September 29, 2023 — Meeting Minutes

09-29-2023 BOA Special Meeting Minutes September 29, 2023 Page 1 of 4

THE CITY OF CLAYTON

Special Meeting of the Board of Aldermen City of Clayton September 29, 2023 5:08 p.m.

Minutes

The meeting was held virtually via Zoom.

Mayor Harris called the meeting to order and requested a roll call. The following individuals were in attendance:

Attendance: Ira Berkowitz, Bridget McAndrew, Becky Patel, Gary Feder, Rick Hummell, and Mayor Michelle Harris.

Staff: City Manager Gipson, City Attorney O’Keefe, City Clerk Frazier, Assistant City Manager Andrea Muskopf, and Matt Malick, Director of Public Works

Absent: Susan Buse

PUBLIC REQUESTS AND PETITIONS

None

AN ORDINANCE CONSIDERING A FIRST AMENDMENT TO THE MULTI-FAMILY WASTE MANAGEMENT CONTRACT BETWEEN THE CITY OF CLAYTON, MISSOURI AND ALLIED SERVICES, LLC

City Manager Gipson reported that the City of Clayton entered into a contract with Allied Services, LLC d/b/a Republic Services of Bridgeton for multi-family waste collection on May 31, 2023. The services provided through the contract will begin on October 1, 2023.

The proposed ordinance would amend the contract to remove certain multi-family buildings from the City’s contract for service provision with Republic Services. Multi-family buildings excluded from the contract are those with more than 25 units that are located in the Central Business District or on a major arterial roadway.

The amended agreement also includes a provision for a transition period, during which Republic Services will provide waste collection services to the excluded buildings until the later of November 1, 2023, or such time that the building has entered into a private contract for waste collection services. The City will pay Republic Services a transition fee of $60,000 to cover services provided during the transition period and to address any impacts this amendment may have on the contractor’s expected revenue.

The amendment also recognizes that there are multi-family properties within the City that may have private disposal contracts in effect prior to October 1, 2023. The City and Republic Services will not interfere with those existing contracts.

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Finally, the City will provide notice to all known waste collection companies in the area to notify them of its intent to provide solid waste collection services through a single hauler, per Section 260.247 of the Revised Statutes of the State of Missouri.

Jan Spalding, resident, addressed the Board inquiring about the requirement per Section 260.247 of the Revised Statutes of the State of Missouri.

Alderman Berkowitz introduced Bill No. 6996, to approve a First Amendment to the Multi- Family Waste Management Contract Between the City of Clayton, Missouri and Allied Services, LLC to be read for the first time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6996, first reading, an Ordinance Approving the First Amendment to the Multi-Family Waste Management Contract Between the City of Clayton, Missouri and Allied Services, LLC d/b/a Republic Services of Bridgeton 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. 6996 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

Alderman Berkowitz introduced Bill No. 6996, to approve a First Amendment to the Multi- Family Waste Management Contract Between the City of Clayton, Missouri and Allied Services, LLC to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill No. 6996, second reading, an Ordinance Approving the First Amendment to the Multi-Family Waste Management Contract Between the City of Clayton, Missouri and Allied Services, LLC d/b/a Republic Services of Bridgeton by title only.

The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – 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. 6856 of the City of Clayton.

AN ORDINANCE AMENDING ARTICLE I COLLECTION SERVICE AND REGULATIONS AND ARTICLE II RECYCLING OF CHAPTER 235 GARBAGE AND TRASH OF THE MUNICIPAL CODE OF THE CITY OF CLAYTON

City Manager Gipson reported that the City of Clayton’s Municipal Code provisions related to solid waste and recycling were first adopted in 1947 and recodified in 1970. Specific sections were later amended to reflect the waste collection practices and contracts in place at that time.

The City of Clayton has contracted with Republic Services for the collection and disposal of solid waste, recycling, yard waste and compost from single-family and multi-family properties. The new contracts that go into effect on October 1, 2023, change waste collection service from City-funded to resident-billed.

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Staff recommends updating provisions of the current City Code to align with the new waste management contracts, as well as the first amendment to the Multi-Family Waste Management Contract with Republic Services. The proposed ordinance will take effect on October 1, 2023, along with the new contracts. The required changes include the elimination of a current provision that allows private disposal contracts for residential customers. The City will not interfere with any private contracts established before the effective date of this proposed ordinance and certain large multi-family buildings will now be treated like commercial properties. The City is also taking this opportunity to update the Code sections to provide enhanced regulatory clarity and align the regulations with current practices.

Alderman Berkowitz introduced Bill No. 6986, to approve an amendment to Article I Collection Service and Regulations and Article II Recycling of Chapter 235 Garbage and Trash of the Municipal Code to be read for the first time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill N. 6986, first reading, an Ordinance Amending Article I Collection Service and Regulations and Article II Recycling of Chapter 235 Garbage and Trash of the Municipal Code of the City of Clayton 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. 6986 on the day of its introduction. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

Alderman Berkowitz introduced Bill No. 6986, to approve an amendment to Article I Collection Service and Regulations and Article II Recycling of Chapter 235 Garbage and Trash of the Municipal Code to be read for the second time by title only. Alderman McAndrew seconded.

City Attorney O’Keefe reads Bill N. 6986, second reading, an Ordinance Amending Article I Collection Service and Regulations and Article II Recycling of Chapter 235 Garbage and Trash of the Municipal Code of the City of Clayton by title only.

The motion passed on a roll call vote: Alderman Berkowitz – Aye; Alderman McAndrew – 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. 6857 of the City of Clayton.

Motion made by Alderman Berkowitz to adjourn the meeting. Alderman McAndrew seconded.

The motion passed unanimously on a voice vote.

Meeting adjourned at 5:22 p.m.

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________________________________

Mayor

ATTEST:

______________________________ City Clerk