September 2016 MML Review

The Missouri Municipal

Review

The Official Publication of The Missouri Municipal League

September 2016

In This Issue: • Our Missouri Waters • Arnold Flood: Lessons and Successes • PACE for Homeowners • Sunshine Law Changes • Top Ten Local Government Myths

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.

Relationship Managers

William T. Sullivan, Jr. 631.806.9470 cell sullivanw@pfm.com

Maria Lawlor 314.815.5481 direct lawlorm@pfm.com

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

Client Services Group (CSG) • 1-877-696-6747, Option 3

Amber Cannegieter Key Account Manager cannegietera@pfm.com

Joshua Groff Client Consultant grofj@pfm.com

Scott Bilheimer Client Consultant bilheimers@pfm.com

Melissa Rodgers Client Service Representative rodgersm@pfm.com

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 63146 • 1.800.891.7910 • www.mosip.org 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.

2 /September 2016

The Missouri Municipal Review

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The Missouri Municipal

Review

September 2016

VOLUME 81, NO. 5

The Official Publication of The Missouri Municipal League

CONTENTS

President

Mayor Randall Rhoads Lee's Summit

Vice President Mayor Kathy Rose Riverside Immediate Past President Mayor Bill Kolas Higginsville

e 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

4/

MML Director's Report

5/

Our Missouri Waters

by Jennifer Hoggatt

8/

City Of Arnold Effectively Beats Holiday Flood Disaster

by Jeff Dunlap

12/

Liquor In Missouri: Your Local Government Questions Answered

by Jennifer Baird

15/

Making Home More Energy Efficient

by John Harris

18/

Feels Like Home Tour: Reaching Out To Rural Communities

DEPARTMENTS 21/

News From The Bench: Sunshine Law Changes

by Ken Heinz

22/ FAQ: Top Ten Local Government Myths 24/

Getting To Know You: Mayor Eileen Weir

26/

WestGate Civic Leadership Awards

29/

Professional Directory

30/ Member News/ Calendar of Events Cover Photo Courtesy Missouri Dept. of Natural Resources

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

September 2016 /3

Director’s Report. . .

Dan Ross MML Executive Director

MML needs your help.

Some of the most important and requested products and services your MML attempts to provide are accurate and timely lists of municipal election and ballot measure results. MML, member municipalities, state agencies and the media all want or need the

information to do their jobs. Because that information is not gathered or reported anywhere else in a timely manner, we are asking you, our members, who are closest to and aware of issues, to let us know when you place a tax or bonding authority measure on the ballot.

To improve the process and increase reporting accuracy, MML will now use both the City Clerk and Public Information Officer listserves and other contact information in advance of and immediately following April, August and November elections to learn of the results of ballot measures and also when new municipal officials are elected. MML receiving and reporting this information will publicly announce and celebrate your success. The data gathered will assist MML in our efforts to provide cities and citizen groups with the language and tools needed to pass the vehicle sales tax and other ballot measures. It will also help us analyze, identify and report on tactics that weren’t successful.

MML is stepping up our efforts to obtain accurate and timely information but we will need your help to be successful. Contact me if you have other ideas to make this initiative work.

Why Should You Visit MML's Website?

• Current Job Opportunities

• Member City Websites • Daily Local News • MML Conferences • Latest Legislative Action • Publications

• Sample Ordinances

www.mocities.com

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4 /September 2016

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OPERATIONS & MANAGEMENT EXPERTISE

Terry Merritt Division Manager

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MISSOURI DEPARTMENT OF NATURAL RESOURCES: OUR MISSOURI WATERS

by Jennifer Hoggatt

Missouri has been blessed with abundant and diverse water resources like few other states in the nation. The quality of life for each Missourian can be closely tied to the health of our state’s natural resources. Ensuring we are able to enjoy our Missouri waters today as well as ensure the same for future generations is the essence of the Missouri Department of Natural Resources’ (DNR) mission.

Missouri waters are not only essential for our health and quality of life; they also play a critical role in the state’s overall economic well-being. Lakes, rivers and streams provide quality drinking water, abundant fish stocks, irrigation, recreation and other vital services.

Creating a rich legacy for Missouri’s waters can be a daunting task. DNR’s “Our Missouri Waters” effort brings together an engaged local citizenry and good science to provide the perfect balance to create the best path forward to improve and maintain healthy waters.

At the heart of it, Our Missouri Waters is a statewide framework, operating at the 8-Digit Hydrologic Unit Code (HUC) scale. The program has identified 66 watersheds in Missouri.

It is a framework whose main goals are to engage and inform local watershed citizens so that they may prioritize and act to ensure clean and abundant water for their watershed and local communities for generations to come.

Complementary to this, it also creates a framework where resources work more effectively together to provide a holistic watershed benefit.

Through this process, the department is committed to continuously adapting and improving Our Missouri Waters by incorporating stakeholder suggestions and providing current information.

Missouri’s municipal government partners play a key role in the Our Missouri Waters conversations. Community leaders many times have important information about water needs and impacts to the local water supply. By understanding the value of the local water supply and the challenges, the department and other agencies can provide more effective, practical solutions that provide multiple benefits.

The Our Missouri Waters Strategy

Understanding what is going on and what is important in a watershed takes a team approach. DNR and other agencies collect information that helps provide a characterization of the watershed. However, that is just the first step in truly understanding and planning a course of action that is practical and effective.

Information must be shared with local citizens who know their watershed better than most. By sharing information and building a common understanding of the watershed and its priorities, local citizens and resource agencies can work together to build

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practical, obtainable goals and action plans to ensure clean and abundant water for generations to come. As actions are implemented, progress can be measured to understand if the course of action is having the desired effect. Using information gained from progress, the partners can adapt and adjust action plans to ensure continuous improvement and progress toward shared goals.

Sharing And Cooperation

In order to provide the best information about each watershed, DNR has developed a new process and format that helps staff engage with each other across divisions and programs.

This cooperation allows the department The Missouri Municipal Review

Wa . ter . shed: noun

An area of land that drains water into a particular lake, river or wetland. to produce an integrated, easy-tounderstand overview of the water resources within each watershed. This overview is titled, “The State of Our Missouri Waters,” and provides readers with information about water quantity, water quality, current water protection activities within the watershed, and a list of resources for additional information. State of Our Waters September 2016 / 5

Community Services Team Our Missouri Waters conversations have already helped the department identify some of the key challenges faced in watersheds throughout the state. With that knowledge, the Missouri Department of Natural Resources has also added new resources to address local challenges. Shortly after completing the pilot phase of Our Missouri Waters, the department implemented a community services program to respond to challenges uniquely faced by community leaders, especially those in small, rural communities throughout the state. These leaders must make decisions about their city’s infrastructure to meet the needs of their current and future population. Small communities that have experienced declining populations and diminishing income face the greatest hardship to meet the costs associated with maintaining and improving aging public infrastructure.

The community services team helps local governments responsible for environmental protection in their communities by: • Answering questions and providing one-on-one assistance on specific environmental issues.

• Helping communities find resources such as technical assistance; grants and loans; and training.

• Assisting small, financially and technically challenged communities with developing a comprehensive plan to address current and future environmental needs.

Wastewater treatment and drinking water infrastructure are some of the most valuable assets owned by a city or town, and have a significant impact on the community’s health, economy and overall well-being. Community and watershed benefits that follow infrastructure installation, maintenance and upgrades include: • Improved public health with access to clean drinking water and reduced or eliminated sanitary sewer overflows; • Cleaner and safer streams and lakes for swimming and fishing • Reduced utility energy costs; • Boosted local economies with state and federal low-interest loans and grants; • Increased property values; • Improved community attractiveness for new business development.

Citizens from a variety of groups in the Lower Grand River Watershed in north central Missouri are partnering to hold watershed trash pickup events.

6 /September 2016

The Missouri Municipal Review

publications are now available for all Group 1 watersheds and will soon be available for Group 2 watersheds (See Figure 1.) Additional groups will be available in the future. The publications can be found at the department’s Our Missouri Waters website, dnr.mo.gov/ omw.

Local Engagement and Collaboration

After compiling and sharing the information the department has for the watershed, the Our Missouri Waters framework focuses on a collaborative watershed process to engage local citizens, refine understanding, and set priorities and goals. The collaborative watershed process includes holding a series of meetings that have proven to be successful and aid in building a shared knowledge base and understanding of local water resources.

Public participation and attendance at watershed meetings plays a vital role in the success of Our Missouri Waters.

A watershed advisory committee comprised of local citizens is asked to consider and recommend the watershed’s priorities and goals.

Committee members develop a “Healthy Watershed Plan” that documents their discussions; the priorities and goals the members have outlined for the watershed; and the next steps members feel are necessary to reach their goals.

Citizens are already taking action to protect their valuable water resources. In the Lower Grand River Watershed in north central Missouri, local volunteers and businesses, adopta-highway groups, the Missouri Stream Team program, the North Central Missouri Regional Water Commission, and the Missouri Departments of Natural Resources, Transportation and Conservation are partnering to hold watershed trash pickup events.

In the North Fork Salt River watershed in northeast Missouri, Our Missouri Waters has helped increase interaction between local citizens. They have been able to discuss information and understand that protection of their drinking water supply is a priority they all share. Municipal leaders, farmers, citizens, and others are working together to reduce sediment accumulation in their drinking water reservoir. Sediment in the water supply requires increased treatment to make it safe to drink, leading to increased cost for all water users. Farmers are www.mocities.com

increasing their use of soil conservation practices, namely by planting cover crops. Not only does this provide protection against sediment entering the water supply, but farmers can also see benefits in increased soil health and a boost to their bottom line. Our Missouri Waters is working with partners, such as soil and water conservation districts, Natural Resources Conservation Service (NRCS), the Clarence Cannon Wholesale Water Commission, and University of Missouri Extension to host soil health workshops in each of the six counties in the watershed.

American author Jim Watkins is quoted as saying, “A river cuts through rock, not because of its power, but because of its persistence.” Water truly is a driving force in our lives, and with your help, the Missouri Department of Natural Resources will continue to work persistently and passionately to ensure Missouri communities, citizens and visitors have clean and abundant water for generations to come. Jennifer Hoggatt is the Our Missouri Waters Statewide Coordinator. Learn more at http://dnr.mo.gov/omw/.

Figure 1.

There are 66 HUC 8 watersheds in Missouri. They are grouped into groups of approximately 12-15 watersheds each.

Regional Watershed Coordinators: Northeast Mary Culler 660-385-8000 Kansas City Crew Schuster 816-251-0798 St. Louis Tracy Haag 314-416-2960 Southeast Paden Grant 573-840-9750 Southwest Gwenda Bassett 417-891-4300

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Missouri's regional watershed coordinators work closely with the communty to move through each milestone of the Adaptive Management Strategy (above). Each watershed begins with the first step on the wheel, "Characterize the Watershed."

The Missouri Municipal Review

September 2016 / 7

CITY OF ARNOLD EFFECTIVELY BEATS THE HOLIDAY FLOOD DISASTER

by Jeff Dunlap

T

he flood that s w a m p e d A r n o l d , Missouri, (22,000 pop.), during the 2015 holiday season was unlike any the City had ever seen.

Unlike the flood of 1993, when the Mississippi and Missouri rivers backed up due to ice melt and heavy rain upriver, the rain that started in Arnold on Dec. 26 simply would not quit for days.

More than 10 inches fell on the City in 72 hours.

That, along with a deluge of heavy rain across Missouri overflowed the Meramec River, a 229-mile-long waterway normally dotted with canoes, fishing boats and kayaks in the summer.

Arnold’s quick response to the disaster that affected 295 local homes; flooded city parks and streets; closed bu s i n e sse s; a n d t em p orarily s hut down Interstate 44 and Interstate 55 is a textbook case of how a municipality effectively managed a major crisis that impacted thousands of people.

At Arnold, the Meramec averages about five feet deep as it flows to the Mississippi a few miles south. The day after Christmas, it looked 10 feet higher.

Arnold Mayor Ron Counts was celebrating the holiday at home with his family.

“Reports came in about the river getting higher, and we became more concerned,” Counts said.

Over the rainy weekend, the Meramec rose another 15 feet. Counts learned the river was expected to reach at least 40 feet within days and crest at 47 feet by New Year’s Day. On Dec. 28, with the river at 35 feet, Mayor Counts assembled city department directors and Police Detective Omar Ruiz, who manages the City’s Emergency Operations Center (EOC); Police Captain Robert Ruckman; 8 /September 2016

to begin delivering the first of 145,000 sand bags, 1,450 tons of sand and 242 rolls of plastic to deposit in piles on the corner of every street in flood-prone areas over the next four days.

Police Chief Robert Shockey had activated 48 of his 49 officers, stationing one officer on every floodprone street.

“It was a massive call to duty,” said Shockey. “We had very little information about how bad the flooding would get and what it would do to our City. We Photo courtesy of Humane Society of Missouri. wanted to be ready for any potential situation.”

Director of Parks & Recreation Fire Chief Jeff Broombaugh; and two officers from the U.S. Army Corps of Susie Boone had recalled her staff from vacation on Christmas Eve. Engineers.

“We had to secure everything The City prepared to handle flood at our parks and golf course – picnic emergencies with military precision.

That morning, the mayor signed tables, trash cans and all equipment,” an Executive Order declaring the City said Boone.

Boone assigned four staff in a “State of Emergency” that would allow Arnold to access assistance from members to help Blattner’s team; her outside agencies, such as the Missouri 10 other staff members began working to secure the recreational properties.

National Guard.

Detective Ruiz opened the EOC in “We wanted residents to know what was happening to the City and the basement of City Hall. This 20’ x 80’ what might happen to them,” the mayor room was equipped with a chalkboard, said. “We dispatched police officers city maps, long tables, five computers, to flood-prone neighborhoods where six hard phone lines, “and everybody officers knocked on doors and used on the EOC team had their cell phones,” Ruiz said. megaphones to inform residents.”

Serious flooding in some areas Those officers hand-delivered letters detailing disaster information had already begun. Staffed by city and fire department employees, the EOC to 400 residents.

That same day, the EOC team buzzed with activity and phone calls. prepared a point-by-point situation No one from outside was allowed inside report and distributed it to all major without authorization. It would be open media within a 25-mile radius, including daily from 8 a.m. to 8 p.m. for 10 days.

St. L ouis. Such report s would b e It also became the Federal Emergency distributed daily for 10 days. The City Management Agency (FEMA) and would also post flood advisories on its Small Business Administration (SBA) website, www.arnoldmo.org, and on info-center when flooding began.

“The EOC was the hub for social media. e v e r y thing,” said Ruiz, who had By noon, Director of Public Works Ed Blattner ordered his 20-person team previously worked for three years The Missouri Municipal Review

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in the American Red Cross Jefferson County office. He and Chief Shockey commanded the EOC; Ruiz became the City’s “go to guy” for floodrelated directives. Police Captain Robert Ruckman was named public information officer for the duration.

Christie Hall-Bettale, city flood plain manager, began to predict what other parts of town might be affected in addition to neighborhoods near the river. The City would also engage a consultant to predict flood flow and depth to learn how flood waters would impact homes, businesses and mobile homes.

“At that time, we had no definitive idea of how bad things would become or what would happen except the river would keep rising,” said Blattner. “So we stuck to our disaster plan.”

What Happened Next?

Raw sewerage began flowing downriver to Arnold. The Metropolitan Sewer District (MSD) treatment plant upriver in the city of Fenton quit operating. Rain and rising waters caused a power outage and overflowed treatment tanks.

Promptly, the Missouri Department of Natural Resources (DNR) got involved. Mayor Counts, committed to maintaining transparency and keeping citizens informed, organized a public meeting with city

(Top) Staffed by City and fire department employees, the Emergency Operations Center buzzed with activity and phone calls. It would be open daily from 8 a.m. to 8 p.m. for 10 days. (Above) Some members of the Humane Society's Disaster Response Team are trained in swift water rescue. Photo courtesy of Humane Society of Missouri.

Experience Counts

With more than 24 years of experience in local government law, CHGO attorney Stephanie Karr received this award for her exemplary service, upholding the highest standards of ethical conduct and professionalism, and her record of outstanding STEPHANIE KARR

contributions to the field of municipal law.

130 S. BEMISTON • SUITE 200 • ST. LOUIS • MO • 63105

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officials, DNR, MSD and public health officials. More than 100 local residents attended.

“We knew the water quality issues in Flint, Michigan, were on peoples’ minds,” said Counts. “We wanted to demonstrate to our citizens that we were doing everything possible to deal with the situation before us.”

“The City doesn’t have any regulatory power,” Arnold City Administrator Bryan Richison said.

“But we made absolutely sure that the sewerage situation was being handled.

DNR was on top of it, and we were, too.

We had a lot of conference calls to make sure everything was being handled very well.”

In addition, the City coordinated with the Jefferson County Health Department to ensure health officials had adequate supplies of tetanus shots available for residents when the river crested. Community Treatment, Inc., a mental health counseling agency, planned for mental health workers to enter flooded areas to check on the well-being of residents after the river crested.

On Dec. 29, Boone contacted Home Depot and Lowe’s stores, and many smaller stores, to solicit contributions of buckets, disinfectants, mops, rubber gloves and other supplies.

“The response of every business was great, and I will never forget their generosity,” Boone said.

The City also contacted the State Emergency Management Agency (SEMA) for additional supplies.

“The outpouring of volunteerism was incredible,” says City Councilman Gary Plunk. “Volunteers had begun working in Arnold the day after Christmas.”

That day, members of the Missouri Southern Baptist Relief organization and the American Red Cross worked with Arnold’s First Baptist Church to open 10 /September 2016

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a shelter, food and supply distribution center in the church buildings. The Humane Society of Missouri from St. Louis made the church its base for rescuing pets during the disaster.

Within a few days, volunteers from many agencies, some from out of state, set up operations in Arnold.

They included AmeriCorps, Catholic Charities, Convoy of Hope, City of Hope, Disabled American Veterans and other veterans’ groups, the Fraternal Order of Police, the Humane Society, Salvation Army, and a group of Mennonites, among scores of additional volunteers.

“The flood directly impacted about three percent of our population, but it affected everybody and during the 10-day crisis we deployed 100 percent of our resources. We discovered that this terrible disaster brought out the best in everyone.” ~ Mayor Ron Counts, City of Arnold On Dec. 29, Laclede Gas Company and AmerenUE began shutting off gas and electric services in flood-prone areas for safety. Interstates 44 and 55, flooded over at Meramec River bridges, were temporarily closed. The City also closed many streets.

On New Year’s Eve, the Meramec rose to 45.5 feet. It was expected to crest at 47 feet on New Year’s Day, but major flooding had already begun. That day, as flooding continued, calls increased dramatically and Missouri National Guardsmen arrived to assist the Arnold police, who typically respond to 150-175 incident calls per day.

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“Flooding became a nightmare for many people,” Chief Shockey said.

“Many were losing their homes and possessions.”

Dozens had six feet of water in their basements filled with chemicals, garbage, sewerage and snakes. Outside homes, Christmas trees, presents and ornaments floated amidst garbage and debris.

“It was a terrible disaster and we were compassionate, yet we also had to be professional,” Chief Shockey says.

“Our officers did what they are trained to do – they gave their very best and more – and for that we are proud.”

The Meramec crested at 47 feet at 6 p.m. on New Year’s Eve. Within 24 hours, water slowly began receding.

Arnold’s biggest challenges lay ahead: Finding temporary shelter for flood victims, inspecting residences, restoring utilities, sanitizing infected areas, helping homeowners apply for FEMA assistance, and massive cleanups that would take weeks.

Arnold Community Development Director Mary Holden’s work was just beginning.

“We had to conduct damage assessments, determine if power could be restored in homes and conduct other inspections,” Holden said. “We followed FEMA guidelines.”

Many displaced residents were staying with family, friends or in a shelter. Holden’s team created entry forms that allowed them to re-enter their flooded neighborhoods. Missouri National Guardsmen helped with the vetting process.

“It was sad to see so many people working to clean up their homes,” Holden said. “It was terrible. Yet people were always glad to see the City responding quickly.”

To speed the process, Holden recruited inspectors from other cities for assistance. www.mocities.com

“It was vital to help people prepare to apply for buyout grants from FEMA,” said Holden.

At Fox High School, hundreds of citizens dropped off food, clothing, bottled water and pediatric supplies in the gym for flood-weary residents.

Boone’s team staffed a city distribution center to give residents food and cleaning supplies.

The daunting task for Boone’s team was to disinfect city recreational properties. Staff members donned hazmat suits and respirators and followed FEMA guidelines to disinfect everything river water had touched -- from asphalt and concrete, to fences, e l e ct r i c a l e q u i pm en t, p laygrou nd equipment, restrooms and signage.

Blattner rented 289 dumpsters from Republic Services so his public works staff could deliver them to flooded areas for residents to fill with ruined items. By the end of the ordeal, 988 tons were collected in more than 950 dumpster loads. Environmental Protection Agency officials and public works crews picked up household hazardous waste, electronic waste and items not allowed in dumpsters.

Arnold’s public works team also began gathering thousands of wet sandbags.

A multi-agency resource center soon was established at Fox High School to centralize agency assistance – 20 agencies offered information about their services to residents whose homes were damaged.

“The place was packed with people asking all kinds of questions,” said Richison.

Volunteers were crucial in the flood aftermath. Toby Tucker of the First Baptist Church and his team mudded out, cleaned and removed debris from 85 houses.

“It was a very extensive process,” says Tucker, whose team ripped out wet drywall, power-washed interiors with mold retardant and piled ruined furniture outside. The Humane Society rescued more than 100 pets.

Homeowners opened their houses to displaced people. Volunteers worked dawn to dusk. A police dispatcher, Traci Doutre, would not leave her post even though her house was filled with six feet of water.

“You can’t describe what it’s like to see people who lost their homes – they look downtrodden and beaten to a pulp, and you want to help them,” said Councilman Plunk. www.mocities.com

Cleanup activity took place on many neighborhood streets after flood waters subsided. Photo courtesy of City of Arnold.

“People who have not been in a disaster like this don’t know what it’s like to resolve it,” adds Richison. “We hope it never happens again, but if it does, we will be ready.”

It would take three months to clean up the City.

“The flood directly impacted about three percent of our population, but it affected everybody and during

the 10-day crisis we deployed 100 percent of our resources,” said Mayor Counts. “We discovered that this terrible disaster brought out the best in everyone.” …

Jeff Dunlap is a writer in St. Louis who can be reached at jmdpr2@gmail.com.

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September 2016 / 11

LIQUOR IN MISSOURI YOUR LOCAL GOVERNMENT QUESTIONS ANSWERED

by Jennifer Baird

M

issouri is home to

approximately 130 wineries1 and approximately 88 breweries 2 . In fact, a 2013 study published by the Mercatus Center at George Mason University ranked Missouri third in the nation in alcohol freedom, noting Missouri’s “alcohol regime is one of the least restrictive in the United States, with no blue laws and taxes well below average.”3 This year, the Missouri Legislature adopted Senate Bill 919 (SB 919) that enacted several changes regarding intoxicating liquor.

These changes appear to further reduce the restrictions for manufacturing and selling liquor in Missouri (i.e. microbreweries can now sell all kinds of intoxicating liquor and consumption may occur on the premises of the microbrewery or in close proximity to it; the law adds non-driver’s licenses to the list of types of identification that may be used as proof of age to purchase liquor; and an out-of-state manufacturer who is not licensed in Missouri may receive a special permit to participate in festivals, bazaars and other events). The purpose of this article is to provide a summary of the most frequently asked questions regarding the governing body’s ability to regulate alcoholic beverages, Sections 311.010 et seq., RSMo, (Liquor Control Laws).

12 /September 2016

"The most significant change that SB 919 made as it relates to local government, is that the Division of Alcohol and Tobacco Control (Liquor Control) may not disapprove an application for a liquor license for failing to possess a local liquor license. 7"

Is The City Required To Issue A Liquor License?

One of the most common questions asked is whether a governing body can deny issuing a liquor license for no other apparent reason other than the city does not want businesses that sell liquor. The short answer is “no.” In general, an ordinance may not prohibit what the statute permits or permit what The Missouri Municipal Review

the statute prohibits. 4 Missouri has enacted the Liquor Control Laws that regulate the sale and distribution of alcohol “in order to promote responsible consumption, combat illegal underage drinking, and achieve other important state policy goals such as maintaining an orderly marketplace composed of state-licensed alcohol producers, importers, distributions and retailers.” 5 However, a city may fix standards to be met before issuing a liquor license so long as the ordinance does not conflict with the Liquor Control Laws.6 In summary, a city cannot prohibit businesses that sell liquor; but, a city can require that the business obtain a local liquor license in addition to a state liquor license.

However, a city’s ability to regulate the selling of intoxicating liquor within the city may have been complicated with the adoption of SB 919, signed into law on July 1, 2016.

The most significant change that SB 919 made as it relates to local government, is that the Division of Alcohol and Tobacco Control (Liquor Control) may not disapprove an application for a liquor license for failing to possess a local liquor license.7 In the past, Liquor Control would not issue a state liquor license to a business that did not first have a local liquor license. This gave cities some leverage over businesses to comply with the local licensing requirements because if the city did not issue a local liquor license, then the business would not be able to www.mocities.com

get a state liquor license either. That is about to change! Now, businesses will be able to get a state liquor license without first having to obtain a local liquor license. Cities will need to be prepared for situations in which a business already has a state liquor license but needs the local license to sell intoxicating liquor. What happens if the city denies the application? Is the city now prohibiting what the state allows?

In most cases, this probably will not be an issue, but it is something to consider if your city denies a liquor license to a business that already has its state liquor license.

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What Are The Qualifications For Someone To Obtain A Liquor License?

In general, under the Liquor Control Law, the person granted the license must be of “good moral character” and a “qualified voter and a taxpaying citizen of the county, town, city or village.”8 A person is defined as any “individual, association, joint stock company, syndicate, copartnership, corporation, receiver, trustee, conservator, or other officer appointed by any state or federal court.” 9 What happens if a corporation or partnership is applying for the liquor license? The managing officer of the corporation or partner of the partnership must be of “good moral character and a qualified legal voter and taxpaying citizen of the county, town, city or village.” 10 Liquor Control is charged with promulgating rules to enforce the provisions of qualifications. 11 If someone has been convicted of a crime, it does not mean they have bad moral character and are therefore prohibited from obtaining a liquor license. Further, what if the individual lives in the county, but outside city limits? Is a city required to grant the license if all other conditions have been met? The court in the State ex rel. Klein v. Balsiger reasoned that if the legislature had intended that the only qualification be that the individual live in the county, then there would be no need to add “town, city or village” to the statute. 12

What Are The Rules For Selling Alcohol Near Schools And Churches? How Is The Distance Measured?

In summary, no license shall be granted for the sale of liquor within 100 feet of any school or church unless the applicant obtains consent in writing

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from the governing body. 13 Further, the governing body may by ordinance prohibit the granting of a liquor license for the sale of intoxicating liquor within a distance of up to 300 feet of any school or church. 14 However, if a school or church locates within 100 feet of a business that has a valid license to sell intoxicating liquor, said business’s license shall not be denied renewal simply because the business is now within 100 feet of a school or church.15 In regards to how to measure the distance between the business that is selling alcohol and a church or school depends in part on how the city’s ordinance is written. If the ordinance is general, i.e. no liquor license shall be granted for the sale of intoxicating liquor within 300 feet of any school or church, then the court will look at how the applicant described the premises for which intoxicating liquor may be sold.

For example, in State ex rel. Casey’s General Stores, Inc. v. Kissinger, a portion of Casey’s store and property were located within 300 feet of a church that was not allowed under the City’s ordinance.16 Casey’s application sought a license to sell liquor that encompassed its entire property, including the parking lot. 17 Although Casey’s tried to argue that the distance should be measured from portal-to-portal, the City’s ordinance was not specific as to how the distance is measured, only that

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no alcohol shall be sold within 300 feet of a school or church.18 Further, based on Casey’s description of the premises, alcohol could be sold anywhere on the property, even those portions of the property that were within 300 feet of the church.19

When Can A Business Begin Selling Alcohol On Sundays?

According to Liquor Control, Missouri has allowed some form of selling alcohol on Sundays since 1971.20 In 2003, there was a big push in the legislature to allow for the sale of alcohol on Sundays even earlier because of various sporting events, etc.21 SB 919 did not make any additional changes to the sale of liquor on Sundays. In general, the sale of liquor by the drink is permitted on Sundays in St. Louis and Kansas City from 9 a.m. until midnight. 22 The Liquor Control Law also allows any other establishments (other than an establishment that may apply for a license in St. Louis or Kansas City) to sell intoxicating liquor on Sundays provided the person applying for a Sunday license possess the qualifications to sell liquor at retail (i.e. good moral character, qualified legal voter and tax paying citizen of the city, etc.)23 If so, then the business can sell on Sundays from 9 a.m. until midnight. (continued next page)

September 2016 / 13

How Much Can A City Charge For A License?

The Liquor Control Law gives a city the authority to regulate and control the sale of intoxicating liquor within its boundary. 24 Further, cities can fix the amount to charge for licenses issued to manufacturers, distillers, brewers, wholesalers and retailers of all intoxicating liquor; however, the license fee cannot exceed one and one-half times the amount required to be paid for the state liquor license permit.25 Jennifer Baird is an attorney with the law firm of Lauber Municipal Law, LLC and practices in the areas of general municipal law, land use planning and zoning, public facility/ infrastructure construction and financing, economic development law, public works contracts, annexation, and dangerous building and nuisance abatement law. Jennifer is the city attorney of four cities in the Kansas City metropolitan area and can be contacted at 816525-7881 or jbaird@laubermunicipal.com.

14 /September 2016

Endnotes: 1 M i s s o u r i W i n e a n d G r a p e Board, Explore Missouri Wine Country, (updated June 2016)<http://missouriwine. org/sites/default/files/Missouri%20 Wineries-%20Print%20All_6.28.2016. pdf>.

2 Brewers Association, Missouri Breweries, (visited July 29, 2016)<https:// www.brewersassociation.org/directories/ breweries/>.

3 William P. Ruger & Jason Sorens, Freedom in the 50 States – An Index of Personal and Economic Freedom, at 158-159, (Mercatus Center at George Mason Univ. 2013).

4 Crackerneck Country Club, Inc. v. City of Independence, 522 S.W.2d 50, 51 (Mo. App. W.D. 1974).

5 See § 311.015 RSMo Supp. 2015.

6 State el rel. Payton v. City of Riverside, 640 S.W.2d 137, 141 (Mo. App. W.D. 1982).

7 § 311.220, RSMo Supp. 2015.

8 § 311.060.1, RSMo Supp. 2015.

9 § 311.030, RSMo Supp. 2015

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2015

10 § 311.060.1, RSMo Supp. 2015 11 § 311.060.2(2), RSMo Supp.

12 State ex rel. Klein v. Balsiger, Mayor, et al., 151 S.W.2d 521, 523 (Mo. App. E.D. 1941) 13 § 311.080, RSMo Supp. 2015 14 Id. 15 Id. 16 State ex rel. Casey’s General Stores, Inc. v. Kissinger, 926 S.W.2d 191 (Mo. App. S.D. 1996).

17 Id. 18 Id. 19 Id. 20 D a v i d A . L i e b , M i s s o u r i Lawmakers Approve Earlier Sunday Alcohol Sales, Southeast Missourian, May 15, 2003<http://www.semissourian. com/story/109166.html>.

21 Id. 22 § 311.089, RSMo Supp. 2015.

23 §§ 311.293, 311.060, RSMo Supp. 2015.

24 § 311.220.2, RSMo Supp. 2015.

25 § 311.220.1, RSMo Supp. 2015.

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MAKING HOMES MORE ENERGY EFFICIENT

by John Harris

T

oday, Missouri homeowners who want to go solar, replace their heating and AC unit, or install new efficient windows and doors have to pay for the project up front, through a credit card, or take out a loan. But thanks to Property Assessed Clean Energy (PACE), this is about to change. This change is bringing benefits to municipalities in addition to homeowners.

Cities and counties now have the opportunity to join Missouri Clean Energy District (MCED) – a statewide political subdivision, and enable residents to finance 100 percent of their efficiency-related repairs and upgrades through their PACE Program called HERO. HERO financing, made available through a partnership with Renovate America, provides new options for homeowners to make energy-efficient improvements, and to spread out payments over time through an assessment that is added to their property tax bill. HERO financing payments may have tax benefits, and many homeowners see immediate savings on utility bills by investing in efficient upgrades.

Jackson County recently joined MCED so HERO could be offered to its residents in the fall of 2016.

Counties and municipalities benefit from this partnership in numerous ways, including growing the local economy, increasing tax

revenues, improving the housing stock, and contributing to local and statewide energy plans – all at no cost to local government.

PACE programs, like HERO, offer various advantages over other sources of home improvement financing.

PACE finances 100 percent of the improvement, requiring no upfront cash outlay. Approval is based primarily on home equity and debt payment history, rather than on the owner’s consumer credit. The financing term is based on the useful life of the product, up to 20 years, spreading costs out over time. PACE keeps other existing credit sources available to help meet goals and emergencies. In addition, because the financing is in the form of a property tax assessment, the balance may transfer to a new owner if the property is sold.

By boosting home renovation activity, HERO increases demand for local contractor services. Renovate America’s five-year projections

MIRMA

Missouri Intergovernmental Risk Management Association Phone: 573.817.2554 Web: www.mirma.org

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BENEFITS:

anticipate a statewide program could create more than 6,000 local jobs in Missouri, while providing an economic stimulus of $1 billion to participating communities. This increased economic activity also increases local tax revenues.

Many contractors in California, where Renovate America has been operating HERO for the last four and one-half years, have seen their businesses grow substantially by offering this financing to their customers. This is because more homeowners are able to access financing for energy-efficient upgrades and clean-energy installations and customers can afford larger projects that carry a higher up-front price tag but that save them more money in the long run by lowering their energy bills.

Bringing HERO into a community improves the housing stock and may increase property values. A recent study conducted by nationally-recognized housing economist Laurie Goodman showed that on average, homes with HERO improvements sell at a price premium that can range from $199 to more than $8,800. That means efficiency projects recover and often exceed the investment, compared to recent studies showing popular kitchen and bathroom remodels recover only 58 percent to 66 percent of their costs.

Other recent studies demonstrate that energy efficiency improvements raise home values. (continued next page)

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The MCED/HERO partnership works in direct support of Missouri’s Comprehensive State Energy Plan (CSEP). Issued in October of last year, the CSEP lists the PACE model as one of its key strategies for improving “Efficiency of Use.” The CSEP Executive Summary states that “Missouri’s PACE Program offers a simple and effective way to finance energy efficiency, renewable energy – upgrades to both residential and non-residential buildings by eliminating cost barriers for property owners.”

The consumer protections offered

by HERO are one main reason that both municipalities and contractors choose to align themselves with this program. Because they operate as municipal partners, PACE programs like HERO, include consumer protection requirements that are not found in other payment options like credit cards or home equity loans. And HERO has a proven track record of offering the best consumer protections in the home improvement industry. For example, the HERO Program will only pay a contractor after the homeowner signs off that the job has been completed to their satisfaction. Contractors must be in good standing with the HERO Program; all required permits must be submitted; and homeowners must use products certified as efficient by the U.S. Department of Energy or by the Environmental Protection Agency.

HERO also offers comprehensive protections for homeowners such as disclosures modeled after the federal Consumer Financial Protection Bureau’s “know before you owe” form; prudent underwriting standards; confirmation of terms; and extra care for seniors to help ensure they understand the terms of the program.

MCED provides a simple series of action steps for a municipality to become a member. There is no cost and no liability to the municipality. All legal work is provided by the District counsel and specimen ordinances or resolutions authorizing membership in the District are provided upon request at no cost.

Because the financing is in the form of a property tax assessment, municipalities provide oversight to the program.

However, all funding comes from private investment. No public funds are used. For more information about joining MCED, visit www.mced.mo.gov. John Harris the Director of Finance for the Missouri Clean Energy District.

16 /September 2016

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W

h i l e community that may not have speaking at been collaborating in the past the annual to work together towards a Missouri Community common goal proved to be a Betterment (MCB) tremendous initial benefit to Conference in Oct. 2013, the process.

Mike Downing, director of Visits begin with a the Missouri Department familiarization bus tour of of Economic Development the community to provide a (MoDED), offered to visual for the discussions that organize a team of will take place throughout the resource providers to visit, day. To better understand the assess and provide written community and the struggles recommendations and they are facing, local groups resource opportunities to also make presentations to the the first five communities assessment team, providing an that sent him an email overview of community needs, expressing an interest. issues, barriers to growth, as Before Downing could well as any actions taken to even walk off the stage, he address these issues. These received emails from six local groups include local rural MCB communities government officials (city/ eager to participate! Due to More than a dozen rural communities across Missouri have county), chambers of commerce those initial emails being offered a warm welcome to the Missouri Department of and business organizations, received in a near tie, Economic Development, Missouri Community Betterment and education providers, business all six communities were partnering agencies for Feels Like Home Tours. leaders and local youth groups. selected to participate The goal is for the assessment in the first year of what team to have a clear impression would become known as the Missouri visits have allowed the assessment of the needs within the community so F e e l s L i k e H o m e T o u r ( F L H T ) , a team to see and hear first-hand some that they can utilize their expertise and partnership between the MoDED and of the roadblocks, struggles and needs resources to assist the community in MCB. of rural communities, and utilize that overcoming some of these obstacles.

When it came time to organize the information to help develop new and Once the issues and needs are â&#x20AC;&#x153;travel teamâ&#x20AC;? of partner organizations, innovative approaches for assisting described in detail, the assessment team the list of those willing and eager to help them. provides an abbreviated summary of included: USDA Rural Development, MCB Communities interested in initial thoughts and recommendations.

MU Extension, Missouri Division of participating in a FLHT were asked to Later, a final written summary of Tourism, Missouri Municipal League, complete a short application where they recommendations is provided back local Workforce Investment Boards, identified key issues to discuss and any to the community that includes an M i s s o u r i D e p a r t m e n t o f N a t u r a l actions taken regarding these issues. overview of the needs discussed, links Resources, Council of Governments, Once notified of acceptance into the to available resources, direct contacts utility providers and many more. program, the community point person for specific program information and Over the three years this program was then tasked locally with organizing r e c o m m e n d a t i o n s f o r c o m m u n i t y has run, a consistent comment from i n d i v i d u a l s a n d o r g a n i z a t i o n s t o s t r a t e g i e s b a s e d o n s u c c e s s f u l all partner agencies has been the provide a detailed summary of the strategies/initiatives currently utilized benefit of having a better, clearer identified issues and current strategies. in other communities faced with similar understanding of the prominent issues This practice of bringing together challenges. facing our rural communities. These i n d i v i d u a l s a n d g r o u p s w i t h i n a 18 /September 2016

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Of the 16 communities that have participated in the FLHT, the most evident and common trait seen throughout these communities is the abundance of community pride. These communities have struggles, many have seen a decline in jobs, revenue and population, but they have not given up. Instead, they are rolling up their sleeves and getting to work – they are demonstrating a can-do attitude!

This drive and determination, that has historically defined rural citizens and communities, is vital to their own sustainability and growth. Economies across the country have changed and will continue to change. Those regions and communities that are succeeding are the ones that continue to evolve.

The days of low-skilled manufacturing companies locating new facilities across rural landscape have slowed to a near stop. An evolving agriculture industry has seen its share of ups and downs, but continues to remain a key industry in rural America. So, what does a rural community do in today’s global environment? They must instigate and implement change.

At their core, rural communities tend to struggle with many of the same issues, yet there is not a onesize-fits-all answer. Communities must look at both their local and regional assets to understand where potential opportunities may exist. Factors such as geographic location, existing industries, population, broadband capacity, educational institutions, workforce skill levels, natural amenities, and proximity to all those listed, help shape a community’s identity and provide the building blocks for long-term sustainability and growth.

MoDED continues to engage with rural communities across the state and work with the many fantastic resource providers to make sure we are all deploying the tools necessary to help communities help themselves. The city of Pleasant Hill responded to their 2015 Feels Like Home Tour assessment with these words: “Since the event, we have made substantial progress following up on a number of the recommendations.

For example, working in partnership with two of the Team members, we are actively pursuing certified site status for our industrial site that was one of the key recommendations contained in the final report. Meanwhile, the downtown marketing and promotions committee are developing an ad campaign using www.mocities.com

some of the resources provided by team members from the MO Division of Tourism. These two examples serve to illustrate that we not only received specific and practical recommendations from this process, but also valuable contacts with potential partners serving on the tour team. If called upon to describe the benefits to Pleasant Hill from our participation in the Feels Like

Home Tour, one might expect a list of the many valuable recommendations made by the team in the final report. However, the community would have benefited greatly from the process even if there hadn’t been a final report at the end.” Learn more about how the Missouri Department of Economic Development can assist cities at www.ded.mo.gov.

(left) Community partners come together in West Plains to discuss key economic development issues at its Feels Like Home Tour. (below) Community leaders at the Salem Feels Like Home Tour discussed how to make the most of nearby tourist traffic at the new Echo Bluff State Park, which opened July 30, 2016.

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September 2016 / 19

Division of energy

Division of Workforce Development

DED MISSOURI

The Missouri Department of Economic Development (DED) is divided into four development related divisions: Business and Community Services, Division of Energy, Division of Workforce Development and Division of Tourism. The department also includes several councils and commissions that contribute to the objectives of economic development including: Missouri Technology Corporation, Office of the Public Counsel, Public Service Commission, Missouri Arts Council, Missouri Housing Development Commission, Missouri Development Finance Board, Missouri Women's Council, Missouri Military Preparedness and Enhancement Commission, Small Business Regulatory Fairness Board, and Missouri Film Office.

Division of tourism

Business & Community Services (BCS)

Existing Business Retention and Expansion, and Community Development BCS serves as a partner in the economic development professional community to facilitate the expansion of existing business in the state; to facilitate the location of new business to the State; and to facilitate the startup of new business in the state. The division also serves as a partner with local governments, non-profits, community organizations, and private citizens to help develop and grow Missouriâ&#x20AC;&#x2122;s communities. The services provided by BCS include professional technical assistance and project management; training; research; financial assistance; and program compliance. DED contracts with the Missouri Partnership to promote Missouri to out-of-state businesses.

Business programs

Community programs

Historic Preservation Missouri Works Community Development Block Grants (CDBG)

- Industrial Infrastructure Grant

Industrial Development Bonds

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*

moST popular programs

More business & community assistance programs are available.

Visit ded.mo.gov for more information. *as determined by number of inquiries to the Missouri Municipal League.

Community Development Block Grants (CDBG) Community Facilities Water/Wastewater Grant

Brownfield Redevelopment Program

Chapter 100 Guidance for Local Governments

DED101BCS_0116

20 /September 2016

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News From The Bench

by Ken Heinz

SUNSHINE LAW CHANGES

S

everal changes have occurred with respect to the Missouri S u n sh i n e L aw. Som e of the changes are legislative and some judicial. Senate Bills 732 and 765 made significant changes with regard to mobile video recordings and crime scene photographs. This has always been a difficult subject to handle.

Obviously, the press is often interested in video recordings. The new statute directs that a mobile video recording that is recorded in a non-public location is a closed record. There are some exceptions. Anyone whose voice is on the recording or parents or family members or attorneys may obtain a complete copy of the recording once the investigation becomes inactive.

The changes with regard to crime scene photographs and video recordings provide that such recordings which depict a deceased person in a state of dismemberment, decapitation or mutilation or where a deceased person’s genitalia are exposed are considered closed records unless otherwise ordered by the court. This section shall not prohibit disclosure to the deceased’s next of kin.

There have also been interpretations based on court opinions.

In the case of Laut v. City of Arnold, No. SC95307, filed June 28, 2016 (Mo. banc. 2016), the Supreme Court of Missouri clarified whether a party is entitled to a civil penalty or attorney’s

fees under Section 610.027 RSMo for a knowing or purposeful violation of the Sunshine Law. The Supreme Court of Missouri split on this issue.

This case has been a long running dispute over certain employees who had allegedly improperly accessed REJIS records. The requestors brought suit alleging that the City had purposely violated the Sunshine Law by failing to provide records responsive to requests for information concerning the city employees’ use of the law enforcement database and disciplinary actions. The case was first appealed in Laut v. City of Arnold, 417 S.W.3d 315 (Mo. App. E.D. 2013). In that case, the Court of Appeals reversed the trial court and remanded the case for the trial court to conduct an in camera review of internal affairs reports and other documents. Upon remand, the trial court held a hearing and found that with the exception of the internal affairs reports, all of the other records were personnel records exempt from disclosure. The trial court denied the plaintiff’s request for a civil penalty and attorney’s fees. The majority decision of the Supreme Court held that the city did not knowingly or purposefully violate the Sunshine Law. The Court said “being wrong is not the same as knowing one is violating the law or acting purposefully to violate the law.” The dissent engaged in a rather thorough analysis of the word purposeful. The dissent concluded that

the majority was improperly giving a definition to the word “knowingly” as a functional equivalent of “purposely.”

In another decision from the Western District of the Court of Appeals, the Court examined a lawsuit against the Missouri Senate for passage of a rule that prohibited the plaintiff from filming meetings of the Senate Committes. The Court pointed out that the Sunshine Law authorizes a governmental body to establish guidelines regarding the manner in which recording is conducted so as to minimize disruption to the meeting.

The Senate lawfully did that by having the Senate communications department record committee meetings and make those recordings available to the public.

Progress Missouri, Inc. v. Missouri Senate, filed June 28, 2016 W.D.79459 (Mo. App. W.D. 2016).

It is important to stay current on the Sunshine Law as amended by the Legislature and as interpreted by the Courts. Kenneth J. Heinz is a Principal with Curtis, Heinz, Garrett & O'Keefe, P.C. He serves as general counsel for several communities.

Heinz has been active as special counsel to many municipalities in Missouri and Illinois on municipal issues. He has delivered seminars to many public and private groups at the local and state level on municipal issues, such as municipal contracts, zoning and sunshine law. Contact the firm at 314-725-8788 or www.chgolaw.com.

LET THE SUNSHINE IN! NEW Online Training Class Missouri Open Meetings and Records Law Understanding the Missouri Sunshine Law is vital to serving effectively as a local government official. Custom made for MML, this class answers your questions:

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September 2016 / 21

frequently asked questions - Top Ten Myths Each workday your Missouri Municipal League staff answers dozens of questions on municipal issues.

This column discusses some of the most common questions League staff receives. The FAQ’s column in this issue of the Review takes a look at the top 10 commonly misunderstood issues and topics often posed to League staff. 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.

Myth #10 –If You Miss Three Meetings In A Row You Lose Your Position.

Not necessarily. There is no state statute that specifically provides that someone who misses three meetings (or any number of meeting for that matter) forfeits their position.

However, many municipalities have adopted a local policy that requires councilmember attendance at council meetings and further provides that missing a set number of meetings without a valid excuse may be grounds for beginning impeachment proceedings. Cities without such a policy in place may contact the League for a sample policy.

Myth #9 – A Citizen Petition Can Change City Ordinances.

Depends on the classification of the city. In most Missouri municipalities (specifically villages, 4th class cities and 3rd class non-manager form) there are no provisions in the state statute for initiatives or referendums. Citizens certainly may present their petitions or grievances to the local governing body and the governing body may decide on the merits of the request. However, in most cases the governing body is not required (or authorized) to place the issue on the ballot. The exception to this is found in 3rd class cities with the city manager form of government as well as many home rule charter cities. In 3rd class city manager cities state law (78.573 RSMo.) does provide a process whereby citizens can bring ordinance changes to the ballot. In addition, many home rule charters have similar provisions in the city charter.

Myth #8 –The Sunshine Law Requires That The City Create A Report In Three Business Days.

The Missouri Open Meetings and Records act only applies to existing documents and files. While the law clearly requires that city hall make documents available to the public for inspection (unless the documents relate to a topic that the law specifically provides is closable– such as personnel), the Missouri Open Meetings and Records Act does not require that the city create new documents or reports to satisfy a request.

Myth #7 – A Public Hearing Is Required Prior To The Adoption Of The Municipal Budget.

No. State law does not specifically require a public hearing prior to adopting the annual budget. The practice of holding a hearing dates back to the days of federal revenue

22 /September 2016

sharing when the hearings where required as a condition.

Holding a public hearing prior to adopting the budget may be a good practice, but it is not specifically required by state law.

Myth #6 - City Staff Must Comply With Any Directives From Councilmembers.

The power of aldermen and councilmembers to shape municipal policy and regulations comes from holding a seat as a member of the city’s legislative body. Collectively the city council sets policy, pass municipal laws, and can direct the activities of the executive branch of the municipal government. Individual councilmembers have the power to vote on board issues, as well as make motions, introduce legislation, ask questions and speak their mind on municipal issues. However, when solely acting on their own, aldermen or councilmembers have no authority to direct city staff.

Many cities may have a policy that individual concerns from aldermen or councilmembers be channeled through the city administrator’s office or the mayor. Such policies save city staff from being placed in the difficult position of having one councilmember issue a directive in one direction, while another councilmember suggests another.

Myth #5 – Family Members Cannot Serve On The Board Together – That Would Be Nepotism.

The Missouri Constitution provides that, “Any public officer or employee in this state who by virtue of his office or employment names or appoints to public office or employment any relative within the fourth degree, by consanguinity or affinity, shall there by forfeit his office or employment.” This provision prohibits municipal officials from appointing their relatives to a position within the city government. It does not prohibit the voters from electing someone who may be a relative to someone who is already serving on the governing body or working for the city.

Myth #4 – The Prevailing Wage Is Only Triggered If The Project Is More Than $5,000 Or When The Project Involves State Or Federal Monies.

Wrong. There is no dollar minimum and in general the prevailing wage requirement applies to any new construction project, as well as most remodeling and repair projects. All Missouri municipalities starting a contracted construction project must get an Annual Wage Order from the Missouri Department of Labor. The Annual Wage Order lists the prevailing wage rates on public construction projects in each county. The rates must be incorporated into the bid specifications for the job. After awarding the contract, the city must submit a project notification form (PW-2) to the Division of Labor Standards. During the course of the project, the city must review all payroll records to ensure Prevailing Wage Law requirements are being met. At the completion of a project, the city must acquire a completed Affidavit of Compliance form from the contractor(s) before making final payment and send a copy to the Division of Labor Standards.

Myth #3 – We Don’t Have To Pay Overtime To Salaried Employees.

Under the federal Fair Labor Standards Act, overtime

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pay (paid at one and half times the regular rate of pay) must be paid to the vast majority of employees for hours worked in excess of 40 hours in a work week. Some positions such as executive, professional or administrative may be exempt from overtime requirements if they are paid over $47,476 annually. However, simply paying an employee on a salary basis (even if they agree to it), does not exempt the employer from the requirement to pay overtime.

Myth #2 – The Mayor Of Our 4th Class City Just Resigned. So Our Mayor Pro Tem Becomes The Mayor, Right?

Following the April elections, 4th class cities typically elect one of the aldermen as Acting President of the Board (often called mayor pro tem, though this term more correctly applies to 3rd class cities). The alderman designated as Acting President has the powers and duties of the mayor when the mayor is absent. When the mayor is temporarily absent from the city, the acting president is authorized to perform mayoral functions. However, should a vacancy in the office of mayor occur, the person serving as Acting President does not automatically step into the Mayor’s position. Rather, the mayor’s office is considered vacant and the board of aldermen is authorized to appoint someone to the mayor’s seat. The person appointed to fill the mayor’s seat could be the acting president, another member of the

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board or any citizen who meets the requirements for office.

During the time period that the mayor’s seat is vacant, the acting president does have powers of the mayor; however, they should not be considered as mayor.

Myth #1 – We Have To Read Bills Three Times In Order To Pass An Ordinance.

False. Under the current law, villages, and 3rd and 4th class cities need only read a bill in full or by title twice. If the bill is read by title only, copies must be available to the public prior to the time the bill is under consideration. Both readings may occur on the same night.

@mocities www.facebook.com/mocities www.linkedin.com/company/mocities www.mocities.com (573) 635-9134

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September 2016 / 23

GETTING TO KNOW YOU:

Mayor Eileen Weir, City of Independence nonprofit boards and committees around the region which allowed me to develop relationships with the elected officials and city staff, as well as business and civic leaders. I had volunteered to work on some issues campaigns and candidate campaigns and gained knowledge about how to organize and execute a successful campaign. When my ity council district seat became open in 2012, I looked for a candidate to support.

When I couldn’t find one, I ran for the seat and won. Two years into my four year council district term, I ran for Mayor and was elected in April 2014.

What Has Been The Toughest Lesson You Have Learned During Your Career In Local Government?

Eileen Weir Mayor, City of Independence

What Sparked Your Interest In Local Government?

I had been actively involved in Independence since moving to town in 2000. I worked on some grassroots initiatives and served on numerous

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The pace of government is not like the private sector. I worked in the NFL for ten years and ran my own public relations consulting firm before being elected Mayor. I was used to a fast-paced environment and being the sole decision maker, which is not how it works in public service.

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In Your Opinion, What Are The Most Important Issues Facing Local Government In Missouri?

Traditional revenue sources are being eliminated making it very challeng ing t o fund t h e services citizens expect and deserve from their cities. City and county leaders need to recognize that dependence on traditional sources is not sustainable, and we need to change our thinking and policies to adapt to the changes in consumer and voter behavior.

What Is Your Most Important Goal This Year As You Serve With The MML Board Of Directors?

I want to understand how MML is perceived by its member cities and by those we are trying to influence including the legislature, executive branch, and businesses across the state.

I want to work to create and strengthen positive relationships.

What Advice Would You Offer To Someone Considering Service As A Local Government Official In Their Community?

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Dealing with the public’s money and representing the public’s interest requires time and patience.

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The Missouri Municipal Review

It is fun! Elected officials at the local, state and federal level complain too much about how hard and thankless the job is. That doesn’t inspire people to aspire to elected office. It is rewarding and enjoyable most of the time, and we need to celebrate the successes more than we do and stop adding to the general negativity about government.

How Would You Describe Your City To Someone Who Had Never Visited?

Independence is rich in history and has preserved a nostalgic feel around our historic town square. It is the hometown of President Harry Truman, the jumping-off point for the Santa Fe, Oregon, California, and www.mocities.com

Mormon pioneer trails, and the world headquarters of the Community of Christ church. Independence is also a premium trade area in Eastern Jackson County, offering a vast array of retail and entertainment options including the Silverstein Eye Centers Arena, home of the Missouri Mavericks hockey team and Missouri Comets soccer team; the Independence Center mall; and Bass Pro Shops. For outdoor enthusiasts, Independence has miles of hiking and biking trails, beautiful, well-maintained parks, the George Owens Nature Center and is within a short drive to Jackson County parks that offer boating, fishing, and other outdoor activities.

Martin Ghafoori | (314) 342-8467 | ghafoorim@stifel.com

What Are Your Interests Outside Of Local Government?

Brittany Pullen | (314) 342-2936 | pullenb@stifel.com

My profession is in communications and publicity, so I have a strong interest in using those skills in my role as Mayor to promote Independence, and I still assist several local organizations with public relations and fundraising efforts. My husband and I love the out of doors and spend a lot of time on the trail system around Jackson County and the Kansas City metro. I enjoy being productive, so I am always working to build relationships that benefit Independence whether Iâ&#x20AC;&#x2122;m in the office, out in the community or on vacation!

Experts in Municipal Bond Financing Carl Ramey | (314) 342-2242 | rameyc@stifel.com

501 North Broadway | St. Louis, Missouri 63102 Stifel, Nicolaus & Company, Incorporated | Member SIPC & NYSE | www.stifel.com/publicfinance

Where Would You Most Like To Travel, And Why?

My favorite trips have been to natural wonders like Yosemite, Yellowstone and the Canadian Rockies, and I love big cities like New York and Tokyo. Independence has a Japanese Sister City, and I am really hopeful I will get a chance to return to Japan and visit our sister city.ď ą

www.mocities.com

The Missouri Municipal Review

September 2016 / 25

WESTGATE CIVIC LEADERSHIP AWARDS July 2016| Blue Springs, Missouri

T

he West Gate Division of the Missouri Municipal League hosted its annual Civic Leadership Award Banquet at the organization’s July meeting. The banquet is an opportunity for West Gate communities to recognize the outstanding contributions of business and civic leaders in developing stronger cities. Each mayor selected an outstanding civic leader in his or her community. Each leader was presented with a certificate of appreciation.

Honorees were recognized from the following cities: Belton, Blue Springs, Creighton, Excelsior Springs, Gladstone, Grandview, Harrisonville, Houston Lake, Independence, Kansas City, Lake Lotawana, Lake Winnebago, Lee’s Summit, Liberty, Oak Grove, Parkville, Pleasant Valley, Raymore, Raytown, Richmond, Riverside, Smithville, Sugar Creek, Weston, and Wood Heights.

The West Gate Region of the Missouri Municipal League consists of those member municipalities in the five metropolitan counties of Jackson, Clay, Platte, Ray and Cass.

26 /September 2016

The Missouri Municipal Review

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The Missouri Municipal Review

September 2016 / 27

#CityHallSelfie Day! August 15, 2016 Aug. 15, 2016 was the first national #CityHallSelfie Day, sponsored by Engaging Local Government Leaders (ELGL). The online campaign provided a chance for communities around the country to engage citizens and staff with fun photos, spurring conversations regarding local government. ELGL awarded multiple cities for a variety of selfie accomplishments and Missouri was well-represented.

The city of Lee’s Summit won for “Most Historic #CityHallSelfie”, while Kansas City took honors for “Best #CityHallSelfie Lighting,” featuring Mayor James, and “Best #CityHallSelfie Wrap Up Video.”

The city of Raymore’s Meredith Hauck won “Most Selfies Taken by One Person”, with 13.

City of Washington

Missouri citiies around the state joined in on the fun.

Best Lighting award from ELGL: Kansas City, Missouri. KCMO also took top honors for a video recap.

City of Kirksville

City of Columbia Most Historic #CityHallSelfie: Lee's Summit

28 /September 2016

The Missouri Municipal Review

The City of Raymore was recognized for Meredith Hauck taking the most selfies, at 13.

www.mocities.com

AA marketplace andand services . . .. . . marketplaceforforproducts products services

professional directory

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Through Best-in-Class Codification Services

Toll Free: 855.GEN.CODE www.generalcode.com

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Governmental Services Financial audits Fraud and forensic accounting Employee benefits Budget assistance Auditing and assurance

Policies and procedures Internal control reviews CAFR consulting Interim support Monthly accounting

Chesterfield (636) 532-9525 Washington (636) 239-4785 www.hbclp.com

ENGINEERS / ARCHITECTS / PLANNERS Family-owned business celebrating 45 years of excellence

Members of: MML ACEC APWA MPRA MCCFOA

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Contact: Thomas P. Weis, P.E., President Email: tpw@weisdesigngroup.com Office: 636.207.0832 Fax: 636.207.0328 Visit our website at: www.weisdesigngroup.com St. Peters

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The guide to better place marketing results for no higher costs “I can’t remember ever thinking, ‘Hey, this guy really knows what he’s talking about’ until this.”

Ron Simoncini, President, Axiom Communications From International City/County Management Association icma.org (800) 745-8780 SERVING MISSOURI MUNICIPALITIES SINCE 1966.

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The Missouri Municipal Review

September 2016/ 29

Member News CERTIFIED MUNICIPAL CLERKS

Congratulations to the following Missouri City Clerks who have earned the prestigious Certified Municipal Clerk (CMC) designation from the International Institute of Municipal Clerks (IIMC). They are: Patty Smith, St. Peters; Kimberly Hubbard, Harrisonville; and Emery Ranson, Deputy City Clerk Maryland Heights!

To earn the CMC designation, a Municipal Clerk must attend extensive education programs. The designation also requires pertinent experience in a municipality.

MASTER MUNICIPAL CLERK

Congratulations to Owensville Deputy City Clerk Peggy Farrell, who has earned the prestigious Master Municipal Clerk (MMC) designation from the International Institute of Municipal Clerks (IIMC)! To qualify for entrance into the Master Municipal Clerk Academy (MMCA), which prepares participants for achieving the MMC status, one must have earned the Certified Municipal Clerk (CMC) designation. To earn the CMC designation, a municipal clerk must attend extensive education programs.

The designation also requires pertinent experience in a municipality.

MML Calendar Of Events September 14 15 25-28

Missouri General Assembly Veto Session Financial Disclosure Ordinance Deadline International City Managers Association Conference, Kansas City, Missouri

October 5-8

13-14

14 18-20

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National Recreation and Park Association Conference, St. Louis, Missouri Missouri Public Employer Labor Relations Association Annual Conference, Columbia, Missouri.

2016 Missouri GFOA Annual Conference, Columbia, Missouri 2016 Traffic Safety and Blueprint Conference, Columbia, Missouri MML West Gate Meeting MML Central Meeting

November 11 16-19 29-30

Economic Vitality=Results Workshop, Chillicothe, Missouri NLC City Summit, Pittsburgh, Pennsylvania 59th Annual Missouri S&T Asphalt Conference, Rolla, Missouri

For more events, visit the events calendar at www.mocities.com.

MML Welcomes Event and Training Specialist Emily Koenigsfeld!

BEST PLACES TO RETIRE IN MISSOURI

Niche.com has released their 2016 list of Best places to Retire in Missouri.

Congratulations to the cities of Oakland, Pleasant Valley, Shrewsbury, T o wn a n d C o u n t ry, H iggins ville, Chesterfield, Warson Woods, Creve Coeur, Sappington and Concord!

@mocities www.facebook.com/mocities www.linkedin.com/company/mocities www.mocities.com (573) 635-9134

30 /September 2016

Emily Koenigsfeld MML Event and Training Specialist

The Missouri Municipal Review

MML is happy to welcome a new Event and Training Specialist to the team!

Emily Koenigsfeld began with MML in August.

She previously worked for the Missouri Association of Insurance Agents as the Education Director, where she planned the continuing education classes throughout the state. Emily worked with numerous hotels negotiating contracts, selecting food and beverage and administering while onsite. She planned the education calendar for the year, selected topic rotation and booked the speakers.

Emily grew up in Taos, Missouri, attending high school at Helias High School and college at Central Methodist University in Fayette. She was a member of the Lady Eagles softball team. She resides in Linn, Missouri, with her husband Brendan and three children: Justyce, Eli and Elyse.

Emily serves as a team capital for Angels of Hope relay for life team, sings in the churchâ&#x20AC;&#x2122;s contemporary choir and is co-owner of a small craft business called K&K Crafts.

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The Missouri Municipal Review

September 2016 / 31