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8 <br /> Mr. Schilling concurred with Mr. Caravati and said it is not his intention to <br />overrule the BAR. <br /> <br /> Ms. Richards said she wants to make sure that if the motion fails it is understood <br />that it is not the same as failing to uphold the BAR decision. <br /> <br /> Ms. Richards's motion to uphold the BAR decision was denied by the following <br />vote. Ayes: Mr. Cox, Ms. Richards. Noes: Mr. Caravati, Mr. Schillin g. Absent: Mr. <br />Lynch. <br /> <br /> Mr. Schilling made a motion to take the matter up at the next meeting, Ms. <br />Richards asked if his motion means taking it up without the day light provision, and Mr. <br />Schilling said it means taking up the same issue as was considered tonight. <br /> Ms. Richards said she is trying to understand the purpose of the deferral, noting <br />that taking it up again will not necessarily resolve it. <br /> <br /> Mr. Schilling said it may or may not but it will give the entire Council the <br />opportunity to discuss it. <br /> <br /> Mr. Schilling's motion died for lack of a second. <br /> <br /> Mr. Caravati said he can wait for the two parties to come to an agreement. <br /> <br /> Ms. Richards said the judge may read Council's inability to take action as an <br />inability or unwillingness to deal with the iss ue and could jeopardize the City's ability to <br />intercede. <br /> <br /> Ms. Kelley said the City Attorney's office will try to intercede to preserve <br />Council's ability to make a decision. She said it would be helpful to have a decision, but <br />understands the reluctance given the second piece of the matter. Ms. Kelley noted that <br />Council does not necessarily have to wait for the second piece because the court may <br />address it. <br /> <br /> Mr. Cox asked if Councilors would like to advise the City Attorney about how <br />they would like her to address the matter, and Ms. Kelley recommended that the matter <br />be discussed in closed session. <br /> <br /> Responding to a question from Ms. Richards, Ms. Kelley said that nothing has <br />come before the BAR regarding the day light issue, and there is still a disput e by both <br />parties as to what that will mean. <br /> <br /> Mr. Cox said it sounds like Council is interfering with the court. He said he feels <br />this discussion is bordering on being a farce, and he does not think the day light issue is <br />within Council's purview. <br /> <br /> Mr. Schilling took exception with the discussion being a farce. <br /> <br /> Mr. Cox said there has been no closure or direction from Council on the issue and <br />if Councilors want to take up the issue in closed session they can do so. He moved on to <br />the next agenda item. <br /> <br />PRESENTATION <br />: THOMAS JEFFERSON PLANNING DISTRICT COMMISSION <br />- HOME PROGRAM <br /> <br /> Mr. Bill Wanner with the Thomas Jefferson Planning District Commission, said <br />that over $8 million has been provided in HOME funds to support affordable housing. <br />He said the r egion is collectively eligible to receive these funds. He thanked Council for <br />their support. <br /> <br /> Mr. Cox asked if there is an analysis of how the funds are divided and where the <br />bulk of it has gone, and Mr. Wanner said the funds are shared equally among <br />jur isdictions. <br />