July 2016 MML Review Magazine

Page 1

The Missouri Municipal


The Official Publication of The Missouri Municipal League

82nd Annual Conference Sept. 11-14, 2016 St. Louis | Missouri


July 2016

In This Issue: • Fair Labor Standards Act • MML 82nd Annual Conference Details • Tree City USA • Municipal Governance Institute

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

Registered Representatives

William T. Sullivan, Jr. Managing Director 631-806-9470 cell sullivanw@pfm.com

Maria Altomare Managing Director 1-800-891-7910 x5481 altomarem@pfm.com

Joseph Anderson Marketing Representative 1-800-891-7910 x5483 andersonj@pfm.com

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 63146 1-800-891-7910 P.O. Box 11760 • Harrisburg, PA 17108-1760 1-877-MY-MOSIP

2 /July 2016

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


The Missouri Municipal


July 2016

VOLUME 81, NO. 4

The Official Publication of The Missouri Municipal League



Mayor Randall Rhoads Lee's Summit


Fair Labor Standards Act: Final Rules Published by Karen Milner and Ivan Schraeder

Mayor Kathy Rose Riverside


Tree City USA: Taking Pride In A Greener Community by Holly Dentner

Immediate Past President Mayor Bill Kolas Higginsville


MML Legislative Recap by Richard Sheets

Vice President


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


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

MML 82nd Annual Conference Information • Keynote Address, Pre-Conference Workshop and Events • Registration Information • Tentative Agenda • Nominating Procedures and 2016 Resolutions Committee


The Grandest Station In The Nation: A Brief History of St. Louis Union Station


The Real Crisis and 8 Ways To Beat It by David Horsager

26/ Leading Change by Linda Goldstein 30/ Member Profile: An Interview With St. Peters' Alderman Terri Violet Regarding The Municipal Governance Institute

DEPARTMENTS 31/ FAQ: Municipal Governance Institute 36/

News From The Bench: Cities vs. Counties


MML Professional Directory

38/ Member News / MML Calendar of Events 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

July 2016 /3

Francis Slay Mayor, City of St. Louis

I look forward to welcoming you to the City of St. Louis for the 82nd Missouri Municipal League Annual Conference Sept.11-14. The MML Annual Conference has been bringing Missouri’s municipal officials together for more than 80 years. This year, the City of St. Louis is proud and honored to host the Conference at our historic

4 /July 2016

Union Station. Each year, the MML Annual Conference attracts local government officials from across the state to network and get up to speed on the most pressing issues facing Missouri cities. In addition to the latest news and trends for local government success, municipal leaders learn new ways to engage with their citizens and improve their communities. St. Louis Union Station is a stunning venue for this event. With roots as one of the largest and busiest passenger rail terminals in the world, it is currently undergoing a major transformation. Don’t miss the tremendous overhead light shows in the majestic Grand Hall, with its sweeping archways, mosaics and decorative glass. There is even more waiting outside the hotel, from world-class dining to our very own St. Louis Cardinals and nearby Ballpark Village. Find more Conference and venue details beginning on page 14 of this issue of the MML Review Magazine. We look forward to seeing you in September!

The Missouri Municipal Review

With roots as one of the largest and busiest passenger rail terminals in the world, St. Louis Union Station is currently undergoing a major transformation.




n July 6, 2015, the Department of Labor (DOL) published in the Federal Register proposed rules revising certain provisions of the Fair Labor Standards Act (FLSA). The primary change to the regulations was an increase in the weekly salary requirement for employees paid on a salaried basis to qualify under the professional, administrative, executive, or computer employee exemptions. E m p l oy e e s w h o q ualify for t h es e exemptions are paid a set weekly salary and are not eligible for overtime pay, regardless of the number of hours worked. The final regulations were published in the Federal Register on May 23, 2016, and take effect Dec. 1, 2016. Previously, in order to qualify for one of the exemptions listed above, an employee needed to have job duties that met the requirements for the particular exemption under which the employee fell. The “duties” tests for each of the exemptions have not been modified in the final rule. For the time being, the duties tests remain the same. The primary change is the increase in weekly salary. Since 2004, in addition to having the employee’s job duties fall under one of the exemptions, the exempt employee’s weekly salary rate needed to be a minimum of $455.00 per week ($23,660 annually). The final regulations change this weekly salary amount to $913.00 per week ($47,476 annually). This number represents the salary level at the 40th percentile of earnings for full-time salaried workers in the lowestwage Census region, and is less than originally anticipated in the proposed regulations. The final rules also provide an automatic increase to update the required annual salary requirements for these exemptions every three (3) years, with the first increase to be effective Jan. 1, 2020. The final rule also allows employers to use non-discretionary www.mocities.com

bonuses and incentive payments, such as non-discretionary bonuses tied to productivity and profitability, to satisfy up to 10 percent of the salary requirement. However, it is critical to note that, to be counted toward the required salary amount, these payments must be made on a quarterly or more frequent basis, and the regulations permit the employer to make a “catchup” payment. Even though some employers may make very substantial bonus payments, the maximum that can count toward the salary requirement is the 10 percent cap. Finally, the “highly compensated employee” (HCE) salary requirement has been increased from an annual salary of $100,000 to $134,004. A HCE is an employee whose primary duty includes performing office or nonmanual work and who customarily and regularly performs at least one of the exempt duties of an exempt executive, administrative, or professional employee. While the annual salary requirement for computer employees paid on a salaried basis has increased to $913.00 per week, the overtime pay exemption for computer employees paid on an hourly basis of at least $27.63, has not changed. Employees falling under the computer employee exemption, who are paid at least this hourly rate, may continue to be paid in this manner with no overtime pay requirement. The U.S. Department of Labor’s website contains a fact sheet that is specific to state and local governments that may provide additional useful information for governmental entities and issues specific to them, such as the continued availability of compensatory time in lieu of overtime for nonexempt employees. The fact sheet also discusses options for complying with the new regulations. With these new regulations finalized, it is important for Missouri public employers to prepare for The Missouri Municipal Review

the consequences of the increased minimum salary provisions so as to avoid penalties. Municipalities need to conduct an audit review of their currently exempt positions and employees to determine if the new salary requirements change the employees from exempt to a nonexempt status subject to the payment of overtime. Such review may also require changes in the public employer’s time keeping activities to insure that employees who are no longer exempt from overtime receive the proper overtime pay or compensatory time. Budgetary considerations may also need to be made to accommodate the upcoming changes. There is time to adjust to the changes before they are effective, but delay will only expose employers to potential significant liability. These regulations do not change the exemption from the FLSA for police departments that employ less than five (5) sworn employees. Failure to comply with the new regulations can result in penalties of double the value of unpaid overtime and also collection of attorney fees for prevailing employees. You may expect the Wage & Hour Administration to be vigilant in its oversight of the new overtime regulations. The Missouri Municipal League will be providing programs on the Fair Labor Standards Act. Be sure to watch for the scheduling and locations of the programs. Karen Milner and Ivan Schraeder are with Lowenbaum Law, a labor and employment law firm providing services for municipalities and other local governments of all types. Learn more at www.lowenbaumlaw.com.

July 2016 / 5



erhaps you’ve n o t i c e d Tree City USA signs along the highway or as you pass through a neighboring community. Eighty-five Missouri towns and cities have installed these signs because they earned Tree City USA recognition and take pride in that distinction. More importantly, the people who live in those communities enjoy the real and tangible benefits of having a greener, healthier community. Tree City USA is a national recognition program sponsored by the Arbor Day Foundation, in partnership with the U.S. Forest Service, the National Association of State Foresters, and state forest agencies such as the Missouri Department of Conservation (MDC). By meeting four fundamental standards, any incorporated municipality of any size can qualify for the program. Those four standards require each municipality to maintain a tree board or department, establish a tree care ordinance, develop a community forestry program with an annual budget of at least $2 per capita, and celebrate Arbor Day each year with a public observance and proclamation. In return, communities reap the benefits of a healthy, sustainable canopy of trees. For the communities already a part of Tree City USA, 2016 marks a special reason to celebrate. This year, the national Tree City USA program is 40 years old. Communities across the country can take pride in four decades of an “urban forest.” 6 /July 2016

Only 16 cities nationwide have been in the program for the full 40 years, and none of them are in Missouri. However, the state has its fair share of communities with more than 30+ years of participation, including Des Peres, Ellisville, Fenton, Mexico, Springfield, St. Louis, University City and Webster Groves. In honor of the anniversary, and to shine the spotlight on this successful and important community program, the Missouri Department of Conservation (MDC) has joined in the The Missouri Municipal Review

celebration and encourages all 85 Missouri Tree City USA communities to do the same. Part of that celebration will include a special event at the Missouri Botanical Garden in St. Louis on Sept. 12. The event coincides with the Missouri Municipal League’s Annual Conference. Missouri’s current Tree City USA communities should watch for more information about the special celebration. To make sure the Tree City USA program continues strong well into the future, MDC has set a new goal to add 40 new communities to the program over the next five years. That means department foresters are ready to help any municipality interested in joining the program. MDC will have a Tree City USA booth to answer questions and fill in the details of the program at the Missouri Municipal League’s Conference in September. Applying for the Tree City USA program is simple and recognition is outstanding. There are thousands of communities across the country that proudly install roadside signs, fly the Tree City USA flag and renew their application each year. Learn more about Missouri’s Tree City USA program at the Missouri Department of Conservation’s website, http://short.mdc.mo.gov/ ZZh, or visit the national Tree City USA website at http://arborday.org/ treecityusa. Holly Dentner is the forestry field program supervisor for outreach and communications at the Missouri Department of Conservation. Holly supports all communication efforts from the forestry division at the department. She also manages the Trees Work campaign that helps to elevate public awareness and understanding of the importance of trees. Learn more at www. treeswork.org.


Ash Grove Augusta Ballwin Belton Branson Brentwood Brookfield Brunswick Cape Girardeau Carthage Centralia Chesterfield Chillicothe Clayton Clinton Columbia Crestwood Creve Coeur Cuba Dardenne Prairie Des Peres Dexter Ellisville Elsberry Eureka Exeter Fayette Fenton Florissant

Raymore Raytown Richmond Heights Rock Hill Sedalia Springfield St. James St. Joseph St. Louis St. Peters Sturgeon Sunset Hills Town & Country Trenton Twin Oaks Union University City Velda Village Hills Warrensburg Warrenton Warson Woods Washington Webster Groves Wentzville West Plains Wildwood Willard

Gladstone Glendale Grandview Greendale Hannibal Herculaneum Hermann Independence Jackson Jefferson City Joplin Kahoka Kansas City Kirksville Kirkwood Lake St. Louis Lee's Summit Liberty Maplewood Marshfield Maryland Heights Maryville Memphis Mountain View North Kansas City O'Fallon Ozark Parkville Peculiar



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

Missouri’s First Municipal Self Insurance Pool


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

The Missouri Municipal Review

Tree Line USA and Tree Campus USA The Tree City USA program also includes two other programs: Tree Line USA and Tree Campus USA. Tree Line USA recognizes best practices in the utility industry, while Tree Campus USA recognizes a commitment to trees at two- and four-year universities. Just like Tree City USA, each program has established standards for participation. In Missouri, there are 11 utilities and seven universities in the programs. Learn more at http://arborday.org/ treecityusa.


Workers’ Compensation Property General Liability Public Officials Liability Employment Practices Liability Law Enforcement Liability Automobile Boiler & Machinery Airport

July 2016 / 7

WHY YOUR CITY SHOULD BE A TREE CITY USA COMMUNITY Studies show that for every dollar invested, there is often a four or five dollar annual return in environmental services. Green infrastructure is the only part of a city’s infrastructure that appreciates in value over time. By becoming a Tree City USA, your community is ensuring that its trees will benefit your community in many ways, including: • Reduce costs for energy, stormwater management, and erosion control. Trees yield three to five times their cost in overall benefits to a city. • Cut energy consumption by up to 25 percent. Studies indicate that as few as three additional trees planted around each building in the U.S. could save $2 billion annually in energy costs. • Boost property values across your community. Properly placed trees can increase property values from 7-20 percent. Buildings in wooded areas rent more quickly and tenants stay longer. • Build stronger ties to your neighborhood and community. Trees and green spaces directly correlate to greater connections to neighbors. • Improve public health. Research has consistently shown the positive impact trees have on people, including worker satisfaction, students’ ability to concentrate, faster healing time for hospital patients, and lower blood pressure among senior citizens.

Bart is one of more than 300 Alliance employees who navigates to cleaner waters. He and his team provide operation and management expertise for their communities, resulting in: Assurance of licensed professionals on site

Experienced managers working for the board and their customers


Elimination of stresses associated with the day-to-day operations


Improved safety, less liability and guaranteed regulatory compliance

Learn more about our people, our company and the benefits we can bring to your community at AllianceWater.com

8 /July 2016

The Missouri Municipal Review


Bart Downing Division Manager





he Second Session of the 98th Missouri General Assembly adjourned on May 13, 2016. During the preceding four and a half months, MML staff has maintained a continual presence at the Missouri State Capitol, tracking more than 200 bills. League staff actively advocated in support or opposition to many of these legislative measures. League staff worked with legislators, state agency staff, Governor’s staff and industry representatives to seek the best legislative outcome for Missouri’s municipalities. MML’s top legislative proposal for the 2016 legislative session was to extend the reauthorization vote for the local sales tax on the titling of out-ofstate sales of motor vehicles. On May 4, the Governor signed into law HB 2140 that extends the re-authorization vote for the titling of out-of-state sales of motor vehicles for two more years (November 2018). The League was successful in fending off:

HB 1811 - DOGS

Prohibited municipalities from enacting breed-specific dog ordinances. (MML Opposed)

HB 1913 - PROPERTY TAX - Repealed

the statute allowing municipalities to adjust their property tax for inflation. (MML Opposed)


participating in any class action lawsuit to collect unpaid taxes. (Primarily supported by MO Cable Association and Charter) (MML Opposed)


Prohibited municipalities from offering broadband services. (MML Opposed)

HB 1970 - DELINQUENT UTILITY BILLS - Prohibited a municipality or

utility company from holding an owner of a premises liable for the occupant's delinquent utility payments. (MML Opposed)

HB 1993 - SUNSHINE LAW - Modified

provisions relating to the Missouri Sunshine Law. (MML Opposed)


Prohibited a municipality from

The Missouri Municipal Review

Two weeks before the end of the legislative session the telecommunication company Verizon persuaded the House Select Committee on General Laws’ Chairman, Rep. Caleb Jones, to place an amendment on SB 676. The amendment, the “Small Wireless Facilities Deployment Act,”would have further deteriorated a municipality’s ability to manage the public rights of way under their control. This harmful provision was removed from the bill with the help of the bill sponsor, Sen. David Sater. However, we fully expect that the “Small Wireless Facilities Deployment Act” will return next session with the strong support of the entire telecommunications industry.

Bills of Municipal Interest That Passed SB 572 – (MML Opposed) • M I N I M U M S T A N D A R D S FOR MUNICIPALITIES IN ST. LOUIS COUNTY - 67.287 Currently, every municipality located within St. Louis County must provide

July 2016 / 9

shall disincorporate the city upon an affirmative vote of a majority of those voting. Whenever the county governing body dissolves a city, the county governing body shall appoint a person to act as trustee for the corporation who shall take an oath and give bond with sufficient security. The trustee shall have certain powers as designated in the act, such as the power to prosecute and defend the corporation in a law suit, collect money due, and sell property. The act decreased the number of signatures required on a petition to disincorporate a fourth class city or a town or village from 50 percent to 25 percent of voters, and further decreases the voter approval percentage for disincorporation from 60 percent of those voting to a majority.

• MUNICIPAL COURTS - 479.350, 479.353, 479.359, 479.360, 479.368

certain municipal and financial services and reports. This act modifies the list of services that municipalities must offer. The annual audit by a certified public accountant of the municipality’s finances that includes a report on internal controls to prevent misuse of funds no longer has to be prepared by a qualified financial consultant.

identified in the notice. If the owner does not occupy the property, then the notice shall be given to any occupant. Any city may recover the costs for enforcing the nuisance abatement ordinance by including the fines in the annual real estate tax bill for the property. Any costs and fines not paid by Dec. 31 of that year will be considered delinquent.

Furthermore, a municipality only has to have an accredited police department by 2021 if the municipality has a police department or contracts with another police department for public safety services. Currently, each municipality also must have its construction code reviewed by 2018. However, under the act, a municipality is not required to adopt an updated construction code.


• N U I S A N C E A B A T E M E N T ORDINANCES - 67.398, 67.451

Currently, certain cities and counties may enact an ordinance to provide for abatement of nuisances, and the ordinance may provide that if the nuisance is not removed or abated then the building commissioner or designated officer may remove or abate the nuisance. This act provides that the ordinance must provide to the owner of the property a written notice which describes the condition of the lot, what action will remedy the nuisance, and provides not less than ten days to abate or commence removal of each condition 10 /July 2016

This act also specifies that the state is not liable for the debts of a municipality that is financially insolvent. (As a side note, our state constitution already contains this provision.)


The act prohibits a municipal judge from serving on more than five municipal courts.

• D I S I N C O R P O R A T I O N PROCEDURES - 77.700, 77.703, 77.706, 77.709, 77.712, 77.715, 79.490, 80.570, 82.133, 82.136, 82.139, 82.142, 82.145, 82.148

The act establishes disincorporation procedures for third class cities, charter cities, and home rule cities. Upon receiving a petition signed by 25 percent of the voters of the city, the county governing body shall order an election upon the question of disincorporation of the city. The county governing body

The Missouri Municipal Review

The act changes the definition of court costs to include any certified costs, but excludes fines added to the annual real estate tax bill or a special tax bill of a property owner for the cost of nuisance abatement and removal. The definition of minor traffic violation is modified to include traffic ordinance violations for which no points are assessed to a driver’s driving record and amended charges for any minor traffic violation and adds a definition for municipal ordinance violations. The maximum allowable fine for minor traffic violations has been lowered from $300 to $225. For municipal ordinance violations committed within a 12-month period beginning with the first violation: the maximum allowable fine is $200, $250 for the second offense, $350 for the third offense, and $450 for the fourth and subsequent offenses. No court costs shall be charged to defendants found to be indigent. Municipal courts are also required to not charge defendants for costs associated with community service alternatives. Municipal ordinance violations and amended charges for municipal ordinance violations are added to the calculation limiting the percentage of annual general operating revenue that can come from fines and court costs for minor violations and to provisions regarding fines, imprisonment, and court costs in municipal court cases. Municipal ordinance violations are also added to municipal disincorporation provisions if a municipality fails to www.mocities.com

remit excess annual general operating revenue to the Department of Revenue for the county school fund and the disincorporation threshold has been lowered from 60 percent to a majority of participating voters.


SB 588 - CRIMINAL RECORDS - Modifies the rules of expungement

of criminal records if such offense, violation, or infraction was prosecuted under the jurisdiction of a Missouri municipal, associate circuit, or circuit court.


provisions of law relating to the workers' compensation insurance premiums of volunteer fire departments.


Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive.

The choice of a lawyer is an important decision and should not be based solely on advertisements.

816-525-7881 www.laubermunicipallaw.com

Mobile video recordings from a law enforcement vehicle or a device carried by a law enforcement officer that includes a camera and recording capability are considered a closed record until the investigation becomes inactive.

for failing to possess a local liquor license. In addition, this act requires the licensee to file a copy of its local liquor license with the Division of Alcohol and Tobacco Control within ten days from the issuance of the local license.

The act further inserts new provisions to the Sunshine Law relating to crime scene photographs and video recordings.




SB 823 - (MML Opposed) • I N T E R N E T A C C E S S T A X EXEMPTION (Section 144.030)

• C R I M E S C E N E P H O T O S (SECTION 610.205)

This act authorizes Liberty and North Kansas City to impose a sales tax of up to .5 percent solely for the purpose of improving the public safety of the city subject to voter approval. Revenue from this tax may be used for expenditures on equipment, salaries and benefits, and facilities for police, fire, and emergency medical providers. SB 765 -

• TRAFFIC CITATION QUOTAS - 304.125 & 575.320

This act prohibits a political subdivision or law enforcement agency from having a policy requiring or encouraging an employee to issue a certain number of traffic citations on a quota basis.

• MOBILE VIDEO RECORDINGS - 610.100 www.mocities.com

Creates a sales tax exemption for parts of certain types of medical equipment.

Creates a state and local sales tax exemption for internet access or the use of internet access. Federal law also prohibits taxing access to the internet.

• B E D A N D B R E A K F A S T S (Section 137.016)

This act provides that property operated as a bed and breakfast with six or fewer rooms is classified as residential property for tax purposes so long as the owner also resides there.

SB 919 - (MML Opposed) LOCAL LIQUOR LICENSES - 311.220

Under this act, each liquor licensee must prominently display a copy of any city or county liquor license on the licensed premises. This act specifies that the Division of Alcohol and Tobacco Control may not disapprove an application for a liquor license The Missouri Municipal Review

Creates insurance coverage requirements between a transportation network company (TNC) and a TNC driver who uses a personal vehicle to transport passengers for the TNC beginning April 1, 2017. A TNC driver or the TNC company, on the driver’s behalf, is required to maintain primary automobile insurance coverage as specified in the act. The policy of insurance must recognize that the driver uses the vehicle to transport riders for compensation while logged onto the TNC’s digital network. The TNC is required to notify a TNC driver of the insurance coverage provided by the TNC and to also notify a driver that his or her own personal automobile insurance policy may not provide coverage while the driver uses a vehicle in connection with the service and that it may also violate the terms of his or her contract with a lienholder. Automobile insurers in Missouri may exclude or limit any and all insurance coverage provided to owners or operators of personal vehicles while logged into a TNC’s digital network

July 2016 / 11

HB 1443 - LAGERS - Allows political

subdivisions to assign operation of a retirement plan to the Missouri Local Government Employees’ Retirement System. (MML Supported)

HB 1561 - ST. LOUIS COUNTY SALES TAX - Requires that municipalities in

the St. Louis County sales tax pool receive at least 50 percent of the revenue generated inside a given municipality.

HB 1631 – ELECTION - Submits to the voters of the state a Missouri Constitutional amendment requiring voters to present photographic identification before being able to vote.


for the purpose of transporting persons or property for compensation. In a claims coverage investigation, TNCs and any insurer potentially providing coverage under the act shall cooperate to facilitate the exchange of relevant information with each other and any insurer of the TNC driver, if applicable.

SB 1002 - CIDs - Allows the

State Auditor to audit community improvement districts (MML Supported)

SB 1025 - SALES TAX - Under

current law, the definition of «sale at retail» for purposes of sales tax law includes charges and fees to or in places of recreation. This act provides that the definition does not include amounts paid for instructional classes.

HB 1418 - TDDs - This bill requires the Missouri State Auditor’s office to report any transportation development district (TDD) failing to submit its annual financial statement to the Department of Revenue (DOR). The DOR will notify the non-compliant district by certified mail it has 30 days from the postmarked date to submit the required statement to the State Auditor’s office. If the statement is not received the district will be fined $500 per day beginning on the 31st day from the postmarked date. Any transportation development district with gross revenues of less than $5,000 annually will not be subject to 12 /July 2016

the fine. Audits performed by the State Auditor’s office shall be paid by the TDD and the cost shall not exceed 3 percent of gross revenues of the district. Any costs exceeding that shall be absorbed by the State Auditor’s office. This bill also clarifies that gross revenue of a TDD is measured by the fiscal year, not annually.

HB 1434 - TIFs - Specifies that a recommendation of approval on a proposed redevelopment plan, project, designation, or amendment by a TIF commission in St. Charles, Jefferson, and St. Louis counties must only be deemed to occur if a majority of the commissioners voting vote for approval. A tied vote must be considered a recommendation in opposition. It requires the governing body of a municipality to submit a report of each redevelopment plan and redevelopment project in existence on December 31 of the preceding year to the Department of Revenue by November 15 each year and requires the Commissioner of Administration to publish the data in the reports on the Missouri Accountability Portal. Any municipality that does not comply with such reporting requirements within 60 days from the certified mail notification from the department will be prohibited from adopting any new tax increment financing plan for five years.

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Authorizes any political subdivision to use a design build contractor for waste water and water treatment projects. Allows a municipality to conduct an analysis, including feasibility and cost, of available options to meet the state discharge requirements. If upgrading or expanding the existing system is feasible, cost effective and will meet the discharge requirements, the department must allow the entity to implement the option. (MML Supported)

HB 1717 – Similar to HB 1713. HB 1870 - BUSINESS LICENSE TAXES (Section 94.360)

This bill provides that after May 1, 2016, a municipality shall not impose a business license tax on any business under more than one of the following Sections; 94.110, 94.270, or 94.360 pertaining to various different businesses. However, that restriction shall not apply to any tax levied by a fourth class city for a project from which bonds are outstanding as of May 1, 2005, or business license taxes imposed by the City of St. Louis or Kansas City.

HB 2376 - DESIGN BUILD - Authorized use of design build

contracts for municipal projects. (MML Supported) Find a list of bills of municipal interest that did not pass on the advocacy page of the League website at www.mocities.com. Although these legislative measure are “dead” for this year, we expect that many of these issues will reappear in the 2017 legislative session.



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July 2016 / 13

MML 82nd Annual Conference Sept. 11-14, 2016 | St. Louis Union Station MML Keynote Address: The Trust Edge

David Horsager

David Horsager, MA, CSP, is a business strategist, keynote speaker, founder of Trust Edge Leadership Institute and author of the National Bestseller, The Trust Edge: How Top Leaders Gain Faster Results, Deeper Relationships, and a Stronger Bottom Line. His work has been featured in prominent publications such as Fast Company, Forbes, The Huffington Post and The Wall Street Journal. David has delivered life-changing presentations on six continents, with audiences ranging everywhere from Wells Fargo and the New York Yankees to Goodyear and the Department of Homeland Security. Get free resources and more at www.DavidHorsager. com and www.TrustEdge.com. David will share the 8-Pillar Framework™ and actionable ideas for Missouri’s local leaders, showing attendees how to succeed in building stronger communities through trusted relationships.”

Pre-Conference Workshop: Leading Change Linda Goldstein has a unique combination of private sector and public service experience and skills. As a public official, Linda is known for her achievement of bold community initiatives. As a senior level organizational leader and small business owner, she has a more than 20-year track record of producing bottom line results.

Linda Goldstein

14 /July 2016

Linda served as an elected official in the City of Clayton for fourteen years, serving as Clayton’s first woman mayor from 2007- 2013. “Leading Change” will be an interactive workshop where participants learn best practices and strategies for conducting inclusive, productive dialogue for community change, social media and other non-traditional ways to increase citizen engagement.

The Missouri Municipal Review

Previous Attendee Comments ... "I love walking away with the feeling that I have learned something and can take that back to my city/community and share that info." "I liked the variety of breakout sessions." "Excellent speakers and topics. This is one of my favorite conferences because I always come away with new information to help our city." "As per all of previously attended conferences very positive experience and time well spent. I personally value the networking opportunities." "This year's conference was outstanding. I feel like the sessions are getting better each year that I attend. Thank you so much for everything you do for us MML!"


Don’t Miss These Events! Golf Tournament Join us for the MML Scholarship Golf Tournament on Sunday, Sept. 11. The tournament will be held at the Forest Park Golf Course in St. Louis, Missouri. Proceeds benefit the scholarship program established by the MML Board of Directors to assist those employed in municipal government with furthering their education. Separate registration is required. Learn more at www.mocities.com. Exhibit Hall More than 130 firms bring you the latest services tailored for local government success. Exhibits are open Sunday evening during the Grand Opening Reception, 6-7:30 p.m., and Monday, Sept. 12, 8 a.m. - 4:30 p.m. Monday Evening Networking Join fellow local officials in the majestic Grand Hall, 5:30-6:30 p.m., for networking. Enjoy the award-winning 3D mapping immersive experience, with incredible stories being told through sound, music and cutting edge 3D animation. The St. Louis Convention and Visitor's Commission will be on hand to assist you with the many local dining options and guest activities. A Tour of a Greener St. Louis Join other elected officials on Monday, Sept. 12, as they tour a greener side of St. Louis. This mobile workshop will showcase a number of environmental projects. You are invited to visit a rooftop solar panel project, a Leadership in Energy and Environmental Design (LEED) platinum building, a city garden and other environmental friendly advances. These projects will provide you with ideas that focus on sustainability and green MML Annual infrastructure for any size community. A bus will be provided, and there is some Conference Hashtag: walking involved. Cost: $15 #MML16AC


The Missouri Municipal Review

July 2016 / 15

MML 82nd Annual Conference Sept. 11-14, 2016 | St. Louis Union Station CONFERENCE REGISTRATION: All registrations must be made online, regardless of payment option. For those who need to pay by check, please select the “Bill Me” option for your payment method. Once you have completed the registration process, you will be prompted to view/print your registration confirmation; one for your records and one to submit with your payment. REGISTRATION FEES: All registration fees include (1) Monday Box lunch for attendees only. All other meals and events will need to be purchased at the time of registration. Registration does NOT include hotel costs/fees. • Early Bird Registration Fee: $300 per attendee. (Early Bird registration expires on Aug. 12, 2016.) • Registration Fee After Aug. 12, 2016: Registration fee is $325 per attendee. • Late Registration Fee After Aug. 30, 2016: Late registrations will be accepted until Sept. 2 The fee for late registration is $350. • Online Registration Deadline: September 2. • Non-member Registration Fee: $450 per attendee. (A non-member is anyone who attends the Conference who does not hold an active membership in the MML.) TICKET ADJUSTMENTS: Deadline to make any ticket adjustments to your registration is Aug. 29, and must be emailed to Lori Noe at Lnoe@mocities.com. NOTE: You cannot adjust a registration online after it has been submitted. FOOD ALLERGIES: Please contact Stuart Haynes at Shaynes@mocities.com with any food allergies or concerns. HOTEL RESERVATIONS: Attendees are responsible for their own hotel reservations/expenses. The MML room block is available for arriving on Saturday, Sept. 10 and departing on Wednesday, Sept. 14. Hotel Reservations should be made online at the DoubleTree, or call (800) 774-1500. Check-in: 4:00 p.m. Check-out: 11:00 a.m. Deadline for hotel reservations is Aug. 21. PARKING: Self parking: $25.00 per day (self parking is onsite); Valet: $35.00 (highly recommended) CANCELLATIONS: Cancellations must be received by email to Lori Noe at Lnoe@mocities.com or faxed to League headquarters at 573-635-9009 no later than to 5 p.m., Monday, Aug. 29, to be eligible for a full refund. A $40 cancellation fee will be charged on all cancellations received after Aug. 29. Officials who register for the Conference, who do not attend and do not cancel their registration will be billed for the full conference registration fee and any MML Annual ticketed items purchased during registration. Note: You will need to cancel your Conference Hashtag: own hotel reservations.


16 /July 2016

The Missouri Municipal Review


2016 Annual MML Scholarship Golf Tournament | Forest Park Golf Course St. Louis, Missouri Sunday, Sept. 11 | 9 a.m. Registration | 10:30 a.m. Shotgun Gold Level: $500 Hole Sponsor, (4) Golfers, (8) Drink Tickets, (4) 50/50 Tickets Silver Level: $400 Tournament Features: (4) Golfers, (8) Drink Tickets • 1st, 2nd, and 3rd place winners (cash) Bronze Level: $100 • Closest To The Pin on all par threes (1) Golfer, (2) Drink Tickets • Longest Drive - Men and Women • Boxed Lunch • Skins Game • (1) Prize Ticket

Register online at www.mocities.com by Sept. 1, 2016 or contact Tony Russo at (314) 435-3779 or trusso@trekkllc.com.


The Missouri Municipal Review

July 2016 / 17

MML 82nd Annual Conference Schedule At A Glance* SATURDAY, SEPTEMBER 10, 2016






TOPIC TBA (Sponsored by Missouri Park and Recreation Association)

9 a.m. – 4 p.m. CCFOA ADVANCED ACADEMY 11 a.m. MML 5th ANNUAL SCHOLARSHIP GOLF TOURNAMENT Join us for the MML Scholarship Golf Tournament on Sunday, Sept. 11. Proceeds benefit the scholarship program established by the MML Board of Directors to assist those employed in municipal government with furthering their education. Separate registration required. Four person scramble. Host: Tony Russo, Cochran Engineering

10 a.m. HOTEL TOUR – Conference guests and spouses have the opportunity for an insider tour of the historic Union Station Hotel and facilities. 10:15 - 10:45 a.m.

BREAK (Exhibit Hall)


Noon REGISTRATION 1–3 p.m. MML PRE-CONFERENCE WORKSHOP “Change Management and Citizen Engagement” (MGI*) – Cost $45. Session will provide two hours of elective credit in the Municipal Governance Institute (MGI*). 5 p.m.


5:30 p.m.


6-7:30 p.m.









8 a.m.



8 a.m.






8 a.m. MOBILE WORKSHOPS: A TOUR OF A GREENER ST. LOUIS Join other elected officials on Monday, Sept. 12, as they tour a greener side of St. Louis. This mobile workshop will showcase a number of environmental projects. $15. 9 a.m. CONCURRENT SESSIONS

2:20 - 2:30 p.m. BREAK

* Schedule is tentative and subject to change.

18 /July 2016

The Missouri Municipal Review







3:30 p.m. – 4:30 p.m. 5:30 p.m.

SNACK PARTY (Exhibit Hall)


TUESDAY, SEPTEMBER 13, 2016 7:30 a.m.


9 a.m.



TOPIC TBA (Sponsored by Missouri City/County Management Association)


3:20 -3:30 p.m. Break 3:30 p.m. ASK THE EXPERTS - Experts representing various organizations and municipalities will be available at tables for questions and discussion. Each table will feature a relevant topic for local government success. 4:45 p.m. 6 p.m.




• • • •



HONOR GUARD PLEDGE OF ALLEGIANCE “NATIONAL ANTHEM” “Welcome to St. Louis” Shane Cohn, Alderman, City of St. Louis

7:30 a.m.


Address: “THE TRUST EDGE” David Horsager

7:30 a.m.


“Invitation to Tan-Tar-A - 2017 MML Annual Conference”





Address by Sara Parker Pauley, Director, Missouri Department of Natural Resources •


10 a.m. CONFERENCE ADJOURNS *MGI - Stands for the Municipal Governance Institute. Sessions marked “MGI*” will provide the attendees who are enrolled in the Municipal Governance Institute with course credit towards obtaining designation as a Certified Municipal Official. MGI sessions are open to all conference attendees whether enrolled in the MGI program or not. Contact League staff for more information on the MGI program.

PRIORITY BASED BUDGETING (MGI*) (Sponsored by Government Finance Officers Association)

“...a great conference full of educational opportunities, as well as a venue to network with a multitude of other city officials and vendors.” www.mocities.com The Missouri Municipal Review ~2015 Conference Attendee

July 2016 / 19

MML Nominating Procedures The governing body of the Missouri Municipal League consists of the President, Vice President, all Past Presidents who continue to hold elective office, 12 Board Members who are elected municipal officials and five Board Members who are appointed municipal officials. The Bylaws require there be at least one Board Member from each of the nine Missouri Congressional Districts, and no municipality can be represented by more than one Board member (except officers and Past Presidents). Board Members are limited to not more than two consecutive full terms. Officers (President and Vice President) shall have served not less than one year on the Board. At the Annual Conference, nominations for President, Vice President and Board Members are made by a Nominating Committee of not more than 11 municipal officials appointed by the President. The Committee holds an open session to explain the nominating procedures and to allow delegates to suggest names for nomination. The Committee then meets in executive session to prepare a slate of nominees. At least 24 hours before the Business Meeting, the Committee posts the slate of nominees. Within ten hours of the Business Meeting, other nominations may be made by petition signed by at least

ten municipal officials representing at least ten municipalities. The petition provision provides an open process within which interested municipal officials may challenge the Committee’s nominees. The Nominating Committee determines which members of the slate may be contested by the petition without jeopardy to the requirements of the Bylaws for the composition of the Board. The vote in any contested election is by written ballot, and each member city present has one vote. The Board of Directors and membership have adopted an open and accessible nominating procedure. Municipal officials are encouraged to communicate suggestions to the Nominating Committee directly or through League headquarters. The Committee Members solicit input at the Annual Conference (where they are easily identified by ribbons) and at the open meeting of the Committee. Your MML nominating process is open and easy, but it is up to you to use it.ď ą

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

20 /July 2016

The Missouri Municipal Review


2016 Resolutions Committee The 2016 Resolutions Committee of the Missouri Municipal League will meet prior to the Conference on July 28 to consider the recommendations of the four separate policy committees. The report of the Resolutions Committee will be made to the delegates at the business meeting during the Conference. Any municipal official desiring to have a specific topic considered should submit a proposed resolution to League headquarters as soon as possible. Any resolutions brought directly to the Annual Conference must be submitted 24 hours before the annual business meeting with copies (200) provided to the League’s president, the resolution’s chair and the executive director. The statements recommended by the Resolutions Committee and approved by official vote of the League’s membership will become the “Municipal Policy Statement” for 2016-2017. This policy will provide the guidelines for the legislative program of the League, and direct the activities of the League’s staff during the 2016 session of the General Assembly. Councilman Ken McClure of Springfield has been appointed chairman of the Resolutions Committee for 2016. Other members are: Mayor Dale Bagley of Macon; Loss Cont/Mem Serv Dir Patrick Bonnot of MIRMA; Alderman Shane Cohn of St. Louis; Finance Director Betty Cotner of Town and Country; Mayor Michele DeShay of Moline Acres; Mayor Bill Falkner of St. Joseph; Mayor Barry Glantz of Creve Coeur; Mayor Brian Hasek of Harrisonville; City Administrator Chris Heard of Lebanon; Alderman Christine Ingrassia of St. Louis; Mayor Leonard Jones of Grandview; Executive Director Pat Kelly of Municipal League of Metro St. Louis; Mayor Bill Kolas of Higginsville; Councilman Gary Lathrop of Belton; Councilman Chris Lievsay of Blue Springs; Attorney Paul Martin of Rock Hill; City Manager Mike Matthes of Columbia; Mayor Norman McCourt of Black Jack; Mayor Mike McDonough of Raytown; Councilwoman Susan McVey of Poplar Bluff; City Clerk Betty Montano of Kirkwood; Councilman Steve Moore of Fulton; Executive Director Jan Neitzert of MO Parks and Recreation; Councilman Scott Roberson of Independence; Mayor Matthew G. Robinson of Hazelwood; Mayor Kathleen Rose of Riverside; Attorney Edward Rucker of Osage Beach; Mayor Mike Schneider of Overland; Councilman Gary Shaw of Joplin; Mayor David Slater of Pleasant Valley; Mayor Robert Stephens of Springfield; Councilman Michael Trapp of Columbia; Councilman Scott Wagner of Kansas City; Mayor David L. Willson of Manchester.

Experts in Municipal Bond Financing

MML Annual Conference Hashtag:


Carl Ramey | (314) 342-2242 | rameyc@stifel.com Martin Ghafoori | (314) 342-8467 | ghafoorim@stifel.com Brittany Pullen | (314) 342-2936 | pullenb@stifel.com 501 North Broadway | St. Louis, Missouri 63102 Stifel, Nicolaus & Company, Incorporated | Member SIPC & NYSE | www.stifel.com/publicfinance


The Missouri Municipal Review

July 2016 / 21

THE GRANDEST STATION IN THE NATION A Brief History of St. Louis Union Station


Grand Hall with its gold leaf, rom its first life Romanesque arches, 65-foot as the largest and barrel-vaulted ceiling and busiest passenger stained glass windows. The rail terminal in the world to most magnificent of these its present day position as stained glass windows is one of the top attractions the "Allegorical Window,� in the St. Louis region, the depicting the three main U.S. century-old St. Louis Union train stations during the 1890s Station boasts a unique and - New York, St. Louis and colorful history. San Francisco. The window The first St. Louis is majestically framed by Union Station, located at the famous "Whispering 12th and Poplar streets, Arch," from which a visitor's was completed in 1875. whisper at one end of the arch Shortly after this facility St. Louis Union Station was once the largest and busiest can be heard at the other end, was built it was described passenger rail terminal in the world. 40 feet away. as inadequate to provide the Just beyond the proper services needed for Headhouse is the Midway, the rapidly growing number which was well-named since of rail passengers. it not only served as the The Terminal Railroad midway space between the Association was formed waiting rooms, offices and in 1889 for the purpose of train platforms, but also as the consolidating the numerous midway point where friends railway entries and exits bid farewell or welcomed for the St. Louis area. home visitors from across the The Terminal Railroad nation and around the world. Association soon set to build In its heyday during the a new Union Station as its mid 1940s, the Midway was primary goal. the spot where more than By April 1891, a Today this 120 year-old National Historic Landmark continues 100,000 passengers a day national competition among to awe visitors and is within walking distance to many area traversed on their way to or architects to design a new attractions. from a train. The Midway was railroad station was under also known as the "Avenue way. The winning entry was of Bumpers." All the trains, except submitted by St. Louis architect and Association. The Train Shed was a for one commuter train, backed into former railroader Theodore C. Link. large, roofed area covering the loading the Station. Consequently, there were The design for the new Union Station platforms and tracks, while the Midway lines of bumpers to stop the trains as was modeled after Carcassone, a walled served as the covered transfer area for they backed up to the Station along passengers. medieval city in southern France. the Midway. The truck/platform area On Sept. 1, 1894, St. Louis Union Link's winning entry included was covered by an enormous singlethree main areas: The Headhouse, Station opened as the largest and most the Midway and the Train Shed. The beautiful rail terminal in the United span train shed designed by George Headhouse contained the Terminal States. Over twice as large as its nearest H. Pegram. The Train Shed, with its Hotel, ticket offices, waiting rooms, a competitor, this enormous project butterfly trusses, was a Victorian restaurant and offices for the Pullman was built at the cost of $6.5 million. engineering marvel which was not only C o m p a n y a n d T e r m i n a l R a i l r o a d The gem of this new station was the one of the largest train sheds ever built, 22 /July 2016

The Missouri Municipal Review


but also covered the greatest number of tracks. The Headhouse, Midway and Train Shed complex was a small city in itself. After World War II, however, the general public began choosing other forms of transportation. By the late 1960s only 14 trains a day were using the Station. The once bustling small city within the Station became quiet and deserted. Finally, on October 31, 1978, the last train pulled out of St. Louis Union Station. In 1970, this magnificent Station was designated a National Historic Landmark. In March 1979, the Station was purchased for $5.5 million. In August of 1985, St. Louis Union Station reopened after a $150 million restoration project, making it the largest adaptive re-use project in the United States. In 2007 the Station co pleted more than $12.5 million in restoration work – the majority restoring the Bedford (Indiana) limestone Headhouse exterior to its turn of the century grandeur. In 2012, Lodging Hospitality Management, Inc. purchased the property. They are renovating and modifying the entire property, preparing this historic landmark for the next phase of history, including new attractions, train-themed guest rooms and an outdoor plaza.


 



• • • •

   

  

    

   

Interested in learning more? Visit the  “Memories Museum,” located on the second level. Founded as a joint venture by St. Louis Station Associates and the Museum of Transportation, the museum is dedicated to preserving the rich history of St. Louis Union Station, the railroads that served it and the people who experienced the romance of rail travel. The Museum is free to the general public and is open during St. Louis Union Station’s operating hours.


The Missouri Municipal Review

July 2016 / 23



e are in a crisis. World Economic Forum leaders recently declared that our biggest crisis is not financial but a lack of trust and confidence. We are in a trust crisis and few people really understand the bottom line implications. Not only does it affect credit and government relations, but it also affects every relationship and organization. A recent Gallup poll shows that America’s confidence in nearly every major societal institution is declining. Pull out any newspaper and you will see countless examples of how trust is violated every day. Collectively, we no longer trust major corporations, banks, government, the media, public schools, nor organized religion. Doing business in this suspicious climate is extraordinarily difficult, and the degree to which people trust you and your organization is quite literally the difference between success and failure. Professor John Whitney of the Columbia Business School stated that, “Mistrust doubles the cost of doing business. I think it costs even more.” Without trust, leaders lose teams and sales people lose sales. Without 24 /July 2016

trust, local government leaders lose productivity, retention of good people, reputation, morale and revenue. The lower the trust, the more time everything takes, the more everything costs, and the lower the loyalty of everyone involved. However, with greater trust comes greater innovation, creativity, impact, freedom and morale. In our ever-expanding global community, our ability to reach across borders has created amazing opportunities, but there is a challenge. Those opportunities do not always come easily, as we struggle to learn about the unfamiliar and wonder if we can trust what we do not yet understand. Trust is not just a “soft skill” - it is the fundamental key to lasting success. Though it may appear intangible, it is actually a measurable competency that can deliver real results in both personal and professional lives. No matter your position in life – parent, CEO, government official or soccer coach – your ability to inspire trust has a direct impact on your influence and success. There are eight pillars that are identified in my research that are key to building and supporting trust. The Missouri Municipal Review

Clarity: People trust the clear and mistrust the ambiguous. Clarity requires honesty. With honesty comes the need to share your vision, your purpose, and your expectations. Once people have a good understanding of what you stand for, where you want to go and the role they play in your vision, it is easier to trust in your leadership. Compassion: People put faith in those who care beyond themselves. Show that you can look beyond your own needs and wants. Trust and the ability to show empathy go hand in hand. There is a reason why we still hear, “people do not care how much you know until they know how much you care.” Character: People notice those who do what’s right over what’s easy. It is a complex word, but for our purposes, let us consider the two main components – integrity and morality. With integrity, you are being consistent with your thoughts, words, and actions. Add that to a strong moral compass, a sense of right and wrong, and you are giving people someone they can trust.


Competency: People have confidence in those who stay fresh, relevant, and capable. Knowing how to do your job well matters. Whether it is a dentist giving you a root canal or the mechanic replacing your transmission, you want to know they are competent and capable of doing their job. The same applies to you. If you want people to trust you, make competency a priority. Commitment: People believe in those who stand through adversity. In this instance, actions definitely speak louder than words. So if you say something matters to you, be prepared to show it to the people whose trust you want. It can mean demonstrating tenacity and stubbornness, and making it clear you will see things through to the end. Connection: People want to follow, buy from and be around friends. It’s easier to trust a friend than a stranger, so look for ways to engage with people and build relationships. You can start by learning to ask great questions to determine the common ground you share. We find it easier to trust when we sense that we connect in some area. Contribution: People immediately respond to results. By giving of yourself and your talents, you are investing in others. And if you are serious about making a difference, you need to invest in the actions that will make your vision a reality. People trust those who actually do as opposed to just talking about doing. Consistency: People love to see the little things done consistently. While all the pillars are important for building trust, failing to be consistent can undermine your efforts. Think of consistency like a savings account. Put a little in each day and over time, it will pay you back in safety and security. Remember: it is unlikely that you will get one, big chance to be trusted. Instead, you will have thousands of small ones. Like the savings account, when you respond consistently you will see the results build up over time. All of these pillars are the core to being a trusted individual or organization. Without consistency these pillars do not matter. Let us take clarity for example. Your organization can have a very clear effective vision and mission, but if you’re not sharing it at least every 30 days consistently, then www.mocities.com

Bruce E. Coleman, PE, LEED AP Principal & Manager, Kirkwood Office www.bricpartnership.com 314.725.5889

your team does not know it. Same with commitment, you can make a promise to lose 50 pounds in five months, but if you are not consistently following an eating plan and exercising, by the end of five months, your results won’t be what you hoped. If you want to implement the trust edge into your life or organization you must be consistent in each pillar. When this happens trust increases, as well as output, morale, retention, productivity, innovation, loyalty and revenue. Without trust costs are high and skepticism and attrition increase. A lack of trust really is your biggest expense. Right now we have an opportunity to be agents of change. We cannot regain trust in business or government if we do not trust each other. It starts with you. It is through individuals that we can rebuild trust in our communities and our institutions. Have the courage to act on what you know to be true – that trust is the foundation of all genuine and lasting success.

The Missouri Municipal Review

David Horsager, MA, CSP, is a business strategist, keynote speaker, founder of Trust Edge Leadership Institute and author of the National Bestseller, The Trust Edge: How Top Leaders Gain Faster Results, Deeper Relationships, and a Stronger Bottom Line. His work has been featured in prominent publications such as Fast Company, Forbes, The Huffington Post and The Wall Street Journal. David has delivered lifechanging presentations on six continents, with audiences ranging everywhere from Wells Fargo and the New York Yankees to Goodyear and the Department of Homeland Security. Get free resources and more at www.DavidHorsager.com and www.TheTrustEdge.com.

Learn more about the eight pillars of trust and the opportunities for local government success at the MML Annual Conference Keynote Address in St. Louis on Sept. 13, 2016!

July 2016 / 25

LEADING CHANGE Strategies for Successful Citizen Engagement and Other Change Management Challenges by Linda Goldstein

“Change is the law of life. And those who look only to the past or present are certain to miss the future.” ~ John F. Kennedy


hange is inevitable and that is especially true when it comes to local government. Public policy revisions are necessary for growth, staff members retire or pursue other opportunities, elected officials rotate off the board and new members are sworn into office. Community demographics change as residents enter different phases of life, from marriage and children to empty nesters. Businesses close. New businesses open. Change can be disruptive as well as necessary. Do any of the following situations sound familiar? •

A vacant lot on the border of a commercial and residential area has sparked sudden, intense public interest. Some residents are lobbying for a dog park, others for a community garden, and the local retailers want the green space paved and turned into a parking lot. Some sort of improvement is long overdue, but what is the “right” choice? One of your city’s largest corporate citizens just announced their plan for a major campus expansion and

26 /July 2016

redevelopment project. It is wonderful news but you’re worried that when the initial enthusiasm dies down, nearby commercial and residential citizens will voice opposition because of traffic changes, possible parking issues, or other uncertainties. How do you address these and other legitimate concerns before the project goes from exciting to controversial? The cost of municipal services will exceed revenues next year, and the gap is projected to increase in subsequent years. Residents seem to want to maintain the existing service level, but not with increased taxes or fees to pay for them.

What to do…? As the former mayor of Clayton, Missouri, I faced these challenges and many others that are shared by municipal staff and elected officials everywhere. Fortunately, early in my career, I learned the importance of listening; asking the right questions; encouraging a reasonable and respectful dialogue; and moving stakeholders towards a The Missouri Municipal Review

collective vision. An inclusive approach to change enabled the community to move forward with some bold initiatives. No matter the cause, we can all learn from each other ways to steer difficult change towards a positive, productive outcome. Use the following concepts as a guide:

Identify Stakeholders

Who will be impacted, positively or negatively, by the change? In addition to residents, don’t forget businesses, organizations, neighborhoods and adjacent communities. Greater stakeholder diversity result in more creative and accepted decisions. In the development example referenced earlier, the project was adjacent to the local high school and a neighboring municipality. We recognized the potential impact of traffic flow for each of these two stakeholders and engaged them early in the process.

Use Data

Gauge community knowledge and preferences as they currently stand. Remember the dog park, community g arden, park ing lot dilemma? A www.mocities.com

statistically valid survey indicated that neighbors within a half-mile of the project supported “none of the above.” Instead, the space is now a beautifully landscaped park with picnic tables, public art, and open play space for children.

Peace of Mind Secure Retirement Income More than Just Retirement Benefits

Create And Implement A Communication / Outreach Plan

What forms of communication are most effective in your community? What efforts will result in maximum public participation? Be sure to consider personal invitations via telephone, letter or email, as well as communitywide methods such as newsletters, e-blasts, website and social media posts. After determining the most effective communication methods, develop a timeline for message delivery.

Come See Us in Booth #23 At the MML Annual Conference!

Missouri LAGERS Missouri Local Government Employees Retirement System www.molagers.org 1-800-447-4334

Conduct A Dialogue And Obtain Input

Explain why the change is being considered; objectively present the facts; and clarify any misunderstandings about the project. Be clear about how stakeholder input will be used and the influence participants can have on the final decision. Some people are intimidated speaking in a large group setting, so in addition to public hearings and town hall meetings, consider smaller venues. For example, take your message to neighborhood association meetings, local coffee shops, condo meetings – go to places where people congregate and feel comfortable. Another effective outreach strategy is online discussion through interactive websites and social media.

Evaluate, Adapt And Continue Dialogue

Incorporate appropriate ideas to improve the original proposal and report back to stakeholders. As Clayton considered becoming smoke-free, officials learned through engagement efforts with restaurants and retailers that a highway reconstruction project was negatively impacting business. As a result of this input, the City delayed implementation of the Clean Air Ordinance until the highway r e - o p en e d; e x pe dited p erm its for outdoor dining areas; and conducted a promotional campaign inviting visitors to enjoy smoke-free restaurants and shops. Authentic public engagement is


essential for growth and change in our communities. Citizen engagement is an ongoing process and it will help you: • • •

Determine the best solution through collective wisdom and multiple perspectives; Maximize the public’s satisfaction with the ultimate decision; and Foster the public’s support for this and future initiatives.

Dialogue needs to continue as changes unfold, unanticipated issues emerge, and new stakeholders and partners come forward. In addition to external change when creating a collective vision, it is important to address internal change. Teamwork and effective communication are essential for policy-making and administrative teams alike. What can a leader do to get everyone on the boat and rowing in the same direction? In the book The Boys in the Boat by Daniel James Brown, the author writes that rowing takes discipline, hard work, talent and coordination. Leading your crew whether in a boat or in city governance, winning the race starts with a reality check of the team’s current effectiveness and a plan to maximize team and individual strengths. Once everyone is in the boat, it is important they know where the finish line is and that they are all

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engaged in working together to win. After the win, everyone’s contribution should be recognized as the team celebrates its achievement. The pace of change is accelerating, and it is more important than ever to learn to steer change for powerful, positive outcomes. Prior to starting her consulting firm, Linda Goldstein was a senior level organizational leader and small business owner. She was elected as Clayton’s first woman mayor and served a total of 14 years in public office. Her consulting firm, Linda Goldstein Consulting, helps facilitate change for a positive outcome through citizen engagement and community outreach, leadership development and organizational planning. They work with local governments, public agencies and communities to help them embrace change in order to move forward and grow.

If you would like to learn more about strategies to make change possible in your community, please join Linda at the MML Annual Conference for the preconference workshop on Sunday, Sept. 11.

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28 /July 2016

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An Interview with St. Peters' Alderman Terri Violet

Alderman Terri Violet St. Peters, Missouri

St. Peters’ alderman Terri Violet is Missouri’s first local government official to become a Certified Municipal Official through the Missouri Municipal League’s Municipal Governance Institute. Violet has resided in St. Peters for more than 25 years and has served as an alderman since 2012. Alderman Violet is the first woman veteran on the St. Peters Board of Aldermen. At the completion of six years in military service, she received an honorable discharge from the United States Navy.

What sparked your interest in local government? I served as a neighborhood watch captain in my subdivision and began working with the elected officials and members of our police department to keep our neighborhood and community a safe place to live. As I became more in tune with my local government, I could envision ways to help the City grow and prosper. What advice would you give to a new local official, or someone considering getting involved with local government? If you are a new local official, I highly suggest you take time to go through the Missouri Municipal League’s Municipal Governance Institute (MGI). The next step is to be involved with your community. Visit businesses, schools and events where you can speak with residents to hear their thoughts and concerns. If you are considering running for local office, study the current issues within your local government. Make an appointment with an official in your community to hear their perspective on current issues. Go to the council meetings as often as possible and volunteer regularly on a city board or in a city-sponsored program. What challenges do you face as a local government official? Communication with residents seems to be a bit of a challenge for most communities. This can sometimes 30 /July 2016

be resolved by thinking outside the box. For me, the use of e-newsletters and a paper newsletter handed out at resident homeowner meetings has worked very well. What made you decide to seek your certification with the Missouri Municipal League through the Municipal Governance Institute? I want to further my education and learn how to serve the residents in my community better. This program offers a variety of courses that has made me more confident in my position. How has the Missouri Governance Institute helped you in local government? Governing has many aspects to be an effective elected official. The MGI teaches up-to-date details that are necessary to govern efficiently. The Certified Municipal Official Program gave me confidence to govern. What classes did you personally find most helpful in the certification program? The Sunshine Law and ethics classes stood out to me most. I believe that residents look to their elected officials to have high ethical standards. Both of these classes gave me the resources I needed. What advice would you give someone who is thinking about becoming a certified municipal official? Go through this program! The most informed, newly elected official will learn new information. Continue your education and improve yourself. What would you tell someone who is not familiar with the Municipal Governance Institute and what suggestions would you have about getting certified? This program was born to help you succeed as an elected official and to benefit your community. Every class has a valuable purpose, so if your goal is to help your community prosper and to be a healthy, safe and a desirable place to live, this learning opportunity is something you shouldn’t pass up. Contact the Missouri Municipal League and begin learning today! Do you want to learn more about the Municipal Governance Institute? Visit www.mocities.com to get started today!

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frequently asked questions - Municipal Governance Institute Each day your Missouri Municipal League (MML) staff answers dozens of questions on municipal issues. This column discusses some of the most common questions the League’s staff receives.

What Is The Municipal Governance Institute?

The Municipal Governance Institute provides municipal officials with the opportunity to broaden their horizons by providing specialized training for Missouri municipal government officials. The MML Board of Directors created the program to provide a roadmap for municipal officials to use to gain the skill sets they need to be effective local leaders. The program was also created to recognize the commitment to learning that so many local officials make by attending MML events. Participants must complete 12 hours of study in core areas and four hours of elective training. Individuals who complete the program will be designated as “Certified Municipal Officials,” through the Municipal Governance Institute.

Where Are The Trainings Held?

Participants have several options to earn credits in the program. Attending traditional MML conferences such as the Elected Officials Training Conference or the MML Annual Conference is the standard method for gaining credits. Conference sessions that provide credit towards the program will be designated on promotional materials, as well as in conference materials. Participants can also utilize MML’s online training classes to gain elective credits. Other events, such as the annual Partners In Governance Conference also count towards the program.

What Are The Training Requirements Needed To Achieve The “Certified Municipal Official” Designation?

Participants need to complete training in 12 core areas: budgets; economic development; emergency management; ethics; fundamentals in municipal government; liability and risk; parliamentary procedures; personnel law; planning and zoning; public works contracting; municipal revenue sources, and the Missouri Sunshine Law. Participants also must complete four hours of elective training; these electives allow officials to


concentrate their training on areas important to them. A few examples of electives are policy development, conflict resolution and diversity. A detailed description of each of the core training requirements is available on the League’s website.

How Will Participants Track Their Progress Towards Certification?

MML’s association management software includes a certification module integrated with the League’s website. League staff will log credits for members following attendance at MGI credited events. In many cases, participants will be asked to sign attendance sheets so that attendance can be verified. For non-MML programs, such as the emergency management credit earned by completing the Federal Emergency Management Agency (FEMA) National Incident Managements (NIMs), participants may be asked to send MML copies of certificates of completion or similar documentation. MGI participants can track their individual progress by logging into their personal profile on the MML website. As participants earn credits in particular areas, MML staff will log those credits in the MML database viewable on each member’s private certification page. To access one’s personal certification page, members will need to login to their MML member profile, and click “Manage Profile” in the upper right corner. From the “Manage Profile” view, members should scroll down and click on “Professional Development” under the “Content and Features” heading.

How Do I Log Into My Profile On The MML Webpage?

Most members already have a profile created in the MML database. Access to the profile requires a username and password. By default the username for most profiles is set to the member’s email address. First-time users will need to reset their password by clicking the “Forgot your password?” under the sign-in tab. As with other websites, clicking the “forgot your The Missouri Municipal Review

password” link will automatically send an email to the member allowing them to set up their password. The catch is that the password reset can only be emailed to the member if MML has the member’s current email address. If members need any assistance with the login process they are encouraged to call MML at 573-635-9134 or email info@mocities.com

I Have Already Attended Many MML Conferences, Can I Receive Credit For The Events?

Individuals who attended MML’s recent Elected Officials Training Conference may receive credit for attending the Conference if they enroll in the MGI program this year. Credit for attendance at other events in the past generally will not count since the intent of the program is to provide participants with the most current topics and information in the municipal arena.

How Do I Enroll In The Program?

The registration fee for the MGI program is $150. Enrollment is simple; just complete the registration form on the League’s website and submit the registration fee. The fee covers administrative costs of the program, as well as the cost of the plaque sent to participants upon completion of the program. Participants still need to register separately for any of the online courses or conferences.

Does The Municipal Governance Institute Accept Non-MML Programs Or Seminars?

The program is intended to utilize existing MML training programs. The League reserves the right to accept or reject any non-MML training for credit in the program. Currently, the only non-MML training approved for credit in the program are various seminars conducted by the Municipal League of Metro St. Louis’s, (formerly the St. Louis County Municipal Leagues) Training Academy and the NIMS certification granted through FEMA.

July 2016 / 31

32 /July 2016

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MML ELECTED OFFICIALS TRAINING CONFERENCE June 9-10, 2016 | Columbia, Missouri "I learned so much ... the way the information was presented really explained why it was important and emphasized our role as public servants." - 2016 EOT Attendee "I thoroughly enjoyed the conference, and felt that I learned a lot. I can't wait to learn more online." - 2016 EOT Attendee The Missouri Municipal League hosted the Elected Officials Training Conference June 9-10, 2016, at the Holiday Inn Executive Center in Columbia. Conference sessions emphasized the knowledge base all newly elected officials need to govern effectively, such as budgeting, ethics, economic development, planning and zoning, and more. It also provides a valuable overview for experienced officials and keeps all attendees up to date regarding the latest developments in local government. More than 200 local government officials from more than 100 municipalities attended.

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July 2016 / 35

News From The Bench by Ken Heinz

CITY V. COUNTY Constitutional Conflicts by Ken Heinz


everal recent circuit court decisions have raised interesting questions of the extent of county authority over municipalities. In each case, the home rule charter was pitted against the constitutional authority of home rule counties. In the first case, Pepper, et al. v. St. Charles County, et al., the Plaintiffs were the municipalities of St. Peters, O’Fallon and Lake St. Louis, plus two registered voters. The dispute arose when a county charter amendment was approved by the voters in November 2014 that prohibited the use of red light cameras or automated traffic enforcement systems to enforce traffic regulations. The Missouri Municipal League intervened on behalf of the municipalities. The circuit court concluded that the charter amendment does not violate Article VI, Sections 18a, b and c of the Missouri Constitution. The Plaintiffs contended that the referendum violates Article VI, Section 18a because it does not provide for counties their “own” government. The circuit court disagreed and held that Section 18a was a mere enabling provision and does not prohibit the County from enacting legislation pertaining to municipal functions. Secondly, Plaintiffs contended that the charter amendment invaded the province of general legislation involving public policy of the state as a whole, specifically the exclusive authority of cities to control traffic on municipal streets. The circuit court concluded that the County could enact reasonable

traffic regulations, even though the cities also had authority. The authority of cities is not exclusive. The court found that the charter amendment implicated no statewide or national concern. Finally, the circuit court found that Article VI, Section 18c granted the County authority to exercise power in the area of traffic regulation. The court granted Summary Judgment to the Defendants and against the municipalities. The matter is now on direct appeal to the Supreme Court of Missouri. The second decision originated from a dispute in St. Louis County, Missouri. In the wake of the Ferguson riots in August and November, 2014, the St. Louis County Council passed an ordinance, which required that each municipality meet the minimum standards set by St. Louis County or risk various penalties, both financial and otherwise. Ordinance 701.250 established, among other things, an extensive and multifaceted system of standards, contractual reviews, audits and supervision of municipal police departments by St. Louis County government. Approximately 16 municipalities in St. Louis County filed two separate lawsuits challenging the authority of St. Louis County to legislate in the incorporated areas of the County. The Plaintiffs challenged the power of St. Louis County to enact and enforce an ordinance under Missouri Constitution, Article VI, Section 18(c). That section

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provides that home rule charter counties may provide for legislative power and services outside of incorporated areas, and may provide service to incorporated areas by contract or by countywide vote. Since there was no contract or vote for county ordinance 701.250, the court granted Summary Judgment to the Plaintiffs and declared the ordinance invalid and unenforceable. The court rejected the Defendant’s argument that the County’s ordinance was authorized pursuant to general statutory authority to promulgate ordinances relating to public health. The circuit court’s decision was rendered on May 4, 2016. The County is appealing the decision to the Eastern District of the Missouri Court of Appeals. City-county conflicts have occurred in the past, but these two cases could well define future city-county relations. 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.

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Member News Eurkea Named best small town in USA

Eureka, Missouri was named the best small town in America, due to its spirit of family and togetherness. The town was declared the winner of Destination America and USA Today's 'Red, White, and You' contest. Police Chief Mike Wiegant and Dr. Pat Feder, president of the Eureka Chamber of Commerce, attribute the win to how the residents came together to help each other during last year's flooding.

Communities For All Ages

Several Missouri cities received honors at the Communities for All Ages program on June 17 from the First Suburbs Coalition meeting. The Communities for All Ages recognition program was developed by the First Suburbs Coalition and KC Communities for All Ages — two groups convened by Mid-America Regional Council to develop programs and tools to support older, first-tier suburbs; help communities respond to the rapid increase in the older adult population; and make communities more welcoming for all age groups. The city of Gladstone earned the Gold award. The cities of Blue Springs, Liberty and Raymore have all achieved the Bronze level.

American Public Power Association Energy Innovator Award

Independence Power & Light (IPL) received the American Public Power Association Energy Innovator Award that recognizes creative, energyefficient techniques to provide better service to electric customers. IPL was recognized for its Home Energy Loan Program. IPL developed its Home Energy Loan Program in partnership with City Credit Union to help homeowners access funds to make energy efficiency improvements to their homes. The improvements funded by the program will result in substantial savings for residents over time.

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2016 MML Calendar Of Events July 15-17 21 26-28 28 August 9-10 30

MMAA Summer Seminar, Osage Beach, Missouri MML West Gate Civic Leadership Awards Missouri Mainstreet Connection Downtown Revitalization Conference, Washington, Missouri MML Resolutions Committee Meeting Missouri Water and Wastewater Conference, Columbia, Missouri Missouri Governor's Cybersecurity Summit, Jefferson City, Missouri

September 7 11-14 13 14 15 25-28

Missouri Governor's Conference on Economic Development, Kansas City, Missouri 82nd MML Annual Conference, St. Louis, Missouri MML Innovation Awards Luncheon, St. Louis, Missouri 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 20 26

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

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

For MML information on the out-of-state vehicle sales tax, including sample ballot language, visit www.mocities.com.

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