MML Review: November/December 2022

REVIEW

A U N I T E D V O I C E F O R M I S S O U R I M U N I C I PA L L E A G U E C O M M U N I T I E S

THE MISSOURI MUNICIPAL

November/December 2022

City of Moline Acres CITY PROFILE

www.mocities.com 1 Recreational Marijuana FAQs | Missouri's Hidden Heroes | MML Annual Conference

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THE MISSOURI MUNICIPAL

November/December 2022; Volume 87, No. 6

CONTENTS Features 5

5

City Of Moline Acres: City Profile

by Laura Holloway

9 Recreational Marijuana FAQs

by Padraic Corcoran and John Mullane 14

Water Infrastructure: Cities Shouldering Most Of The Cost

by Bill Eller

9

17

FAQ: Mayor Pro Tempore

20

Missouri's Hidden Heroes

by Allen Garner

by Shawn Moore

Departments 4 23

President's Review Local Government Review: Family Of Former Joplin Fire Chief Connects With Joplin Fire Department Display

by Christine Allgood

25

23

Local Government Review: MML Annual Conference • New Leadership And Board Members • Conference Photos • MGI and AMGI Honors • Innovation Award And Distinguished Service Award Winners

34

Member News

36

MML Calendar Of Events

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Michele DeShay, Mayor, Moline Acres; Vice President: Matt Turner, Alderman, Harrisonville; Damien Boley, Mayor, Smithville; *Chuck Caverly, Council Member, Maryland Heights; Bryant Delong, Council Member, North Kansas City; Reed Dupy, Council Member, Chillicothe; *Joe Garritano, Council Member, Wildwood;Jerry Grimmer, Council Member, Bridgeton; Cemal Unmut Gungor, City Administrator, Grandview; Dwaine Hahs, Mayor, Jackson; Heather Hall, Council Member, Kansas City; *Debra Hickey, Mayor, Battlefield; *Chris Lievsay, Council Member, Blue Springs; Ken McClure, Mayor, Springfield; *Norman McCourt, Mayor, Black Jack; Chris McPhail, Alderman, Clever; Sheryl Morgan, City Clerk, Blue Springs; Lori Obermoeller, Finance Director, Creve Coeur; Tom Oldham, Council Member, Sedalia; Len Pagano, Mayor, St. Peters; *Matt Robinson, Mayor, Hazelwood; Mike Roemerman, Mayor, Ellisville; *Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Erin Seele, Attorney, Cunningham, Vogel and Rost; Gerri Spencer, Alderman, Kearney; Jeana Woods, City Administrator, Osage Beach *Past President AFFILIATE GROUPS Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association EDITORIAL Laura Holloway / Editor Lholloway@mocities.com Richard Sheets and Lori Noe Contributing Editors GRAPHIC DESIGN Rhonda Miller The Review November/December 2022; Volume 87, No. 6 The Missouri Municipal Review (ISSN 00266647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri.

Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109.

Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request.

Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri.

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

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

Website: www.mocities.com. www.mocities.com

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President's Review

by Michele DeShay, Mayor, Moline Acres, and MML President

Thankful and Ready to Serve It is such an honor to serve as your MML President over the coming year. I am truly excited to be a part of this organization and serve members to the best of my ability.

I am thankful for those that have served before me and set such a great example, particularly our outgoing president, Wildwood Council Member Joe Garritano. His leadership has been so valuable to me and to MML over the past year! I also look forward to working with our new vice president, Harrisonville Alderman Matt Turner.

In September, MML hosted one of our largest conferences in history. With more than 550 delegates from nearly 200 cities, the energy and excitement was unmistakable.

"

We work for you,

and we are your staff.

We work to ensure that your city has every tool you need to ensure your city can run

"

well.

During the conference, I was honored to meet so many new officials and humbled by the many words of congratulations and well wishes. I was especially moved upon meeting a first-time attendee from Rolla. She shared with me how excited she was to attend, and how impressed she was with the amount of helpful information provided for municipal officials. I was so touched when she told me that she and her fellow attendees from Rolla were praying for me. As both an elected official and serving in leadership with MML, this is welcome support and encouragement!

I hope to see her more and hope I have the opportunity to welcome more firsttime attendees to all MML events.

Feeling the energy from September’s event drives home to me the importance of MML as a place where you can turn when you need help for your city. It is much more than just an organization that provides training and advocacy. Those things are very important, but MML stands for more. We work for you, and we are your staff. We work to ensure that your city has every tool you need to ensure your city can run well.

One goal I have this year as your MML president is to reach more local officials and staff with the message of how MML can serve them. Some members are aware that MML is available but are simply not as active. If that is you, decide to make a point this year to attend a conference or regional meeting. Network with your fellow local officials and share your best practices. If you cannot attend in person, consider one of the many webinars offered online through mocities.com, or just simply browse the website to keep in touch with the latest news and MML online library of resources. Do not waste the opportunity to connect and take advantage of the many resources provided.

As always, contact MML when you have questions. We are ready to serve you and help your city navigate today’s challenges.

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theReview November/December 2022

FEATURE Review

by Laura Holloway

City Of Moline Acres Many Opportunities Ahead

The city of Moline Acres is located in North St. Louis County, about a 20-minute drive north of downtown St. Louis via Interstate 70 and Highway 367. With a population of nearly 2,500, it sits within one square mile, within the neighboring communit ies of Jennings, Bellefontaine Neighbors and unincorporated St. Louis County.

C on s i d e re d a b e d ro om community, Moline Acres is made up of a diverse population of all ages, many having lived in the City for decades. It has always been very family oriented, and residents look out for each other’s needs. Like many cities, the community is not without challenges but has worked hard to make improvements and has plans underway pointing to a bright future.

City of Moline Acres City Hall.

Exploring New Resources A major development in this small city was the new Lewis and Clark branch of the St. Louis County Library. Built in 2015, it replaces a much-loved library building that simply could no longer meet the space and technology requirements residents needed.

Although the building had architectural significance, the need for an expanded space was clear. However, despite a planned ballot proposition for funding permission, the City first received resident pushback from those wanting to keep the old structure. The City Council needed to dig deeper to find the source of resident concerns. The council found that citizens adamantly

“In every community, there is work to be done.

In every nation, there are wounds to heal.

In every heart, there is the power to do it.”

– Marianne Williamson wanted to preserve the iconic stainedglass windows. The panels, originally created by Emil Frie & Associates, depict Lewis, Clark, and Sacagawea, and had been purposely installed on the library’s east side in order to form stunning reflections inside as the sun rose each day. As long as the windows were preserved, the project had community support.

The modern building is now a source of pride for residents and provides

a wealth of resources. The 20,000-square-foot-branch features a modern children’s area with Lewis and Clark-themed discovery details, including the LED-lighted Big and Little Dipper. The building can now accommodate a computer lab, private study room, and features a large meeting space. .mocities.com www “I’m very proud to have been a part of advocating for that project,” said Mayor and MML President Michele DeShay. “It has been a breath of fresh air for the City.”

Another current development in the City is a new Community Cultural Arts Center located across the street from City Hall.

The City has been able to receive a Community Development Block Grant for this project.

The building will be, as Mayor DeShay puts it “a community center but a little bit more.”

City leadership wants to make sure all residents have a place for recreation, meetings and learning. Plans include an area to teach music, cooking and other life skills. The City is particularly focused on reaching youth and seniors in the community.

Mayor DeShay points out that schools in the area have been able to provide less and less of the classes that teach life skills, such as home economics or music. This Center is meant to help replace that loss. Computer classes, a communications room, and even a podcasting room will provide more opportunities for residents. It is a place where families can learn together. www.mocities.com

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Moline Acres City Council (l-r): Ward 1 Alderperson Robert Hester, Ward 1 Alderperson Nicole Sanders, Mayor Michele DeShay, Wart 2 Alderperson Darlene Bell, Ward 2 Alderperson Jennifer Erby-Johnson

Landmark In Transition A striking landmark in the heart of the City is the circular Lewis & Clark Tower. While the City was forced to condemn the unique structure in 2015 for safety, the building was once a major North County attraction. Built in 1965, the tower epitomized the idea

of a having everything a resident could need in one place. Standing 10 stories tall, it featured luxury condominiums, with services such as a bowling alley, swimming pool and movie theater. An attached retail plaza flourished, with the staple businesses of Stelmacki’s Market, still open today and known citywide for its meat market, and Glens’ Barber Shop, where residents often gather to talk and share stories.

The top floor was home to the renowned Top of the Tower restaurant, a top-notch dining destination with picturesque views of the surrounding area. Patrons could see both the downtown St. Louis and Clayton skylines, as well as the Alton River bluffs.1 Mayor DeShay says it was a regular sight to see limousines pulling up on a Friday or Saturday evening with patrons coming for dinner.

Today, the City keeps the area secure and is focused on preparing the site for future development. One avenue has been working with the Missouri Brownfields Program to perform site

Most see a hospital.

We see a community with hope.

olsson.com

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theReview November/December 2022

testing and determine what cleanup might be needed. In addition, the City has been hosting forums where the community can provide input on the most desired and beneficial types of development.

“There are no stones unturned,” said DeShay. “There are many possibilities, but we want to make sure this will be the right development for the community.”

Regional Relationships With multiple cities making up North St. Louis County, the mayors of these communities meet often to share project news, challenges and discuss ways to collaborate. DeShay sees this as a path to success.

“It’s so important to keep those lines of communication open, bringing everything to the table in order to help everybody,” says DeShay. “What affects one area usually has the potential to affect all areas. We are more alike than different.”

Lewis and Clark branch of the St. Louis County Library in Moline Acres.

Royal Park.

Lately, neighboring mayors have been discussing how to pool resources for better costs, such as for needed vehicles, salt for the streets, and more.

Mayor DeShay would like to see even more collaboration between St. Louis County and the cities located in North County. In particular, she would like to see a focus on individual needs in the community.

“We need to take care of the less fortunate,” says DeShay. “Otherwise, what happens to people? What happens to the community"?

underway, with completion in 2023.

A beautification committee began last year that is assisting residents one need at a time. They meet every two weeks early on a Saturday morning. First, they worked to clean up main streets around the City, then recently adopted a house with a severely overgrown yard. City hall staff volunteered their time, helping to clean the fence line and help cutting tall grass. It was a positive boost for the homeowners who did not have the resources to keep up with the property. Small project by small project, the committee is helping the residents thrive.

“It’s important to bring everyone together, to make them care, and feel good about where we live,” says DeShay.

“At times we have gotten away from that, but we’re bringing it back little by little.

In the end, we are all here to love people and do what we can to help somebody else.”

Looking Ahead Mayor DeShay sees many opportunities ahead. She would like

to develop a business district along Chambers Road, a main thoroughfare through the City. She envisions flowers lining the street and signage welcoming visitors – some signs are already in place.

Moline Acres was awarded a recent waste reduction and recycling grant that focuses on helping seniors who have older electronics. Beginning in 2023, City residents will be able to recycle appliances and electronics.

The City is also working with the Missouri Department of Transportation to add pedestrian walkways at the bridge on Chambers and Highways 367.

Currently, there is not a safe place for pedestrians to walk from Chambers to the strip mall on Hwy. 367.

Resurfacing for Hwy. 367 is also

Laura Holloway is the communications and external relations director for MML. Contact her at Lholloway@mocities.com.

End Notes: Hahn, V.S. (2014, Jan. 14) “Iconic Lewis & Clark Tower building in Moline Acres condemned because of broken elevators.”

St. Louis Post-Dispatch. https://www. stltoday.com/news/local/crime-and-courts/ iconic-lewis-clark-tower-building-in-molineacres-condemned-because-of-brokenelevators/article_45db5868-4aea-5a3c-a920da1b8eff7668.html 1

www.mocities.com

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theReview November/December 2022

RJ W o r ksFo r M O .co m

FEATURE Review

by Padraic Corcoran and John Mullane

Recreational Marijuana FAQs

How does the recreational marijuana amendment affect existing medical marijuana facilities and regulations regarding the distance between marijuana facilities and churches, day cares or schools?

Amendment 3 modifies the existing language in Article XIV of the Missouri Constitution regarding how to measure the distance between marijuana facilities and churches, day cares and schools. Specifically, Amendment 3 incorporates into the existing constitutional provision and the proposed new constitutional section definitions for churches, day cares and schools, and explicitly explains how the 1000-foot separation requirement is to be measured. Under Amendment 3, the distances between marijuana facilities and churches, day cares and schools is to be measured utilizing the “shortest path between the demarcation points that can be lawfully traveled by foot.” The applicable demarcation points that the 1000-foot separation requirement is to be measured from depends on whether the marijuana facility and the church, day care or school are in freestanding or non-freestanding buildings. The definitions and explanation on how to measure the separation distance are the same as what the Department of Health and Senior Services (Department) adopted in their regulations regarding medical marijuana.

How old does someone need to be to purchase marijuana? Is there a limit to how much they can purchase? Do they need a marijuana buyer card?

To legally possess, consume or cultivate recreational marijuana a person must be 21 years of age or older.

Amendment 3 prohibits the Department from adopting any rule that requires a consumer to provide a marijuana facility with an ID besides one to determine the age of the consumer.

On the other hand, if a person over 21 desires to cultivate marijuana they must obtain a registration card from the Missouri Department of Health and Senior Services. Once a person 21 years or older obtains the proper cultivation card, they may cultivate up to six flowering plants, six unflowering plants, and six “clones” under 14 inches. Amendment 3 permits the Department to set a limit on the amount of marijuana that may be purchased in a single transaction; however, the limit set by the Department may not be less than three ounces of dried, unprocessed marijuana, or its equivalent.

Will existing medical marijuana facilities become sellers and producers for recreational use?

Amendment 3 provides that existing medical marijuana facilities – referred to as medical facilities in Amendment 3 - may convert their existing license with the Department to a comprehensive license. Under a comprehensive license, a facility may take part in both the medical and recreational marijuana market. To convert the existing medical marijuana license to a comprehensive license, the proposed comprehensive facility must be in good standing with the Department and be either (1) at the same location as the existing medical marijuana facility or (2) if currently located in a jurisdiction that has prohibited non-medical marijuana facilities, the new proposed comprehensive facility must be in the same congressional district as long as the new location meets all the requirements of the constitutional provisions and Department regulations. Medical facilities may begin requesting to convert their license to a comprehensive license on Dec. 8, 2022. The Department has 60 days to act on a conversion request once received and if the Department fails to act during the 60-day window, the conversion request is deemed approved. www.mocities.com

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What is the difference between a comprehensive marijuana license and a microbusiness dispensary license?

marijuana dispensary facilities, marijuana microbusiness facility application fee is a refundable $1,500 and an annual $1,500 fee after the first year of licensure.

The key difference between comprehensive marijuana facilities and marijuana microbusiness facilities are the restrictions on who may own marijuana microbusiness facilities and the costs to secure and renew the license.

Amendment 3 explicitly restricts ownership of marijuana microbusiness facilities to individuals that meet at least one of Amendment 3’s enumerated qualifications. The qualifications for marijuana microbusiness facilities include individuals (1) having a net worth less than $250,000 and have an income below 250% of the federal poverty level for three of the 10 calendar years prior to applying for a marijuana microbusiness facility license; (2) have a service-connected disability card issued by the United States Department of Veterans Affairs; (3) have been or have had a parent, guardian or spouse that has been arrested for, prosecuted for or convicted of a nonviolent marijuana offense – excluding offenses relating to providing marijuana to minor or driving under the influence of marijuana – at least one year prior to the effective date of Amendment 3; (4) reside in certain distressed census tracts as defined by Amendment 3; or (5) graduated from or lives in a zip code containing an unaccredited school district for three of the past five years. As opposed to the non-refundable $3,000 application fee and $10,000 annual fee for comprehensive

How many microbusiness dispensary licenses will be issued?

In total, Amendment 3 requires that the Department issue 18 licenses for marijuana microbusiness facilities per Missouri’s eight congressional districts; however, Amendment 3 provides a staggered licensing scheme where the licenses are issued in groupings of six per congressional district.

In each grouping of six marijuana microbusiness licenses, the Department is required to issue at least two licenses for microbusiness dispensary facilities and at least four licenses for microbusiness wholesale facilities. The first group of six marijuana microbusiness facility licenses must be issued by the Department of Health and Senior Services by Oct. 4, 2023. The Department is required to issue sequent groups of six marijuana microbusiness facility licenses by June 30, 2024, and April 4, 2025.

Can a city vote to prohibit microbusiness dispensaries? And would this ban extend to banning comprehensive licenses?

Yes, the proposed amendment does authorize cities

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theReview November/December 2022

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Public Finance

to prohibit microbusiness dispensary facilities and comprehensive marijuana dispensary facilities. To prohibit microbusiness and comprehensive dispensary facilities, the city must place the question of prohibiting the facilities before voters at the November general election of a presidential election year starting in 2024. Additionally, for the prohibition to become effective at least 60% of the votes cast on the question must support the prohibition.

What about using marijuana in public? Do existing smoking bans apply to smoking marijuana? Does this include vape pens? Do medical marijuana cardholders enjoy certain rights/privileges over recreational users, especially in terms of public usage?

Local governments may enact ordinances or regulations governing “the time and place where marijuana may be smoked in public areas within the locality.” However, the Amendment limits the penalty. Specifically, a “person who smokes marijuana in a public place, other than in an area licensed for such activity ... is subject to a civil penalty not exceeding $100.” Whether existing smoking bans apply seems to depend on the language of the existing ban. Amendment 3, by its own language, does not “preclude, limit or affect laws that assign liability relative to, prohibit, or otherwise regulate … smoking marijuana in a location where smoking tobacco is prohibited.” So, if a local government currently has a smoking ban in place, it could apply to marijuana if the definition of “smoking” includes marijuana. Amendment 3 on its face does not grant any special rights or privileges over recreational users in terms of public use. The original language of Article XIV Sec. 1.1 stating the “section does not allow for the public use of marijuana” is unchanged. Sec. 1 is modified to include language stating a medical marijuana user is subject to a $100 civil penalty for smoking in a public place other than in an area licensed for such activity by the Department or by local authorities having jurisdiction over such activity. The current DHSS rules do allow an owner or entity in control of a public place to make a non-public place by providing one or more enclosed private spaces where a qualifying patient may consume medical marijuana.

Can a restaurant provide marijuana-infused items as part of its standard menu? Would they need a micro-dispensary license?

The amendment specifically authorizes cities to enact ordinances governing the “consumption of marijuana-infused products within designated areas, including the preparation of culinary dishes or beverages by local restaurants for onsite consumption.” Any entity seeking to sell marijuana – including infused products – would be required to obtain a comprehensive dispensary facility license or a microbusiness dispensary facility license. Amendment 3 does not permit non-licensed facilities, persons or businesses to sell marijuana or marijuana-infused products; however, it does authorize persons 21 years of age or older to distribute without consideration up to 3 ounces of dried, unprocessed marijuana, or its equivalent.

Existing state laws restrict the time of day during which alcohol may be sold. Are there similar provisions for marijuana? Can cities impose further restrictions on the time and place for places? Can zoning and other business license restrictions be applied? What are the ramifications of the Amendment’s prohibition on “unduly burdensome” regulations?

Amendment 3 does authorize cities to enact regulations governing the time, place and manner of the operation of marijuana facilities and entities with transportation certificates. Ordinances regulating the time, place and manner of the operation of marijuana facilities may be enacted utilizing zoning or business licensing authority as is commonly done with other businesses. Amendment 3’s addition of a definition for what is considered unduly burdensome when determining if a city has an implied ban on marijuana facilities transforms an otherwise objective test into a reasonably prudent businessperson standard. The proposed definition of unduly burdensome – applicable to medical marijuana facilities, comprehensive marijuana facilities, and marijuana microbusiness facilities – requires that the ordinance or regulation not “subject licensees or potential licensees to such a high investment of money, time or any other resource or asset that a reasonably prudent businessperson would not operate the marijuana facility.”

What about taxes?

The proposed amendment authorizes cities, after approval by voters, to impose an additional 3% sales tax on all tangible personal property retail sales of adult-use marijuana. The question to impose the tax may be placed on a ballot for a general, primary or special election. The first opportunity for cities to impose the additional adult-use marijuana sales tax is the April 2023 election. Certification of ballot questions for the April 2023 election must be done by Jan. 24, 2023.

Should a city impose the 3% local sales tax, the sales tax is collected by the Department of Revenue like other sales taxes imposed by cities. www.mocities.com

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What about personnel?

Amendment 3 does offer protections to certain marijuana users, specifically, it states an employer may not discriminate against a person in hiring, termination or any term or condition of employment or otherwise penalize a person if the discrimination is based on 1. Status as a qualifying patient or primary caregiver who has a valid identification card – unless the person was under the influence of medical marijuana on the premises of the place of employment or during the hours of employment; 2. A positive drug test for marijuana of a person who has valid qualifying patient identification card, unless the person used, possessed or was under the influence of medical marijuana on the premises of the place of employment or during the hours of employment.

Conversely, the protections do not apply if (1) the employer will lose a monetary or licensing-related benefit under federal law or (2) the employee is in a position in which the use of marijuana affects in any manner their ability to perform jobrelated employment responsibilities or the safety of others, or conflicts with a bona fide occupational qualification that is reasonably related to the person’s employment.

Section 2 makes clear that it “does not prohibit an employer from disciplining an employee for working while under the influence of marijuana” and “does not prevent an employer from refusing to hire, discharging, disciplining or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions or privileges of employment because that person was working while under the influence of marijuana.”

Federal laws require cities to drug test employees that need a CDL license as part of their job duties.

Do cities still need to test these employees? How will the new law affect situations when the CDL holder tests positive?

At the Federal level, the U.S. Department of Justice and U.S. Department of Transportation have stated the use of marijuana is illegal and that individuals who utilize marijuana may not own firearms or have a CDL. So, if an employee tests positive and loses a CDL, this is an example of both an employer losing a licensing-related benefit and the use of marijuana conflicting with a bona fide occupation qualification reasonably related to the person’s employment.

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What about employees in safety-sensitive positions, such as police and fire? Can they be tested for marijuana?

The protections do not apply to an employee using marijuana who is in a safety sensitive position.

Many cities have adopted drug-free workplace policies, some as a condition of acceptance of federal grant programs. Will cities need to modify these policies to comply with the new recreational marijuana amendment?

Amendment 3 does allow employers to continue to operate drug-free workplaces, but the city must tie the requirement to a potential monetary loss or a licensing-related benefit under federal law. For example, the Drug-Free Workplace Act requires that recipients of federal grants maintain a drug-free workplace and that all covered employees (e.g., employees involved in the actions paid for by the federal grant) must abide by the drug-free workplace policy. If the city or a covered employee violates the drug-free workplace policy, the city may be subject to repayment of the grant and additional penalties.

Padraic Corcoran and John Mullane are attorneys at Williams & Campo, P.C. that exclusively represent political subdivisions of the state of Missouri as general counsel (city attorney) and special counsel for litigation, economic development, land use and eminent domain.

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New! Revised Technical Bulletin!

The League has completed revisions to the MML technical bulletin, "Financial Management for Small Missouri Municipalities: Volume I Budgeting" (Oct 2022) (Finance).

This bulletin is part of a three-volume set designed for municipalities with populations of 1,000 or less and/or budgets under $100,000. Volume I, Budgeting, provides small municipalities with information regarding statutory requirements of budgeting, suggested budget calendar, revenue estimating and other areas. Sample forms are included.

October 2022

Financial Management For Small Missouri Municipalities Volume 1

Budgeting Price: $50.00 (Single copies available to member cities at no charge.

No unauthorized reproduction.)

Published by Missouri Municipal League 1727 Southridge Drive Jefferson City, MO 65109

Joan Jadali, finance director for Town and Country was instrumental in reviewing the updates to the new version of the guidebook. MML members may download free copies of the booklet on the MML website.

Non-members may purchase the booklet for $50.00.

To download your free copy or purchase the booklet visit:

www.mocities.com or contact us:

info@mocities.com | (573) 635-9134

www.mocities.com

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FEATURE Review

by Bill Eller

Water Infrastructure:

Cities Shouldering Most Of The Cost Water utilities are struggling with water loss, aging water infrastructure and rising maintenance costs across the country.

Bill Eller, senior vice president of business development at HomeServe, recently interviewed Carolyn Berndt, National League of Cities (NLC) legislative director of sustainability, about the unique challenges facing water utilities.

“Water loss is an inefficiency in the system, and beyond the loss of the actual water, it also means increased energy use

for the utility to pump water that isn’t getting delivered to a paying customer,” she said. “This boils down to extra costs for the utility and, ultimately, the rate payers.”

Water loss is linked to aging infrastructure, with much of U.S. infrastructure dating back to shortly after World War II. Some dates back more than 100 years and even some Civil War-era plumbing has been found in modern times.

Why is so much of this vital infrastructure so old? Local governments

No one can predict when service lines

will fail.

are making significant investment in local infrastructure, but the federal government is not matching the level of commitment.

“Local governments are responsible for funding 95-98% of the investments in water and sewer infrastructure,” Carolyn said. “Local governments have invested more than $2.3 trillion dollars between 1993 and 2019, and that is not adjusted for inflation. In 2019 alone, local governments spent $134 billion. And, even with this significant investment by local governments, many

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14

theReview November/December 2022

communities struggle to upgrade their drinking water and wastewater systems.”

In addition to funding most of the water and wastewater infrastructure improvements, local governments are limited in how they can raise money for those improvements. Smaller systems also have challenges in applying for federal funding and meeting federal grant requirements.

“If you look at the infrastructure funding gap, the federal loan and grant assistance to local governments has continued to decline in real dollars over the past decades for water infrastructure,” Carolyn said. “This really means that local governments are spending more of their own funds for water infrastructure improvements, and, again, because it’s funded largely from ratepayers and municipal bonds, this really falls on those ratepayers in terms of the cost.”

During that same 1993 to 2019 period, the federal government appropriated $2 billion annually for the Clean Water and Drinking Water State Revolving Funds, so the passage of the bipartisan infrastructure bill, with its billions set aside for drinking water and wastewater infrastructure and lead water line replacements, represents one of the largest federal investments in the vital infrastructure.

“The White House has resources to help local leaders and cities, towns and villages navigate the funding opportunities under the bill and to understand what the programs are, the timeline and who to contract,” Carolyn said. “They released a playbook 1 specifically for small and rural communities to identify the programs and sources of funds with specific set-asides for rural communities and some of the key flexibilities and benefits for rural communities. The National League of Cities is going to be there every step of the way for local leaders to help them find the programs that best suit their communities and maximize and leverage this historic opportunity.”

The NLC has partnered with Bloomberg Philanthropies to create a local infrastructure hub to aid small and mid-sized cities in applying for federal grants.

L e ar n m ore ab out t h e w at e r

How can we fund lead and copper projects in Missouri?

Projects such as line inventories and line replacement, can be funded under the Bipartisan Infrastructure Law (BIL). The law reauthorizes the Drinking Water State Revolving Fund capitalization grant allotment and expands the Drinking Water State Revolving Fund program with three new sources of supplemental funding in Federal Fiscal Years (FFY) 2022 through 2026.

Missouri’s estimated Drinking Water State Revolving Fund allotment over the next five years is approximately $747 million. These funds will be split as follows for various uses: • Drinking Water State Revolving Fund base program – FFY 2022 through 2026, approximately $223.3 million • Drinking Water State Revolving Fund supplemental – FFY 2022 through 2026, approximately $200.1 million • Drinking Water State Revolving Fund Lead Service Line Replacement – FFY 2022 through 2026, approximately $255.6 million • Drinking Water State Revolving Fund Emerging Contaminants – FFY 2022 through 2026, approximately $68 million Note: Water systems that wish to take advantage of this funding for lead service line revisions must complete inventories by Oct. 16, 2024, to be eligible for the funding.

What are other available funding sources for water infrastructure (both clean water and drinking water)?

In addition to the Bipartisan Infrastructure Law, there are numerous other sources of funding to assist with infrastructure issues related to water. The Missouri Department of Natural Resources (MoDNR) provides subsidized loans and additional subsidization (grant and principal forgiveness loans) through the Clean Water and Drinking Water State Revolving Fund programs.

The EPA provides financing through the Water Infrastructure Finance and Innovation Act Program. The U.S. Department of Agriculture – Rural Development has funds available through various programs in their agency.

Community Development Block Grants administered through the Missouri Department of Economic Development (MoDED) are another source of infrastructure funding.

The American Rescue Plan Act (ARPA) is a valuable source of funding and $2.6 billion was allocated by the federal government to the state of Missouri, as well as funds that were allocated to each county and each municipality in the state. The Governor’s budget recommendation appropriated $410 million in state ARPA funds to invest in Missouri’s water infrastructure through community grant programs administered by MoDNR. This was appropriated by the General Assembly in spring of 2022. The Missouri Department of Natural Resources will offer four grant programs; wastewater, drinking water, storm water and lead service line inventories. Other state agencies may also have additional federal and state funds for municipal projects. infrastructure, affordability and scarcity challenges facing local governments and the innovations that can help address these obstacles in Bill and Carolyn’s 20-minute interview. The video can be found here: https://servicelinepartner. com/water-infrastructure-citiesshouldering-most-of-the-cost/

Bill Eller is senior vice president of business development at HomeServe. Learn more about HomeServe at www.servicelinepartner.com.

End Notes: https://www.whitehouse.gov/build/rural/

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theReview November/December 2022

101022

FAQ: Mayor Pro Tempore

by Allen Garner

Missouri Statutes provide for city councils and boards of aldermen to elect a mayor pro tem from among members of the legislative body following the body’s election and installation.

Here are some frequently asked questions regarding mayor pro tem in the state of Missouri.

“Pro tem” sounds like some fancy Latin term.

What does it mean?

Pro tem is an abbreviation of the Latin phrase pro tempore, that means “for the time being” or “temporary.” So that is the first thing to know about the mayor pro tem. The mayor pro tem serves temporarily in place of the mayor when the mayor is absent or effectively unavailable.

What are the duties of the mayor pro tem, and do they differ in third-class, fourth-class and charter cities?

Cities operating with a charter set forth the office and duties of the mayor pro tem within the charter. See MML’s Model City Charter for guidance.

For third-class cities, Chapter 78, Section 560 of the Revised Missouri Statutes provides that at the time of its organizing, the mayor and city council shall elect a mayor pro tem.

Paragraph four states, “If the mayor be temporarily absent from the city, or become temporarily disabled from any cause, his duties shall be performed during such absence or disability by the chairman pro tem. In the absence of both the mayor and chairman pro tem the other members of the city council shall select one of their number to perform the duties of mayor.”

RSMo78.560

which meeting shall occur at the time fixed by ordinance, but shall not be later than the fourth Tuesday in April — the council shall elect one of its members president pro tem, who shall hold his office for the term of one year.”

For fourth-class cities, RSMo79.090 states, “The board shall elect one of their own number who shall be styled ‘acting president of the board of aldermen’ and shall serve for a term of one year.” (emphasis added)

Is there a time period when city councils are supposed to elect a mayor pro tem?

In third- and fourth-class cities, procedures are similar and should be done at the organizational meeting each year.

Can a mayor pro tem be elected by secret ballot?

No. While the statutes do not specify the manner of conducting the election, the process is governed by the Sunshine Law (Chapter 610 RSMo). Many municipalities use some version of Robert’s Rules of Order that requires a nomination, second and vote. The governing body may vote during a public meeting by voice vote or roll call vote. (Missouri Attorney general Opinion No. 139-81)

Is it a conflict of interest for an alderman to vote for themselves to be the mayor pro tem?

No.

For fourth-class cities, Chapter 79, Section 100 states “When any vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or from any other cause whatever, the acting president of the board of aldermen shall, for the time being, perform the duties of mayor, with all the rights, privileges, powers and jurisdiction of the mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the mayor’s return.” RSMo79.100

Is a municipality required to have a mayor pro tem?

The statutes say yes.

For third-class cities, RS Mo 77.070 states, “At the first regular meeting of the city council after the election in each year — www.mocities.com

17

Can the mayor pro tem retain voting rights as a council member while performing mayor pro tem duties?

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What is the term length for mayor pro tem, and is there a term limit for serving as mayor pro tem?

Both RSMo 77.070 and 79.090 specify a one-year term for mayor pro tem. There are no term limits for being elected mayor pro tem unless imposed by the municipality.

How long will the mayor pro tem serve as acting mayor in the mayor’s absence? What if the mayor resigns?

The mayor pro tem serves as acting mayor only in the case of a temporary absence of the mayor. When a vacancy occurs in the office of mayor, a new mayor is appointed by the council, or by special election.

The statutes offer additional information: “When any vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or from any other cause whatever, the acting president of the board of aldermen shall, for the time being, perform the duties of mayor, with all the rights, privileges, powers and jurisdiction of the mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the mayor’s return.” (RSMo79.100)

If an alderman is acting as mayor pro tem do they get the same pay as the mayor?

The practical answer would be driven by the length of the period in which the pro tem acts as mayor. If it occurs for a brief period compensation would not have to be adjusted. If performing all duties for a significant length of time, it would be appropriate for the mayor pro tem to receive the mayor’s regular compensation when actively serving in the absence of the mayor. RSMo 79.100 states, “ … the acting president of the board of aldermen shall, for the time being, perform the duties of mayor, with all the rights, privileges, powers and jurisdiction of the mayor.”

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theReview November/December 2022

Yes. “The mayor pro tem does not forfeit his or her seat on the board of aldermen.

When presiding and calling for a vote, the pro tem still votes on the issues as an alderman. In rare circumstances when the pro tem is presiding and the vote is tied, he or she breaks the tie.” (Rules for Fourth-Class Cities)

What if both the mayor and the mayor pro tem are absent?

“In the absence of the mayor and (president) mayor pro tem, the council or board may elect one of its members present to preside at such meetings, who shall be styled “acting (president) mayor pro tem.” RSMo77.070, paraphrased.

Does the ability to conduct business virtually mean the mayor can continue serving as mayor while on an extended leave of absence, such as spending winters in a warmer climate (snowbird)?

MO Sunshine Law (RSMo 610) does provide virtual attendance counting for quorum and voting by video conference. “Public meeting, any meeting of a public governmental body subject to Sections 610.010 to 610.030 at which any public business is discussed, decided or public policy formulated, whether such meeting is conducted in person or by means of communication equipment, including, but not limited to, conference call, video conference, internet chat or internet message board.” (RSMo 610.010(5)

If the mayor is out of town, does the mayor pro tem automatically take over as mayor, or does there need to be formal action by the mayor or council to officially transfer power?

The key question is whether the mayor is unable to perform the duties of mayor, and whether there is a necessity to activate the mayor pro tem as acting mayor, due to the mayor being effectively absent. Necessity is the key element. If the mayor commutes to a neighboring community for a job daily but is able to perform the duties of mayor there is no need for the mayor pro tem to become acting mayor for a few hours.

If, on the other hand, the mayor will be traveling to a location where it would not be practical to perform a needed action, the mayor or council may ask the mayor pro tem to serve as acting mayor during the absence.

Allen Garner is the sole proprietor of Allen Garner Law, LLC, engaged in the practice of law with an emphasis on local government, labor, mediation and arbitration. He also provides general risk management advice and solutions particularly as it relates to units of local government.

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FEATURE Review

by Shawn Moore

Missouri's Hidden Heroes

(l-r) Jessica Laurent, Sen. Elizabeth Dole, Kansas City Council Member Heather Hall, Shawn Moore.

In 2 0 1 5 , T he E l i z ab e t h D ol e Foundation commissioned the Rand Corporation to conduct the first comprehensive, evidence-based national study of military and veteran caregivers and their needs. The study revealed a societal crisis: an estimated 5.5 million Americans care for injured or ill service members and veterans. These caregivers are moms, dads, siblings, adult children, spouses, partners and friends. Sen. Elizabeth Dole coined the term “Hidden Heroes” to describe these caregivers.

Hidden from the communities they live in and the systems that support our nation’s wounded and/or ill veterans, military and veteran caregivers provide $14 billion of uncompensated care each year that ultimately has led to a decline in their own mental health and wellbeing.

Caregivers have been thrust into roles they never imagined with little to no education on how to provide care to their injured loved ones.

According to the Rand study, “Military caregivers consistently experience worse health outcomes, greater strains in family relationships, and more workplace problems than non-caregivers, and post 9/11 military caregivers fare worst in these areas.” The study goes on to say “We found that key aspects of caregiving contribute to depression, including time 20

theReview November/December 2022

spent giving care and helping the care recipient cope with behavioral problems.

Perhaps even greater concern, between 12% (of pre-9/11 military caregivers) and 33% (of post-9/11 military caregivers) lack health care coverage, suggesting that they face added barriers to getting help in mitigating the potentially negative effects of caregiving.”1 In a study from 2021, Dr. Roxana Delgado et al. found that 23.6% of veteran spouses had suicidal ideations after becoming a caregiver. Without a healthy caregiver, the veteran will continue to suffer. As a nation, we must make caring for the caregiver a priority.2 These startling statistics show why our cities and states must come together to support these caregivers. According to the American Community Survey (21052019) there are 2.3 million children living in disabled veteran homes. Due to the needs of these veterans, the children become secondary caregivers and take on more responsibility than their civilian counterparts. These responsibilities can include taking care of younger siblings, household chores and caregiving for their veteran parent. Prior research suggests negative outcomes for children growing up in military caregiving homes.3 Marote et al. (2012) conducted a review of 21

studies of child caregivers and found that children who are caregivers were more likely to experience isolation and have fewer opportunities to interact with their peers and develop friendships.4 Marote also found that these children have increased feelings of stigmatization.

Finally, Marote found that these children have more health problems such as stress, burnout and fatigue.

With the help of Kansas City Council Member and MML Board Member Heather Hall, Kansas City became a Hidden Heroes City in 2017. Since then, several other Missouri cities – Independence, Cameron and Pleasant Valley – have also come on board to help get the word out about how to support these hidden heroes and hidden helpers.

Shawn Moore, a veteran caregiver herself, and executive director and founder of Caregivers on the Homefront is an alumna Missouri Dole Caregiver Fellow. She cares for her husband, a 23-year Army veteran. Caregivers on the Homefront is based out of Kansas City and serves a nationwide audience with mental health and wellness programs. She knows firsthand how much caregivers need support and how to connect them with resources.

The one thing our communities can

do to offer support is to make sure we are providing opportunities for veteran caregivers to connect with other peers and receive mental health support.

This is vital to prevent against veteran homelessness, divorce and suicide.

By becoming a Hidden Heroes city, Missouri cities can recognize caregivers and help identify their needs in the community. It is a simple process that begins with emailing Shawn and obtaining a toolkit with resources and suggestions, such as posting information on a city website, social media posts, and including family members as part of veteran care and recognition that may alrady be taking place.

To obtain more information on how your city can become a Hidden Heroes City and how you can support veteran and military family caregivers and their children, contact Shawn Moore for a toolkit and learn more at https:// caregivers-homefront.org/.

Shawn Moore is the founder and executive director of Caregivers on the Homefront. She is also a 2017 alumna Elizabeth Dole Foundation Caregiver Fellow for the state of Missouri.

Contact her at shawn.moore@caregivershomefront.org.

End Notes: Ramchand, Rajeev, Terri Tanielian, Michael P. Fisher, Christine Anne Vaughan, Thomas E. Trail, Caroline Batka, Phoenix Voorhies, Michael W. Robbins, Eric Robinson, and Bonnie Ghosh-Dastidar, Hidden Heroes: America’s Military Caregivers, Santa Monica, Calif.: RAND Corporation, RR-499-TEDF, 2014. As of October 19, 2022: https://www.rand.org/pubs/ research_reports/RR499.html

1

Delgado, R. E., Peacock, K., Wang, C.-P., & Pugh, M. J. (2021). Phenotypes of caregiver distress in military and veteran caregivers: Suicidal Ideation Associations. PLOS ONE, 16(6). https:// doi.org/10.1371/journal.pone.0253207

2

Children who live in homes with caregivers and veterans have the opportunity to pair up with other teens/tweens as part of the Homefront Hangout progam.

Contact Shawn Moore with Caregivers on the Homefront at

shawn.moore@caregivers-homefront.org. As a first step, the city or county passes a Hidden Heroes Resolution or proclamation.

This pledge outlines steps the city will take to identify military and veteran caregivers and increase local awareness and support services for them.

Next, the community designates a local point of contact, from the public or private sector, to spearhead the initiative and interact with the Hidden Heroes team.

Deploy an action plan to identify the military and veteran

caregivers in your community by working with the Dole Caregiver Fellows in your state.

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Marote, A.S.F., C.A. Pinto, M.dR. Vieira, M.dC.A. Barbiéri-Figueiredo, and P.M.N. Pedrosa.

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theReview November/December 2022

LOCAL GOVERNMENT Review

by Christine Allgood

Family Of Former Joplin Fire Chief Connects With Joplin Fire Dept. Display A new display detailing the history of the Joplin Fire Department recently caught the eye of a family walking through the Joplin History and Mineral Museum. As three generations of the family made their way through the museum, they spotted the familiar face of former Joplin Fire Chief Thomas Earl Fowler. He is displayed seated on one of the first gasoline-powered firefighting machines in the nation, lovingly nicknamed “The Goat” for its quickness and agility, which tops the display. The great, great, great, niece of Thomas Earl Fowler, Tina Baker, informed museum staff that the picture being used had been donated by her grandfather, Clifford Brand.

“The Goat” was a modified 1906 Buick equipped with a 60-gallon water tank, 300 feet of hose, and two hand extinguishers. The Joplin City Council purchased this motorized

Clifford Brand (center) poses with his family holding a cutout photo of former Joplin Fire Chief Thomas Earl Fowler, sitting in “The Goat.”

About The Museum The Joplin History & Mineral Museum has been an educational cornerstone since 1931. The museum is a learning center providing educational programming and exhibitions for persons of all ages.

The Everett J. Ritchie Tri-State Mineral wing displays the world’s most prestigious collection of tri-state mineral specimens. Visitors will learn about the importance of mining in Joplin’s history through scale models, mined specimens and mining equipment on display, and will walk away with an understanding of the role that minerals play in our everyday lives. Visitors will also encounter a small collection of natural history specimens including mammoth teeth, projectile points and dinosaur bones.

The Dorothea B. Hoover historical wing displays snapshots of Joplin’s rich history. From the humble shovel to the House of Lords, to Bonnie & Clyde’s infamous shootout to the 2011 tornado, visitors will learn about the key figures, events and locations that have impacted Joplin’s transitional development over the last 150 years. The Dorothea B. Hoover historical wing also houses the National Cookie Cutter Historical Museum, the Joplin Fire Department’s 1926 American LaFrance Fire Engine, and a variety of rotating exhibits that lend understanding to the diversity of history that can be found in the Joplin area. Learn more at www.joplin-museum.org.

www.mocities.com

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vehicle for $1,750 (the modern equivalent of $5,500).

This groundbreaking life- and property-saving tool was used by Joplin for many years but was dismantled before World War I and modified into an inspection truck for the city electrician.

Thomas Earl Fowler is pictured with the Joplin Fire Department as early as 1902 and became a fire chief for Joplin before he retired. His family has spread across the United States but visited the museum during their most recent reunion in September. They were excited to see a beloved family member remembered, and the museum staff was thrilled to make a personal connection with Joplin’s narrative that brought history back to life.

Christine Allgood is a museum assistant with the Joplin History & Mineral Museum.

Thomas Earl Fowler is pictured with the Joplin Fire Department as early as 1902 and became a fire chief for Joplin.

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theReview November/December 2022

Employee Surveys

LOCAL GOVERNMENT Review

MML Welcomes New Leadership The Missouri Municipal League elected city of Moline Acres Mayor Michele DeShay as president and Harrisonville Alderman Matt Turner as vice president during the organization’s annual conference. In addition, the League elected two new members to serve on the MML Board of Directors, Chillicothe Council Member Reed Dupy and Kearney Alderman Gerri Spencer.

Mayor DeShay has served as mayor of Moline Acres in north St. Louis County for 14 years. She previously served three terms (six years) as alderperson and president of the board. During her service to the City, she was recognized by Annie Malone Children & Family Services as one of the Heroines of 2008.

She has been active with the Missouri Municipal League, serving on the MML Environment, Energy and Sustainable Policy Committee since 2010 and on the MML Board of Directors since 2018.

She was recently honored with the 2022 North County Leadership Award from the NAACP St. Louis County Branch.

Mayor DeShay serves as chair of the Fannie Lou Hamer Democratic Coalition of St. Louis County, which advocates for African American elected officials, candidates for office and those who would like to enter politics. She established the first flagship city of the Infinite Scholars Program in the U.S. The program is designed to help youth with their education and attend college, and has since expanded to the cities of Detroit, Chicago and Atlanta.

DeShay is an advocate for men’s health and prostate cancer through The Empowerment Network (T.E.N.). She is a member of the Teamsters National Black Caucus, the Teamster’s Women’s Caucus, and the Missouri Attempt.

DeShay also works to raise awareness to mental health

after the suicide of her son Cedric.

Mayor DeShay is a native of St. Louis, Missouri, and 1980 graduate of Normandy High School. She is a retired Teamster (Local 688).

She is married to Dennis DeShay. They have two children, six grandchildren and three great-grandchildren. She attends New Northside Missionary Baptist and enjoys time with family, traveling, making jewelry and her church.

Matt Turner was elected to the Harrisonville Board of Aldermen in 2016. He also serves as the vice-president/treasurer of the Cass County League of Cities.

Since being elected, he has served on various committees such as public works, community development, safety and as the planning and zoning liaison.

In 2017, Turner earned his Certified Municipal Official certificate from the Municipal Governance Institute. He is currently enrolled in the advanced program. He was elected to the MML Board of Directors in 2020, serving on the MML Innovation Awards Committee and MML Scholarship Committee. He also serves as a member of the MML Municipal Administration Intergovernmental Relations Committee.

Turner currently serves as a trustee on his church board, member of the finance committee and financial recorder for the church. He grew up in Harrisonville and has always contributed to his community. He volunteered with the Harrisonville Fire Department for several years and served on the Board of Zoning Adjustments until becoming elected to the Board of Aldermen.

He is an industrial electrician and has been with General Motors at the Fairfax Assembly Plant for more than 23 years. He is married to his wife, Kim, and has two children, Kaylee and Kaden. www.mocities.com

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A native of Chillicothe, Reed Dupy has served on the Chillicothe City Council since 2011. He has served on the MML Municipal Administration and Intergovernmental Relations Committee, serving as chairman for the past two years. Dupy has also been on the MML Resolutions Committee for three years. He is a Certified Municipal Official and will soon finish the advanced program through the MML Municipal Governance Institute.

Society and works approximately 30 contests each year in a five-state area.

Dupy has served with the Chillicothe Main Street Board of Directors, Hedrick Medical Center Board and the Sliced Bread Innovation Center Board. He serves on the Grand River Multipurpose Center Board (Senior Citizens Center Governing Board), Chillicothe Resource Center Board and delivers Meals on Wheels daily with his wife, Terri.

Spencer recently completed a two-year term as president of the Kearney Chamber of Commerce. She has served as the director/curator of the Kearney Historic Museum since it opened in 2006. Spencer has a long history of public service and currently serves on a variety of committees, boards and commissions, both local and within her county.

Dupy graduated from Northwest Missouri State University with a degree in business marketing. He is also a Master Certified Barbecue Judge with the Kansas City Barbecue

Spencer considers her most rewarding and favorite job to be the proud Gigi (grandmother) to five fabulous granddaughters!

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theReview November/December 2022

Gerri Spencer has been an alderman for the city of Kearney for more than a decade. She has served as secretary, vice-president and president of the Westgate Division of MML. She also joined the MML Economic Development and Human Resources Policy Committee earlier this year.

Thank You!

You made it a wonderful Annual Conference in Osage Beach!

NUMBERS = 576

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NUMBER OF EXHIBITORS

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NUMBER OF SPEAKERS

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REVIEWS The MML Conference was excellent! Great speakers and invaluable information.

Excellent conference. Great speakers. Way more vendors than I expected. Was good to catch up with a few that we are currently using.

Loved MML this year, this may have been my favorite conference so far. All the sessions I attended were engaging and educational.

I am looking forward to MML in Kansas City.

This was my first time attending the MML Conference. I thought it was wonderful and full of great information and networking.

This was my first MML conference and I loved every second of my experience. It was apparent that the MML team put a lot of time, effort and careful consideration into planning this event and it was VERY impressive and very much appreciated.

Mark Your Calendars to join us September 10-13, 2023, in Kansas City! www.mocities.com

27

LOCAL GOVERNMENT Review

MML 88th Annual Conference

September 11-14, 2022 Margaritaville Lake Resort, Osage Beach, Missouri

Save The Date! Join us September 10-13, 2023, in Kansas City!

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theReview November/December 2022

www.mocities.com

29

LOCAL GOVERNMENT Review

New Class Of Missouri Certified Local Government Officials And First Inaugural Class Of Advanced Certified Municipal Officials Honored At MML Annual Conference Forty Missouri municipal officials have completed training through the MML Municipal Governance Institute (MGI), with 15 of the officials honored as the inaugural class of the new Advanced Municipal Governance Institute (AMGI).

The Municipal Governance Institute was created under the direction of the Missouri Municipal League’s board of directors, to provide a training program focused on the important areas municipal officials and professional staff need to best serve their communities. As the program evolved, the advanced program was begun to further instruct local officials on the challenges they face in local government.

“All MGI and AMGI participants spend many hours over several years attending workshops and lectures on the finer points of municipal government,” said MML Executive Director Richard Sheets. “Earning the Certified Missouri

Offical designation is a significant achievement, and I commend all participants for their dedication to become better informed and more effective municipal officials.”

To qualify for the Certified Municipal Official designation, participants must complete 16 credit hours in subjects ranging from the Missouri Open Meeting Law to budgets to planning and zoning. The advanced certification program requires an additional 14 core hours and three capstone projects in community service, advocacy, and leadership.

Recipients of the MGI certification are: Elizabeth Althoff, Legislative & Communications Coordinator, Missouri LAGERS Scott Avery, formerly with Houston Shawn Bolerjack, Alderman, Salem

OFFICES AROUND THE COUNTRY

AND IN YOUR BACKYARD.

Andrea Cunningham, City Clerk, Belton Andrew Dawson, Mayor, Sedalia Erin Ford, Administrative Assistant/Assistant City Clerk, Blue Springs Joe Garritano, Council Member, Wildwood Martin Ghafoori, Managing Director, Stifel Tammy Hamblen, Wastewater Supervisor, Carrollton Christopher Hammann, Police Chief, New Haven

12655 Olive Blvd.

Suite 200 St. Louis, MO 63141

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theReview November/December 2022

WWW.SIKICH.COM

314.275.7277

Shanon Hawk, Vice President of Government Affairs, AT Government Strategies Rachel Holcomb, formerly with Neosho Robert Hudson, Alderman, Centralia

Nathan Lewis, Chief of Police, Merriam Woods Village Chris Lievsay, Council Member, Blue Springs Celeste McGee, Alderman, Vinita Park Kim Nakahodo, Deputy City Administrator, North Kansas City Mark Parker, Asst. City Administrator, Saint Robert Ryan Rinehart, Vice Chairman, Village of Diggins Brandon Ruediger, City Administrator, Holts Summit Garret Schmidt, Alderman, Clever

Laura Cather, Kimberling City

Bill Sherman, Mayor, Duquesne Chena Simmons, Executive Assistant, Branson Ivone Smith, City Administrator, Malden Shannon Sullivan, Village Clerk, Village of Four Seasons Hanna Thomas, formerly with Holts Summit

Recipients of the AMGI certification are: Kelly Beets, MIRMA Laura Cather, City Clerk, Kimberling City Andrew Dawson, Council Member, Sedalia

Cheyenne Wright, Neosho

I enjoyed the courses that gave me an overall view of the running of city government. I am the city clerk, and sometimes forget to venture outside of my bubble that I work in to look at the bigger picture of what other departments are doing. I will have a better overall idea of the running of the city, as well as planning and helping to move the City forward.

Gregg Sartorius, St. Peters

Benjamin DeClue, City Administrator, Glendale

Kelly Beets, MIRMA

Anita Ivey, City Administrator, St. Robert John Manning, formerly with Branson Michael Myers, Alderman, St. Robert

Mark Parker, Asst. City Administrator, St. Robert Ryan Rinehart, Trustee, Village of Diggins Heather Russell, formerly with Centralia Gregg Sartorius, Alderman, St. Peters Bill Sherman, Mayor, Duquesne Charles Slider, Alderman, St. Robert Joyce Townsend, Alderman, St. Peters Cheyenne Wright, City Clerk, Neosho If you would like to learn more about MGI and how to become a Certified Municipal Official, or learn more about the Advanced program, visit www. mocities.com/certifications.

AMGI Testimonials

The Municipal Governance Institute (MGI) and the Advanced Municipal Governance Institute (AMGI provided by the Missouri Municipal League has been well worth my time and energy to learn more about the roles and responsibilities of an elected official in Missouri. The courses were informative and provided insight into the many aspects of city management, governance and opportunity to serve my constituents, city staff and the community at large. Fortunately, I had other members of the board completing the courses at the same time, leading to excellent discussions about issues we all face. As a former educator, I am always learning and appreciated the opportunity to enhance my ability to serve by participating in these two outstanding programs. Thank you Missouri Municipal League for providing this and many other learning opportunities for public servants to excel at the various positions in city governance.

Charles Slider, Alderman, St. Robert

Gregg Sartorius and Joyce Townsend, St. Peters

I gained a broader view of how a government leader can impact their community by knowing how to utilize outside organizations as well as building a community of excellence! www.mocities.com

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LOCAL GOVERNMENT Review

MML Innovation Awards And Distinguished Service Award Winner MML Innovation Awards 2022 Four cities were honored with MML Innovation Awards at the MML Annual Conference. Awards are based on city population, except for the Member Choice award, where MML members vote for their favorite projects regardless of city size. This year, MML received 17 nominations from municipalities statewide, demonstrating the creativity

and ingenuity within local government. It also illustrates the valuable partnerships city officials are developing with other cities, nonprofit organizations, businesses and citizens. Learn more about these projects in the July issue of the Review or visit the Innovation Awards page on the League website at www.mocities.com

Extra Large-sized City (pop. > 30,000), & Member Choice

Medium-sized City (pop. between 5,000-15,000)

Large-sized City (pop. between 15,000-30,000)

Small-sized City (pop. < 5,000)

City of St. Peters • GOLD GROW Biosolids Compost

City of Nixa • Sensory Path

City of Willard • Jackson Street Park Solar Project

Campbell • The Downtown Project

2023 MML Innovation Awards 2022

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theReview November/December 2022

Showcase Your Community!

Learn more at www.mocities.com

Missouri City View explores the dedicated work happening in municipalities and how it directly impacts Missouri citizens.

PODCAST Kathy Rose Honored With 2022 MML Distinguished Service Award

Listen and subscribe anywhere you download your podcasts!

Building Resilience & Sustainability

The Missouri Municipal League (MML) is honored to present Riverside Mayor and former MML President Kathy Rose with the MML Distinguished Service Award.

The award honors a current or former Missouri municipal official who has made outstanding contributions to the Missouri Municipal League.

The selection committee considers a candidate’s length of service, enthusiasm and dedication, participation in MML activities and outstanding leadership in the association.

By utilizing time proven technologies and processes, Trane helps government agencies enhance indoor environments critical to providing public services. As experts in improving air quality, security and energy efficiency, Trane is your organization’s partner for building resiliency and sustainability.

Unleash the potential of your building Contact Trane | 314-374-9233 | trane.com/government Trane is a DOE qualified Energy Services Company (ESCO), GSA contract holder, and OMNIA Purchasing Program Partner

Learn more about Kathy Rose and her work with Riverside at www.mocities. com.

© 2020 Trane. All Rights Reserved.

DEEP BENCH. COMPLETE FOCUS. A law firm dedicated to the practice of municipal law.

(l-r) Immediate Past President and Wildwood Council Member Joe Garritano, MML Past President and Riverside Mayor Kathy Rose, and MML President and Moline Acres Mayor Michele DeShay.

816-525-7881 LauberMunicipalLaw.com The choice of a lawyer is an important decision and should not be based solely on advertisements.

www.mocities.com

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MEMBER News 2023 Outstanding City Clerk Award Nominations The Missouri City Clerks & Finance Officers Association (MoCCFOA) invites nominations for the 2023 Outstanding City Clerk Award. This award recognizes a city clerk or finance officer and is designed to recognize an organizational member who has demonstrated outstanding service and commitment to their municipality, community and professional organizations. Nominations are due by Jan. 15, 2023.

This award will be presented at the annual MoCCFOA banquet in March 2023 in Columbia, Missouri.

Minimum requirements for the Outstanding Clerk Award are: • Held a position of city clerk or finance officer for a municipality in the state of Missouri, serving at least five (5) years • Active, participating member in good standing with the Missouri City Clerks and Finance Officers Association for at least five (5) years

• Has attained the Missouri Registered City Clerk (MRCC) or the IIMC Certified Municipal Clerk (CMC) designation Nominations may be submitted by a municipal official or by a MoCCFOA member. The nomination form is available at www.moccfoa.org/outstanding-clerks, or by contacting Debbie Ryan, chair, at dryan@ofallon.mo.us.

40 Under 40

Ozark Police Chief Justin Arnold was selected by the International Association of Chiefs of Police (IACP) as a 2022 recipient of its 40 Under 40 honor. He has worked in nearly every capacity with the Ozark Police Department since joining the force in 2005. Arnold was appointed chief in 2019 and later that year championed the Hero in Training program, which engages and educates children about policing and last year earned a Missouri Municipal League Innovation Award. IACP honorees represent law enforcement agencies from seven countries across four continents.

For your next financing, Realize the Power of Partnership

®

At Piper Sandler, we cultivate creative ideas and tailored solutions that serve client interests first and foremost.

Instead of leading with what’s best for us, we start with what matters to you.

Todd Goffoy Managing Director Public Finance +1 913 345-3373 todd.goffoy@psc.com

Chris Collier Managing Director Public Finance +1 314 726-7535 chris.collier@psc.com

PiperSandler.com Since 1895. Member SIPC and NYSE. © 2022 Piper Sandler & Co. 7/22 CM-22-1105

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theReview November/December 2022

Matt Courtney Vice President Public Finance +1 913 345-3355 matthew.courtney@psc.com

Hannah Snyder Assistant Vice President Public Finance +1 913 345-3302 hannah.snyder@psc.com

Thank you for serving your community!

Funding Opportunities

MML works with state and federal agencies to increase funding and partnering opportunities for cities and villages.

Your Questions Answered

From animals to zoning, your municipal questions are promptly answered by expert MML staff.

Did you know MML serves as a united voice for more than 650 Missouri cities, towns & villages?

Lobbying at the Capitol

Contact MML today to learn more about the valuable resources we offer!

Members Only Publications & Website

MML represents your community at the state and federal level. The League works to protect local decisions for local communities.

Members receive the MML Review magazine, e-newsletter, technical bulletins and legislative updates, as well as access to MML’s online library of sample ordinances, municipal survey results and more.

Training and Networking

Learn and network through conferences, training sessions, regional meetings, webinars and the MML Municipal Governance Institute.

www.mocities.com

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MEMBER News & Notes MML Calendar of Events November 2022 17 �����MML Webinar: Integrated Planning in Missouri 17-19 �����National League of Cities' City Summit, Kansas City, Missouri 18 �����2022 Mo-GFOA Fall Seminar 29 �����MML Webinar: Best Practices in Construction Partner and Process Selections

December 2022 1 �����Pre-filing of Legislation for the 2023 Session Begins 6-7 �����Missouri S&T Asphalt Conference

January 2023 4 �����First Session of the 102nd Missouri General Assembly Convenes 15 �����MoCCFOA Outstanding City Clerk Nominations Due 26-27 �����Strategic Government Resources Servant Leadership Conference (Hybrid)

February 2023 21-22 �����MML Legislative Conference Find more events and details on www.mocities.com and in the MML e-newsletter.

Missouri Municipal League

WEBINARS

Quality Training Without Leaving Your Office Or Home!

Learn more at:

www.mocities.com

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theReview November/December 2022

PS Form 3526

Statement of Ownership, Management, and Circulation (All Periodicals Publications Except Requester Publications)

1. Publication Title MISSOURI MUNICIPAL LEAGUE/MISSOURI MUNICIPAL REVIEW

2. Publication Number 355520

ISSN 266647

3. Filing Date 09/30/2022

4. Issue Frequency BI-MONTHLY

5. Number of Issues Published Annually 6. Annual Subscription Price 5 $ 30.00

7. Complete Mailing Address of Known Office of Publication 1727 SOUTHRIDGE DR JEFFERSON CTY, na, MO 65109-5675

Contact Person MO MUNICIPAL LEAGUE Telephone (573) 635-9134

13. Publication Title

14. Issue Date for Circulation Data Below

MISSOURI MUNICIPAL LEAGUE/MISSOURI MUNICIPAL REVIEW 15. Extend and Nature of Circulation

09/01/2022 Average No. Copies Each Issue No. Copies of Single Issue During Preceding 12 Months Published Nearest to Filing Date

a. Total Numbers of Copies (Net press run) Mailed Outside County Paid Subscriptions Stated on PS (1) Form 3541(include paid distribution above nominal rate, advertiser's proof copies, and exchange copies) Mailed In-County Paid Subscriptions Stated on PS Form b. Paid Circulation (2) 3541(include paid distribution above nominal rate, advertiser's proof copies, and exchange copies) (By Mail and Outside Paid Distribution Outside the Mails Including Sales the Mail) (3) Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS

8. Complete Mailing Address of Headquarters or General Business Office of Publisher Missouri Municipal League 1727 Southridge Dr. Jefferson City, MO 65109 Missouri Municipal League, 1727 Southridge Dr. 9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor Publisher (Name and complete mailing address) Laura j Holloway 1727 Southridge Dr. St. Louis, MO 65109 1727 Southridge Dr.

2011

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1707

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Paid Distribution by Other Classes of Mail Through the (4) USPS (e.g. First-Class Mail) c. Total Paid Distribution (Sum of 15b (1), (2), (3), (4))

Editor (Name and complete mailing address) Laura Holloway 1727 Southridge Dr. St. Louis, MO 65109

(1) Free or Nominal Rate Outside County Copies included on PS Form 3541

Managing Editor (Name and complete mailing address) Laura j Holloway SOUTHRIDGE DR JEFFERSON CITY, MO 65109-5675 10. Owner (Do not leave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well as those of each individual owner. If the publication is published by a nonprofit organization, give its name and address.)

Full Name

Complete Mailing Address

Laura j Holloway

SOUTHRIDGE DR, MISSOURI MUNICIPAL LEAGUE, JEFFERSON CITY, MO 65109-5675

d. Free or (2) Free or Nominal Rate In-County Copies included on Nominal PS Form 3541 Rate Distribution (By Mail and Free or Nominal Rate Copies Mailed at Other Classes Outside the (3) Through the USPS (e.g. First-Class Mail) Mail) or Nominal Rate Distribution Outside the Mail (4) Free (Carriers or other means) e. Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3), (4)) f. Total Distribution (Sum of 15c and 15e)

0

0

2032

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g. Copies not Distributed

11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Hoding 1 Percent or More of Total Amount of Bonds. Mortgages, or Other Securities. If none, check box Full Name Complete Mailing Address Laura Holloway

PS Form 3526, September 2007 (Page 1)

0

0

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100.00 %

100.00 %

a. Paid Electronic Copies

0

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b. Total Paid Print Copies(Line 15C) + Paid Electronic Copies

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c. Total Print Distribution(Line 15F) + Paid Electronic Copies

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0.00 %

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h. Total (Sum of 15f and 15g)

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Missouri Municipal League, 1727 Southridge Dr., Jefferson City, MO 65109

PRIVACY NOTICE: See our privacy policy on www.usps.com

i. Percent Paid ((15c / 15f) times 100) 16. If total circulation includes electronic copies, report that circulation on lines below.

d. Percent Paid(Both Print and Electronic Copies)

I Certify that 50% of all my distributed copies (Electronic and Print) are paid above a nominal price.

17. Publication of Statement of Ownership

X If the publication is a general publication, publication of this statement is required. Will be printed

Publication not required.

in the 11/01/2022 issue of this publication.

18. Signature and Title of Editor, Publisher, Business Manager, or Owner Title Laura J Holloway

Date 09/30/2022 09:44:22 AM

I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).

PS Form 3526, September 2007 (Page 2)

PRIVACY NOTICE: See our privacy policy on www.usps.com

www.mocities.com

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2022 Review Article Index City Profile

City of Arnold: Diamond In The Rough Celebrating 50 Years - 6, Jan/Feb City of Moline Acres - 5, Nov/Dec Economic Development

It’s Raining Money … Where’s My Bucket?

Leveraging The American Rescue Plan And Infrastructure Act To Achieve Community Goals - 6, Mar/Apr Putting Missourians On A Path To Learn, Work And Prosper - 18, Jul/Aug Local Review

2022 MML Innovation Award Winners - 28, Jul/Aug

City Oof Clinton Completes All Inclusive Playground - 31, May/Jun Hidden Heroes - 20, Nov/Dec

Joplin Fire Department - 23, Nov/Dec

Local Government Review: Public Works Projects Around The State - 34, May/Jun Member Profile

Getting To Know You: Anne Lamitola - 28, May/Jun Getting To Know You: Chris McPhail - 28, Sept/Oct

Getting To Know You: Ella Jones - 29, Sept/Oct Getting To Know You: Jose Leon - 28, May/Jun

Getting To Know You: Zac Burden - 26, Jul/Aug Municipal Administration

Citizen Surveys: Improving Local Government Performance Using Community Feedback - 10, Jul/Aug

FAQ: Medicare Annual Notice Of Change Letter - 21, Sept/Oct

Invest In Recruitment To Support The Water Workforce - 22, May/Jun Reevaluating Our Response To The Great Resignation - 8, Sept/Oct Municipal Government

A Community Of Possibilities - 6, Jul/Aug

By The Book: Compliance With The Officers’ Bill Of Rights - 5, Sept/Oct 38

theReview November/December 2022

2022 Author Index Demystifying The Second Amendment Preservation Act: A Guide For Cities And Police Departments - 18, Mar/Apr

Department Of Natural Resources Embarks On Regional State Energy Planning Process - 25, Jan/Feb FAQ: Common Fraud Risks And Prevention Tips - 13, Sept/Oct

FAQ: Local Government Employee Retention - 18, May/Jun FAQ: Mayor Pro Tem - 17, Nov/Dec

FAQ: Recreational Marijanna - 9, Nov/Dec FAQ: Subdivisions - 21, Jan/Feb

How To Prepare For ARPA Reporting - 12, Mar/Apr LAGERS Pension: A Guide For City Leaders - 18, Jan/Feb Measuring And Managing CIP Performance - 10, May/Jun

Municipal Warrants In Missouri: Are These Things Really Legal? - 10, Jan/Feb Solar Conundrums - 24, Mar/Apr News From The Bench

Supreme Court For Local Governments 2021-22 - 24, Sept/Oct

News From The Bench: Cities And Ballot Propositions: Speaking Your Truth, At Least Mostly - 25, May/Jun News From The Bench: Filtering Social Media Comments And Blocking Commenters May Violate First Amendment - 28, Mar/Apr News From The Bench: New York State Rifle & Pistol Associaiton v. Bruen - 24, Jul/Aug Public Works

Debris Cleanup Post Disaster - 16, Sept/Oct FAQ: Building Efficiencies And Clean Air Filtration - 21, Jul/Aug FAQ: Lead And Copper Rule Revisions - 30, Mar/Apr

Solving Multiple Problems With One Project - Des Peres, Missouri - 7, May/Jun Survey Paints Clear Picture Of Tomorrow’s Infrastructure Needs - 14, May/Jun Wastewater Collection System Asset Management Toolkit - 14, Jan/Feb

Water Infrastructure: Cities Shouldering Much Of The Cost - 14, Nov/Dec

Allgood, Christine - 23, Nov/Dec Biberdorf, Jeff - 30, Mar/Apr Branleewe, Tonya - 22, May/Jun Descant, Skip - 14, May/Jun Dunlap, Jeffrey - 6, Jan/Feb Eller, Bill - 14, Nov/Dec Ellickson, Mark - 10, Jul/Aug Garner, Allen - 24, Mar/Apr; 17, Nov/Dec Gathers, Greg - 16, Sept/Oct Gawley, Peggy - 21, Sept/Oct Geen, Jennifer - 21, Jul/Aug Hirschvogel, Lacey - 14, Jan/Feb Holifield, Ron - 8, Sept/Oct Holloway, Laura - 5, Nov/Dec Huckstep, Ramona - 30, Mar/Apr Kaleko, Tom - 6, Mar/Apr Kempker, Jeff - 18, Jan/Feb Lehrman, Matt - 6, Jul/Aug Malone, Brian - 18, Mar/Apr Martin, Paul - 25, May/Jun; 10, Jan/Feb McKinney, Keenan T. - 12, Mar/Apr McNutt, Joel - 18, Jul/Aug Meyer, Scott - 10, May/Jun Meyer, Steve - 7, May/Jun Moore, Shawn - 20, Nov/Dec Nelson, Mike - 13, Sept/Oct Pringer, Sara - 30, Mar/Apr Rost, Paul - 28, Mar/Apr Seaton, Wendee - 31, May/Jun Smith, Todd T. - 5, Sept/Oct Soronen, Lisa - 24, Jul/Aug Stumpf, Stephen - 7, May/Jun Tinsley, Cheryl - 24, Mar/Apr Walker, Travis - 13, Sept/Oct

Zero. Zip. Zilch. Nada.

(What the competition has over us)

©1981

We actually answer the phone.

Missouri Rural Services Corp.

Missouri Rural Services Workers’ Compensation Insurance Trust P.O. Box 104268, Jefferson City, MO 65110-4268 800-726-9304. www.missouriruralservices.com Public Entity and NonproÞt Insurance

Customer Satisfaction www.mocities.com

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theReview November/December 2022