No. 287

January 2010

MML LEGISLATIVE CONFERENCE … The MML Annual Legislative Conference will be held February 17-18 at the Jefferson City Capitol Plaza Hotel. Registration material is included with this Newsletter. We urge all city officials to attend this important, informative Conference.

LEGISLATIVE CONTACTS … When the General Assembly convenes on January 6, several issues impacting municipalities will have been pre-filed including bills on billboards, sunshine law penalties, red light cameras, eminent domain, taxation, and many other issues.

     Municipal officials will need to contact legislators at the appropriate time to influence their votes on municipal issues. Building relationships with legislators takes time and careful effort, but it is the most effective way to shape the rethinking of those who decide public policy. The best way to build these relationships is by being a useful and trustworthy source of sound information and insight. Your message should be to support helpful legislation and to oppose legislation that makes it more difficult to govern cities. City budgets are in a crunch, and the state should not reduce local revenues or mandate costs on local government.

COURT OF APPEALS HEARS ARGUMENTS IN LAWSUIT ON FIGHTING EMINENT DOMAIN AND BLIGHT … On December 15, the Missouri Court of Appeals Western District heard oral arguments in the MML lawsuit to revise the ballot language and fiscal note on two proposed constitutional amendments on eminent domain and blight. The Secretary of State’s ballot language stated “requiring any taking of private property be necessary for a public use and that landowners receive just compensation.” The Constitution currently provides this protection. The real impact of the amendment is to restrict the ability of communities to fight blight by redevelopment or nuisance enforcement. The circuit court agreed with us and struck the language, but the State appealed the decision. We expect a decision very soon and then the real work of fighting these initiatives will begin.

COURT RULING IMPACTS CITY SALES TAXES … In August, the Missouri Supreme Court in Music City Centre v. Director of Revenue, held that when a theater, hotel or sports venue sells tickets to a reseller or packager of travel, the theater, hotel, or sports venue does not have to collect sales tax. The reseller is supposed to collect and remit the sales tax. The decision will primarily affect Branson and sports venues such as St. Louis and Kansas City. The MML is working with a coalition of groups to revise the state law that led to this unexpected decision.

MML CHALLENGES COURT “REFORM” INITIATIVE … The MML Board of Directors have approved MML participation in a lawsuit challenging the ballot language and fiscal note on an initiative for court reform that would require the election of all judges, including municipal judges on a partisan ballot. Currently, each city has an option of appointing or electing the municipal judge. We will keep you informed of developments.

SEWER RATES AND POLICIES IN MISSOURI MUNICIPALITIES … Staff has completed revisions to the League’s technical bulletin Sewer Rates and Policies in Missouri Municipalities. The revisions are based on the recent survey sent to municipal officials. The Bulletin features new items such as inflow and infiltration programs, use of credit cards for payments as well as standard items such as sewer usage fees, deposits, and maintenance responsibilities. The Bulletin is reviewable on the League’s Web site. Members may also request a hard copy (1 per city) from League headquarters.

“SCAM” INVOICES SENT … The National League of Cities informs us that municipalities in other states have received invoices from the “International League of Cities” requesting membership dues. These invoices are a scam and should be ignored. Please contact League headquarters if your municipality receives an invoice.

HEALTHY COMMUNITY GRANTS … On January 5, 2010, Missouri Foundation for Health (MFH) will open its Healthy & Active Communities grant program for 2010. Municipalities may apply for three-year grants of up to $300,000 to support environmental and policy change interventions that improve Missourians’ health by preventing obesity. Examples of previously funded projects include: walking trails in rural communities; farmer’s market start-ups in underserved neighborhoods; advocacy for complete streets ordinances to promote safe access for all users; and development of joint-use agreements for citizens to access school gym facilities. Pre-application conference calls will be held January 11, 2010, from 10:00 a.m. to 11:00 a.m.; and January 14, 2010 from 10:00 a.m. to 11:00 a.m. To join one of the conference calls, RSVP to Temekka Cannon at 314-345-5577 or tcannon@mffh.org. More information about MFH is available at www.mffh.org.

SHOT CLOCK NOW IN PLACE WITH RESPECT TO PROCESSING TELECOMMUNICATIONS TOWER APPLICATIONS. On November 18, 2009, the FCC issued a Declaratory Ruling imposing new restrictions on local government with respect to interpreting the federal Telecommunications Act (TCA), by requiring local government to act on requests to place wireless facilities “within a reasonable time,” which is defined by the FCC in its Declaratory Ruling. City Attorney Dan Vogel writes that telecommunications providers will use this Ruling as a basis for legal action against local government until the courts clarify the authority of the FCC to issue the Ruling. He urges local government officials to incorporate the new time limits into existing codes while being careful not to accept the FCC Ruling as valid; notify and educate officials; and implement procedures regarding what constitutes a “complete application.” You may access a copy of his full report at www.municipalfirm.com.

IRS MILEAGE RATES … Effective January 1, 2010, the IRS standard mileage rate will decrease to 50 cents per mile.

WENTZVILLE REGULATES HUMAN SIGNS … The Wentzville Board of Aldermen amended the sign ordinance to include living signs (humans holding signs). We often see these human signs (some in costume) on busy streets urging people to shop in a particular store. The ordinance is on our Web site and is available at League headquarters.

GFOA WINTER WORKSHOP … The Missouri Government Finance Officers Association will be conducting a Winter Workshop on February 5, 2010, in Columbia. The double-header workshop will focus on employment law in the morning and how to use data mining to fight fraud and find revenues in the afternoon. More information can be found on the MML Web site at www.mocities.com.

SHEETS TO BE INTERIM EXECUTIVE DIRECTOR … The MML Board appointed Richard Sheets to serve as interim executive director when Gary Markenson retires on January 15. Richard joined the MML staff in 1980 and currently serves as deputy director.

FINAL FARWELL AND APPRECIATION … As your municipal Newsletter author prepares to retire, I want to thank everyone for the letters, resolutions, the pin map, the cards, the “roast,” the city shirts, the gifts, the abuse from the city clerks, and, most of all, the kind words from so many of you. You have no idea how much I will miss you. ~ Gary Markenson