June 2023 Board of Aldermen Meeting

The regular meeting of the Board of Aldermen was held on Tuesday, June 6, 2023 at 6:30 PM in the Meeting Room at the Clarkson Executive Center in Ballwin, Missouri. The meeting was also accessible virtually via a Zoom link.

A roll call for the meeting was taken with the following result:

ABSENT
None

Those in attendance recited the Pledge of Allegiance.

AGENDA APPROVAL

Alderperson MacDonald made a Motion to amend the Agenda to include Line Item (c) under New Business to discuss Violation Penalties, seconded by Alderperson Schweig. A voice vote was taken to approve the amended Agenda with an affirmative result and the motion was declared passed.

MINUTES APPROVAL

Alderperson Brock MacDonald made a motion to accept the Minutes for the three meetings we held in May 2023.   Alderperson Bogosian made a motion to amend the Special Meeting Minutes of May 22, saying he was the one to make the motion to close the meeting, which was seconded by Alderperson Schweig. A voice vote was taken to amend the Minutes of the May 22 meeting with an affirmative result and the motion was declared passed. There was a motion on the floor to accept the Minutes, which was now seconded by Alderperson Midyett. A voice vote was taken to accept the Minutes of the three May meetings with an affirmative result and the motion was declared passed.

REMARKS, PETITIONS, AND COMPLAINTS

Frances Babb, a resident of Kehrs Mill Estates, proposed that the City hold special activity events, i.e., farmer’s market, music concerts, etc. Mayor McNamara asked Mrs. Babb to please present the Board Members with her ideas in writing.

At this point in the meeting, Mayor McNamara said she would like to make a special presentation. She said as a lifeguard she had the privilege of saving several young people and several years ago, she was able to save an adult. She explained that this makes quite an impact on not only the life that was saved but many other lives that are impacted. She then introduced Police Officer Andrew Budd, who saved a Crestview Middle School Student. While on duty in the lunchroom as the school’s Resource Officer he witnessed a student stand from a seated position who was clearly in distress. Officer Budd assessed the situation that those attempting to administer abdominal thrusts were not at the right height compared to the student and the student was at that point, in a life-threatening situation. He positioned himself behind the student and administered four abdominal thrusts, dislodging the object, whereupon the student’s breathing commenced, and his color returned. Lt. Connelly read the commendation as P.O. Budd was presented with the plaque and a round of applause resonated in the room.

REPORTS

Chesterfield Police Report: Lt. Connelly gave the May Police Report.

Mayor’s Report

Mayor McNamara said there was a ruling passed in 2007 taking the video franchise fees from 3% to 5% but a new statute passed this year will incrementally decrease that 5% by ½% per year. The decrease ends in 2027 with the ability for cities to collect 2-1/2% going forward. We’re waiting to obtain a copy of a model ordinance to have the language and will pass that in July.

Mayor McNamara reported that she and Alderperson Midyett worked on the Budget this past month estimating as best they could the revenue and expenses for the coming fiscal year. There were only a few blank spaces left, one of which being the final cost of the codification; salaries being another, and the estimated costs for livestreaming our meetings and the computer equipment. The City Clerk explained an IRS debacle where the quarterly 941 form contained a line item that was being filled out incorrectly and that it is in the process of being rectified.

Court Report: Mayor McNamara said the amount received in May 2023 for court receipts was $2,280.92.

Recodification: Mayor McNamara described the process she and the codifier, Marge Perry with General Code, are going through. She told the Board Members, General Code is offering a service for approximately $2,500 for online searchability, annual updates for state statutes, easy searches in other municipalities codes, and automatic updates of our Ordinances. She then explained the number of hours that the City Clerk and the previous Mayor went through with this process and how far behind our code was with respect to state statute updates. After some discussion, Alderperson Low made a motion to add expenses to the upcoming Budget to subscribe to their eCode 360 access, seconded by Alderperson MacDonald. A voice vote was taken to contract with General Code for their services with an affirmative result and the motion was declared passed.

Alderpersons’ Reports

Alderperson MacDonald reported that all equipment has been ordered and a few pieces are already on the way. Ordering the HP processor was a bit arduous, but he commented that we are getting a great deal and the cost ended up being less than we were originally quoted and we are receiving 80% off on the service agreement.

City Attorney’s Report: The City Attorney, Patrick Butler, had nothing to report.

UNFINISHED BUSINESS

Investment Update: Alderperson Bogosian updated those present on the bank change, saying most of the money has been transferred to Central Bank from Carrollton Bank. He reported there is a freeze on our assets until June 13 due to the high amount of the written check, further stating that Central Bank is very conservative, which he does not have a problem with at all. The CD’s will be staggered and will be easily accessed especially when it comes time for ARPA payments, concluding that he will make sure that money is available.

ARPA Update: Mayor McNamara reported that the Committee updated the letter that will go to the subdivisions and once that goes out, it will be followed up with the application and the payout formula spreadsheet created by Alderperson MacDonald. City Attorney, Patrick Butler said he read the revised letter and he didn’t see any changes that were substantial or that would cause issues. Mayor McNamara said most changes were for re-wording and formatting. Alderperson MacDonald said his formula is not entirely pro-rata and that in addition to removing the City software update costs, he added a floor to the formula. Further explaining that each subdivision would get a $2,000 minimum base which will take into account and aid the smaller neighborhoods such as Clarkson Mill Circle and Forst Hills Ridge. Alderperson Low reminded everyone the amounts suggested that each subdivision receive is based on pro-rata and this has not received a vote yet from the Board. Alderperson Schiller mentioned that she thinks the money should be used more for “safety” than divided by the number of homes in each subdivision. Alderperson MacDonald suggested that we wait until all the applications come in and then prioritize. The City Attorney said no matter what the subdivisions want to do with the money, it still is necessary to comply with the 4 to 5 categories contained in Resolution 23-03. Mayor McNamara read one of the last paragraphs contained in the letter, which gives the City the right to deny a subdivision’s proposal if we feel it’s not appropriate but on the same hand, does not disagree with Alderpersons Schiller and Low. Alderperson Schiller asked if there is an end date to send us the application? Mayor McNamara said this letter gives 90 days, but we were going to give it a hard date in the email and Alderperson MacDonald said there is a 45-day limit for Step 1. Alderperson Low expressed his concerns and suggested we remove the pro rata statement. Alderperson Bogosian asked if we could table this since there is no motion on the floor. There was more discussion and Mayor McNamara said her goal is to be as definitive and as fair as possible. Alderperson Schweig made a motion to accept the letter as it is, seconded by Alderperson Midyett. A voice vote was taken to send the letter as written with 3 ayes, 2 nays and 1 abstention, to which the City Attorney stated we need 4 ayes to pass. Alderperson Schiller asked if we could remove that one sentence and then send it? Mayor McNamara said she was uncomfortable sending the letter without the sentence, because it leaves an open door. Alderperson Bogosian made a motion that we table this matter for further discussion, seconded by Alderperson Low. A voice vote was taken to table this discussion with 3 ayes, and 3 nays. Since there is a tie vote, Mayor McNamara voted aye and the decision to send the ARPA letter is tabled for further discussion.

NEW BUSINESS

Livestreaming City Meetings: Alderperson Low turned attention to the table in their books. He said Alderperson MacDonald did some of the legwork for this even before he was elected, and they’ve begun work on updating the City’s technology equipment. He said he’s broken down this technology into 3 phases. His goal is to get Phase 1 approved tonight and to get the Code online, which was already approved tonight. He made a motion to officially establish a permanent technology committee with one Board Member from each ward, seconded by Alderperson MacDonald. A voice vote was taken with a unanimous affirmative result and Mayor McNamara declared the IT Commission was approved and passed. He then explained Google Workspace and said that is how he would like to see the City go forward. He would like to see that the City utilize a total of ten email accounts. Alderperson Schiller asked why we would want to bring in the shared documents and Alderperson Low explained how this would work in harmony with the sunshine law and Alderperson MacDonald said from a security perspective, you can’t get any safer. Alderperson Low made a motion to approve Google Workspace basic level and the email addresses at $6 per month per user, seconded by Alderperson MacDonald. A voice vote was taken with a unanimous affirmative result and Mayor McNamara declared the emails with Google Workspace were approved and passed. Alderperson Low then spoke about what it will take to implement livestreaming our meetings saying he would not only like to see our meetings livestreamed but have them posted on YouTube. Alderperson Schiller asked why we want to do that? There was further discussion and Alderperson McNamara doesn’t see a downside to this. Alderperson Low said that Alderperson MacDonald’s list of materials is solid. Alderperson Low made a motion to approve the purchase of materials listed on page to livestream these meetings, seconded by Alderperson Schweig. A voice vote was taken with 5 ayes and 1 nay and Mayor McNamara declared the motion was approved and passed to purchase the materials listed for livestreaming. Alderperson Low said after working with the equipment tonight in order to bring Alderperson Bogosian onboard with this meeting, he is rethinking a few things and going forward, it might cost a small amount more and the purchase list might change. Discussion then turned to Phase 2, and we spoke about the City Codes online and the City domain name which ends with .org. The question was asked, would it be more appropriate to use .gov? Also, why a few cities use us.mo. Also, possibly revamping the City’s website. Lastly, establishing policies for cyber security, e.g., password protection, where do we lock up the computers at night, etc. It was determined there will be further discussion at a later date.

Subdivision Contractual Agreement for Police Enforcement: Mayor McNamara said we came up with another iteration of the agreement. We removed a paragraph making any damage done to the streets the subdivision’s responsibility. Alderperson Schiller said she would like to remove this from tonight’s agenda and not discuss it any further. She did not like the paragraph stating the subdivision is would reimburse the City for installing regulatory signs when the City has always paid. The City Attorney said he has no objection to waiting for another month. Since there were no objections, it was determined this would be discussed at a future meeting.

Violation Penalties: Mayor McNamara spoke about our current policy to issue three letters stating violations but there are no teeth to our violation penalties. I would like to see a little more weight added to these nuisance letters. Alderperson Low mentioned the man-hours relative to sending three letters and the viability of assigning cost for reimbursement. The process includes time for investigation, implementing these letters, tracking them, etc. City Attorney, Patrick Butler, recommended that we find how other cities do this. Alderperson Schiller said she would do that.

AUDIT

Alderperson Low made a motion to approve the payment of invoices for $85,375.47 seconded by Alderperson Midyett. A voice vote was taken to approve the audit with a unanimous affirmative result and the motion was declared passed.

MISCELLANEOUS

Alderperson Midyett made a motion to close this portion of the Regular Meeting of the Board of Aldermen to enter the Closed Hearing as posted and authorized according to RSMo §610.021 which authorizes a public governmental body to close a meeting in order to discuss topics relating to certain matters, in this instance, §610.021 paragraph 3, pertaining to the discussion of personnel matters, seconded by Alderperson Low. A roll call vote was taken with the following results: Ayes: Bogosian, Low, MacDonald, Midyett, Schiller, and Schweig. There were no nays. Whereupon Mayor McNamara declared the motion to enter a closed meeting was passed.

Alderperson Midyett made a motion to reconvene the open meeting, seconded by Alderperson Low. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. The Regular Meeting of the Board of Aldermen reconvened at 9:20 p.m.

ADJOURN

Alderperson Midyett made a motion to adjourn the regular meeting, seconded by Alderperson Schweig. A voice vote was taken with a unanimous affirmative result and the motion was declared passed. The Regular Meeting of the Board of Aldermen adjourned at 9:21 p.m.

ATTEST: Michele McMahon, City Clerk