The Missouri Municipal Review The Official Publication of The Missouri Municipal League November 2015
In This Issue: • City Profile: Blue Springs • MML Policy Guide • Enforcement Trends in the Municipal Marketplace • Use Tax FAQs Missouri Securities Investment Program A Cash Management Program for School Districts, Counties, Municipalities and Other Political Subdivisions
The Missouri Securities Investment Program (“MOSIP”) is a comprehensive cash management program for school districts, counties, municipalities, and other political subdivisions. MOSIP was created in 1991 by the Missouri School Boards Association. MOSIP offers its investors a professionally managed portfolio with competitive money market rates. Administered by: PFM Asset Management LLC MOSIP stresses maintaining safety, Sponsored by: liquidity and yield as the primary Missouri School Boards Association • Missouri Association of School Administrators investment objectives. Missouri Association of School Business Officials • Missouri Association of Counties • Missouri Municipal League
Registered Representatives This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Missouri Securities Investment Program’s portfolios. This and other information about the Program’s portfolios is available in the Program’s current Information Statement, which should be read carefully before investing. A copy of the Information Statement may be obtained by calling 1-877-MY-MOSIP or is available on the William T. Sullivan, Jr. Maria Altomare Henry Sun Program’s website at www.mosip.org. While the MOSIP Liquid Series seeks to Managing Director Managing Director Analyst maintain a stable net asset value of $1.00 per share and the MOSIP Term portfolio 631-806-9470 cell 1-800-891-7910 x3091 1-800-891-7910 x3095 [email protected] [email protected] [email protected] seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Program. An investment in the Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Program’s portfolios are distributed by 77 West Port Plaza Drive • Suite 220 • St. Louis, MO 63146 PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority 1-800-891-7910 P.O. Box 11760 • Harrisburg, PA 17108-1760 (FINRA) (www.finra.org and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM 2 / November 2015 1-877-MY-MOSIP The Missouri Municipal Review www.mocities.com Asset Management LLC. Missouri Securities The Investment Program Missouri Municipal A Cash Management Program for School Districts, November 2015 Review VOLUME 80, NO. 6 Counties, Municipalities The Official Publication of The Missouri Municipal League and Other Political President Mayor Randall Rhoads CONTENTS Subdivisions Lee's Summit 4/ President's Report 6/ City Profile: Blue Springs Vice President by Asia Jones and Kim Nakahodo Mayor Kathy Rose Riverside 8/ A Story Of FEMA: Success, Frustration And Lessons Learned Immediate Past President by Mayor Luge Hardman Mayor Bill Kolas Higginsville 12/ Enforcement Trends In The Municipal Marketplace:
"Writing On The Wall" e by Daniel T. Manning
16/ In Praise Of Our Communities MISSOURI MUNICIPAL LEAGUE by Steve Roth The BOARD OF DIRECTORS Missouri Eric Berlin, City Administrator, North 17/ Missouri Municipal Policy Guide, 2015-2016 Securities Kansas City; Stephen Galliher, Mayor, Sedalia; Tim Grenke, Mayor, Centralia; 28/ 2015 MML Innovation Award Winners Investment Program David Kater, Mayor, Desloge; *Bill Kolas, (“MOSIP”) is a comprehensive cash Mayor, Higginsville; Donald Krank, Council 33/ Have You Ever Noticed The Guy That Cleans management program for school Member, Black Jack; Chris Lievsay, Council Up Your Trash? districts, counties, municipalities, and Member, Blue Springs; Paul Martin, Attorney, by Jeff Kempker other political subdivisions. MOSIP Olivette; *Norman McCourt, Mayor, Black was created in 1991 by the Missouri Jack; John “Rocky” Reitmeyer, Alderman, 36/ MML 81st Annual Conference Photos School Boards Association. St. Peters; Randall Rhoads, Mayor, Lee's Summit; Matthew G. Robinson, Mayor, DEPARTMENTS MOSIP offers its investors a Hazelwood; Kathy Rose, Mayor, Riverside; 34/ FAQs: Use Tax And Vehicle Sales Tax professionally managed portfolio with *Carson Ross, Mayor, Blue Springs; Tom Short, competitive money market rates. Administered by: PFM Asset Management LLC City Administrator, Carthage; Robert Stephens, 39/ Professional Services Directory MOSIP stresses maintaining safety, Mayor, Springfield; Scott Wagner, Council Sponsored by: Member, Kansas City; Eileen Weir, Mayor, 41/ Member News liquidity and yield as the primary Missouri School Boards Association • Missouri Association of School Administrators investment objectives. Missouri Association of School Business Officials • Missouri Association of Counties • Missouri Municipal League Independence; *Gerry Welch, Mayor, Webster Groves; Nici Wilson, City Clerk, Pleasant Hill 42/ MML Calendar Of Events *Past President 43/ 2015 MML Review Article Index Registered Representatives This information is for institutional investor use only, not for further distribution to e retail investors, and does not represent an offer to sell or a solicitation of an offer Laura Holloway, Editor to buy or sell any fund or other security. Investors should consider the investment Contributing Editors: Dan Ross and Richard Sheets objectives, risks, charges and expenses before investing in any of the Missouri AFFILIATE GROUPS: Missouri City Securities Investment Program’s portfolios. This and other information about the Management Association; City Clerks and Missouri Municipal Review (ISSN 0026-6647) is the official publication of the Missouri Municipal League state association of cities, towns and Program’s portfolios is available in the Program’s current Information Statement, Finance Officers Association; Government villages, and other municipal corporations of Missouri. Publication which should be read carefully before investing. A copy of the Information Finance Officers Association of Missouri; Statement may be obtained by calling 1-877-MY-MOSIP or is available on the office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Missouri Municipal Attorneys Association; Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates William T. Sullivan, Jr. Maria Altomare Henry Sun Program’s website at www.mosip.org. While the MOSIP Liquid Series seeks to Missouri Park and Recreation Association; Managing Director Managing Director Analyst maintain a stable net asset value of $1.00 per share and the MOSIP Term portfolio on request. Published bi-monthly. Periodicals postage paid at Jefferson 631-806-9470 cell 1-800-891-7910 x3091 1-800-891-7910 x3095 Missouri Chapter of the National Association City, Missouri. Postmaster: Send form 3579 to 1727 Southridge Drive, [email protected] [email protected] [email protected] seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Program. An investment in the Program is of Telecommunications Officers and Advisors; Jefferson City, MO 65109. To contact the League Office call 573-635-9134, fax 573-635-9009 or not insured or guaranteed by the Federal Deposit Insurance Corporation or any Missouri Chapter of the American Public email the League at [email protected]. other government agency. Shares of the Program’s portfolios are distributed by Works Association; Missouri Association of The League’s Website address is: www.mocities.com. 77 West Port Plaza Drive • Suite 220 • St. Louis, MO 63146 PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority Fire Chiefs. 1-800-891-7910 P.O. Box 11760 • Harrisburg, PA 17108-1760 (FINRA) (www.finra.org and Securities Investor Protection Corporation (SIPC) 1-877-MY-MOSIP (www.sipc.org). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM www.mocities.com The Missouri Municipal Review November 2015 /3 Asset Management LLC. President’s Report. . .
City of Lee's Summit Mayor Randy Rhoads was elected as President of the Missouri Municipal League at the MML Annual Conference in September. He will serve a one-year term. Mayor Rhoads will lead the MML Board of Directors in guiding MML policies and initiatives in 2016. The Missouri Municipal League is governed by a Board of Directors consisting of a President, Vice President, Active Past Presidents, 12 elected municipal officials and five appointed municipal officials; with at least one Board member from each Congressional District.
limitations or constraints placed on What Are Your Interests Outside one’s community by well-intentioned Of Local Government? but limiting legislation or regulations from other governmental bodies. Probably my greatest interest is being a grandparent (I am a really good What Is Your Most Important one). Also, I enjoy playing golf and oal his ear s ou erve s MML President G T Y A Y S A supporting our sports teams. Mayor Randy Rhoads MML’s President? Lee's Summit Where Would You Most Like To I have two goals: to promote and Travel, And Why? encourage meaningful discussions on What Sparked Your Interest In My short answer is YES. I find it is the transportation challenges facing our Local Government? interesting to visit and see other parts State and to protect the ability for local of the world and, if nothing else, helps governments to make the decisions that me fully appreciate home. There were a couple of factors. are best for their communities. I had been involved in boards, commissions, and served as a city What Advice Would You Offer council member for a number of years. To Someone Considering Service I worked as an mechanical engineer in As A Local Government Official Follow MML! the private sector, retiring in 2007. After In Their Community? retiring, I decided to run for mayor. I figured if I win, I’ll gladly serve and if I Don’t allow yourself to get discouraged lose, I’ll play golf; clearly this was a “no if solutions to issues do not move as fast lose” situation! Further, my wife fully as you would like. Also, bear in mind supported me in this decision because that you are spending other people’s her father had also served as mayor. money and your decisions will be analyzed and reviewed by constituents, What Has Been The Toughest not all of whom are supportive of Lesson You Have Learned you or your decisions. Further, base During Your Career In Local your decisions on your own thought Government? www.twitter.com/mocities processes and rationale, avoiding excessive influence from outside of the The wheels of government turn much deliberative process or special interests. slower than in the private sector. Ultimately, you are the one accountable Actually, that is a good concept; since for your decisions. you are spending the electorate’s money, issues should be thoroughly vetted before committing to use tax How Would You Describe Your dollars. City To Someone Who Had Never Visited? In Your Opinion, What Are The Most Important Issues Facing Lee’s Summit is one of Missouri's larger Local Government In Missouri? cities but with a small community www.facebook.com/mocities feel. Recently, we retained an outside
consultant to help “brand” Lee’s Summit I suspect every community in Missouri and, after interviews and surveys, has pressing needs that far outweigh determined that the appropriate tagline available resources. That is a tremendous for our city was “Yours Truly”. challenge further complicated by www.mocities.com
4 / November 2015 The Missouri Municipal Review www.mocities.com Joplin Council Member Melodee Colbert-Kean Becomes President of the National League of Cities
Colbert-Kean is the First Missouri City Official in NLC Top Leadership in Five Decades
Joplin Council Member All NLC officers are selected by a 15-member nominating Melodee Colbert-Kean became committee and are elected by NLC’s membership. President of the National League of In her leadership role, Colbert-Kean plans to focus Cities at the annual NLC Congress on NLC’s top three challenges for cities: crumbling of Cities and Exposition Nov. 4-7 in infrastructure, e-fairness/marketplace fairness and Nashville, Tennessee. Colbert-Kean continuing tax-exempt municipal bonds. is the first Missouri city official to be “Many cities are taking the lead on shaping growth with named to top leadership with NLC creative partnerships,” said Colbert-Kean. “These help keep in more than 50 years. a city’s infrastructure, recreational needs and employment Colbert-Kean will serve a one- base strong.” year term in this role representing Colbert-Kean is committed to community and civic more than 19,000 cities and towns. service. She served as Joplin’s mayor from April 2012 to She will represent Missouri while April 2014, and mayor pro tem from April 2010 through April meeting with national leaders in Congress and abroad. 2012. As an elected official since April 2006, she has served “It’s fantastic to see Missouri represented at the top on the Missouri Municipal League’s Economic Development level in this important organization, and we know Melodee & Human Resources Committee, and as chair of the League’s will play a vital role in strengthening communities across Natural Resources and Urban Development Committee. She the country,” said Dan Ross, Missouri Municipal League has been an active board member with NLC, serving the last executive director. two years as second and first vice president. Missouri has had two other mayors in NLC leadership. A lifelong Joplin resident, Colbert-Kean and her Mayor Raymond R. Tucker, St. Louis, served as president husband William own MEs Place, a soul food kitchen in 1960 and Mayor W.F. Kemp, Kansas City, was president restaurant. She is a Missouri licensed realtor. in 1954.
www.mocities.com The Missouri Municipal Review November 2015 / 5 City Profile CITY OF BLUE SPRINGS by Asia Jones and Kim Nakahodo
he city of Blue Springs, Plan to construct new infrastructure, the Howard L. Brown Public Safety Missouri, has a rich history leverage façade improvements, and add Building is slated for completion Tthat can still be seen historic-style streetlights. Funding for later this year and will feature a more throughout our community. As we plan these improvements was made possible customer service-oriented design to for the future, we work to preserve the through the Community Development better serve the residents and police history while embracing the changing Block Grant program and Chapter officers. needs of residents, businesses, and 353 Tax Abatement through the Main Streetscape improvements also visitors. Center Redevelopment Corporation. have been a major project for Downtown Incorporated in 1880, Blue Springs The City has made significant Alive! and the City, including the was developed in the early 19th century progress in the downtown corridor addition of new benches and new as settlers built the town around an by developing relationships with recycling/trash receptacles along Main abundant water supply coming from a various community partners, including Street. Placing recycling bins throughout spring of the Little Blue River—hence Downtown Alive!, an enthusiastic downtown gives community members the name Blue Springs. As the City group of volunteers. As a four-year the option to increase recycling and expanded, growth centered around participant of Missouri Main Street improve livability in the corridor. the new railroad tracks still visible in Connections, Downtown Alive! has Another addition to the corridor was the downtown corridor. In the past 40 engaged and connected with Blue bikeracks, handcrafted and donated years, the population grew from 6,779 Springs community members to provide to Downtown Alive! by Blue Springs to the current populace of more than improvements to downtown that are Bike Shop. This increased accessibility 53,000 residents. To meet the needs both aesthetic and functional. One of for bicyclists who visit the downtown of such a fast-growing community, a the primary advocacy goals Downtown corridor. Such enhancements won the conscious effort was made to invest in Alive! was to address was the lack of City, Downtown Alive! and the Blue places and people, bringing vibrancy parking for downtown patrons. Springs Chamber of Commerce the and convenience to the residents. As the City began to plan for a Streetscape & Public Improvement The Blue Springs community major renovation to the Howard L. Project Award from Missouri Main has a vision for a vibrant, mixed-use Brown Public Safety Building, the Street Connections in 2015. As a result downtown that is the economic and design committee incorporated the of the City’s infrastructure investments, social heart of the City. This concept has community’s desire to increase public many new and established businesses been achieved through years of intense parking into the scope of the $22 million have relocated from major corridors community discussion, including dollar project. By working with private to the thriving downtown district, multiple citizens’ visioning sessions. land owners and the Blue Springs showing that working closely with As a result, the Downtown Master Plan Chamber of Commerce, the City was community partners makes a positive was adopted by the Blue Springs City able to add 160 parking places and difference for residents and business Council in 2007. nine handicap parking places to the owners. To date, more than $1.6 million downtown district in 2014, for a total In the process of bringing new life has been invested in downtown Blue investment of approximately $450,000. to the downtown corridor, Blue Springs Springs as part of the Downtown Master With this increased parking capacity, is careful not to erase its history. One
6 / November 2015 The Missouri Municipal Review www.mocities.com method of preservation is the ‘Remnants Restored’ Public Art Project, a result of a partnership between the Blue Springs Public Art Commission and Downtown Alive!. This project celebrates the City’s history by featuring two sculptures that incorporate recovered materials from Blue Springs’ past, including recovered aluminum from downtown’s historic America’s Community Bank building and steel from the downtown water tower, a former City landmark. The artists have been commissioned and each of the unique pieces will be installed in fall 2015 As downtown Blue Springs comes to life with new amenities and boutique businesses, the City also is investing in its residents’ recreational and wellness needs. One such investment was the creation of the Blue Springs Fieldhouse, formally known as Sports City. The purchase of the facility was made possible through a generous donation by long-time resident and parks champion Linda Landhal Edison. This project serves as a win-win as it redeveloped an aging, function-specific building and saved a significant amount of taxpayer dollars by repurposing a building already located in the community. With a final cost of approximately $6.5 million, the facility was purchased and renovated using existing resources, private funds, and a self-sustaining pro forma to eliminate the need for additional tax payer support. Thanks to this innovative reuse of an existing facility, Blue Springs now provides fitness and recreation opportunities that can benefit residents in all of Eastern Within its 76,000-square-feet of indoor space, the Fieldhouse offers four, hard-surfaced courts that can be used for basketball, Jackson County, no matter their fitness volleyball or pickleball; two walking tracks, one hard-surfaced level. track, an artificial turf track; and a new artificial turf field for Within its 76,000-square-feet of indoor soccer, flag football or sports training. indoor space, the Fieldhouse offers four, hard-surfaced courts that can be used for basketball, volleyball or pickleball; two walking tracks, one hard-surfaced track, an artificial turf track; and a new a virtual instructor. Another option have strengthened relationships with artificial turf field for indoor soccer, is to use the state-of-the-art fitness community partners and created flag football or sports training. These center measuring 6,500 square-feet a more vibrant Blue Springs. areas can be used for pickup games outfitted with equipment that has the during open gym sessions or for league latest technology to help users track Asia Jones is a University of Missouri J-School play, appealing to the novice or more and maintain their fitness goals. While alumna with a passion for local government. advanced athlete. parents workout, children can hang out She has served as a board member for the City of Kansas City, Missouri, and now works Created with people in mind, in the Kidz Corner, a child watch area in Communications for the City of Blue Springs, the Fieldhouse provides recreational that provides activities for youth. To Missouri. Kim Nakahodo is the Assistant to opportunities the entire family can maximize the facility’s usefulness to the City Administrator and has served in local enjoy together. While one person uses residents, the majority of the amenities government for more than 17 years, more than five years with the City of Blue Springs, the instructor-led spin and aerobics can be used by paid members and by Missouri. classes, another family member can non-members who purchase a day pass. try an interactive workout through Both the renovated Fieldhouse the Fitness On Demand™ feature, and the successful revitalization allowing them to follow along with efforts in the downtown corridor www.mocities.com The Missouri Municipal Review November 2015 / 7 A STORY OF FEMA: SUCCESS, FRUSTRATION AND LESSONS LEARNED by Mayor Luge Hardman
In the early morning hours of Aug. 6, 2013, the torrential rain falling on the city of Waynesville brought a feeling of foreboding of what was to come in the following days and weeks. Not able to sleep, I logged onto my Facebook page and wrote, “I am fearful of what tomorrow holds for us.” As a new mayor, I was nervous and felt unprepared for such a disaster. Over a period of three days, 22 inches of rain inundated our community. When it was over, a young mother and her son had lost their lives: 23 homes in the City, and more than 260 homes throughout the County, were badly damaged. The City had suffered more than $1,000,000 in damage to equipment and infrastructure. The residents of Waynesville were forever changed that night; not only because of material loss, but the loss of security. Since the flood, with the help of Ameri-Corps and VISTA, we have begun a community organization, dedicated to disaster preparedness. Communities Organized Against Disaster (COAD), meets monthly and brings faith-based groups and non-faith-based entities together to prepare for disasters. We are a community that has learned valuable lessons from this tragedy.
Clean Up documenting what was happening each and our municipal neighbors for help. The two weeks after the flood were day. Willis was the “paper person,” in Early on, FEMA denied individual busy with disaster response and clean charge of all documentation and filling assistance to our citizens; that presented up for citizens and city staff. Dealing out the voluminous forms required by an extra concern to the City, as we with Federal Emergency Management FEMA and SEMA. began to research different volunteer Agency and State Emergency City employees responded quickly groups to help with the rebuilding and Management Agency (FEMA/SEMA) and worked long hours to help residents repair of individual homes. during the following months was recover. Ruined appliances, discarded The week after the flood, the City an adventure. For many of us in the food, mattresses, and household debris hired a hydrology team, Benton and City, it was not a new event. In 2007, very quickly began to spoil in the Associates, to provide an analysis of the an ice storm had also devastated our summer heat; the stench became evident event and suggest plans for mitigation. community and our employees felt they throughout the City. In the first two The engineer’s report highlighted were ready for what was to come. With weeks, the City removed more than 300 a 100-year flood event for most of camera in hand, Executive Assistant tons of debris from affected residents. Waynesville, with pockets of a 500- Sandy Willis took photo after photo, We relied on the sanitation company year flood event around the Mitchell
8 / November 2015 The Missouri Municipal Review www.mocities.com Creek area. Waynesville is accustomed to the flooding of the Roubidoux River and in this case, it did flood. However, the major damage was from a small creek that runs through the City. Mitchell Creek overflowed its banks and devastated several residential areas. Mitchell Creek is the depository of more than 4,000 acres of watershed, including the south side of • Interstate 44. This area is under county jurisdiction and has • no planning and zoning, thus no • regulation for drainage and storm water • to accommodate the massive amount of building that had taken place in recent years. The flash flood that day came barreling down on the residents of Waynesville, as Mitchell Creek collected all the storm water from across the Interstate. Rocky Start From the very beginning, FEMA/ SEMA worked with the City to line out the recovery process. However, a number of FEMA representatives were assigned to Waynesville and Pulaski County. Meeting after meeting, new people would arrive and paperwork would be shuffled. Agents would have to learn names, locations, and people all over again. We felt however, that we had a handle on what was expected. We had a plan! We were going to make things better for our citizens and the City. “Mitigation” became the key word for Waynesville in the weeks and months that followed the flood. Einstein’s quote is very appropriate for how we looked at this opportunity: “Insanity is doing the same thing over and over again, expecting a different result.” The City’s strategy was to correct the mistakes of years past of not addressing problem areas. We After a frustrating start, the partnership with SEMA/FEMA has been began the planning of four major successful and we believe Waynesville has become an example of mitigation projects to improve these what should happen after a disaster. areas. For many years, the flooding of the Roubidoux had caused damage to point by DNR because of the gas it to save money and be more efficient in the baseball fields, the RV park and its shower house, the Roubidoux sewer emitted. Correcting these issues was mitigating these problem areas. lift station and the street department. paramount, with an opportunity for Once we began to turn in requests This was an opportunity to correct that. help with funding the projects. for funding approval and begin the The consensus of the City Council The City Council and City staff actual work, things took a bad turn. All was to move these facilities off the felt that the City was following the of a sudden our “mitigation projects” banks of the Roubidoux River and, mission of FEMA – to lessen the effect of became “alternate projects” and then, in the case of the lift station, out of flooding. As strategies took shape, the “improved projects” and we were told the actual creek bed. The lift station City paid for the engineering and the the funding would not be coming. had been a constant hazard to the design of these four major mitigation For example, the lift station project, Roubidoux, as the sewage backs up in projects. We were not wasteful with tax estimated at $255,705, was cut to heavy rain and spews into the river. It money; in fact, in many instances we $77,000, making the proposal of moving was even termed “dangerous” at one were using our own workers and assets it out of the creek bed untenable for our www.mocities.com The Missouri Municipal Review November 2015 / 9 budget. All four of the major mitigation projects took severe cuts, as the use of certain language made the projects not fit into specific categories. After all the work and planning, it seemed that our mitigation efforts were not going to happen. Throughout this process, the paperwork became challenging; it seemed much more involved than in 2007. “The ice storm was fairly easy compared to the flood,” said Willis Things had changed at FEMA and the City was facing roadblocks. In May 2015, the City requested a meeting with SEMA/FEMA in Jefferson City to air our complaints and appeal the funding decisions. The City expected an adversarial meeting and we were prepared with data and arguments. Willis, City Administrator Bruce Harrill and I met with the disaster team. Before we could deliver our prepared speeches, the SEMA/FEMA team announced a new set of reimbursement figures. We were told they had looked into our complaints and arguments and they had come to agree with us. We were astounded and thankful for a good ending to our concerns. At the end of the day, the people of Waynesville won and we believe that SEMA/FEMA won, too. The City became a positive example of mitigation. Another major goal of the City continues to be attention to the Mitchell Creek area. Since 2013, the City has removed more than 320 tons of debris and gravel from the creek; the City is in the process of designing a gravel trap to stop the flow of gravel and debris from the large watershed across the Interstate. The City focused on improving storm drainage, and has also received a FEMA grant to replace the last of the low-water crossings with a bridge. We are beginning to remove the lift station and have already moved the Street Department to a new location on higher ground. The RV park is open and now has a new mobile shower house. The Kiwanis Ball Fields have been moved to higher ground. Things are improving and Waynesville is moving forward. No city can build for a 100-year flood event, much less the pockets of a 500-year flood event that we experienced in 2013. As weather continues to For many years, the flooding of the Roubidoux had caused damage to become unpredictable, cities must be the baseball fields, the RV park and its shower house, the Roubidoux prepared for natural disasters. The city sewer lift station and the street department. This was an opportunity of Waynesville has persevered; now to correct that. two years later, we continue to plan and improve emergency preparedness.
10 / November 2015 The Missouri Municipal Review www.mocities.com After a frustrating start, the partnership with SEMA/FEMA has been successful and we believe Waynesville has become an example of what should happen after a disaster. RESCUE AND RESPONSE RECOMMENDATIONS Luge Hardman is the mayor of Waynesville. Elected in 2012, Hardman is a retired high 1. Utilize emergency preparedness plans. school and college instructor. She has lived in Waynesville for more than 40 years. 2. Partner with first responders. 3. Determine losses and areas of concern. 4. Designate a headquarters or base of operations. 5. Designate a spokesman for the response team TIPS FOR DEALING WITH and media requests. DISASTER AND FEMA/SEMA 6. Use mutual aid agreements. 7. Designate a center for displaced persons. 1. Have employee 8. Determine need for state law enforcement documentation on paper (time, equipment, materials, etc.). assistance. 9. Have a plan to manage volunteers and donations. 2. Keep project documents in 10. Research individual governmental assistance. separate files. RECOVERY 3. Keep all e-mails and document all phone calls with 1. Have plans for emergency housing and supplies. FEMA/SEMA. 2. Remove debris. 3. Use mutual aid agreements. 4. Document all mail to FEMA/SEMA. REBUILD
5. Read the project 1. Plan for mitigation. thoroughly when returned from 2. Designate point of contact for SEMA/FEMA. FEMA/SEMA. Make sure their 3. Reassess emergency management procedures. narrative matches yours. 4. Expand mutual aid agreements.
As water and wastewater Missouri’s own Alliance We can solve problems grow, more and more Water Resources is a every problem of our local communities are national leader in solving realizing that they may be up exactly these problems. on this list. that famous creek: When you’re up the Canoe? capital improvement projects proverbial creek, call technical challenges (573) 874-8080 or visit shortages of licensed personnel www.alliancewater.com government regulations revenue shortfalls.
View Project Profiles at www.alliancewater.com www.mocities.com The Missouri Municipal Review November 2015 / 11 ENFORCEMENT TRENDS IN THE MUNICIPAL MARKETPLACE: “WRITING ON THE WALL” by Daniel T. Manning
Imagine you are a city official, standing before a group of citizens, about to deliver a speech announcing that the city will be selling municipal bonds to fund essential road and sewer repairs in your town. By now the news has gotten out, and the citizens of your fiscally conservative, debt-averse town are skeptical. Why does the city need to issue bonds to pay for the repairs? Is there another way to fund them? If not, why bother making the repairs? Are they really necessary? Your goal with this speech is to inspire enthusiasm for the project and put any concerns your citizens might have about the city going into debt to pay for the repairs to rest. You might highlight the importance of the repairs to maintain a high quality of life for the city, and to protect the safety of drivers on the road. You might explain that a bond issuance is the best way to pay for the improvements while ensuring the city has enough cash on hand to pay for the city’s many other needs. Finally, you might reassure your citizens that the city is financially healthy and will be able to repay the bonds. However, based on recent Securities and Exchange Commission (SEC) action, you just made a disclosure regulated by securities laws that might lead to a SEC enforcement action against you and your city.
ederal Securities laws prohibit issuers of the end of 2011 there were more than one million different municipal bonds from making any misstatement outstanding municipal bonds with a total aggregate principal F of material fact, or making a statement that is of more than $3.7 trillion. The growth and current size of misleading because of the omission of a material fact “in the municipal bond marketplace is indicative of the success connection with the purchase or sale of securities.” A fact local governments have had financing projects through bond is considered “material” if it is reasonably expected for the issuances and of the attractiveness of municipal bonds to statement to reach investors, and if there is a substantial investors; municipal bonds typically enjoy advantageous likelihood that a reasonable investor would consider it tax treatment and historically have a lower rate of default important in making an investment decision. Certain than corporate bonds. However, the growth of this public statements and required disclosures are plainly connected market also has brought increased scrutiny by regulators, to the sale of securities, and are plainly material. For particularly regarding issuer disclosures. instance, issuers in public markets must always prepare Enforcement in the municipal Securities market has and file an official statement for the purpose of selling the evolved on two fronts: 1) in the type of information SEC Securities in the primary offering, and the underwriter will considers “material,” and 2) in what is expected of issuers usually require the city to file annual financial statements. in the disclosure process. As early as 1994, SEC took the However, SEC has indicated that it interprets a “material position in a statement published in the Code of Federal statement connected with the sale of Securities” much Regulations that any statement “concerning the entity’s more broadly than mere filings and statements directed fiscal affairs” reasonably expected to reach investors and the towards the marketplace. Over the last decade, SEC has trading markets was considered a material fact in connection steadily and incrementally heightened its expectation for with the purchase or sale of Securities. Public statements and disclosures affecting the municipal Securities market. The press releases made by municipal officials not necessarily dawning of this “new day” in SEC’s focus has resulted in an intended for investors were expressly mentioned. The unprecedented number of enforcement actions and penalties statement concluded by saying: against cities. “Since access by market participants to current and reliable information is uneven and inefficient, municipal “Writing On The Wall” issuers presently face a risk of misleading investors through Municipal Securities are an essential tool for local public statements that may not be intended to be the basis governments to finance public infrastructure projects. of investment decisions, but nevertheless may reasonably As such, the municipal Securities market has grown be expected to reach the Securities markets . . In order to exponentially over the last 30 years. According to a 2012 minimize the risk of misleading investors, municipal issuers Report on the Municipal Securities Market issued by SEC, at
12 / November 2015 The Missouri Municipal Review www.mocities.com Water "Over the last decade, Wastewater Stormwater SEC has steadily and Highways incrementally heightened its Streets expectation for disclosures Bridges www.hornershifrin.com affecting the municipal Structural Health Care securities market. The Mechanical dawning of this “new day” in Engineering Design Solutions Electrical SEC’s focus has resulted in Since 1933 Plumbing an unprecedented number Fire Protection GIS/Mapping of enforcement actions and Surveying penalties against cities." Construction Engineering
should establish practices and procedures to identify federal Securities laws” and Government Accounting and timely disclose, in a manner designed to inform the Standards Board financial reporting provisions; trading market, material information reflecting on the • The importance of always keeping the overarching goal creditworthiness of the issuer and obligor and the terms in mind, which is full and fair disclosure to investors; of the Security.” • The importance to disclose known bad news; and Two years later, in a “Report of Investigation” • The need to hire auditors with the skills to do the job. regarding the conduct of the Board of Supervisors of Orange County, California in a bond offering, SEC again signaled its expectations of municipal issuers’ disclosures. In that Director Thomsen’s prediction proved correct, and case, the supervisors merely relied on the representations SEC’s attention to the municipal Securities market did of the County’s agents with respect to the information in increase. By 2010, SEC had expanded its investigatory the official statement before approving it. In SEC’s view, scope to include enforcement actions for negligent conduct, this was not enough. The county supervisors “had a duty rather than intentional misstatements or misleading to take steps appropriate under the circumstances to assure omissions. Now, SEC may bring an enforcement action if accurate disclosure was made to investors.” it determines that a material misstatement or misleading omission occurred merely as a result of the issuer’s failure SEC has continued to set standards for issuers in to exercise reasonable care. Intentional misconduct is not more recent enforcement orders and public statements. In necessary. The breadth of authority now exercised by SEC a 2007 white paper to Congress, SEC recommended several developed gradually over several years of regulations, revisions to issuer disclosure requirements, including enforcement orders, and speeches exposes municipal issuers “ensuring that issuers establish policies and procedures to an unprecedented level of liability. for disclosure appropriate for the particular issuer” and “clarifying the legal responsibilities of issuer officials for the Could Your Municipality Be Next? disclosure documents that they authorize.” Later that year, Linda Chatman Thomsen, then director of the division of There are several enforcement actions that illustrate enforcement at SEC, delivered a speech calling the municipal how expansive SEC interprets its regulation of municipal Securities market “a top priority for SEC” and stating her issuers. In Harrisburg, Pennsylvania, both the City and the belief that “SEC’s attention to this market segment will mayor were sanctioned for, among other things, making a increase.” In that same speech, Thomsen laid out five materially misleading disclosure during the mayor’s state “critical lessons” that she believed municipalities should of the city address when the mayor referred to the City’s learn from the recent enforcement actions. These included: problems servicing the debt on a bond offering as “an additional challenge” and an “issue [that] can be resolved.” In South Miami, Florida, the City was sanctioned after it • A review to ensure that the municipality had written failed to report that a public-private development financed policies and procedures in place that produce complete by tax-exempt municipal bonds had changed to a fully- and accurate disclosures; private development that affected the tax treatment of the • Training to municipal officials and employees bonds. In the enforcement order, SEC noted that significant “regarding the applicable disclosure requirements of turnover in the City’s finance department left no one www.mocities.com The Missouri Municipal Review November 2015 / 13 advertisement
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14 / November 2015 The Missouri Municipal Review www.mocities.com of a city’s finances. Ultimately, it is essential to start with an evaluation of existing procedures, determine the gaps, and craft an enhanced policy that fills those gaps. According "All signs indicate that the to NABL, a comprehensive policy that will help prevent disclosure problems down the road will have the following scrutiny directed at the municipal features:
Securities market is the new • Include a description of every type of statement regarding a city’s financial health that might reach the normal, and cities should take marketplace; note of the trend." • State specific procedures for due diligence, review, consultation with professionals if needed, and final approval; • Include a documentation process; and, • Describe a training process for key personnel associated knowledgeable of the City’s disclosure obligations, and with the disclosure process. the lack of a formal training program for new employees constituted a lack of reasonable care by the City. Of Training is one of the areas that SEC has touched on particular import in these and other enforcement actions, time and again in its enforcement orders, as exemplified in the SEC noted incomplete or non-existent disclosure policies South Miami case. Training helps ensure current personnel and procedures as a cause in the municipality’s violation. are up to date on the most current law and guidance from All signs indicate that the scrutiny directed at the regulatory authorities, informs new employees of disclosure municipal Securities market is the new normal, and requirements and their responsibilities, and forces everyone cities should take note of the trend. In 2014, the SEC involved to consider the strengths and weaknesses of their Division of Enforcement announced the “Municipalities specific municipality’s policies and procedures. Finally, Continuing Disclosure Cooperation Initiative” in which it NABL stresses the importance of following the policy once offered “favorable settlement terms” to issuers and other adopted. It cannot serve its preventative function if it is market players who self-report continuing disclosure stuffed in a drawer and ignored. Indeed, ignoring an existing violations to the Division of Enforcement. However, the policy could, itself, be evidence of negligence by an issuer Division made clear that it offered “no assurances that should a disclosure problem arise once a policy is adopted. it will recommend the above terms in any subsequent enforcement recommendation.” The not-so-subtle message No Time Like The Present to municipalities and other parties in the municipal The regulatory tenor presently surrounding the Securities marketplace was essentially, self-report now, or municipal Securities market is demonstrably different feel the wrath later. from ten years ago. SEC has been increasingly active in sanctioning municipal issuers who, in their view, are Time For A Proactive Approach? providing an incomplete picture of their financial situation In August 2015, the National Association of Bond to the marketplace. Even unintentionally negligent conduct Lawyers (NABL) issued a white paper to its membership can land a city in hot water and lead to serious sanctions, discussing best practices in crafting disclosure policies, including excluding municipal officials personally from particularly emphasizing statements not necessarily directed participating in future financings. In such a hostile at investors. The report noted the increased enforcement environment, it is imperative for local governments that activity against municipal bond issuers as an influencing have issued or plan to issue municipal bonds to take factor for the report, and pointed out SEC’s consistency in preventative measures to protect themselves. Implementing requiring disclosure policies in recent enforcement orders a comprehensive policy that takes into account recent against municipal issuers. While the report stopped short developments in municipal Securities enforcement of imploring municipal issuers to adopt a disclosure policy can save municipal issuers the hassle, embarrassment, pre-issuance, it made a point to note the advantages of doing and repercussions of a SEC enforcement action. so, particularly the preventative benefits, such a policy would afford. Furthermore, there was no need for NABL to Daniel T. Manning is an associate attorney with Cunningham, Vogel and make such an exhortation; SEC has done so time and again Rost, a full-service law firm that exclusively represents local governments. over the last decade. That NABL found the topic important He specializes in economic development and public finance law. You can enough to warrant its own white paper on the heels of such contact him at [email protected]. a hostile environment should be warning enough: now is the time to be proactive. The NABL paper points out, as SEC has in past, that it is important to keep the purpose of disclosure in mind when developing a policy and then carrying it out – disclose material information to the market place so that investors can judge the financial health of a city and make a determination as to whether to purchase the bonds. This requires an active process of considering what role different information plays in painting a clear and accurate picture www.mocities.com The Missouri Municipal Review November 2015 / 15 IN PRAISE OF OUR COMMUNITIES by Steve Roth
speaker at a conference I attended recently workspace and together with his associates we worked challenged the crowd to, in so many words, be out the plan. “We’ll get it done!” he assured me, and I A positive. We undervalue the things we have, had no doubt that he would. she said, and overvalue those things we don’t. We compare Then I walked down our beautiful historic main ourselves to others and, in the municipal government arena, we can end up envying the resources those other cities have, street, a place of pretty shops and galleries and the best the big salaries they must be making, their robust sales taxes grain alcohol money can buy (Pinckney Bend Distillery). and gleaming new streets, their fun-loving mayors, and I took a glance at the Missouri River, our constant downtowns full of tourists. companion (friend and sometimes foe), its muddy water Meanwhile, we look at our own towns and see only ever rolling. It was good to be home, walking our quiet the streets that need fixing, the derelict buildings that streets and feeling positive again about all the good need demolishing and the employee(s) who need an things we have going on here. attitude adjustment. We cuss our critics and naysayers It is easy in municipal government to dwell on while taking for granted the friendly neighbor down the the bad. Our town is small and of course we have our street. We brood over our town’s problems while the problems, but we also have attributes we should never strong points get filed away and forgotten. forget. We have police officers who literally put their The conference speaker hit a nerve with me and lives on the line for the safety and betterment of our I returned to my town on a recent Friday afternoon community. We have streets and utilities workers who determined to see it with new eyes. While I did have a take seriously their duty to the public and the taxpayers. few minor fires to put out upon returning, I also had the We have a wonderful city staff who take the best care pleasure of seeing some of our town’s best strengths in of our customers, our citizens and taxpayers, as we can. action. We have excellent people working hard every day I was greeted at City Hall by the very cheerful and to provide for their families and to help strengthen their competent staff. I drove out to a street project in progress community. We have city officials and staff who have and was amazed at the work that had gotten done in the made a true commitment to public service, and do their few days since I was gone. The crew was still working best at it. We have the beauty and charms of living in a on it, finishing up; a couple of them were putting in small town that most of us wouldn’t trade for anything. overtime to make sure the construction area was safe In municipal government, we truly do work in a for the weekend. noble profession. It is an honor to serve our fellow citizens, Then I saw the mayor, who was complimenting the to work with our staffs and colleagues for the betterment street crews as well. After hearing a few tales of rogue of our communities. Often, in the day-to-day grind, we mayors at the conference, how nice it was to see ours in can forget this. We should remember why we got in this action – one who makes his rounds with the best interests business in the first place, for the love of our communities, of the community at heart. and never take for granted all the good we have in them. Later, I visited a local business owner who was literally making a special “Key to the City.” Steve Roth is the city administrator for the city of New Haven, Missouri. “Are you here about the key?” he asked when I came in. I just grinned and nodded. He invited me back to his
16 / November 2015 The Missouri Municipal Review www.mocities.com MISSOURI MUNICIPAL POLICY GUIDE 2015-2016
The Missouri Municipal Policy Guide serves as the statement of policy relating to the authority, responsibility and financing of municipal government and to federal and state laws and administrative regulations affecting local government. The crafting of the annual Policy Guide is a very important function of MML. The primary process is that four appointed policy committes meet each summer to discuss and debate policy issues facing Missouri cities. The result is new or amended policy recommendations that are reviewed and finalized by the Resolutions Committee. These final policy recommendations are presented to the general membership for adoption at the Annual Business Meeting during the MML Annual Conference each fall. Members may modify or offer new policies during the Business Meeting for adoption by the general membership.
MML RESOLUTIONS COMMITTEE Chair, Dale Bagley, Mayor, Macon Jan Neitzert, Executive Director, MO Parks & Recreation Patrick Bonnot, Loss Cont/Mem Serv Dir, MIRMA Assn. Terry Briggs, Mayor, Bridgeton Randall Rhoads, Mayor, Lee’s Summit Shane Cohn, Alderman, St. Louis Scott Roberson, Council Member, Independence Barry Glantz, Mayor, Creve Coeur Matthew G. Robinson, Mayor, Hazelwood J.T. Hardy, City Administrator, Sullivan Kathleen Rose, Mayor, Riverside Brian Hasek, Mayor, Harrisonville Debi Salberg, Council Member, Webster Groves Christine Ingrassia, Alderman, St. Louis Mike Schneider, Mayor, Overland Leonard Jones, Mayor, Grandview Arthur Sharpe, Jr., Council Member, University City Norman McCourt, Mayor, Black Jack Gary Shaw, Council Member, Joplin Robert McDavid, Mayor, Columbia Robert Stephens, Mayor, Springfield Arthur McDonnell, Mayor, Kirkwood Christopher Thornton, Mayor, Brentwood Mike McDonough, Mayor, Raytown Scott Wagner, Council Member, Kansas City Terry McVey, Counselor, Kennett David L. Willson, Mayor, Manchester Steve Moore, Council Member, Fulton
ECONOMIC DEVELOPMENT AND HUMAN Bob Russell, Economic Dev Dir, Florissant RESOURCES COMMITTEE Tom Short, City Administrator, Carthage Carrie Tergin, Mayor, Jefferson City Chair, Gary Lathrop, Council Member, Belton Christopher Thornton, Mayor, Brentwood Barbara Abram, Council Member, Bridgeton Scott Von Behren, Council Member, Belton Judy Bateman, Alderman, St. Peters Debra Wilkerson, Council Member, Malden John Biggs, Mayor, Webb City Don Bormann, Alderman, Centralia ECONOMIC DEVELOPMENT POLICIES Brent Buerck, City Administrator, Perryville Errol Bush, Alderman, Northwoods ACCESS TO CAPITAL John Butz, City Administrator, Rolla The MML supports public and private efforts Jack Chase, Alderman, Northwoods to provide access to seed and venture capital for viable Linda Christle, Executive Director, Sedalia projects by Missouri entrepreneurs. The state of Missouri, in conjunction with its communities, shall make an effort Russ Fortune, Trustee, Twin Oaks to assist new and expanding businesses with access to Allan Gray, Council Member, Lee's Summit competitively priced financing. Andrew Leahy, Alderman, Brentwood Penny Lyons, Mayor, Osage Beach MISSOURI WORKS PROGRAM Vicky McLeland, City Administrator, Macon The MML supports “Missouri Works,” a program Jacqueline Patton, Clerk, Velda Village Hills that combines the Development Tax Credit Program, the Jim Pepper, Council Member, O'Fallon Rebuilding Communities Tax Credit Program, the Enhanced Enterprise Zone Tax Credit Program, and the Missouri Jerry Reese, Council Member, St. Charles Quality Jobs Program and rolls their functions into one www.mocities.com The Missouri Municipal Review November 2015 / 17 LIFE SCIENCES AND BIOTECHNOLOGY The MML supports state efforts to promote life sciences/ biotechnology investments in Missouri.
MARKETING EFFORTS The MML supports an increased emphasis on marketing the state of Missouri as a location for business expansions. Marketing efforts should be expanded to include additional emphasis on high tech companies, manufacturing, agriculture and service operations. A coordinated effort between The Missouri Partnership, all appropriate state agencies and between state and municipal groups promoting business, industry, agriculture, animal science and tourism should be fostered in promoting the resources already available in Missouri. The state of Missouri must continue to assist businesses in reaching new markets for their products and services, including an increased awareness of international opportunities and new technologies. stream-lined program to promote business retention, expansion and attraction in Missouri for job creation and SUPER TAX INCREMENT FINANCING CAPS capital investment. The state should consider establishing additional and separate funding for rural, micropolitan and The MML urges the General Assembly to increase metropolitan statistical district projects for the retention and the existing fiscal cap on the super Tax Increment Financing expansion of existing businesses at a community level. (TIF) program.
CONFIDENTIAL NEGOTIATIONS MISSOURI TECHNOLOGY CORPORATION The MML supports changes to Chapter 610 RSMo to allow economic development projects to be negotiated in The MML supports full utilization of the Missouri closed session similar to the exemption that currently exists Technology Corporation and support of its goals and for real estate. objectives. STATEWIDE SPORTS COMMISSION DOWNTOWN REVITALIZATION AND The MML urges the state of Missouri to consider the ECONOMIC ASSISTANCE FOR MISSOURI economic benefits of a statewide sports commission with the PROGRAM (DREAM) responsibility for assisting in the recruitment and support The MML supports the concept of downtown of regional sporting efforts. revitalization and reinstituting the funding and expanding of the DREAM program due to prior success. TAX ABATEMENT The MML supports the preservation of Chapter 353 ECONOMIC INCENTIVE PROGRAMS RSMo, the urban redevelopment law, including the option The state of Missouri should maintain basic of tax abatement without unwarranted restriction by other economic incentive programs including but not limited to: governmental units. 1) Community Development Block Grants, 2) taxable and tax-exempt financing programs, 3) various tax credits, 4) TAX CREDIT PROGRAMS the Missouri Linked Deposit Program, 5) Environmental The MML opposes subjecting the tax credit Improvement and Energy Resource Authority, 6) Missouri program to the appropriations process as this puts Industrial Development Loan Guarantees, 7) enterprise Missouri at a competitive disadvantage. MML supports zones, and 8) Missouri Works. All such programs should the retention, and funding of these tax credit programs: be maintained at existing or increased levels. a. Low Income Housing Tax Credits INDUSTRIAL REVENUE BONDS b. Tax Credit for Contributions Program The MML supports the extension and expansion of the dollar limit on tax-exempt industrial revenue bonds to c. Neighborhood Assistance Program Tax Credits provide financing for business expansions. d. Historic Preservation Tax Credits e. Brownfields Jobs and Investment Tax Credits
18 / November 2015 The Missouri Municipal Review www.mocities.com f. Missouri Build Tax Credits g. Film Production Tax Credit HUMAN RESOURCES POLICIES h. New Markets Tax Credits i. Investment Credit Tax Programs AFFORDABLE HOUSING AND HOMELESSNESS TAX INCREMENT FINANCING The MML urges state agencies to work in conjunction The MML opposes legislation to exempt any with Missouri municipalities as well as private and not-for- governmental entity from being required to contribute profit organizations to address the areas of: homelessness; to the tax increment financing (TIF) allocation fund. The affordable housing; supported living services for seniors MML opposes any attempt to change the purpose or types and the disabled; and rehabilitation of existing housing. of development permitted under current TIF statutes. The Legislative oversight committees should be established to MML supports legislation that clearly requires all applicable give these issues the attention they deserve. taxes, pre- and post- adoption, to be subject to the TIF. WORKFORCE DEVELOPMENT AND HUMAN TAX INCREMENT FINANCING (TIF) AND RESOURCES TRANSPORTATION DEVELOPMENT DISTRICT To encourage the continued implementation of job (TDD) REPORT FILING PENALTY training, such as the OJT program, the MML supports: The MML supports a revision to the Tax Increment 1) Continued emphasis on the education and training Financing (TIF) report filing law that prohibits cities from necessary to provide a competitive work force in Missouri, initiating a new TIF project until the annual report is filed including promoting higher standards for all levels of and encourages the Missouri Department of Economic education. Development to be required to send an annual reminder 2) Adequate state funding for preschool, primary, of the annual report due date. The MML also supports secondary and post-secondary public education, including legislation to cap the penalties for late filing of Transportation new educational initiatives to ensure the availability of a Development Districts (TDDs) annual reports to $10 per day Missouri work force equipped with the technical skills to with the fine not commencing until 14 days after notice by compete in future decades. the State Auditor of the late filing. 3) Strong coordination between agencies involved in the job training, retraining and placement systems and the TECHNOLOGY TRANSFER business sector; The MML supports funding for applied research at 4) More resources for centers designed to assist high Missouri based educational facilities, technology transfer, school drop-outs and potential drop-outs to earn high school and the commercialization of this knowledge to create jobs diplomas or equivalency certification; in Missouri. 5) Continued and increased support for state job training funds targeted for all businesses and not-for-profit TOURISM PROMOTION organizations. The MML supports increased funding efforts for 6) More training dollars as an economic incentive to tourism promotion campaigns, including promoting the encourage organizations to target further development of state of Missouri domestically and internationally as a visitor their existing workforce. destination. The MML encourages the General Assembly 7) Working closely with private industry and not-for- to increase funding for arts and culture, specifically the profits to plan and implement programs that assist in adult/ Missouri Arts Council and the Missouri Humanities Council. youth training, worker reentry, the underemployed, seniors The MML supports the efforts of local communities to and work reentry programs for ex-offenders. promote its natural resources and tourism destinations. In addition, cost sharing between local and state promotional 8) Preserving economic development tools used to groups has proven to be a cost-effective way to increase support affordable “workforce” housing. exposure and should be expanded. 9) Expand Show Me Heroes program to include The MML supports development of art and cultural incentives to attract skilled veterans. industries in Missouri. 10) Develop incentives to retain college graduates The MML supports the preservation of Missouri‘s throughout the state. natural beauty which makes it a tourist destination. CHILD CARE TRANSPORTATION INFRASTRUCTURE The MML urges the state to develop education The MML recognizes the importance of transportation programs and incentives to ensure development of public/ infrastructure to Missouri economic development and private partnerships to enhance and expand quality child supports continuing reviews of the structure of the Missouri care and early childhood education facilities, including Department of Transportation (MoDOT) and of funding care for infants, children with special needs, weekend and resources to address transportation needs that: non-daytime shift workers and the adequate training of child care providers. Public and private employers should 1. Consider the economic importance of connectivity. be encouraged to provide quality child care and early 2. Provide for mass transit. childhood education centers and programs through the use 3. Maintain existing infrastructure. of tax credits or other incentives including but not limited to cafeteria plans (Section 125 of the Internal Revenue www.mocities.com The Missouri Municipal Review November 2015 / 19 NEEDS OF SENIORS AND ADULTS WITH DISABILITIES The MML calls on all levels of government to recognize the needs of seniors and adults with disabilities and to help them remain independent. Further, the MML urges: 1) The General Assembly to provide adequate funding to the Missouri Department of Health and Senior Services (DHSS). The DHSS should in turn provide adequate funding for services such as: Medicaid meals, home delivered meals, community senior centers, transportation, and ombudsman services. 2) The DHSS to make readily available funding to the local Agency on Aging for information and referral services. 3) Local governments to encourage senior volunteerism in their communities. 4) The DHSS to fund and encourage development of intergenerational mentoring and outreach programs that focus on: education, quality of life, and life experiences. Code) and flexible work schedules. Technical assistance and training must be available to local providers. The MML urges the Department of Social Services (DSS) and the Department of Health and Senior Services FINANCE AND TAXATION COMMITTEE (DHSS) to adequately fund services and staff to guarantee quality child care for Missouri children, particularly to Chair, Rob Binney, Council Member, Lee's Summit ensure that funds are available for child care licensing staff Justin Burnett, Council Member, Springfield to properly license and monitor family, group home and child care centers. The MML also supports the licensing of Greg Camp, City Administrator, Desloge private and faith-based child care centers and encourages Betty Cotner, Finance Director, Town and Country the DHSS and DSS to jointly develop quality incentives that Dick Davis, Council Member, Kansas City would promote voluntary accreditation or other similar David Dickerson, Alderman, Harrisonville quality standards for all child care providers. Matt Harline, City Administrator, Centralia COMMUNITY EDUCATION Robert Hensley, Mayor, Velda City The MML strongly supports the use of state funds Daniel Hernandez, Alderman, Wood Heights for community education programs that are proactive and/ Arnold Hinkle, Council Member, Black Jack or rehabilitative. Examples of these include, but are not Theodore Hoskins, Mayor, Berkeley limited to programs that prevent or address issues such as: Mary Lowry, Clerk/Treasurer, Jackson • substance abuse; Norman McCourt, Mayor, Black Jack • gambling addiction; Arthur McDonnell, Mayor, Kirkwood • juvenile delinquency; Jerry Mills, Council Member, Kirksville • gang activity; Nathan Schauf, City Administrator, Owensville • child abuse; Dan Smith, Finance Director, Creve Coeur • teenage pregnancy and the education of teenage Shonte Young, Alderman, Moline Acres parents (including prenatal and postnatal care); • parenting skills; E-COMMERCE TAXATION • drop-out prevention programs; The MML urges Congress and the state of Missouri • reduction of unemployment/underemployment; to define that all sales and use tax on sales of tangible • and development of adequate and available property be treated fairly and equitably whether the sales recreation facilities and programs. take place over the counter, by phone, by mail order, by internet or by any other electronic means. The MML urges Congress to enact legislation that redefines nexus to include economic nexus as well as physical nexus so that out-of-state mail order sales and internet sales are treated the same as sales within the same state.
20 / November 2015 The Missouri Municipal Review www.mocities.com PROPERTY TAX HEARING ROAD AND BRIDGE TAXES The MML supports streamlining the process by The MML supports legislation to require that the changing the deadline for setting the municipal property percentages stated in the various statutes on road and bridge tax levy as required in Section 67.110 RSMo to 30 days taxes be spent for road and bridge projects in incorporated after receiving from the county the assessed valuation of cities rather than such expenditures being discretionary on all property located within the municipality. the part of counties and road districts.
TAX RESTRUCTURING TAX ON HOTEL/MOTEL GUESTS The MML opposes the use of a higher sales tax rate The MML urges the General Assembly to adopt to replace the corporate and individual income taxes. legislation authorizing all cities to levy a tax on hotel Missouri’s cities rely upon sales taxes for general fund guest rooms with approval of said tax by the voters. The and enterprise fund operation. If the state sales tax rate is legislation should also require the Department of Revenue dramatically increased, municipalities would be crippled to collect the tax if requested to do so by a city enacting the in seeking voter approval of new sales taxes and Missouri tax. businesses would lose retail sales to adjoining states and the Internet. CABLE AND VIDEO FRANCHISING The MML vigorously opposes any federal legislation BUSINESS AND OCCUPATION LICENSES and regulations that would alter or completely eliminate The MML supports legislation to authorize the ability of local governments to enter into and enforce municipalities to license, tax and regulate the occupation local cable franchise agreements unless such legislation of merchants, manufacturers and all businesses, avocations, requires the payment of local franchise fees, compliance pursuits and callings and to, by ordinance, base such with local rights-of-way regulations, payment in lieu of in- licenses on gross receipts, square footage, per capita, flat fee, kind services, operational grants and consumer protection graduated scale based on gross or net receipts or sales, or provisions. any other method of measurement of tax or any combination thereof derived or allocable to the carrying on or conducting PRESERVATION OF PEG ACCESS TELEVISION of any business, avocation, pursuits or callings or activities The MML supports the Community Access Preservation carried on in such cities. Act (CAP) which removes use restrictions on public, educational and government (PEG) access fees, restores PEG EXEMPTIONS FROM LOCAL OPTION SALES revenue streams, and ends cable operators’ discriminatory TAX treatment of PEG channels. The MML urges Congress to The MML strongly opposes the exemption of any enact the CAP Act in order to preserve local PEG channels. further items from the local option sales tax and encourages a thorough review of current exemptions to examine their REGULATION OF MUNICIPAL BROADBAND validity. Also, the MML continues to oppose state-mandated The MML opposes any state or federal legislation sales tax holidays that do not provide a local option on that regulates, restricts, or prohibits municipalities from participation or nonparticipation in the holiday. Should the providing municipal broadband services. General Assembly approve additional sales tax holidays, the MML requests that all future sales tax holidays include an TAXATION OF CELL PHONES, VoIP AND opt in provision while still allowing the municipality the option to opt out in future years. OTHER COMMUNICATION SYSTEMS The MML supports legislation to impose or maintain FEE COLLECTIONS ON ANNUAL PROPERTY local gross receipts taxes on cellular, land-line and VoIP TAX BILLS telecommunications providers and other types of personal The MML supports legislation authorizing an communications technology. The MML also supports entity that collects the property tax for itself or for other legislation that allows wireless devices to be taxed while taxing jurisdictions to also collect any other tax or fee that holding harmless the cities and counties that have enacted it authorizes or is authorized by another taxing jurisdiction. sales taxes to address 911 funding issues.
LOCAL EARNINGS/INCOME TAXES UTILITY TAXES The MML favors local control of decisions regarding The MML strongly opposes any legislation capping levels and types of municipal taxation and believes it the rate or reducing the amount of utility taxes imposed by sets a bad precedent to allow voters throughout the state municipalities. to overrule local voters’ decisions to approve rates and methods of taxation to support essential local services such STATE/FEDERAL MANDATES as police and fire protection. The MML urges members of the General Assembly and Congress to work with local officials to determine how PROPERTY TAX RATE CAP to limit the fiscal and other burdens of mandates on the The MML urges the General Assembly and the operation of municipal government. electorate to raise the caps by 25 cents respectively imposed Further, the MML supports an assessment of on municipal property tax rates by Article X, Section 11(b) current state and federal programs, regulations and policies Missouri Constitution and Chapter 94 RSMo. to determine the extent of adverse cost, structural and intergovernmental impacts on cities. www.mocities.com The Missouri Municipal Review November 2015 / 21 OTHER POST-EMPLOYMENT BENEFITS MUNICIPAL ADMINISTRATION AND (OPEBS) INTERGOVERNMENTAL RELATIONS Accounting standards, GASB (Governmental Accounting Standards Board) Statements 43 and 45, require COMMITTEE all state and local governmental agencies to report costs Chair, Chris Lievsay, Council Member, Blue Springs and obligations for other post- employment benefits in their John Best, Mayor, Bolivar financial statements. While GASB Statements 43 and 45 do , City Clerk, Springfield not require that governmental entities actually fund other Brenda Cirtin postemployment benefits (OPEB), those that do not are in Adam Couch, Mayor, Odessa danger of lowered credit ratings, and may be subject to less Barry Glantz, Mayor, Creve Coeur favorable discount rates in calculating total unfunded OPEB Bruce Harrill, City Administrator, Waynesville liabilities or mandated revenue stream diversions. The Donald Krank, Council Member, Black Jack MML urges the Governor and General Assembly to give Ken McClure, Council Member, Springfield municipalities the ability to fund OPEB to ensure that local governments are able to adequately meet future obligations. Mike McDonough, Mayor, Raytown Keith Moody, City Administrator, Harrisonville PUBLIC DEPOSITS AND INVESTMENT OF IDLE Glen Moritz, Mayor Pro Tem, Kirksville FUNDS Andy Morris, City Manager, Moberly The MML supports passage of legislation that would John Morris, City Manager, St. John repeal the archaic laws governing depositories for funds and Russell Rost, City Administrator, Union clarify the investment authority of statutory cities. Ron Scheets, City Administrator, Cabool Such legislation, at a minimum, should include Thomas Schneider, Mayor, Florissant authority for statutory municipalities to choose one or Mahesh Sharma, City Administrator, Raytown more depositories for public funds under conditions and terms determined by the municipality, including the choice Michael Spurgeon, Dir of Admin, St. Charles of facilities outside the city. It should also clearly permit Everett Thomas, Mayor, Northwoods investment of municipal funds in obligations of the state; A.J. White, Council Member, Black Jack obligations issued by the United States; obligations fully insured or guaranteed by the United States or a United States government agency; repurchase agreements secured BLIGHT/EMINENT DOMAIN by United States Treasury securities; obligations of any The MML vigorously opposes efforts to prohibit the corporation of the United States government; prime bankers’ use of eminent domain to rehabilitate blighted areas and acceptances; and deposits, time deposits, certificates of other essential public uses that benefit the health, safety, deposit (negotiable or non-negotiable), shares, share accounts and general welfare of the municipality. MML also opposes or other interest bearing accounts in depository institutions any effort that would negatively impact nuisance abatement chartered by this state or by the United States. The MML programs. The MML should work with utilities, businesses, further supports a standardization of collateralization developers, and other groups to inform the public of the ben- requirements for depository institutions. Collateral should efits of eminent domain and nuisance abatement programs. not be required of any depository institution for that portion Eminent domain is indispensable and is most often of the municipality’s deposits covered by insurance of any used as a last resort for revitalizing local economies, creating federal agency. much-needed jobs and generating revenue that enables cities to provide essential services. Eminent domain is a powerful TRANSPORTATION NEEDS tool; its prudent use, when exercised in the sunshine of pub- While the MML strongly supports appropriate lic scrutiny, helps achieve a great public good that benefits funding for transportation purposes in Missouri, the MML the entire community. Economic policies and incentives opposes the use of sales taxes by the state of Missouri as the supported by the Governor and adopted by the General primary source to raise revenue for meeting the needs of Assembly will have little effect in encouraging business the state’s highways, roads and transit systems. The MML to expand or relocate in Missouri to support the economic urges the General Assembly and Missouri Department of vitality of the state if land cannot be assembled through the Transportation (MoDOT) to devise a comprehensive plan power of eminent domain if necessary. The MML supports to increase the needed revenue for meeting Missouri’s changes in the law to further ensure fair treatment and just transportation needs and securing federal matching funds. compensation of property owners, but any such changes Such plan should dedicate sufficient funding to provide should be carefully drafted to permit use of eminent domain quality mass transit services throughout the state. This for economic development purposes when necessary. should include funds for systems that serve the elderly, handicapped and low-income residents. POSTING OF LEGAL NOTICES IN NEWSLETTERS OR ON WEBSITES The MML strongly supports legislation to allow for publication of legal notices including but not limited to financial statements, land use and election notices in municipal newsletters and on websites in lieu of the un- funded mandate for newspaper publication to help keep the
22 / November 2015 The Missouri Municipal Review www.mocities.com public apprised of local affairs in a much more cost effective local governments, pursuant to the Missouri Constitution method. (Article X, Section 21) commonly referred to as the “Hancock Amendment.” GENERAL ASSEMBLY TERM LIMITS The MML strongly supports legislation to initiate FINES IN MUNICIPAL COURT an amendment to the Missouri Constitution to lengthen or The MML supports legislation to standardize the modify term limits for members of the General Assembly. maximum fine for violation of city ordinances at $1,000 for statutory municipalities. SELF GOVERNANCE The MML continues its strong support for self- PREVAILING WAGE governance for all municipalities and the right contained The MML supports legislation to clarify the existing therein of municipal self¬-determination. The MML urges prevailing wage law to define exemptions from the law for the General Assembly to refrain from enacting legislation in deminimus work on public projects including work involv- areas that can be better dealt with by local government. Ad- ing repair and maintenance of public facilities. ditionally, MML supports the elimination of the minimum population requirement to achieve constitutional charter REGULATION OF MUNICIPAL RIGHTS-OF- city status. WAY The MML supports the authorization of local gov- MODERNIZATION OF LOCAL GOVERNMENT ernments to impose reasonable nondiscriminatory fees STATUTES for the use of the public rights-of-way and opposes any The MML urges the repeal or revision of contradic- legislation that limits municipalities’ authorities to manage tory and/or arcane provisions of the statutes that create rights-of-way for the public interest and/or transfer the barriers to efficient administration of local government. cost of relocation of utilities from private industry to public Further, the MML supports legislation that permits the use entities. of electronic and digital archiving of public records. DEREGULATION IN THE NAME OF LABOR RELATIONS “RELIGIOUS FREEDOM” The MML supports legislation to resolve issues from While the MML supports free exercise of religion, the Independence NEA v. Independence School District the MML opposes legislation to further erode, under the Missouri Supreme Court decision. Such legislation must guise of religious freedom, local authority to protect the preserve traditional management rights, the fiscal integrity health, safety and welfare of all people, including but not of the city, the delivery of services to the taxpayer and the limited to municipal zoning, building codes, sign regula- role of the duly elected representatives of the people as the tions, child care regulations and all other applicable local final decision-makers on contract provisions. Also, the MML ordinances. Board is urged to appoint a committee to study potential new MML services in support of local officials in the collective bargaining process. PHOTOGRAPHIC ENFORCEMENT OF TRAFFIC VIOLATIONS MUNICIPAL PERSONNEL POLICIES The MML supports cities’ right to use automated The MML strongly opposes legislation that would cameras to enforce traffic ordinances and opposes any ef- interfere with municipal authority to determine personnel forts to restrict cities’ use of photographic enforcement for policies or merit system rules and regulations, for example, traffic violations. the recent legislation that creates a disparity between police chiefs and other municipal employees. CONCEALED WEAPONS IN MUNICIPAL FACILITIES STATE MANDATES The MML supports language to clarify the con- The MML urges the Governor, the General As- cealed carry law (Section 571.107 RSMo) to permit local sembly and state agencies to oppose unfunded mandates governments to adopt ordinances to prohibit the carrying and provide for reimbursement to cities for direct costs of of concealed weapons in all city facilities and parks. compliance with state laws, policies, regulations and stan- dards that impose additional costs and responsibilities on
www.mocities.com The Missouri Municipal Review November 2015 / 23 TAXPAYERS BILL OF RIGHTS (TABOR) Albert Hoag, Council Member, Belton The MML opposes efforts by any group to impose Mary Holden, Comm Dev Dir, Arnold further restrictions on state revenues and spending through Nancy Luetzow, Council Member, Kirkwood the so-called Taxpayers Bill of Rights (TABOR) or similar Stephen Meyer, Dir of Environ Serv, Springfield initiatives. Kathleen Rose, Mayor, Riverside PRIMARY SAFETY BELT Josh Stafford, Alderman, Harrisonville The MML supports legislation to change Missouri’s John Taylor, Council Member, Black Jack secondary seat belt law to a primary seat belt law by allow- Ian Thomas, Council Member, Columbia ing law enforcement officers to stop drivers for failing to Scott Wagner, Council Member, Kansas City wear their seat belts. Shelley Welsch, Mayor, University City J. Bruce Woody, City Manager, St. Joseph ORDINANCE VIOLATIONS BUREAU Mark Young, Mgr, Stormwater Utilities, Kansas City The MML supports legislation that would eliminate the requirement that municipal prosecutors review and file charges in cases where a defendant pleads guilty and pays a fine in a municipal ordinance violations bureau. OUTDOOR AIR QUALITY The MML encourages all governmental jurisdictions OPPOSITION TO PREDATORY LENDING in Missouri to initiate and support programs designed PRACTICES AND THE PROLIFERATION OF to increase public awareness and education about the PAYDAY LOAN OPERATIONS air pollution issue and how pollution can be abated. The MML supports legislation that would impose The MML supports continued federal funding for those stricter regulations, with penalties, on lenders who engage municipalities that have entered into a contract with the in unfair and deceptive lending practices. The legislation Missouri Air Conservation Commission to monitor air should give the Missouri Attorney General the increased pollution sources within their jurisdictions, including point responsibility to investigate and take legal action against and area sources. The MML encourages all governmental predatory lenders. juris¬dictions to help foster a public concern for clean air by leading by example to demonstrate energy efficiency, In addition, the MML supports legislation that the benefits of native landscaping, use of quality multi- would allow cities to impose limits on the number and loca- modal transportation planning and use of low¬-emission tions of payday loan companies or similar loan companies and low-fuel consumption vehicles in their governmental or, if desired by the community, to ban these operations activities. The MML requests that the state of Missouri entirely. provide adequate financial assistance to municipalities in conforming to the state standards for clean air. GROUND EMERGENCY MEDIAL TRANSPORT (GEMT) The state should continue to involve local officials in the implemen¬tation of any air pollution plan or policy The Missouri Municipal League strongly supports that may be imposed to conform to EPA pollution standards. a state statute that enables public EMS agencies to recoup a Municipalities should support improving air quality portion of the costs of providing uncompensated prehospital through local policies. medical care and EMS ambulance transport from the Federal Government. MML supports a new statute establishing a INDOOR AIR QUALITY Ground Emergency Medical Transport program. The statute also should require consistent accounting and cost recording The MML supports municipal efforts to improve guidelines. indoor air quality and the air quality surrounding governmental and commercial buildings located within their boundaries, including the adoption of smoking restrictions. The MML opposes the adoption of any state law which ENVIRONMENT, ENERGY AND SUSTAINABLE preempts a municipality from adopting local smoking DEVELOPMENT COMMITTEE restrictions or any ordinances that are designed to improve indoor air quality. The MML supports an election on uniform Chair, Debi Salberg, Council Member, Webster Groves statewide smoking restrictions. Gerry Biedenstein, Council Member, Kirkwood WATER QUALITY Brian Chaplin, DPW Superintendent, Hannibal The MML encourages Missouri municipalities Melodee Colbert-Kean, Council Member, Joplin to attempt to meet and/or exceed their water permit Jake Crafton, Mayor, Kennett requirements using watershed-based best management Chad Davis, Utility Director, Trenton practices, including a strong emphasis on green infrastructure Michele DeShay, Mayor, Moline Acres strategies, to mitigate pollutants and storm water runoff. Given the enormous costs of constructing wastewater Kent Edmondson, Council Member, Blue Springs treatment and collection facilities, MML recommends Linda Farmer, Council Member, Macon that the General Assembly appropriate sufficient funds Laurie Feldman, Council Member, St. Charles to provide adequate technical assistance through the Don Fuhrhop, Council Member, Brookfield Department of Natural Resources (DNR) to determine Jerry Grimmer, Council Member, Bridgeton the most cost effective means of meeting state and federal
24 / November 2015 The Missouri Municipal Review www.mocities.com standards. Further, MML urges the Clean Water Commission municipal solid waste activities and initiatives. The MML and the EPA to develop realistic standards based on 1) encourages state leadership on policies and issues of documented studies that verify potential health risks and statewide significance, including public education, product 2) site-specific pollution impacts. stewardship, sustainable funding, incentives for diversion The MML strongly urges DNR to implement the goals, and research on technologies and trends. storm water discharge permit program in a manner that The MML specifically encourages the state to will not impose delays on municipal and private projects. aggressively deal with stimulation of the demand and MML strongly urges the EPA and DNR to develop a markets for recycled materials. The MML strongly more simplified and flexible approach to management of encourages the federal and state government to take an municipal storm water runoff than has been imposed on active role in developing uses for recyclable materials as well the state’s larger municipalities. MML opposes any “end- as the marketing of the products developed from recyclable of-pipe” testing requirement in storm water permits. materials. The MML supports all levels of government, with The MML urges Congress to enact legislation substantial state and federal help, collaborating as equals preserving the 2007 US Supreme Court finding that allowed to insure that high levels of harmful pollutants are within states and local governments to require that municipal reasonable limits, based on cost-benefit analysis, accurate solid waste (but not separated recyclables) be transported testing, and other factors under scrutiny in the latest to municipal solid waste management facilities. DNR reports. The likely use of the creek or waterway for The MML urges the General Assembly to enact recreation should also be a factor. Certainly, sewage from legislation giving municipalities greater flexibility in faulty infrastructure should be addressed if harmful bacteria meeting the post-closure responsibilities for municipally result for any reasonable period of time. However, animal owned landfills. waste, certain unavoidable runoff such as that caused by The MML strongly urges the General Assembly treating streets for ice and snow, and similar pollutants to protect the yard waste ban and any exceptions written found at relatively low levels in streams unlikely to be used into it, the statewide tonnage fee and the rights of local for recreation should be addressed with state and/or federal governments to develop and implement solid waste funds if they require remediation. management strategies, facilities and services. In particular, MML urges DNR and EPA to develop flexible MML urges the General Assembly to remove and prevent standards for the treatment of combined sewer overflows barriers for responsible and sustainable waste management that will allow all municipalities to implement solutions best practices, including the elimination of the two-year that will meet their geographic environmental situation notice requirement for local governments seeking to contract and recognizes financial limitations based on the point of for solid waste services. diminishing returns. The MML opposes any state regulations that exceed the scope of the National Pollutant Discharge Elimination System (NPDES) permit program regulations. HAZARDOUS MATERIAL MANAGEMENT The MML supports an increase of the NPDES fee of The MML encourages federal and state programs no more than the consumer price index, provided that DNR that educate the public and ensure safe processing, be prohibited from collecting fees from permit holders until incineration, recycling, transportation, storage and disposal permits have been brought up-to-date by DNR. The MML of hazardous materials including newer products. urges DNR and EPA to base affordability evaluations upon households at or below a community’s household median The MML supports an active investigative effort to income. identify sources, violators and existing sites of hazardous material. Such investi¬gative efforts should include advance SOLID WASTE MANAGEMENT notification to municipal officials. MML expects the DNR and EPA to be involved The MML further recommends clarification and in the monitoring of landfills, whether closed or active, limitations of the liabilities cities may have for unknown abandoned or monitored by a responsible party; and other hazardous materials. solid waste issues. The MML encourages municipalities to participate in a regional approach when addressing solid ENERGY waste issues and urges municipalities to take an active role in The MML endorses reasonable incentives that foster the operation of solid waste management districts. Further, cost effective transition to alternative and renewable clean the MML encourages municipalities to promote efforts to energy sources produced and delivered in the state, including reduce landfill waste; to address management of recoverable but not limited to solar energy, wind power, geothermal, materials; to ensure access to core residential services nuclear energy, synthetic fuels, biomass, methane gas, and household hazardous waste collection in an effort to and the continued examination of improvement in the minimize illegal dumping and littering and encourage waste conservation of energy. The MML endorses policies that diversion from landfills; to establish public education on promote energy efficiency. waste reduction and solid waste management for residents A statewide standard should not supersede local and businesses; and to support the implementation of ordinances because communities differ too much in density, programs to reduce, eliminate or divert other household architectural features, history, and other neighborhood and business waste from landfills. factors for one standard to address every variable in The MML urges the state agencies and departments every community. The MML discourages prohibitions on involved with implementation of the state’s solid renewable energy facilities that might include solar panels, waste management law to coordinate their efforts with wind turbines, windmills, water structures, underground heating and cooling fields and facilities yet to be defined. www.mocities.com The Missouri Municipal Review November 2015 / 25 The MML encourages each locality to consider appropriate bills for property maintenance code violations in the same policies to encourage reasonable uses. MML also encourages manner as for delinquent property taxes. sustainability measures including reviewing building codes, green infrastructure, and land use. MUNICIPAL ACQUISITION OF LAND The MML strongly opposes any attempt to limit a SUSTAINABLE DEVELOPMENT municipality’s power of eminent domain. The MML further The MML supports policies, legislation and opposes any requirement to pay “damages” to nearby incentives that lend themselves to sustainable development. property owners when a municipality purchases or condemns Such smart growth policies and legislation will help land for public purposes. The MML also opposes legislation establish Missouri as a competitive area with cost effective that would encourage property owners to challenge, risk free, public systems. It also promotes the re-use of neighborhoods condemnation settlements offered in good faith. with their existing infrastructure, thereby supporting the established schools, churches, firehouses and systems EXTRATERRITORIAL PLANNING AND that promote stability. However, development outside ZONING POWERS established systems and areas should not be discouraged The MML supports the amendment of Sections when existing systems can be expanded and sustained with 89.144 and 89.145, RSMo to extend to all municipalities in the new revenue from the new development without negatively state extraterritorial planning, zoning, subdivision and code impacting existing systems. enforcement powers in the surrounding unincorporated The MML supports a triple bottom line approach to areas. Additional provisions should include mandatory municipal and state policy and planning efforts balancing: representation of residents in the areas affected on planning 1.) economic, 2.) community, and 3.) environmental factors and zoning boards during consideration of issues related in decision making . to their area and the retention of the primacy of the extraterritorial powers by municipalities regardless of COMMUNITY GROWTH INCENTIVE whether or not the respective county has adopted planning The MML recommends that existing statutes be and/or zoning procedures. revised to require that central water service adequate for fire protection, storm water management infrastructure LOCAL GOVERNMENT BOUNDARY and state approved sewer service be provided prior to ADJUSTMENT development of a subdivision and to require adequate easements for utilities. The MML urges the immediate adoption of legislation amending the annexation statutes to provide that: The MML opposes any regulatory changes by the Department of Natural Resources (DNR) that would 1) The current annexation procedures be simplified encourage the development of subdivisions with separate and expedited to the greatest extent possible; water supply, wastewater collection and storm water 2) Publicly held land be exempt from the elec¬tion management systems developed adjacent to a municipal requirements; system. Existing regulations should be actively enforced by 3) Special provisions be included for “unincorporated the DNR. islands” – land surrounded by incorporated area; 4) Normal municipal services and their funding REGIONALISM sources be clearly defined; The MML continues to support regional councils 5) Municipalities be given the authority to enter and opposes efforts to repeal or weaken the enabling into binding pre annexation agreements with landowners legislation governing regional councils and their activities. with property not contiguous to the corporate limits of a The MML further supports state funding of regional council municipality. activities. 6) A second election, as provided for in Section 71.015 RSMo, is not needed when two-thirds of the combined voters LOCAL CODE COORDINATION of the city and the area proposed to be annexed approve the The MML urges the General Assembly to enact annexation proposal in the first election, even if a majority legislation requiring the mandatory referral of development of the voters in the area to be annexed fail to approve the plans by the state or its political subdivisions to the affected annexation. municipal government for compliance with local codes and 7) Procedures should be established to encourage coordination with municipal plans. territorial agreements between the investor owned electric system that serves the municipality and the rural electric PREEMPTION OF MUNICIPAL LAND USE co-op that serves the area to be annexed. AUTHORITY 8) The right of a property owner to voluntarily agree The MML strongly opposes any further preemption to annexation shall be protected. of municipal land use regulations by the General Assembly. 9) Municipalities be granted clear authority to annex areas along a road or highway up to two miles from COLLECTION OF SPECIAL TAXES FOR their corporate limits for use in development, creation of PROPERTY MAINTENANCE industry or services that support growth, unless there exists opposition from one of the contiguous cities. The MML urges the General Assembly to pass legislation authorizing municipalities to collect special tax
26 / November 2015 The Missouri Municipal Review www.mocities.com EXTENSION OF MUNICIPAL SERVICES INTO such facilities. The city would recapture a portion of the ANNEXED AREAS costs associated with the construction of these public improvements by requiring properties benefiting from the The MML strongly opposes any legislation that improvements to pay a proportional share of the installation restricts the ability of a municipality to extend municipal of these oversized or expanded public improvements before services into newly annexed areas. Further, the MML urges connecting or using said facilities. the repeal of current laws that restrict the extension of municipal services into annexed areas. Specifically, amend Section 247.165 RSMo to remove the six month time period HEALTHIER LIFESTYLES after an annexation for the municipality and water district The MML encourages all municipal leaders and to develop an agreement to provide water service to the members of the General Assembly to increase access to annexed area. and affordability of healthy food and beverage choices. Municipalities should maximize access and incentives to In the creation or expansion of special use districts, participate in safe, multimodal transportation choices, mixed i.e. sewer, fire, etc., that encroach or overlap a municipal used development, and affordable physical activity, both jurisdiction, the municipality should have the legal grounds indoors and outdoors. to file as an “Exceptor” and be notified via certified mail of the filing of the petition. RECREATIONAL USE LEGISLATION An exceptor is a party that can file exceptions to the The MML urges the state of Missouri to enact legal petition requesting the formation of the district. Recreational Use Legislation to protect landowners from Current state law only allows municipalities to file civil liability if they let their property be used by others for exceptions when water districts are created or expanded. recreational purposes without charging a fee for profit. This authority should be granted to municipalities when all special districts are created or expanded. When creating a special district the filing party should be required to notify MISSOURI’S LAND AND WATER the municipality of the petition to create the special district. CONSERVATION FUND PROGRAM The MML opposes legislation that would require cities to The MML supports the full funding of the Land provide municipal services beyond municipal boundaries. and Water Conservation Fund, in particular, the renewed Municipalities should be given the authority to set allocation of LWCF funds to each state. urban service standards that apply to all providers within municipal corporate limits. PROPERTY MAINTENANCE ACCOUNTABILITY The Missouri Municipal League urges the Missouri MOVING UTILITIES IN PUBLIC RIGHTS-OF- General Assembly to enact legislation requiring limited WAY liability companies that own, rent or lease real property, or owns unoccupied real property to file with the municipality The MML strongly opposes any legislation that in which the real property is located an affidavit listing the would prohibit or restrict a municipality’s authority to name(s) and address of the person(s) who has management require a utility company to pay the cost of relocating control and responsibility for the real property owned, its facilities located in the public rights-of-way when the rented or leased by the limited liability company. Further, request is for a public purpose. the League urges the Missouri General Assembly to authorize municipalities to file legal action to requiring COLLECTION OF DELINQUENT UTILITY BILLS limited liability companies who fail to file an affidavit with The MML opposes the repeal of the state law the municipality to file such affidavit. authorizing municipalities to hold the property owner and tenant jointly responsible for delinquent water and sewer bills. Approximately 50 percent of Missouri’s municipalities have adopted such a policy, because it is virtually impossible to sue renters who have left the municipality. Repeal of this law would cause increases in water and sewer user fees to compensate for the rise in uncollectible accounts. Would you like to help Further, MML supports legislation providing clear shape Missouri's local authority to municipally owned utilities to hold the property government policy? owner and tenant jointly responsible for electric, gas, refuse collection, and other utility bills. Utility billing polices should be left to local officials Contact MML today to discuss who are ultimately responsible for the proper management participating on one of the of municipal utilities. four MML Policy Committees. RECAPTURE AGREEMENTS The MML urges the General Assembly to pass legislation authorizing municipalities to enter into [email protected] agreements with developers to construct certain public (573) 635-9134 improvements or excess utility capacity that would benefit other properties not yet developed or served by
www.mocities.com The Missouri Municipal Review November 2015 / 27 2015 MML INNOVATION AWARDS
More than 20 municipalities of all sizes shared projects that brought their city success this year by submitting a project for the 2015 MML Innovation Awards. The program showcases municipal projects that demonstrate new approaches for solving municipal challenges. The awards complement the League's goal of serving as a clearinghouse for municipal information. The awards recognize and celebrate successful programs, spotlighting those that could benefit other communities. A panel of judges chose winners and awards were presented at the 2015 MML Annual Conference.
LARGE CITY: BLUE SPRINGS HONORABLE MENTION: NIXA HOW TO OPEN A BUSINESS CRIME-FREE MULTI-HOUSING TRAINING
In early 2013 the city of Blue Springs Drugs and meth labs are two things you don’t partnered with the Blue Springs Chamber want in your community. In 2012, the Nixa Police of Commerce and Economic Development Department noticed it was spending a lot of time Corporation (EDC) as well as the Jackson County on the same type of calls on two specific streets. In EDC to create the How to Open and Grow Your fact, calls for service in this area averaged 2.9 per Business in Blue Springs guide. This step-by- day, which means an officer was responding to the step guide was created in-house as the result of same locations around 3 times per day. That would a two-year planning process. By providing the be taxing on any municipal police department business community with a centralized source with only 25 officers. Nixa Police noticed that most for their needs, the guide consolidated the City’s of the calls were going to rental property. After fragmented business development resources, meeting with local property owners, Nixa Police creating one voice across multiple agencies. This began the Crime-Free Multi-Housing program. guide has sparked change in City regulations as This program educated property managers on how well as the creation of a new Business Services to attract and sustain higher-quality renters. Nixa Division that acts as a liaison for the business Police saw immediate results. Calls for service in community and to streamline the business this area dropped drastically to .43 calls for service development process. Since its publication, the a day, or about a call every other day. A property Nixa - Crime-Free Multi-Housing city of Blue Springs, the Chamber and the EDC owner even recognized a meth lab the day after Training have hosted ten presentations and two expos, taking the training. With this one class, we are reaching more than 500 community members. working toward improving the quality of multi- As a direct result of expo attendance, two family residents as well as assisting landlords entrepreneurs were able to obtain Small Business in preserving and protecting private property Loans. ownership.
28 / November 2015 The Missouri Municipal Review www.mocities.com MEDIUM-SIZED CITY (TIE): FULTON ANIMAL SHELTER INITIATIVE
The New Fulton Animal Shelter Initiative was created by Mayor LeRoy Benton to privately raise funds for a new city-owned shelter. Since City funds were not available to pay for construction outright, the mayor felt a fundraiser was the best option to achieve his goal. A committee was formed, made up of citizens who are passionate about animals and who wanted to help raise the needed funds. They reached out to possible donors and after two years of fundraising, enough money was raised to start construction. Expenses were further reduced on this project thanks to volunteer labor as well as members of the local prison’s work release program. City crews, meanwhile, graded the site, dug a detention pond and more. Reaching out to citizens directly to raise funds for projects can be successful for other cities, so long as it is a project the public deeply cares about.
MEDIUM-SIZE CITY (TIE): MEXICO The Mexico Community Garden is a partnership COMMUNITY GARDEN of private charitable organizations and public agencies. It is a free program in Martin Luther King Park that allows citizens of the community to grow fresh produce for themselves or the Help Center. The Help Center manages funds for the partnership and any part-time employees the partnership hires. Funds are held in a dedicated account reserved for the sole use of the Mexico Community Garden Steering Committee. Mexico Housing Authority, Help Center, and Central Missouri community Action are leaders in getting information about the gardens opportunities in front of the community members that need its services the most. The Audrain County Master Gardeners teach, train, and mentor new gardeners to provide the skills needed for them to succeed. The City of Mexico provides free land for the project, physical support, and light construction support. The University of Missouri Rural Sociology Department and University Extension provide free seeds and technical support.
www.mocities.com The Missouri Municipal Review November 2015 / 29 SMALL-SIZED CITY: NORTH KANSAS SMALL-SIZED CITY (TIE): LA PLATA CITY (TIE) CITY PARK PUBLIC RESTROOM PROJECT
The City Park in La Plata was in need of public restrooms in order to eliminate the monthly fee for a Porta-Potty as well as spending over $2,500 each fall during our annual Soybean Festival. No public facilities had been available for several years. With the assistance of the La Plata Promotional Committee, a non-for-profit organization, the city of La Plata was able to obtain a grant from the Macon County Economic Development Board in the amount of $12,688.69. Other funds were received from a memorial fund in the amount of $10,627.99 and donations from community members and former residents in the amount of $7,220.00. Volunteer labor was used except for the laying of Through North Kansas City’s participation the blocks, which was contracted out. The total in Kansas City Power and Light’s (KCPL) Solar cost of the project was in excess of $32,000.00. The Energy Rebate Program, solar panels were installed new red and white facility in the City park has two at seven City-owned facilities in 2014. The city handicap units and two units with three facilities council unanimously supported the project for each for men and women. It is very attractive and three reasons: 1) Long-term savings on ever- has been very beneficial. increasing energy costs, 2) The opportunity to take advantage of KCPL’s Solar Power Rebate Program, and 3) Utilization of solar energy is an environmental initiative that reduces the City’s carbon footprint. North Kansas City paid up- front for the solar panel installation, to maximize energy savings. The total cost of the project was $651,780, but after KCPL rebates, North Kansas City’s share was only $299,180. The City expects to save more than $44,100 in energy costs annually and more than $1.1 million over the next 25 years. Missouri House Bill 142, enacted in 2013, requires all electrical corporations in Missouri to provide the same rebate program. There is no better time than now to install solar panels while the state- mandated rebate program continues.
BENEFITS: COVERAGE: One comprehensive package! Workers’ Compensation Proactive loss prevention training Property On-site safety training General Liability MIRMA Annual police firearms training Public Officials Liability Missouri Intergovernmental Risk Management Association Risk Management Grant Program Employment Practices Liability Aquatic audit reimbursement Law Enforcement Liability Phone: 573.817.2554 Aquatic audit reimbursement Law Enforcement Liability Police accreditation reimbursement Automobile Web: www.mirma.org Seminars & workshops Boiler & Machinery Missouri’s First Municipal Self Insurance Pool Video library Airport
30 / November 2015 The Missouri Municipal Review www.mocities.com PEOPLE'S CHOICE: BELLEFONTAINE NEIGHBORS YOUTH LIFE SKILLS New in 2015, MML offered a People's RECREATION PROGRAM Choice Award as part of the Innovation Awards Program, where member municipalities had the opportunity to vote for a top project. Members were able to review the projects and vote online for a winner. It was the also the first year for a new Innovation Showcase at the MML Annual Conference. All cities submitting a project had the opportunity to share their information as part of a conference breakout session. Attendees could learn more in-depth information about each participating project. Learn more about the MML Due to the many adult and youth misconceptions Innovation Awards and all submitted regarding the police in the North St. Louis County, projects at www.mocities.com. Missouri, area, the Bellefontaine Neighbors Police Department’s Youth Life Enrichment Skills/ Recreation Camp was introduced. This camp was created and suggested by the police department’s school resource officers who work in the Riverview Gardens School District. The primary objective of the program was to encourage, inspire, motivate, and challenge youth to excel on all levels of social and personal growth. Additional objectives of this camp were to build and develop youth self- confidence as well as teach respect for themselves and others. Furthermore, they gained a better understanding of the core function of policing as it concerned protecting and serving the community. Overall, the program encouraged youth to become achievers, role models and effective leaders in school and community.
This award has a deeper meaning for the Bellefontaine Neighbors community. On Aug. 24, 2015, Sergeant Peggy Vassallo, who was instrumental in creating the youth life skills progam, died after being hit by a car while on duty. MML Annual conference attendees held a moment of silence in honr of this fallen hero and her dedication to her community. www.mocities.com The Missouri Municipal Review November 2015 / 31 LET THE SUNSHINE IN! NEW Online Training Class Missouri Open Meetings and Records Law
Understanding the Missouri Sunshine Law is vital to serving e ectively as a local government o cial. Custom made for MML, this class answers your questions:
How should I post a meeting? When can a meeting be closed? What constitutes a meeting? How does the law apply to emails? How soon must a record request be ful lled? What are the penalties for violating the law?
Complete at your convenience! Classes are accessible for 30 days after purchase. Learn more at www.mocities.com.
32 / November 2015 The Missouri Municipal Review www.mocities.com HAVE YOU EVER NOTICED THE GUY THAT CLEANS UP YOUR TRASH? by Jeff Kempker
here is a show on CNN But more importantly I felt that with Mike Rowe this man had played a part in Tcalled “Somebody’s making my princess’ birthday Gotta Do It.” I haven’t watched a little more special. Providing a single episode but I can gather a clean, attractive, safe place from the previews it’s about for her to play and enjoy her jobs that are necessary, but not birthday meant something to glamorous. me. One such job would be I found out later that cleaning up other peoples’ man’s name is Joe and he has garbage. The only thing that been cleaning the parks in my could possibly be worse would community for almost 40 years. be cleaning out portable toilets. Joe is a public employee that I should know, as I happen performs a much-needed service to be very experienced in this for the citizens of his town. area because of a job I had as a While there are many others teenager working for a rental like him, Joe provides a shining company. It’s gross. Really, really inconsiderate litter bugs soiling my example of the value of the public sector gross. In fact, I have had several jobs little girl’s birthday! worker to our communities. that would probably qualify for Mr. Just as my annoyance was about Why has he done his job so well Rowe’s show. Maybe that’s why I to reach the point where I started for so long? We decided to talk to Joe, have such a deep appreciation for the picking up the trash myself, a middle- and in so many words his response was, people that do the work no one else aged man in a neon yellow shirt and “Somebody’s gotta do it.” wants to do. mesh-back cap appeared. He worked Watch our conversation with Have you ever noticed the guy quickly, silently and alone. I’m not sure Joe to learn more about the value he that cleans up your trash? I mean really if he noticed us, but I couldn’t take my provides to his community. And to all noticed him? I have, and his name is eyes off him as he gathered up all the the other ‘Joes’ out there, thank you! Joe. garbage that was blowing about the Watch the video at https:// On my daughter’s second birthday grass. Then, just as quickly and silently, www.youtube.com/watch?v=E9K we were enjoying a beautiful April he emptied all the garbage barrels. I 6YENVc8w&feature=youtu.be&list= morning at one of the local city parks. wanted so badly to thank him for his UU4V6yze1t_7v7SosaBEKfTQ. It was a Monday, and there was still service but, all of a sudden, he was gone, leaving a clean park and happy some trash blowing around from the Jeff Kempker is the manager of member services weekend and the garbage barrels were family behind. at Missouri Local Government Employees overflowing. The sight of the trash Why did I think this was so Retirement System. Visit www.molagers.org for bothered me. So much so that it became remarkable? Was it the efficiency and more information. difficult for me to concentrate on having pride of how he went about doing a job fun with my family thinking about the that no one else wants to do? Definitely.
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www.mocities.com The Missouri Municipal Review November 2015 / 33 frequently asked questions - Use Tax And Vehicle Sales Tax
FREQUENTLY ASKED QUESTIONS: THE USE TAX AND VEHICLE SALES TAX by League Staff
Each day your the purchase is from a Missouri Missouri Municipal retailer. Typically in such a League staff answers situation the sales tax based on dozens of questions on the vendor’s location would municipal issues. This apply to the purchase. edition focuses on se tax and more specifically on Will The Use Tax Apply To the sales of motor vehicles. Every Purchase Made From Some of the information in Out-Of-State Vendors? the column comes from the Out-of-state vendors that information available on have contracts with the state the Missouri Department of Missouri or vendors with a of Revenue’s website. As physical nexus in Missouri are with all legal matters, required to collect the use tax. municipal officials are Consumers who make purchases urged to consult their city from vendors who do not collect attorney for guidance in the use tax are required to report the specific problems faced those purchases on income tax by their municipality. when their annual purchases use taxes are distributed in the same Answers provided in this column should from non-collecting vendors exceed manner as sales taxes. serve only as a general reference. $2,000. Purchases made from vendors who do not collect the use tax of less hat s he ate f se ax What Is Use Tax? W I T R O U T ? than $2,000 are still subject to the use In the simplest terms, a use tax is The state of Missouri imposes a tax; however, there is no mechanism a sales tax imposed on the purchase of use tax at 4.225 percent, the same as the that guarantees collection. goods by Missouri residents from out- retail sales tax. Local jurisdictions that of-state vendors. The use tax is applied have the power to impose a sales tax Would Passage Of The Federal to the same type of products subject also may impose a use tax. The local use to sales tax. Products exempt from the tax rate is imposed at the same rate as Marketplace Fairness, Aka sales tax would be exempt from the the total of the jurisdictions local option Internet Tax, Make Passage Of A use tax. The state use tax rate is 4.225 sales taxes. Further, if a local sales tax Local Use Tax A Moot Point? percent, the same as the sales tax rate. sunsets or is repealed, the use tax would The Marketplace Fairness Act is a Cities and counties may impose an decrease in an amount equal to the sales federal legislation that would require additional local use tax. The amount of tax that repealed. Likewise, if the voters vendors across the nation to collect the use tax due on a transaction depends on of a city approve a new sales tax the use use tax on behalf of their consumer’s the combined (local and state) use tax tax would go up by the same amount. state of residence. Only cities that rate in effect at the Missouri location have passed the use tax would benefit where the tangible personal property What If I Buy Something From from such Federal legislation. Further, is delivered. In general terms, while A Missouri Retailer Using The state-level action may still be needed to the sales tax rate is based on the point Internet, Will The Use Tax Apply? enter into any national level compact on of sale, the use tax rate is determined tax collection. Issues such as product No. The use tax does not apply if based on the point of delivery. Local exemption and sales tax holidays
Did You Know?
Municipalities must vote on a vehicle sales tax by November 2016!
Questions? We Can Help! Contact MML at [email protected] or (573) 635-9134.
34 / November 2015 The Missouri Municipal Review www.mocities.com will likely need to be sorted out. For instance, some states exempt clothing from sales tax but consider mittens as sports gear, subject to taxation, while other states may exempt food but do BIG-CITY not consider candy bars a food item. EXPERIENCE. What About Vehicle Purchases? Are They Treated Differently Than Other Purchases? SMALL-TOWN Yes, the purchase of vehicles, trailers, boats, and outboard motors VALUES. are treated differently than other retail purchases. Currently, the local sales Answers and information tax is not paid at the time of purchase you can trust. for these products. For instance, when Missouri residents purchase a car at an auto dealership, no sales tax is paid on the purchase. Instead, when JEREMY COVER those products are registered with the 816-525-7881 Missouri Department of Revenue, the [email protected] local sales tax will be imposed based www.laubermunicipallaw.com on the address of the registrant (which may be a different jurisdiction from the The choice of a lawyer is an important decision and should not be based solely on advertisements. location of the auto dealer who sold the car). Further, the law does not provide a League staff, together with the What Was The Street Decision? means to bring this issue back to the auto dealers association and municipal On Jan. 31, 2012, the Missouri voters after November 2016. The MML officials across the state worked Supreme Court ruled in Street vs. is supporting a legislative measure in tirelessly to see SB 182 passed. This Director of Revenue, 361 S.W.3d 355, that the 2016 legislative session that will legislation has prevented the loss of only cities with a use tax could collect allow the tax issue to be brought back approximately $40 million in much- local sales tax on purchases from out of to the voters after 2016. needed revenue to Missouri cities. state (as well as person-to-person sales). Purchases from Missouri auto dealers Do We Need To Pass A Use Where Can We Get Ballot were still subject to the tax. The Missouri Tax To Ensure That The City Language Or Sample Ordinances Department of Revenue estimated that Continues To Receive Sales For The Administrative Fee Or approximately 20 percent of vehicle ax n ut f tate ehicle Use Tax? (and trailers, boats and outboard T O O -O -S V motors) sales occur from out-of-state Purchases? The Missouri Municipal League vendors or person-to-person sales and No. Cities that had a use tax in has prepared model ordinances for both this would result of a loss in revenue place prior to the enactment of SB 182 the use tax and the administrative fee to local jurisdictions of approximately (August 2013) will continue to receive on vehicles sales. These ordinances are $20.5 million. revenue from out-of-state vehicle available on the League’s website at purchases. However, passage of a www.mocities.com; click on the “One- Stop Shop” tab and scroll to “taxes,” or What Was The Response To The new use tax may not prevent the loss of revenue after November of 2016. you may contact League headquarters treet ecision S D ? Language in SB 182 found in Section at (573) 635-9134 and request a copy. In response to this momentous 32.087 refers to municipalities “in which court decision, the Missouri Municipal voters have previously approved a Follow MML! League (MML) sought relief from local use tax.” This language calls into the Missouri Legislature. In 2013, question whether a new use tax passed the Legislature passed SB 182. This after Aug. 28, 2013, will capture the legislation re-imposed the local sales tax administrative fee on vehicle sales. on vehicle sales (and person-to-person Therefore, the prudent course for sales) in the form of an administrative cities that did not have the use tax in fee. The legislation requires that cities place prior to August of 2013 is to seek that did not have a use tax in place prior voter approval for the continuance of @mocities to August of 2013 must receive voter the sales tax on out-of-state vehicle approval to continue this administrative purchases, NOT a use tax. www.facebook.com/mocities fee by November of 2016. Cities that www.mocities.com don’t gain voter approval to continue What Has The Missouri Municipal the tax by November of 2016 will lose League Done To Address The (573) 635-9134 the revenue stream after that date. Street Decision Loophole? www.mocities.com The Missouri Municipal Review November 2015 / 35 MML 81st Annual Conference
MML's 81st Annual Conference took place Sept. 20-23 in Kansas City, with nearly 650 attendees and nearly 200 cities represented. Topics covered included debt management, council procedures, cyber activism, effective communications, collective bargaining and much more. More than 135 exhibitors shared their latest products and services with attendees. Attendees also enjoyed a reception at the National World War I Museum, with an opportunity to tour the exhibits. Many thanks to attendees, speakers, sponsors and the city of Kansas City for a great conference! Plan to join us next year, Sept. 11-14, 2016, in St. Louis!
Kristy Dalton, aka GovGirl, shared social media engagment strategies as this year's keynote speaker.
36 / November 2015 The Missouri Municipal Review www.mocities.com Harry S Truman visited with attendees at the Grand Opening Reception Sept. 20, 2015. www.mocities.com The Missouri Municipal Review November 2015 / 37 Photos by Karese Love and MML Staff Blue Springs Mayor Carson Ross (right) accepts the 2015 MML Distinguished Service Award from MML Immediate Past President and Higginsville Mayor Bill Kolas. The award honors a current or former Missouri municipal official who has made outstanding contributions to the Missouri Municipal League.
Riverside Mayor Kathy Rose and Lee's Summit Mayor Randy Rhoads were elected MML's new vice president and president at MML's Annual Business Meeting, held each year during the Annual Conference.
Photo by Karese Love 38 / November 2015 The Missouri Municipal Review www.mocities.com AA marketplace marketplace for for products products and and services services ...... professionalprofessional directory
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www.mocities.com The Missouri Municipal Review November 2015 / 39 MML Welcomes New Members To The Board of Directors
Eric Berlin, City Administrator Chris Lievsay, Councilmember Nici Wilson, City Clerk North Kansas City Blue Springs Pleasant Hill
Eric Berlin is from Hampton, Chris Lievsay was elected to serve Nici Wilson has served as the city Virginia. He received his B.A. in for Blue Springs in 2010. He has clerk for Pleasant Hill since March Government at the University of lived in Blue Springs most of his life 2009. Prior to her appointment of Virginia in 1982, and his M.A. in and works as part of the business city clerk, she served as the deputy Public Administration at UVA in faculty at Western Governors city clerk and city collector. In 1987. He began his career in city University as a student mentor 2005, she received her Certified government as an intern in the city for graduate business students. Municipal Clerk and Missouri manager’s office in Charlottesville, Lievsay is also adjunct faculty for Registered City Clerk certifications Virginia while working towards Park University and Columbia and is currently working to finish his graduate degree. Berlin took a College. Lievsay serves on the the certification process. She has one-year management internship board of directors for the School of served on numerous committees in West Palm Beach, Florida, then Economics, past chairman of the in the Missouri City Clerks and served as an assistant in the city Public Safety Citizens Advisory Finance Officers Association and manager’s office in Greenbelt, Board, past president of the Blue has been the Chairman of the Maryland, until 1995. Berlin moved Springs Citizens Police Academy Education committee for four to the Kansas City area in 1996 Alumni Association, and second years. In March 2015, she was and became city administrator of vice-president of the Blue Springs selected as the Outstanding City Spring Hill, Kansas. He became city Historical Society. He also is a Clerk for the Missouri City Clerks manager of Platteville, Wisconsin, graduate of the Blue Springs and Finance Officers Association. in 2000, serving three years before Chamber of Commerce Leadership Wilson is married to her high moving back to the Kansas City Class, the CJCFPD Citizens Fire school sweetheart, Todd, and they area as city manager of Raymore, Academy, the BSPD Citizens Police have two young children, Tyne Missouri. In 2014, Berlin became city Academy, and participates in (9) and Truman (5). They live in administrator of North Kansas City, the Blue Springs Volunteers in Pleasant Hill and stay busy with Missouri. Berlin enjoys spending Police Service program. Outside their kids’ sports, activities and time with his wife, Shorey, his son, of Blue Springs, Lievsay is chair their family farm. The Wilsons are Jesse, his three grown step-children of the Kansas/Missouri Bi- very involved in their community, and his granddaughter, Sophia. State Commission, a local board serving on the Cass County Fair member for the U.S. Selective board, Cass County Junior Livestock Service System, and on the board Association and the Pleasant Hill of directors for Columbia College Rooster Booster Club. Alumni Association.
@mocities www.facebook.com/mocities www.mocities.com (573) 635-9134
40 / November 2015 The Missouri Municipal Review www.mocities.com Member News
Springfield Designated Bronze Walk Friendly Community
The Pedestrian and Bicycle Information Center has designated Springfield a bronze Walk Friendly Community for its walkability initiatives and programs. Sponsored by the U.S. Department of Transportation Federal Highway Administration and FedEx, Walk Friendly Communities is a national recognition program aimed at recognizing communities for their commitment to pedestrian safety. Southeast Communications
Local government communications colleagues in southeast Missouri had their Kansas City, Missouri, One Of first SEMO Information Officers Association event recently. The guest speaker, "America's Cities For Global Trade" State of Missouri Public Safety Department Communications Director Mike O’Connell, shared his first-hand experiences from Ferguson, where he spent Global Trade Magazine named Kansas days coordinating requests and responses from local, national and international City, Missouri, one of "America's media. Public information officers, emergency management directors, public Best Cities for Global Trade." The safety and general administration personnel from across Region E came to city joins nine other major cities in hear successes and lessons learned during events that became the focus of the being designated a best city for global nation and the world. trade.
MML Regional Workshop: How To Stay Out Of Trouble
On Oct. 29, 2015, the city of Ash Grove hosted a workshop cosponsored by the Missouri Municipal League and the Mel Gilbert law firm. More than 120 municipal officials and local leaders attend the event which was billed as a “How To Avoid Trouble” workshop. Speakers included Pam Allison, Audit Manager, Missouri Auditor's Office; Brianna Lennon, Senior Deputy Counsel and Deputy Director of Elections, Missouri Secretary of State's Office; Betsy Byers, Director of Business Services, Missouri Ethics Commission and John Throckmorton, Senior Training and Account Manager, Employee Screening Services. Topics of discussion included petition audits, traffic fine reporting under the new Macks Creek law, election law changes, campaign finance, conflicts of interest and employee drug testing.
www.mocities.com The Missouri Municipal Review November 2015 / 41 MML Calendar of Events Why Should You Visit MML's Website? 2015
November 3 Election Day • Current Job 4-7 National League of Cities Congress of Cities, Nashville, Opportunities Tennessee 11 MML Office Closed -- Veterans Day Observed • Member City 20 Center For Ethics In Public Life Conference, St. Louis, Missouri Websites December • Daily Local News 15 First Day for Candidate Filing
• MML Conferences 2016
• Latest Legislative January Action 6 Missouri Legislative Session Convenes
• Publications February 9-10 MML Legislative Conference, Jefferson City, Missouri • Sample Ordinances March 5-9 National League of Cities Congressional City Conference, www.mocities.com Washington, D.C. For more events, visit the events calendar at www.mocities.com.
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42 / November 2015 The Missouri Municipal Review www.mocities.com 2015 ARTICLE INDEX Seven Significant Supreme Court Cases 2015 AUTHOR INDEX For Local Governments - 15, Sept City Profile Election Law Changes - 9, Sept Blanner, Joseph C. - 9, May City Of Belton: New Strategy For Bonnot, Patrick - 18, May Economic Development - 4, Jan Missouri Municipal League Bushek, David - 7, Jan Cape Girardeau: New Growth And President’s Report – 4, Mar; 4, Jul; 4, Nov Crites, Edward V. - 9, May Development - 27, Jul Director’s Report: Advocating For You - 5, Dagnan, Greg - 17, Mar O’Fallon: Preserving History During Mar Draabelle, Thomas - 13, Mar Growth - 13, Mar Missouri Municipal Policy Guide, 2015- Dunbar, Courtney - 12, Jan Blue Springs - 6, Nov 2016 - 17, Nov Gate, Gary - 17, May FAQs: Use Tax And Vehicle Sales Tax - 34, Gilbert, Bob - 7, May Communication Nov Hardman, Luge - 8, Nov Digital Tools For Engaging Public Input - 2015 MML Innovation Award Winners - Heinz, Kenneth J. - 21, Jan; 22, Mar; 19, Jul; 16, Mar 28, Nov 26, Sept Tweets, Snaps And Posts: 10 Questions FAQs: American With Disabilities Act, Huckstep, Ramona - 5, Sept Addressing The Pros And Cons Of Social Part 1 - 17, Sept Jean, Bob - 21, Sept Media Usage For Public Officials - 7, Mar Jones, Asia - 6, Nov Communication, Communication, Municipal Administration Kempker, Jeff - 33, Nov Communication - 21, Sept Effects Of Cyber Activism On Municipal Lumley, Carl - 19, Jul Operations - 6, Jul Maciag, Mike - 19, Jan Economic Development Is Political Ethics An Oxymoron? - 8, Jul Manning, Daniel T. - 12, Nov How Local Governments Are (Or Aren’t) Carthage Team Policing - 17, Mar Munns, Anthony - 10, Mar Examining Economic Development Dollars Missouri Cities Factsheet - 19, Mar Nakahodo, Kim - 6, Nov - 19, Jan Neal, Sandy - 12, May Missouri’s Automotive Industry Revs Up News From The Bench Nicholson, Stu - 16, Mar For A Comeback - 17, Jan Difficult Legal Issues In Redevelopment - O’Keefe, Kevin - 19, Jul; 9 Sept The Harrisonville Highways 71/291 21, Jan Powell Jr., PhD, William R. - 6, Jul Transportation Development District: Not A Public Hearing - Part II - 22, Mar Rada, Doug - 16, May Cooperating To Fund Transportation Collective Bargaining - 22, Mar Roth, Steve - 16, Nov Improvements - 7, Jan Red Light Traffic Cameras - 26, Sept Schraeder, Ivan - 25, Jul Site Preparedness: Creating Relevance - 12, Scott, Cora - 7, Mar Jan Public Safety Sexton, Jessica - 27, Jul Cities And State Fiscal Structure 2015 - 22, Playground Safety: More Than Child’s Sheets, Richard - 22, Jul May Play - 17, May Siewert, Walter M. - 8, Jul Enforcement Trends In The Municipal Playground Planning, Construction, And Soronen, Lisa - 15, Sept Marketplace: “Writing On The Wall” - 12, Acceptance Recommendations - 18, May Wernig, Darin - 4, May Nov Wichmer, Dan - 7, Mar A Story Of FEMA: Success, Frustration Public Works Yatsook, Carolyn - 4, Jan And Lessons Learned - 8, Nov Under One Roof: City Of Fulton Maximizes Efficiency With New Public Environmental Issues Facilities Complex - 4, May Brownfield Assessments Assist With Lidar Surveying - 7, May Redevelopment - 14, Jan Payment Bonds: What Public Officials And Canton’s River Revitalization Project - 14, Public Works Contractors Need To Know Jan - 9, May Missouri Hazardous Substance Site Consideration In Hiring A Water/ Locator Map - 14, Jan Wastewater Contract Operator Firm - 12, Waters Of The U.S.: What In The World Is May WOTUS? - 5, Sept Municipalities Turn To Micro-Surfacing For Preventative Maintenance Of Roads - Guest Column 16, May Mayor Bob Stephens, City Of Springfield Public Works Around The State - 20, May - 5, Jul Have You Ever Noticed The Guy That Technology Cleans Up Your Trash? - 33, Nov Cybersecurity: Keeping Out Of The In Praise Of Our Communities - 16, Nov Headlines - 10, Mar Taking The Lead: An Interview With Melodee Colbert-Kean, Incoming National League Of Cities President - 12, Sept
Legislation Has Senate Bill 5 Put Your Community Up Mac’s Creek Without A Paddle? - 19, Jul League Prevails In Amicus Support Of City Of Grandview - 25, Jul MML 2015 Legislative Update - 22, Jul www.mocities.com The Missouri Municipal Review November 2015 / 43