The Missouri Municipal
Review
The Official Publication of The Missouri Municipal League
March 2016
Transportation: Investing In Missouri's Future
In This Issue: In This Issue: • Water• Regulations and Development Workgroups Lee's Summit • Streamlined Sales Tax • PACE Programs • Missouri's AfterSchool Network • City Fiscal Conditions • MML Legislative Conference
Missouri Securities Investment Program A Cash Management Program for School Districts, Counties, Municipalities and Other Political Subdivisions
The Missouri Securities Investment Program (“MOSIP”) is a comprehensive cash management program for school districts, counties, municipalities, and other political subdivisions. MOSIP was created in 1991 by the Missouri School Boards Association. MOSIP offers its investors a professionally managed portfolio with competitive money market rates. MOSIP stresses maintaining safety, liquidity and yield as the primary investment objectives.
Administered by: PFM Asset Management LLC Sponsored by: Missouri School Boards Association • Missouri Association of School Administrators Missouri Association of School Business Officials • Missouri Association of Counties • Missouri Municipal League
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This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Missouri Securities Investment Program’s portfolios. This and other information about the Program’s portfolios is available in the Program’s current Information Statement, which should be read carefully before investing. A copy of the Information Statement may be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website at www.mosip.org. While the MOSIP Liquid Series seeks to maintain a stable net asset value of $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Program. An investment in the Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC.
The Missouri Municipal Review
www.mocities.com
The Missouri Municipal
Review
March 2016
VOLUME 81, NO. 2
The Official Publication of The Missouri Municipal League President
CONTENTS
Mayor Randall Rhoads Lee's Summit
Vice President
Mayor Kathy Rose Riverside
Immediate Past President Mayor Bill Kolas Higginsville
MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS Eric Berlin, City Administrator, North Kansas City; Sally Faith, Mayor, St. Charles; Stephen Galliher, Mayor, Sedalia; Tim Grenke, Mayor, Centralia; David Kater, Mayor, Desloge; *Bill Kolas, Mayor, Higginsville; Donald Krank, Council Member, Black Jack; Chris Lievsay, Council Member, Blue Springs; Paul Martin, Attorney, Olivette; *Norman McCourt, Mayor, Black Jack; Marcella McCoy, Finance Director, Harrisonville; John “Rocky” Reitmeyer, Alderman, St. Peters; Matthew G. Robinson, Mayor, Hazelwood; *Carson Ross, Mayor, Blue Springs; Tom Short, City Administrator, Carthage; Robert Stephens, Mayor, Springfield; Scott Wagner, Council Member, Kansas City; Eileen Weir, Mayor, Independence; *Gerry Welch, Mayor, Webster Groves; Nici Wilson, City Clerk, Pleasant Hill *Past President
e
AFFILIATE GROUPS: Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs. www.mocities.com
8/
Streamline Sales Tax by Mike Sutherland
12/ The Wonderful World of Water by League Staff 16/ Missouri AfterSchool Network
e
4/ Transportation: It's Time To Invest In Missouri's Future by Stephen Miller
20/ 2016 MML Legislative Conference
DEPARTMENTS 18/
FAQs: American With Disabilities Act, Part II
22/ Get To Know Your MML Board Of Directors: Mayor Bob Stephens and Mayor Bill Kolas 25/ Professional Services Directory 26/ Member News/Calendar Of Events
Cover Photo by Shaun Schmitz, Missouri Department of Transportation
Laura Holloway, Editor Contributing Editors: Dan Ross and Richard Sheets Missouri Municipal Review (ISSN 0026-6647) 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. The League’s website address is: www.mocities.com.
The Missouri Municipal Review
March 2016 /3
IT IS TIME TO INVEST IN MISSOURI’S FUTURE by Stephen R. Miller
T
he Missouri Highways and Transportation Commission (MHTC) has worked diligently to address the state’s long-term, insufficient transportation funding challenge and made tough choices needed to move forward. In March of 2010, Missouri Department of Transportation (MoDOT) embarked on a five-year effort to reduce its workforce by 20 percent (1,200 employees); close 124 facilities (including three district offices); and sell off 752 pieces of heavy equipment. The goal was to save $512 million and put it back on Missouri’s roads. These tireless efforts paid dividends. The workforce goal was reached by early 2013 and the other goals were met by Fall 2014. The accelerated pace of implementation boosted savings to $605 million – every dollar of which went to provide infrastructure improvements that Missourians want and need. But here’s the reality; aging infrastructure is being patched when it should be replaced. The number of “critical-condition” bridges has risen. Traffic is slowing down because significant improvements are not being funded. The Statewide Transportation Improvement Program for 2016-2020 is primarily maintenance driven. Until December, there was uncertainty on the federal level. Congressional passage of the Fixing America's Surface Transportation (FAST) Act provides some stability for planning by securing federal funding for the next five years. However, it does not solve Missouri’s transportation woes. Missouri needs $160 million in new state revenues to adequately maintain and improve the existing highway system; continue making systematic safety improvements; begin addressing the backlog of 641 bridges that need to be repaired or replaced; and to reinstitute the Commission’s cost-share program. Even then, that would not be enough to rebuild and expand Interstate-70, or any of Missouri’s other aging interstates, or to contribute to the improvement of other modes of transportation. Bridge Photo by Cathy Morrison.
4 /March 2016
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Staying In The Game
Across Missouri’s borders, Kansas, Iowa, Nebraska and Arkansas have all recently increased funding for transportation. All of Missouri’s neighboring states have higher sales taxes, and all but one has higher fuel taxes (and that one, Oklahoma, has toll roads). Yet, all of them have state highway systems approximately one-third the size of Missouri’s system. With 34,000 miles of highways and 10,400 bridges, Missouri has the seventh-largest transportation system in the country, but ranks 47th in revenue per mile with one of the nation’s lowest fuel taxes. The regional average for Missouri's neighboring states is 25.8 cents per gallon for gasoline and 25.6 cents per gallon for diesel. Missouri’s fuel tax is 17 cents per gallon and has not been increased in 20 years. Missouri does not have tolling authority or general sales tax support. Efforts are underway to make a very modest first step to restoring our competitiveness. In his final State of the State Address, Gov. Jay Nixon said it is time to “work together to move transportation forward in Missouri.”
Missouri has the seventh-largest transportation system in the country, but ranks 47th in revenue per mile with one of the nation’s lowest fuel taxes.
Three Buckets
What are possible solutions? First, there is no single solution; no silver bullet. Second, not all funding solutions are equal; each has its own strengths and weaknesses. Finally, solving Missouri transportation funding issues is a little like completing a puzzle; the right solution has to be matched with the corresponding need. Missouri’s transportation funding issues can be described as falling into three buckets. Missourians feel the first priority must be to preserve the existing system – more than $50 billion in assets. The revenue source for this must be a long-term, stable, recurring source. Fuel tax, a true user fee, is one funding mechanism ideally suited to this task. It is stable because it is tied to the gallons of fuel consumed. While the price of fuel could swing wildly, fuel consumption is relatively stable. It also recurs year after year. Further, revenue from a fuel tax is constitutionally protected and cannot be diverted to any purposes other than investment in roads, bridges and law enforcement. It is deemed appropriated at the time of collection, and does not require legislative debate
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Photo by Cathy Morrison.
and action. However, fuel tax revenue does have limitations because it cannot be used to address the other needs of a comprehensive transportation system, such as: river ports, passenger rail, transit airports and bike/pedestrian facilities. Sen. Doug Libla’s Senate Bill 623 advanced out of the Senate Transportation Committee on January 20. It would increase the fee on gas and diesel by 1.5 and 3.5 cents per gallon respectively and generate $80 million in new revenue – $56 million for the state highway system and $24 million to be split evenly between cities and counties. Other pieces of transportation legislation are also under consideration. The second bucket includes I-70, the economic pipeline for the state that has outlived its useful life and must be completely rebuilt from the ground up. It must be reconstructed, not as a highway of the 1950s, but one for the 21st century. At this time, 200 miles of interstate from Wentzville The Missouri Municipal Review
to Independence is environmentally cleared and awaiting a reconstruction plan. Missouri lacks only one thing – a way to pay for it. The cost to reconstruct and expand those 200 miles was estimated several years ago at $2 billion to $4 billion depending on the scope of work. This does not account for the other 50 miles of I-70 within St. Louis and Kansas City. The $160 million needed to preserve the existing system does not include anything to rebuild I-70. One of the possible solutions for I-70 is the use of public-private partnerships, commonly known as P3s. In a P3, a team of private funders, engineers and contractors enter into a long-term agreement to fund, design, build and operate the interstate pursuant to strict performance criteria set by MoDOT. The revenue source typically comes from charging a fee to use the new road. The Federal Highway Administration (FHWA) has historically Photo by Shaun Schmitz.
March 2016 / 5
prohibited tolling an existing roadway, but in recognition of the need to find a way to build the second generation of interstates, the FHWA has created three pilot projects. Missouri was chosen for one of them; however, it must make reasonable progress in the next year to use this special exemption or lose it. At the same time, MoDOT has launched its Road to Tomorrow project that is soliciting ideas from around the nation and the world regarding what the interstate of the 21st century should look like, with a significant emphasis on discovering technologies and innovations that might generate revenue that could contribute to the reconstruction and operation of I-70. The hope is to discover other revenue streams in addition to tolling, to fuel a solution for I-70. Such a solution will require enabling legislation from the legislature. If enacted, however, it would be just one piece to the funding puzzle, but would do nothing for preservation of the entire system. It would address just one project, albeit a huge and vital one. The third bucket consists of projects desired by so many of Missouri’s local partners. They are projects that expand our system and/or provide for economic development. These include congestion relief in urban areas; the completion of four-lane corridors in rural areas; and new interchanges or by6 /March 2016
passes to spur economic development. It also includes funding for nonhighway modes of transportation that are essential to a vital integrated transportation system. Many of the projects have already been identified as a result of the General Assembly’s Blue Ribbon Commission that toured the state, in 2012; MoDOT’s “On The Move” long-range planning initiative that held listening sessions across the state in 2013; and the project lists that were generated for the Amendment 7 campaign in 2014. One popular tool MoDOT has used in the past to address this third bu c ket was a cost -share prog ram where local communities compete for matching funding from MoDOT based on economic development, transportation need and public benefit. For those communities with vibrant economies, it has offered a way to achieve a highly, desired special project. However, many communities lack the resources to take advantage of such a program. Further, cost-share projects are targeted and do not address preserving the current system. Costshare programs can be a very important part of an overall funding program. It can make some very important contributions to this third bucket (along with other funding); but, it does nothing to address preservation and interstate needs. The Missouri Municipal Review
Sound complex? It is a puzzle to be sure. The important thing to remember is that Missourians face a big challenge, one that is going to require multiple funding sources. Not all of them are going to be popular with everyone. Each has its strengths and weaknesses. Each has its appropriate role. The Commission and MoDOT will continue to educate Missourians and political leaders on these important distinctions. Any increase in state transportation funding would be a step in the right direction; however, Missourians need to be clear about what each funding source can and cannot do. For example, a modest fuel tax increase would be a start to addressing the first bucket and would allow Missouri to begin reducing its number of critical-condition bridges (641). There has been some talk that the House of Representatives might consider some form of cost-share program. This would address the third bucket. I hope we make it a trifecta with the introduction of P3 legislation that would help address the second bucket. Multiple solutions are needed, and MoDOT is eager to work with political leaders to tackle the transportation challenge.
More Than Roads
Transportation is more than just roads and bridges. Gov. Nixon’s proposed Fiscal Year 2017 budget would invest an additional $5 million to improve and expand Missouri’s ports to help ship our goods around the world and create more jobs here in Missouri. As part of its legislative package for 2016, the Missouri Highways and Transportation Commission supports legislation that would establish a Waterways Trust Fund to fund capital improvement projects for ports across the state. This would serve as a dedicated funding source of general revenue dollars. We are hopeful this issue gains traction this legislative session.
Economic Development
Why make these investments? Businesses pay close attention to infrastructure investments. Missouri compets nationally and globally for businesses, jobs and opportunity. Economic development specialists say the two most important factors to attract new businesses are a quality workforce and proximity to critical transportation corridors. www.mocities.com
If we fail to invest in transportation, we all suffer. Congestion and safety issues are not addressed and opportunities for economic development are missed.
Call To Action
I urge you to talk to your senators and representatives about these important issues. We need to continue these conversations on both the local and state level. Legislators need to know your thoughts about taking action now to support Missouri's transportation system and continue enhancing our roads and bridges. It is time to invest in Missouri’s future.ď ą
Stephen R. Miller, Kansas City, has served as Chair of the Missouri Highways and Transportation Commission since 2014, rotating to Vice Chair at the Commission's March 2015 meeting . Miller is partner of the Kansas City law firm, Miller Schirger, LLC. Learn more about Missouri's transportation needs at www.modot.org.
www.mocities.com
Photo by Shaun Schmitz.
Missouri needs $160 million in new state revenues to adequately maintain and improve the existing highway system; continue making systematic safety improvements; begin addressing the backlog of 641 bridges that need to be repaired or replaced; and to reinstitute the Commission’s cost-share program.
The Missouri Municipal Review
March 2016 / 7
CAPTURING INTERNET SALES: STREAMLINED SALES TAX by Mike Sutherland
I
t has never been easier than it is today to buy things without leaving home. Using a computer, tablet or phone to go online and purchase almost anything has added a level of convenience for consumers that could not have been imagined not so long ago. It is likely that few people realize that when they buy online, they deprive their local community and their state of resources needed for public investment in schools, transportation, safe communities and other building blocks for a strong economy.
What’s The Connection?
Few online purchases made by Missourians include the payment of state and local sales tax. That’s not because no tax is owed; it is because no tax is collected. There is something Missouri can do to recoup this lost revenue and level the playing field for local businesses that find themselves at a disadvantage because they have to charge sales tax. By passing the Streamlined S a l e s T a x c o l l e c t i ons m ec h anis m , state legislators can begin to close this loophole in tax collections. The situation exists because the
8 /March 2016
U.S. Supreme Court holds that online retailers don’t have to collect applicable sales taxes from their customers if the retailer has no actual physical presence (such as a warehouse) in the state. When you buy something from a business outside of Missouri, you technically owe what is called a “use” tax instead of sales tax. It is the same tax, at the same rate. Many Missourians probably don’t know they are legally required to calculate and remit sales taxes to the state on purchases made through “remote sellers,” like online retailers. Whether they know about the obligation or not, the reality is that if they don’t pay, no one will know. After all, when you buy something at a store, the cashier adds the sales tax to the price. However, with online
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purchases the responsibility often lies solely with the consumer. The result costs municipalities and the state, and the people they serve, more money every year as online commerce keeps growing. In 2011, the last year this data was collected, only 168 Missourians remitted use tax payments to the state, totaling a little more than $200,000. The Streamlined Sales Tax (SB 795), introduced by state Sen. Wayne Wallingford, would make it easier for online retailers to collect and remit sales and use tax. The measure would make Missouri a participant in what is known as the Streamlined Sales and Use Tax Agreement. This is a voluntary collections mechanism developed through the cooperative effort of 44 states, the District of Columbia, local governments and the business community. It simplifies sales and use tax collection and administration by retailers and states in order to minimize costs and administrative burdens on online and mail-order retailers to collect sales and use tax from customers in multiple states. By simplifying state sales tax laws, it is easier for online retailers to collect and remit state and local sales and use taxes. Once a state has enacted
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the legislation, it becomes a member of the national Streamlined Sales Tax Governing Board. The Board then notifies retailers that have registered with the Board to collect taxes on purchases made by residents of the state. To simplify compliance, the Board has certified seven providers whose sales tax collection software interfaces with the shopping carts of online retailers. Through an automated structure, the service providers are able to automatically calculate state and local sales taxes. The providers are paid for this service by keeping a small portion of the taxes they collect. Of the 45 states with sales taxes, 24 have joined the compacts, including Missouri neighbors Arkansas, Iowa, Kansas, Nebraska and Oklahoma. These states now capture some previously uncollected sales and use tax from online retail purchases. Based on the experience of these states, Missouri could expect to collect $15 million to $20 million in the first year of implementation. To get back the rest of the money states and localities lose from online transactions will also require action by the federal government. While the state legislation will make it easier for online retailers to voluntarily comply with collecting state and local sales taxes, the federal legislation would make that compliance enforceable. In
fact, Congress is considering legislation to require the compliance of large retailers. The federal legislation is known as the Marketplace Fairness Act sponsored by Missouri Sen. Roy Blunt. Both state and federal legislation are needed for Missouri to effectively close this tax loophole. The money involved is significant. If both the state and federal legislation had been in place in 2014, Missouri would have captured nearly $360 million more in state and local sales
tax revenue that year, according to a University of Missouri estimate.
Not A New Tax
It is important to point out that none of this involves creating any new taxes. The Streamlined Agreement and the Marketplace Fairness Act simply put in place a way to collect tax that already is owed, but rarely paid. The same products that are subject to sales and use tax today would be subject to the tax after the measure is
Missouri Tax Revenue Combined, the average rate for state and local sales and use taxes in Missouri is 7.805 percent, that includes: •
3 percent state general revenue sales tax
•
1.1225 percent in earmarked state sales taxes
•
3.58 percent average local tax
Based on the portions of the total that each comprise, in 2014, collections would have resulted in these increased revenues: •
State General Revenue: $137.6 million
•
State Education (Proposition C): $45.868 million
•
State Conservation: $5.73 million
•
State Parks/Soil: $4.586 million
•
Localities: $164.207 million
www.mocities.com
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March 2016 / 9
enacted. The Streamlined Sales Tax Agreement, coupled with the federal Marketplace Fairness Act, would move that responsibility back to retailers, just like responsibility for the collection of the sales tax falls now to local “brick and mortar” retailers. The push for improved and more equitable sales and use tax collection comes at a time when state and local governments increasingly struggle to meet growing public needs. The collection of owed sales taxes will increase the ability of state and local officials to pay for local schools, first responders, parks, infrastructure, public health and other services people expect and deserve. There is no reason to think people will stop shopping online. And there is no reason why their doing so should have to erode the services needed for communities to thrive. By passing the appropriate legislation at the state and federal levels, our elected officials can make sure that no matter how people shop, everyone contributes to funding the services that make Missouri a great place to live. Mike Sutherland is policy director for the Missouri Budget Project, a nonprofit, objective, public policy analysis organization that provides independent research on complex state budget, tax, and economic issues and how they impact all Missourians. The Missouri Budget Project works to enhance the ability of all Missourians to participate in the public debate and ensure that advocates, policy makers and the public have the information needed to create sound fiscal policies.
More Than Marketplace Fairness: How Missouri Cities Are Affected Capturing lost local sales tax revenue from sales made over the Internet will take a two-prong approach. First, the U.S. Congress must pass enabling legislation. Second, at the state level, the Missouri General Assembly must standardize local and state sales tax laws to those of other states. In doing so, several provisions of local sales tax laws must be changed to match the state’s sales tax law. It is important to note that this would mean: •
Municipalities would no longer be able to apply their sales tax to domestic utilities;
•
Municipalities could not opt out of the various sales tax holidays.
While the Streamlined Sales Tax legislation is an important component to the Internet sales problem, it is not the fix. Congressional action is the fix. Missouri cities need to be aware of an important issue: When Congress enacts the federal Marketplace Fairness Act (still languishing in Congress) and authorizes the levying state and local taxes on Internet sales, a municipality must first have passed the local use tax to take advantage of that authorization. There are approximately 100 municipalities that currently levy a use tax. Learn more about a use tax for your municipality at www. mocities.com.
~ Missouri Municipal League
Do You Need To Pass A Vehicle Sales Tax?
Municipalities must vote on a vehicle sales tax by November 2016. Questions? We can help! Contact MML at info@mocities.com or (573) 635-9134. 10 /March 2016
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Environmental Review
THE WONDERFUL WORLD OF WATER by League Staff
Editor's Note: This Environmental Review column provides information such as new environmental regulations and programs coming down the pike, and how they may impact your municipality. Providing citizens with clean drinking water and properly treating wastewater and stormwater are among the larger operations Missouri municipal governments manage. Due to the significant role these utilities play in municipal operations, the Missouri Municipal League (MML) staff has devoted many hours attending state and federal environmental meetings. The League is working to increase the representation of municipal interests on these important environmental issues.
Workgroups
Over the past several years, League staff has attended numerous Missouri Department of Natural Resources (DNR) meetings, environmental conferences and strategy sessions. DNR has been holding Water Protection Forum meetings that began
12 /March 2016
in 2005 on a quarterly basis. These meetings provide DNR staff with an opportunity to discuss new programs and proposals with interested parties. Groups in attendance at these meetings include municipal officials, as well as representatives of the Missouri Public Utility Alliance, Missouri Rural Water Association, Association of Missouri Cleanwater Agencies, sewer and water districts. Other groups include the Farm Bureau, environmental groups such as the Missouri Coalition for the Environment and industry representatives. Sub-groups of the water protection forum have delved into greater detail on specific topics. Some of the advisory groups include: • • • • •
Affordability Subcommittee; Nonpoint Source Management Plan Revisions; Nutrient Criteria Development Stakeholder Workgroup; Nutrient Trading Workgroup; Metropolitan Separate Storm
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• • •
Sewers System (MS4s); Section 401 Water Quality Certification Rulemaking Subcommittee; Water Quality Standards Workgroup; and Ammonia Standards/MultiDischarger Variance Workgroup.
Throughout the year, the Missouri Department of Natural Resources (DNR) director also hosts Kitchen Cabinet meetings for various groups including local government. The purpose is to offer forums for open and candid dialogue on issues common to many groups including local government, agriculture, environment and business/ industry. DNR’s main goal is to gain insights and input on Missouri’s challenges and opportunities from their partners. The meetings provide an opportunity for the Department to share some of their key initiatives and discuss how organizations can become involved.
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This fall, DNR began implementing an approach referred to as E3 – Enhancing Effectiveness and Efficiency. MML staff and other stakeholders who work with the Water Protection Program were involved in a meeting that identified target areas on which to focus improvement efforts. Teams have been formed to work on several of the projects that will be longer term, while other ideas have already been implemented, including improvements to posting boil order notices on the Department’s website. In addition to this group, there are other groups that meet as needed and cover a broad spectrum of other environmental related topics including air issues, electronics recovery, hazardous waste and solid waste. There are numerous commission meetings that are held throughout the year for the various environmental issues. League staff regularly attend these meetings. Information, including a calendar, can be found at http://dnr. mo.gov/env/wpp/cwforum/.
Updates
Here is an update on a few of the workgroups where League staff participate. Affordability Subcommittee: League staff were asked to sit on an advisory group to assist with DNR’s new community services program. The community services program seeks to accomplish three goals: • • •
Improve DNR’s responsiveness to local governments; Improve local environmental knowledge; and P r o a c t i v e l y a s s i s t communities with compliance a n d c a p a c i t y p l a n n i n g .
In September 2015, DNR invited 30 small Missouri communities to participate in a pilot planning assistance effort intended to help communities with developing a comprehensive plan to address current and future infrastructure needs with an emphasis on drinking water and wastewater treatment. DNR staff, along with partner organizations, are now working alongside community leaders across the state to evaluate their needs and make informed, common-sense decisions
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about environmental protection for their communities. DNR community services coordinators in each region (Kansas City, St. Louis, Northeast, Southeast, and Southwest) are available anytime to help local governments seek assistance on specific environmental issues. For more information or to find a coordinator serving your area, visit www.dnr.mo.gov/assistance. Nonpoint Source Management Plan Revisions: Section 319 of the Clean Water Act establishes a national program to address pollution from stormwater runoff that is technically known as nonpoint sources of water pollution. Nonpoint sources of water pollution are the leading causes of water quality degradation in the United States. Section 319(h) of the Clean Water Act specifically authorizes the U.S. Environmental Protection Agency to award grants to states with approved Nonpoint Source Management Program Plans. As required by Section 319(h), each state’s Nonpoint Source Management Program Plan describes the state program for nonpoint source management and serves as the basis for how funds are spent in addressing nonpoint source pollution. This document is revised every five years to reflect current
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conditions. This plan is in effect until 2019. Nutrient Criteria Development Stakeholder Workgroup: Developing the nutrient criteria that will protect the waters of the state requires significant analysis of water quality data. This workgroup was created to set nutrient criteria for lakes and reservoirs. Once that task is completed the group will then work on nutrient criteria for rivers and streams. This is a large task that involves many groups and disciplines within the water community. This technical group is working to develop criteria that will be scientifically defendable and sufficiently protective of the waters of the state. Water Pollutant Trading: DNR has been looking at ways to set up a water pollutant trading program ahead of the imposition of new water quality standards for nitrogen and phosphorus (and other possible factors). Small water treatment facilities may have no means for meeting these standards without exorbitantly expensive plant upgrades. Communities faced with expensive upgrades may find it more cost effective
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• • • •
to purchase water quality credits. The
programs being explored provide that credits may be sold by larger treatment facilities that are already exceeding their water quality standards for that portion of pollutant removal above their requirement. Farmers might also generate credits through land management practices that reduce water pollutuion. Further, DNR is proposing that projects funded by the existing soil and water soil conservation program's statewide sales tax could be utilized for credits. Under this proposal, municipalities could reimburse DNR for the projects funded by the soil and conservation sales tax and in return, receive water pollution credits that would count towards the municipalities water pollution requirements. HB 2490, (Korman) introduced this legislative session, would provide DNR with the authority to create a water pollutant trading
program. A working draft proposal is expected by the end of April and may be open for public comments in June. The program may be presented at the July Clean Water Commission meeting. Metropolitan Separate Storm Sewers System (MS4s): More than 150 Missouri municipalities have been designated regulated municipal separate storm sewer systems (MS4’s) under phase 2 of the EPA’s stormwater rules. Designation as an MS4 is generally determined by population. Municipalities with populations between 10,000 and 100,000 are considered phase 2 MS4s, as are those with a population between 1,000 and 10,000 if within an urbanized area as defined by the U.S. Census. As regulated MS4’s
MIRMA
Missouri Intergovernmental Risk Management Association Phone: 573.817.2554 Web: www.mirma.org
Missouri’s First Municipal Self Insurance Pool
14 /March 2016
BENEFITS:
,these municipalities are expected to comply with the six stormwater water management requirements: 1) public education and outreach; 2) public involvement and participation; 3) illicit discharge detection and elimination; 4) construction site runoff control; 5) post-construction runoff control; 6) pollution prevention and good housekeeping for municipal operations. More information about MS4 regulation can be found on DNR’s website at: http://dnr. mo.gov/env/wpp/stormwater/index. html. The EPA has created a Green Infrastructure Wizard: http://www2. epa.gov/communityhealth/greeninfrastructure-wizard. DNR held a meeting to allow input on the draft Small Phase II MS4 Master General Permit on Dec. 4, 2015. Stakeholders had many suggestions for amending the permit; the main issue for municipalities was removing Section 5.1 that would impose qualitative monitoring. The new draft permit did make this concession. The public comment period on the draft permit is expected to begin soon. Section 401 Water Quality Certification Rulemaking Subcommittee: Issues related to the Section 401 water quality certification rulemaking are currently being addressed by DNR. They will be updating the Clean Water Action Section 401 Water Quality Certification of Section 404 Nationwide Permits. Water Quality Standards Workgroup: This group assists DNR in developing and refining appropriate water quality standards for the prot ect ion of st reams, l a kes a n d wetlands that are waters of the state. The group is helping to identify and designate existing and attainable
One comprehensive package! Proactive loss prevention training On-site safety training Annual police firearms training Risk Management Grant Program Aquatic audit reimbursement Police accreditation reimbursement Seminars & workshops Video library
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COVERAGE:
Workers’ Compensation Property General Liability Public Officials Liability Employment Practices Liability Law Enforcement Liability Automobile Boiler & Machinery Airport www.mocities.com
beneficial uses in and on these waters, and will also help revise and establish the criteria for protecting those uses. The new criteria should better reflect the most recent understanding of the science and the regulatory obligations extending to Missouri’s waters. Missouri’s water quality standards are reviewed and modified every three years. The group met in early December 2015, to clarify some definitions and revise general criteria of the regulations. Ammonia Standards/MultiDischarger Variance Workgroup: On Aug. 22, 2013, the U.S. Environmental Protection Agency finalized new water quality criteria for ammonia based on toxicity to mussels and gill-bearing snails. Compliance with the ammonia standards is generally not possible for smaller municipal treatment plants that use traditional lagoon systems. Missouri already has an ammonia standard for fish that is difficult for lagoon systems to remain in compliance. Generally, the only alternatives for meeting the new ammonia standards require expensive options such as land application or construction of a mechanical plant. DNR has created a fact sheet for small communities to use in evaluating alternatives for meeting ammonia water quality: http://dnr.mo.gov/ pubs/pub2587.htm. Given the enormously expensive potential impact of complying with the ammonia regulation, DNR has requested that the EPA provide variances for qualifying Missouri municipalities to grant them temporary relief from complying with the ammonia standards. If approved, the variances would be temporary in nature (probably five years) and the granting of the variance would be strongly dependent on the economic health of the community.
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Over the past several years, League staff has attended numerous Missouri Department of Natural Resources (DNR) meetings, environmental conferences and strategy sessions. Pictured (l-r) are: Phil Walsack, Missouri Public Utility Alliance; Traci Newberry, Eric Crawford, and Hannah Humphrey, Department of Natural Resources; and Ramona Huckstep, Missouri Municipal League.
There are a number of opportunities for MML staff to provide input into the state rulemaking process with regard to environmental issues. If you have any questions or suggestions as staff work to represent the many municipalities and their issues, please let us know. Also, we would like your feedback on the information provided in this column. What environmental topics are of concern to you and your municipality? What examples do you have of environmental issues or successes in your municipality? Contact Ramona Huckstep or Stuart Haynes at the League at Rhuckstep@mocities.com or Shaynes@mocities.com. We want to represent our members in the best way possible.
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March 2016 / 15
MISSOURI AFTERSCHOOL NETWORK
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v e r y afternoon when the school bell rings, approximately one million school-aged youth in Missouri have no place to go while their parents finish out the work day. Consequently, the hours between 3-6 p.m. are peak times for participation in juvenile crime, victimization and experimentation with drugs, sex and other risky behaviors, according to U.S. Department of Justice statistics. “Afterschool programs work to keep youth safe and out of trouble, help working families by providing peace of mind to parents, and inspire youth learning and enrichment outside of the classroom,” said Missouri AfterSchool Network Director Terri Foulkes. “Our goal is to ensure all Missouri youth and their families have access to opportunities through afterschool programs regardless of their geographic location and access to resources.” The Missouri AfterSchool Network (MASN) is a statewide organization aimed at improving access and availability of high-quality afterschwool programs throughout the state. One of 50 statewide afterschool n e t wor k s f u n de d by th e Charles Stewart Mott Foundation, MASN shares the common goals of promoting partnerships between afterschool programs and other stakeholders influencing state and local policies to increase the capacity and sustainability of programs, and providing resources to programs to improve the quality of services to children, youth and their families. MASN aims to achieve its goals by convening stakeholders from 16 /March 2016
around the state on a regular basis to discuss key issues in afterschool programs. MASN also provides training, technical assistance, and other resources to programs and professionals in the field. MASN’s volunteer committees have created statewide quality systems, including program and professional standards. The National League of Cities (NLC), in partnership with the Wallace Foundation and Charles Stewart Mott Foundation, has worked with city leaders over the past eight years to help elevate the policy conversation around afterschool and expanded
learning opportunities by hosting leadership summits in states around the country. MASN, the Kansas Enrichment Network (Kansas’ statewide afterschool network), and the United Way of Greater Kansas City were awarded an opportunity to host a municipal summit on afterschool and expanded learning this year. The summit, entitled “Strengthening Opportunities for Youth, Creating Opportunities for Cities,” will kick-off with a networking reception on June 3 at “The Venue” in Leawood, Kansas City. The all-day summit will follow on June 4 at the Kauffman Foundation Conference Center in Kansas City, Missouri. Mayoral hosts for the event include Mayor Sly James (Kansas City, Missouri) and Mayor Peggy Dunn (Leawood, Kansas). Reginald McGregor of the Rolls-Royce Corporation, and longtime supporter and champion for afterschool programs, will provide the keynote address and will be joined by other afterschool experts and panelists from around the region and country.
For more information about the Missouri and Kansas statewide afterschool networks, and the funders for the municipal summit project, visit the links below: Missouri Afterschool Network: http://moasn.org Kansas Enrichment Network: http://kansasenrichment.net National League of Cities: http://nlc.org Charles Stewart Mott Foundation: http://mott.org The Wallace Foundation: http://wallacefoundation.org
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“Education, including the availability of meaningful learning opportunities outside of the classroom, is the most important issue facing our region,” said Mayor James. “To be truly great we have to have excellence across the board, including in our citywide afterschool programs. This exciting partnership with the National League of Cities, United Way of Greater Kansas City, Missouri AfterSchool Network, and Kansas Enrichment Network will help us achieve a level of excellence that our kids deserve.” The summit will aim to educate city leaders about the critical need for afterschool and expanded learning opportunities; engage mayors in helping to inform state policies; connect mayors and other city and community leaders with peers from across their states to improve afterschool and expanded learning through strategic partnerships; and highlight successful approaches in building citywide afterschool systems.
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Municipal leaders can play a critical role in developing, facilitating and strengthening coordinated systems of afterschool at the local level by making critical investments in programs or resources, helping to facilitate data-driven decisions, or serving to champion policies at the local, state or federal level. “The Municipal Summit on Afterschool and Expanded Learning will provide an opportunity to engage local communities in the critical conversation about how we can support youth, families and our communities,” said Foulkes. “As MASN works to increase the availability and quality of afterschool programs, we need partners at all levels – local, regional and statewide. Mayors are a key partner in this work because they see firsthand the need children and families have in their cities.” Mayors will be invited to bring teams from their cities in order to use the information disseminated
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at the summit to develop an action plan for their local communities. Event organizers will be sharing more information through the Missouri Municipal League as the summit approaches. Send questions to Casey Hanson, MASN policy and communications coordinator, at hansoncb@missouri.edu. Learn more about the Missouri AfterSchool Network at www.moasn.org.
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frequently asked questions - Americans With Disabilities Act Each day your Missouri Municipal League staff answers dozens of questions on municipal issues. This column reviews some of the most common questions the League staff receives. This issue’s column will focus on the Americans with Disabilities Act. Most questions and answers for this FAQ stem directly from information available on the Great Plains ADA center website (gpadacenter. org). As with all legal matters, municipal officials are urged to consult their city attorney for guidance in the specific problems faced by their municipality. Answers provided in this column should serve only as a general reference.
and agencies, and any other instrumentalities or special purpose districts of state or local governments. It clarifies the requirements of Section 504 of the Rehabilitation Act of 1973 for public transportation systems that receive federal financial assistance, and extends coverage to all public entities that provide public transportation, whether or not they receive federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail (such as AMTRAK).
Q. Does The ADA Apply To State And Local Governments?
Q. How Does Title II Affect Participation In A State Or Local Government’s Programs, Activities And Services?
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all programs, activities and services of public entities. It applies to all state and local governments, their departments
A state or local government must eliminate any eligibility criteria for participation in programs, activities and services that screen out or tend to screen out persons with disabilities, unless it can establish that the
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requirements are necessary for the provision of the service, program or activity. The state or local government may, however, adopt legitimate safety requirements necessary for safe operation if they are based on real risks, not on stereotypes or generalizations about individuals with disabilities. Finally, a public entity must reasonably modify its policies, practices or procedures to avoid discrimination. If the public entity can demonstrate that a particular modification would fundamentally alter the nature of its service, program or activity, it is not required to make that modification.
Q. Does Title II Cover A Public Entity’s Employment Policies And Practices? Yes. Title II prohibits all public entities, regardless of the size of their work force, from discriminating in employment against qualified individuals with disabilities. In
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addition to Title II’s employment coverage, Title I of the ADA and Section 504 of the Rehabilitation Act of 1973 prohibits employment discrimination against qualified individuals with disabilities by certain public entities.
Q. What Changes Must A Public Entity Make To Its Existing Facilities To Make Them Accessible? A public entity must ensure that individuals with disabilities are not excluded from services, programs and activities because existing buildings are inaccessible. A state or local government’s programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as “program accessibility,” applies to facilities of a public entity that existed on Jan. 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible. They may provide program accessibility by a number of methods including alteration of existing facilities, acquisition or construction of additional facilities, relocation of a service or program to an accessible facility or provision of services at alternate accessible sites.
Q. What Does Title II Require For New Construction And Alterations? The ADA requires that all new buildings constructed by a state or local government be accessible. In addition, when a state or local government undertakes alterations to a building, it must make the altered portions accessible.
Q. How Will A State Or Local Government Know That A New Building Is Accessible? State or local governments are required to comply with the minimum accessibility standards set forth in the 2010 ADA Standards for Accessible Design. These are minimum standards and a public entity may provide features that are above the minimum standards.
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Q. What Requirements Apply To A Public Entity’s Emergency Telephone Services, Such As 911? State and local agencies that provide emergency telephone services must provide “direct access” to individuals who rely on a TDD or computer modem for telephone communication. Telephone access through a third party or through a relay service does not satisfy the requirement for direct access. Where a public entity provides 911 telephone service, it may not substitute a separate seven-digit telephone line as the sole means for access to 911 services by nonvoice users. A public entity may, however, provide a separate seven-digit line for the exclusive use of nonvoice callers in addition to providing direct access for such calls to its 911 line.
fixed-route, public transit buses be accessible and that supplementary paratransit services be provided for those individuals with disabilities who cannot use fixed-route bus service.
Q. How Are The ADA’s Requirements For State And Local Governments Enforced? Private individuals may bring lawsuits to enforce their rights under Title II and may receive the same remedies as those provided under Section 504 of the Rehabilitation Act of 1973, including reasonable attorney’s fees. Individuals also may file complaints with eight designated Federal agencies, including the Department of Justice and the Department of Transportation.
Q. What Are The ADA’s Requirements For Public Transit Buses? The Department of Transportation has issued regulations mandating accessible public transit vehicles and facilities. The regulations include requirements that all new
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2016 MML LEGISLATIVE CONFERENCE Missouri local municipal officials discussed the best ways to work together with state and federal officials in Jefferson City at the Missouri Municipal League Legislative Conference Feb. 9-10, 2016. More than 230 municipal mayors, councilmembers, city administrators and other local officials reviewed how proposed state legislation, such as sales and property tax exemptions, right-of-way issues and municipal court issues affect a city’s ability to provide critical services to citizens. Two-thirds of Missourians live in a municipality and depend on the day-today services their city provides, such as water, sewer, trash pickup, street maintenance, police protection, snow removal and more. Plan to join your fellow local government leaders from across the state at next year's MML Legislative Conference Feb. 14-15, 2017!
Left (above): Melodee Colbert-Kean, Joplin councilmember and National League of Cities' president; Carolyn Coleman, federal advocacy director, National League of Cities; and Dan Ross, MML executive director, prepare to meet with Missouri state legislators on a snowy day. Left (below): Missouri Gov. Jay Nixon kicked off the MML 2016 Legislative Conference, sharing his views on the importance of local government and how vital transportation funding is for the success of Missouri economic development.
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March 2016 / 21
GET TO KNOW YOUR MML BOARD OF DIRECTORS: Mayor Bob Stephens, Springfield and Mayor Bill Kolas, Higginsville
What Sparked Your Interest In Local Government? The problems with the police/fire pension plans sparked my interest.
What Has Been The Toughest Lesson You Have Learned During Your Career In Local Government? I have learned to not read the comments in the paper and on Facebook.
In Your Opinion, What Is The Most Important Issue Facing Local Government In Missouri? Bob Stephens Mayor, City of Springfield MML Board of Directors
One of the top issues facing local government is state encroachment on local matters. At the state level, transportation is very important. Also, pending Environmental Protection Agency regulations are an important issue.
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W hat G oals D o Y ou H ave T his Year As You Serve With The MML Board Of Directors? I would like to provide policy guidance on the issues we have to deal with in the Capitol.
What Advice Would You Give To Someone New To Local Government? If you’ve got one burning issue, don’t do it. If you wonder if you have anything to offer, then do it.
How Would You Describe Your City To Someone Who Had Never Visited? Vibrant. Growing. Busy. Springfield is a model for others. We are striving to solve our problems and having fun.
What Are Your Interests Outside Of Local Government? I enjoy Irish folk music, and American folk music.
Where Would You Like To Travel And Why? I would travel to Colorado to visit my two daughters and four grandchildren.
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In Your Opinion, What Is The Most Important Issue Facing Local Government In Missouri? The constant interference from the State Assembly and Federal Agencies in local politics threatens the ability for local government to make the best decisions for the local community. Another issue is the future of the small cities and their ability to continue to function as a city while meeting the demands of legislation. Critical are infrastructure needs and providing necessary services to its citizens while struggling with limited financial resources.
What Goals Do You Have This Year As You Serve With The MML Board Of Directors? Bill Kolas Mayor, City of Higginsville MML Board of Directors, Immediate Past President
What Sparked Your Interest In Local Government? I grew up in Higginsville and graduated from Higginsville High School. During those formative years, my interests were around sports, school, friends and having a good time. I didn’t focus on the things that make a city a city. Much later, my vocation brought me back to Higginsville. During these 20 years away from Higginsville, I spent four years with the U.S. Navy and workrelated travel and relocations. After moving back to Higginsville, I observed poor curb/guttering infrastructure and inadequately maintained streets. I successfully ran for Alderman in 1978, to try to be in a place of leadership to work on those infrastructure needs.
What Has Been The Toughest Lesson You Have Learned During Your Career In Local Government? Getting anything done is a slow process even on a local level. Due to just two scheduled monthly meetings, getting a consensus of the administration and the Board of Aldermen, evaluating public input, having the necessary financing on projects or direction the City needs to take is a slow process. While running City Government is a business, it is totally different that running a private business.
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The MML is a strong, efficient organization. With the assistance of the board and administration we need to ensure it remains so. It is also important to be active in the state legislative activities. We need to continue to improve relations with the legislators and offer a hand of friendship.
What Advice Would You Give To Someone New To Local Government? What is the person’s motivation? If there is an “axe to grind,” then this negative mindset will not serve the person or community well. Instead, get involved with the functions of city business by attending regular board or committee meetings. Get to know the current city leaders, the Mayor and Aldermen, and ask them questions. Consider accepting an appointed position to one of the many boards, committees, or commissions that function within the city government. Always be truthful and never promise more that you can deliver.
How Would You Describe Your City To Someone Who Had Never Visited? Higginsville is a friendly community that offers many of the amenities of the larger cities. Our location on Missouri Highway 13 and Interstate 70 offers the best of rural living with the opportunity to be in Independence or Kansas City within a 35-45 minute drive. The City supplies its residents all of the necessary services for a great quality
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of life. Additionally, the City has a very active Chamber of Commerce, user-friendly park facilities, a topnotch school system and an active and reactive City government.
What Are Your Interests Outside Of Local Government? I am a life member of the American Legion Post #223, a life member of the VFW Post#4288, a board member and immediate past president of the Base Community Council at Whiteman Air Force Base and attend regular board meetings as well as other activities sponsored by the Base. I am the president of the Transportation Advisory Council (TAC) of the Pioneer Trails Regional Planning Commission (PTRPC) and a member of the PTRPC Board. Another of my transportation activities is chairman of Lafayette County Transportation needs and report to the TAC. I am a long-time member of the Missouri Highway 13 Corridor/Coalition. I have been an active member of the First Baptist Church for 39 years where I am an ordained deacon, choir member and have held other duties within the church. I sing with the Lafayette County "Chorus of Friends” and the Warrensburg Community Chorus. My wife and I like to take road trips seeking out flea markets and antique shops. We both like eating out and enjoy our grandkids as much as possible.
Where Would You Like To Travel And Why? A nostalgic trip back to the Hawaii Islands is high on my list. This is where Mrs. Kolas, Donna, and I began our life together as husband and wife. I was fresh out of Meteorology School with the U.S. Navy and was assigned duty to the U.S. Naval Air Station at Barber’s Point, Hawaii. The assigned duty on Oahu was for two years and during this time, our daughter Jennifer was born. To revisit the Islands now after so many years would be a treat.
March 2016 / 23
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March 2016/ 25
MML Calendar of Events
Member News
2016 KANSAS CITY HONORED NATIONALLY FOR PROCUREMENT PRACTICES The U.S. Conference of Mayors has presented its first Leadership Award to Kansas City for providing innovative solutions to public agencies through the U.S. Communities Cooperative Purchasing Program. Mayor Sly James praised Renee Medlin, Procurement Manager in the City’s Procurement Department, who accepted the award in February during the U.S. Conference of Mayors 84th Annual Meeting in Washington, D.C. The City was recognized as a leader in the use of U.S. Communities contracts, saving taxpayer money and achieving administrative efficiency.
SPRINGFIELD CITY MANAGER NAMED A MISSOURIAN TO KNOW Springfield City Manager Greg Burris was named one of the “50 Missourians You Should Know” by Ingram’s magazine. Each year, the publication honors key leadership figures in Missouri business, education, philanthropy and non-profits, arts, entertainment, sports and other sectors. Burris has served as the city manager since 2008.
April 5 21 May 1-7 3-4 4-6 June 4 9-10 23
Municipal Elections Partners In Governance Conference, Columbia, Missouri
Missouri Local Government Week Missouri Concrete Conference, Rolla, Missouri 2016 MCMA Annual Spring Conference, Lake Ozark, Missouri Miwssouri AFterschool Network Municipal Summit, Kansas City, Missouri Elected Officials Training Conference, Columbia, Missouri MML Policy Committee Meeting
July 11 28
MML Innovation Award Applications Deadline MML Resolutions Committee Meeting
September 11-14
82nd MML Annual Conference, St. Louis, Missouri
For more events, visit the events calendar at www.mocities.com.
Join Us! Sept. 11-14, 2016 MML Annual Conference Union Station, St. Louis
Missouri Local Government Week May 1-7, 2016
All Day. Every Day. Local Government Works For You. Learn More At www.mocities.com! 26 /March 2016
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March 2016 / 27