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Council Minutes of 9/19/2000 activities that, when performed while driving are equally harmful, he believes holding a conversation is somewhat more engaging and perhaps causes less attention on the road than some activities that were mentioned. Questions to the Police Department by all of committee would be whether cell phone misuse has been cited under our existing statute and the remaining question of the enforceability of the ordinance. Also, the committee would like to review possible extenuating circumstances that may necessarily be made a part of this ordinance. The committee felt that further review, discussion and input from the Police Department on these issues was necessary and voted unanimously, along with the sponsor Mr. Nashar, to hold this in committee for further review. • Resolution 2000-116, a resolution expressing support for the passage of HB 761 which would impose an additional mandatory seven year term of imprisonment upon individuals convicted of certain felony offenses involving the discharge of firearms at peace officers and declaring an emergency. As sponsor of this resolution, Mrs. Kasler explained to the committee that the purpose of this resolution is to demonstrate our support of our local police officers as well as law enforcement officials across the nation and to urge our state legislators to pass legislation that appropriately punishes the heinous crime of felonies committed against the men and women that we place in authority and on whom we depend for our overall safety of our citizenry. Although most people present expressed agreement with the purpose of the resolution, Mr. O'Grady expressed concern that the mandatory sentence on anyone who attempts to harm or harms a police officer could be taking latitude or discretion away from the judge hearing the case. Assistant Law Director Dubelko cited other issues where mandatory sentencing is in place and added that they are in place in order to ensure consistency in sentencing and to address significant troublesome activities. Mr. Limpert objected to the resolution stating that there could be extenuating circumstances that are not taken into account in the resolution or the related proposed legislation. Mr. Miller clarified that issue by explaining that the legislation will link the mandatory sentence to a felony conviction. After further discussion amongst all of Council as well as the committee, the committee unanimously recommended approval of Resolution 2000-116. Mr. Nashar gave a minority report on Ordinance 2000-117: 1) As Mrs. Kasler had stated, this ordinance is intended to raise public awareness and it is not to raise city funds. It is simply to let it be known that driving while using ahand-held phone is distracting. He feels that the roads in North Olmsted are safe and wants to keep them that way. There are phones on the market that are voice activated and do not have to be held. He is concerned about this problem and would like consideration given to this ordinance. Mr. Miller said that he had sent a letter to the American Automobile Association and the National Automobile Insurance organization asking them whether or not they have a position on such an ordinance and if they have any research to support their position. As soon as he receives an answer, he will share it with Council. Mr. Limpert reported on the Public Safety Committee meeting on behalf of Mr. O'Grady: .,~. 1) The committee met September 11. Present were committee members O'Grady, Nashar 5