No. 275

October 2008

MML PREVAILS ON PROPOSED CONSTITUTIONAL AMENDMENTS … Last month, MML intervened in support of the Secretary of State in a lawsuit challenging her decision not to certify two proposed constitutional amendments for the November ballot. The amendments purportedly dealt with eminent domain, but, in reality would destroy local zoning, subdivision ordinances, nuisance regulations, billboard and sign ordinances, housing maintenance codes, building codes, and any other “indirect takings.” After the Cole County Circuit Court upheld the MML position, the amendment supporters decided not to appeal. The supporters will be back in two years and seem to have unlimited financial resources from out-of-state individuals and groups. We will maintain our coalition with the Chamber of Commerce, developers and real estate groups, utilities, railroads, and environmental groups in order to fight off these proposals in the future.

NEW MML OFFICERS AND BOARD ELECTED … During the Business Meeting at the Annual Conference in Springfield, the delegates elected Mayor Pro Tem Bill Skaggs of Kansas City as President of the MML and Mayor Gerry Welch of Webster Groves as Vice President. The following officials were elected to two-year terms on the Board of Directors: Alderman Donna Baringer of St. Louis; City Administrator John Butz of Rolla; Alderman Allison Light of Harrisonville; Alderman Scott McCaulley of Hollister; Mayor Norman McCourt of Black Jack; Mayor Don Reimal of Independence; Mayor Carson Ross of Blue Springs; Mayor Gary Shaw of Joplin; and City Treasurer Bette Wordelman of Columbia. Councilmember Paul Ward of Kirkwood was elected to a one-year term on the Board of Directors.

KAREN MESSERLI WINS MML DISTINGUISHED SERVICE AWARD … Lee’s Summit Mayor Karen Messerli was selected to receive the 2008 MML Distinguished Service Award. The award is presented to a current or former municipal official who has made outstanding contributions to the MML. The selection committee considers length of service, enthusiasm, dedication, participation in MML activities and outstanding leadership in the association. Previous winners were Mollie Rickey, Howard Tooke, Joanne Collins, Dee Hudson, John O’Renick, Norma Caldwell, Willis Conner, Pat Killoren, Carolyn Gerdes, James Eagan, Kennard Whitfield, Marge Schramm, Gerald Gilkey, Joe Adams, Kevin O’Keefe, Marie Wessley, Howard Wright, Ray Beck, and Glenn Van Leer.

ANNUAL CONFERENCE HANDOUTS ONLINE … Handouts from the MML Annual Conference are available for download from the League’s Web site at www.mocities.com. Interested persons should click on the “Conference Handouts” link on the front page.

2009 ANNUAL CONFERENCE DATES … For long-range planners, the 2009 MML Annual Conference will be held October 4-7, 2009 at Tan-Tar-A.

TOM BURCHAM CONTINUES TO SUE CITIES … Tom Burcham, a Farmington attorney, filed suit last month against at least six more Missouri municipalities (Branson West, Mt. Vernon, Granby, Purdy, Sikeston, and Ste. Genevieve). He claims that the cities did not follow proper procedure in passing the sales tax ordinances (did not record the ayes and nays or lost the records) or have excessive rates (such as two, one-half cent capital improvement sales taxes). He requests the court to nullify the sales taxes and to receive attorneys fees. If he is successful in these suits, he will probably bankrupt these cities and about 80 others that are similarly situated. Please let us know if Mr. Burcham files suit against your municipality. We will keep you informed of developments. The MML will seek remedial legislation in the General Assembly next year.

IDENTITY THEFT MODEL ORDINANCE … The Missouri Public Utility Alliance has prepared a model identify theft prevention policy to comply with the F.T.C. Red Flag Rule. We will place the policy on our Web site after October 15.

NLC CONFERENCE IN ORLANDO … The National League of Cities Congress of Cities will be held in Orlando on November 12-16, 2008. The delegates from Missouri and Kansas will co-host a reception on Thursday, November 13, from 5:30 - 7:00 p.m. at the Orlando Marriott World Center.

EMERGENCY RESPONSE PLANS MUST INCLUDE PETS … The Pets Evacuation and Transportation Standards (PETS) Act of 2006 requires the inclusion of companion animals in disaster planning at the state and local levels, in order to qualify for grants from FEMA. State and local governments that receive evacuees from areas declared a major disaster or an emergency may seek reimbursement for eligible pet rescue, sheltering, and evacuation-support costs. For more information contact SEMA or FEMA.

INNOVATION AWARD WINNERS … Winners of the 2008 Innovation Awards program were announced at the MML Annual Conference in Springfield. The city of Independence won in the large city category. Trenton won in the medium city category, and Rock Port won in the small city category. The cities of Brentwood, Clayton, Maplewood, and Richmond Heights received a first runner up status for their joint project, while Grandview received an honorable mention. A catalog of Innovation Award projects is available on the League Web site at www.mocities.com.

MML’S LEGISLATIVE PROGRAM … In an attempt to increase lobbying efforts and to strengthen and unify the voice of Missouri cities on state legislation impacting municipal government, MML has implemented a Legislative Grassroots Advocacy program. This program will utilize e-mail and the Web in order to effectively organize municipal legislative efforts statewide and strengthen state and municipal government partnerships. The success of the legislative advocacy program will rely on your participation. In order to participate, MML must have a preferred personal e-mail address. Please contact League headquarters or e-mail: info@mocities.com to update your preferred personal e-mail address.

RECORD MML MEMBERSHIP … This year, the following municipalities have joined the MML: Kirbyville, Flemington, Mill Spring, Cairo, Mindenmines, Westboro, Augusta, Canalou, Strasburg, Oaks, Bertrand, Friedenswald, and Blue Eye. We welcome our new city officials and encourage them to use MML services often. MML membership now stands at a record 657 municipalities.

TAXATION AND REVENUE SURVEY … The League is conducting a survey on taxation and revenue in order to update the League’s technical bulletin Taxation and Revenue in Missouri Municipalities. The survey is being conducted online. Member cities have already been sent an e-mail with a link to the survey. The e-mails went to either the city administrator or city clerk. Please be sure your city completes the survey,