November 2014 MML Review Magazine

Page 1

The Missouri Municipal

Review

The Official Publication of The Missouri Municipal League

November 2014

In This Issue: • Building Better Cities, Part II • Benefits Of A Third Party Custodian • MML Policy Guide 2014-2015


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. MOSIP stresses maintaining safety, liquidity and yield as the primary investment objectives.

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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 Program’s website at William T. Sullivan, Jr. Maria Altomare Adam Gabriel Barry Ballou www.mosip.org. While the MOSIP Liquid Series seeks to maintain a Managing Director Managing Director Sr. Managing Consultant Sr. Marketing Representative stable net asset value of $1.00 per share and the MOSIP Term 631-806-9470 cell 1-800-891-7910 x3091 1-800-891-7910 x3093 402-705-0350 sullivanw@pfm.com altomarem@pfm.com gabriela@pfm.com balloub@pfm.com portfolio 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 77 West Port Plaza Drive • Suite 220 • St. Louis, MO 63146 agency. Shares of the Program’s portfolios are distributed by PFM 1-800-891-7910 Fund Distributors, Inc., member Financial Industry Regulatory P.O. Box 11760 • Harrisburg, PA 17108-1760 Authority (FINRA) (www.finra.org and Securities Investor Protection 1-877-MY-MOSIP Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a 2 / November 2014 The Missouri Municipal Review www.mocities.com wholly owned subsidiary of PFM Asset Management LLC.

Registered Representatives


The Missouri Municipal

Review

November 2014

VOLUME 79, NO.6

The Official Publication of The Missouri Municipal League

CONTENTS

President

Mayor Bill Kolas,Higginsville

Vice President

Mayor Raeanne Presley Branson Immediate Past President Council Member Jan Marcason Kansas City

e MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS Ruth Baker, City Clerk, Manchester; David Bower, Mayor, Raytown; Stephen Galliher, Mayor, Sedalia; Tim Grenke, Mayor, Centralia; Joan Jadali, Assistant City Manager/Director of Finance and Administration, Webster Groves; Bill Johnson, Director of Administration, Fulton; David Kater, Mayor, Desloge; Patrick Kelly, Mayor, Brentwood; Donald Krank, Council Member, Black Jack; *Jan Marcason, Council Member, Kansas City; Paul Martin, Attorney, Olivette; *Norman McCourt, Mayor, Black Jack; *Ron Monnig, Council Member, Slater; Raeanne Presley, Mayor, Branson; John “Rocky” Reitmeyer, Alderman, St. Peters; Randall Rhoads, Mayor, Lee's Summit; Matthew G. Robinson, Mayor, Hazelwood; Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Tom Short, City Administrator, Carthage; Robert Stephens, Mayor, Springfield; *Gerry Welch, Mayor, Webster Groves; *Kevin

Wood, Mayor, Harrisonville. *Past President

e

AFFILIATE GROUPS: Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs. www.mocities.com

4

President's Report

5

Director's Report

6

Building Better Cities, Part II by Joe Lauber

9

Transparency and Teamwork: The Benefits Of Using A Third-Party Custodian by PFM Asset Management LLC

11

Missouri Municipal Policy 2014-2015

23 MML Legislative Update by Richard Sheets

DEPARTMENTS 26 A Day In The Life: Missouri Council Members And Aldermen 28

Professional Directory

29

News From The Bench: How The New "Macks Creek Law" Affects Your City

31

MML Innovation Awards 2014

37

Member Accomplishments, Calendar Of Events

38

2014 MML Review Magazine Article Directory

Laura Holloway, Editor Contributing Editors: Dan Ross and Richard Sheets Missouri Municipal Review (ISSN 0026-6647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri. Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109. To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at info@mocities.com. The League’s Website address is: www.mocities.com.

The Missouri Municipal Review

November 2014 /3


President’s Report. . .

I

MML President Mayor Bill Kolas Higginsville

have enjoyed serving on the Board of Directors for the Missouri Municipal League for five years, but this year I am especially honored to serve as your Missouri Municipal League President. During a fantastic Annual Conference in September, the League also elected a new vice president, Branson Mayor Raeanne Presley. In addition, three

4 / November 2014

new board members were elected: Mayor Tim Grenke, Centralia; Mayor Stephen Galliher, Sedalia; and Assistant City Manager/Director of Finance and Administration Joan Jadali, Webster Groves. Thank you to all board members for your committed service! I also want to send a special thank you to Kansas City Councilmember Jan Marcason for her outstanding leadership as League president over the past year. Her work on behalf of MML, her state and her community have benefitted citizens across Missouri, and I’m thankful that her service continues on the MML Board. Looking forward to 2015, challenges will continue for local government and it is important for everyone to keep up with the issues we face. The legislative session is coming up fast, beginning Jan. 7, 2015. You can expect to see issues regarding management of municipal rights of way, solid waste management and Sunshine Law revisions. As a League, we work together to keep state officials educated on the needs of municipalities and how new legislation affects us. As a community, your participation is crucial to make an

The Missouri Municipal Review

impact. It is more important than ever to demonstrate to citizens how local government benefits their everyday life and encourage them to be involved as well. Plan now to attend the MML Legislative Conference in Jefferson City Feb. 10-11, 2015. The Conference provides a valuable overview of the legislative session and new laws that will affect your municipality. Most importantly, you can visit your state legislators and share in person how legislation will affect their constituents. The Conference is a great chance for members to renew ties with other elected officials and see the power of working together to strengthen Missouri communities. Your MML staff continues working to grow Missouri communities each day. I am thankful for their continued service offering reliable and current information on the countless topics we all encounter in local government. Their work to provide a unified voice for municipalities will be incredibly valuable as the new legislative session begins. I look forward to an exciting year for Missouri municipalities.

www.mocities.com


Director's Report. . .

Dan Ross Executive Director

T

he results of our 2014 MML Membership Survey are in and the information has been tabulated. More than 500 municipal officials participated and shared how MML can better serve you. It has been a number of years since a membership survey has been conducted and MML staff are excited to receive feedback and ideas. Based on the results, a major reason municipalities belong to MML is to stay up to date with the latest legislative information affecting local government. Eighty-eight percent of members who responded to the survey indicated this was a primary focus when joining MML. Other reasons for joining MML include the valuable conference and training opportunities along with a wide variety of sample ordinances and state statute resources. Networking opportunities are also cited as another great reason to belong to MML. The products provided by MML score very well with members. Half of those participating in the survey indicated that they take advantage of our Inquiry Services between one and 10 times a year. MML staff answer more than 5,000 questions annually on topics such as budgets, council procedures, planning and zoning and many more. Inquiry Services can be utilized by calling 573-635-9134 or emailing info@mocities.com. The MML monthly e-Newsletter, Missouri Municipal Review magazine and MML website all scored high for usefulness of information. Sixty-seven percent of respondents indicated that they opened and read the newsletter each month. www.mocities.com

Fifty-six percent of those surveyed not only read the magazine but indicated that they read all six issues that come out each year. The MML website is visited monthly by 43 percent of those surveyed. We will continue to use these tools to bring you the latest legislative information, recent court decisions, training opportunities, economic development information and other top news affecting your community. With all the members that are overwhelmingly interested in the legislative arena, 90 percent of respondents have not yet participated on a MML policy committee. There are four policy committees that MML members may serve on: Finance and Taxation; Municipal Administration and Intergovernmental Relations; Economic Development and Human Resources; and Natural Resources and Urban Development. For those interested in influencing policy in one of those areas mentioned, please check out www.mocities.com and look under the Advocacy tab to learn more about how to participate. I wanted to fill you in on our newest products: online training and the Municipal Governance Institute or MGI. Over one-third of those surveyed were not aware of the online training or the MGI program. Those who have taken the online training wholeheartedly agree that it is worthwhile and has useful topics.

Thank you to all members who participated and provided valuable information back to the board and MML staff. Your ideas and suggestions are crucial as we work to benefit communities across the state. Thank you also for the many encouraging and positive statements about MML staff, products, and services. If you would like to see a copy of the full survey results, please contact us at info@mocities.com or (573) 6359134.

A Few Favorite Survey Comments: “MML does a great job of communicating important information and answering questions in a timely manner.” “MML is always responsive.” “MML is a tremendous help to us.” “MML is a staple for most municipal officials and employees. Thanks for what you all do on our behalf.” “MML is a very important resource for our city.” 

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November 2014 / 5


BUILDING BETTER CITIES by Joe Lauber

The following article is the second part of a two-part feature sharing ways to build a city's strength and keep a city on the path to success. The first installment of this feature was published in the September 2014 issue of the MML Review Magazine and covered goal-setting and the analysis of internal resources. Find the September 2014 issue of the MML Review at www.mocities.com.

External Resources Analyses

Once an internal review has been completed, it is time to look beyond the walls of city hall and out through the community to your city limits. This is what I refer to as the external resources analysis. It is how the outside world sees and perceives your city. It reveals things a city can work on to improve the factors that drive those perceptions.

Jurisdictional Boundaries

The first external review topic I recommend is to address where you are, or better yet, where you are not! Increasing the size and shape of the community’s boundaries has a direct effect on the ability to collect sales tax, franchise, utility, administrative fee and fine revenues – but will also cause additional need for services. Think about whether the city’s boundaries have been extended in the most strategic manner possible. To get at this issue, some questions are appropriate: • • • •

How do people come into contact with your community (are they driving to or through or passing by?) Do you have a historically strong source of potential customers flowing through your town (highway, airport, river)? Have you been bypassed, and if so, do you need to work to bring the new highway back into your community’s limits? What are nearby resources (businesses, tourist attractions, major employers)? Is it feasible to bring them into your boundaries?

If boundary adjustments are needed, look for and understand strategic opportunities that are presented. The governing body may need to discuss policy decisions, including whether the city is willing to pursue voterapproved (involuntary) annexation to expand, or if it is willing to consider only petition-initiated (voluntary) annexations. Have these conversations with possible strategic partners to develop opportunities to collaborate. It may be necessary to work with owners of desirable property

6 / November 2014

by assisting with potential sale/lease of property – even economic incentives. You also may need to work with neighboring communities to establish ground rules for targeted areas.

Community Business Review

An analysis of the community’s businesses is another important consideration. Just as with a city’s infrastructure, it is a good idea to take an inventory of the businesses operating within the jurisdictional boundaries. Every city should have a good understanding of all types of businesses, whether large industrial employers, small businesses or home occupations. Ask if there are ways to incubate these smaller businesses into larger, more successful enterprises. Are there ways to connect these businesses to create a better draw to the community? Another consideration is whether the community’s critical needs are being met. Some smaller cities are feeling the pinch that comes after losing businesses like a pharmacy or grocery store. A market study is a great tool for a city to understand where its sales tax dollars are leaking when residents drive out of town to conduct business, and also from where others travel to your community to shop. A market study can also help identify the types of businesses that are best suited to the city’s demographics. These studies can be immensely useful when developing an economic development policy as was discussed above. With the information provided in a market study, your community has the best information to determine where gaps exist and what types of businesses should be recruited to the city. Finally, a business inventory can also assist in developing crucial relationships with the business leaders in the community. These entities need to thrive to keep the employment base stable. Additionally, keeping tabs on business activity can be beneficial if problems develop that tax the city’s ability to provide services. Understanding these connections can help to reduce the likelihood that businesses will over-exert services and infrastructure, or be damaging to systems; specifically, the city’s sanitary or storm water sewers or water infrastructure.

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Economic Development Status

An external analysis should also include a review of the city’s economic development status. Elected officials or city staff members need to take a good, honest look at the community to determine in which direction it is heading. Is it growing? Stagnating? Constricting? How does it compare to the closest “competition” or similarsized cities in the area? Another thing to think about is the approach to economic development. Is the city proactively marketed to attract a good mix of manufacturers, service providers and retailers? Or are you sitting on the sidelines hoping someone will find you? Are you reactive in your approach – meaning that developers come with their ideas (usually seeking public money to assist their efforts), or are you proactive, meaning that the city knows what it needs and can make good business decisions about the types of businesses for which it will consider incentives. This is exactly where a wellplanned economic development policy can be employed. It is also important to ensure that economic development efforts are well balanced. So many times a community gets caught up in the new, shiny retailer to be the savior to the extent that it neglects the core businesses that formed the backbone of the community for generations. It is critical that when a city grows, it maintains the existing businesses in the community. If you are putting new businesses on the outskirts, consider how to entice the traffic flow visiting those establishments back to the downtown area. Earlier in this segment of the article I used the term “competition.” The reason for my use of the quotations is that although jurisdictional neighbors may be a rival on the football field or basketball court, they do not necessarily need to be a rival on economic development terms. Sometimes the whole can be greater than the sum

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of its parts … if the community is “too small” on its own to attract tourists or employers or whatever is desired, perhaps neighboring communities should band together to market cumulative resources. When viewed in the aggregate, communities may be able to achieve demographic benchmarks and the drive times among the component areas may not be any more than would be found in a typical metropolitan area.

Building Stock Inventory

The final consideration for external analysis I suggest is that of the community’s building stock. This issue gets to the heart of the message that the community sends to the outside world based on its appearance. As the saying goes, you only have one chance to make a first impression. Consider when a plant manager or building site selector drives through the town for the first time, does it look like a place in which

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816-525-7881 jlAuber@lAubermunicipAl.com www.lAubermunicipAllAw.com

BENEFITS:

they could be excited about making an investment? Is this a place they can tell their workers that they need to live and raise their families? It is important to have building and property maintenance regulations in place, and even more important to enforce them. Communities should have policies in place that support pride in ownership and investment in property maintenance. When this doesn’t happen, it is very easy for the lowest common denominator effect to take root. Over time, it becomes more difficult for citizens to “do the right thing” if a neighbor’s property or the house on the corner always looks terrible. Subdivision, planning and zoning regulations should be in place and be enforced. Subdivision regulations help to ensure that as land is developed, it is done so in a way and at a pace that makes sense from the standpoint of providing governmental services. Zoning regulations allow a

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COVERAGE:

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November 2014 / 7


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potential property investor to buy with confidence that an adverse use will not pop up next door. Just as was the case with infrastructure and building stock, it is important to have an inventory of the structures in the community. What percentage of the structures are industrial? Commercial? Residential? In what condition are those properties? Are they owner-occupied or leased? What is available for sale or lease … would you know if a potential investor asked today? If property owners in the community know they should communicate with you when space becomes available, you will be better suited to inform the development community of these opportunities. If it is applicable to the community, do something to improve its self-image. Do not allow a self-fulfilling prophecy of “we can’t do it” to take hold. Make changing the expectations of how the community appears a priority.

Encourage Community Involvement

I will close this article with the topic of encouraging community involvement. I credit MML and the fantastic keynote address given by Peter Kageyama in 2012 at the Annual Conference for my passion about this subject. In his book For the Love of Cities, Mr. Kageyama challenges

8 / November 2014

Fl o ri ssa n t Va l l ey Fire Protection District St. Louis 314.439.1601

communities to do things to elicit the emotion of love for those communities. As community leaders, it is important for each of us to consider whether our communities are places that people truly want to be. Do people love where they are? This is not a question about which to speculate. Instead, ask everyone at every opportunity possible. Do this in person and do this in surveys. Constituents can sometimes be most vocal when something is going wrong. While it is important to address those problems, it is just as important to know what is going right, and to trumpet those successes. The stronger a person feels about his or her community, the more likely they will be willing to invest their time in it. If you create a place that people love, it adds to the community’s sustainability. If people love where they grew up, young people won’t be straining to get out and will even look to home to raise their own family. When the community is a place that people love, it will be easier to attract businesses and employers that in turn provide more to offer constituents: success begets success! Celebrate those successes. It’s easy to complain and pile on, but don’t let the negatives define the city. Provide positive reinforcement to those who are working hard in the community and encourage others to do The Missouri Municipal Review

the same. Have a yard-of-the-month award, recognize a citizen or business of the month or year. Do resolutions to show gratitude for service or good citizenship. Finally, provide as many opportunities as possible for citizens to gather together and celebrate the community. Hold funky parades on Halloween or Groundhog Day. Project a movie on the side of a building on the downtown square. Hold tricycle races or host the local band in the community gazebo. In the past, when speaking on this topic I told the very sincere story of how I picked the community in which I live to be the place where I’d “settled down.” In the end, it is a story of how I fell in love with my community. I close with a challenge to you in the form of a question: What are you doing that will make someone fall in love with your community today? Oh, and you might be wondering about the community I wrote about at the beginning of this article. I am happy to report that they are doing very well and achieving goals on a regular basis. Since the discussion nearly two years ago, they have annexed land to bring the bypassed highway back within city limits; they obtained voter approval for a fire protection sales tax to offset costs that were previously being covered out of the general fund; they hold regular live music events; they have adopted their first zoning code; a new restaurant has opened in town, and the local convenience store and gas station has decided to relocate and expand. Things are really looking up! Joe Lauber has dedicated his entire career to the practice of municipal law on behalf of public entities. In 2010, he established Lauber Municipal Law, LLC, after years of practice representing public entities at larger firms in the Kansas City area. Joe has experience representing municipalities statewide regarding a wide variety of economic development tools and is a regular speaker, author, and contributor for MML. He can be reached at 816-525-7881 or jlauber@ laubermunicipal.com . To learn more about Joe and Lauber Municipal Law, LLC visit the firm’s website at www.laubermunicipallaw.com.

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TRANSPARENCY AND TEAMWORK: THE BENEFITS OF USING A THIRD-PARTY CUSTODIAN by PFM Asset Management LLC

Two recurring themes in public-sector and institutional investing are transparency and avoiding conflicts of interest; they often influence how investors approach many aspects of their investment programs, from selecting an advisor to how trades are executed. However, what some investors may not consider is how their assets are held in custody. Specifically, are the assets held in the investor’s name? Does the custodian have the ability to lend out assets? Many financial services companies offer custody services as part of a bundled service platform under one agreement. For example, a broker’s or a bank’s wealth management arm commonly assumes both investment management and custodial responsibilities. However, this arrangement is not typically considered to be a best practice and may present some risks that necessitate disclosures on financial statements. This article provides an overview of common custodial arrangements, the benefits of using a third-party custodian, and what investors should look for when selecting a safekeeping arrangement.

Common Custodial Arrangements

Overall, there are two common types of custodial arrangements: 1. Securities are held by a broker (or a bank acting as a broker) – In this scenario, the broker holds securities in an account it controls. Securities are not held in the investor’s name and there is not a separate custodial arrangement. 2. Securities are held by an independent custodian – In this scenario, securities are held in the investor’s name by a financial institution in an account that is not under the control of the investment advisor or broker. The agreement between the custodian and investor is separate from the investment advisory agreement.

The Risks Of Not Having A Separate Custodial Arrangement

Without a separate custodial arrangement to hold securities in the investor’s name, investors may be exposed to the following risks:

Lack of Control

Securities that are not held in the investor’s name may be loaned out or used by the financial institution as it sees fit. The broker has no fiduciary responsibility to protect the securities. There are some cases in which assets may be held in the investor’s name, but the contract may include a provision that allows the financial institution to lend assets. Securities lending by a

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custodian adds complexity and may add risk to managing the assets. In this case, it is important for investors to fully understand the terms of their agreement. While bundled arrangements are convenient for the investor, they can

be problematic when multiple services are provided under one agreement. Investors are unable to hire and fire individual providers as they see fit without affecting other services. A type of bundled arrangement that includes services provided by individual parties

Features Investors Should Look For In A Custodian Investors should carefully understand the manner in which their assets are held in safekeeping as well as the costs involved in custodial services. Regardless of the custodial arrangement, third party or otherwise, investors should fully understand the terms of the contract. Public-sector investors in particular should be familiar with their state statutes that may require the use of a third-party custodian. In selecting a custodial arrangement, consider looking for the following features: • A separate agreement, distinct from the brokerage or investment advisory contract. • Assets held in the investor’s name. • Separate invoices detailing the services and associated costs. - In understanding these services, make sure that they are reasonable and are compared on an “apples-to-apples” basis with other providers. • Accounting guidelines that follow GAAP and meet GASB requirements as applicable. • Internal controls, such as audit procedures and SSAE 16 reports. Meeting all of these criteria helps ensure that the custodial arrangement is in the investor’s best interest, maintains transparency and supports accurate reporting.

The Missouri Municipal Review

November 2014 / 9


Benefit #3: Independent Valuation Of Holdings

The custodian is the official record-keeper responsible for detailing investments held on behalf of t he invest or. Addit i on a l l y, w e believe dedicated custodians are best positioned to report and value holdings because of their infrastructure and internal controls. For example, many custodian banks operate under a continuous audit cycle, with internal and external auditors reviewing one or more aspects of the operations on an ongoing basis. Additionally, custodians are required to provide clients with SSAE 16 reports that exist to help ensure that investors’ financial statements are accurate when they rely on a third-party service organization.

Benefit #4: Increased Checks and Balances

under separate agreements allows investors to maintain greater control of their investment program. Lack of Transparency

Providers that bundle services typically communicate one fee that is inclusive of all services, making it challenging for clients to determine how much is earned by the broker and how much is earned by other providers. These arrangements may advertise “free” custody services. Without a clear delineation of the costs of investment management and custodial services, investors cannot accurately compare services and costs among providers when fulfilling their fiduciary duties.

Conflicts of Interest

When one provider handles both portfolio management and custody/ safekeeping (especially under one agreement), there is no independent third party clearing and settling trades. We believe that without this independent function, trade execution, the movement of cash, and valuation of assets cannot be objectively verified.

The Benefits Of Having An Independent Custodian

Perhaps the most important aspect of using an independent custodian is that securities are held in the investor’s name and for the investor’s sole benefit.

10 / November 2014

Additionally, the segregation of duties between the investment manager or broker and custodian provides added controls to the process of accurate record-keeping. We have summarized the various benefits here: Benefit #1: Fee Transparency

By having separate parties with separate contracts providing brokerage, investment advisory, and custodial services, investors can see clearly how much they are paying for each service.

Benefit #2: Certain Risk Disclosures Are Not Required

Generally accepted accounting principles (GAAP) that are consistent with the standards of the Governmental Accounting Standards Board (GASB), require investors to make certain risk disclosures in the notes to their annual financial reports when securities are not held in the investor’s name. These disclosures are related to custodial credit risk (i.e., the risk that depositors may not be able to recover their assets due to the default of their custodian) and are required for all investments that are not registered in the name of the investor and are held by either the counterparty or the counterparty’s agent or trust department (not in the investor’s name). When assets are held in the investor’s name, these disclosures are not required. The Missouri Municipal Review

We believe it is a best practice to have two independent sources of information with regard to verifying investor account data. Although the investment advisor or broker may not be the official recordkeeper, regularly reconciling internal records with those of the custodian can help identify, research and resolve any differences in a timely manner.

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MISSOURI MUNICIPAL POLICY 2014-2015 The 664 member cities and villages of the Missouri Municipal League, in adopting the Missouri Municipal Policy, call attention to and set policies for issues involving common municipal interests consistent with the right of any municipality to express its individual viewpoint. The Missouri Municipal Policy 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. Municipal government, being the closest to the people and being a creature of the higher levels of government, must be provided with resources and authority from the other levels of government in order to carry out its vital role. Policy-making is a very important function of the Missouri Municipal League. The primary process is that four appointed policy committees meet each July to discuss and debate policy issues facing Missouri municipalities. 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 Business Meeting during the Annual Conference. Alternatively, members may modify or offer new policies during the Business Meeting for adoption by the general membership.

Members of the 2014 Resolutions Committee Chair, Matthew G. Robinson, Mayor, Hazelwood Dale Bagley, Mayor, Macon Donna Baringer, Alderman, St. Louis Patrick Bonnot, Loss Control|Member Services Dir., MIRMA David Bower, Mayor, Raytown Conrad Bowers, Mayor, Bridgeton Shane Cohn, Alderman, St. Louis Tim Fischesser, Executive Director, St. Louis Co Municipal League Barry Glantz, Mayor, Creve Coeur J.T. Hardy, City Administrator, Sullivan Christine Ingrassia, Alderman, St. Louis Leonard Jones, Jr, Mayor, Grandview Patrick Kelly, Mayor, Brentwood Bill Kolas, Mayor, Higginsville Norman McCourt, Mayor, Black Jack ECONOMIC ECONOMICDEVELOPMENT DEVELOPMENTAND AND HUMAN RESOURCES HUMAN RESOURCES Chair, Patrick Kelly, Mayor, Brentwood Barbara Abram, Council Member, Bridgeton Judy Bateman, Alderman, St. Peters John Biggs, Mayor, Webb City Don Bormann, Alderman, Centralia Katie Bradley, Lobbyist, Missouri Municipal League Baird Allen Brock, Chairman Pro Tem, Warrensburg Errol Bush, Alderman, Northwoods John Butz, City Administrator, Rolla Jack Chase, Alderman, Northwoods Linda Christle, Executive Director, Sedalia Allan Gray, II, Council Member, Lee’s Summit Gary Lathrop, Council Member, Belton Joe Lauber, Managing Member, Lauber Municipal Law Andrew Leahy, Alderman, Brentwood Penny Lyons, Mayor, Osage Beach Vicky McLeland, Clerk, Macon Jacqueline Patton, Clerk, Velda Village Hills Jim Pepper, Council Member, O’Fallon

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Robert McDavid, Mayor, Columbia Arthur McDonnell, Mayor, Kirkwood Terry McVey, Counselor, Kennett Steve Moore, Council Member, Fulton Jan Neitzert, Executive Director, MO Parks and Recreation Raeanne Presley, Mayor, Branson Randall Rhoads, Mayor, Lee’s Summit Scott Roberson, Council Member, Independence Kathleen Rose, Mayor, Riverside Debi Salberg, Council Member, Webster Groves Mike Schneider, Mayor, Overland Arthur Sharpe, Jr., Council Member, University City Gary Shaw, Council Member, Joplin Robert Stephens, Mayor, Springfield Scott Wagner, Council Member, Kansas City David L. Willson, Mayor, Manchester Kevin Wood, Mayor, Harrisonville

Jerry Reese, Council Member, St. Charles Bob Russell, Economic Dev Dir, Florissant Harold Selby, City Administrator, Pacific Tom Short, City Administrator, Carthage Eric Struemph, Mayor, Jefferson City Scott Von Behren, Council Member, Belton Debra Wilkerson, Council Member, Malden ECONOMIC DEVELOPMENT POLICIES ACCESS TO CAPITAL The MML supports public and private efforts to provide access to seed and venture capital for viable projects by Missouri entrepreneurs. The state of Missouri, in conjunction with its communities, shall make an effort to assist new and expanding businesses with access to competitively priced financing. MISSOURI WORKS PROGRAM The MML supports “Missouri Works,” a program that combines the Development Tax Credit Program, the Rebuilding Communities Tax Credit Program, the Enhanced Enterprise Zone

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Tax Credit Program, and the Missouri Quality Jobs Program and rolls their functions into one stream-lined program to promote business retention, expansion and attraction in Missouri for job creation and capital investment. The state should consider establishing additional programs for the retention and expansion of existing businesses at a community level. CONFIDENTIAL NEGOTIATIONS The MML supports changes to Chapter 610 RSMo to allow economic development projects to be negotiated in closed session similar to the exemption that currently exists for real estate. DOWNTOWN REVITALIZATION AND ECONOMIC ASSISTANCE FOR MISSOURI PROGRAM (DREAM) The MML supports the concept of downtown revitalization and reinstituting the funding and expanding of the DREAM program due to prior success. ECONOMIC INCENTIVE PROGRAMS

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The state of Missouri should maintain basic economic incentive programs including but not limited to: 1. Community Development Block Grants 2. Taxable and tax-exempt financing programs 3. Various tax credits 4. The Missouri Linked Deposit Program 5. Environmental Improvement and Energy Resource Authority 6. Missouri Industrial Development Loan Guarantees 7. Enterprise zones 8. The Missouri Community Betterment Program. All such programs should be maintained at existing or increased levels. INDUSTRIAL REVENUE BONDS The MML supports the extension and expansion of the dollar limit on tax-exempt industrial revenue bonds to provide financing for business expansions. 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 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. SUPER TAX INCREMENT FINANCING CAPS The MML urges the General Assembly to increase the existing fiscal cap on the super Tax Increment Financing (TIF) program. MISSOURI TECHNOLOGY CORPORATION The MML supports full utilization of the Missouri Technology Corporation and support of its goals and objectives. RURAL ECONOMIC DEVELOPMENT TRAINING The MML supports the Department of Economic Development in the creation of a program to provide rural officials and practitioners with development of skill sets that would enable them to better work with businesses to retain and expand employment. STATEWIDE SPORTS COMMISSION The MML urges the state of Missouri to consider the economic benefits of a statewide sports commission with the responsibility for assisting in the recruitment and support of regional sporting efforts. TAX ABATEMENT The MML supports the preservation of Chapter 353 RSMo, the urban redevelopment law, including the option of tax abatement without unwarranted restriction by other governmental units. TAX CREDIT PROGRAMS The MML opposes subjecting the tax credit program to the appropriations process as this puts Missouri at a competitive disadvantage. MML supports

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the retention and funding of these tax credit programs: a. Low Income Housing Tax Credits b. Tax Credit for Contributions Program c. Neighborhood Assistance Program Tax Credits d. Historic Preservation Tax Credits e. Brownfields Jobs and Investment Tax Credits f. Missouri Build Tax Credits g. Film Production Tax Credit h. New Markets Tax Credits i. Investment Credit Tax Programs TAX INCREMENT FINANCING The MML opposes legislation to exempt any governmental entity from being required to contribute to the Tax Increment Financing (TIF) allocation fund. The MML opposes any attempt to change the purpose or types of development permitted under current TIF statutes. The MML supports legislation that clearly requires all applicable taxes, pre- and postadoption, to be subject to the TIF. TAX INCREMENT FINANCING (TIF) AND TRANSPORTATION DEVELOPMENT DISTRICT (TDD) REPORT FILING PENALTY The MML supports a revision to the Tax Increment Financing (TIF) report filing law that prohibits cities from initiating a new TIF project until the annual report is filed. The MML also supports legislation to cap the penalties for late filing of Transportation Development Districts (TDDs) annual reports to $10 per day with the fine not commencing until 14 days after notice by the State Auditor of the late filing. TECHNOLOGY TRANSFER The MML supports funding for applied research at Missouri based educational facilities, technology transfer,

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and the commercialization of this knowledge to create jobs in Missouri. TOURISM PROMOTION The MML supports increased funding efforts for tourism promotion campaigns, including promoting the state of Missouri domestically and internationally as a visitor destination. In addition, cost sharing between local and state promotional groups has proven to be a cost-effective way to increase exposure and should be expanded. The MML supports development of art and cultural industries in Missouri. The MML supports the preservation of Missouri‘s natural beauty that makes it a tourist destination. TRANSPORTATION INFRASTRUCTURE The MML recognizes the importance of transportation infrastructure to Missouri economic development and supports continuing reviews of the structure of the Missouri Department of Transportation (MoDOT) and of funding resources to address transportation needs that: 1. Consider the economic importance of connectivity. 2. Provide for mass transit. 3. Maintain existing infrastructure. HUMAN RESOURCE POLICIES AFFORDABLE HOUSING AND HOMELESSNESS The MML urges state agencies to work in conjunction with Missouri municipalities as well as private and notfor-profit organizations to address the areas of: homelessness; affordable housing; supported living services for seniors and the disabled; and rehabilitation of existing housing. Legislative oversight committees should be established to give these issues the attention they deserve. WORKFORCE DEVELOPMENT AND HUMAN RESOURCES To encourage the continued implementation of job training, such as the OJT program, the MML supports: 1. Continued emphasis on the education and training necessary to provide a competitive work force in Missouri, including promoting higher standards for all levels of education. 2. Adequate state funding for preschool, primary, secondary and post-secondary public education, including new educational initiatives to ensure the availability of a Missouri work force equipped with the technical skills to compete in future decades. www.mocities.com

3. Strong coordination between agencies involved in the job training, retraining and placement systems and the business sector; 4. More resources for centers designed to assist high school drop-outs and potential drop-outs to earn high school diplomas or equivalency certification; 5. Continued and increased support for state job training funds targeted for all businesses and not-for-profit organizations. 6. More training dollars as an economic incentive to encourage organizations to target further development of their existing workforce. 7. Working closely with private industry and not-for-profits to plan and implement programs that assist in adult/youth training, worker reentry, the underemployed, seniors and work reentry programs for ex-offenders. 8. Preserving economic development tools used to support affordable “workforce” housing. 9. Expand Show Me Heroes program to include incentives to attract skilled veterans. 10. Develop incentives to retain college graduates throughout the state. CHILD CARE The MML urges the state to develop education programs and incentives to ensure development of public/private partnerships to enhance and expand quality child care and early childhood education facilities, including care for infants, children with special

needs, weekend and non-daytime shift workers and the adequate training of child care providers. Public and private employers should be encouraged to provide quality child care and early childhood education centers and programs through the use of tax credits or other incentives including but not limited to cafeteria plans (Section 125 of the Internal Revenue 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 (DHSS) to adequately fund services and staff to guarantee quality child care for Missouri children, particularly to ensure that funds are available for child care licensing staff to properly license and monitor family, group home and child care centers. The MML also supports the licensing of private and faith-based child care centers and encourages the DHSS and DSS to jointly develop quality incentives that would promote voluntary accreditation or other similar quality standards for all child care providers. COMMUNITY EDUCATION The MML strongly supports the use of state funds for community education programs that are proactive and/or rehabilitative. Examples of these include, but are not limited to programs that prevent or address issues such as: • substance abuse; • gambling addiction; • juvenile delinquency; • gang activity;

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• child abuse; • teenage pregnancy and the education of teenage parents (including prenatal and postnatal care); • parenting skills; • drop-out prevention programs; • reduction of unemployment underemployment; • and development of adequate and available recreation facilities and programs. 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.

FINANCEAND ANDTAXATION TAXATION FINANCE Chair, Norman McCourt, Mayor, Black Jack John Allen, Mayor, Wood Heights Rob Binney, Council Member, Lee’s Summit Greg Camp, City Administrator, Desloge Betty Cotner, Finance Director, Town and Country Dick Davis, Council Member, Kansas City David Dickerson, Alderman, Harrisonville Matt Harline, City Administrator, Centralia Robert Hensley, Mayor, Velda City Arnold Hinkle, Council Member, Black Jack Theodore Hoskins, Mayor, Berkeley Mary Lowry, Clerk/Treasurer, Jackson Arthur McDonnell, Mayor, Kirkwood Jerry Mills, Council Member, Kirksville Cindy Rushefsky, Council Member, Springfield Dan Smith, Finance Director, Creve Coeur Tony Taggert, Alderman, Ashland Shonte Young, Alderman, Moline Acres

14 / November 2014

E-COMMERCE TAXATION The MML urges Congress and the state of Missouri to define that all sales and use tax on sales of tangible property be treated fairly and equitably whether the sales 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. PROPERTY TAX HEARING The MML supports streamlining the process by changing the deadline for setting the municipal property tax levy as required in Section 67.110 RSMo to 30 days after receiving from the county the assessed valuation of all property located within the municipality. TAX RESTRUCTURING The MML opposes the use of a higher sales tax rate to replace the corporate and individual income taxes. Missouri’s cities rely upon sales taxes for general fund and enterprise fund operation. If the state sales tax rate is dramatically increased, municipalities would be crippled in seeking voter approval of new sales taxes and Missouri businesses would lose retail sales to adjoining states and the Internet. BUSINESS AND OCCUPATION LICENSES The MML supports legislation to authorize municipalities to license, tax and regulate the occupation of merchants, manufacturers and all businesses, avocations, pursuits and callings and to, by ordinance, base such licenses on gross receipts, square footage, per capita, flat fee, graduated scale based on gross or net receipts or sales, or any other method of measurement of tax or any combination thereof derived or allocable to the carrying on or conducting of any business, avocation, pursuits or callings or activities carried on in such cities. EXEMPTIONS FROM LOCAL OPTION SALES TAX The MML strongly opposes the exemption of any further items from the local option sales tax and encourages a thorough review of current exemptions to examine their validity. Also, the MML continues to oppose state-mandated sales tax holidays that do not provide a local option on participation or nonparticipation in the holiday. Should the General Assembly approve additional sales tax holidays, the MML requests that all future sales tax holidays include an opt The Missouri Municipal Review

in provision while still allowing the municipality the option to opt out in future years. FEE COLLECTIONS ON ANNUAL PROPERTY TAX BILLS The MML supports legislation authorizing an entity that collects the property tax for itself or for other taxing jurisdictions to also collect any other tax or fee that it authorizes or is authorized by another taxing jurisdiction. LOCAL EARNINGS/INCOME TAXES The MML favors local control of decisions regarding levels and types of municipal taxation and believes it sets a bad precedent to allow voters throughout the state to overrule local voters’ decisions to approve rates and methods of taxation to support essential local services such as police and fire protection. PROPERTY TAX RATE CAP The MML urges the General Assembly and the electorate to raise the caps by 25 cents respectively imposed on municipal property tax rates by Article X, Section 11(b) Missouri Constitution and Chapter 94 RSMo. ROAD AND BRIDGE TAXES The MML supports legislation to require that the percentages stated in the various statutes on road and bridge taxes be spent for road and bridge projects in incorporated cities rather than such expenditures being discretionary on the part of counties and road districts. TAX ON HOTEL/MOTEL GUESTS The MML urges the General Assembly to adopt legislation authorizing all cities to levy a tax on hotel guest rooms with approval of said tax by the voters. The legislation should also require the Department of Revenue to collect the tax if requested to do so by a city enacting the tax. CABLE AND VIDEO FRANCHISING The MML vigorously opposes any federal legislation and regulations that would alter or completely eliminate the ability of local governments to enter into and enforce local cable franchise agreements unless such legislation requires the payment of local franchise fees, compliance with local rights-of-way regulations, payment in lieu of in-kind services, operational grants and consumer protection provisions. PRESERVATION OF PEG ACCESS TELEVISION The MML supports the Community Access Preservation Act www.mocities.com


(CAP) which removes use restrictions on public, educational and government (PEG) access fees, restores PEG revenue streams, and ends cable operators’ discriminatory treatment of PEG channels. The MML urges Congress to enact the CAP Act in order to preserve local PEG channels. REGULATION OF MUNICIPAL BROADBAND The MML opposes any state or federal legislation that regulates, restricts, or prohibits municipalities from providing municipal broadband services. TAXATION OF CELL PHONES, VoIP AND OTHER COMMUNICATION SYSTEMS The MML supports legislation to impose or maintain local gross receipts taxes on cellular, land-line and VoIP telecommunications providers and other types of personal communications technology. The MML also supports legislation that allows wireless devices to be taxed while holding harmless the cities and counties that have enacted sales taxes to address 911 funding issues. UTILITY TAXES The MML strongly opposes any legislation capping the rate or reducing the amount of utility taxes imposed by municipalities. STATE/FEDERAL MANDATES The MML urges members of the General Assembly and Congress to work with local officials to determine how to limit the fiscal and other burdens of mandates on the operation of municipal government. Further, the MML supports an assessment of current state and federal programs, regulations and policies to determine the extent of adverse cost, structural and intergovernmental impacts on cities. OTHER POST-EMPLOYMENT BENEFITS (OPEBS) Accounting standards, GASB (Governmental Accounting Standards Board) Statements 43 and 45, require all state and local governmental agencies to report costs and obligations for other post- employment benefits in their financial statements. While GASB Statements 43 and 45 do not require that governmental entities actually fund other postemployment benefits (OPEB), those that do not are in danger of lowered credit ratings, and may be subject to less favorable discount rates in calculating total unfunded OPEB liabilities or mandated revenue stream diversions. The MML urges the Governor and General Assembly www.mocities.com

to give municipalities the ability to fund OPEB to ensure that local governments are able to adequately meet future obligations. PUBLIC DEPOSITS AND INVESTMENT OF IDLE FUNDS The MML supports passage of legislation that would repeal the archaic laws governing depositories for funds and clarify the investment authority of statutory cities. Such legislation, at a minimum, should include authority for statutory municipalities to choose one or more depositories for public funds under The Missouri Municipal Review

conditions and terms determined by the municipality, including the choice of facilities outside the city. It should also clearly permit investment of municipal funds in obligations of the state; obligations issued by the United States; obligations fully insured or guaranteed by the United States or a United States government agency; repurchase agreements secured by United States Treasury securities; obligations of any corporation of the United States government; prime bankers’ acceptances; and deposits, time deposits, certificates November 2014 / 15


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of deposit (negotiable or non-negotiable), shares, share accounts or other interest bearing accounts in depository institutions chartered by this state or by the United States. The MML further supports a standardization of collateralization requirements for depository institutions. Collateral should not be required of any depository institution for that portion of the municipality’s deposits covered by insurance of any federal agency. TRANSPORTATION NEEDS While the MML strongly supports appropriate funding for transportation purposes in Missouri, the MML opposes the use of sales taxes by the state of Missouri as the primary source to raise revenue for meeting the needs of the state’s highways, roads and transit systems. The MML urges the General Assembly and Missouri Department of Transportation (MoDOT) to devise a comprehensive plan to increase the needed revenue for meeting Missouri’s transportation needs. Such plan should dedicate sufficient funding to provide quality mass transit services throughout the state. This should include funds for systems that serve the elderly, handicapped and low-income residents. MUNICIPAL MUNICIPALADMINISTRATION ADMINISTRATIONAND & INTERGOVERNMENTAL INTERGOVERNMENTALRELATIONS RELATIONS Chair, David Bower, Mayor, Raytown John Best, Mayor, Bolivar Brenda Cirtin, City Clerk, Springfield Adam Couch, Mayor, Odessa 16 / November 2014

Barry Glantz, Mayor, Creve Coeur Bruce Harrill, City Administrator, Waynesville Donald Krank, Council Member, Black Jack Mark Levin, City Administrator, Maryland Heights Chris Lievsay, Council Member, Blue Springs Keith Moody, City Administrator, Harrisonville Glen Moritz, Mayor, Kirksville Andy Morris, City Manager, Moberly John Morris, City Manager, St. John Russell Rost, City Administrator, Union Ron Scheets, City Administrator, Cabool Thomas Schneider, Mayor, Florissant Mahesh Sharma, City Administrator, Raytown Michael Spurgeon, Dir of Admin, St. Charles Everett Thomas, Mayor, Northwoods A.J. White, Council Member, Black Jack BLIGHT/EMINENT DOMAIN The MML vigorously opposes efforts to prohibit the use of eminent domain to rehabilitate blighted areas. MML also opposes any effort that would negatively impact nuisance abatement programs. The MML should work with utilities, businesses, developers, and other groups to inform the public of the benefits of eminent domain and nuisance abatement programs. Eminent domain is indispensable and is most often used as a last resort for revitalizing local economies, creating much-needed jobs and generating revenue that enables cities to provide essential The Missouri Municipal Review

services. Eminent domain is a powerful tool; its prudent use, when exercised in the sunshine of public scrutiny, helps achieve a great public good that benefits the entire community. Economic policies and incentives supported by the Governor and adopted by the General Assembly will have little effect in encouraging business to expand or relocate in Missouri to support the economic vitality of the state if land cannot be assembled through the power of eminent domain if necessary. The MML supports changes in the law to further ensure fair treatment and just compensation of property owners, but any such changes should be carefully drafted to permit use of eminent domain for economic development purposes when necessary. 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 unfunded mandate for newspaper publication to help keep the public apprised of local affairs in a much more cost effective method. GENERAL ASSEMBLY TERM LIMITS The MML strongly supports legislation to initiate an amendment to the Missouri Constitution to lengthen term limits for members of the General Assembly. SELF-GOVERNANCE The MML continues its strong support for self-governance for all municipalities and the right contained therein of municipal self-determination. The MML urges the General Assembly to refrain from enacting legislation in areas that can be better dealt with by local government. Additionally, MML supports the elimination of the minimum population requirement to achieve constitutional charter city status. MODERNIZATION OF LOCAL GOVERNMENT STATUTES The MML urges the repeal or revision of contradictory and/or arcane provisions of the statutes that create barriers to efficient administration of local government. Further, the MML supports legislation that permits the use of electronic and digital archiving of public records. LABOR RELATIONS The MML supports legislation to resolve issues from the Independence NEA www.mocities.com


v. Independence School District Missouri Supreme Court decision. Such legislation must preserve traditional management rights, the fiscal integrity of the city, the delivery of services to the taxpayer and the role of the duly elected representatives of the people as the final decision-makers on contract provisions. Also, the MML Board is urged to appoint a committee to study potential new MML services in support of local officials in the collective bargaining process. MUNICIPAL PERSONNEL POLICIES The MML strongly opposes legislation that would interfere with municipal authority to determine personnel policies or merit system rules and regulations. STATE MANDATES The MML urges the Governor, the General Assembly and state agencies to provide for the reimbursement to cities for direct costs of compliance with state laws, policies, regulations and standards that impose additional costs and responsibilities on local governments, pursuant to the Missouri Constitution (Article X, Section 21) commonly referred to as the “Hancock Amendment.” FINES IN MUNICIPAL COURT The MML supports legislation to standardize the maximum fine for violation of city ordinances at $1,000 for statutory municipalities. PREVAILING WAGE The MML supports legislation to clarify the existing prevailing wage law to define exemptions from the law for deminimus work on public projects including work involving repair and maintenance of public facilities. REGULATION OF MUNICIPAL RIGHTS-OF-WAY The MML supports the authorization of local governments to impose reasonable nondiscriminatory fees for the use of the public rights-of-way. DEREGULATION IN THE NAME OF

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“RELIGIOUS FREEDOM” While the MML supports free exercise of religion, the MML opposes legislation to further erode, under the guise of religious freedom, local authority to protect the health, safety and welfare of all people, including but not limited to municipal zoning, building codes, sign regulations, child care regulations and all other applicable local ordinances. PHOTOGRAPHIC ENFORCEMENT OF TRAFFIC VIOLATIONS The MML supports cities’ use of automated cameras to enforce traffic ordinances and opposes any efforts to restrict cities’ use of photographic enforcement for traffic violations. CONCEALED WEAPONS IN MUNICIPAL FACILITIES The MML supports language to clarify the concealed carry law (Section 571.107 RSMo) to permit local governments to adopt ordinances to prohibit the carrying of concealed weapons in all city facilities and parks. TAXPAYERS BILL OF RIGHTS (TABOR) The MML opposes efforts by any group to impose further restrictions on state revenues and spending through the so-called Taxpayers Bill of Rights (TABOR). PRIMARY SAFETY BELT The MML supports legislation to change Missouri’s secondary seat belt law to a primary seat belt law by allowing law enforcement officers to stop drivers for failing to wear their seat belts. ORDINANCE VIOLATIONS BUREAU 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. OPPOSITION TO PREDATORY LENDING PRACTICES AND THE PROLIFERATION OF PAYDAY LOAN

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OPERATIONS The MML supports legislation that would impose stricter regulations, with penalties, on lenders who engage in unfair and deceptive lending practices. The legislation should give the Missouri Attorney General the increased responsibility to investigate and take legal action against predatory lenders. In addition, the MML supports legislation that would allow cities to impose limits on the number of payday loan companies or similar loan companies or, if desired by the community, to ban these operations entirely. NATURAL NATURALRESOURCES RESOURCESAND ANDURBAN DEVELOPMENT URBAN DEVELOPMENT Chair, Debi Salberg, Council Member, Webster Groves Gerry Biedenstein, Council Member, Kirkwood Bret Brown, Alderman, Harrisonville Melodee Colbert-Kean, Council Member, Joplin Jake Crafton, Mayor, Kennett Chad Davis, Utility Director, Trenton Michele DeShay, Mayor, Moline Acres Kent Edmondson, Council Member, Blue Springs Linda Farmer, Council Member, Macon Laurie Feldman, Council Member, St. Charles Jerry Grimmer, Council Member, Bridgeton Albert Hoag, Council Member, Belton Mary Holden, Comm Dev Dir, Arnold Bill Kolas, Mayor, Higginsville Nancy Luetzow, Council Member, Kirkwood Allan Muncy, City Administrator, Macon Mark Rees, Engineer, Hannibal Kathleen Rose, Mayor, Riverside John Taylor, Council Member, Black Jack Ian Thomas, Council Member, Columbia Shelley Welsch, Mayor, University City J. Bruce Woody, City Manager, St. Joseph Mark Young, Mgr, Stormwater Utility, Kansas City OUTDOOR AIR QUALITY The MML encourages all governmental jurisdictions in Missouri to initiate and support programs

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designed to increase public awareness and education about the air pollution issue and how pollution can be abated. The MML supports continued federal funding for those municipalities that have entered into a contract with the Missouri Air Conservation Commission to monitor air pollution sources within their jurisdictions, including point and area sources. The MML encourages all governmental jurisdictions to help foster a public concern for clean air by leading by example to demonstrate energy efficiency, the benefits of native landscaping, use of quality transportation planning and use of low-emission and low-fuel consumption vehicles in their governmental activities. The MML requests that the state of Missouri provide adequate financial assistance to municipalities in conforming to the state standards for clean air. The state should continue to involve local officials in the implementation of any air pollution plan or policy that may be imposed to conform to EPA pollution standards. INDOOR AIR QUALITY The MML supports all municipal efforts to improve 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 preempts a municipality from adopting local smoking restrictions or any ordinances that are designed to improve indoor air quality. The MML supports an election on uniform statewide smoking restrictions. WATER QUALITY The MML encourages Missouri municipalities to attempt to meet and/or exceed their water permit requirements using watershed-based best management practices, including a strong emphasis on green infrastructure strategies, to mitigate pollutants and storm water runoff. Given the enormous costs of constructing wastewater treatment and collection facilities, MML recommends that the

18 / November 2014

General Assembly appropriate sufficient funds to provide adequate technical assistance through the Department of Natural Resources (DNR) to determine the most cost effective means of meeting state and federal standards. Further, MML urges the Clean Water Commission and the EPA to develop realistic standards based on 1) documented studies that verify potential health risks and 2) site-specific pollution impacts. The MML strongly urges DNR to implement the storm water discharge permit program in a manner that will not impose delays on municipal and private projects. MML opposes any state storm water discharge permit regulation that exceeds the scope of the National Pollutant Discharge Elimination System (NPDES) permit application regulations for storm water discharge. MML strongly urges the EPA and DNR to develop a more simplified and flexible approach to management of municipal storm water runoff than has been imposed on the state’s larger municipalities. MML opposes any “end-of-pipe” testing requirement in storm water permits. Storm water regulations should be applied equally to all jurisdictions. MML strongly encourages the DNR to allow those municipalities with the appropriate administrative capacity to issue land disturbance storm water discharge permits within their jurisdictions. MML supports additional state funding for comprehensive planning and management at the community and state level for flood control projects. MML urges DNR and EPA to develop flexible standards for the treatment of combined sewer overflows that will allow all municipalities to implement solutions that will meet their geographic environmental situation and recognizes financial limitations based on the point of diminishing returns. The MML opposes any state regulations that exceed the scope of the National Pollutant Discharge Elimination System (NPDES) permit program regulations. The MML supports an increase of the NPDES fee of no more than the

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consumer price index, provided that DNR be prohibited from collecting fees from permit holders until permits have been brought up to date by DNR. The MML urges DNR and EPA to base affordability evaluations upon households at or below a community’s household median income. RESPONSIBILITY FOR INCREASING WATER QUALITY IN CREEKS The MML supports all levels of government, with substantial state and federal help, collaborating as equals to insure that high levels of harmful pollutants are within reasonable limits, based on cost-benefit analysis, accurate testing, and other factors under scrutiny in the latest DNR reports. The likely use of the creek or waterway for recreation should also be a factor. Certainly, sewage from faulty infrastructure should be addressed if harmful bacteria result for any reasonable period of time. However, animal waste, certain unavoidable runoff such as that caused by treating streets for ice and snow, and similar pollutants found at relatively low levels in streams unlikely to be used for recreation should be addressed with state and/or federal funds if they require remediation. SOLID WASTE MANAGEMENT MML expects the DNR and EPA to be involved in and protect all municipalities by monitoring all levels of safe waste management activities. The MML encourages municipalities to participate in a regional approach when addressing solid waste issues and urges municipalities to take an active role in the operation of solid waste management districts. Further, the MML encourages municipalities to promote efforts to reduce land-fill waste; to address management of all recoverable materials; to ensure access to core residential services and household hazardous waste collection in an effort to minimize illegal dumping and littering and encourage waste diversion from landfills; to establish public education on waste reduction and solid waste management for residents and businesses; and to support the implementation of

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programs to reduce, eliminate or divert other household and business waste from landfills. The MML urges the state agencies and departments involved with implementation of the state’s solid waste management law to coordinate their efforts with municipal solid waste activities and initiatives. The MML encourages state leadership on policies and issues of statewide significance, including public education, product stewardship, sustainable funding, incentives for diversion goals, and research on technologies and trends. The MML specifically encourages the state to aggressively deal with stimulation of the demand and markets for recycled materials. The MML strongly encourages the federal and state government to take an active role in developing uses for recyclable materials as well as the marketing of the products developed from recyclable materials. The MML urges Congress to eliminate the Commerce Clause barrier by authorizing states and local governments to require that municipal solid waste (but not separated recyclables) be transported to municipal solid waste management facilities. The MML urges the General Assembly to enact legislation giving municipalities greater flexibility in meeting the post closure responsibilities for municipally owned landfills. The MML strongly urges the General Assembly to protect the yard waste ban and any exceptions written into it, the statewide tonnage fee and the rights of local governments to develop and implement solid waste management strategies, facilities and services. In particular, MML urges the General Assembly to remove and prevent barriers for responsible and sustainable waste management best practices, including the elimination of the two-year notice requirement for local governments seeking to contract for solid waste services. HAZARDOUS MATERIAL MANAGEMENT The MML encourages federal and state programs that educate the public and ensure safe processing, incineration, recycling, transportation and storage of hazardous materials including newer products. The MML supports an active investigative effort to identify sources, violators and existing sites of hazardous material. Such investigative efforts should include advance notification to municipal officials.

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The MML further recommends clarification and limitations of the liabilities cities may have for unknown hazardous materials. SUSTAINABLE DEVELOPMENT The MML supports policies, legislation and incentives that lend themselves to sustainable development. Such smart growth policies and legislation will help establish Missouri as a competitive area with cost effective public systems. It also promotes the reuse of neighborhoods with their existing infrastructure, thereby supporting the established schools, churches, firehouses and systems that promote stability. However, development outside established systems and areas should not be discouraged when existing systems are at capacity and can be expanded and sustained with new revenue from the new development without negatively impacting existing systems. The MML supports a triple bottom line (sustainability) approach to municipal and state policy and planning efforts balancing economic, community and environmental factors in decision making. URBAN GROWTH INCENTIVE The MML recommends that existing statutes be revised to require that central water service adequate for fire protection, storm water management infrastructure and state approved sewer service be provided prior to development of a subdivision and to require adequate easements for utilities. The MML opposes any regulatory changes by the Department of Natural Resources (DNR) that would encourage the development of subdivisions with separate water supply, wastewater collection and storm water management systems developed adjacent to a municipal system. Existing regulations should be actively enforced by the DNR. REGIONALISM The MML continues to support regional councils and opposes efforts to repeal or weaken the enabling legislation governing regional councils and their activities. The MML further supports state funding of regional council activities. LOCAL CODE COMPLIANCE The MML urges the General Assembly to enact legislation requiring the mandatory referral of development plans by the state or its political subdivisions to the affected municipal government for compliance with local codes and coordination with municipal plans.

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PREEMPTION OF MUNICIPAL LAND USE AUTHORITY The MML strongly opposes any further preemption of municipal land use regulations by the General Assembly. COLLECTION OF SPECIAL TAX BILLS The MML urges the General Assembly to pass legislation authorizing municipalities to collect special tax bills for property maintenance code violations in the same manner as for delinquent property taxes. MUNICIPAL ACQUISITION OF LAND The MML strongly opposes any attempt to limit a municipality’s power of eminent domain. The MML further opposes any requirement to pay “damages” to nearby property owners when a municipality purchases or condemns land for public purposes. The MML also opposes legislation that would encourage property owners to challenge, risk free, condemnation settlements offered in good faith. EXTRATERRITORIAL PLANNING AND ZONING POWERS The MML supports the amendment of Sections 89.144 and 89.145, RSMo to extend to all municipalities in the state extraterritorial planning, zoning, subdivision and code enforcement powers in the surrounding unincorporated areas. Additional provisions should include mandatory representation of residents in the areas affected on planning and zoning boards during consideration of issues related to their area and the retention of the primacy of the extraterritorial powers by municipalities regardless of whether or not the respective county has adopted planning and/or zoning procedures. LOCAL GOVERNMENT BOUNDARY ADJUSTMENT The MML urges the immediate adoption of legislation amending the annexation statutes to provide that: 1. The current annexation procedures be simplified and expedited to the greatest extent possible; 2. Publicly held land be exempt from the election requirements; 3. Special provisions be included for “unincorporated islands” – land surrounded by incorporated area; 4. Normal municipal services and their funding sources be clearly defined; 5. Municipalities be given the authority to enter into binding pre annexation agreements with landowners with property not contiguous to the

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in the conservation of energy. In order to prolong the supply of our natural resources, the MML endorses the policy of energy efficiency in order to ensure conservation as the most effective means of dealing with the energy situation, such as the weatherization of existing buildings.

corporate limits of a municipality. 6. A second election, as provided for in Section 71.015 RSMo, is not needed when two-thirds of the combined voters of the city and the area proposed to be annexed approve the annexation proposal in the first election, even if a majority of the voters in the area to be annexed fail to approve the annexation. 7. Procedures should be established to encourage territorial agreements between the investor owned electric system that serves the municipality and the rural electric co-op that serves the area to be annexed. 8. The right of a property owner to voluntarily agree to annexation shall be protected. 9. Municipalities be granted clear authority to annex areas along a road or highway up to two miles from their corporate limits for use in development, creation of industry or services that support growth, unless there exists opposition from one of the contiguous cities. EXTENSION OF MUNICIPAL SERVICES INTO ANNEXED AREAS The MML strongly opposes any legislation that restricts the ability of a municipality to extend municipal services into newly annexed areas. Further, the MML urges 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 after an annexation for the municipality and water district to 20 / November 2014

develop an agreement to provide water service to the annexed area. In the creation or expansion of special use districts, i.e. sewer, fire, etc., that encroach or overlap a municipal jurisdiction, the municipality should have the legal grounds to file as an “Exceptor” and be notified via certified mail of the filing of the petition. An exceptor is a party that can file exceptions to the legal petition requesting the formation of the district. Current state law only allows municipalities to file exceptions when water districts are created or expanded. 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 the municipality of the petition to create the special district. The MML opposes legislation that would require cities to provide municipal services beyond municipal boundaries. Municipalities should be given the authority to set urban service standards that apply to all providers within municipal corporate limits. ENERGY The MML endorses reasonable incentives that foster cost effective transition to alternative and renewable clean energy sources produced and delivered in the state, including but not limited to solar energy, wind power, geothermal, nuclear energy, synthetic fuels, biomass, methane gas, and the continued examination of improvement The Missouri Municipal Review

LAND USE AND PERMITTING CONTROLS OVER ALL STRUCTURES, INCLUDING THOSE RELATED TO ALTERNATIVE ENERGY SOURCES New facilities should be harmonious with other structures and uses as judged by local planning and zoning practices and related construction codes. A statewide standard should not supersede local ordinances because communities differ too much in density, architectural features, history, and other neighborhood factors for one standard to address every variable in every community. The MML discourages prohibitions on renewable energy facilities that might include solar panels, wind turbines, windmills, water structures, underground heating and cooling fields and facilities yet to be defined. The MML encourages each locality to consider appropriate policies to encourage reasonable uses. MOVING UTILITIES IN PUBLIC RIGHTS-OF-WAY The MML strongly opposes any legislation that would prohibit or restrict a municipality’s authority to require a utility company to pay the cost of relocating its facilities located in the public rightsof-way when the request is for a public purpose. COLLECTION OF DELINQUENT UTILITY BILLS The MML opposes the repeal of the state law 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. Further, MML supports legislation providing the authority to municipally owned utilities to hold the property owner and tenant jointly responsible for electric, gas, refuse collection and other utility bills. Utility billing polices should be left to local officials who are ultimately responsible for the proper management of municipal utilities.

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RECAPTURE AGREEMENTS The MML urges the General Assembly to pass legislation authorizing municipalities to enter into agreements with developers to construct certain public improvements or excess utility capacity that would benefit other properties not yet subdivided or served by such facilities. The city would recapture for the developer a portion of the costs associated with the construction of these public improvements by requiring properties benefiting from the improvements to pay a proportional share of the installation of these oversized or expanded public improvements before connecting or using said facilities. HEALTHIER LIFESTYLES The MML encourages all municipal leaders and members of the General Assembly to increase access to and affordability of healthy food and beverage choices. Equally as important, communities should maximize access and incentives to participate in safe, multimodal transportation choices, mixed used development, and affordable physical activity, both indoors and outdoors. RECREATIONAL USE LEGISLATION The MML urges the state of Missouri to enact Recreational Use

Legislation to protect landowners from civil liability if they let their property be used by others for recreational purposes without charging a fee for profit. MISSOURI’S LAND AND WATER CONSERVATION FUND PROGRAM The MML supports the full funding of the Land and Water Conservation Fund, in particular, the renewed allocation of LWCF funds to each state. PROPERTY MAINTENANCE ACCOUNTABILITY The Missouri Municipal League urges the Missouri General Assembly to enact legislation requiring limited liability companies that own, rent or lease real property, or owns unoccupied real property to file with the municipality in which the real property is located an affidavit listing the name(s) and address of the person(s) who has management control and responsibility for the real property owned, rented or leased by the limited liability company. Further, the League urges the Missouri General Assembly to authorize municipalities to file legal action to requiring limited liability companies who fail to file an affidavit with the municipality to file such affidavit.

 Are you interested in helping to shape MML policy? Consider joining one of MML's Policy Committees. Contact the League office to learn more, or visit http://www.mocities. com/?page=MMLAdvocacy.

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MML LEGISLATIVE UPDATE by Richard Sheets

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h e 2 0 1 4 legislative session began with a burst of activity as leadership in both the House and Senate pushed to re-enact the 2013 wireless communication legislation that was held to be invalid by the courts. After several very contentious committee hearings, where municipal officials from across the state testified that deregulation of the wireless industry was unnecessary and potentially harmful to Missouri communities, the General Assembly hastily re-adopted most of the 2013 wireless legislation that was thrown out (SB 649, SB 650, SB 651, and SB 653). The City of Springfield and the Missouri Municipal League have filed a lawsuit challenging Senate Bill 649 and Senate Bill 650. SB 649 modifies provisions relating to right-of-way of political subdivisions and allows a utility that has been granted right-of-way access to expand its presence and remain in the right-ofway without entering into an agreement, modifying an existing franchise or obtaining a permit. SB 650 diminishes and undermines municipalities’ responsibility for local land use and zoning regulations, negatively impacting the character of communities throughout the state. Further, SB 650 allows wireless equipment to collocate on existing facilities without any local oversight. Our lawsuit argues that these two bills are unconstitutional, both in the way they were adopted and for the provisions they contain. Once the wireless legislation www.mocities.com

was T ruly Ag reed t o and F inally Passed, the House and Senate settled down to working on the budget and proceeding with deliberations on the other 1,800 bills that had been filed. Many of the remaining bills had a direct impact on municipalities. Due to the many contacts by municipal officials to their legislators, the League was successful in preventing a municipal sales tax exemption for the utilities and equipment used in the preparation of food. We were also successful in The Missouri Municipal Review

preventing the passage of legislation that would have imposed new onerous Open Meetings and Records Law provisions. The legislature also failed to pass legislation to prohibit breed-specific dog ordinances and to prohibit the use of red light traffic enforcement cameras. However, legislation that would have clarified the law regarding the use of red light traffic enforcement cameras did not pass. In the final hours of the legislative session, the General Assembly passed a series of bills that included a number of sales tax exemptions that would have had a dire effect on municipal revenues. Deviating from the normal legislative process, several of the most costly provisions passed without a public hearing. Fortunately, Gov. Nixon recognized the impact these sales tax exemption measures would have on local governments and vetoed all of the bills. The General Assembly Adjourned on May 16. Instead of the pace becoming less hectic for the League staff and municipal officials, the tempo remained at a high level as attempts were made to persuade reluctant legislators to sustain the Governor’s vetoes at the September veto session. The Missouri General Assembly’s annual veto session ended after sixteen hours of nonstop debate that saw emotions flare on more than one occasion. State lawmakers overrode more than $50 million of Gov. Nixon’s line-item budget vetoes. However, they were not able to muster enough votes to override the Governor’s veto November 2014 / 23


of legislation that granted sales tax exemptions to a number of special interests. If overridden, these sales tax exemptions would have shattered municipal budgets. Sustaining the governor’s veto of these ill-conceived sales tax exemptions would not have occurred if not for the many contacts made by municipal officials to their state legislative delegation. Local officials from across the state clearly demonstrated to state legislators that the unintended consequences of these sales tax exemptions would be reductions in vital local services. As this and past legislative sessions have shown, municipal governments are under attack by special interests who want to be exempted from local taxes and regulations. We do not see this trend ending anytime soon. As the political rhetoric about smaller government, lower taxes and fewer regulations intensifies in Jefferson City, it will be incumbent upon all municipal officials to demonstrate to legislators that (at least at the municipal level) regulations and taxes are not excessive and are supported by citizens. It is also critical that we educate state legislators on the connection between local taxes and local services as well as the connection between local regulations and quality of life in our communities.

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Richard Sheets is the deputy director for the Missouri Municipal League.

Are you reading the latest updates from MML? MML sends valuable legislative information, grant and educational opportunities and conference information directly to your inbox. However, spam filters may be keeping you from receiving this information. Be sure to add info@mocities.com to your email address book!

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A DAY IN THE LIFE ...

In 2014, The MML Review is featuring insights from local government officials across the state in the series, "A Day In The Life." In this issue, The Review asked Missouri Council Members and Aldermen to share what inspired them to serve in their community and other questions to provide a glimpse into their role as city leaders.

Terri Violet, Alderman, St. Peters Ken Hussey, Councilman, Jefferson City

What sparked your interest in local government? Violet: After volunteering in different areas of the City and interacting with our local government representatives, I felt as though it was time to serve in a different capacity. I wanted to make a difference by helping to build and improve our community. Hussey: For my graduate degree, my concentration was local government. I learned a great deal about the impact local government has on the daily lives of citizens, and how it is the level of government that can respond quickest and most directly to citizen concerns. In Jefferson City, I became more and more involved in our community and saw serving on the City Council as an opportunity to help move our community forward.

What do you love about your community? Violet: I’m proud of how our community gets involved in the events that are offered by our City. From summertime concerts by the lake to the Veterans Day ceremony, residents attend looking forward to the next event so they can spend time with their families.

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Hussey: Jefferson City has been a city that has welcomed me the past nine years, and it truly is home now. I love the opportunities it provides for young professionals, like myself, to make an impact and work with some great people to move our community forward. I love that if you have an idea, and gather a few others to help, you can make that idea a reality. I have been able to do that a number of times, and watched others do the same. You can very quickly get involved, connected with others who want to do good, and work together to make Jefferson City even better.

What do you most enjoy about serving as a councilmember or alderman in your city? Violet: I have always had a heart to serve. Working with people comes natural and is something I enjoy. Hussey: I enjoy the opportunity to work with my fellow council members and city staff to help improve the lives of our citizens. We work together on issues that are big and small, but all can help move our community forward. I also enjoy the opportunity to get an in-depth understanding of our city government, and then communicate

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that knowledge to citizens and help them better understand what role city government plays in their daily lives.

What challenges do you face in your position? Violet: Residents that don’t trust politicians are a challenge. I’ve learned it takes time to earn their trust by maintaining integrity and being a person of my word. Hussey: The biggest challenge is balancing this role with other work responsibilities and my family. Serving on our city council is intended to be part-time, but it can quickly take up a lot of time. It is important to remember how the role is intended to be and that you cannot let it consume you. Another big challenge is to know when to let city staff just do their jobs. It is easy to get into the weeds as a council member, and want to debate the minute details. However, our role is to make policy and empower staff to enact that policy. Finally, as many local governments are facing, one big challenge is the budget. Our revenues are not increasing at a rate fast enough to keep up with increased expenses. Ultimately, it

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MISSOURI COUNCIL MEMBERS AND ALDERMEN

will require our city to evaluate and prioritize services, and determine what is the proper level of service to meet citizen expectations. If more revenue is needed, then the challenge becomes finding ways to increase revenue.

hiring a babysitter during each meeting so my wife could have some time to herself also. I think that is great advice, especially for council members with young families.

When you were a child, what did you want to be when you grew What advice would you give up? to a new Council Member, or someone considering the field? Violet: Being the oldest child in my Violet: I would advise new members to spend as much time learning from city staff as possible. They have a wealth of knowledge to share and it’s a great way to build a good working relationship. For those considering the position, being an effective Alderman requires giving a significant amount of time to the position. This should be heavily considered and also discussed with close family members before making a final decision. Hussey: I would encourage them to visit with councilmembers who have previously served. Ask them not just about policy issues, but also how it impacted their personal lives. Ask them about how they balanced their job and this position, or balanced their family life and this position. It is important to know that this position will take time away from your family and your job. I missed my five-year-old daughter’s first soccer goal this fall because I was at a budget meeting. It is tough to miss moments like that, but I know there will be more for her and she knows that daddy is helping make the city better. One piece of advice I was given by a past council member was that if you get a salary for serving on the council, consider using that on your spouse and family. For example, since our council meets in the evening, he recommended

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family, I used to play the teacher. I’m now a mother of two wonderful adult children and a grandmother of five beautiful grandchildren. I’ve definitely fulfilled that dream over the years. Hussey: I have always had an interest in politics and government, and thought I would end up working in government and/or elected to office. I also was drawn to education and possibly teaching, so my work with the YMCA Youth In Government helps me fulfill those interests.

earning an honorable discharge. Hussey: During my freshman year at Truman State University, I was Spike the Bulldog, our university mascot.

To what location would you most like to travel, and why? Violet: My dream trip would be to Scotland. I would like to be in the land my family originated. Hussey: There are so many locations that I would like to travel, but for right now I think some time on a beach in warm weather would be great.

most people would be surprised to learn ... Violet: I am a U.S. Navy veteran that served our country for six years

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NEWS FROM THE BENCH by Kenneth J. Heinz

HOW THE NEW “MACKS CREEK LAW" AFFECTS YOUR CITY

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t has now been more than a year since HB 103’s revisions to the “Macks Creek Law” (302.241.2 RSMo) became effective in August 2013. Most cities have had an annual financial report come due since the revisions came into effect. • Traffic costs and fees now cannot exceed 30 percent of annual general operating revenue, rather than the prior limit of 35 percent. Excess revenues are still to be remitted through the Department Of Revenue to the school districts. • The limit now applies to all traffic violations and not just those occurring on state roads. • The limit now also expressly includes revenues derived from amended or reduced charges. • Cities are now required to provide an accurate and timely accounting of traffic fines and court costs with their annual financial reports to the state auditor. • The amended law now provides the potential penalty for noncompliant cities of the loss of jurisdiction of the municipal courts with respect to traffic matters until compliance is achieved.

Missouri Municipal League v. State of Missouri, 13AC-CC00558

On Sept. 19, 2013, the Missouri Municipal League (MML) filed suit in Cole County challenging HB 103 on several grounds, including Article III, Section 23 of the Missouri Constitution that requires “[n]o bill shall contain more than one subject which shall be clearly expressed in its title . . .” The Bill seems to contain a wide variety of issues from authorizing the sale of land to the state highway department, to placing revenue caps on municipal courts and imposing punitive measures that could alter the jurisdiction of the municipal courts. The title of the Bill indicates that it relates to “Transportation,” raising the secondary question as to whether that title is sufficiently “clear.”

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On July 25, 2014, the circuit court rejected the challenge, holding that all of the provisions of HB 103 are sufficiently related to “Transportation” for purposes of the Missouri Constitution. The circuit court judgment also held that “Transportation” was a “broad” title, but did not find it to be so unclear as to be in violation of the Missouri Constitution. The MML also challenged whether HB 103 offends the notion of separation of powers as set forth in Article II, Section 1 of the Missouri Constitution that provides: “The powers of government shall be divided into three distinct departments – the legislative, executive and judicial, each of which shall be confided to a separate magistracy, and no person or collection of persons, charged with the exercise of powers properly belonging to one of those departments, shall exercise any power properly belonging to either of the others.” In rejecting the MML’s challenge on this issue, the circuit court held that the state legislature has the power to regulate municipal judges. Finally, the MML also argued that HB 103’s provisions pertaining to the 30 percent limit were not germane to the original purpose of the Bill in violation of Article III, Section 21 of the Missouri Constitution. The trial court rejected this argument also. This case is now on appeal. An order was entered during the pendency of the suit that stayed, pending resolution of the case, and the effect of the penalty “loss of municipal court jurisdiction” provision.

Other Legal Issues

In addition to those arguments raised in the MML suit, there are a number of other legal issues regarding HB 103. Article 10, Seciton 16 of the Missouri Constitution prohibits the state from requiring any new or expanded activities by political subdivisions without full state financing. Further, The Missouri Municipal Review

Article 10, Section 21 of the Missouri Constitution provides in part, that a new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the general assembly unless a state appropriation is made and disbursed to pay the political subdivision for any increased costs. HB 103 requires cities to provide additional accounting information in their annual financial statements that are far more burdensome than what was required previously, resulting in increased costs to cities. HB 103 arguably, therefore, places an improper unfunded mandate upon municipalities. HB 103 also contains a number of terms that have not been defined, with the collective result that its_ provisions are vag ue. The t erms “ a c c ura t e, ” “fines and costs” and “annual general operating revenue” are not defined. This means that an accurate accounting is required without any indication as to the exact parameters of either the nominator or denominator to be used in making the calculations required by the statute. Additionally, HB 103 is completely devoid of any guidance as to how its provisions will be enforced and regulated, except for the very limited rulemaking authority given to the director of revenue.

Practical Implications

Although on its face HB 103 would seem to impact only those cities with relatively high traffic fines and costs as compared to general operating revenue, the changes actually materially affect all municipalities. The statute requires that “[a]n accounting of the percent of annual general operating revenue from fines and court costs for traffic violations, including amended charges from any charged traffic violation, occurring within the city, town, village or county and charged in the municipal court of that city, town, village or county shall be included in the comprehensive annual financial report submitted to the state auditor by the city, town, village

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or county under section 105.145.” All municipalities need to be aware of this additional requirement, particularly in light of the penalty provision for any municipality’s failure to provide an “accurate” accounting. In order to determine the limit under HB 103, a municipality needs to calculate 30 percent of its “annual general operating revenue.” However, because there is no definition of “annual general operating revenue,” it is unclear if this equates to the city’s operating budget, general revenues or total revenues, including those from special funds. The other part of the calculation of the revenue limit is the total amount of court fines and costs derived from traffic violations. Hence, a line must be drawn between traffic violations and non-traffic violations. Would a drug possession charge be considered a traffic violation because it was uncovered during a traffic stop? It would seem reasonable to consider such a ticket as a non-traffic case. If it were to be considered a traffic violation, then the reporting would become even more difficult, as cities would not be able to simply disregard those charges

30 / November 2014

that are not facially traffic violations, but instead would have to look at the circumstances behind each charge. Another anomaly in the required accounting is that although restricted municipal income may not count towards annual general operating revenue, the statute calls for the inclusion of fines and court costs. Most cities have court costs ranging from $24.50 to $27.50 per case. Of that number, only $12 is retained by a city for general purposes – the rest is for specifically designated purposes. HB 103 refers to both costs and surcharges as forms of court costs. So cities arguably have to count the additional revenue as “court fines and costs,” even though they do not retain it.

suffer harsh penalties for any failure to comply, even if their traffic fines are well below the limit set by HB 103. Consult with your city attorneys and auditors to determine how HB 103 will affect your community. Kenneth J. Heinz is a principal with Curtis, Heinz, Garrett & O'Keefe, P.C. He serves as general counsel for several communities. Heinz has been active as special counsel to many municipalities in Missouri and Illinois on municipal issues. He has delivered seminars to many public and private groups at the local and state level on municipal issues, such as municipal contracts, zoning, and sunshine law. Contact the firm at 314-725-8788 or www.chgolaw.net. Thank you to Edward Sluys, principal with Curtis, Heinz, Garrett & O'Keefe for assistance with this article.

Conclusion

Although the new Macks Creek Law appears to have been designed to address municipalities collecting relatively large amounts of traffic fines, in reality the provisions of this law, as amended, concern all municipalities. The practical ramifications are difficult to fully ascertain. Cities are now confronted with greater reporting requirements and potentially may

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2014 MML Innovation Awards The MML Innovation Awards 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.

Large City Category Winner: City of Lee's Summit

Large City Category Honorable Mention: City of St. Peters

(L-R) City of Lee's Summit Police Department Major Scott Lyons, Mayor Randall Rhoads, Captain Bryan Wilson.

In fall 2011, the Lee’s Summit Police Department elected to implement a new Community Oriented Policing strategy with a Crime Reduction Team (CRT). The CRT would be assigned to designated high-crime geographical areas identified as a CRT Target Zone. The CRT aimed to reduce crime, increase quality of life, and improve perceptions of law enforcement for residents in the defined area. Specifically, the CRT hoped to establish stronger relationships between law enforcement and local residents while reducing violent crime, property crime, and drug activity. The team worked with local landlords and churches to engage the community. The CRT was composed of four officers from the Lee’s Summit Police Department: Sgt. Josh Patterson; Brad Anders, Mark Wiesemann, and Matt Hargrave. The CRT carried out significant drug seizures and other arrests, achieving an 85 percent clearance rate on cases, nearly twice the average for the community as a whole. The efforts of the CRT were measured by a series of qualitative surveys and quantitative measurements of crime in the area. Perceptions of law enforcement and quality of life in the community improved dramatically, and the CRT plans to expand to other areas of the city.

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Front row: City of St. Peters Mayor Len Pagano, Alderman Terri Violet, Aderman Jerry Hollingsworth, City Clerk Patty Smith, City Administrator Bill Charnisky. Back row: Alderman Patrick Barclay, Alderman Rocky Reitmeyer, Alderman Judy Bateman, Assistant City Administrator Tim Wilkinson. Not Pictured: Alderman Don Aytes, Alderman Dave Thomas, Alderman Tommy Roberts.

Meals on Wheels volunteers at the St. Peters’ Senior Center deliver about 150 meals a day, Monday through Friday. The program faced major state and federal funding cuts over the last several years and was in jeopardy. Through the Voluntary Utility Round Up Program, St. Peters utility customers have the option to donate to the Meals on Wheels program by simply rounding up their utility bill payments to the next dollar amount, or to make a larger contribution if they wish. The objective was to provide the supplemental funding to keep the St. Peters Senior Center Meals on Wheels program delivering 150 meals each day Monday through Friday to St. Peters seniors. Because of the generosity of residents, the St. Peters Senior Center Meals on Wheels program continues to deliver hot meals to 150 seniors Monday through Friday. This project involves City of St. Peters’ elected officials including the Mayor and Board of Aldermen, City Staff, City residents and utility customers. St. Peters Board of Aldermen presented and approved the idea to provide the opportunity for City utility customers to make voluntary contributions.

The Missouri Municipal Review

November 2014 / 31


Large City Category Honorable Mention: City of Kansas City

Medium City Category Winner: City of Carthage

(L-R): City of Kansas City Councilmembers Scott Wagner, John Sharp, Melba Curls and Dick Davis.

(L-R): City of Carthage Police Chief Greg Dagnan, City Councilman Jason Shelfer, Police Captain Bill Hawkins, Mayor J. Michael Harris, Officer Doug Dickey, City Clerk Lynn Campbell, City Councilman Steve Leibbrand, City Administrator Tom Short, City Councilman Jim Swatsenbarg.

Americans throughout the country have found urban agriculture to be an excellent way for municipalities to obtain nutritious foods and build community. In Kansas City, Missouri, urban gardeners and farmers turn vacant lots into productive growing spaces. Unfortunately, successful growing in urban areas is often held back due to lack of water accessibility and/or affordability. To address the water access issue, KCMO Water Services, Kansas City Community Gardens, Cultivate KC and Greater Kansas City Food Policy Coalition collaborated to introduce an innovative solution; KC Grow. KC Grow is a consulting and small grant-providing initiative. The primary goals of KC Grow are; accessibility, affordability, and sustainability. The annual project objectives are to educate 100 gardeners and farmers about KC Grow, conduct 50 water audits, provide technical assistance to 25 gardens or farms, and award a minimum of 50 small grants. Within the first quarter of the project, the educational objective has been surpassed and 40 percent of the audits were conducted, putting KC Grow on track to meet its technical assistance and grant-awarding standards.

Team Policing is an innovative concept, implemented by the Carthage Police Department as an extension of the community-oriented policing movement. The Carthage Police Department has designed the Team Policing project as a way to solve several issues in troubled areas of Carthage. The project was created to contend with rising calls for service, increasing criminal incidents and a decreasing quality of life for area residents. The project assigns one or two officers to a selected neighborhood of about 200 homes. These officers go door-to-door to meet with residents and conduct surveys designed to reveal their concerns with crime and security issues. By assisting residents to take ownership of their neighborhood, criminal activity is reduced and the neighborhood is safer and a more enjoyable place to live. Through partnerships with the public works department, area organizations and churches, each area is beautified by addressing code violations. Our sixth and most recent project has assigned an officer to a local apartment complex of 116 units. Working with management and tenants themselves, the agency is addressing complaints of drug activity, property crime and traffic safety. This ongoing project is responsible for a 30 percent reduction in calls for service over the course of three and a half years.

Find a list of all entries and past winners on the MML Innovation Awards page at www.mocities.com.

32 / November 2014

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Medium City Category Honorable Mention: City of Branson

Small City Category Winner: City of Butler

(L-R): City of Branson Alderman Michael Booth, Branson Fire Department Division Chief Charlie Huston and Engineer Brien Reinke.

(L-R): City of St. Peters Alderman Rocky Reitmeyer and City of Butler City Clerk Casey Koehn.

Several years ago firefighters planted a few garden products including tomatoes, cucumbers and basil around the landscaping beds of the station. The original objective was to simply provide one crew with a few fresh vegetables for use with meal preparation. The current objectives allow provision of freshly grown vegetables from over 1,500 square feet of urban garden space, providing products for the entire fire department plus families, other city employees and community members. This urban garden also meets objectives set in the City’s Health and Wellness Program. Branson Firefighters initiated the project and have involved several other City departments to improve the urban garden space. This includes tons of free mulch from tree debris following the “Leap Day Tornado,” use of landscaping blocks recycled from a retaining wall at the Branson RecPlex, and community partnerships such as Home Depot that have helped provide garden seed and supplies. Last year, hundreds of pounds of vegetables were produced and used during the growing season, saving dollars on the firefighter’s grocery bill. It was also a contributing factor in a reduction in 2014 Health Insurance Premiums. This project is fresh, growing, and making a positive impact on the City Staff and Community, and is sustainable.

As of March 2014, the City of Butler has had a fully functioning solar farm. Located on 12.5 acres in the Butler Industrial Park, it is the largest solar farm in the state of Missouri. Butler is known as the “Electric City” because it was the first city west of the Mississippi River to have electric power, so it is very fitting that this solar park be added to the resume. Butler’s utilities are run by the municipality and a significant amount of their revenue comes from this. It has become difficult over the years to keep up with the utility demands and keep the prices down. With a partnership between MC Power Companies, the Missouri Public Utility Alliance (MPUA), and the Missouri Joint Municipal Electric Utility Commission (MJMEUC), the solar farm was designed and built to offset the peak electricity demand used by the City of Butler. Results can be seen daily through MCPower’s dashboard, used to monitor the solar farm.

Small City Category Honorable Mention: City of Windsor The City of Windsor wanted to reduce trash to the landfill and have no increase in citizen’s bills, so it started a recycling program. The city administrator applied for and received three grants from Quad Lakes Solid Waste Management. A recycle trailer was purchased and used but filled faster than it could be emptied. The city submitted a second grant for 1,400 14-gallon recycling totes to provide one to each residence, cleaning up a sanitation truck to be used only as a recycling truck. The curbside recycling went so well that the city applied for a third grant to purchase recycle dumpsters for businesses.

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The Missouri Municipal Review

November 2014 / 33


MML 80th Annual Conference MML's 80th Annual Conference took place Sept. 14-17 in St. Charles, with nearly 650 attendees and more than 200 cities represented. Topics covered included energy efficiency, human resource decisions, the Sunshine Law, LiDAR technology, budget tips, working with legislators and much more. Brian Shul provided a compelling keynote address, sharing his experiences of how he overcame amazing obstacles to become one of 93 men in history to fly the SR-71 Blackbird spy plane. Attendees enjoyed the Ambassadors of Harmony at the Annual Banquet, an evening of entertainment at Frontier Park and seven cities took home MML Innovation Awards. More than 135 exhibitors shared their latest products and services with attendees. Many thanks to attendees, speakers, sponsors and the city of St. Charles for a great conference! We look forward to seeing you next year in Kansas City!

34 / November 2014

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MML Welcomes New Members To The Board of Directors

Mayor Stephen Galliher, Sedalia

Mayor Tim Grenke, Centralia

Stephen Galliher was elected to the Office of Mayor in April 2014 after serving as a City of Sedalia First Ward Councilman from 2010 – 2014. In Sedalia, Mayor Galliher is a member of the Sedalia Masonic Lodge #236 and the Pettis County Crime Stoppers. In addition to his leadership at the City level, Mayor Galliher is an active participant in the Whiteman Air Force Base Community Council – reinforcing the connection between Whiteman and communities in central Missouri. Stephen is also a member of the Missouri Municipal League, the University of Missouri - Pettis County Extension Council and the Missouri Rail Passenger Advisory Committee (MORPAC).

In April of 2005, Tim Grenke was elected as a write-in candidate to Ward 3 Alderman for the City of Centralia. He was re-elected in 2007 and selected as Mayor Pro-Tem. He became the Mayor of Centralia two months later after the resignation of the sitting Mayor. His first bid to be elected to the seat of Mayor was interrupted when he returned to active duty for deployment to Kosovo, forcing his withdrawal from the race. In March 2009, he returned from Kosovo and was elected Mayor of Centralia. He has been re-elected for two additional terms. Grenke serves on the Board for the Mid-Missouri Regional Planning Commission as the Budget Chairperson and is an MML Certified Public Official.

Joan Jadali, Webster Groves

Joan Jadali is the Assistant City Manager/Director of Finance and Administration for the City of Webster Groves.She provides oversight over Finance, Information Technology, and Human Resources and serves as the City’s second in command. Ms. Jadali has held a Certified Public Finance Officer designation since 2009 and has published a number of articles in professional journals including The Missouri Municipal Review and Government Finance Review. She also enjoys speaking at conferences and participating in the Government Finance Officers Association as a Budget Reviewer since 2009 and as a member of the GFOA Governmental Budgeting and Fiscal Policy Committee since 2013.

LET THE SUNSHINE IN! NEW Online Training Class Missouri Open Meetings and Records Law Understanding the Missouri Sunshine Law is vital to serving effectively as a local government official. Custom made for MML, this class answers your questions:

o How should I post a meeting? o When can a meeting be closed? o What constitutes a meeting? o How does the law apply to emails? o How soon must a record request be fulfilled? o What are the penalties for violating the law? 36 / November 2014

Complete at your convenience! Classes are accessible for 30 days after purchase. The Missouri Municipal Review Learn more at www.mocities.com.

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Member Accomplishments

MML Calendar of Events

City of Black Jack Mayor Norman McCourt Honored With MML's Distinguished Service Award

November 4 11 12-13

The Missouri Municipal League honored City of Black Jack Mayor Norman McCourt with the 2014 Distinguished Service Award at MML’s ann ual con ference Sep t. 16 in St. Charles, Mo. The award honors a current or former Missouri municipal official who has made outstanding contributions to the Missouri Municipal League. The selection committee considers a candidate’s length of service, enthusiasm and dedication, participation in MML activities and outstanding leadership in the association. McCourt has served extensively with MML on policy committees. He serves as an active board member and past president. PS Form 3526

14 18-22 December 9-10

Election Day Veteran's Day Missouri Governor's Conference on Natural Resources, Springfield, Missouri Third Annual Public Ethics Conference, St. Louis, Missouri NLC Congress of Cities Conference, Austin, Texas

57th Annual Missouri Science & Technology Asphalt Conference, Rolla, Mo.

2015 February 10-11

MML Legislative Conference, Jefferson City, Missouri

For more events, visit the events calendar at www.mocities.com.

13. Publication Title Statement of Ownership, Management, and Circulation MISSOURI MUNICIPAL REVIEW/MO MUNICIPAL LEAGUE (All Periodicals Publications Except Requester Publications)

1. Publication Title MISSOURI MUNICIPAL REVIEW/MO MUNICIPAL LEAGUE 4. Issue Frequency BI-MONTHLY

2. Publication Number 355520

ISSN 266647

3. Filing Date 10/20/2014

5. Number of Issues Published Annually 6. Annual Subscription Price 6 $ 30.00

7. Complete Mailing Address of Known Office of Publication 1727 SOUTHRIDGE DR JEFFERSON CTY, na, MO 65109-5675

Contact Person MO MUNICIPAL LEAGUE Telephone (573) 635-9134

8. Complete Mailing Address of Headquarters or General Business Office of Publisher 1727 Southridge Dr. Jefferson City, MO 65109-5675

15. Extend and Nature of Circulation

14. Issue Date for Circulation Data Below 09/01/2014 Average No. Copies Each Issue No. Copies of Single Issue During Preceding 12 Months Published Nearest to Filing Date

a. Total Numbers of Copies (Net press run) Mailed Outside County Paid Subscriptions Stated on PS (1) Form 3541(include paid distribution above nominal rate, advertiser's proof copies, and exchange copies) Mailed In-County Paid Subscriptions Stated on PS Form b. Paid Circulation (2) 3541(include paid distribution above nominal rate, advertiser's proof copies, and exchange copies) (By Mail and Outside Paid Distribution Outside the Mails Including Sales the Mail) (3) Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS

2650

2650

2322

2299

200

240

0

0

0

0

2522

2539

0

0

0

0

10

10

0

0

Distribution by Other Classes of Mail Through the (4) Paid USPS (e.g. First-Class Mail)

9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor Publisher (Name and complete mailing address) Missouri Municipal League 1727 Southridge Dr. Jefferson City

c. Total Paid Distribution (Sum of 15b (1), (2), (3), (4)) or Nominal Rate Outside County Copies (1) Free included on PS Form 3541

Editor (Name and complete mailing address) Laura Holloway 1727 Southridge Dr. Jefferson City

d. Free or Free or Nominal Rate In-County Copies included on (2) PS Form 3541 Nominal Rate Distribution (By Mail and Free or Nominal Rate Copies Mailed at Other Classes Outside the (3) Through the USPS (e.g. First-Class Mail) Mail)

Managing Editor (Name and complete mailing address) Missouri Municipal League 1727 Southridge Dr. Jefferson City

or Nominal Rate Distribution Outside the Mail (4) Free (Carriers or other means) e. Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3), (4))

10. Owner (Do not leave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well f.asTotal Distribution (Sum of 15c and 15e) those of each individual owner. If the publication is published by a nonprofit organization, give its name and address.) Full Name

Complete Mailing Address

g. Copies not Distributed

Missouri Municipal League

1727 SOUTHRIDGE DR, JEFFERSON CITY, MO 65109-5675

h. Total (Sum of 15f and 15g)

Missouri Municipal League

1727 Southridge Dr., Jefferson City, MO 65109-5675

i. Percent Paid ((15c / 15f) times 100)

10

10

2532

2549

0

0

2532

2549

99.61 %

99.61 %

16. If total circulation includes electronic copies, report that circulation on lines below.

11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Hoding 1 Percent or More of Total Amount of Bonds. Mortgages, or Other Securities. If none, check box Full Name Complete Mailing Address

a. Paid Electronic Copies

X None

b. Total Paid Print Copies(Line 15C) + Paid Electronic Copies c. Total Print Distribution(Line 15F) + Paid Electronic Copies d. Percent Paid(Both Print and Electronic Copies)

0

0

2522

2539

2532

2549

99.00 %

99.00 %

I Certify that 50% of all my distributed copies (Electronic and Print) are paid above a nominal price. 17. Publication of Statement of Ownership X If the publication is a general publication, publication of this statement is required. Will be printed

PS Form 3526, September 2007 (Page 1)

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Publication not required.

in the 11/01/2014 issue of this publication. PRIVACY NOTICE: See our privacy policy on www.usps.com

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November 2014 / 37


2014 ARTICLE INDEX A Day In The Life A Day In The Life: Of Missouri Mayors 28, Jan A Day In The Life: City Administrators And City Managers - 18, Mar A Day In The Life: Council Members and Aldermen - 26, Nov A Day In The Life: Missouri City Clerks 26, Jul A Day In The Life: Missouri Finance Officers - 18, Sept A Day In The Life: Missouri Public Works Directors - 20, May City Profile Bowling Green: Offering The Best Of Small Town Mid-America - 20, Jul Lexington: Preserving Its Past, Positioning For The Future - 12, May Economic Development Municipal Advisor: What’s That, And Why Should I Care - 18, Jul Big Opportunities For Small Communities - 14, Jan Big Opportunities For Small Communities: Missouri Has The Tools For Success - 26, Mar Building Better Cities Part I - 5, Sept Building Better Cities Part II - 6, Nov Chillicothe’s Hedrick Medical Center Comes To Fruition - 9, Sept Entrepreneurship Matters! - 16, Sept Evolution Of The NID Act And Neighborhood Improvement District Principles And Practices - 21, Jan Expanding Your Economic Development Tool Box - 24, Jan Missouri Community Betterment Education Fund, Inc. - 20, Mar Missouri Transportation Finance Corporation - 25, Mar The Heart And Soul Of The Lee’s Summit Brand - 12, Sept Thnk Like A Retailer - 10, Jan What’s New In Economic Incentives? The Missouri Works Program - What You Need To Know - 18, Jan When Visions Align: Tech Titan Growth In Rolla - 6, Jan Legislation MML 2014 Legislative Wrap Up - 23, Jul MML Legislative Update - 23, Nov Missouri Municipal League Director’s Report - 5, Jan; 5 May; 5, Nov Frequently Asked Questions: Municipal Classification - 28, Mar MML Policy Statement - 11, Nov President’s Report - 4, Jan; 4, May; 4, Nov

38 / November 2014

Municipal Administration Developing An Internal Control Manual 14, Mar Opening Prayer And The Establishment Clause - 5, Jul Strategic Abstentions And Absences In Third And Fourth Class Cities: What Do You Do Now? - 10, Mar Transparency And Teamwork: The Benefits Of Using A Third-Party Custodian - , Nov Are Newspapers Valuable To Your Municipal Election - 16, Mar News From The Bench Employment Law - 29, May Macks Creek Law - , Nov Public Hearings - 21, Sept Conditional Use Permit - 35, Jan Public Safety - 29, Jul

Kratky, Steven R. - 21, Jan Lang, Dan R. - 20, Jul Lauber, Joe - 5, Sept; 6, Nov Martin, Paul - 10, Mar McKenna, James E. - 12, Sept Mechling, Jerry - 36, Jan Missouri Dept. of Economic Development, - 14, Jan Neitzert, Jan - 18, May Sheets, Richard - 23, Jul; 23, Nov Steinkamp, Ron - 14, Mar Swafford, Scott - 16, Mar Tews, Jeffrey A. - 14, May

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Parks And Recreation Visit Missouri Trails - 18, May Public Safety New Traffic Incident Management - 4, Mar Public Works Fast Thinking Saves Higginsville’s City Lake - 8, May Arc Flash Study Increases Electrical Safety At Water And Wastewater Plants - 8, May Bismarck Marks Wastewater Plant Completion - 11, May Gauging Your Fuel Supply For A Natural Disaster Or Emergency - 14, May

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Tech Talk How To Think About Technology In The Work Of Government - 36, Jan

2014 AUTHOR INDEX Appel, Sherry - 4, Mar Becker, Christine - 4, Mar Bednar, Joe - 24, Jan Bockman, Lori L. - 18, Jan Butz, John - 6, Jan Conners, Monica - 18, Jan Cunningham, Thomas A. - 21, Jan Davis, Craig - 24, Jan Davis, David - 35, Jan Diwan, Rishi - 18, Jan Downing, Mike - 26, Mar Fandek, Neal - 16, Sept Fellin, Pam - 5, Jul Heinz, Kenneth - 29, May; 29, Jul; 21, Sept; 29, Nov Holland, Ike - 9, Sept Howard, Nathan R. - 18, Jul Ivers, Mary Joyce - 14, May Kile, Lynnette - 10, Jan

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