTS, MAYBE THERE IS BETTER WORDING TO DO THIS 998 BUT, INCLUDING EVERYTHING.

999 JUST WHAT YOU SAID.

1000 >> B KOWALCZYK: COMPREHENSIVE.

1001 I'M WONDERING IF WE SAY WE WOULD LIKE A COMPREHENSIVE ANALYSIS OF THE DATA THAT IS 1002 COLLECTED.

1003 AND SHOWING, YOU KNOW, WHERE THE COMMUNITY, THE MAJORITY OF THE COMMUNITY'S VISION 1004 LIES.

1005 BUT WE WANT TO SEE THE ENTIRE ANALYSIS.

1006 SO PROVIDE A COMPREHENSIVE ANALYSIS.

1007 >> D SMITH: FROM DATA PUBLICLY COLLECTED.

1008 >> PRO TEM S MYERS: THE MAJORITY AND SIGNIFICANT MINORITY POSITIONS.

1009 I DON'T KNOW WHAT YOU CALL IT.

1010 >> B KOWALCZYK: YEAH.

1011 WHAT DOES THE DATA SHOW?

1012 >> PRESIDENT B MICHAEL: IF ONE PERSON HAS ONE VIEW, YOU DON'T WANT TO HAVE EVERYBODY

1013 -- THE MOTHER AND MINORITY -- >> PRO TEM S MYERS: SIGNIFICANT DISSENTING OR 1014 SIGNIFICANT MAJORITY POSITIONS OR SOMETHING LIKE THAT.

1015 BUT I THINK FROM -- >> D ROBINSON: FROM WITHIN THE COMMUNITIES.

1016 >> PRO TEM S MYERS: I THINK ALL SIX HIT IT ON THE HEAD.

1017 WE WANT THE -- YOU TO CHRONICLE THE DATA BACK TO US.

1018 ULTIMATELY, WE'LL MAKE THE DECISION AS TO WHAT WE ACCEPT IN THE REPORT AND 1019 WHAT WE DON'T.

1020 >> D SMITH: PROVIDE A COMPREHENSIVE ANALYSIS FROM DATA PUBLICLY COLLECTED, 1021 INCLUDING MAJORITY AND SIGNIFICANT MINORITY VIEWS.

[01:10:26]

1022 >> PRESIDENT B MICHAEL: I THINK THAT WORKS.

1023 YEAH.

1024 I THINK THAT WORKED GOOD.

1025 COMING DOWN.

1026 ANYTHING ON THE OPERATIONAL REQUIREMENTS? 1027 TIMEFRAME AND SCHEDULING?

1028 >> PRO TEM S MYERS: 1029 WHEN YOU START -- WHEN WE SAY WE EXPECT 90 MINUTES ONCE A WEEK, I WANT TO MAKE 1030 SURE THAT THEY UNDERSTAND THAT THAT'S NOT A HARD AND FAST RULE.

1031 THAT THE COMMITTEE WILL DECIDE WHAT THE MOST EFFECTIVE PROCESS IS.

1032 >> D SMITH: UNDER TIME COMMITMENT, WHICH IS PAGE 4, IT'S THERE FIRST PARAGRAPH.

1033 THE COMMITTEE'S RESPONSIBILITY TO DETERMINE FREQUENCY AGENDAS SPECIFIC 1034 TASKS AND SO ON.

1035 >> PRO TEM S MYERS: ALL RIGHT.

1036 THEN THAT'S COOL.

1037 OKAY.

1038 >> D SMITH: AN IDEA IS IT'S NOT UNREASONABLE TO THINK A COMMITTEE WILL MEET FOR A 1039 SECOND SECTION.

1040 >> PRESIDENT B MICHAEL: COMMITTEE MEMBER ATTRIBUTES.

1041 >> D SMITH: THOSE ARE STRAIGHT FROM DR. MARLOWE'S LIST OF ATTRIBUTES.

1042 >> D FOUST: GOT NO ISSUE WITH THAT.

1043 >> PRESIDENT B MICHAEL: COMMITTEE CHAIR.

1044 AND COMMITTEE VICE CHAIR.

1045 1046 I'M THINKING THIS JOB DESCRIPTION WOULD BE BY ITSELF AND IF WE'RE GOING TO 1047 HAVE SOME OTHER ADDITIONAL GENERAL INFORMATION THAT'S WHERE SOMETHING LIKE THIS 1048 WOULD FALL IN?

1049 >> D SMITH: THE IDEA WITH THIS WAS SIMPLY CONTEXT.

1050 AND AGAIN, I'LL USE THE WORD, ANCILLARY DOCUMENT.

1051 THAT'S WHAT I THOUGHT THIS WOULD BE.

1052 IF SOMEBODY WANTED TO READ HOW WE GOT TO THIS POINT AND WHY WE'RE ASKING PEOPLE TO 1053 DO THIS.

1054 THE GENERAL BACKGROUND GIVES THEM THAT ANSWER.

1055 >> PRESIDENT B MICHAEL: RIGHT.

1056 AND THE RESOLUTION.

1057 >> D SMITH: AND THE RESOLUTION.

1058 >> PRESIDENT B MICHAEL: OKAY.

1059 >> D ROBINSON: I THINK IT ALSO MAKES THE IMPORTANT STATEMENTS ABOUT COUNCIL'S 1060 POSITION AND ROLE IN THIS PROCESS.

1061 AND I DON'T KNOW IF YOU DO THAT ANYWHERE ELSE BUT I THINK IT'S IMPORTANT TO 1062 STATE.

1063 >> D SMITH: I TRIED TO KEEP THIS POINT IN FACTS AS POSSIBLE.

1064 BUT THERE IS A LITTLE BIT OF RETALLINESS, SUBJECTIVELY.

1065 I THOUGHT EVERYBODY WOULD BE OKAY WITH THAT, CORRECT ME IF I'M WRONG.

1066 >> B KOWALCZYK: MY ONLY QUESTION IS AND I APOLOGIZE I HAVEN'T READ THROUGH THE 1067 ENTIRE DOCUMENT, DOES THIS MOSTLY MIRROR WHAT'S IN OUR R.F.P., WHICH HAS A STORY 1068 ABOUT WHY WE'RE DOING THIS? 1069 WE DON'T WANT TO BE IN CONFLICT WITH THAT.

1070 >> D SMITH: I WOULD CALL IT A LITTLE MORE ROBUST THAN THE R.F.P.

1071 >> D FOUST: IF WE COULD REWIND BRIEFLY TO PAGE 4.

1072 WE IDENTIFY COMMITTEE CHAIR, VICE CHAIR.

1073 COMMITTEE CHAIR WOULD MAKE REFERENCE TO REVIEW MEETING MINUTES TO ENSURE ACCURACY.

1074 WE HAVEN'T CREATED THE ROLE OF A SECRETARY HERE AND I THINK WE WANT TO DO THAT.

1075 UNLESS WE'RE EXPECTING THE CHAIR TO RECORD THEIR OWN MINUTES.

1076 >> PRESIDENT B MICHAEL: I WAS THINKING THAT STAFF WOULD BE DOING THE MINUTES.

1077 AND PERHAPS IF WE DO HAVE A SECRETARY, THEY WILL BE REVIEWING THE MINUTES THAT 1078 THE STAFF WRITES UP.

1079 IF YOU ARE ASKING PEOPLE TO PARTICIPATE IN MEETINGS AND THEN TAKE THE TIME TO TYPE 1080 UP ALL OF THE MINUTES, THAT BECOMES PRETTY ONEROUS.

1081 IF YOU HAVEN'T BEEN A SECRETARY OF SOME OF THE ORGANIZATIONS, YOU DON'T 1082 REALIZE HOW CRAZY IT CAN BE.

1083 BUT YOU PROBABLY HAVE DONE THAT.

1084 >> D FOUST: WELL, I'M WONDERING ABOUT THE BURDEN ON STAFF.

1085 AND IF THIS IS ANOTHER 90 MINUTES IN THE EVENING ON A WEEKNIGHT THAT IF WE'RE 1086 LOOKING TO STAFF TO DO THIS, I MEAN, I'M LOOKING TO MATT BUT I THINK WE NEED GUIDANCE 1087 AS TO WHETHER 1088 IS IT AN HOURLY PERSON?

1089 >> WE'RE GOING TO HAVE TO FIGURE IT OUT.

1090 I MEAN MOST OF US ON THIS SIDE OF THE TABLE CUT OUR TEETH STAFFING COMMITTEES 1091 LIKE THIS.

1092 IT'S AKIN TO CHARTER REVIEW.

1093 AND WHEN WE WENT THROUGH THAT PROCESS AND HAD TO STAFF IT, IT WILL REQUIRE A 1094 LOT OF SUPPORT.

[01:15:02]

1095 AND I THINK THAT'S OUR JOBS.

1096 I THINK THAT'S NORMAL THROUGH THESE TIME LIMITED PROJECTS.

1097 AND THEN ULTIMATELY, WE HAVE THE OBLIGATIONS OF, LEGAL OBLIGATION TO BE THE KEEPER 1098 OF THE RECORD.

1099 WE HAVE TO FULFILL THAT.

1100 >> PRESIDENT B MICHAEL: 1101 SECRETARIES OR STAFF DOES THE MINUTES AND APPROVED BY THE COMMISSION, LIKE WE DO 1102 ON THE COUNCIL MEETINGS.

1103 >> M GREESON: RIGHT.

1104 WE DO THAT FOR ALL OF OUR BOARD AND COMMISSION MEETINGS.

1105 THIS WOULD BE-- I MEAN THERE IS A MINUTE TAKER AT EVERY -- >> PRESIDENT B MICHAEL: 1106

1107 >> M GREESON: WHETHER IT'S BIKE PAD OR PARKS AND REC, WE HAVE A STAFF MEMBER 1108 TAKING MINUTES, AND THERE TO STAFF THE MEETINGS IN GENERAL AND ISSUE AGENDAS, 1109 MAKE SURE THEY ARE PROPERLY ADVERTISED AND THE RECORD IS KEPT IN COMPLIANCE WITH THE 1110 LAWS.

1111 >> 1112 DOUG, BUT ALSO GOT THROWN AWAY, I ACTUALLY PUT IN THAT THIS COMMITTEE WOULD BE RUN 1113 PURSUANT TO THE OPENINGS MEETING AND PUBLIC RECORDS LAW.

1114 THAT WOULD BE APPLICABLE LIKE ANY OTHER BOARD OF COMMISSION, THIS IS A PUBLIC 1115 BODY.

1116 AND BOTH OF THOSE LAWS WOULD APPLY AND PROPER NOTICE TO MEETINGS.

1117 I THINK WE PROBABLY DON'T NEED TO PUT IT IN THERE, THAT IS A GIVEN.

1118 >> M GREESON: BECAUSE WE DO THAT EVERY WEEK, WE WOULD NOT PUT THAT OBLIGATION ON A 1119 VOLUNTEER.

1120 IT'S THE CITY'S OBLIGATION.

1121 >> PRO TEM S MYERS: IT IS OUR OBLIGATION TO MAKE SURE WE CAN FIND 1122 GREESON: IN TERMS OF COST, I MEAN I THINK ULTIMATELY THERE MAY BE OVERTIME COSTS 1123 ASSOCIATED WITH THESE KINDS OF THINGS.

1124 AND THERE WILL BE ONCE WE GET OUR RESPONSES TO THE R.F.P.

1125 THERE WILL BE A SUPPLEMENTARY APPROPRIATION THAT WE'LL BRING FORWARD TO 1126 HELP BRING A BUDGET TO THIS PROJECT.

1127 >> D ROBINSON: ARE THE RESPONSIBILITIES OF -- WILL THERE BE A SECRETARY OR YOU 1128 ARE SAYING THERE WILL NOT BE AND IT WILL BE A STAFF RESPONSIBILITY WHO WILL BE 1129 THE GENERATOR OF MINUTES?

1130 >> PRESIDENT B MICHAEL: 1131 PUT TOGETHER PROPERLY.

1132 AND I ENVISION THE COMMISSION WOULD REVIEW AND APPROVE THE MINUTES LIKE THE 1133 OTHER BOARD AND COMMISSIONS DO.

1134 THE MINUTES GET SENT OUT AHEAD OF TIME, LIKE THE COUNCIL MEETINGS YOU HAVE 1135 TIME TO READ, REVISE AND APPROVE.

1136 THIS WOULD BE ALL OF THE COMMISSION TAKES OWNERSHIP OF THE QUALITY OF WHAT IS IN 1137 THE MINUTES.

1138 >> D ROBINSON: THANK YOU.

1139 THE ONLY THING YOU SAID THAT I WOULD LIKE TO FOLLOW-UP ON, WOULD BE THE GENERATING 1140 OF THE AGENDA.

1141 I THINK THAT SHOULD RESIDE WITHIN THE COMMITTEE.

1142 >> PRESIDENT B MICHAEL: I WAS NOT SAYING GENERATING.

1143 BY GENERATING, I MEANT SENDING IT OUT.

1144 IT WOULD BE IF PUT TO COUNCIL, MR. GREESON AND I WILL DETERMINE WHAT GOES ON 1145 THE AGENDA.

1146 AND MR. BARNHARDT OR KAY THRESS, ONE OF THEM GET IT OUT.

1147 AND SO IT'S THEIR RESPONSIBILITY TO GET THE AGENDA OUT OR GET THE AGENDA 1148 PREPARED BASED ON WHAT THE CHAIR AND VICE CHAIRMAN OF THE COMMISSION WANT TO SEE 1149 ON THE AGENDA.

1150 >> D ROBINSON: THANK YOU.

1151 >> PRESIDENT B MICHAEL: YOU

1152 >> PRESIDENT B MICHAEL: I THINK THE -- THAT'S WHAT THE STAFF PERSON'S 1153 RESPONSIBILITY WOULD BE, COMPLYING THE AGENDA BASED ON THE DIRECTION FROM THE 1154 CHAIRMAN AND VICE CHAIRMAN.

1155 >> B KOWALCZYK: THIS DOESN'T PRECLUDE THE COMMITTEE FROM CREATING 1156 OTHER APPOINTMENTS.

1157 >> PRESIDENT B MICHAEL: SUBCOMMITTEES.

1158 >> B KOWALCZYK: OFFICERS OR WHATEVER THEY NEED TO GET THINGS MOVING.

1159 SO THAT'S -- I JUST WANTED TO POINT THAT OUT AS WELL.

1160 >> PRESIDENT B MICHAEL: THE VICE CHAIRMAN EVEN MANAGES SUBCOMMITTEES STRUCTURE.

1161 SO THAT EVEN OPENS THE DOOR RIGHT THERE, THE IDEA OF HAVING SUBCOMMITTEES.

1162 >> D FOUST: WHEN YOU THINK ABOUT IT, WITH THIS BEING AN ADVANCED PUBLIC NOTICED 1163 MEETINGS AND SUCH, I'M THINKING THESE MEETINGS COULD DRAW A BIGGER CROWD 1164 THAN WE DO.

1165 BUT THEN YOU LOOK AT THE EMPTY GALLERY, THAT'S A LOW BAR.

1166 MAYBE THE PUBLIC WOULD WANT TO SIT AND WATCH THE GOINGS ON.

1167 >> PRESIDENT B MICHAEL: IF THE MEETINGS ARE HELD IN THIS ROOM, IT CAN BE LIVE 1168 STREAMED AND THOSE PEOPLE WHO CAN'T ATTEND CAN STILL ATTEND.

1169 >> D SMITH: CAN WE DO THAT? 1170 1171 MONEY.

1172 >>

1173 >> B KOWALCZYK: IT WAS A THOUGHT.

[01:20:03]

1174 >> PRO TEM S MYERS: IT'S A GOOD THOUGHT.

1175 GOOD THOUGHT.

1176 BUT I DON'T WANT LIKE SPENDING MORE OF SCOTT'S MONEY THAN I HAVE TO.

1177 >> PRESIDENT B MICHAEL: MOVING THROUGH HERE.

1178 WE'VE DECIDED THE GENERAL BACKGROUND AND THE RESOLUTION WOULD BE AN 1179 ATTACHMENT.

1180 IS THERE ANYTHING ELSE? 1181 WHAT I'M SEEING IS JUST DUPLICATION OF WHAT WE HAVE JUST GONE OVER.

1182 >> D SMITH: THE ONLY OTHER ACTION ITEM, I MEAN WE HAVE ACCOMPLISHED, HEY, 1183 CONGRATULATIONS WE ACCOMPLISHED THE THREE TASKS.

1184 THE ONLY OTHER ACTION ITEM WOULD BE TO COMPILE THIS IS A FORMAL DOCUMENT DO 1185 DISTRIBUTE OUT TO THE PUBLIC THROUGH AN ANNOUNCEMENT, SOLICITATION FOR 1186 APPLICATION.

1187 >> PRESIDENT B MICHAEL: DO WE HAVE A VOLUNTEER, MR. SMITH?

1188 >> D SMITH: I WOULD BE HAPPY TO DO THAT.

1189 >> PRESIDENT B MICHAEL: TO DO A DRAFT? 1190 TO SEND TO SCOTT AND THE COUNCIL?

1191 >> D SMITH: THAT WOULD BE EASY.

1192 AND MAYBE WE CAN VOTE ON THAT NEXT WEEK.

1193 >> PRESIDENT B MICHAEL: WOW, YOU ARE FAST.

1194 BURNING THE MIDNIGHT OIL.

1195 >> D SMITH: LET'S DO IT.

1196 >> PRESIDENT B MICHAEL: OKAY.

1197 1198 THAT WAS ATTACHED.

1199 ANY THOUGHTS ABOUT THAT?

[4.C.I. Look Ahead Agenda Executive Summary: This agenda item lists topics that are expected to come before City Council in the next month.]

1200 MR. GREESON, DO YOU WANT TO SAY ANYTHING?

1201 >> M GREESON: THE RETREAT WE PROMISED YOU THAT WE WOULD START TO DEVELOP THIS 1202 TO FORECAST WHAT WE SEE COMING IN THE UPCOMING MONTH.

1203 I'M SURE IT'S NOT EXHAUSTIVE AT THIS POINT.

1204 BUT THIS IS OUR BEST ESTIMATION OF THE ITEMS THAT WE'RE WORKING ON AND WE'LL 1205 BRING FORWARD TO YOU IN THE COMING MONTHS.

1206 MAYBE A COUPLE OF THINGS THAT POP UP IN THE MANAGEMENT OF THE LOCAL 1207 GOVERNMENT.

1208 MADAM PRESIDENT, BEFORE WE GOT OFF OF THE VISIONING TOPIC, I ALSO WANTED TO 1209 SHARE AND IF YOU DON'T MIND, WHERE I CAN DO UNDER MY OTHER ITEMS, THE DRAFT 1210 SCHEDULE FOR THE CONSULTANT SELECTION.

1211 BUT WE CAN DO THAT ON THE OTHER ITEMS. 1212 I WOULD BE GLAD TO ANSWER ANY QUESTIONS YOU HAVE ABOUT THE LOOK FORWARD AGENDA.

1213 I'M NOT PREPARED TO GET IN DEPTH IN ANY OF THESE TOPICS BUT I DO THINK THESE ARE THE

1214 ONES -- >> PRESIDENT B MICHAEL: 1215 AND THEN WE'LL PREPARE THEM FOR AGENDAS.

1216 BUT IF ANY ARE TOTALLY FOREIGN TO YOU, WE WANT TO MAKE SURE YOU ARE 1217 CONCEPTUALLY AWARE OF WHAT THEY ARE.

1218 >> D SMITH: BASED ON THE RETREAT, I WANT TO ENCOURAGE YOU TO CONTINUE THIS, HAVE 1219 IT AND THANK YOU FOR DOING IT.

1220 >> M GREESON: OUR PLEASURE.

1221 WE MAY EVOLVE THIS FORMAT OVER TIME.

1222 THIS IS JUST A HEY, LET'S GET ONE OUT AND GET A PROCESS STARTED WHERE WE'RE 1223 COLLECTING THIS.

1224 AND WE MAY TURN IT INTO A DIFFERENT FORMAT OVER TIME.

1225 >> PRESIDENT B MICHAEL:

1226 >> PRESIDENT B MICHAEL:

1227 >> D ROBINSON: MR. GREESON.

1228 >> M GREESON: YES, SIR.

1229 >> D ROBINSON: DO YOU HAVE A SENSE WHEN WE MIGHT GET AN UPDATE OVERVIEW ON EAST 1230 WILSON BRIDGE ROAD PLEASE?

1231 >> M GREESON: ON EAST WILSON BRIDGE ROAD OR WILSON BRIDGE ROAD AS A WHOLE?

1232 >> D ROBINSON: AS A WHOLE.

1233 >> M GREESON: YEAH.

1234 LET ME -- I THINK WE'RE TARGETING THE MAY COMMITTEE OF THE WHOLE MEETING AS A 1235 STAFF TO DO A FAIRLY ROBUST PRESENTATION ON WILSON BRIDGE ROAD AS A WHOLE.

1236 BECAUSE WE WANT TO TACKLE, NOT JUST ONE FACET OF IT, BUT KIND OF TAKE THE WILSON 1237 BRIDGE ROAD PLAN AND DISSECT WHAT WE HAVE ACCOMPLISHED, WHAT HASN'T BEEN 1238 ACCOMPLISHED AND COVER THE CAPITAL PROJECTS AS WELL AS ECONOMIC DEVELOPMENT RELATED 1239 INITIATIVES.

1240 AND TRY TO PAINT A WHOLE PICTURE, AS WELL AS TALK ABOUT OPPORTUNITIES THAT 1241 MAYBE AHEAD OF US THAT WEREN'T CONTEMPLATED IN THE ORIGINAL PLAN.

1242 IT'S A LITTLE BIT OF AN EFFORT.

1243 AND SO WE PUT IT A COUPLE OF MONTHS OUT.

1244 THE OTHER THING WE'RE WORKING ON AS A STAFF AS A FOLLOW-UP TO THE RETREAT IS 1245 WHAT I WOULD CALL, AND WE MAY DO A LITTLE INTERNAL DEPARTMENT DIRECTOR 1246 SUBRETREAT, IF YOU WILL.

1247 WE'RE REALLY CHALLENGED TO TAKE ON ALL THESE PRIORITIES AT ONCE.

1248 AND INTEGRATE THE NEW PRIORITIES AND VISIONING IN WITH ALL OF THE OTHER THINGS 1249 WE'RE DOING.

1250 WE WANT TO DEVELOP A SEQUENCING PLAN.

1251 YOUR REQUEST WAS TO DEVELOP A PRESENTATIONS AND AGENDA TOPICS FOR EACH OF THE SEVEN

[01:25:09]

1252 PRIORITIES AND PUT THOSE ON COMMITTEES OF THE WHOLE.

1253 WELL, TO DO THAT WE NEED TO SEQUENCE OUT WHICH TOPIC WE'RE BRINGING AND AT WHAT 1254 COMMITTEE OF THE WHOLE MEETING.

1255 SO WE'RE DEVELOPING THAT PLAN AND WE'LL SHARE IT WITH YOU NEXT MONTH TO MAKE SURE 1256 WE'RE REFLECTING YOUR PRIORITIES THE RIGHT WAY.

1257 >> D ROBINSON: THAT UPCOMING REPORT SOUNDS OUTSTANDING.

1258 I TRULY AM IN A STATE OF ANTICIPATION.

1259 THANK YOU.

1260 >> PRESIDENT B MICHAEL: OKAY.

1261 MR. GREESON, DO YOU HAVE ANYTHING ELSE?

1262 >> M GREESON: A FEW THINGS.

1263 FIRST OF ALL, ON THE TOPIC OF COMMUNITY VISIONING, WE MADE THE REVISIONS TO THE 1264 R.F.P.

1265 MR. BARNHARDT HAS BEEN ABLY COLLECTING DEVELOPING A CONSULTANT ROSTER FOR LACK 1266 OF A BETTER TERM.

1267 OUR GOAL IS TO GET THAT OUT AS EARLY AS TOMORROW.

1268 BECAUSE WE HAVE BEEN TRYING TO DEVELOP A PRETTY ROBUST LIST.

1269 SO WE INQUIRED OF OTHER ENTITIES WHO THEY HAVE USED, WHAT THEIR ROSTER LOOKED 1270 LIKE.

1271 WE'RE GOING TO TALK ABOUT DISTRIBUTING THAT AND SET A DEADLINE TENTATIVELY FOR 1272 MARCH 27 FOR QUESTIONS DUE OF CONSULTANTS.

1273 YOU WILL RECALL THE R.F.P.

1274 REQUIRES PEOPLE TO SUBMIT QUESTIONS IN WRITING SO WE CAN ANSWER THOSE FOR 1275 EVERYONE.

1276 AND THEN WE WOULD DISTRIBUTE RESPONSES TO THOSE QUESTIONS APRIL 3.

1277 THERE IS ONE COUNCIL MEETING IN BETWEEN IF THERE IS ANYTHING THAT STAFF CAN'T 1278 ANSWER WE WOULD HAVE A COUNCIL MEETING WHERE YOU COULD HELP US ANSWER ANY OF 1279 THOSE QUESTIONS THEY MAY ARISE.

1280 WITH PROPOSALS DUE ON APRIL 10, AND DISTRIBUTION OF ALL THE PROPOSALS TO YOU AFTER 1281 THAT.

1282 AT YOUR APRIL 15 MEETING WE COULD DISCUSS APPOINTING A COUPLE OF COUNCILMEMBERS TO 1283 SEV ON A -- YOU TALKED ABOUT HAVING A BLEND OF STAFF AND COUNCIL COMMITTEE TO SCREEN 1284 THE APPLICATIONS.

1285 AND YOU ALL WANTED TO SEE THEM ALL.

1286 BUT YOU WANTED TO APPOINT A COUPLE OF COUNCILMEMBERS TO SERVE ON A COMMITTEE WITH 1287 STAFF TO SCREEN THEM DOWN TO A FEW-ISH.

1288 THAT'S A TECHNICAL TERM.

1289 THAT MIGHT BE INTERVIEWED.

1290 AND SO WE COULD TALK ABOUT THAT PROCESS ONCE THE PROPOSALS ARE IN ON APRIL 1291 10.

1292 AT THIS POINT, WE DON'T KNOW HOW MANY WE'LL GET.

1293 >> PRESIDENT B MICHAEL: 1294 TIMELINE?

1295 >> B KOWALCZYK: DO WE HAVE A TIMELINE FOR OUR COMMITTEE APPOINTMENTS AND APPLICATION 1296 PROCESS AND DO WE WANT TO KIND OF RUN IT PARALLEL? 1297 I'M NOT SURE HOW THOSE TWO PROCESSES WILL FLOW.

1298 >> M GREESON: WE CAN PUT A SCHEDULE TOGETHER AND WORK WITH MR. SMITH ON THE 1299 BRANDING OF THE MATERIALS AND MAYBE HAVE A -- WE'RE GIVING A MONTH FOR THE 1300 CONSULTANTS TO ABSORB AND WRITE IT AND ASK QUESTIONS.

1301 I DON'T KNOW HOW LONG YOU WANT TO LEAVE THE ADVERTISEMENT OUT FOR THE 1302 COMMUNITY.

1303 BUT MAYBE SIMILARLY.

1304 >> B KOWALCZYK: SO THAT WE DON'T HAVE A COMMITTEE SELECTED AND WE'RE STILL 1305 WAITING FOR A FACILITATOR TO START.

1306 UNLESS IT'S NOT DEPENDENT ON THE FACILITATOR.

1307 I DON'T WANT THE MOMENTUM GOING AND WE'RE WAITING TO HIRE A FACILITATOR.

1308 IF AT ALL POSSIBLE, KIND OF ALIGNING THAT.

1309 >> M GREESON: WE'LL BUILD A DRAFT SCHEDULE FOR YOUR REVIEW.

1310 >> PRESIDENT B MICHAEL: 1311 JUST A COUPLE OF THINGS.

1312 ENERGY ALLIANCES IS WHO YOU MAY RECALL IS OUR CONSULTANT FOR AGGREGATION.

1313 A COUPLE OF THINGS.

1314 ONE, WE HAVE BEEN CERTIFIED BY UTILITIES COMMISSION OF OHIO TO BE AN AGGREGATOR.

1315 ENERGY ALLIANCES HAS THEN ASKED A.E.P.

1316 FOR OUR LIST.

1317 WE HAVE ABOUT A LITTLE OVER 5,000 RESIDENTS AND SMALL BUSINESSES THAT WILL BE 1318 ELIGIBLE TO PARTICIPATE IN THE AGGREGATION.

1319 AND SO THAT'S A GOOD NUMBER OF PEOPLE.

[01:30:02]

1320 THEY ARE PREPARED TO ISSUE THE R.F.P.

1321 AND I SHARED THAT YOU WITH YOUR PLACES I WANT TO TALK ABOUT IT BRIEFLY.

1322 I RECEIVED IT TODAY AND THEIR INTENT IT IS TO ISSUE IT THIS WEEK.

1323 IT'S PRETTY STRAIGHTFORWARD.

1324 IT MENTIONS OUR SUSTAINABLE GOAL AND ASKS FOR TRADITIONAL ENERGY COST.

1325 IT ASKS FOR A RENEWAL ADDER.

1326 LIKELY IN THE FORM OF RECS.

1327 IT ASKS FOR PRICES FOR 12, 24 AND 36 MONTHS.

1328 IT TALKS ABOUT OUR OPT-OUT PROGRAM.

1329 AND THE 30-DAYS AS OPPOSED TO THE NORMAL 21-DAYS.

1330 AND ASKS A SERIES OF QUESTIONS THAT WERE IMPORTANT IN OUR DISCUSSIONS 1331 EARLIER.

1332 HOW YOU GET INTO THE PROGRAM.

1333 HOW YOU GET OUT OF THE PROGRAM.

1334 ARE THEY WILLING TO DO THAT WITHOUT A FEE? 1335 ONE I LIKE IN PARTICULAR IS THAT WERE PROACTIVE IN THINKING ABOUT HOW WE DEAL 1336 WITH RESIDENTS WHO TAKE ADVANTAGE OF NETMETERING.

1337 PEOPLE THAT MAY BE PUTTING ENERGY BACK INTO THE GRID THROUGH THEIR SOLAR ARRAY.

1338 I THINK IT'S PRETTY SIMPLE AND STRAIGHTFORWARD.

1339 THESE GUYS DO THIS A LOT.

1340 WITHOUT OBJECTION, WE'LL HAVE THEM GO AHEAD AND MOVE FORWARD.

1341 AFTER ISSUANCE, ENERGY ALLIANCES WILL REVIEW AND MAKE RECOMMENDATIONS TO YOU 1342 IN APRIL.

1343 ANY QUESTIONS?

1344 >> PRESIDENT B MICHAEL: 1345 QUESTION IN HERE THAT'S ON PAGE 3, NUMBER 5.

1346 DO YOU AGREE TO ALLOW ELIGIBLE CUSTOMERS TO ENTER THE PROGRAM AT ANY TIME AT 1347 THE SAME AGGREGATION PRICES OF OTHER CUSTOMERS ALREADY IN THE PROGRAM?

1348 AND -- >> D ROBINSON: ARE WE BEING INVITED TO MAKE COMMENTS AND CRITIQUES OF 1349 THIS? 1350 FOR INSTANCE -- BONNIES' QUESTION IS EXCELLENT.

1351 I THINK IN ADDITION FOR SOMEONE OPTING IN IT OUGHT TO SPECIFY NOT ONLY THE SAME 1352 PRICE BUT THAT THEY ARE NOT BE FEES, WHICH IS ANOTHER WAY FOR THEM TO MAKE REVENUE 1353 OFF OF US.

1354 >> M GREESON: NUMBER 4, DO YOU AGREE TO ALLOW PROGRAM PARTICIPANTS TO LEAVE THE 1355 PROGRAM AT ANY TIME WITH NO TERMINATION FEE? 1356 YOU WOULD WANT TO ASK IF PARTICIPANTS CAN ENTER THE PROGRAM?

1357 >> D ROBINSON: I WOULD PROBABLY SAY NO TERMINATION FEE OR ANY OTHER RELATED 1358 FEE.

1359 I DON'T KNOW WHAT THE EXACT LANGUAGE IS.

1360 I WANT TO MAKE SURE IT'S, WHERE THE LANGUAGE IS AS TIGHT AS POSSIBLE.

1361 AS FAR AS THE OPT-IN, THERE WOULD BE NO COST TO SOMEONE OPTING IN AS WELL AS GETTING 1362 THE SAME BASE PRICE.

1363 >> M GREESON: THERE WERE NO -- I THINK WE WOULD PROBABLY NOT HAVE ANY COST ON OUR 1364 PROGRAM.

1365 CERTAINLY, YOU KNOW, WE WOULD ADVISE AND ENERGY ALLIANCE TO LOOK AT YOUR 1366 CURRENT CONTRACTS BECAUSE YOU MAY HAVE EXIT CHARGES.

1367 THAT'S ONE OF THE TRICKY PARTS.

1368 AND THEN TIGHTEN UP THE TERMINATION OR OTHER FEES.

1369 I'LL TALK TO MR. SERACE ABOUT THAT.

1370 OKAY.

1371 REAL QUICKLY, THERE IS AN O.S.U.

1372 AIRPORT OPEN HOUSE AND MASTER PLAN PUBLIC MEETING.

1373 THERE IS TWO SETS OF HOURS FOR THAT.

1374 I BELIEVE TOMORROW AND IT'S 3-5 FOR THE OPEN HOUSE.

1375 AND 6-8 FOR THE MASTER PLAN PROCESS.

1376 THERE IS, WE'VE RECEIVED AN APPEAL OF THE CHERYL MEMORIAL HALL DECISION 1377 REGARDING GLASS BLOCK WINDOWS FROM COUNCILMEMBER ROBINSON, AS THE CODIFIED 1378 ORDINANCE IS -- THE CODIFIED ORDINANCES REQUIRE COUNCIL TO DECIDE WHETHER OR NOT 1379 THEY WANT TO HEAR THE APPEAL.

1380 WE'LL PUT THAT ON THE AGENDA FOR NEXT WEEK FOR YOUR DECISION ON WHETHER YOU WANT 1381 TO HEAR THE APPEAL OR NOT.

1382 O.M.L., THE HIGHWAY MUNICIPAL LEAGUE, I PUT OUT A LEGISLATIVE UPDATE AS WELL 1383 AS O.M.L.'S INFRASTRUCTURE FUNDING STATEMENT.

1384 IN FRONT OF YOU, WE'RE AT AN IMPORTANT TIME IN THE LEGISLATURE.

1385 THE LEGISLATURE, THE HOUSE PASSED A GAS TAX INCREASE.

1386 IT WAS LESS THAN WHAT THE GOVERNOR PROPOSED.

1387 BUT NONETHELESS, WOULD MEAN MORE MONEY FOR MUNICIPALITIES.

[01:35:04]

1388 I HAVE NOT SEEN A BREAKDOWN FOR WORTHINGTON AT THIS POINT.

1389 I SAW THE GOVERNOR'S PROPOSAL BROKEN DOWN.

1390 IT WAS SIGNIFICANT NEW REVENUES FOR US.

1391 HOWEVER, THIS IS ABOUT A $0.10 -- AND I HAVEN'T SEEN THE FORMULA CALCULATED FOR 1392 US WITH THE NEW PROPOSAL.

1393 O.M.L.

1394 I THOUGHT DID A GOOD JOB BREAKING DOWN THE POSITIVE THINGS FOR MUNICIPALITIES IN 1395 THE BILL AND SOME AREAS THAT ARE ISSUES OF CONCERN.

1396 I WOULD ENCOURAGE YOU TO READ THAT.

1397 I DO THINK THERE WOULD BE SOME ADVANTAGES TO US TAKING A POSITION ON POTENTIALLY 1398 ENDORSING THE GAS TAX PROPOSAL OR AT LEAST PORTIONS OF IT.

1399 BECAUSE IT COULD MEAN NEW REVENUE TO US FOR OUR MAINTENANCE PROGRAM 1400 ESSENTIALLY WHICH IS LARGELY WOULD BENEFIT OPERATING AND CAPITAL IMPROVEMENT PROGRAM.

1401 SO I MAY ASK YOU TO DO THAT IN THE NOT TOO DISTANT FUTURE.

1402 WE'LL GET QUESTIONS FROM OUR LEGISLATURES ABOUT WHAT IS OUR OFFICIAL POSITION ON 1403 THIS.

1404 I THINK I REPORTED LAST WEEK THAT CENTRAL OHIO MAYORS AND MANAGERS ASSOCIATION 1405 ENDORSED THE GOVERNOR'S PROPOSAL AT ONE OF THEIR RECENT MEETINGS.

1406 LASTLY, TWO THINGS REAL QUICKLY.

1407 I WANTED TO COMPLIMENT OUR ASSISTANCE CITY MANAGER ROBYN STUART ON HER WORK 1408 PRESIDING OVER THE OHIO CITY COUNTY MANAGER'S ASSOCIATION CONFERENCE LAST WEEK.

1409 IT WON'T BE HER LAST DUTIES AS PRESIDENT OF THE ASSOCIATION SINCE THE TERM 1410 RUNS INTO THE SUMMER.

1411 BUT IT WAS A SUBSTANTIVE AMOUNT OF WORK.

1412 CORRALLING ALL OF US CITY MANAGERS AND ASSISTANT CITY MANAGERS TO FOLLOW THE 1413 PROCESS AND PARTICIPATE ORDERLY IN THE CONFERENCE.

1414 SHE DID A GREAT JOB.

1415 IT WAS A WONDERFUL CONFERENCE WITH MANY GOOD EDUCATIONAL SESSIONS.

1416 AND WHEN THE TIME IS APPROPRIATE, MADAM PRESIDENT, I THINK I WOULD 1417 LIKE TO REQUEST AN EXECUTIVE SESSION TO TALK ABOUT ECONOMIC DEVELOPMENT AND 1418 LAND ACQUISITION.

1419 >> PRESIDENT B MICHAEL: I'M SORRY.

1420 MS. THRESS.

1421 MR. LINDSEY.

1422 >> MR LINDSEY: NOTHING FURTHER.

[5. Reports of Council Members]

1423 >> PRESIDENT B MICHAEL: 1424 FIRST, IN RECOGNITION OF MR. GREESON'S DISCUSSION OF OUR PRIORITIES AND WHERE WE 1425 MIGHT BE HEADED IN A TIMELINE.

1426 I JUST WANTED TO BRING THIS UP AS FOOD FOR THOUGHT.

1427 PERHAPS IN A WAY TO MAYBE TAKE SOME PRESSURE OFF ON THE AGE-FRIENDLY WORTHINGTON 1428 IDEA.

1429 I KNOW FOLKS ARE STRUGGLING WITH WHAT THAT MEANS AND HOW MUCH WORK IT MEANS.

1430 CURRENTLY, THE COMMUNITY RELATIONS COMMISSION HAS HELD A FEW PUBLIC MEETINGS 1431 AND DISCUSSION BUT I FEEL LIKE THEY NEED DIRECTION AND SUPPORT.

1432 AND SO AND KIND OF THINKING ABOUT HOW WE MOVE FORWARD ON THAT PRIORITY, I'M THINKING 1433 A FEW THINGS.

1434 AND I JUST WANTED TO HEAR FEEDBACK.

1435 ONE IDEA IS REALLY TO SET DOWN WITH JUST A FEW PEOPLE.

1436 SOME OF C.R.C.

1437 MEMBERS WHO HAVE BEEN INVOLVED IN THIS DISCUSSION, COLLEEN LIGHT WHO HAS BEEN 1438 TO SOME PRESENTATIONS, MAYBE MYSELF AND ANY OTHER COUNCILMEMBERS WHO ARE 1439 INTERESTED AND MAYBE OTHER MEMBERS OF THE COMMUNITY WHO ARE KEYED IN OR SERVICE 1440 PROVIDERS THAT MIGHT BE INTERESTED TO KIND OF SIT DOWN AND BRAINSTORM ON WHAT 1441 WE COULD DO -- WHAT WE'RE LOOKING FOR IN TERMS OF AN AGE-FRIENDLY WORTHINGTON.

1442 THE OTHER THING I SEE FURTHER DOWN THE ROAD IS THE POTENTIAL FOR A TASK FORCE 1443 OR COMMISSION TO REALLY FLESH IT OUT.

1444 ONE OF THE THINGS I SHARED RECENTLY WITH MR. GREESON AND MS. MICHAEL IS THE LIST 1445 OF AGE-FRIENDLY COMMUNITIES IN OHIO AND INCLUDES WESTERVILLE.

1446 THEY ACTUALLY PASSED A RESOLUTION, SENT A LETTER TO A.A.R.P., THE NATIONAL 1447 OFFICE SAYING THEY INTEND TO PURSUE THIS.

1448 AND I FEEL LIKE THAT'S A CHALLENGE.

1449 AND SO I REALLY WANT TO CONTINUE TO KEEP DISCUSSING THIS ISSUE AND MOVING 1450 FORWARD.

1451 BUT I THINK WE'RE AT A POINT WHERE PEOPLE ARE STILL TRYING TO FIGURE IT OUT.

1452 AND I THINK WE NEED TO GET SOME CREATIVE PEOPLE TOGETHER TO WORK ON IT AND 1453 PUSH IT FORWARD.

1454 SO I DON'T KNOW IF YOU HAVE FEEDBACK NOW OR WANT TO THINK ABOUT IT.

1455 IT SOUNDS LIKE IF WE'RE TALKING ABOUT WILSON BRIDGE ROAD IN MAY, AGE-FRIENDLY 1456 WORTHINGTON IF THERE IS A PROPOSAL MAYBE TO -- FROM THE LITTLE STEERING 1457 COMMITTEE OR SOME OTHER GROUP THAT WOULD BE FURTHER DOWN THE LINE IN JUNE OR

[01:40:01]

1458 JULY MAYBE TO MOVE THIS FORWARD.

1459 >> PRESIDENT B MICHAEL: 1460 AND VISION AND DIRECTION.

1461 DID YOU TO TAKE THAT ON?

1462 >> B KOWALCZYK: ABSOLUTELY.

1463 I WOULD BE VERY HAPPY TO DO THAT.

1464 VERY EXCITED TO DO THAT.

1465 >> PRESIDENT B MICHAEL: MR. GREESON 1466 I HAVE ONE OTHER THING I WANTED TO SHARE.

1467 I HAD THE OPPORTUNITY TO PARTICIPATE IN A STEERING COMMITTEE MEETING WITH 1468 WORTHINGTON BRIDGES.

1469 THEY HAVE BEEN AROUND FOR ABOUT A YEAR.

1470 AND THEY SHARED WITH THE COMMITTEE THEIR ANNUAL REPORT, THEIR FIRST EVER.

1471 OF SERVICES THEY PROVIDED, PEOPLE THEY SERVED, NEEDS THEY FILLED.

1472 THEY RECEIVED 64 NEEDS AND 63 WERE FILLED.

1473 THE ONE THAT COULDN'T BE FILLED WAS FAR TO EXPENSIVE, A NEW SET OF TIRES.

1474 1475 BUT THEY HAVE MADE A TREMENDOUS IMPACT IN THE COMMUNITY, BOTH A LOT OF 1476 WHAT THEY ARE FOCUSING ON ARE KIDS AND FAMILIES AND REFERRALS COME FROM THE 1477 SCHOOLS.

1478 BUT THEY ALSO SERVE OLDER RESIDENTS AS WELL AS FROM THE SERVICE PROVIDERS THAT 1479 ARE ASSISTING THEM.

1480 I WAS DELIGHTED TO SEE THIS AND I HAD I WOULD SHARE THIS WITH ALL OF YOU.

1481 I THINK WE SHOULD BE PROUD OF THE WORK THEY ARE DOING.

1482 IT'S ALL VOLUNTEER, DONATION BASED.

1483 AND I THINK THEY ARE DOING A GREAT JOB AND THEY ARE GOING TO GET BETTER AND BETTER.

1484 AND NEIGHBOR BRIDGES HAS SPREAD THROUGHOUT THE REGION.

1485 I DON'T HAVE THE EXACT NUMBER BUT I THINK NEW ALBANY IS A MORE RECENT ONE.

1486 IT'S I THINK A REALLY GREAT PROJECT FOR US TO SUPPORT.

1487 AND JUST SHARE, ASK PEOPLE TO LIKE THE FACEBOOK PAGE, SIGN UP FOR THE ALERTS.

1488 THAT REALLY HELPS THEM GET THE WORD OUT AND GET THEIR NEEDS FILLED.

1489 >> PRESIDENT B MICHAEL: GREAT.

1490 THANK YOU.

1491 >> B KOWALCZYK: THANK YOU VERY MUCH.

1492 >> PRESIDENT B MICHAEL: MR. MEYERS.

1493 >> PRO TEM S MYERS: NOTHING.

1494 THANK YOU.

1495 >> PRESIDENT B MICHAEL: MR. SMITH.

1496 >> D SMITH: LAST WEEK AT YOUR PLACE, YOU RECEIVED A REPORT AND REQUEST FROM THE 1497 HISTORICAL SOCIETY FOR $36,000 FROM OUR BICENTENNIAL FUND FOR THE 1498 BICENTENNIAL JOHNSON HOUSE.

1499 I WANT TO REQUEST TODAY TO SEE IF YOU HAD A CHANCE TO LOOK AT THE INFORMATION, 1500 THEY PROVIDED THAT WE CAN BRING IT UP FOR A YES OR NO VOTE IN THE NEXT MEETING OR 1501 SOMETIME IN APRIL.

1502 >> PRESIDENT B MICHAEL: OKAY.

1503 ANY THOUGHTS ON THAT?

1504 >> D ROBINSON: I WOULD SUPPORT A DISCUSSION AND VOTE.

1505 >> PRESIDENT B MICHAEL: THE ONLY QUESTION I HAVE FROM THE PAST FOR MR. LINDSEY.

1506 I WAS UNDER THE IMPRESSION WE -- 1507 OWNED BY SOMEBODY ELSE.

1508 RENOVATING OR REHABILITATING PROPERTY THAT DOESN'T BELONG TO US.

1509 >> COUNCILMEMBER MICHAEL, THE QUESTION RELATES TO -- DETERMINING A -- >> 1510 PRESIDENT B MICHAEL: I WANT TO ADD IT TO THE DISCUSSION WHEN WE HAVE IT.

1511

1512 >> PRESIDENT B MICHAEL:

1513 >> M GREESON: FOR INTRODUCTION AND DISCUSSION? 1514 THESE ARE UNAPPROPRIATED FUNDS, WHICH WILL REQUIRE INTRODUCTION AND ADOPTION OF 1515 AN ORDINANCE.

1516 MAYBE -- DO YOU WANT TO DISCUSS IT BEFORE LEGISLATION IS INTRODUCED? 1517 AND DO YOU WANT US TO INVITE THE HISTORICAL SOCIETY TO BE PART OF THAT CONVERSATION?

1518 >> PRESIDENT B MICHAEL:

1519 >> D SMITH: THAT'S UP TO YOU GUYS.

1520 EVERYTHING THEY WILL SAY TO US I BELIEVE IS IN THE REPORT THEY SENT US.

1521 >> PRESIDENT B MICHAEL: 1522 MEETING, ALTHOUGH I HAD THE PLEASURE OF WATCHING IT LIVE WHILE I WAS ON THE TREADMILL 1523 IN D.C. SO I REALLY APPRECIATE THE STREAMING VIDEO.

1524 >> PRESIDENT B MICHAEL: REALLY GETTING INTO DETAIL ON THIS TOPIC.

1525 >> B KOWALCZYK: I WANTED TO TEXT AND OFFER MY OPINION.

1526 IF IT'S JUST ME AND YOU WANT TO MOVE FORWARD, GO AHEAD.

1527 I WILL READ THROUGH EVERYTHING AND ASK QUESTIONS IN ADVANCE.

1528 >> D SMITH: MY ONLY CONCERN IS CONSTRUCTION MONTHS ARE UPON US.

1529 >> D ROBINSON: I SUPPORT THE IDEA SO I'M BIAS SAYING LET'S GET THE ORDINANCE 1530 DRAFTED SO WE DON'T DELAY IT IF IT MOVES FORWARD.

1531 IF OTHERS DON'T SHARE THAT THOUGHT, WE CAN DISCUSS IT BEFOREHAND.

1532 >> PRESIDENT B MICHAEL: 1533 OKAY.

[01:45:01]

1534 ALL RIGHT.

1535

1536 >> PRESIDENT B MICHAEL: I HAVE NOTHING ELSE TO ADD.

1537 MR. MEYERS MOVES WE GO INTO EXECUTIVE SESSION, SECONDED BY MR. SMITH.

[7. Executive Session]

1538 THE EXECUTIVE SESSION FOR LAND ACQUISITION AND ECONOMIC DEVELOPMENT 1539 INCENTIVES.

1540 OKAY.

1541 MS. THRESS, CAN YOU PLEASE CALL THE ROLL FOR EXECUTIVE SESSION? 1542

1543 >> B KOWALCZYK: YES.

1544 >> D FOUST: YES.

1545 >> D SMITH: YES.

1546 >> PRO TEM S MYERS: YES.

1547 >> PRESIDENT B MICHAEL: YES.

1548 WE'RE NOW ADJOURNED TO EXECUTIVE SESSION.

1549 1550 ADJOURN EXECUTIVE SESSION, SECONDED BY MS. KOWALCZYK.

1551 ROLL CALL.

1552 MR. ROBINSON?

1553 >> D ROBINSON: AYE.

1554 >> PRESIDENT B MICHAEL: MR. FOUST.

1555 >> D FOUST: AYE.

1556 >> PRESIDENT B MICHAEL: MR. SMITH.

1557 >> D SMITH: YES.

1558 >> PRESIDENT B MICHAEL: MR. MEYERS.

1559 >> PRO TEM S MYERS: YES.

1560 >> PRESIDENT B MICHAEL: MS. KOWALCZYK.

1561 >> B KOWALCZYK: YES.

1562 >> PRESIDENT B MICHAEL: MYSELF.

1563 YES.

1564 WE ARE OUT OF EXECUTIVE SESSION.

1565 >> PRO TEM S MYERS: MOVE TO ADJOURN.

1566 >> PRESIDENT B MICHAEL: MR. MEYERS MOVES TO ADJOURN.

1567 SECONDED BY MR. FOUST.

1568 ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

1569 ALL THOSE OPPOSED, LIKE SIGN.

1570 WE ARE ADJURNED.



* This transcript was compiled from uncorrected Closed Captioning.