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413 <br /> <br /> Mr. Caravati asked if it would be more appropriate to refer the issue back to the <br />BAR for discussion with the applicant. <br /> <br /> Mr. Joe Atkins, Chair of the BAR, said that a minority of the BAR felt there could <br />be a compromise, but the majority concluded that the barrels were not compatible. <br /> <br /> Mr. Schilling said that no matter whether the applicant is present, he would still <br />like there to be a discussion with the applicant at the BAR. Mr. Schilling made a motion <br />to send the matter back to the BAR. <br /> <br />Mr. Caravati seconded the motion. <br /> <br /> Mr. Brown said that the BAR can reaffirm or modify their decision, and the <br />applicant will then be able to appeal that decision to Council if she wishes. <br /> <br /> Mr. Lynch said he is happy to see the BAR's decision stand, noting that the <br />applicant did not show at the BAR or at this meeting. <br /> <br /> Ms. Hamilton said she is on the fence about the issue and is okay with giving the <br />applicant a third chance. <br /> <br /> Council agreed to send the issue back to the BAR by the following vote. Ayes: <br />Dr. Brown, Mr. Caravati, Ms. Hamilton, Mr. Schilling. Noes: Mr. Lynch. <br /> <br />REPORT: ELECTED SCHOOL BOARD INFORMATION HANDOUT AND <br />PROCESS <br /> <br /> Mr. Brown explained that the election on November 8th regarding whether or not <br />to move to an elected School Board is a binding referendum. He said that he is seeking <br />guidance from Council on a couple of issues. He said that Council as a body does not <br />take a position on the question, but is authorized to publish a neutral statement. He asked <br />if Council wants to do that. He said that if the referendum passes, the transition to an <br />elected School Board will begin. He said at this time it appears that the School Board <br />would consist of four members elected by ward and three at-large, but said that <br />conclusion needs to be confirmed with the Department of Education. He said Council <br />probably should not wait until the election to redraw the ward boundaries. He said the <br />ward boundaries have not been redrawn in some time and the populations in the wards <br />are not equitable. He suggested that Council authorize staff to look at a mixed ward/at <br />large system and define the process for redrawing the boundaries. He said a lot of the <br />issues need to be resolved by January 1 and it will be a tight timetable. <br /> <br /> Mr. Caravati asked for a report on all configurations of the School Board, <br />including all at large. <br /> <br /> Mr. Brown said that the State Code is clear that if the current School Board is <br />appointed by ward then the elected School Board will be elected by ward, if it is <br />appointed by a combination of ward/at large then the elected School Board will have that <br />configuration. He said that the City Code says that there shall be at last one School <br />Board members from each ward, but they are not designated for that ward. He said the <br />analysis will be what the law requires. <br /> <br /> Mr. Lynch said that the State Code also says that if neither position applies then <br />the Council can make the choice. He said he is not comfortable asking for confirmation <br />of the system. He said what we have is a modified version of an at large system. He said <br />this is something we have to be pro-active on rather than reactive. <br /> <br /> Ms. Hamilton said she thinks we have an obligation to inform the public and she <br />thinks we should move quickly on the statement. <br /> <br /> Mr. Lynch said that the wording of the statement may depend on the kind of <br />board we have. <br /> <br /> <br />