November Dates to Remember and Meeting Agenda

With November already here, I must apologize for this update being late. Due to several Halloween activities for my sons, one of my son’s third birthday, election day, and my vacation from work and trying to give my family my entire focus during my vacation, the time I usually update my blog slipped right by me. Wednesday’s planning meeting for the Aldermen, I think, did not produce any surprises, but we did receive the internal investigation from the police department regarding the complaint of a traffic stop of a 16-year-old girl that garnered media attention in early October. The report was very well done by our Police Department and reviewed by outside law enforcement agencies on the county, state, and federal level. I’ll have more detail at my breakfast town hall and it’s up for discussion for Monday’s public meeting too.

Keep my eye here on my blog, as always, for what’s going on, but also try to make it to Ziggie’s Café in Nixa from 9 to 11am this Saturday for more information and to discuss anything that is going on in Nixa that may concern you. Also, don’t forget the Board of Aldermen monthly public meeting this Monday, 7pm at City Hall. The agenda for our meeting is below.

In addition to these meetings, I am VERY excited to see the ribbon cutting of the Veteran’s Memorial at the Nixa Community Center on the 11^th at 11am. Please make every effort to be there to honor our veterans living in Nixa and the sacrifices they have made for us.

Finally, last week the Home Rule Commission unveiled the proposed City Charter that we will be voting on in April of 2010. If you haven’t already done so, you can check it out here.

NIXA BOARD OF ALDERMEN - PUBLIC MEETING AGENDA FOR MONDAY, NOVEMBER 9, 2009 AT 7:00 PM AT NIXA CITY HALL

Call to Order
Roll Call
Pledge of Allegiance

Approval of Minutes
Approval of Financial Report

Visitors:
None scheduled

Ordinances:
Bill #2009-111 Approval of Allied Waste Contract amendment
Bill #2009-112 Amend Chapter 9 Solid Waste and Weeds
Bill #2009-113 Amend Chapter 4 Animals
Bill #2009-114 Authorizing the Mayor to sign revised contract with Bales Construction
Bill #2009-115 Authorizing the Mayor to sign contract with Barton Electric
Bill #2009-116 Authorizing the Mayor to sign Agreement with Shaffer & Hines
Bill #2009-117 Vacation of Easement owned by Shaffer and Hines Inc.
Bill #2009-118 Authorizing the Mayor to sign revised contract with Nixa School District on Before/After School program

Resolutions:
Resolution #2009-111 Authorizing the Mayor to sign Memorandum of Understanding with OTO
Resolution #2009-112 Adopt the Recording Custodial Interrogations Policy
Resolution #2009-113 Approval of Highland Ridge Preliminary Plat

Discussion Items:
Walnut Creek Subdivision

Information:
Sales Tax Report
Building Permit Report
Police Report

Mayor and Aldermen Reports

Executive Session:
Executive Session pursuant to RSMo 610.021 Litigation and Personnel

Adjournment

The State of the Community

There was one subject that seemed to be the common thread during the State of the Community dinner and it's the subject that is the concern of everyone in the country, the economy. Ryan Bowling, editor of the NixaXPress, has an excellent report that covers the speeches here.

The economy is certainly what is on every one's mind. I really appreciate the campaign Sharon Whitehill Gray along with the Nixa Chamber of Commerce started last year at the State of the Community dinner, and continued the initiative into this year and that is the "B Vocal 4 Shop Local" campaign. Spending locally is more important now than ever before. It strengthens our economy and will make the community that much stronger when the overall economy of the country recovers. Sharon gave us some numbers that were eye-opening to me and hopefully for you as well. Did you know that if you spend $100 at a locally owned and operated store, up to $45 stays in the local economy? That same $100 spent at a "big-box" retailer keeps only $13 in the community. Spending that $100 outside of the community results in virtually none of that money staying within the community. Where else can you get a 45% return on your investment?

These numbers are incredible because keeping the money local results in increased revenues for the city, resulting in more services, parks, and lower rates. It also results in increased property values through a better overall community. I'm not one to go looking for more social programs offered by our city government, but there are expectations and a certain level of services that make Nixa a competitive place within the market of communities to attract businesses that start the cycle all over again. We should be looking for ways to increase our attractiveness that don't require higher taxes or "corporate welfare" where the city helps businesses establish in the community.

So when Sharon presented the "B Vocal 4 Shop Local" campaign last year, I personally looked for every way I could to keep my spending local. This year my family will step it up even more and I strongly encourage you to do the same. Nixa has enough to offer that it should cover most of what we spend our money on. My wife and I are even having our date nights in Nixa. There's plenty of wonderful places to eat in Nixa and I'm not talking fast food (taking my wife to a fast food place on date night probably wouldn't be my worst marital mistake I've ever made, but certainly wouldn't be the smartest either). I'm sure there are plenty of examples of things Nixa doesn't offer yet, we are still considered a small town after all, but check out the business directory on the Chamber of Commerce website. There are 27 categories with 427 businesses, organizations and individuals listed there! I'm sure we can all look into that directory and find a business that offers what we need in Nixa that we've been going into Springfield or on the Internet for.

While we, as members of a community, probably can't do much to turn the overall national economy around, we can make a HUGE difference in Nixa. Think about where you're spending your money and bring it back to Nixa and spend it there. That's the great thing about the "B Vocal 4 Shop Local" campaign; you don't have to feel like there's nothing you can do about our economic condition. There's plenty to do and the Chamber of Commerce has presented a way for us to do something about it rather than just complain or worry about it.

New Look

I've grown tired of the template that I chose when I started this blog. I hope this new look is functional and easy on the eye for everyone. If you have any trouble with it, comment on this posting or send me an e-mail at durbinward1@sbcglobal.net and let me know how I can improve. Thanks for visiting my blog and staying informed and active in what is going on with government in Nixa!

Trash Carts For Everyone!

The discussion regarding the forced use of Allied Waste's trash carts occurred today. It was an excellent discussion and was much more in depth than when we considered Allied's proposals last year.

Allied Waste is proposing that we force everyone in the community to use one of Allied Waste's carts and, after a grace period, allow them to refuse to pick up trash in any container but their own. This would not only affect those who are currently using their own store-bought cans and carts, but also those who are like me that already have a cart, but occasionally have to use a second can because we've produced more trash than normal due to holidays, kids birthdays, etc. I personally bought a 30 gallon trash can from Wal-Mart for just such an occasion and have had it for 7 years. Allied claims my trash can only lasts 1 to 2 years and therefore isn't cost effective, but with my use, it's been just fine for me. Allied's alternative offered for someone like me would be to force a second cart on me for an additional $0.70 a month. Over the 7 years I've used my own can, that's over $58 I would have had to pay for their cart rather than the $18 I paid for the Wal-Mart can.

The reasons Allied presented was this would improve aesthetics on our streets, our environment by stopping the plague of trash blowing down our streets and the unsafe conditions of trash accessible by kids that won't be if it were only in Allied's cart. I put together a presentation to counter what they presented to us that can be viewed below. I recommend you click on the 'Full' link at the bottom of the presentation's window because these photos were taken with my cell phone so detail is lacking in some but is better in full screen:

Automated Waste Collection Counter Presentation

View more presentations from City of Nixa.

So my opinion on this particular issue is that the City of Nixa shouldn't be in the business of forcing people to use any particular trash can. It amazes me that it is even a consideration that we should use the power of government to force people to use something just because some think it's better for most in the community. It's a one-size-fits-all mentality and if you were to see Allied's presentation alone, it looks and sounds good, but there are many cases where people don't need or want the carts offered by them and are perfectly happy with the store-bought cans and carts they are currently using.

Work Session Agenda for Wednesday, October 7, 2009

The Board of Aldermen will meet on Wednesday, October 7th at Nixa City Hall. The meeting will be in council chambers at noon. The issue I see being the most continuous will be what Allied Waste presented during our public meeting last month and is probably wishing to discuss during this meeting as well. They are asking that the Aldermen include a requirement that all residents use the trash carts provided by Allied Waste for an additional cost per month for those who aren't currently using Allied's carts. I will be interested in hearing what they have to say, but I do have a presentation of my own to answer the one they gave last month. I will be posting it here on my blog after Wednesday's meeting and my thoughts on what they are asking so keep an eye out for a new post on Wednesday or Thursday that will include the presentation and my thoughts. The following is on the agenda for discussion:

Call to Order

Employee Recognition:

John Patochek 20 years of service

Visitors:

Chris Snyder - Allied Waste

Discussion Items:

• Bulk Water Sales Deposit - Ordinance
• Right of Appeal amendment - Ordinance
• City Hall Lease/Purchase - Ordinance
• Before/After School contract - Ordinance
• 911 Agreement - Ordinance
• Bulk Water Sales/Fire Hydrant Meter Use Policy - Resolution
• Purchasing Policy - Resolution
• Collector Street Policy - Resolution
• ARRA Projects
  Public Hearing on the facilities plan
  Mayor as authorized signatory - Resolution
  Local Fund Assurance affidavit
• Eastwood Hills NID
• High-Pointe Water Tower Engineering Contract
• 2010-2015 Capital Improvement Program
• 2010 Cost of Living Adjustment and Budget Schedule

Development Activity:

• Highland Ridge Preliminary Plat
• Shaffer Easement Vacation

Information:

• Veterans Memorial Update

Technology & Economic Development

Watch this video and then read below:



Fascinating how much technology has crept into our lives and will continue to do so more and more isn't it?

So how does Nixa capitalize on this industry and continue the effort to ensure economic development keeps up with the growth of our residential?

My proposal was discussed last Thursday and we were given a presentation by Springnet that proposed how the community can begin to focus in the area of technology business. It is my personal belief the time when a community will develop their transportation and industrial infrastructure to attract economic development is over. That's not to say we shouldn't focus on street improvements, but just to say it's not something that is going to attract a major trucking industry to Nixa for example. There won't be many businesses, if at all, looking to build factories or transportation hubs in areas like Nixa. However, Nixa is ideal for technology companies and the package they look for when considering locating their business in a particular area, with one glaring exception.

Nixa has long been dependent upon private businesses to provide Internet infrastructure (Fiber Optic cabling) in the community and typically I would be okay with that. Private business meeting the demand for a certain product is free market at its purest. The issue is, when I found that a business was looking into locating their data center that houses hundred's of servers and provides 300-500 jobs in Nixa, but they didn't consider Nixa for long because the Fiber Optic infrastructure wasn't there nor reliable enough to serve the industry, I knew we needed to do something to take us from being Springfield's bedroom community to a viable self-sustained community where people live, work and play all in the same city. Not only was there interest from the outside, but we also polled the existing businesses within our industrial park and a majority expressed interest in taking their current service to another level to serve their needs.

So we are faced with allowing the private sector to address these needs or take it upon ourselves as a municipality to address the issue. There are two schools of thought regarding a city getting into the Internet service provider business. Some believe it should be left exclusively to the private market and others believe it's so widely used it is considered like a public utility. And for technology businesses that's exactly correct. Their business can't function without Internet service and they demand it be reliable (most expect the service to be on 99.9% of the time) just like electricity would be necessary for a factory or retail business. So I'm not prepared to advocate the city get into providing Internet service for homes, but I believe there can be a case made for getting into being the provider for businesses.

We approached several private companies that would have the capability to address the need and none expressed interest, even with the data that showed the businesses in the industrial park needed faster or more reliable service. Without the private sector willing to contribute, we were faced with considering a public owned option. With this we have a wide range of options the Board could consider, all with price tags based upon how many options we wanted. Springnet, a division of City Utilities of Springfield, offered a proposal that outlined infrastructure that served the demand of what our current businesses were asking for, but also opportunity to expand down the road as the interest came along. In addition, the costs to implement this fiber optic backbone and service to the businesses were way below my initial expectations.

As with all expenditures by the city, I consider in my position I try to consider all sides. In this particular situation it's exciting to me because it's far below costs I was expecting (we won't even have to use stimulus funds which I have a special hatred for anyway) and it recognizes the fact that Nixa has been considered in the past by the technology sector and we are addressing the reasons why Nixa wasn't an option then. This way the economic development the community needs badly can occur. On top of this, the businesses that need the service currently can have it provided and that will cover the costs the city spent to get the initial infrastructure.

So, considering the video, and considering the fact that Nixa probably isn't going to attract any large factories or transportation hubs, technology is going to be the way Nixa can break out of the stagnate business market and attract lasting industry that will serve our community for a long time to come.

Is it a right to not wear a seatbelt?

It was another interesting Board of Aldermen meeting Monday evening. By far the issue that brought up the most opinions was the primary seat belt law we considered. In a nutshell the state law requires people in a vehicle on public streets to wear a seat belt, but an officer can not pull the vehicle over if that is the only law they are breaking. If they are caught doing something else wrong and not wearing their seat belt then the officer can ticket them for a not wearing it in addition to what they actually pulled them over for. The primary seat belt ordinance allows the officer to stop a vehicle, and even ticket them, for the sole purpose of someone not wearing their seat belt.

The main argument against a seat belt law is that it's the person's right to not wear a seat belt if they so choose. The liberty to make the choice is an argument typically made by those who consider themselves conservatives but wouldn't go so far as to call themselves libertarians. The reason I say this is because they will advocate a person's right to choose in a case such as this, but you bring up a person's right to choose when discussing abortion and their principle falls apart. They might argue that it's apples and oranges, but in both cases you are taking away a right to choose because someone else's liberty is being infringed upon more so than the rights they are losing by a law being enacted. No matter which side you fall on in this issue, someone is going to lose liberty.

Consider this scenario to justify how someone loses liberty when a person doesn't wear a seat belt. If you have two identical accidents, let's take a truck flipped over while hill topping for example, in one the driver IS wearing their seat belt and the other the driver ISN'T. The overwhelming evidence shows that the driver not wearing a seat belt will suffer more injury than the driver who did wear their belt, most of the time. So the driver who did not wear a seat belt will take more of the liberty of those who have to provide care to him, in the form of their labor. He will require more attention, from the first responders to the hospital staff, because of more extensive injuries that occur.

I consider myself to be a conservative person, but I do not wish to be so focused on the immediate infringement of rights that government is bound to take on any of its actions that I don't consider those who suffer loss of liberty on the other end of a person's actions.

Please take 20 minutes and watch the following videos that shows my perspective on liberty and what I think our form of government is supposed to be. They say in that time more about how I feel than I could write in a novel:

The Philosophy of Liberty: http://www.youtube.com/watch?v=3Uqha0Mq-ck
The American Form of Government: http://www.youtube.com/watch?v=DioQooFIcgE

So, is it a right to not wear a seat belt?

A right, as mentioned in the United States Constitution, is a right to an action. I have a right to speak, to publish, to peaceably assemble, to petition the government, to bear arms, etc. These rights do not take from others liberty. Some will argue that there are ‘positive’ and ‘negative’ rights, those that are your right and do not infringe on others liberty, and those ‘rights’ that do infringe on others liberty (maybe in the form of their labor or finances, a product of a person’s liberty) but can still be considered a ‘right’.

The right to not wear a seat belt appears to be one that does not take others liberty at first glance and most of the time that impression would be correct. That would assume that the wearing of a seat belt during those safe trips from point A to point B is its only purpose, but let’s look at the real reason for the seat belt. The wearing of a seat belt is to prevent or mitigate injury in the event of an accident. Again, the case can be made that the wearing of a seat belt is a right even in the event of an accident, but this doesn’t consider other’s liberties once the accident has occurred.

In the event of an accident where a person has not worn a seat belt, they begin to utilize others liberty, as seen in the video on the Philosophy of Liberty, in the form of their services and labor to administer care to those involved in the accident. The liberty of the first responders, the liberty of the ER staff, nurses and doctors and the liberty of the taxpayers who have funded the services that typically respond to a crash are all being infringed.

The case can be made that these services will need to be used whether or not the person was wearing a seat belt and that very well could be true. However, putting anecdotal evidence aside, the overwhelming evidence that injury and death is less when a person is wearing a seat belt vs. not shows that personal injury and therefore first responder and medical costs are less when a person is wearing a seat belt. Therefore, it can be said those who do wear seat belts are imposing on others liberty less than those who don’t, even more so in the case of an uninsured motorist where the liberty of others is used to pay medical costs completely. St. John’s trauma data for the 65714 zip code finds that of those who are uninsured or are on Medicare/Medicaid only 75% of non-seat belt users pay their way while 90% of those who were wearing their seat belt pay, so they do cost the system more on a more regular basis.

So in this particular ordinance are we taking away a person’s right to decide whether or not to wear a seat belt, or are we considering the liberty of those who must serve them when an accident occurs? The medical professionals who serve those involved in a traffic accident needing medical care do not have the liberty to choose whether or not to serve those needing their care. So it is my opinion we should consider ways to minimize the use of the medical professionals liberty by minimizing the amount of medical care a motorist may need in the event of an accident. This ordinance requiring the use of seat belts in Nixa is a compromise on the infringement of liberty that must occur in the event of traffic accidents and the motorist’s right to decide whether or not to wear a seat belt.