No. 274

September 2008

FINAL ANNUAL CONFERENCE NOTES … Based on pre-registrations, we expect a large turnout for the MML Annual Conference in Springfield. We have planned over 24 sessions on important municipal issues. Both candidates for Governor, Jay Nixon and Kenny Hulshof, will make presentations at the annual business meeting. Also, the annual banquet will feature comedian Yakov Smirnoff. Shuttle busses will run every 30 minutes from the hotels (except the University Plaza and the Holiday Inn Express) to the Convention Center.

MML CHALLENGES PROPOSED CONSTITUTIONAL AMENDMENTS … The MML has 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 deal 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.” The supporters are well financed (mostly by out-of-state groups and individuals) and will wage a well funded campaign if the courts overturn the Secretary of State’s decision. You may find additional information on the MML Web site.

MML FILES AMICUS BRIEF IN LEE’S SUMMIT ANNEXATION LAWSUIT … In South Metro Fire Protection District v. Lee’s Summit, the Jackson County Circuit Court held that Section 72.418.2 RSMo applies to all city annexations into fire districts statewide, not just in St. Louis County. The statute (which is part of the St. Louis County Boundary Commission Law) states that when a city with a fire department annexes into a fire district:

     1) the fire district continues to serve the area, including emergency medical services,

     2) the city annually, will pay the fire district an amount equal to the taxes that the fire district would have collected in the area, and

     3) the property in the area will pay only for indebtedness incurred before the annexation.

This statute was intended to apply only to St. Louis County, and, if the Circuit Court ruling stands, will virtually prohibit annexations throughout Missouri. The MML has filed an amicus brief in support of Lee’s Summit.

BILLBOARD DEVELOPMENTS … In May, the Missouri Court of Appeals Western District upheld Platte City’s ordinance prohibiting new billboards. This is the first decision upholding a complete ban on new billboards. Congratulations to Platte City for standing up to the billboard industry. Also, in April, the Columbia City Council adopted an ordinance to prohibit digital, tri-vision, and other changeable billboards. The City Council stated that these signs present a distraction and pose a safety hazard to motorists.

ORDINANCE ON SCRAP METAL THEFTS … The Kansas City City Council has adopted an ordinance to curtail the theft of copper pipe and other scrap metal by regulating the dealers who buy these goods, such as secondary metal recyclers. You may obtain a copy of the ordinance from the MML Web site at www.mocities.com.

CITY FINED FOR OPEN MEETINGS VIOLATIONS … The city of Pine Lawn was fined $1,000, plus $7,500 in attorneys fees for violations of the Sunshine Law in 2005. In recent years, these lawsuits have become more common. City officials are urged to ensure that the city clerk and city staff are trained in the open meetings and records law. You may obtain a copy of the Attorney General’s publication, Missouri Sunshine Law, by contacting League headquarters.

NATIONAL BUILDING CODES – READ THE SMALL PRINT … Many International Building Codes that municipalities adopt by reference, provide that code enforcement officers can be dismissed only “for cause” after a hearing. If this provision conflicts with your personnel procedures, you should delete that section from the International Building Code.

CONTRIBUTIONS TO THE MML ADVOCACY FUND … As a part of the settlement of the cell phone tax litigation, Missouri municipalities contributed $960,000 to the MML advocacy fund. The MML will use these funds to hire lobbyist assistance and consultants in the future. Tom Burcham, a Farmington attorney, has informed us that he will file a lawsuit challenging these contributions. We currently do not plan to expend these funds until the issue is resolved.

PARKING TICKETS ASSESSED AS PERSONAL PROPERTY TAX … The League has a model ordinance available on the MML Web site (www.mocities.com) allowing cities to include unpaid parking tickets as charges on personal property taxes. Look for the ordinance under “What’s New” or under “Ordinances.” The ordinance was prepared by attorney Patrick Cronan in accordance with RSMo 137.298. This statute was originally passed in 1999. There may be some constitutional grounds for challenging such ordinances, and cities should consult their attorney prior to passage.

INNOVATIONS AWARD … Harvard University is accepting applications for the Innovations in American Government Award – the premier public-sector award in the nation. It is given annually to programs that serve as examples of creative and effective government at its best. All levels of government – federal, state, and local – from all policy areas are eligible to apply. The top winners of the 2009 Innovations Award will receive a $100,000 grant to support replication and dissemination activities. All winners and finalists receive monetary grants. Applications and additional information are available on the MML Web site or at www.innovationsaward.Harvard

.edu. Applications are due September 30, 2008.

FORUM ON FORECLOSURE STRATEGIES … The Federal Reserve Bank in Kansas City will sponsor a forum on “Foreclosure Strategies for Local Government” on September 15. For agenda and registration materials go to www.kansascityfed.org/events/08foreclosure/ or call 816-881-2756.

MoCCFOA TO OFFER SCHOLARSHIPS … The Missouri City Clerks and Finance Officers Association will award up to 26 scholarships for 2008-2009, 10 for the Annual Spring Institute, 10 for the New Clerks Conference, and two each for the three Regional Conferences. The applicant must be a member in good standing of the MoCCFOA and must be a city clerk, city treasurer, city collector, finance officer, or hold a similar position. The scholarships encompass the registration fee, one-half of the double room occupancy, and $40 for mileage and other expenses. Applications are available on the MoCCFOA Web site at www.moccfoa.org. Applications should be mailed to Kathy Colvin, 114 S. Rollins St., Centralia, MO 65240.