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minutes 2023-09-26 City meeting records #q9edba9f0 Open original ↗

September 26, 2023 — Meeting Minutes

This is the minutes of the City of Clayton Board of Aldermen meeting held September 26, 2023. The excerpts record attendance, public requests (none), and agenda items including amendments and votes on ordinances: amendments/postponement of a garbage/recycling ordinance (Bill No. 6986.1), adoption of property tax levies for Tax Year 2023 (Bill No. 6989.1 → Ordinance No. 6853), and adoption of the Fiscal Year 2024 Operating and Capital Improvements Budget (Bill No. 6990 → Ordinance No. 6854). The minutes also note approval of other items on the consent agenda, discussion of a proposed ordinance restricting handheld electronic device use while driving, various committee and community updates, and a motion (approved by roll call) to adjourn into a closed session under multiple RSMo. provisions.
Cited passage

09-26-2023 BOA Minutes September 26, 2023 Page 3 of 5

This ordinance conforms to the Missouri “Hands-Free Law”, which took effect statewide on August 28, 2023. The Missouri General Assembly preempted local regulations from deviating from the state statute.

Alderman Berkowitz introduced Bill No. 6995, to approve an amendment to Chapter 340 with the addition of a new Section 340.300, prohibiting drivers from handheld electronic communication devices to be read for the first time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6995, first reading, an Ordinance Enacting Section 340.300 of the Clayton City Code Relating to Hands-Free Driving by title only.

The motion passed unanimously on a voice vote.

Motion made by Alderman Berkowitz that the Board give unanimous consent to consideration for adoption of Bill No. 6995 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

Alderman Berkowitz introduced Bill No. 6995, to approve an amendment to Chapter 340 with the addition of a new Section 340.300, prohibiting drivers from handheld electronic communication devices to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6995, second reading, an Ordinance Enacting Section 340.300 of the Clayton City Code Relating to Hands-Free Driving by title only.

The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6855 of the City of Clayton.

CONSENT AGENDA

09-26-2023 BOA Minutes September 26, 2023 Page 2 of 5

Motion made by Alderman Berkowitz to amend Bill No. 6989, by the text of Bill No. 6989.1. Alderman McAndrew seconded. The motion passed unanimously on a voice vote. Alderman Berkowitz introduced Bill No. 6989.1, as amended, to approve the proposed Property Tax Levies for Tax Year 2023 (FY2024) to be read for the second time by title only. Alderman McAndrew seconded. City Attorney O’Keefe reads Bill No. 6989.1, as amended, second reading, an Ordinance Levying and Establishing the Rate of Annual Taxes for General Municipal Purposes; Police Building Debt Service; General Obligation Debt Service; and Special Business District Purposes to be Collected by the City of Clayton, Missouri, for the Year 2023 by title only. The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6853 of the City of Clayton. A PUBLIC HEARING AND AN ORDINANCE - FISCAL YEAR 2024 OPERATING AND CAPITAL IMPROVEMENTS BUDGET—2nd READING

City Manager Gipson reported that in August, the Board of Aldermen received the City Manager’s proposed Fiscal Year 2024 Operating and Capital Improvements Budgets. As part of the budget process, the Board is required to hold a public hearing to seek public input prior to formal budget adoption. The public hearing was held at the Board of Aldermen meeting on September 12, 2023.

As part of the budget process, the Board is required to hold a public hearing to seek public input prior to formal budget adoption. The public hearing was held at the Board of Aldermen meeting on September 12, 2023. Alderman Berkowitz introduced Bill No. 6990, to approve the proposed FY2024 to be read for the second time by title only. Alderman McAndrew seconded. City Attorney O’Keefe reads Bill No. 6990, second reading, an Ordinance Adopting an Annual Budget for Fiscal year 2024 Commencing on October 1, 2023 and Appropriating Funds Pursuant Thereto by title only. The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye. The bill, having received majority approval, was adopted, and became Ordinance No. 6854 of the City of Clayton. AN ORDINANCE PROHIBITING DRIVERS FROM USING HANDHELD ELECTRONIC COMMUNICATION DEVICES

City Manager Gipson reported that Ordinance 340.300 will prohibit drivers from physically holding or supporting a cell phone with any part of their body; manually typing, writing, sending, or reading text-based messages; recording, posting, sending, or broadcasting video, including video calls and social media posts; and watching a video or movie. The ordinance will allow drivers to use voice-operated or hands-free features on electronic communication devices.

Budget for the Center of Clayton. (Res. No. 2023-31)

Motion made by Alderman Berkowitz to approve the Consent Agenda. Alderman McAndrew seconded.

The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – Aye; Alderman Buse – Aye; Alderman Patel – Aye; Alderman Feder – Aye; Alderman Hummell – Aye; and Mayor Harris – Aye.

OTHER

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