Missouri Municipal Review, January/February 2025 by Missouri Municipal League

ENVIRONMENTAL ISSUE

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Cover Photos: top left, BVCP Success Story: Peabody Opera House, bottom left, Native Landscaping, Photo

Credit: David Young, top right, City of Ozark Stream Team, bottom right, City of Berkley Police Department's Electric Vehicle and Charging Station.

MISSOURI

President: Len Pagano, Mayor, St. Peters; Vice President: Damien Boley, Mayor, Smithville; Immediate Past President: Matt Turner, Alderman, Harrisonville; Judy Bateman, Alderman, St. Peters; Melissa Burton, City Clerk, Overland; *Chuck Caverly, Council Member, Maryland Heights; *Michele DeShay, Mayor, Moline Acres; Reed Dupy, Council Member, Chillicothe; Barbara Flint, Finance Director, Eureka; *Joe Garritano, Council Member, Wildwood; John Josendale, Mayor, St. Joseph; Dustin Kessler, Mayor, Morrisville; *Chris Lievsay, Council Member, Blue Springs; Timothy Lowery, Mayor, Florissant; Ken McClure, Mayor, Springfield; Thomas Oldham, Council Member, Sedalia; Michael Padella, City Administrator, Cottleville; Ryana Parks-Shaw, Mayor Pro Tem, Kansas City; Steve Rasmussen, City Manager, Cameron; Marcieta Reed, Alderman, Vinita Park; *Matt Robinson, Mayor, Hazelwood; Mike Roemerman, Mayor, Ellisville; *Kathleen Rose, Mayor, Riverside; Erin Seele, City Attorney, Kirkwood; Robert Smith, Council Member, Poplar Bluff; Sean Wilson, Mayor, Waynesville

*Past President

AFFILIATE GROUPS

Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association

EDITORIAL

Laura Holloway, Editor Lholloway@mocities.com

Richard Sheets and Meghan Vossen Contributing Editors

GRAPHIC DESIGN

Rhonda Miller

The Review January/February 2025; Volume 90, No. 1

The Missouri Municipal Review (ISSN 00266647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109.

Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri.

Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109.

To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at info@mocities.com.

Website: www.mocities.com.

President's Review

by Len Pagano, Mayor, St. Peters, and MML President

" Thank you for your work each day to make Missouri cities a great place to live, work, and play. "

A New Year For Growth

As we enter another exciting year of progress and opportunities for Missouri’s cities, I want to take a moment to encourage your commitment to your city by staying active with the Missouri Municipal League.

If you are relatively new to MML, take a little time to see how the League can serve you. One outstanding opportunity coming up is the 2024 MML Legislative Conference Feb. 18-19, 2025, in Jefferson City, Missouri.

The MML Legislative Conference is more than just a gathering; it is a vital opportunity for leaders like you to connect, collaborate, and ensure Missouri cities are speaking as a united voice. Whether discussing legislative priorities, sharing best practices, visiting the Missouri State Capitol or building relationships with peers and state lawmakers, your participation strengthens our collective impact. When we come together to address the challenges and opportunities facing Missouri’s communities, we reaffirm our commitment to the residents we serve.

While the MML Legislative Conference is an important highlight, it is just one of many events and initiatives MML has planned for 2025. From MML’s three main conferences each year to regional meetings and other training opportunities, the League is here to support you every step of the way. I encourage you to stay informed by watching for the MML Voice newsletter in your inbox bi-weekly, reading the MML Review magazine, and regularly visiting the League’s website at www.mocities.com. These resources are designed to keep you updated on legislative developments, educational opportunities, and the latest tools to help your communities thrive.

This time of year, it is especially important to watch for the MML Capitol Report and legislative alerts that begin this month and continue through the Missouri legislative session. Your voice makes a strong impact with your local state legislator, and your citizens will benefit from your efforts. If you are not receiving the weekly bulletins, be sure to contact MML at info@ mocities.com

Finally, make sure to check out the MML Legislative Toolkit and our recent podcast episode about what to expect from the 2025 Missouri legislative session. Your voice is so important, please take a moment to review what is ahead. The Legislative Toolkit can be found in the Advocacy section of mocities.com, and you can also find the latest podcast episodes at the MML site or by subscribing to Missouri City View in your favorite podcast app.

As we look ahead, I wish all elected officials and municipal employees a successful and rewarding year serving their communities. Your hard work and dedication are the foundation of strong, vibrant cities, and your commitment to public service does not go unnoticed. Thank you for your work each day to make Missouri cities a great place to live, work, and play.

Let’s continue to build on our successes and face the challenges ahead with determination and unity. I look forward to seeing many of you in Jefferson City this February and throughout the year at MML events. Together, we can make a lasting difference for the residents of Missouri.

Director's Review

by Richard Sheets, Executive Director, Missouri Municipal League

In a 2005 article that continues to resonate today, Gary Markenson, the executive director of the Missouri Municipal League from 1981 to 2010, shared his observations and concerns about the contentious relationship between Missouri legislators and cities. His sentiments remain relevant and poignant, highlighting an ongoing issue that municipal officials still face.

We understand the challenges you face as municipal officials, and it is essential to cultivate relationships with state legislators and actively participate in the legislative process. The League will continue its diligent efforts to advocate as a unified voice for municipalities, promoting the principle that local decisions should rest within the hands of local leaders. We encourage you to read Gary’s full article below. Thank you for your continued dedication to our communities.

So, When Did We Get To Be The Enemy?

By Gary Markenson, 2005

In recent sessions of the General Assembly, and especially this year, it seems that many legislators are unsupportive (to say the least) of local governments and local government officials. Many campaigned on a platform of less state government and more local control, but after Election Day, they forget the campaign slogan when it becomes inconvenient. Why is it that we, increasingly, are regarded as the enemy?

With the implementation of term limits, the General Assembly has experienced almost a complete turnover since 2002. Many of the new legislators arrive with a mindset, a set of values and attitudes toward government in general. They often distrust government at all levels, state and local, oppose taxes in general and dislike government regulation. They tend to be supportive of the private sector and individual property rights. The mindset is not partisan; it afflicts Democrats and Republicans alike.

When legislation highlights a conflict between local government and the private sector (a frequent occurrence), it is very easy to persuade legislators that the local government is in the wrong. Legislators believe that “they” (city officials in general, but never those in their district) abuse TIF, and that “rogue cities” harass billboard owners and impose onerous regulations on telecom companies. The lobbyists for the private sector seek to demonize local government officials, and too often, legislators believe them.

We can observe this ideology – distrust of government, dislike of taxes and regulation, and support for the private sector and personal property rights – in many of our legislative issues this year: sales tax holidays, telecom taxation issues, regulation of billboards, owner/renter joint liability for delinquent water and sewer bills, restrictions on TIF, prohibition on condemnation for economic development purposes, anti-annexation bills, etc.

The situation is compounded by the increasing importance of campaign funds in increasingly expensive legislative races. Money has always talked in Jefferson City. The special interests, who make endorsements and finance these campaigns, are often supporters of bills to mandate costs in cities or restrict local authority to tax or regulate. On the other hand, municipal officials tend to be non-partisan and neutral in legislative campaigns.

City officials tend to view relations with the General Assembly as a partnership in providing services to our joint constituents. They want the General Assembly to give them the tools, the flexibility and the assistance to provide efficient, effective services. Today, it seems that not only do we not necessarily share the same goals, but that we are often pulling in opposite directions. City officials are surprised and dismayed when the General Assembly seems to adopt the approach that they need to pass laws to protect their joint constituents from their own locally elected officials.

So what do we do? There is no magic solution (unfortunately) except more hard work. City officials need to build even better relations with their legislators in an effort to rebuild the state-local partnership. Every municipal official must follow legislation, contact state legislators when appropriate and thank them when they support local government. Perhaps, the most important part of this effort is to develop personal relationships between elected officials at the state and local levels. We need to establish long-term personal relationships with legislators outside the confines of the legislative session. We need to work together to help Missouri and our cities to move forward. Ultimately, we should all be working for the same goal – to serve the people of Missouri.

• • • ENSURE YOUR MUNICIPALITY’S VOICE IS HEARD!

View MML’s Legislative Toolkit to learn more about the legislative process, how to read a bill, important communication strategies for meeting with legislators, and a glossary of legislative terms. This guide will help you better understand the legislative process and how you can help ensure your municipality’s voice is heard. Find the toolkit at www.mocities.com/advocacy/legislative-activity.

Have you met with or contacted a Missouri state legislator? Let us know!

Your input helps MML coordinate advocacy efforts. Find a reporting form at www.mocities.com/advocacy/legislative-activity, or contact MML Executive Director Richard Sheets at (573) 635-9134 or Rsheets@mocities.com.

by Sarah Darknell

Brownfields: What Can MoDNR Do For You?

Businesses To Brownfields

Picture the town where you currently live or where you grew up. What businesses thrived there decades ago that are no longer around? An old gas station situated on a prominent corner of a once-bustling business corridor may have attracted passing cars while serving as the go-to spot for locals to refuel. Next door, the local dry cleaners are busy pressing and starching work shirts and church clothes. Just a block away, there is an automotive center servicing local cars and trucks. Think of the old bank that featured architecture made to display the area’s prosperity with large windows and ornate facades. A vital pillar of local commerce likely lies somewhere in the town that has been a major regional employer for decades.

Now, where are these buildings today? Has time had its effect, and have new developments begun to erase the past, giving way to modern commercial structures and residential homes? Maybe some of the buildings were saved and restored by the local historic preservation committee, and still stand as a memory of the past but have been given new use and purpose. Or do the skeletons of those businesses stand empty, abandoned and have become an underutilized community asset?

Approximately 300,000 to 500,000 abandoned commercial and industrial properties are left dotting our country’s cities, towns and counties. 1 Blighted and weed-grown, these buildings and spaces are marked as “brownfields” and may host numerous hazardous environmental contaminants. The presence or threat of these hazards may be the reason some properties that once hosted successful businesses are left underused or idle for so long.

ATSU’s Unexpected Brownfield: A Cleanup Success Story

Located in northern Missouri, A.T. Still University (ATSU) - Kirksville College of Osteopathic Medicine (KCOM) is the birthplace of osteopathic medicine. The university provides training for doctors of osteopathic and dental medicine. In addition, it operates a family medicine clinic and a state-of-the-art medical research facility. In the mid-1990s, construction workers uncovered an underground brick structure while grading to add a new parking lot for the clinic building, home to ATSU’s family medicine clinic. This structure belonged to a former manufactured gas plant called Lewistown Heet Gas. Construction workers noticed that the brick structure contained coal tar. This discovery stopped construction activities and prompted a site investigation to ensure worker safety. The contractor contacted the Missouri Department of Natural Resources’ Brownfields/ Voluntary Cleanup Program (BVCP), which helped them engage specialized site investigators.

The site investigators found additional structures with tarry residue along with soil and groundwater contaminated with several hazardous chemicals, including benzene, toluene, ethylbenzene, xylene, polyaromatic hydrocarbon compounds (PAHs), and volatile organic compounds (VOCs). Exposure to these chemicals can cause an array of health problems, including dizziness, headache, nausea and vomiting, fatigue, blurred vision, loss of muscle coordination, irregular heartbeat, and damage to the liver, kidneys, and central nervous system.2 The investigation concluded that the parking lot designated for the university

clinic pose a threat to on-site workers and community members due to the presence of dangerous environmental chemicals.

The site was then enrolled in the BVCP’s voluntary cleanup program, and with state oversight, several thousand tons of contaminated soil, debris and coal tar were excavated and removed in 1998. Groundwater monitoring and a risk assessment conducted after the cleanup concluded that residual soil and groundwater contamination does not pose a human health risk if digging and ground use restrictions are followed. Today, the completed parking lot is an essential part of the campus, and the proper cleanup of the site protects the health of ASTU students and visitors.3

Parking lot during excavation.

Parking lot after remediation.

How Can the Brownfields/ Voluntary Cleanup Program Help You?

As city and county officials, you can collaborate with numerous professionals to help maintain and improve existing infrastructure and promote economic development within your jurisdiction. Missouri Department of Natural Resources Brownfields/Voluntary Cleanup Program (BVCP) is an available resource to help tackle your brownfields and transform them into viable, valuable community assets. We offer services to help identify potential brownfields and provide cleanup oversight. If needed, our Long-term Stewardship Program assists in maintaining these sites to ensure they can continue to be used safely without posing risks to residents and visitors.

Several of our services are provided at no cost to cities, counties, and not-forprofit organizations, including area-wide inventories, phase I and II environmental assessments, and Analysis of Brownfields Cleanup Alternatives (ABCA). We also have an online database called E-START, where you can see what brownfields have been identified in Missouri. E-START gives you valuable information on each site, such as a site description, list of contaminants found, cleanup progress,

certificates of completion and any site land restrictions. Missouri tanks and other regulated site information is also available on E-START. If you want to request more information on a particular site, you can go to the DNR’s website at dnr.mo.gov to submit an Open Records/ Sunshine Law Request. If you want more information about utilizing our services or more resources to help meet your brownfield needs, please email Sarah.Darknell@dnr.mo.gov, outreach coordinator for the Brownfields/ Voluntary Cleanup Program.

Resources:

1 Brownfields/ voluntary cleanup Brownfields/ Voluntary Cleanup | Missouri Department of Natural Resources. (n.d.). https:// dnr.mo.gov/waste-recycling/investigationscleanups/brownfields-voluntary-cleanup

2Benzene, Toluene, Ethylbenzene, Xylenes (BTEX). US Department of Health and Human Services, Agency for Toxic Substances and Disease Registry, 2004

3 Hidden Treasures: Rural Roots. Brownfields/ Voluntary Cleanup | Missouri Department of Natural Resources. 2011.

History Of Brownfield Government Initiatives

Beginning Of Government Intervention

Government involvement and oversight of hazardous substances began in 1976 under the Resources Conservation and Recovery Act (RCRA) and Toxic Substances Control Act (TSCA). RCRA and TSCA were passed in response to public concern about “midnight dumping” or illegally dumped toxic wastes that impacted various communities nationwide. With these acts, the Environmental Protection Agency (EPA) gained authority to protect public health and the environment by controlling toxic chemicals that pose an unreasonable risk of injury to the public.

Creation Of Superfund

Shortly after the EPA gained new authority over toxic chemicals in 1977, an environmental disaster struck in Bridgeport, New Jersey. In a sizeable chemical waste treatment facility, a welder’s torch sparked a series of chemical reactions that caused an uncontrollable and horrific fire. The fire caused six deaths and 35 hospitalizations. It was reported that “…the

raging fire propels waste drums through the air and blankets the city in a funnel of black smoke that reaches hundreds of feet into the sky.” The toxic industrial waste being stored there spread over the site, into a local creek, and the air. The

Brownfields/Voluntary Cleanup Program (BVCP) Projects

Love Canal

release sent several firemen and townspeople seeking medical attention for nausea, dizziness and headaches after inhaling the chemicals.

Another environmental disaster occurred just a year later when Niagara Falls, New York, Love Canal neighborhood was declared a state of emergency due to a sudden increase in skin rashes, miscarriages and birth defects. These health impacts were caused by toxic chemicals in a landfill, on top of, and near where a school and several houses had been built. The effects from the leaking chemicals that rose as toxic fumes in basements and sat as rainbow-colored rain puddles impacted residents for the rest of their lives. Love Canal is now an infamous environmental disaster, and it is the first time federal emergency funds were used in a situation other than a natural disaster.

These disasters led Congress to pass the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, in 1980, which included numerous beneficial components to aid cleanup. CERCLA authorized taxes on petroleum and chemical feedstocks to help finance the cleanup of abandoned hazardous waste sites, established liability for cleanup on current and former owners of facilities and set standards for remediation of high-priority hazardous waste sites. CERCLA better equipped EPA to handle numerous massive environmental disasters like the dioxin contamination in Times Beach, Missouri, the Exxon Mobile Oil spill in Prince William Sound and many more.

First Brownfields Initiatives

The EPA has tweaked CERCLA over the years, adding things like the Right to Know Act and various amendments, making it even stronger and more effective. In 1993, the EPA created the first brownfields initiative to start addressing contaminated abandoned buildings all around the nation that were not in severe enough condition to be considered an emergency or placed on its National Priorities List but still impacted communities. Noticing the need and effectiveness of the brownfields program, in 1997, the agencies responsible for supporting the initiative received $300 million in federal funds to assist in the cleanup and redevelopment of as many as 5,000 abandoned or underutilized properties. The Brownfields Initiative went on to win the Harvard University Innovations in Government Award in 2000. In January 2002, President Bush signed the Small Business and Liability Relief and Brownfields Revitalization Act, which expanded the brownfield program, boosting funding for assessments and cleanups, and adding roles for states and tribes.

Brownfields Programs Today

President Biden signed the Bipartisan Infrastructure Law (BIL) in 2021, awarding $1.5 billion to be invested into brownfields nationwide, most of it through multipurpose, assessment, cleanup grants and revolving loan funds. So far, $300 million has been awarded. Learn more at www. epa.gov/brownfields.

Today, each state has its own brownfield program that works with the EPA to aid communities in getting contaminated buildings back into safe reuse. The Missouri Department of Natural Resources runs its Brownfields/Voluntary Cleanup Program (BVCP), providing free resources for communities to help start their brownfield projects. So far, they have successfully aided in the identification and cleanup of thousands of sites across Missouri and are still looking for more. The BVCP partners with the EPA as well as Kansas State University - Technical Assistance to the Brownfields (KSUTAB), to provide free technical assistance to those working on brownfield projects. For more information about KSU-TAB, visit www.ksutab.org.

Sarah Darknell is the outreach coordinator for the Missouri Brownfields/Voluntary Cleanup Program. Contact Sarah at Sarah. Darknell@dnr.mo.gov or 573-526-4725.

Resources: 1US EPA, OLEM. “Superfund History- US EPA” US EPA 26 Nov. 2018, www.epa.gov/superfund/superfund-history.

BOND FINANCINGS

by Carol Davit

Native Landscaping Benefits Municipalities

Over the past decade, towns and cities in Missouri have dramatically increased the use of native plants in landscaping projects. Today, it is not uncommon to see butterfly gardens in the heart of downtowns, native grasses in medians, swaying in the breeze of passing cars or wetland plants in rain gardens on street corners.

Why the increase? Simply put, native plants work. Municipal governments are incorporating native landscaping on public property, from garden beds to tree plantings to large acreages seeded with native wildflowers and grasses. Native plants work to reduce mowing, manage stormwater, beautify neighborhoods, create shade, and improve the overall quality of life for all, from songbirds and pollinators to humans.

Landscaping That Gives Back

When integrated into the fabric of a city or town, landscaping with native plants plays an important role in protecting the health, safety, and welfare of residents:

• From drought-adapted prairie and glade wildflowers to flood-tolerant native trees, native plants increase a community’s resilience to natural disasters.

• The deep and complex roots of many native plants slow and filter stormwater, reducing pollutant loading and flash flooding of urban streams following rain events.

• Shade from native trees and other plants reduces the urban heat island effect.

• Deep and complex roots of native plants lock in carbon, removing it from the atmosphere.

• Economic development enterprises, from commercial districts to tourism, attract more visitors when landscaped, and landscaping with native plants, as opposed to nonnative ones, provides multiple benefits.

• Native landscaping creates opportunities for recreational activities such as bird-watching, nature play, spiritual renewal, and cultural connections to the community at large.

Of significant interest to municipal officials and taxpayers, native landscaping can also be less expensive to sustain than conventional landscapes such as large areas of turf and beds of nonnative annuals that are planted every year. While native landscapes do require investments in planning, installation, and stewardship, unlike conventional landscaping, native

These drought-tolerant plants native to Missouri glades—which are like mini-deserts—are ideal for landscaping in urban areas dominated by asphalt and concrete. Photo Credit: David Young

landscaping gives back to communities in benefits to pollinators and other wildlife, stormwater management and carbon storage. Additionally, when native perennials are used in landscaping, the costs of installing beds of nonnative annuals every year are no longer incurred. The multifunctionality and beauty of native plants make them great choices for community landscaping needs.

Looking Good And Staying That Way

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You can, too.

Native landscaping does not have to look “wild” or “messy.” Just like conventional landscaping, native landscaping can be formal and neat and remain attractive and healthy for decades. To provide optimal benefits, native landscapes require longterm maintenance and stewardship commitments, just as communities commit to long-term maintenance and stewardship of transportation corridors, streetlights, waste management, and other essential infrastructure and services.

Forethought planning, and patience pay off when creating native landscaping from seeds, seedlings, and/or small containers. Unlike turf lawns installed by rolling out pre-cut sod or a bed planted with petunias in full bloom, native plantings take time to become established. Time can be thought of as a principle of design or an art element that changes the appearance of plants not only during each season, but also as they grow from seed to maturity.

Be aware that when native grass and wildflower seeds are sown, they invest their energy primarily into root development for years before transitioning focus to aboveground plant growth. These native plants may not reach their mature size or bloom proficiently until three or more years after seeding.

Canopy trees, such as bald cypress or native oaks, can take decades to grow 60 to 70 feet tall. However, with the potential to grow up to two feet each year, their growth can be apparent within just a few years after planting. With mindful stewardship, native trees like oaks are long-lived—growing for up to 200 years—forgoing replacement costs and anchoring communities.

Once the timeline for establishing native plant landscapes is understood, a community’s appreciation and support for such investments should increase. Educational signage posted by seeded landscapes and new tree plantings can help create conservation among community members by informing them of establishment timelines, the benefits of native plants, and the stewardship commitment the community has made to the long-term success of each new landscape.

In addition to new, designed plantings, communities can manage native plants already growing in local natural

Native plants originally occur within a region as the result of natural processes, rather than human intervention. Native plants existed here for thousands of years before Euro-American settlement, a little more than 200 years ago. While the activities of Indigenous people did affect the region’s ecosystems, it was not until the mid-1800s that large-scale habitat alteration and the introduction of nonnative plants began to significantly change Missouri’s natural landscapes. Native plant species in the lower Midwest have evolved here over millennia and are best adapted to the region’s climate and soil conditions. Even more importantly, native plants have co-evolved with native insects and animals, forming the foundation of nature’s web of life.

areas, such as intact tracts of wooded streams, woodlands or forests, rocky outcrops with native glade plants, or even rare, unplowed prairies. Management plans written for these areas will provide guidance on short- and long-term stewardship practices to protect their health and provide optimal services for communities, such as serving as visual or sound buffers. Community conservationists with the Missouri Department of Conservation can help your community project and enhance those features.

Native Landscaping Projects Across Missouri

The following examples illustrate native landscapes established and stewarded by local governments and other public-serving entities that provide many benefits to communities.

Roadside Native Plantings

Columbia, Missouri

“Many operations of the city of Columbia involve land management, from easements and rights of way to facility landscaping, parks, and green infrastructures, and more and more of these stewardship decisions involve native plants,” said Eric Hempel, manager of the city of Columbia’s Sustainability Office.

“In addition to the aesthetic and wildlife benefits of native landscaping, there are significant operational benefits. The city of Columbia’s Public Works Department has saved money and removed workers from harm’s way by transitioning 30 acres of median and roadside area from mowed turf to native plants,” said Hempel. “This also allows the crews to prioritize other streets division work instead.”

Government Plaza Native Rain Gardens

Springfield, Missouri

Rain gardens and bioswales featuring native plants outside the Springfield Government Center reduce stormwater runoff. The gardens have a structured maintenance plan and are cared for by city of Springfield horticulture staff year round. In winter, the gardens are cared for with pollinators in mind. Stems are cut back to 12” to provide habitat for bees that nest in hollow stems.

“The native plantings at the Government Plaza have been in place for 10 years now and continue to provide beauty

and a little piece of nature for employees and visitors alike,” said Carrie Lamb, water quality compliance officer with the city of Springfield. “It has been invaluable to have these plantings right outside our office to use for education and demonstration of sustainable landscaping and stormwater management.”

Southern Boone County Public Library Ashland, Missouri

This one-half acre garden is a community-focused project: The original plants were provided by a local donor, the garden’s design was improved upon by a local resident, a local landscaper cares for the garden and the local library groups helped fund the project.

The garden serves as a springboard for library programming, including a seed exchange, a craft activity where children make name tags for the plants and lessons about the importance of pollinators. The garden provides a great educational tool for patrons and other members of the community due to its high traffic and visibility.

South Grand Business District Rain Gardens

St. Louis, Missouri

The gardens of the South Grand Business District in the heart of South City, St. Louis, consist of 14 rain gardens and a total of 32 bump-outs along 6.5 city blocks between Arsenal and Utah Streets, and also include a parking lot along with some natives in an adjacent pocket park. Butterflies, bees and rabbits have been spotted in the garden, and the plants serve as hosts for caterpillars to numerous species of butterflies

An established roadside native planting in the city of Columbia. Photo Credit: City of Columbia

Photo Credit: Carrie Lamb

Photo Credit: Bill Ruppert

and moths, in addition to slowing and filtering stormwater.

“I love that passersby stop and read the rain garden signs, including children who ask their parents to read the information aloud to them,” said Rachel Witt, executive director, South Grand Community Improvement District, which oversees the stewardship and funding for the gardens.

“Before we established these gardens, Grand and Arsenal routinely flooded after rain events, but now, even after heavy rains, we are not experiencing flooding in the corridor,” said Witt. “We established this native streetscape 13 years ago, and during that time period, I have learned from the St. Louis Metropolitan Sewer District that it has received the highest percentage of applications for its residential rain garden grants from South Grand neighbors. We have inspired the surrounding community.”

Municipal Engineering

To help municipal professionals plan for native landscaping projects, the Grow Native! native landscaping education and marketing program launched a Native Landscaping Planning Toolkit for Municipal Professionals in the summer of 2024, available at grownative.org/learn/natives-for-communities/ municipalities-toolkit/. This free set of resources is designed to help planners and other municipal professionals develop timelines for native landscaping projects, understand establishment and stewardship steps for long-term landscaping project success and provide case studies for examples of outstanding native landscaping projects.

Carol Davit is the executive director of the Missouri Prairie Foundation and its' 25-year-old Grow Native! native plant marketing and education program. Learn more at moprairie.org and grownative.org.

Photo Credit: Michael Kilfoy (Studio X)

by Mary Culler

What's Your Drip Code?

Resources From Missouri Stream Teams And A Current Effort To Improve Environmental Health In Missouri Communities

“What is your drip code?” If asked that question, you might ask, “What is a drip code?” We all know what a ZIP code is, but what is a drip code?

In this context, a drip code refers to the local watershed where you live. If asked the question, “What is a watershed?”, how would you respond? In my two decades of working as a water educator, I have found that the most common answer to that question, if posed to a class of fourth graders, is “The shed out back where water is stored.” Smart answer, but not the answer I was hoping to hear when teaching about water quality. I was hoping to hear an answer similar to “A watershed is an area of land that drains precipitation to a certain body of water, such as a creek, river, wetland, or lake.”` Another answer for watershed could be “drainage basin or catchment” or “an area of land defined by

its elevation from which all water within it flows by gravity to a downstream body of water.” Correct! Good answers!

A drip code is just another way of asking, “What watershed do you live in?” Do you know the answer? Do the residents of your community know their watershed?

In 1989, a group of fly fishermen and community members of Waynesville, noticed their local stream had become trashed with litter, so they decided to take action. They invited Governor John Ashcroft to the banks of Roubidoux Creek, and the Missouri Stream Team Program was born – an effort to mobilize and equip volunteers for stewardship of their local waterway. Thirty-five years later, more than 6,000 Missouri Stream Teams have formed, with each team participating in voluntary actions in

their community, such as litter pickup events, water quality monitoring, storm drain stenciling, tree planting and educational events. Today, with the support of sponsor agencies including the

City of Ozark Stream Team.

The Roubidoux Fly Fishers signed up as the first Missouri Stream Team in 1989 to help improve their local fishing stream in Waynesville, Mo. Since then, over 6,000 Missouri Stream Teams have formed throughout the state. Missouri cities and towns can sign up to be a Missouri Stream Team and receive free resources for caring for their local waterways.

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“HELPING PEOPLE AND ANIMALS TO GROW BETTER TOGETHER”

The Missouri Animal Control Association (MACA) was founded in 1977 for the purpose of providing training, education, and support for animal care and control professionals across Missouri and surrounding states.

Our members include animal control officers, humane officers, law enforcement officers, veterinarians and many others working in the field of animal care and control.

Our members share the common goal of improving the welfare of animals through public education, law enforcement.

MACA provides access to training and networking for its members.

MACA is an Afﬁliated State Association Partner with the National Animal Care and Control Association (NACA).

LOCATIONS TO SERVE YOU, WHERE YOU ARE.

Missouri Department of Conservation (MDC), the Missouri Department of Natural Resources (DNR) and the non-profit Conservation Federation of Missouri, the Missouri Stream Team Program provides Missourians and their communities with resources, trainings and tools to educate people about local

watersheds and take positive actions for water stewardship.

Cities and towns in Missouri may not be aware of the resources available to them through the Missouri Stream Team Program. Did you know that your city or town can sign up to be a Missouri Stream Team? Individuals,

organizations, or local governments can form their own stream team by completing a simple online form1, and there is no cost. Pick your team name, such as your city’s name, or something more creative, and your city or town will receive a stream team identification number. Once recognized as a stream team, you are eligible to order free supplies for community litter pickup events, including trash bags and leather gloves, and appreciation items for community volunteers, including t-shirts, stickers, and other small prizes. Cities and towns can also order free tree seedlings once a year for planting near local streams. In exchange for the free supplies and appreciation items, the Missouri Stream Team Program asks to receive a simple post-activity report so they can accurately report the number of volunteers, volunteer hours and positive actions completed.

The Missouri Stream Team Program also offers free training opportunities for city staff and community volunteers. Cities or incorporated areas with populations greater than 10,000 or greater than 1,000, within a larger urban area may be required to have a Municipal Separate Storm Sewer System (MS4) stormwater permit through DNR. There are currently more than 160 local areas (most are cities and counties, but some are universities and military bases) in Missouri that have requirements to meet as part of their MS4 stormwater permit. For communities recognized as MS4s and whose community’s stormwater is regulated by an MS4 permit, participation in Missouri Stream Team activities can fulfill certain requirements of this permit – including the requirements for public education and training. City staff who complete Volunteer Water Quality Monitoring (VWQM) training through the Missouri Stream Team Program will receive skills and water quality monitoring equipment that can be used to monitor community streams and evaluate illicit discharges. Several Stream Team activities count as best management practices for MS4 permit requirements.2

So why do Missourians care about the quality of water in our rivers, lakes and streams? The answer to that question is different for each person. The local creek

Municipal staff are eligible to receive free training in water quality monitoring through the Missouri Stream Team Program. Your city or town can sign up to be a Missouri Stream Team for free at www.mostreamteam.org. Missouri Stream Team activities can help fulfill some requirements of MS4 (Municipal Separate Storm Sewer System) permits.

in your community may be where they played as a child, caught crawdads with their siblings, and where they now take their own grandchildren to play and spend precious time outside and away from electronic screens. People may have their favorite fishing spot, swimming hole, float stream, or lakeside getaway, where they can find solitude in nature or make good memories with family and friends. In addition to our individual need to have clean water for drinking, bathing, and cooking, having clean water for recreational activities is one aspect that makes many Missouri communities an attractive place to live or visit.

As your city’s drinking water and wastewater operators are aware, there are many water contaminants of concern that can be either harmful for human consumption or harmful for the animals and people who live downstream. Pollutants of concern for drinking water and wastewater include bacteria (measured as E.coli), nutrients (such as nitrogen and phosphorus), sediment (which causes turbidity), heavy metals, pesticides or other chemicals, and more recently PFAS (per- and polyfluoroalkyl substances) or “forever chemicals.”

One increasingly concerning pollutant of our nation’s waterways and a substance that has been shown to be

harmful to human health is plastic. We see it everywhere we go, it seemingly surrounds us, even in grocery stores. You may have seen an accumulation of single-use plastic bottles under a bridge in your city or covering storm drains in your community. The production of plastic began soaring in the 1960s, and plastic production has increased 230-

fold since the 1950s, with now more than 450 million tons produced globally, each year. More than half of the plastics ever produced have been made since the year 2000. The result is plastic litter accumulating in local waterways and ultimately the oceans. Microplastics (plastic particles between 5 mm to 1 mm in size) have been found to be ubiquitous in the environment – being found in the most remote of places, including deep ocean trenches, mountain peaks and inside animals and the human body.

Mountains of new research are unveiling the harmful effects of plastic pollution on our individual human health and the environment. Research has shown plastics leach toxic chemicals, including endocrine disruptors, carcinogens and reproductive toxicants (substances that negatively impact the reproductive system). Plastic particles have been found in the human brain, heart, liver, kidneys, and placenta, and in semen, blood, breastmilk, and newborn stool. A plastic product of significant concern to human health is polystyrene foam. Often used for food packaging, polystyrene is known to leach carcinogen chemicals into food and beverages, especially when contents are hot, acidic or high in fat. Recent research has also shed light on chemical exposure from artificial turf surfaces, which

The city of Hannibal (Stream Team #4705) coordinates a litter pickup event as part of their actions to improve environmental health in their community. The Missouri Stream Team Program provides free trash bags, gloves, and t-shirts for litter pickup events.

Where does the water in your community flow?

In Missouri, all of our communities are in the Mississippi River watershed, with water from rivers eventually flowing to the Gulf of Mexico. For about half of our state, rivers and streams flow into the Missouri River, before entering the Mississippi River at St. Louis.

are manufactured with endocrinedisrupting chemicals, heavy metals and PFAS. These chemicals, in addition to the plastic particles that constitute artificial turf, wash into nearby streams through stormwater and runoff.

Most Missourians may not be aware of the health impacts of plastic used in their daily lives. Although some businesses and organizations have made strides to reduce plastic use in their establishments, it remains true that the use of single-use plastics in Missouri is still prolific. Missourians currently pay for the costs of plastic pollution and waste management. The Missouri Stream Team Watershed Coalition is partnering

with the Missouri Foundation for Health to facilitate discussions about tangible actions that Missourians can take to reduce plastic use, and the negative health effects of plastic. We encourage every city or town to take this simple 10-question survey 3 , that will help facilitate new resources for reducing plastic use in Missouri communities. Missouri is rich in water resources, when compared to many other states and nations around the world. The many flowing rivers, streams, groundwater aquifers, springs and reservoirs that are found within Missouri provide a regional abundance of this life-giving resource. Even in times of measured drought that

may be negatively impacting individual communities and farms, overall, Missouri is a water-rich state. Having an abundance of clean water to supply your community is critical to the growth and long-term health and sustainability of your community. Likewise, minimizing pollution from your community is critical for improving the health of residents and the health of other nearby communities in your region. A region rich with clean, abundant water, healthy people and vibrant natural resources will serve to attract people, whether it is tourists seeking a weekend getaway, or people seeking a new community to live in for years to come. Participating as a Missouri Stream Team is one simple action that communities can take to make their community an environmentally friendly and healthy place to live.

Where to find more resources:

1Missouri Stream Team Program – Signup as a Stream Team, order supplies, report an activity, find training resources at www. mostreamteam.org

2Municipal Separate Stormwater Discharges (MS4) permit requirements and resources

https://dnr.mo.gov/water/businessindustry-other-entities/permits-certificationengineering-fees/stormwater/municipalseparate-storm-sewer-systems-ms4

Email: MS4@dnr.mo.gov.

Commercial Litigation*

Litigation - Municipal*

Commercial Litigation* Litigation - Municipal*

Medical MalpracticeDefendants*

3Take the 10 Question Survey for Missouri municipalities to see how you might receive resources to reduce plastic use in your community. Use the QR code below or https:// forms.gle/wS4VJW6KRc7AAQTG8.

Eminent Domain and Condemnation Law

Municipal Law*

Corporate Law*

Land Use and Zoning

Real Estate Law*

Workers’ CompensationEmployers

Condemnation

*Hamilton

Contact Mary at mary@ streamteamsunited.org.

Mary Culler is the Executive Director of the Missouri Stream Team Watershed Coalition.

conference in the midwest

This conference is packed with comprehensive, impactful, and actionable sustainability ideas, plans, and best practices for local government and business professionals.

FEATURING KEYNOTE SPEAKERS:

Jeremy Hoffmann DIRECTOR OF CLIMATE JUSTICE & IMPACT AT GROUNDWORK USA

Lil Milagro Henriquez FOUNDER OF MYCELIUM YOUTH NETWORK

PRESENTED BY POWERED BY

Rozina Kanchwala FOUNDING EXECUTIVE DIRECTOR OF ECO. LOGIC

by Josh Campbell and Caleb Arthur

Solar Energy Growth In Missouri: A Guide For Municipalities

And Local Businesses

As municipalities across Missouri seek ways to promote economic development and attract businesses committed to sustainable and profitable operations, the installation of solar energy by local businesses has emerged as a promising pathway. Solar energy not only benefits the businesses that use it, reducing energy costs and providing long-term price stability, but also brings significant advantages to local communities, including job creation, environmental improvements, and resilience in the face of energy supply disruptions. However, there are challenges and barriers that must be addressed to make solar energy more accessible and feasible for all Missouri businesses. Here, we outline the benefits of solar energy installations, the common barriers faced and effective strategies Missouri communities can use to encourage clean energy investment.

The Benefits Of Solar Energy For Local Businesses And Communities

Solar energy adoption by businesses offers multiple benefits to both the businesses themselves and the communities in which they operate. In an era of inflationary pressures and supply chain constraints, cost savings and energy price stability are sought by many companies. Electricity costs are a large operating expense for many businesses, and energy rates have increased significantly over the years. Solar power allows businesses to reduce their reliance on traditional power sources, locking in energy costs over the long term. With solar installations having an average lifespan of 25-30 years, businesses can enjoy a steady and predictable source of electricity,

reducing their exposure to market volatility and protecting their bottom line, all while improving the value of their property.

Properties with solar installations tend to have higher market values, a benefit for business owners who may wish to sell their property in the future. Additionally, solar energy aligns with an increasing consumer preference for sustainable business practices, enhancing customer goodwill and brand reputation. Solar-powered businesses are often seen as leaders in environmental responsibility, which can provide a competitive advantage in today’s ecoconscious market. By recognizing changing market expectations and simultaneously increasing property value and market appeal, businesses can prosper today and into the future.

Job creation is one of the primary benefits of solar expansion. The growth of the solar industry creates jobs, from installation and maintenance roles to technical positions focused on energy management and technology development. Currently, Missouri ranks 28th in the nation for solar jobs, with significant growth potential in rural areas where land availability supports groundmounted solar farms. Furthermore, solar farms can provide new property tax revenues to municipalities. Local governments that support solar energy can help stimulate their local economy by attracting businesses involved in the solar supply chain, potentially resulting in new opportunities and a skilled workforce within the community.

The Community Solar Program established by the city of Columbia allows businesses and residents to a subscription-based renewable energy program. This program is a scalable model for smaller municipal utilities as well as investor-owned electric companies.

The Jefferson City project powers local government facilities, reduces energy costs, and showcases the municipality’s commitment to sustainability. Municipal governments that adopt solar energy for public facilities see reduced utility costs, freeing up funds for other services. By reducing greenhouse gas emissions and air pollutants associated with fossil fuel power generation, solar energy can significantly improve local air quality and reduce a community’s carbon footprint. Clean energy contributes to healthier residents, reduces healthcare costs and strengthens community resilience to climate-related challenges.

FUTURE STARTS WITH MISSOURI LAGERS

Barriers To Solar Energy Installation For Missouri Businesses

While the benefits of solar energy are compelling, businesses still face several barriers when considering solar installations.

The initial cost of solar panel installation can be prohibitive for many businesses, particularly small and medium-sized enterprises. Although solar energy systems pay for themselves over time, the upfront expenses can deter businesses from taking the plunge. The Inflation Reduction Act passed in 2022 extended the Investment Tax Credit which can cover up to onethird of the system cost for 10 years providing additional incentive to local businesses wishing to invest in clean energy production.

Missouri’s progress in solar energy has been supported by incentives and community-led projects that encourage clean energy adoption. For instance, the Property Assessed Clean Energy

(PACE) financing program authorized by many Missouri communities has been particularly beneficial, enabling businesses to fund solar and other energy efficiency projects with longterm, low-interest financing, repaid through property tax assessments. This program helps reduce upfront costs, a significant barrier to adoption for many businesses, allowing them to enjoy lower energy bills while contributing to local sustainability goals

Today, less than 2% of Missouri’s electricity is generated by solar energy, so it is not surprising that there is a lack of knowledge and technical expertise in many regions of the state. Many business owners lack information about the financial, technical and regulatory aspects of installing solar energy systems. This knowledge gap can lead to uncertainty and hesitancy in adopting solar solutions. Fortunately, the Missouri Solar Energy Industry Association provides a point of contact for information and a means to find qualified installers throughout the state.

Municipal zoning laws or building codes can complicate or restrict solar installations. Rooftop installations, for example, may not be allowed in historic districts, or certain structures may require reinforcement to handle the weight of solar panels. Examples of municipal codes that can act as barriers to solar energy include strict setback requirements for solar panels, limitations on the visible size of solar arrays, restrictions on ground-mounted systems in certain zoning districts, excessive permitting fees for solar installations and requirements for screening solar panels from public view, potentially hindering optimal solar access due to shading concerns.

Strategies For Municipalities To Encourage Clean Energy Investment

Municipalities play a pivotal role in encouraging clean energy investments. By fostering an environment that reduces barriers and incentivizes businesses,

communities can make solar power more attainable. Here are some effective strategies:

1. Offer Education and Outreach Programs — Municipalities can host workshops, information sessions and outreach campaigns to inform business owners about the benefits of solar energy and the steps involved in installation. Partnerships with local chambers of commerce, trade associations, or nonprofit organizations can amplify these efforts.

2. Streamline Permitting Processes and Update Building Codes — By simplifying the permitting process for solar installations, municipalities can make it easier for businesses to pursue solar projects. Additionally, updating building codes to accommodate solar energy systems in various property types, including historic buildings, can further ease the installation process.

3. Utilize PACE Financing for Solar Projects — Property Assessed Clean Energy (PACE) financing is an effective tool that municipalities

can leverage to help local businesses fund solar installations and other energy improvements. Through PACE, businesses can finance the upfront cost of a solar installation and repay it over time through an assessment on their property tax bill. This allows for 100% financing, with no immediate out-ofpocket costs, enabling businesses to see energy savings that often exceed the cost of the PACE payments. This approach has already been instrumental in helping numerous Missouri businesses make the leap into solar energy.

Building a Bright Future with Solar Energy in Missouri

It is important to recognize that many Missouri communities have already implemented successful solar initiatives that serve as models for others.

By encouraging local businesses to adopt solar energy, Missouri municipalities can create thriving communities with healthier environments, stronger economies, and resilient energy infrastructures.

However, overcoming barriers such as upfront costs, regulatory restrictions and information gaps is essential to making solar energy adoption feasible. Through the strategic use of incentives, streamlined permitting, community education and financing tools like PACE, Missouri communities can lead the way in the transition to a cleaner, more sustainable future.

Josh Campbell is the executive director of the Missouri Energy Initiative.

Solar.

Caleb Arthur is CEO and founder of Sun

Missouri Municipal EV Fleets: A Look At The Cities Of Berkeley And Columbia

City of Berkeley

Like all municipalities, the city of Berkeley works diligently to provide the best possible services to our residents in the most efficient way possible. We also strive to be a leader in technology and innovation. None of this is mutually exclusive. This is why as an organization we collectively made the decision to begin converting as much of the City’s vehicle fleet to EVs, as possible. The city council, they has wholeheartedly embraced this process.

Our organization invests resources in our vehicle fleet each year. These resources are not just financial, but also staff time and labor. This is often overlooked when considering the total cost of any equipment. As any municipal leader or manager knows, many of our services are highly vehicle dependent, and cities tend to have large vehicle fleets. Once we looked at the total costs versus benefits of EVs, the decision was easy.

The advantages of EVs for municipal users are clear. Given that the types of vehicles the City generally uses — trucks, vans, and SUVs — are large vehicles with high fuel consumption, we knew that fuel savings would be immediately noticeable. Berkeley has a municipal fueling station, and the time between tank refills grew from every five weeks to every six weeks. The vehicle age for cities is not typically measured in miles driven, but in hours run. City vehicles typically do not drive very far each day, usually just within municipal boundaries, but can spend most of the day idling. However, an electric vehicle can idle for days at a time, emitting zero noise or air pollution. It is a huge win for the environment and city residents.

Nothing mechanical has to happen for an EV to be turned on there is no superfluous engine and transmission wear (especially since EVs do not have a traditional transmission). We also have our own fleet department and municipal garage in Berkeley, and there was an immediate cost and labor savings as more EVs came into the fleet. When

staff does not have to do oil changes, fluid checks, engine or transmission work, and (if you master one pedal driving well enough) brake pad changes, time is freed up to work on other projects, and financial resources can be spent elsewhere.

EVs are just as customizable as traditional vehicles and are used across departments: police, fleet, streets, administration, parks, and facilities maintenance. Some of the vehicles we now use (work vans and trucks) have onboard power, opening up all kinds of new uses and event-planning possibilities. Power tools can be plugged directly into a truck, gas generators are no longer needed at events and vehicles have more cargo capacity when there is no engine in the front.

The City has added several types of EVs to our fleet: vans, trucks, and SUVs. As more types of EVs become available, even specialized vehicles like police pursuit vehicles, we will continue to turn over the fleet. Although change can

The city of Berkeley Police Department's EV fleet.

sometimes cause hesitation, it did not take City staff very long to warm up to these new vehicles. Not only are EV’s fun to drive, the staff now has a sense of pride and excitement in utilizing the newest technology and the best tools to do their jobs.

Let us not overlook that all communities want and deserve to have nice things! Our citizens want to be able to showcase the new and exciting things their City is doing. Berkeley is now displaying advanced technology and sharp-looking vehicles in public!

We have also used this as an opportunity to expand our business partnerships and community development opportunities. The city of Berkeley recently began leasing all our vehicles from Enterprise Fleet Management. They have been extremely helpful with cost-effective vehicle acquisition. We have also taken great advantage of community development opportunities from Ameren. Through their EV Charging Incentive Program, the City has installed EV charging stations around the community that are free

to the public! The city of Berkeley is actively taking every opportunity to deliver innovative and efficient solutions for the community. We view our transition to a more efficient and electric future as an ideal way forward.

City of Columbia EV/Green Vehicle Experiences

The city of Columbia purchased its first electric vehicle about 10 years ago and it is still in service. Since that time, we have added 11 hybrid and 19 electric vehicles (cars, trucks & buses) to our fleet of nearly 700 vehicles. We have electric cars, pickup trucks and buses in use every day. That first electric vehicle only has a range of about 75 miles before recharging. Today, most of our vehicles have a range to last two or more workdays before recharging, or about 300 miles. However, the range is only one factor to consider when choosing between a traditional gas- or diesel-powered vehicle versus electric.

Data drives our decision making. If you do not have the data, use the DRVE tool provided through Electrification Coalition to assess costs/savings at electrificationcoalition. org/resource/drve/. This tool compares the total cost of ownership of comparable internal combustion engine vehicles (ICEVs) and electric vehicles (EVs). The analysis accounts for insurance, maintenance, fuel, depreciation, etc. These costs are averaged based on data gathered from across the nation. If you have the data to build your own spreadsheet you can use actuals. Columbia staff developed a similar tool that takes advantage of our actual vehicle cost in these categories as well as local electric and fossil fuel costs. For instance, our recent cost experience for establishing a charging station was used in refining our cost of ownership. In this real-world example, at our wastewater treatment plant administration building the outside electrician’s installation cost for two single-port

chargers was $16,100. Fortunately, the chargers were provided by the vehicle manufacturer, but that is not always the case. This work also included conduit stubs to accommodate the planned expansion of the EV fleet at this location.

Other data points collected are existing vehicle usage. Most city vehicles have a GPS device that logs travel and use. This Automatic Vehicle Locator (AVL) system provides important vehicle mileage information (daily min/avg/max) and helps in planning and sizing the chargers needed. Nearly 70% of all City “on road” fleet vehicles are equipped with AVL. Depending on what manufacturer you choose, the charger has technology you can also use to gather data and monitor the vehicle health. In this case, the charger vendor has a variety of services available including design and installation of the stations and chargers, and software packages that allow for power sharing, demand limits, live vehicle usage, charging troubleshooting and managed charging. This comes at an extra cost and with the current number of vehicles, the users of the vehicles chose not to purchase these options. Of course, you can also purchase a standard charger. While the installations themselves are straightforward, planning chargers in advance is critical. Electrical panels and components still have long lead-delivery times. Any infrastructure work that can be done to anticipate where EVs might be garaged and charged is recommended, along with evaluation of existing utility and electrical infrastructure.

The city of Berkeley Police Department's EV charging station.

While innovating for the future, Missouri communit y preser ves its past through improved operations.

Partnering with Schneider Electric allowed the City of St. Joseph, Missouri to modernize aging critical infrastructure, while respecting and preserving the town’s historical charm. All while saving money via innovative funding to get the job done.

Scan to hear about what’s happening in the City of St. Joseph, MO

Goals

While the City has a capital improvement plan and we replace dozens of vehicles each year, we have specific goals related to electric vehicles. In brief, the Columbia fleet electrification policy states when a vehicle needs replacing, staff will analyze whether a zero-emission alternative fuel vehicle is an option. This plan is part of a larger goal to reduce carbon emissions in city buildings, vehicles and operations. One of the largest contributors to local carbon emissions was our fleet of transit buses. Surprisingly, the City has more experience with electric transit than light or medium duty fleet vehicles. The electric transit bus fleet grew from four to 10 buses in the fiscal year 2024. These vehicles were all purchased using Federal Transit Administration (FTA) LowNo Emission grant funds.

Electric bus technology is still new and comes with risk, so we started with three buses. One of those first-generation electric buses had a brake issue that caused a fire and made transit staff cautious when acquiring more. However, the vendor was responsive to our concerns and addressed all issues to our satisfaction. Since then, the models have been updated and the City has stayed with BYD (now RIDE) as its vendor.

We are currently using six third-generation buses along with four second-generation buses. With each successive generation we have seen improvements in build quality and battery life.

The six recently received buses are 35-feet long and capable of running an entire 10-hour day without recharging, whereas the previous four were capable of about six hours of service. This is primarily due to the addition of extended range battery packs made available by the vendor that extends the range

by approximately 35%. The geography of routes can impact battery life significantly. The hilly environment we operate in, especially in cold weather, will cause battery drain at a more rapid rate than a level service area. When possible, regenerative charging takes place as operators learn not to brake as often or as quickly whenever it is safe to do so. This extends the battery range over the course of a day’s service.

Due to size constraints, we have limited charging capacity at our transit facility, so we rotate charging throughout the day and evening to ensure all vehicles are ready for service the following day. Important to note, we make efforts to charge only after the city peak electricity use hours to reduce utility costs. Most of our charging takes place after 8 p.m.

With Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant funding, we will enlarge our facility with an eye to being able to install enough charging stations to meet both our current and future needs.

Electric buses have some other benefits too. The passengers riding electric buses enjoy riding in a quieter environment. Passengers and community members also appreciate the City’s efforts to reduce greenhouse gas emissions by moving to a more electrified fleet. The bus drivers like the way they ride and how they handle the road.

by Brandon Renaud

MPUA's Utility Workforce Training And Technical Assistance Programs

The Missouri Public Utility Alliance (MPUA) is committed to empowering municipal utilities with the tools and skills needed to thrive in an evolving industry and provide essential services for their communities. Through the Utility Workforce Training Program and Water/Wastewater Technical Assistance Program, MPUA invests in professional development and offers tailored technical resources.

Utility Workforce Training Program

Through a blend of hands-on experience, innovative coursework, and industry-relevant training, MPUA’s Utility Workforce Training Program serves as a gateway for aspiring professionals to embark on successful

careers in the public utility sector, as well as for current utility employees seeking to improve their skills. The program offers a range of courses tailored to meet the needs of utility services, including electricity, natural gas, water, and wastewater. Thanks to a grant from the Missouri Department of Economic Development, this training program is free for all enrolled participants and covers the training event, travel, and other ancillary costs.

The curriculum covers a range of topics, from technical skills and safety protocols to regulatory compliance, providing a comprehensive understanding of the utility industry. Led by industry experts, the program offers hands-on training and real-world simulations, allowing participants to apply knowledge in practical scenarios. The program fosters

networking and collaboration, creating valuable connections with industry professionals and potential employers.

MPUA’s commitment to supporting communities and developing a skilled workforce ensures that utility operations are efficient, compliant, and prepared for future challenges. Classes are offered in person at the MPUA Training Center in Columbia, on the road in various regions across the state, and even a select few hosted virtually.

Popular courses include Wastewater Operator Certification Training; Introduction to Equipment Operation; Trenching, Shoring and Confined Space Competent Person; Gas Leak Response and Investigation; Utility Customer Service Essentials; Utility Project Management; and Water/Wastewater Math for Operators. Classes are typically scheduled on consecutive days to help participants maximize the benefits of the training.

Several options for Q1 of 2025 are now open for registration at MPUA. org/workforce.

Building a strong, skilled workforce is just one part of MPUA’s commitment to supporting its member utilities. Alongside workforce training, MPUA’s Water and Wastewater Technical Assistance Program offers specialized guidance to help utilities address operational challenges, maintain compliance, and improve system performance.

Water/Wastewater Technical Assistance Program

Technical capacity and institutional knowledge within communities’ water and wastewater utilities are everchanging. With the current trend of

retirement, the evolving workforce, and operators transitioning into careers away from our utilities, the need for technical assistance has increased. MPUA was awarded a technical assistance grant provided by the EPA and managed by Wichita State University. Staff have been providing technical assistance for communities to better prepare for state revolving funds in the areas of capital improvement planning, capacity development, and asset management. Providing these services has become essential for small Missouri communities to have information gathered and work done prior to completing more costly engineering work. The onboarding process is simple, with no matching funds or commitment required.

One community that has recently received technical assistance through MPUA is the city of Norborne, Missouri. Norborne faced a difficult situation when new staff were charged with operating the drinking water treatment plant, wastewater lagoon, water distribution, and collection systems, among other

duties. MPUA staff identified areas in need of assistance and provided legwork to identify various engineering companies and vendors. They provided the Norborne with factory operation and maintenance manuals so operators could have information at hand, along with a list of known issues, repair times, and estimated costs. MPUA staff also spent time with the operators going through their lagoon system and the NPDES permit, providing best practices, compliance processes, and specific answers to the operator’s questions. This ensured the city of Norborne will remain in compliance with the Missouri Department of Natural Resources. MPUA continues to provide technical assistance to the City. MPUA members can receive specialized assistance in accessing infrastructure funding, including application assistance; basic activated sludge processes; capital improvement planning;

emerging contaminants; energy management and audits; environmental reviews; equipment repair and replacement; financial management (including financial metrics for your utility and fiscal planning); lead service lines; nutrient removal; operation and maintenance; operator certification; rate reviews and assistance developing appropriate rate structures and more. For assistance, contact Josh Youngblood at jyoungblood@MPUA.org or call 573445-3279.

Brandon Renaud is the manager, business and member development for MPUA. Contact him at brenaud@mpua.org.

Office:

Cell: 217-825-3550

Email: matt@midwest-meter.com

by Amanda Karras

Supreme Court Overrules Chevron

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984) in a case that will have far-reaching implications for the federal administrative state. In doing so, the majority invoked Marbury v. Madison’s pronouncement that it is “emphatically the province and duty of the judicial department to say what the law is.” As far as the rationale, the Court concluded that Chevron violated the Administrative Procedure Act (APA) and stare decisis could not justify adhering to the 40-year precedent.

The case, along with its companion case, Relentless v. Department of Commerce, (Justice Jackson did not take part in the Loper Bright case), presented an interpretation of the Magnuson-Stevens Fishery Conservation and Management Act (MSA). The MSA requires the regional fishery councils to establish plans for fishery conservation and management goals to ensure that overfishing does not occur by commercial fisheries. Under the MSA the fishery councils may require “one or more observers be carried on board domestic vessels for the purpose of collecting data necessary for the conservation and management of the fishery.” The statute is silent as to whether the Atlantic herring fishing companies must bear the costs associated with a federal observer on board. The regional councils developed a rule indicating that the fishing companies must pay for the observers if federal funding was unavailable. The cost associated with having the federal observer on board was up to $710 per day, which could reduce the annual revenue by up to 20%.

Nobody disputes that the law requires the observers on board, the issue in the case was who was to pay for the observers. The Atlantic herring fisheries challenged the rule. The D.C. Circuit relied on Chevron to uphold the rule, concluding the MSA was not “wholly unambiguous” and because there was “some question” as to what Congress intended, the court deferred to the agency’s reasonable interpretation. Under Chevron, courts were directed to

first determine if the statute reflected a clear congressional intent. If it did, then that would end the inquiry. But, if the statute was silent or ambiguous, Chevron required courts to “defer to the agency’s interpretation if it is based on a permissible construction of the statute.”

In a 6-3 decision authored by Chief Justice Roberts, the Court reversed the D.C. Circuit and expressly overruled Chevron, concluding that under Section 706 of the APA, Congress directed that “[t]o the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.” The Court concluded that the APA codifies the “unremarkable, yet elemental proposition reflected by judicial practice dating back to Marbury : that courts decide legal questions by applying their own judgment.” Thus, even if the law is ambiguous, there is still a “best” reading of the statute – “the reading the court would have reached if no agency were Your trusted

engineering

involved”- and courts are required to interpret the law and not defer to agencies. Under the APA, Congress did not codify a deferential standard for agency review.

The Court explained historical practice dating back to the founding and Marbury supported its conclusion. That historical practice included “according due respect to the Executive Branch interpretations of federal statutes” but the Court noted that “respect” “was just that” and courts must still exercise independent judgement to interpret statutes.

While courts have the responsibility to decide what the law means, courts may still “seek aid” from agencies who are responsible for implementing statutes. The Court noted that contemporaneous agency interpretations which have remained consistent over time “may be especially useful” in interpretating a statute’s meaning. Presumably this would be contrasted with agency regulations that change from administration to administration based on the policy preferences of the executive. The Court also explained that in some instances, Congress may have expressly delegated to the agency authority to give meaning to a particular statutory term or to “fill up the details.” This may be true where Congress uses terms such as “appropriate” or “reasonable.” But, where such delegation occurs, courts are still required to exercise independent judgment in interpreting the statute to ensure the agency is exercising that delegated authority within the appropriate boundaries that Congress has prescribed.

The Court rejected the government’s and dissent’s arguments that courts should defer to agencies due to their subject matter expertise and because it promotes uniformity in the law. The Court noted that under Skidmore, agencies still have the “power to persuade.” As for uniformity, “there is little value in imposing a uniform interpretation of a statute if that interpretation is wrong.”

Finally, the Court concluded that stare decisis did not support adhering to Chevron as the factors, including the quality of the reasoning, the workability, and the reliance interests, all weighed in favor of overruling Chevron. In overruling Chevron, t he Court recognized that hundreds of decisions have relied on the decision in the last 40 years. And the Court did not call into question any of those cases that relied on Chevron.

Justice Thomas concurred in the decision but would have gone farther to conclude that Chevron violated the Constitution’s separation of powers.

Justice Kagan authored the dissent arguing that the Chevron framework correctly reflected Congress’ intent for courts to defer to agencies to fill in statutory gaps and ambiguities in statutes as they have technical expertise in a particular area. The dissent provided several technical examples of regulatory

schemes that courts, in the dissent’s view, should defer to, but now will be in the business of deciding for themselves including: “When does an alpha amino acid polymer qualify as such a ‘protein’” under the Public Health Service Act, which is regulated by the FDA? Or “[m]ust the [Fish and Wildlife] Service treat the Washington State population of western gray squirrels as ‘distinct’” under the Endangered Species Act? Or “[h]ow much noise is consistent with ‘the natural quiet’” in order to adhere to Congress’ directive to the Department of the Interior and the Federal Aviation Administration to reduce noise from aircraft flying over the Grand Canyon? According to Justice Kagan, “agencies often know things about a statute’s subject matter that courts could not hope to” particularly when the statute is “scientific or technical nature.” And, according to the dissent, many of these questions are ones of policy, rather than law, which means courts should not be deciding them.

What this decision will mean for local governments is not certain yet. There are many circumstances where courts being more willing to strike down agency regulations will benefit local governments as regulated entities. But there are other times that striking down a regulation will hurt local governments. And still others where the issue will cut both ways for local governments depending on local politics and community priorities.

Overruling Chevron also may create some uniformity pluses and minuses. On the one hand, overruling Chevron may mean that there is less regulatory flip-flopping between different presidential administrations over agency regulations because courts will be in the business of deciding what a particular statute means, not the agency with a new policy agenda. We have seen this flip flopping from administration to administration with WOTUS definitions and the

changes create regulatory uncertainty. Thus, overruling Chevron may create more consistency and may force Congress to write with more clarity, which would ultimately be beneficial to regulated entities. On the other hand, judicial interpretations of statutes may vary based on geography so rather than having a single uniform rule issued by the agency, local governments under different federal courts may be subject to different interpretations of a statute that regulates them. To be fair, this could have happened under Chevron too if different courts disagreed as to the ambiguity in a statute, though it would seem to be less common.

What is clear is overruling Chevron means a smaller administrative state and less agency power. It also likely means there will be more challenges to agency regulations and courts are more likely to strike down those regulations. If local governments want to challenge a regulation in court, they will have more ammunition to do so without the specter of Chevron tilting the scales in the agency’s favor. And hopefully Congress will draft statutes with less ambiguity going forward that would benefit everyone.

Reprinted with permission from the July 9, 2024, case notes of the International Municipal Lawyers Association. https://imla.org/2024/07/supreme-court-overrules-chevron/

A History of Serving Missouri Municipalities and Public Agencies

For over 45 years, Lashly & Baer, P.C. has provided sound legal counsel to municipalities and other public sector institutions. During this time, we have earned a solid reputation for prompt legal services at a reasonable cost. We believe that providing smart legal advice is vital, but providing this help in a timely manner is just as critical to meeting the needs of our clients. Our attorneys are experienced and trial-tested at addressing legal issues and regulations affecting government and public agencies.

Amanda Karras is the executive director and general counsel of the International Municipal Lawyers Association. Learn more at www. imla.org.

Andrew R. Bramman

James C. Hetlage

Brian J. Malone

Lisa O. Stump

Jimmie M. Edwards

Alexandra S. Sievers Matthew S. McBride

Julie Z. Devine

Lyndee R. Fritz

Katherine E. Henry

Mindy K. Mahn

by Matt Connor

Energizing Local Communities

What if you could get funding to increase the energy efficiency of your municipal buildings and cut your monthly energy bills without having to repay the loan out of your operating budget? That opportunity is available through Missouri’s Energy Loan Program (ELP).

From Dec. 2, 2024, through March 31, 2025, the Missouri Department of Natural Resources’ Division of Energy is accepting applications from public schools (K-12), public higher education institutions, and local governments, including publicly owned airport facilities (municipal, county, regional and international).

Recipients repay the low-interest loans with money saved on energy costs, freeing up valuable tax dollars for use on essential services or other capital improvements. The resulting energy efficiency improvements allow local Missouri communities to retain more of their energy dollars to be used for educational purposes and job creation.

These loans can be used for various equipment including high-efficiency lighting fixtures and lamps; combined heat and power systems; renewable energy systems; waste heat recovery; and high-efficiency pumps and high efficiency heating, ventilation and air conditioning (HVAC) systems. The loans can also be used for building shell improvements, such as insulation and other infiltration measures, and other measures that reduce energy use and cost.

Projects funded under the ELP have produced some striking results:

• The city of Salem received a loan of $115,548 to fund lighting upgrades in four different buildings with an estimated $13,269 in annual savings.

• Hannibal Public School District received two separate loans. The first provided $1,099,722 in lighting upgrades throughout the entire district with $184,933.00 estimated annual savings. The second provided $709,167 in HVAC additions (adding A/C to two buildings in the process) with $113,330 estimated annual savings.

• With a $182,261 loan, Glasgow School District in Howard County recently completed a project to upgrade lighting fixtures to LED throughout the district, resulting in an estimated annual savings of $20,837.

• The program is currently facilitating a $1 million dollar project in the Carl Junction R-I School District, located in Jasper and Newton counties. The project is expected to result in annual energy savings of approximately $117,918.

If those outcomes were not enticing enough, the ELP also offers emergency loans for catastrophic equipment failure or severe weather damage, upgrading or replacing damaged equipment.

Since the program’s inception in 1989, the Division of Energy has awarded more than 623 low-interest ELP loans resulting in more than $118 million in loan financing and more than $235 million in estimated cumulative energy savings. There have been no loan defaults in the 32-year history of the Energy Loan Program.

Energy efficiency, conservation and resilience funding opportunities available through the Division of Energy include the Energy Audit Reimbursement Program (EARP), Energy Efficiency and Conservation Block Grants (EECBG) and Grid Resilience Formula Funding (GRFF), among others.

For more information about current funding opportunities, as well as technical assistance in completing the applications, visit dnr.mo.gov/ energy/grants-loans or send an email to energy@dnr.mo.gov.

Matt Connor is a career government servant with more than 30 years of communications experience. He currently serves as the division information officer for the Missouri Department of Natural Resources’ Division of Energy.

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Parks and Facilities Manager City of Grandview

What sparked your interest in serving in local government?

The chance to improve a community.

What has been the toughest lesson you have learned during your career in local government?

You cannot please everyone. I have learned that I am not going to let someone’s negative feedback overshadow the hard work and pride my co-workers and I have put into an amazing project.

In your opinion, what are the most important issues facing local government in Missouri?

I believe every citizen’s quality of life should always be the most important issue.

What advice would you offer to someone considering service as a local government official or employee in their community?

Go for it! This is a very rewarding career. It means a lot to see the difference you and your co-workers can make in a community.

How would you describe your city to someone who had never visited?

A city on the move! Grandview is growing fast and making big moves.

What are your interests outside of local government?

Fishing, hiking, travel, gardening, woodworking, BBQ, cooking.

Where would you most like to travel, and why?

I would like to travel anywhere with beautiful landscapes, trees, mountains, bodies of water, and no modern visuals.

MML Welcomes New Board Member And Staff

Mayor Timothy Lowery has served the city of Florissant for more than three decades. Mayor Lowry served as the chief of police since 2012 until being elected mayor in April of 2019 and reelected in 2023.

Mayor Lowery comes from a proud family involved with public service for as long as he can remember. His priorities include economic development, improved schools, and public safety.

As Mayor Lowery moved through the ranks of the Florissant Police Department, his accomplishments include memberships in many elite law enforcement organizations, including the International Association of Chiefs of Police Executive Board; State Association of Chiefs of Police General Chair; Federal Bureau of Investigations National Academy-Member, Eastern District of Missouri Chapter Past President, Missouri Police Chiefs Association President; St. Louis Area Police Chiefs Association Secretary; President Missouri Peace Officers Association; Greater St. Louis Major Case Squad Executive Board Member; Back Stoppers of Greater St. Louis-Member; St. Louis County and Municipal Police Academy Board of Managers and F.B.I National Advisory Board Member.

Mayor Lowery is very active in the community, serving with the North County Labor Legislative Club; Knights of Columbus Duchesne Council 2951; a president of the Florissant Rotary Club; Florissant Elks Club; Old Town Partners; VFW Post 4105Friends of Veterans Member; North County Chamber of Commerce; North County Incorporated Executive Board Member; President of the Municipal League of Metro St. Louis; Vice President of Metro Mayors and St. Louis County Veterans Coalition. He earned both a Bachelor’s and a Master’s degree in management from Lindenwood University. He also holds an associate’s degree in criminal justice from Florissant Valley Community College, and in 2008, he graduated from the F.B.I. National Academy in Quantico, Virginia.

Tim has been married to his wife Laurie for 36 years. They have one son, Bryan, daughter-in-law, Neely and two granddaughters, Lilah and Rory.

Madison Walker is MML’s new policy and communications coordinator. He will work on policy issues for the League, assist with member inquiries, coordinate the MML Voice newsletter and more. Madison served as a communications and public relations specialist at the Missouri Secretary of State’s office since 2018, where he handled press inquiries, drafted press releases and produced video content for social media and the SOS website. He grew up in Jefferson City and attended Lincoln University, also earning a Master’s degree from Syracuse University. Madison enjoys traveling, hiking, movies and watching the Chiefs and Cardinals.

Meghan Vossen joins MML as the publications and marketing coordinator. She will be the editor-in-chief of the MML Review magazine, coordinate MML handbooks and all marketing materials, as well as coordinate marketing campaigns for MML events, sponsors, advertisers and services. Meghan is a Jefferson City native with a Bachelor of Science in business administration with dual majors in marketing and entrepreneurship from the University of Central Missouri. She is a seasoned marketing professional with nearly 10 years of experience in social media strategy, content creation and digital marketing. Her previous role was as the digital marketing strategist and social media manager at Hawthorn Bank. Meghan is passionate about community-oriented initiatives, volunteering with Capital Arts, Missouri Blues Association, and The Sneaker Project. In her spare time, Meghan enjoys spending time with family and her black cat, Milo, as well as nature walks, kayaking and bicycling.

Madison Walker

Meghan Vossen

Mayor Timothy Lowery

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MEMBER & MML News

Matt Turner Elected to NLC Board of Directors

Matt Turner, Alderman with the city of Harrisonville, Missouri, and MML

Immediate Past President, was elected to the National League of Cities (NLC) Board of Directors by NLC’s membership at the organization’s 2024 City Summit in Tampa, Florida. Alderman Turner was elected to a two-year term and will provide strategic direction and guidance for NLC’s federal advocacy, governance and membership activities.

“Serving on NLC's Board of Directors is an opportunity to contribute to the growth and prosperity of our community. It allows me to collaborate with passionate leaders and help shape policies that will create a lasting impact on the lives of those we serve. By working together, we can build stronger, more resilient communities that foster opportunity, inclusion, and progress for all,” said Turner.

NLC Board members are selected by a 15-member nominating committee and are confirmed by a vote from NLC’s membership at the organization’s annual business meeting held in November. As a member of the board, Alderman Turner will meet throughout the year to help guide NLC’s strategic direction.

Missouri City View explores the dedicated work happening in municipalities and how it directly impacts Missouri citizens. Don’t miss these recent episodes!

Become A Missouri Certified Local Government Official!

FACTS & FIGURES

To reward your commitment to the continual process of learning new skills and abilities in the local government field, MML sponsors the Municipal Governance Institute. Participants who complete the program are designated as "Certified Municipal Officials" by the Missouri Municipal League.

Participants complete 12 hours of study in core areas and four hours of elective training. The program is open to both elected and appointed municipal officials and utilizes existing MML training opportunities, such as conferences and online training, as well as specially-crafted workshops to provide meaningful and useful information.

• The program is open to both elected and appointed municipal officials.

• Electives allow officials to focus on leadership-based courses.

• Registration is accomplished with ease and speed.

• The program utilizes existing MML training such as conferences and online training, as well as custom-crafted workshops to provide meaningful and useful information.

MML members who have received designation as a "Certified Municipal Official" are now eligible for an advanced certification program, or AMGI. The advanced program offers increased challenges and rewards, requiring the completion of study in 14 core areas. Each custom-crafted module is tailored to assist Missouri local officials in their mission to better serve their communities.

MML Calendar of Events

January 2025 8 ..... First Day of Missouri Legislative Session 9

30-31

MML Webinar: Writing A Winning Proposal

MML Central Region Meeting, Columbia, Missouri

MML Webinar: ADA Title II and Section 504 Web Accessibility Update

MML West Gate Region Meeting, Excelsior Springs, Missouri

SGR Servant Leadership Conference, Grapevine, Texas and Virtual

February 2025

12 ..... MML Webinar: Intro to CISA No-Cost Solutions on Cyber 13 GFOA-Missouri Winter Seminar, Columbia, Missouri

18-19 MML Legislative Conference, Jefferson City, Missouri 25-26 ..... MPUA Water and Wastewater Tech Summit, Columbia, Missouri

March 2025

10-12

NLC Congressional City Conference, Washington, DC

11-13 ..... MoCCFOA Master Academy, Columbia, Missouri

11-13 MoCCFOA Spring Institute, Columbia, Missouri

18 MML Webinar: Bird-Friendly Communities

April 2025

8 ..... General Municipal Election Day

May 2025 13 ..... MML Northwest Region Meeting, La Plata, Missouri

Last Day of Missouri Legislative Session

MML Southeast Region Meeting, Sikeston, Missouri

MML West Gate Region Meeting, Grandview, Missouri

MML Metro East Region Meeting, Troy, Missouri

Find more events and details on www.mocities.com and in the MML e-newsletter.

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