THE MISSOURI MUNICIPAL
THE OFFICIAL PUBLICATION OF THE MISSOURI MUNICIPAL LEAGUE
November / December 2016
A Downtown Story: Waynesville Makes A Comeback
Independence LEED Building • Municipal Court Operating Standards • Innovation Awards
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THE MISSOURI MUNICIPAL
November/December 2016; Volume 81, No. 6
CONTENTS Cover Story 5 City Review: Waynesville Makes A Comeback
by Luge Hardman The mayor of Waynesville shares how the City has turned around the appearance and reputation of its downtown square.
Features 9 Independence Develops City's First Leed Platinum Building
by Herbert Webb
City of Battlefield: An AutismFriendly City
Supreme Court Rule 37 And New Municipal Court Minimum Operating Standards
by Ken Heinz, Keith Cheung and Ed Sluys
MML 2016 Innovation Awards
Departments 4 President's Report 23 MML Annual Conference Photos 28 29
Professional Directory Member News And Event Calendar
Cover Photo: The downtown square in Waynesville has seen dramatic improvements. Photo by Gary Adams, Pevely, Missouri.
MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Mayor Kathy Rose, Riverside; Vice President: Mayor Matthew G. Robinson, Hazelwood; Immediate Past President: Mayor Randall Rhoads, Lee's Summit; Eric Berlin, City Administrator, North Kansas City; Sally Faith, Mayor, St. Charles; Bill Falkner, Mayor, St. Joseph; Stephen Galliher, Mayor, Sedalia; DJ Gehrt, City Administrator, Platte City; Tim Grenke, Mayor, Centralia; Debra Hickey, Mayor, Battlefield; *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; Susan McVey, Councilmember, Poplar Bluff; *Carson Ross, Mayor, Blue Springs; 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 EDITORIAL Laura Holloway / Editor Lholloway@mocities.com Dan Ross and Richard Sheets / Contributing Editors The Review November/December 2016; Volume 81, 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 email@example.com. Website: www.mocities.com.
Kathleen Rose I Mayor, City of Riverside
Opportunities For The New Year I am incredibly honored to serve as your new Missouri Municipal League president. During a fantastic annual conference this September, the League also elected a new vice president, Hazelwood Mayor Matt Robinson. In addition, four new board members were elected: Mayor Bill Falkner, St. Joseph; City Administrator DJ Gehrt, Platte City; Mayor Debra Hickey, Battlefield; and Council Member Susan McVey, Poplar Bluff. Thank you to all board members for your committed service! I also want to send a special thank you to Lee’s Summit Mayor Randy Rhoads for his outstanding leadership as League president over the past year. Mayor Rhoads will continue to serve as an MML Board Member, and his expertise will be valuable as we continue to support Missouri’s communities. Looking forward to 2017, challenges will continue for local government. Your participation is vital to keep important community decisions local. Expect to see state and federal proposals that chip away at your funding for critical local services. With the Missouri legislative session approaching in January, MML may need to call upon you to share why many community decisions are best made by local citizens. Be ready to add your voice!
Looking forward to 2017, challenges will continue for local government . Your participation is vital to keep important community decisions local.
The League has a strong team working in Jefferson City to keep state officials educated on the needs of all municipalities and how proposed legislation directly affects citizens. Missouri cities work each day to support a citizens’ everyday quality of life. MML will continue efforts to partner with state officials in order to strengthen Missouri’s communities together. Plan now to attend the MML Legislative Conference in Jefferson City Feb. 14-15, 2017. Each year, this Conference provides a valuable overview of the legislative session and new laws that will directly affect your municipality. Most importantly, you can visit your own legislators and share in person how legislation will impact their constituents. The Conference is a great chance for members to renew ties with other elected officials and see the power of working together to strengthen Missouri communities. I look forward to an exciting and productive year for Missouri municipalities!
Did You Know? In 2017, Municipal Governance Institute participants can take advantage of classes offered live via webinar! Watch for more information coming soon. In 2016, 12 elected officials completed the Missouri Governance Institute and were recognized as Certified Municipal Officials in Missouri.
Learn more and sign up today at www.mocities.com! 4 theReview November 2016
The 2016 Missouri Certified Local Government Officials were recognized at the 2016 MML Annual Conference. Pictured (l-r) are William Cline, city administrator, Carterville; Mary Rehklau, councilmember, Fulton; Debbie Cornell, city clerk, Carterville; Charles Slider Jr., alderman, St. Robert; and Laina Starnes, city clerk, Lebanon.
CITY Review by Luge Hardman
A DOWNTOWN STORY: WAYNESVILLE MAKES A COMEBACK Waynesville sits in south central Missouri along I-44 and store closed with the opening of a new, modern supermarket on Historic Route 66. The City was settled in 1833 on the in West Waynesville. With the burning of the Western Auto banks of the Roubidoux Creek and was incorporated in store, the death of downtown had become apparent. Things 1843. Waynesville’s history encompasses the Trail of Tears, were bleak in downtown Waynesville. the Civil War, World War II and the building of the “Mother As a retired high school teacher, I was well aware that the Road” across America. City’s reputation was tied to the appearance of its downtown Waynesville is the county seat of Pulaski County and the square. I was somewhat embarrassed at times with the county courthouse dominates the center of the square. The reputation that Waynesville had with neighboring schools. courthouse has brought several attorneys to downtown. It An editorial in a Jefferson City newspaper in the 1980s is also home to the U. S. Post Office, and several retail shops described us this way: “On a good day Waynesville, Missouri, and restaurants. Route 66 runs through town, as does the isn’t very pleasant. You know you have hit the end of the road.” Roubidoux Creek, home to a blue ribbon The downtown area was dark with very little trout stream. The 1903 courthouse, one of street lighting. Sidewalks around the square two original Missouri courthouses that sit were broken and falling apart and remnants directly on Route 66, is open to tourists at of more than 20 sign poles jutted out of old A new interest in specified times. buildings on the square. Moss grew on the downtown Waynesville facades of buildings; a tree grew through Waynesville has for years relied on the another building; and there were many began to grow. rise and fall of Fort Leonard Wood and its economy is dependent on military neighbors. Developers and builders empty storefronts. Built in 1940-41, Fort Leonard Wood is the In 2003, I ran for City Council in largest training post in the Midwest, and began to respond to the Waynesville. My main motivation was now houses the Engineer, Military Police and cleaning up the City and especially, the interest and support Chemical Corps Schools. It has seen bustling downtown area. With little experience in shown by the City and days, as well as days of military cuts. It was a local government, except for 30 years of thriving post in World War II, and endured teaching Social Studies, I did know grants its citizens. talk of mothballing Fort Leonard Wood after were available. After I was elected, former the Korean War. The Vietnam War once again Mayor Cliff Hammock and I met. He was revived the post during the 1960s and 70s. concerned about the same issues and agreed to support me in trying to obtain some By the 1980s and 90s, as the Vietnam War grants. Together, we formed the Downtown Beautification ended and military drawdowns were taking place, downtown Committee, aimed at improving the appearance of the Waynesville was largely abandoned. The City also dealt with historic downtown square and revitalizing the area. With the loss of a bustling Fort Leonard Wood. In the 1990s, the 15 original citizen members, the Committee began a plan to City saw more economic decline when the downtown grocery revitalize downtown. The Roubidoux Historic Transportation
Top: The downtown square in Waynesville needed repairs. Moss grew on the facades of buildings; a tree grew through another building; and there were many empty storefronts. Photo by Alan Clark Above. The City was able to purchase a town clock. In 2015, a vintage lighting project was completed as well. Photo by Ed Conley.
and Pedestrian Enhancement Program contained a wish list for downtown. The Committee applied for a Community Development Block Grant (CDBG) for new sidewalks and vintage lighting for the square. This grant was dependent on matching investment and support from existing businesses. With a newly hired grant writer, Layla Earl, and the volunteer help of local engineer, John Mackey, the Committee began the process of applying and planning for this grant. A survey for the grant revealed that more than 70 percent of the buildings on the square were abandoned or neglected.
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The Committee found many absentee landowners and tried to make contact. One of the first victories was finding the owner of the old Vert Art building and obtaining permission to remove a blue, soiled mattress from the front window of the abandoned building. We also removed more than 20 rusted, ugly sign poles from the south side of the square. In 2005, Waynesville was awarded CDBG monies in the amount of $250,000 for downtown improvements. Using the matching capital investment by downtown businesses, the completed project totaled more than $400,000 of improvements to existing businesses around the square. A new interest in downtown Waynesville began to grow. Developers and builders began to respond to the interest and support shown by the City and its citizens. The City Council began to have new faces come on board. The next step in the plan was a zoning change from commercial to mixed zoning in the downtown area; this would allow apartments to be built, thereby, creating a demand for more businesses and services. This encouraged investment, as it allowed for rentals to help with capital. We also began a memorial bench program, and added new flower pots around the square. Working with financial institutions, we were able to purchase a town clock. In 2015, the vintage lighting project was completed and now the downtown area is well lit. Partnering with the Pulaski County Tourism Bureau, a focus on Route 66 began in earnest. With visitors from all over the world, Waynesville is appearing in videos and print media as an interesting stop on Route 66. The recognition and certification of the Trail of Tears encampment in Laughlin Park, that borders the downtown area, was part of the effort. In 2007, the park was certified as a site on the National Historic Trail, and in 2015, park exhibits and signage were completed. Remembering the past was, and is, important to the City. In 2009, the Waynesville Downtown Business Association formed. Waynesville was selected as a DREAM (Downtown Revitalization and Economic Assistance for Missouri) community for the state of Missouri. The designation began a strategic plan for the downtown and provided demographic and economic statistics for the City. In surveys for the DREAM program, our citizens were asked about the progress downtown and they responded with: “Downtown is an event waiting to happen.” “The Square is a diamond in the rough.” “Downtown is a hidden jewel.” Public opinion had turned in our favor. Since the CDBG award, an estimated $4 million has been invested in downtown. Developers have become interested in a City that someone cares about. Many local businesses began to invest in their buildings and downtown has a different air about it. The City has fulfilled that “wish list,” plus much more.
The City is thankful to its concerned citizens, the City Councils, former and current mayor, city staff, businesses, and developers and builders for the turnaround in downtown Waynesville. A pride has emerged among local residents and former residents alike. An alumnus of Waynesville High School recently visited his hometown and I gave him a walk about the square. At the end of our tour, he smiled and said, “This isn’t the Waynesville I remember.” No, it is not! Luge Hardman is the mayor of Waynesville, MO. Elected in 2012 and 2016, Hardman is a retired high school and college instructor. She has lived in Waynesville for more than 40 years.
@mocities www.facebook.com/mocities www.linkedin.com/company/mocities www.mocities.com (573) 635-9134
Top Left: The recognition and certification of the Trail of Tears encampment in Laughlin Park, that borders the downtown area, was part of the revitalization effort. In 2007, the park was certified as a site on the National Historic Trail. Bottom Left: Partnering with the Pulaski County Tourism Bureau, a focus on Route 66 began in earnest. With visitors from all over the world, Waynesville is appearing in videos and print media as an interesting stop on Route 66. Photo Credits: Pics by Jax
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ENVIRONMENTAL Review by Herbert Webb
INDEPENDENCE DEVELOPS CITY'S FIRST LEED PLATINUM BUILDING What can you do with an old hospital site with two derelict structures in a highly visible location? Add into this equation a City Council that wants to see the site developed, and “can we make it green, to?" The challenge was made to implement a plan that could meet the City’s growing list of needs. Three city departments – power and light, water and water pollution control, were all outgrowing their existing offices. These departments were each located along Truman Road. Harry Truman lived on this stretch of highway. In the 1800s, settlers traveling west stopped to do business along this highway. It is an east/west artery into Kansas City. The goal was to relocate the three cityowned utility offices to the same place, as
well as adding the service/call center so customers would have a centrally located place to pay bills. The abandoned hospital building was in poor condition and needed clearing from its site. The adjoining professional doctors building was dated, but had a good foundation. The City agreed to purchase the site once the owner cleared the old hospital and stripped the professional building down to its concrete foundation. It was going to take a creative design and plan to restore the space to meet the needs of the City and the “green” requirement. It is truly amazing what can happen when committees are formed, RFPs are issued, and engineers and architects are hired. Groundbreaking for the
project began on a blustery March 2016 morning. From that morning on, citizens watched in amazement as the building was transformed into what they could be proud to call the Independence Utilities Center. Citizens saw the meticulous care taken with the construction of a building that, when completed, would be certified as a Leadership in Energy and Environmental Design (LEED) building. This became the first LEED certified building in Independence. LEED buildings strive to have a minimal impact on the environment. Twenty percent of the materials used are recycled. Wood from an old barn in Kentucky was reclaimed and used for key design features throughout the building. www.mocities.com
Top: LEED buildings strive to have a minimal impact on the environment. Twenty percent of the materials used are recycled. Wood from an old barn in Kentucky was reclaimed and used for key design features throughout the building. Above: The Center was designed to bring in the natural light from outside, by allowing the light from the large perimeter windows and adding glass walls to office walls that would customarily have been drywalled.
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Low-e window film was used on the windows to make them more energy efficient. Insulation was added to the roof and walls and sealed to minimize infiltration into the building. Carpet and furniture have no or low-volatile organic compound (VOC) emissions, keeping the inside healthy for employees. The new Independence Utilities Center also features electric vehicle charging stations for visitors and employees. Proximity to other services plays a role in the LEED certification. Since the location is centrally located, employees and visitors are encouraged to walk or ride their bikes instead of driving. The Center is close enough to restaurants, stores and a bank that employees can use during lunch breaks. Saving and managing the use of power is another important part of obtaining the LEED certification. Approximately 30 percent of the power needed to operate the Center is supplied by a photovoltaic (PV) array on the Centerâ€™s rooftop. A small wind turbine was installed as an additional power source. An information center inside the Center gives real-time readings on the power being generated by the renewable sources. The Center was designed to bring in the natural light from outside, by allowing the light from the large perimeter windows and adding glass walls to office walls that would customarily have been drywalled. All supplemental lighting is LED with dimmers and occupancy sensors. One special feature is the interior lights that dim when the ambient light from the outside is adequate. Water conservation is another element to be considered. All water closets and sinks are a low-volume design and are operated using automatic sensors. The HVAC system was designed to be very efficient and can be controlled by programmable thermostats throughout the building. One issue of concern to employees was the use of personal fans and space heaters. The Centerâ€™s design was deliberate and purposeful, and included consideration to personal comfort by minimizing drafts and
infiltration of the cold and heat. The use of space heaters would negate the design and compromise the efficiency of the system, so the decision was made not to allow the use of personal fans and space heaters. One of the biggest complaints in any office is sound travel. This is probably one of the most significant items addressed in the Centerâ€™s design. Every internal wall between offices has been filled with batt insolation. The ceilings have been insulated above the tiles and return air-ducts were baffled to absorb sound and minimize office-to-office noise. It is amazing how quiet the building was with 100+ workers finishing the final details of the design. Employees of the power and light, water and water pollution control were happy to move into the new Center. The citizens of Independence can be proud of the efforts made by the three departments in providing a showcase of efficiency and design in the new Independence Utilities Center.
Experts in Municipal Bond Financing Carl Ramey | (314) 342-2242 | firstname.lastname@example.org Martin Ghafoori | (314) 342-8467 | email@example.com Brittany Pullen | (314) 342-2936 | firstname.lastname@example.org 501 North Broadway | St. Louis, Missouri 63102 Stifel, Nicolaus & Company, Incorporated | Member SIPC & NYSE | www.stifel.com/publicfinance
Herbert Webb is the community programs administrator for Independence Power & Light. Learn more at www.ci.independence.mo.us/pl.
Photo from page 9, (l-r): Mark McDonald, Public Utility Advisory Board (PUAB); Randy Vest, PUAB; Garland Land, PUAB; Curt Dougherty, city council; Patty Schumaker, PUAB; Karen DeLuccie, city council; Scott Roberson, city council; Tom Van Camp, city council; Leon Daggett, Independence Power and Light (IPL); Mayor Eileen Weir; Dan Montgomery, director, Water; Lisa Phelps, deputy director, Water Pollution Control (WPC); Dayla Bishop Schwartz, city counselor; Dick Champion, WPC; Andrew Boatright, deputy director, IPL; Mark Randall, assistant city manager; Lauren Parker, assistant city manager; Joe Williams, Burns & McDonnell; Zach Walker, city manager; Larry Kaufman, assistant city manager.
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LOCAL GOV Review
BATTLEFIELD PROCLAIMED FIRST AUTISM-FRIENDLY CITY IN MISSOURI On April 19, 2016, city of Battlefield Mayor Debra Hickey and the Battlefield Board of Aldermen officially proclaimed Battlefield "The First Autism Friendly City in Missouri." The proclamation o ccurred during April’s Autism Awareness Month. Battlefield City Hall was filled to capacity with an emotional audience as Mayor Hickey made the official proclamation Autism is a big deal in Battlefield. Not only does Mayor Hickey have a grandson with autism, but council member and author, Dr. Linda Barboa, was instrumental in co-founding the nonprofit, Stars For Autism, an organization with a mission to provide education and support for families living with autism. In addition, Battlefield citizen and champion bowler, Trey Brand, also has autism. Brand, who is only 13, has been making headlines for his skill in bowling “perfect” 500 games. Autism is the fastest growing developmental disability in the world today, with more than 3.5 million Americans living with autism. Fueled by an initiative of Stars For Autism, a new program in Battlefield will offer free training to virtually every citizen to help the public understand and support individuals on the autism spectrum and their families.
Battlefield’s Autism-Friendly Project, led by Dr. Linda Barboa, will include collaboration with STEPS CARE, the city Advisory Park Board, Springfield Public Schools, The Office of Emergency Management of Greene County, and other organizations, to assure that the city activities, businesses, churches and programs are autism friendly. The team will offer assistance to the City of Battlefield, in obtaining a sensory friendly park design and equipment. “As the ‘Nana' to an autistic grandson, I see the need for families living with autism to have support and encouragement as they go about their daily lives. If we can educate our community members, our city employees, our emergency responders, our retail and restaurant establishments, so they have a greater understanding of … the needs of families living with autism, we can go a long way in improving the quality of life for the family members and the autistic individuals,” says Mayor Hickey. For more info, contact Dr. Linda Barboa, (417)848-8887, DrBarboa@aol.com. This article reprinted with permission from the June 2016 Missouri Autism Report. For more information, visit www.moautismreport.com.
Missouri Intergovernmental Risk Management Association Phone: 573.817.2554 Web: www.mirma.org
Missouri’s First Municipal Self Insurance Pool
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In March 2017, a "Train the Trainer" is planned in Battlefield to help other cities who want to duplicate this program. For more information, visit www. stars4autism.com.
The city of Battlefield won a 2016 MML Innovation Award for becoming an autismfriendly city. Learn about their project and other winners on pages 20-21 of this issue. Pictured (l-r): Dr. Linda Barboa, city of Battlefield alderman and founder, Stars For Autism; Battlefield Mayor and MML Board Member Debra Hickey; Jan Luck, president, Stars For Autism.
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NEWS From The Bench
by Kenneth Heinz, Keith Cheung and Ed Sluys
SUPREME COURT RULE 37 AND NEW MUNICIPAL COURT MINIMUM OPERATING STANDARDS The Missouri Supreme Court recently adopted. The new Rule 37.04 provides that the issued its Order amending subdivision presiding judge of the circuit shall have the 37.04 of Missouri Supreme Court Rule 37, superintending authority over the municipal ... it would be adding an appendix establishing minimum courts within its circuit. The appendix to the prudent for municipal operating standards for municipal courts. Rule adopts the substantive material relative The amended Rule reaffirms the importance judges to submit to the to municipal court operations. of maintaining divisions between the judicial Standard #1: “Municipal divisions shall presiding judge of their and executive/legislative branches of the City ensure that when individuals must be held or town, i.e., elected and appointed officials, circuit the certification in jail in the interests of justice, this is done and in particular the Police Department and strictly in accordance with the principles of of compliance with the Prosecuting Attorney’s Office, on the one due process of law.” hand, and the municipal court on the other. minimum operating Pursuant to this provision, municipal courts Much of the amended Rule 37.04 and standards as set forth in are required to comply with Section 479.360.1 the minimum standards merely restate RSMo, which mandates the following: the appendix by the law currently in effect. However, there 1. Procedures are in place to prevent are a number of new requirements that Jan. 1, 2017. defendants from being held longer than 48 municipalities need to be aware of and begin hours on minor traffic violations and 72 hours implementing as quickly as possible. The key on other violations without being heard by changes involve: a judge in person, by telephone or via video a. separation of court personnel from conferencing. other municipal functions; 2. The Municipal Court must make “reasonable efforts” to b. clear identification of court operations and space as communicate to the Police Department the “24-hour distinctly judicial (at least when it is being used by the court); rule,” i.e. Defendants are not to be held more than 24 and hours without a warrant after arrest. See 544.170.1 c. maintaining nearly full-time court clerk availability. RSMo. Municipalities should not wait until July before beginning 3. No jail to coerce payment of fines and costs unless the to make the necessary changes to achieve compliance. In fact, Court has found the Defendant in contempt pursuant despite the Rule’s effective date being July 1, 2017, OSCA has to the procedure prescribed by Rule 37.65. indicated that the appendix and, therefore, the minimum 4. No additional charge of Failure to Appear for a minor standards, became effective immediately. As such, it would be traffic violation. prudent for municipal judges to submit to the presiding judge 5. The municipal court must have a duty judge available of their circuit the certification of compliance with minimum at all times. operating standards as set forth in the appendix by Jan. 1, 2017. 6. Bond schedules may only be used under certain circumstances, which is where an individual is arrested THE NEW MINIMUM STANDARDS without a warrant and held less than 24 hours pursuant The Supreme Court adopted ten “Minimum Standards” to Sections 479.360.1(2) and 544.170(1) RSMo, and along with numerous other requirements through the amended Rule 37.17. Rule 37 and its appendix. Much is merely a restatement of 7. Warrants may only be issued upon a finding that existing rules and state statutes1 that have previously been reasonable grounds exist to believe that the Defendant
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will not appear upon a summons or that the accused poses a danger to a crime victim, the community, or any other person. Rule 37.43(b). 8. Warrants must be signed by the Judge, unless the Clerk is authorized to sign them consistent with Rule 37.45(b)(6). 9. The Municipal Court must have a procedure in place to ensure that when a case is dismissed or otherwise finally resolved, or when the circumstances authorizing the issuance of a warrant no longer exist, the Judge recalls and cancels any outstanding warrants as soon as practicable. 10. No confinement for “minor traffic violations” or “municipal ordinance violations” as defined in 479.350 RSMo with limited exceptions. 11. Strict adherence to procedures before allowing confinement for non-payment of fines and costs. Rule 37.65 details the procedure that must be followed. Standard #2: “Municipal divisions shall inquire of defendants and allow them to present information about their financial condition when assessing their ability to pay and establishing payment requirements for monies due.” The Municipal Court must be in compliance with several of the requirements set forth in Section 479.360.1 RSMo, namely: a. Procedures exist to conduct indigency hearings; b. Alternative payment plans are utilized, and; c. a Community
Service option is offered with no fees. The Court must have procedures in place to stay execution of fines and costs or utilize installment payment plans. If probation fees are assessed, the Court must consider defendant’s financial status when assessing probation fees and advise defendants of their rights to have individualized consideration of ability to pay. Standard #3: “Municipal Divisions shall not condition an indigent defendant’s access to a judicial hearing or the granting of probation upon the payment of fines or fees.” No fee for trial de novo fee to be assessed if defendant is indigent. No prepayment of any fee is to be charged to a defendant requesting a jury trial. Probation may not be conditioned upon defendant’s ability to pay authorized probation fees and surcharges. Standard #4: “Municipal Divisions shall neither assess nor collect unauthorized fines, costs, or surcharges.” 1. Fines and costs assessed on “minor traffic violations” cannot exceed $225. 2. Fines and costs assessed on “municipal ordinance violations” must comply with the schedule in 479.353(1) (b) RSMo, which is: (1) $200 for a first offense; (2) $275 for a second offense; (3) $350 for the third offense; and (4) $450 for the fourth and any subsequent offense within any 12 month period. 3. Fines shall not exceed the amounts authorized by law.
4. Only court costs authorized by state law are permitted. Comment - The Rule allows for the OSCA Bench Card on municipal court costs to be used as a reference, which is available at http://www.courts.mo.gov/file. jsp?id=38954. 5. No Dismissed on Payment of Costs (DPC) permitted. 6. Court costs are not assessed against indigent defendants. Comment - The Supreme Court has already issued a model local rule 69.01 designed to determine indigent status. 7. Courts must offer “no fee” community service. Standard #5: “All municipal judges shall be lawfully selected, lawfully authorized to act in specific cases, and adequately prepared for their duties through appropriate training and continuing education.” 1. All municipal judges, including provisional judges, must be selected pursuant to municipal ordinance or charter. 2. Mechanism must be in place to check for judicial conflicts by Rule 37.53(b)(2). 3. The Municipal Judge must comply with Rule 37.53(d) and Section 479.230 RSMo when a change of judge request is granted or the judge recuses him or herself. 4. Once a motion to disqualify, motion for jury trial or motion for trial de novo is filed, the Judge complies with all rules relative to the limitation of their authority and only acts within the scope of their powers and when they have subject matter jurisdiction. 5. All trial de novo requests must be certified to Circuit Court within 15 days. 6. Specific minimum training and continuing education 16 theReview November/December 2016
requirements for all municipal judges (including provisional and special judges). Judges who are lawyers are required to complete (and provide documentation of completion to the presiding judge):An orientation course completed within 12 months of beginning to serve as a Judge, 5 hours of judicial CLE annually, and 2 hours of judicial ethics CLE annually. There is also specific study for non-lawyer judges. 7. Municip a l Judges, including substitute or provisional, are to provide a copy of their CLE compliance form to the Presiding Judge of the Circuit Court. Standard #6: “Municipal divisions shall be operated in a manner reasonably convenient to the public and in facilities sufficient to the purpose.” 1. Courtrooms must be open to the public and large enough to reasonably accommodate the public, parties and attorneys. 2. Procedures must exist for payment of fines and costs electronically online or by mail for all minor traffic violations. 3. Must make available free online access to information regarding pending cases, warrants and dockets or must be actively pursuing court automation. Standard #7: “Municipal divisions shall be operated in a manner that upholds the constitutional principles of separation of powers and integrity of the judiciary as a separate and independent branch of government.” This is probably the most significant Standard under the new Rule 37, and the one that requires the greatest amount of consideration to ensure compliance. 1. Court personnel cannot perform any other functions for the municipality that constitute an actual or apparent conflict of interest. Work for the police or prosecutor by the court clerk is specifically described as such a conflict. In its November revision, the Court stated that the clerk can perform other work for the municipality so long as there is no actual or apparent conflict. This should involve a specific consideration as to whether other tasks required of clerks cause the appearance of a conflict. This may require a major reorientation of clerks and duties compared to what may be present practice. 2. Court personnel when performing court-related functions work solely under the direction and supervision of the judge. 3. Judges and court personnel are not subject to informal pressure, discipline, firing or threats of non-retention or non-reappointment resulting from the performance of judicial duties in a manner that upholds independence of the judiciary.
4. Judges and court personnel are not subject to informal pressure, discipline, firing or threats of nonretention or non-reappointment that are designed to encourage or require the court to operate in such a way as to maximize revenue or to meet specified revenue targets, whether stated or not. 5. Municipal court facility must be designed in such a way as to convey an appearance that it is a separate and independent branch. Standard #8: “Municipal divisions shall be operated in accordance with the constitutional principles and legal requirements of open courts and open records.” 1. Again, the courtroom needs to be large enough to reasonably accommodate the parties, attorneys and the public. Also, must be open to people of all ages. 2. Municipal Court must maintain a clerk’s office that is open and accessible to the public at least 30 hours per week during regular business hours for the purpose of paying fines and providing information. This was revised in November to provide that the Clerk may provide service up to 15 of the 30 hours per week by telephone, email or other electronic communication, if the Court does not have sufficient staff. 3. Municipal Court must allow access to open court records in accordance to Supreme Court Operating Rules 2 and 4. Standard #9: “Municipal divisions shall advise litigants of their rights in court.” Defendants must be advised of all their rights and a “Notice of Rights in Municipal Division,” in a form approved by or substantially similar to that approved by the Supreme Court must be provided to all defendants. The notice must also be prominently displayed at the Clerk’s office and in the courtroom. The notice must be printed as a handout and on the city’s website. The Judge’s announcements must be heard in the courtroom and to those waiting outside. Standard #10: “Municipal divisions shall be well-managed and accountable to the law, with appropriate oversight of municipal division operations provided by the circuit court presiding judge of the judicial circuit.” This standard restates early requirements but also requires: 1. By January 1st and July 1st of every year (starting 2017), every Municipal Judge must certify that they are in compliance with the minimum operating standards and must complete and submit a “Minimum Operating Standards Form” to the presiding judge. 2. Municipal Courts must maintain a Clerk’s office that
organizes and preserves judicial records and that handles bookkeeping and money handling obligations in compliance with recommendations from the Office of State Courts Administrator (OSCA) and the Missouri State Auditor’s Office. 3. The Judge must certify substantial compliance with 479.301.1(subsections 1 to 10) RSMo. Additional Requirements: The appendix to Rule 37 also spells out that the Municipal Court must be aware of the following statutory and rule requirements, which are summarized as follows: Chapter 479 RSMo: • Municipal Courts in certain larger charter cities (St. Louis City, Kansas City and Springfield only2 – see Section 479.011 RSMo) can hold administrative hearings in limited circumstances. • Judges cannot serve as Judge in more than 5 municipalities. • The municipality must notify the Circuit Clerk of the Court’s existence. • Municipal Courts must employ their own staff. • Fines and costs must be paid into the municipality’s treasury at least on a monthly basis. • A monthly list of cases must be provided to the municipality within 10 days of the end of each month. • The Judge must receive instruction on the laws related to intoxication-related traffic offenses. • A written policy for reporting intoxication-related traffic offenses to the central repository must be adopted and provided to OSCA and the highway patrol. • A Semi-annual disposition report of intoxicationwww.mocities.com
related traffic offenses must be provided to the Circuit Court en banc. Supreme Court Rule 37: 1. All informations must be signed by the Prosecutor. 2. The violations bureau schedule of fines and costs must be prominently posted. 3. The Municipal Division must take reasonable steps to ensure that, where applicable, the accused is advised of the fine schedule at the time of receiving a violation notice. 4. If a violations bureau has been adopted, it must process only those violations authorized. 5. The Municipal Court must utilize a written â€œWaiver of Counselâ€? form. Open Records and Other Recordkeeping Matters (Article I, Section 14 of the Missouri Constitution; Court Operating Rules 2, 4 and 8, and Sections 483.065, 483.075 and 483.082 RSMo) 1. The Municipal Court must maintain complete and accurate records. 2. The Municipal court must ensure proper disposition of all cases are documented and signed by the Judge, if required by law. 3. An information must be signed by the Prosecutor and filed in each case prosecuted. The Prosecuting attorney must review and sign all tickets and review and approve all amended and dismissed tickets. 4. All warrants must be signed by the Judge or the Clerk at the Judgeâ€™s specific direction and issued timely. 5. The Municipal Court must have procedures in place to generate monthly reports of Court activity and submit such reports timely to OSCA and to the municipality. 6. The Municipal Court must regularly back up computer data and ensure it is stored in a secure off-site location and its recovery is tested on a regular basis. 7. The Municipal Court must require unique user IDs and passwords for each employee. User access must be periodically reviewed. Financial and Bookkeeping (Section 483.075.1 RSMo): 1. The Municipal Court should segregate accounting duties to the extent possible. If not possible, then there must be periodic independent review of court records. 2. Accurate records must be maintained to account for all payments received and deposited. Receipts must be used and documented in all cases. 3. The Municipal Court must reconcile receipts to deposits. 4. The Municipal Court must perform monthly bank reconciliations. 5. The Municipal Court must develop procedures to ensure monthly distributions are made accurately and timely. 18 theReview November/December 2016
6. If payment plans are utilized, they must be in writing and signed by defendant. 7. The Municipal Court must maintain bond coverage for all personnel with access to Municipal Court monies. 8. The Municipal Court must ensure that all bond receipts are recorded and deposited in a timely manner. 9. The Municipal Court must develop procedures to identify and calculate the information required by 479.359 RSMo regarding limits on revenues derived from minor traffic and municipal ordinance violations. Although the Rule and appendix is lengthy, most municipalities will find that they may already be in compliance with many aspects. Municipal courts and municipalities should begin working immediately on obtaining compliance with those provisions that do require changes in the way the municipal court is currently operating. Municipalities need to ensure that there is separation of Court personnel from other functions, clear identification of Court operations and space as distinctly judicial (at least when it is being used by the Court), and nearly full-time Court Clerk availability. Kenneth J. Heinz , Keith Cheung and Ed Sluys are Principals with Curtis, Heinz, Garrett & O'Keefe, P.C. Heinz serves as general counsel for several communities. Cheung concentrates his practice in the areas of civil and commercial litigation, workers compensation, municipal and criminal law, as well as serving as general counsel to many small and mid-sized businesses. Sluys concentrates in the areas of municipal, public election, public utilities, commercial litigation and appellate law, as well as handling a variety of business transactions. Contact the firm at 314-725-8788 or www.chgolaw.com. (Endnotes) 1 Much of these statutory requirements stem from items enacted by Senate Bill 5 (2015), as amended by Senate Bill 572 (2016). Several of the provisions of Senate Bill 5 are subject to legal challenge, which is currently being considered by the Missouri Supreme Court. 2 There is a fourth category of Home Rule City that can hold administrative hearings, which are cities having a population between 73,500 and 75,000 inhabitants. As of the 2010 census, no city in Missouri fell within that range. This range was adopted after the 2000 census, but before the 2010 census. The City of St. Joseph had a population of 74,078 as of the 2000 census, so it appears as if this was intended to be the fourth municipality that can hold administrative hearings in limited circumstances.
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MML Innovation Awards Serving Citizens With New And Efficient Ideas
The Missouri Municipal League awarded four Innovation Awards at the MML Annual Conference in September. Categories include large-sized city, medium-sized city, smallsized city and members' choice.
City of Blue Springs Blue Springs Fieldhouse
A panel of judges chose one winner from each of the first three categories and all MML members were provided the opportunity to vote online for the members' choice award. With nearly 30 projects submitted this year, both the panel and MML members had tough choices! Submissions are judged based on innovation, benefit to the citizens and how easily another city could replicate this project. Find details of submission, a full list of this year's submitted projects and a list of previous winners on the Innovation Awards page of www.mocities.com. MML wants to make sure all projects are highlighted so they can benefit other municipalities. To share great experiences, a session at the MML Annual Conference was dedicated to the Innovation Awards Showcase, where any city that submitted a project could have a table and spend time talking with attendees about their innovation. It is a valuable networking and learing opportunity for both presenters and attendees. Congratulations to all of the winners of this year's MML Innovation Awards!
Do you have a project to share? Think about the great services your city provides and plan to submit your information to MML for next year's Innovation Awards by July 2017! Photo (l-r): Blue Springs City Administrator Eric Johnson, Mayor Carson Ross, Parks & Recreation Director Dennis Dovel and Mayor Pro Tem Chris Lievsay. Mayor Ross and Mayor Pro Tem Lievsay serve on the Board of Directors for the Missouri Municipal League, with Mayor Ross serving as a past president. Photos by Kevin Morgan.
20 theReview November/December 2016
Blue Springs continues to be a growing city with a population of more than 53,000 residents. In order to meet the ever-changing needs and challenges of the community, citizens had a vision of providing an indoor recreation facility the entire community could use. The Parks and Recreation Department used a community input process that determined what amenities the community wanted in a facility. Involvement from the parks commission and the City Council was extremely important in making sure the project was achieved. Along with SFS Architecture, the development and construction of what is now the Blue Springs Fieldhouse became a reality and the facility opened in October 2015. The facility offers four full basketball and volleyball courts, one large soccer turf field, three party or meeting rooms, two indoor tracks, fitness center with advanced fitness technology, aerobic studio, spin studio, child watch, support offices, concessions and an administration area. With approximately 76,560 square feet of space, the Blue Springs Fieldhouse is now a usable municipal recreational space with a simple mission of providing fitness and recreation for all! The facility serves more than residents of the City, but surrounding communities that do not have family friendly recreation or fitness establishments.
City of Battlefield
City of Mount Vernon
Photo (l-r): Dr. Linda Barboa, City of Battlefield alderman and founder, Stars For Autism; Battlefield Mayor Debra Hickey; Jan Luck, president, Stars For Autism.
Photo: Pictured are (l-r) Max Springer, city administrator; Karen Millsap, director, Mount Vernon Regional Arts Council; Sue Lee, alderwoman; Raine Clotfelter, artist, and Tricia Clotfelter, assistant artist; and Dave Eden, mayor.
The City was honored for its initiative to create an autismfriendly city. Autism is the fastest growing developmental disability in the world today, affecting more than 3.5 million Americans. A recent Strategic Park Planning Survey recognized Battlefield’s desire to be a family friendly community, including parks, schools, churches, and businesses free of physical and social barriers, and welcoming to all citizens. Fueled by a proclamation identifying Battlefield as an “Autism Friendly City,” the mayor, Board of Aldermen and local nonprofit organizations implemented this innovative program. The project offers free training to virtually every citizen, allowing the public to understand and support families living with this life-long disorder. The objective of the project is to promote awareness of the social and environmental factors that affect people who have autism and support those citizens through public training, environmental upgrades and improved services. The City successfully achieved these objectives by partnering with Springfield Public Schools, Steps Care Incorporated, Greene County 911, Greene County Office of Emergency Management and local media, under the guidance of the nonprofit organization Stars for Autism. There are families living with autism in virtually every city in America. The implementers of the program have created written materials and presentations that offer step-by-step guidance to any city replicating this timely program.
Veterans' Way Project
Mount Vernon was honored for its Veterans’ Way Project in the small city category and in the members’ choice category, where Missouri local government officials vote for their favorite project from all submissions. Veterans’ Way is a citizen-led effort in Mount Vernon, Missouri, established to express gratitude to a large segment of the population who served or are presently serving in the military. The project’s main objective is to instill a sense of pride in the community. Other objectives are to honor service people, past and present, to beautify their city, and to give Mount Vernon an identity of being a Veteran-friendly city. The project began by Mount Vernon City Council designating the main thoroughfare in Mount Vernon as Veterans’ Way. Linking our efforts with that of Mount Vernon’s Regional Arts Council and the Mount Vernon City Council, the committee created works of art that stand as constant and daily reminders that Mount Vernon appreciates veterans. Commissioning a world-class muralist, Veterans Way has begun to transform the cityscape with red, white and blue themes. The art has birthed an effort with local businesses to offer discounts to veterans and their families.
22 theReview November/December 2016
MML 82nd Annual Conference St. Louis Union Station Sept. 10-13, 2016 MML's 82nd Annual Conference brought more than 600 municipal officials from across the state together in St. Louis' historic and elegant Union Station. Topics included public works contracts, municipal courts, cool technologies for cities, downtown placemaking, legislative strategies and much more. More than 135 exhibitors shared the latest products and services for local government. The keynote speaker, David Horsager, shared the eight pillars of trust to help officials and employees succeed in serving Missouri communities. A magnificent light show entertained guests in the Grand Hall each evening, and the Super T Review Band performed at the MML Annual Banquet. At the Annual Business Meeting, members voted in new policy for the coming year and elected new leadership. Find more photos and information on MML's facebook page at www.facebook.com/mocities.
photo by Kevin Morgan
Above: David Slater, mayor of Pleasant Valley, was honored with the 2016 MML Distinguished Service Award at the MML Annual Banquet Sept. 13, 2016. Left: Riverside Mayor Kathy Rose and Hazelwood Mayor Matt Robinson were elected President and Vice President for the coming year.
photo by Kevin Morgan
photo by Kevin Morgan
photo by Kevin Morgan
24 theReview November/December 2016
photo by Kevin Morgan
photo by Kevin Morgan
photo by Kevin Morgan
photo by Kevin Morgan
photo by Kevin Morgan
photo by Kevin Morgan
photo by Kevin Morgan
photo by Kevin Morgan
26 theReview November/December 2016
photo by Kevin Morgan
photo by Kevin Morgan
photo by Kevin Morgan
photo by Kevin Morgan
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28 theReview November/December 2016
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MEMBERS' Notes NEWS LEE’S SUMMIT AND O’FALLON RANKED AS ONE OF “50 BEST” The financial website 247WallSt.com has ranked the City of O’Fallon 8th on its “2016 Best Cities to Live” list, citing a multitude of factors such as low crime, affordable housing, employment, median income, recreational resources, student achievements and opportunities for higher education. Lee’s Summit ranked 5th, due to employment growth, educational opportunities for residents, and a strong concentration of area colleges and universities.
MML Calendar of Events November 29-30
Missouri S&T Asphalt Conference, Rolla, Missouri
Pearl Harbor Remembrance Day
Damage Prevention and Excavation Summit, Springfield, Missouri
First Day of Candidate Filing
2017 January 4
Missouri Legislative Session Begins
Last Day for Candidate Filing
2016 DIGITAL CITY SURVEY WINNERS
MML West Gate Meeting, Independence, Missouri
Congratulations to the cities of Kansas City, Independence and Columbia, all top 10 winners for their size category in the 2016 Digital Cities Survey! Now in its 15th anniversary year, the annual survey, sponsored by the Center for Digital Government, recognizes cities using technology to improve citizen services, enhance transparency and encourage citizen engagement.
Final Certification to Election Authority
MML Central Meeting, Sedalia, Missouri
MCMA Winter Professional Development Workshop, Columbia, Missouri
EPA HONORS MAPLEWOOD AS GREEN POWER LEADER The city of Maplewood received the Green Power Community of the Year Award from the Environmental Protection Agency. The City’s support of green power increased by more than 300 percent, resulting in more than 5 percent of the community-wide total electricity use last year.
DISPATCH SERVICE PARTNERSHIP The city of Kirkwood will provide fire and emergency medical services (EMS) dispatching services to the city of Des Peres beginning Jan. 1, 2017, in a new partnership that the cities anticipate will lay the groundwork for similar kinds of service-sharing agreements across the region.
New Partners For Smart Growth, St. Louis, Missouri
MML Legislative Conference, Jefferson City, Missouri
NLC Congressional City Conference, Washington, D.C.
Municipal Elections Day
30- May 6
Local Government Week
Sunshine Law Training Crucial For Local Governments Recently, the Missouri State Auditor's office released a report showing that some local government entities do not correctly comply with the Missouri Sunshine Law. Make sure your municipalitiy understands how to comply correctly for the benefit of your community. Sign up today for MML's Sunshine Law online class, crafted especially for Missouri officials! ter Regis ! Today
2016 ARTICLE INDEX City Profile A Downtown Story: Waynesville Makes A Comback - 5, Nov Battlefield Proclaimed First AutismFriendly City in Missouri - 12, Nov City Of Arnold Effectively Beats Holiday Flood Disaster - 8, Sept Communication Leading Change - 26, Jul The Real Crisis And 8 Ways To Beat It - 24, Jul Economic Development 3 Steps Cities Can Take To Anchor Economic Partnerships - 25, Jan Making Homes More Energy Efficient - 15, Sept Missouri Pace Programs - 6, Jan Show-Me “FarMOlogy” - 12, Jan Streamlined Sales Tax - 8, Mar The City Of Lee’s Summit Development Center - 10, Jan Environmental Issues Our Missouri Waters - 5, Sept The Wonderful World Of Water - 12, Mar Tree City USA: Taking Pride In A Green Community - 6, Jul FAQs American With Disabilities Act, Part II - 18, Mar Municipal Governance Institute - 31, Jul Top Ten Local Government Myths - 22, Sept Legislation MML Legislative Recap - 9, Jul Local Government Beyond North Carolina’s LGBT Battle: States’ War On Cities - 26, May City Fiscal Conditions 2015 - 18, Jan State And Local Legal Center Advocates For Local Governments - 26, Jan 30 theReview November/December 2016
Missouri MunicipaL League Taking Part In The League’s Lobbying Effort - 16, Jan Director’s Report - 5, Jan; 4, Sept Feels Like Home Tour: Reaching Out To Rural Communities - 18, Sept Get To Know Your MML Board Of Directors: Mayor Bob Stephens And Mayor Bill Kolas - 22, Mar Get To Know Your MML Board of Directors: Mayor Kathy Rose - 24, Jan Getting To Know You: Mayor Eileen Weir - 24, Sept Member Profile: An Interview With St. Peters’ Alderman Terri Violet Regarding The Municipal Governance Institute 30, Jul President’s Report - 4, Jan; 4, May; 4, Nov The ABCs Of Being A Newly Elected Official - 16, May The Grandest Station In The Nation: A Brief History Of St. Louis Union Station - 22, Jul Municipal Administration Fair Labor Standards Act: Final Rules Published - 5, Jul Liquor In Missouri: Your Local Government Questions Answered - 12, Sept Missouri AfterSchool Network - 16, Mar News From The Bench Cities vs. Counties - 36, Jul Macks Creek II - 32, May New Issues In Redevelopment And Reporting - 29, Jan Sunshine Law Changes - 21, Sept Supreme Court Rule 37 And New Municipal Court Minimum Operating Standards - 14, Nov Public Works 5 Reasons Cape Girardeau Is Weathering Floods Better Than Ever Before - 5, May City Of Arnold Effectively Beats Holiday Flood Disaster - 8, Sept Creating The Legacy Of A Corridor 12, May
Driving Results For Perryville - 14, May Getting To Know You: City of Cape Girardeau Public Works Director Steve Cook - 8, May Independence Develops City's First Lee Platinum Building - 9, Nov Public Works Projects Around The State - 20, May Richmond Takes A Big Step For The Future - 9, May Transportation: It’s Time To Invest In Missouri’s Future - 4, Mar
2016 AUTHOR INDEX Baird, Jennifer - 12, Sept Brennan, Nicolette - 5, May Brohammer, Ron - 9, May Cheung, Keith - 14, Nov Corwin, Kevin - 12, May Denninger, Stanley - 14, May Dentner, Holly - 6, Jul Dunlap, Jeff - 8, Sept Dunlap, Jeff - 8, Sept Missouri Department of Economic Development - 12, Jan Goldstein, Linda - 26, Jul Greenblatt, Alan - 26, May Harris, John - 15, Sept Hardman, Luge - 5, Nov Heinz, Ken – 29, Jan; 32, May; 36, Jul; 21, Sept; ??, Nov Hoggatt, Jennifer - 5, Sept Horsager, David - 24, Jul Klaus, Krista - 10, Jan Kleiman, Neil - 25, Jan Lutgen, Jeremy - 12, May Mee, Juliet - 6, Jan Miller, Stephen - 4, Mar Milner, Karen - 5, Jul Schraeder, Ivan - 5, Jul Sheets, Richard - 9, Jul Sluys, Ed - 14, Nov Staff, League - 12, Mar Sutherland, Mike - 8, Mar Webb, Herbert - 9, Nov
32 theReview November/December 2016
Published on Nov 28, 2016
The MML Review is the premier publication of the Missouri Municipal League. The bi-monthly magazine features the latest topics and trends fo...