MML Review July 2012

The Official Publication of The Missouri Municipal League

TheMissouri Municipal

July 2012

Review

See You in September!

78th MML Annual Conference

Tan-Tar-A Resort

September 16-19, Osage Beach

2 / July 2012 The Missouri Municipal Review www.mocities.com

This information does not represent an offer to sell or a solicitation of an offer to buy or sell any fundor other security. Investors should consider the investment objectives, risks, charges and expensesbefore investing in any of the Missouri Securities Investment Program’s portfolios. This and otherinformation about the Program’s portfolios is available in the Program’s current InformationStatement, which should be read carefully before investing. A copy of the Information Statementmay be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website atwww.mosip.org. While the MOSIP Money Market Series seeks to maintain a stable net asset valueof $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 pershare at the stated maturity, it is possible to lose money investing in the Program. An investment inthe Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any othergovernment agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors,Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org). PFM FundDistributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. Member SIPC.Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, andmanagement. According to Standard & Poor's rating criteria, the AAAm rating signifies excellentsafety of invested principal and a superior capacity to maintain a $1.00 per share net asset value.However, it should be understood that the rating is not a "market" rating nor a recommendation tobuy, hold or sell the securities.

TheMissouriSecurities InvestmentProgram (“MOSIP”) is acomprehensive cashmanagement program for schooldistricts, municipalities, and otherpolitical subdivisions. MOSIP wascreated in 1991 by the MissouriSchool Boards Association.

MOSIP offers its participants aprofessionally managed portfoliowith competitive money marketrates. MOSIP stresses “safety ofprincipal” as the number oneobjective and is rated AAAm byStandard and Poor’s.

Sponsored by:Missouri School Boards Association • Missouri Association of School Business Officials

Missouri Association of School Administrators

Missouri Securities Investment Program

A Cash Management Program for School Districts, Municipalities

and Other Political Subdivisions

William T. Sullivan, Jr.Managing Director

1-800-891-7910 [email protected]

Maria AltomareManaging Director


P.O. Box 11760 • Harrisburg, PA 17108-17601-877-MY-MOSIP

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 631461-800-891-7910

Registered Representatives

Administered by: PFM Asset Management LLC

contents

departments

PresidentMayor Norman McCourt

Black Jack

Vice PresidentMayor Pro Tem Susan McVey

Poplar Bluff

Immediate Past PresidentMayor Carson Ross

Blue Springs

e

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS

Donna Baringer, Alderman, St. Louis; Conrad Bowers, Mayor, Bridgeton; Denise Chisum, City Clerk, Lee’s Summit; Roger Haynes, Deputy City Manager, Mexico; Bill Johnson, Director of Administration, Fulton; David Kater, Mayor, Desloge; Bill Kolas, Mayor, Higginsville; Jan Marcason, Councilmember, Kansas City; *Ron Monnig, Councilmember, Slater; Reanne Presley, Mayor, Branson; Don Reimal, Mayor, Independence; John “Rocky” Reitmeyer, Alderman, St. Peters; Lisa Robertson, City Attorney, St. Joseph; Kathy Rose, Mayor, Riverside; Arthur Sharpe, Jr., Councilmember, University City; Tom Short, City Administrator, Carthage; Paul Ward, Councilmember, Kirkwood; *Gerry Welch, Mayor, Webster Groves; *Kevin Wood, Mayor, Harrisonville.*Past President e

AFFILIATE GROUPS: Missouri City Man-agement Association; City Clerks and Finance Officers Association; Government Finance Of-ficers Association of Missouri; Missouri Mu-nicipal 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.

Laura Holloway, EditorContributing 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 of-fice 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 [email protected]. The League’s Website address is: www.mocities.com.

www.mocities.com The Missouri Municipal Review July 2012 / 3

Review VOLUME 77, NO. 4

Missouri MunicipalThe

July 2012

The Official Publication of The Missouri Municipal League

This information does not represent an offer to sell or a solicitation of an offer to buy or sell any fundor other security. Investors should consider the investment objectives, risks, charges and expensesbefore investing in any of the Missouri Securities Investment Program’s portfolios. This and otherinformation about the Program’s portfolios is available in the Program’s current InformationStatement, which should be read carefully before investing. A copy of the Information Statementmay be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website atwww.mosip.org. While the MOSIP Money Market Series seeks to maintain a stable net asset valueof $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 pershare at the stated maturity, it is possible to lose money investing in the Program. An investment inthe Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any othergovernment agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors,Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org). PFM FundDistributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. Member SIPC.Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, andmanagement. According to Standard & Poor's rating criteria, the AAAm rating signifies excellentsafety of invested principal and a superior capacity to maintain a $1.00 per share net asset value.However, it should be understood that the rating is not a "market" rating nor a recommendation tobuy, hold or sell the securities.

TheMissouriSecurities InvestmentProgram (“MOSIP”) is acomprehensive cashmanagement program for schooldistricts, municipalities, and otherpolitical subdivisions. MOSIP wascreated in 1991 by the MissouriSchool Boards Association.

MOSIP offers its participants aprofessionally managed portfoliowith competitive money marketrates. MOSIP stresses “safety ofprincipal” as the number oneobjective and is rated AAAm byStandard and Poor’s.

Sponsored by:Missouri School Boards Association • Missouri Association of School Business Officials

Missouri Association of School Administrators

Missouri Securities Investment Program

A Cash Management Program for School Districts, Municipalities

and Other Political Subdivisions

William T. Sullivan, Jr.Managing Director


Maria AltomareManaging Director


P.O. Box 11760 • Harrisburg, PA 17108-17601-877-MY-MOSIP

77 West Port Plaza Drive • Suite 220 • St. Louis, MO 631461-800-891-7910

Registered Representatives

Administered by: PFM Asset Management LLC

4/ President's Report

5/ Director's Message

6/ 78th MML Annual Conference

8/ Due Diligence And Risk Management Measures For Economic Development Incentive Approvals by Joe Lauber and Tom Kaleko

13/ Missouri Cities Can Grow Native! by Carol Davit

14/ Innovative Design-Build Road Maintenance Strategy by Greg Rokos, Jeff Martin, Mark Scholfield and Jim Townsend

17/ Seat Belt Policies Are A Key To Risk Management by Mark Woodward

18 / Making Healthier Choices: Eat Smart in Parks by Cindy Deblauw

21/ MML Annual Conference Brochure• ConferenceOverview• ConferenceTentativeAgenda• ConferenceRegistrationForm

26/ 2012 Legislative Wrap-Up

32/ Professional Directory

35/ News From The Bench

36/ FAQ: Missouri Open Meetings and Records Law: Part 1 (Sunshine Law)

38/ Member Accomplishments / Calendar of Events


big-city ExpEriEncE. small-town valuEs. 816-525-7881

[email protected]

The choice of a lawyer is an important decision and should not be based solely on advertisements.

T he 2012 legislative session has wrapped up and cit ies across Missouri a r e e v a l u a t i n g n e w

laws and procedures that affect local government. The end of each legislative session is typically a hectic and often confusing time as bills are amended, seemingly during the final moments of open session. To help you stay on top of what you need to know, the staff at the Missouri Municipal League is reviewing the new laws to determine how they affect you. You can find a summary of this year’s session on page 26. As always, be sure to contact the MML with any specific questions or concerns you may have.

Even more recently, the Elected Officials Training Conference wrapped up in Jefferson City in mid-June. It was a great opportunity to get back to ba-sics and review the many vital issues you deal with each day, from conflict resolution to complying with Sunshine Law requests, to the best ways to handle economic development. I’m so pleased

so many of you could be a part of it this year.

For those of you that attended as a newly elected official, be sure to keep MML’s information on hand. MML answers hundreds of questions each month from members who need reliable and practical answers to specific mu-nicipal concerns. Consider the League to be your personal resource available to keep you informed with up-to-date information on a wide variety of topics that affect you and your municipality.

And there’s more to come! This issue of The Review features the agenda and speaker information regarding MML’s upcoming Annual Conference. Mark your calendars for Sept.16-19 and join us at Tan-Tar-A at the beautiful Lake of the Ozarks to learn the latest strategies for improving municipalities and growing a strong, solid community for your citizens. The valuable informa-tion, quality exhibitors and opportunity to learn alongside local government col-leagues keep officials coming back year after year. I hope to see you there!

MML PresidentMayor Norm McCourt

Black Jack

president's report ...


After two years leading MML and many years working in Missouri government, I can fully

attest to the power in partnerships. Missouri municipalities have pulled together on many occasions to make their concerns in the legislature known, or to underscore the benefits that local government provides to Missourians.

I’m happy to note that as of this spring, that partnership is stronger than ever. MML achieved a new milestone in becoming 670 members strong, with more municipalities joining together than ever before. As MML’s Executive

Director, I and your MML staff are proud to serve so many extraordinary local governments working for vibrant and successful communities.

The League is working to take partnerships one step further. In these tight fiscal times, it can only benefit lo-cal government to leverage resources and work for a common goal. Over the last year, MML has established mutually beneficial partnerships with several organizations that serve local government, including the Missouri Association of Counties, the Missouri School Boards Association (MSBA), MOREnet and REJIS (Regional Justice Information Service).

Partnerships that initially began as a way to meet and discuss common legislative goals or secure technology services now also offer a way to share valuable resources. From the impres-sive audio visual studio capabilities of MSBA to the low cost IT expertise of MOREnet and REJIS that municipalities can now access, we will all have a stron-ger presence in citizen’s and legislator's minds as we work together to highlight the crucial role of local government. Strategic partnerships provide us more eyes and ears both in the legislature and throughout communities, giving us a greater ability to respond or participate in discussions impacting municipalities as a cohesive unit. This is especially

important given the huge education effort legislator term limits require of everyone.

Our new partners are planning to be a part of our Annual Conference this September. Look for them at Tan-Tar-A as speakers and exhibitors, and be sure to welcome them to our team and learn about how their assets and expertise can help you accomplish your mission.

Whether you are a member city, participating affiliate or associate member, I want to thank you for your investment in the Missouri Municipal League. Our goal is to provide advo-cacy, publications, educational oppor-tunities and inquiry services to make sure you succeed.

Working together, with valued partners we can build even stronger municipalities and a bright future for Missouri communities.

Dan RossMML Director

Follow us @MoCities!

Will you be tweeting at MML's Annual Conference?

Use the hashtag

#mocitiesmatter

for your conference tweets. Follow @mocities for the latest information before

and during the conference!

director's message ...


T h e 7 8 t h M M L A n n u a l Conference will be held Sept. 16-

19, 2012, at the Tan-Tar-A Resort at Osage Beach, Mo. The Conference provides a fantastic opportunity to meet and discuss common issues and solutions with y o u r c o u n t e r p a r t s f r o m across the state. Numerous w o r k s h o p s a n d s e s s i o n s will keep you abreast of the issues affecting your city. Topics this year include: social media, planning and zoning, legal issues, collective bargaining, emergency preparedness, technology and much more.

On Tuesday, the General Ses-sion/Business Meeting speaker will be author and change agent Peter Kageyama. He will present “For the Love of Cities.”

ConferenCe registration and Hotel reservations

A conference brochure including a registration form is included in this is-sue. You also may register online for the Conference or download the conference registration from the MML website at www.mocities.com. Hotel reservations may be made online by calling Tan-Tar-A at 800-826-8272.

Business sessions

A very important activity during the Conference is defining statewide municipal issues and developing practi-cal solutions through the resolutions/policy-making process. It is important that each municipal official become involved in developing the “2012-2013 Missouri Municipal Policy,” so views can be heard from municipal officials throughout the state. Official voting on the municipal policy and election of officers and board of directors will occur during the business session at the Conference on Tuesday.

resolutions Committee

The 2012 Resolutions Committee of the Missouri Municipal League will hold a pre-Conference meeting on Aug.

7 to consider the recommendations of the four separate policy committees. The report of the Resolutions Commit-tee will be made to the delegates at the business meeting during the Confer-ence. Any municipal official desiring to have a specific topic considered should submit a proposed resolution to League headquarters as soon as possible. Any resolutions brought directly to the An-nual Conference must be submitted 24 hours before the annual business meeting with copies (200) provided to the League’s president, the resolution’s chair and the executive director.

The statements recommended by the Resolutions Committee and ap-proved by official vote of the League’s membership will become the municipal policy statement for 2012-2013. This policy will provide the guidelines for the legislative program of the League, and direct the activities of the League’s staff during the 2013 session of the Gen-eral Assembly.

Councilmember John Sharp of Kansas City has been appointed chair-man of the Resolutions Committee for 2012. Other members are: Mayor Dale

Bagley of Macon, Alderman Donna Baringer of St. Louis, Loss Control and Member Services Director Patrick Bon-not of MIRMA, Mayor David Bower of Raytown, Mayor Conrad Bowers of Bridge-ton, Alderman Shane Cohn of St. Louis, Mayor Melodee Colbert-Kean of Joplin, Execu-tive Director Tim Fischesser of St. Louis County Municipal League, Mayor Barry Glantz of Creve Coeur, City Adminis-

trator J.T. Hardy of Sul-livan, City Clerk Barbara Hogelin of Joplin, Al-derman Leonard Jones of Grandview, Mayor Patrick Kelly of Brent-wood, Councilmember Jan Marcason of Kansas City, Mayor Norman McCourt of Black Jack, Mayor Robert McDavid of Columbia, Mayor Ar-thur McDonnell of Kirk-wood, Councilmember Steve Moore of Fulton,

Executive Director Jan Neitzert of Missouri Park and Recreation Associa-tion, Councilmember Myron Paris of Independence, Mayor Frank Roland of Hillsboro, Mayor Kathleen Rose of Riverside, Alderman Joseph Run-ions of Grandview, Mayor Stanley Salva of Sugar Creek, Mayor Mike Schneider of Overland, Councilmem-ber Arthur Sharpe, Jr., of University City, Councilmember Gary Shaw of Joplin, Councilmember Scott Wagner of Kansas City, Mayor David Willson of Manchester and Mayor Kevin Wood of Harrisonville.

ConferenCe HigHligHts and entertainment

In addition to the regular educa-tional sessions, several special events are planned for conference delegates. Sunday, Sept. 16, MML will host the 2012 Scholarship Golf Outing at “The Oaks” of Tan-Tar-A. This will be a four-person scramble golf tournament with a shotgun start at 10:30 a.m. Also on Sunday, 1-4 p.m., MML will have a Pre-Conference Workshop . City Attorney Dan Wichmer and Director

78tH MML ANNUAL CONFERENCE


of Public Information Cora Scott will present on “Practical Applications and Legal Considerations for Social Media in a Municipal Setting.” On Sunday evening from 6-7:30 p.m., there will be a Grand Opening Reception in the Exhibit Hall that will provide an oppor-tunity to meet the Missouri Municipal League’s board and staff, as well as visit the numerous vendors exhibiting at this year’s Conference. The Exhibit Hall will feature more than 120 firms, offering the latest products and services tailored to municipal needs. On Tuesday after-noon at 2-4 p.m, there will be a mobile workshop; “Highway 54 Expressway Tour – Cutting Through The Waves of Anxiety.” This will be a guided tour along the new Hwy 54 Expressway. Participants will get a glimpse of what obstacles project managers faced and overcame to build the new expressway.

The featured entertainment at this year’s Annual Banquet on Tuesday evening will be the “Courthouse Steps.”

affiliate group funCtions

As they have for many years, the League’s affiliate groups have sched-uled meetings and sponsored sessions in conjunction with the Annual Confer-ence.

The City Clerks and Finance Officers Association (CCFOA) has scheduled its Advanced Academy ses-sion from 9 a.m. – 4 p.m., Sunday, Sept. 16, “Time Management: Discovering the Truth and Debunking the Rest.” This session is open to all delegates as a pre-Conference seminar as well as to members of the CCFOA. For further information and registration forms for the Advanced Academy, please con-tact Belinda Davis at the Management Development Institute at MSU (417-836-6866). CCFOA also is sponsoring a session “Emergency Response Opera-tions” at 2 p.m., on Tuesday Sept. 18.

The Missouri Park and Recre-ation Association (MPRA) is sponsor-ing a session on Monday, Sept. 17, at 10:45 a.m. on “Healthy Concessions.”

The Government Finance Officers Association (GFOA) has scheduled a session on “Fraud Prevention in Local Government” at 3:30 p.m., on Tuesday, Sept. 18.

The Missouri City/County Man-agers Association is sponsoring a ses-sion on “Lessons in Disaster Prepara-tion and Recovery” on Monday, Sept. 17 at 9 a.m.

2012 nominating Committee

Mayor Carson Ross, ChairCity of Blue [email protected]

Mayor Michele DeShayCity of Moline [email protected]

Mayor Bill FalknerCity of St. [email protected]

Mayor Deborah GahanCity of [email protected]

Mayor Penny LyonsCity of Osage [email protected]

Mayor Jim OdomCity of [email protected]

Mayor Bob RileyCity of [email protected]

Councilmember Gary ShawCity of [email protected]

Councilmember David WatkinsCity of St. [email protected]

Mayor Gerry WelchCity of Webster [email protected]

Mayor Kevin WoodCity of [email protected]

T he governing body of the Missouri Municipal League consists of the President, Vice President,

all Past Presidents who continue to hold elective office, 12 Board Members who are elected municipal officials and five Board Members who are appointed municipal officials. The Bylaws require there be at least one Board Member from each of the nine Missouri Congressional Districts, and no municipality can be represented by more than one Board member (except officers and Past Presidents). Board Members are limited to not more than two consecutive full terms. Officers (President and Vice President) shall have served not less than one year on the Board.

At the Annual Conference, nomi-nations for President, Vice President and Board Members are made by a Nominating Committee of not more than 11 municipal officials appointed by the President. The Committee holds an open session to explain the nominat-ing procedures and to allow delegates to suggest names for nomination. The Committee then meets in executive session to prepare a slate of nominees. At least 24 hours before the Business Meeting, the Committee posts the slate of nominees. Within ten hours of the Business Meeting, other nominations may be made by petition signed by at least ten municipal officials represent-ing at least ten municipalities. The peti-tion provision provides an open process within which interested municipal of-ficials may challenge the Committee’s nominees.

The Nominating Committee deter-mines which members of the slate may be contested by the petition without jeopardy to the requirements of the By-laws for the composition of the Board. The vote in any contested election is by written ballot, and each member city present has one vote.

The Board of Directors and mem-bership have adopted an open and ac-cessible nominating procedure. Munici-pal officials are encouraged to commu-nicate suggestions to the Nominating Committee directly or through League headquarters. The Committee Members solicit input at the Annual Conference (where they are easily identified by

mml nominating proCedures

ribbons) and at the open meeting of the Committee. Your MML nominating process is open and easy, but it is up to you to use it.


I n June 2009, Randolph County that has Moberly as its largest city, experienced a spike in unemployment to 12.2

percent.2 Throughout 2010, the year Mamtek came calling to several cities in the plains states, Randolph County’s unemployment averaged 9.74 percent, higher than the statewide average 9.36 percent for the same period.3 It probably sounded like a dream come true when Mamtek representatives estimated they might add nearly 250 employees within its first 18 months of operations. Unfortunately, that dream transformed into a nightmare. Indeed, “there but for the grace of God” goes many of us.

Without doubt, the difficult em-ployment situation in Randolph County cannot completely justify the events that followed, but the very difficult les-son learned by Moberly in this situation serves as a poignant reminder to all of us not to get in too big a hurry when selecting our private sector partners in economic development matters. To that end, through this article we hope to provide some guideposts to follow as you navigate the sometimes treacherous path of economic development incen-tive approvals.

Economic development occurs within the context of the broader economy. Therefore, it is important to recognize that development lend-ing practices changed drastically in 2008 after the real estate bubble burst. Federal banking regulations have tightened and commercial banks are far more risk averse, constraining pre-viously available access to credit for developers. Underwriting standards have also increased, with loan to value ratio parameters dropping to as low as

60/40 from the 80/20 ratios that were commonly seen prior to the recession. Banks are virtually unwilling to take on construction risk and have increased their scrutiny of leases and tenants before extending credit. Developers are also finding that significant lever-age has shifted to tenants as a result of an oversupply of space and reduced demand for new projects. With all this increased pressure from these sophis-ticated partners, where are developers turning for help? To cities, of course! Developers are increasingly looking for the public sector to take on a larger role in their projects through:• substitution of public subsidies

for owner equity;• provision of credit through spe-

cial assessments; and • assumption of risk through pub-

l icly issued debt obligations backed by general obligation guarantees or annual appropria-tion pledges.Sophisticated developers will

bring a team of experts to pursue their requests. The city will need its own team. If needed to augment the expertise of city staff, consideration should be given to engaging a financial advisor and special legal counsel of the city’s choosing to represent the city’s interests. To offset the costs of these advisors, cities should adopt and fol-low a policy that requires developers to enter into a funding agreement to cover the city’s costs of reviewing the incentives application. Funding agree-ments commonly have an initial deposit amount and an “evergreen” clause that requires the developer to replenish the fund as the city draws down on the de-posit. While financial advisors and legal

counsel both are required to adhere to strict ethics rules, cities should consider whether the consultants represent both developers and cities on a regular basis – there are firms for both professions that represent only public entities and may give additional peace of mind as to where their consultants’ long-term alle-giances will lie. Cities should also seek a financial advisor that has a fiduciary duty to the city by virtue of Municipal Securities Regulatory Board regulation.

At one time or another, we’ve all probably encountered the phrase “the best defense is a good offense,” and that adage applies equally to a municipal-ity’s offering of economic development incentives. If you desire to increase economic activity in your jurisdiction, it is critical that you plan for it. One approach to doing so involves asking “six important questions” about each request for public assistance for devel-opment projects. A discussion of those questions follows. As you read through these questions, please keep in mind that (1) not every step is required in every case – this process can and should be tailored to situational needs and the characteristics of your community; and (2) the process for reviewing an eco-nomic development incentive request is a reiterative one, where information gathered in one step sets the stage for questions to ask in the next step, but also may require further investigations into any inconsistencies or gaps iden-tified with the information you have just received. Ultimately, your goal is to reach a level of comfort (both at the city staff and elected officials level) that is sufficient to continue with the developer’s proposal.

DUE DILIGENCE AND RISK MANAGEMENT MEASURES FOR ECONOMIC DEVELOPMENT

INCENTIVE APPROVALSby Joe Lauber and Tom Kaleko

“there but for the grace of God go I…”.1 much ink has been spilled in the media and the statehouse over the past year regarding the unfortunate situation in which our colleagues at the City of Moberly find themselves, as a result of the failed Mamtek project, “Project Sugar.” But before anyone heaves the next stone in this matter, take a moment to consider what you might have done had you been in the exact same circumstance.


is tHis sometHing our Community really needs?

Have a plan in place before a de-veloper comes to you with his or her vision for your community – that way you can compare the developer’s vision with your own. Is your emphasis on revitalizing the older core of the com-munity or on expansion? What kind of business do you need to strengthen the local economy and diversify the city’s revenues? If you don’t know the answers to these questions, now would be an excellent time to prepare an economic development plan so that you can target economic development incentives to encourage growth of the type you desire and in the place you want it. This plan can be stand-alone or part of the city’s comprehensive or strategic plan.

Important tools to implement the plan are an economic development policy and practice. The policy should communicate what your community is willing (and not willing) to do to achieve its plan goals. For example, you may be unwilling to assist with prop-erty acquisition through the exercise of eminent domain, or you may not be

willing to issue debt that is backed by an annual appropriation pledge of the city’s general fund revenues. An eco-nomic development policy also should link the plan with an economic develop-ment practice. This practice establishes the process by which you will consider economic development proposals.

WHo are tHese guys?Every request for public incen-

tives related to a private development project creates a partnership between the parties. Hopefully, you wouldn’t go into a private venture using your personal nest egg without knowing your business partners; we owe our constituents the same protections as we enter into public-private partnerships using public funds. During this process you should evaluate the experience of the developer’s team in carrying out the type of project proposed. Just be-cause the developer’s firm has a great reputation, it doesn’t mean that the individuals working on your project are the “first string” players. Additionally, you should investigate the developer’s financial resources, including those of the company, the ownership, and any

affiliate companies (who are often trans-ferred the development rights). Finally, the city should seek disclosures from the developer regarding any conflicts of interest or priority for other projects al-ready in the works, as well as, defaults, law suits, judgments, bankruptcies or criminal convictions. Developers are sometimes squeamish about provid-ing this private information to the city where it would likely be subject to release under the Sunshine Law. Your financial advisor, however, can conduct this review pursuant to a nondisclosure agreement and provide the city with a summary finding. The best developer reviews are conducted through a com-bination of methods including written requests for information, reference checks, independent research, devel-oper interviews and site visits.

is tHis projeCt feasiBle?Project feasibility is a critical is-

sue for any development project, but is especially important when the city will be financially at risk. In fact, the statutory enabling authority for some economic incentives requires project feasibility analysis as a requirement for


approval.4 A market feasibility study is an excellent method for estimating proj-ect feasibility. A quality market feasibil-ity study should contain the following basic elements: (1) a description of the site and neighborhood; (2) an overview of the market area; (3) a supply and demand analysis for the type of devel-opment proposed; (4) a project descrip-tion and recommendations for project components; (5) market penetration analysis; and (6) a projection of income and expense for the proposed project. Market feasibility forecasts prepared by the developer may be appropriate when the developer will bear all of the financial risk. However, for projects in which the city will share the risk, the city should insist on an independent feasibility study conducted by a con-sultant of the city’s choosing. The city can then use this independent report to carefully estimate the capability of the project to provide the public funding sources required.

Other considerations at the project feasibility stage include a plan for site control. Does the developer already control the site because of ownership or options for ownership of the site? If not, is the developer’s plan for obtaining site control realistic? Will the developer re-

quest assistance with acquisition in the form of eminent domain? Is your com-munity willing to assist if requested?

Finally, it is important to research for yourself whether appropriate au-thority exists for the public participa-tion requested. Don’t assume that the developer’s team are experts in public incentives and public financing – often the developer’s counsel or other con-sultants are familiar with laws related to private real estate financing, but aren’t as familiar with the multitude of requirements and limitations that ap-ply when financing is provided using public funds.

Will our Community Benefit from tHis projeCt?

Another critical piece of the puz-zle relates to the identification and mea-surement of project benefits and costs. The goal of the project is to strengthen the local economy and increase gov-ernmental revenues. So, will it? The approach to measuring benefits and costs varies depending upon certainty of payback, size of the project, and the financial exposure faced by the public entity. For projects with little risk, a straightforward benefits analysis may

be sufficient. In this approach, the direct governmental receipts (taxes and fees) are forecasted. A more so-phisticated analysis may be merited for more complex projects and projects with significant risk. The city will want to examine both the benefits and the costs associated with the project. Direct benefits and costs will certainly need to be examined. An assessment of “multi-pliers,” the spin-off benefits and costs, also may be appropriate.

is a suBsidy even needed for tHis projeCt?

The fifth important question to ask is another one that is statutorily required in some circumstances; can the project generate a reasonable profit without the requested public subsidy, within the current marketplace and time? Put another way, would the de-veloper be expected to undertake the project “but-for” the requested incen-tives? The “but-for” analysis should include a projection of the developer’s internal rate of return (IRR) both with and without the requested subsidy. The internal rate of return is the real estate industry’s most common benchmark for measuring profitability.


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The first step in an internal rate of return analysis is an examination into the reasonableness of developer’s as-sumed development costs and income. Is the developer putting too much “pad-ding” into his or her costs compared to similar projects in the marketplace? While some conservatism in estimating development costs and income can be helpful (may serve to reduce the risk that the project will fail), too much “padding” could result in the developer enjoying an excessive rate of return while unnecessarily using public funds.

Project cash flow is then fore-casted using the cost and income as-sumptions. A hypothetical sale is as-sumed, usually after 10 years of project operation. While the project may not be sold at this point in time, this assump-tion is critical to placing a value on the project. A capitalization rate is applied to the estimated project cash flows to calculate the internal rate of return. The forecasted internal rate of return can then be compared to like projects in the market at the time to determine whether a public subsidy is required and, if so, whether the requested subsidy amount is appropriate.

Will tHe developer do WHat it says it Will?

The final question you should ask regarding incentives approvals is whether you will get the results the developer is promising. Development deals are inherently risky, but there are precautions you can put into place in the development agreement that will help to manage that risk through the implementation of the incentives pro-gram. As you go through the incentives approval process, remain mindful of the ultimate goal and be aware of the ebb and flow of the city’s negotiation lever-age. You should ask yourself at what

point the city’s negotiation leverage is the highest—is it just before or just after the incentives program is approved?

Obviously, the forgoing was a rhetorical question— the city’s leverage is always higher before the governing body has committed to the project through an ordinance approving the incentives. Considering this, the city should attempt to get as many of the most critical terms related to the deal established in a preliminary “terms sheet” that is used in the approval pro-cess. If the developer is requesting an-nual appropriation backed bonds, this is the perfect time to specify that such bonds would only be issued subject to certain criteria, including signed sales contracts or leases for the development that include a covenant to open by a date certain and are based on revenue

projections provided by a third-party revenue consultant. For manufacturing facilities, you might require pre-sold contracts for goods. Additionally, you might consider requiring supplemental debt service reserve funds, insurance coverage for the project in amount to cover replacement costs and require the insured to use any proceeds towards restoring the project to its original condition. For projects promising job creation you can include “clawbacks” that require the developer to pay back certain incentives if the promised re-sults aren’t achieved.

You also might consider includ-ing a public participation provision, which is a term that acknowledges the fact that the project is the result of a public-private partnership that would not have occurred but for the inability

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Missouri Municipal Review 2 1 5/11/11 12:24:59 PM


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of the project to produce enough return to make it feasible for the developer to undertake the development without incentives. In the event an “excessive” rate of return is actually incurred by the developer, a public participation provision would require the developer to share the excess with the city in an amount proportional to the public in-vestment in the project. Keep in mind, however, that any risk management technique used that requires a payment from the developer could be viewed as a “private payment,” and therefore affect any tax exempt debt that was is-sued in conjunction with the project. It is always a good idea to include express authority in the agreement to waive any terms that might have such affect, and to consult your bond counsel prior to final negotiation and approval of the development agreement to ensure that the protections you put in place don’t have unintended consequences at later stages of the financing.

2012 legislative aCtivity

As was mentioned in the intro-duction to this article, fallout from the Mamtek project caused a stir in the statehouse over the winter. Both the Senate and the House convened special committees on government oversight to look into possible legislative solu-tions to the issues raised by Mamtek. The committees held hearings and took testimony in January 2012, and both the House and Senate committees released their reports in mid-February.5

Nearly a dozen bills were introduced into the General Assembly this session to implement the findings and conclu-sions of these committees.6 These bills sought various changes that included a requirement for a public hearing before a city could issue annual appropriation backed debt, and several new require-ments for the Missouri Department of Economic Development’s interaction with local governments, including third party verification of financial informa-tion, background checks on principals of start-up companies, information

sharing about companies seeking sub-sidies in state-local incentive deals, and the creation of a 5-star rating system for state-local projects. Most of the provi-sions ultimately wound up in HB 1865 that passed the House in late April, but became tangled in tax credit reforms in the Senate where it died as the session ended on May 18.

ConClusion

In one of the early news stories emerging from the Mamtek matter, an economic development official from North Dakota, who also was approached by Mamtek, was quoted as saying “the business of economic development is full of carpetbaggers and scallywags … you just have to be cautious.”7 That seems like a pretty grim characterization of those involved in economic development; however, as in all industries, you will occasionally encounter individuals with compro-mised scruples. If you have a plan that identifies the things you need and don’t need; establishes what you are and are not willing to do to get those things; and a procedure for vetting each request you’ll be prepared to face developers of all kinds. By developing and executing programs such as the one described here, municipalities can retain local control of how best to utilize economic development incentives in their respec-tive communities and demonstrate that statewide legislation is not an absolute requirement for prudent administration of public incentives.

Endnotes:1. This quote is commonly at -

tributed to the martyr John Bradford of the 16th century. See e.g., http://www.phrases.org.uk/meanings/there-but-for-the-grace-of-god.html (last visited May 25, 2012).

2. See http://www.labor.mo.gov/des/tool/ui_ben_stats.asp?Submit=Yes (last visited June 4, 2012).

3. Extrapolated from http://www.labor.mo.gov/data/statArchives.asp (last visited June 4, 2012).

4. See, e.g., § 99.810.1(5), RSMo (TIF); § 99.942.3(6), RSMo (MODESA).

5. House committee report: http://house.mo.gov/billtracking/bills121/commit/report498/Mamtek%20Re -port%20Feb.%202012.0150i.arc.pdf (last visited May 29, 2012); Senate com-mittee report : ht tp://www.senate .mo.gov/12info/comm/reports/GAFO_Mamtek.pdf (last visited May 29, 2012).

6. See e.g. http://www.columbia-tribune.com/news/2012/feb/21/bills-follow-mamtek-review/ (last visited May 29, 2012);

7. Rudi Keller, Moberly Officials Mostly Mum on Mamtek, Columbia Daily Tribune, September 20, 2011(available at http://www.columbiatribune.com/news/2011/sep/20/moberly-officials-mostly-mum-on-mamtek/ (last visited June 4, 2012)).

Joe Lauber has dedicated his entire careerto the practice of municipal law on behalf ofpublic entities. In 2010, Joe established Lau-ber Municipal Law, LLC, after years of prac-tice representing public entities at larger firmsin the Kansas City area. Joe has experiencerepresenting municipalities statewide regard-ing a wide variety of economic developmenttoolsand isa regularspeaker,authorandcon-tributor for MML. He can be reached at 816-525-7881 or [email protected] L. Kaleko, senior vice president, directsSpringsted’s public sector advisory services inKansas,MissouriandIowa.Mr.Kalekohas20yearsoflocalgovernmentexperience,includingsix years as the city administrator in Gardner,Kansasand12yearsserving in thecapacityofassistant city administrator in Lenexa, KansasandBlueSprings,[email protected].


program helps consumers find native plant suppliers, native landscaping professionals, landscaping design ideas, and comprehensive native plant horticultural information. Through its website, www.grownative.org, annual workshops and other outreach, the Grow Native! program has dramatically increased the supply and demand for Missouri native plants.

Grow Native! began 10 years ago by the Missouri Departments of Conservation and Agriculture; has a new home with the Missouri Prairie Foundation as of July 1, 2012. This 46-year-old, nonprofit prairie conservation organization protects prairie and other native grassland communities through land acquisition, management, education and research, and promotes the use of native plants.

For more information about Grow Native!, visit www.grownative.org, call 888-843-6739, or send a message to [email protected].

Carol Davit is the executive director of theMissouriPrairieFoundation.

Missouri is home to more than 2,000 native plant species – found in forests, prairies,

wetlands, glades and increasingly, in cities. Municipalities across the state are bringing elements of the natural world into city landscaping for a variety of reasons. Drawing upon the native plant diversity of Missouri, cities are beautifying public areas, providing habitat for wildlife and pollinators, and also saving on mowing and stormwater control costs.

For example, mowing just one acre of lawn can easily cost city governments $1,400 to $2,900 a year. For expansive lawns not used for recreation, converting an acre of turf to a planting of Missouri prairie grasses and wildflowers might have a slightly higher one-time start-up cost, but can quickly save funds year-to-year, as well as add visual interest to a site, provide food and shelter for butterflies, birds and other wildlife, and increase stormwater absorption.

While turf grasses have roots of only a few inches deep, many prairie plants have roots reaching 15 feet deep. The dense, deep roots not only absorb and hold enormous amounts of stormwater, but also trap nitrogen and other nutrients that can pollute city-owned and managed ponds and lakes. Prairie plantings upslope from a golf

course pond, for example, help trap sediments, lawn c h e m i c a l s a n d other pollutants t h a t o t h e r w i s e w o u l d r u n o f f i n t o t h e p o n d a n d s t i m u l a t e algal growth or c o n t a m i n a t e water.

M a n y wetland plants, a s w e l l , a r e stormwater control p o w e r h o u s e s . Bulrushes, prairie cord grass and other grasses, sedges and wildflowers store and slowly release stormwater into the ground, removing nitrogen from runoff in the process.

M a n y l o c a l g o v e r n m e n t s , businesses, homeowners and other landowners are incorporating rain gardens – designed to trap and slowly release stormwater into the soil – into their landscaping plans. With native plants like river oats, asters, copper iris and cardinal flower, rain gardens are beautiful as well as functional. Establishing native plantings in parking

lot depressions is another way to naturally control p a r k i n g l o t runoff. Gardens on roof tops and other impervious s u r f a c e s a l s o can use natives t o a b s o r b stormwater.

C i t y g o v e r n m e n t s can find all the resources they need to incorporate n a t i v e s i n t o landscaping with the Grow Native!

program. This native p l a n t a w a r e n e s s

MISSOURI CITIES CAN GROW NATIVE!Beautify, improve environmental quality and reduCe Costs WitH missouri native plants.

by Carol Davit

The Missouri native plants in this rain garden at Visitation Church in Kansas City absorb and filter stormwater runoff, add visual interest to the site, and provide habitat for butterflies and other wildlife. Photo credit: Vireo

Prairie cord grass, native to wet prairies, can be used in parking lot depressions to slow stormwater and trap pollutants in runoff, helping to keep waterways clean. Credit: Carol Davit


T he city of Kansas City h a s a p o p u l a t i o n o f approximately 450,000 people, a quarter of the

metropolitan area population. The City maintains approximately 6,200 miles of roadways, with an annual budget of $60 million. Much of the City’s infrastructure is 50 to 100 years old and is in dire need of rehabilitation. Historically, the City would only reconstruct streets if there was a related capacity or geometric improvement project.

In 2004, the City established D e s i g n - B u i l d a s a n a l t e r n a t i v e construction delivery method in the City Charter. Between 2004 and 2010, this process was used primarily for buildings. In June 2010, the Kansas City’s City Council passed a resolution to fund $33 million for street maintenance and waterline repair/replacement. There were 12 arterial roadway segments identified in the resolution, each of which were less than one-mile in length identified in the resolution. There had

not been any design completed for any of the projects. Within a period of four months, Requests for Proposals (RFPs) had to be submitted, contractors selected and Notices to Proceed issued by the end of 2010. There was a realization that the standard method for project delivery could not accomplish the objective. With this time constraint, a new and innovative process was developed to meet the City Council’s requirements for the procurement and implementation of the projects, incorporating design-build project delivery.

program development Over a four-month period, the

Kansas City Public Works Department and Wilson & Company, Inc., Engineers and Architects (Wilson & Company), worked diligently to develop and administer a program that entailed:

• Establishing RFP and contract documents with the purchasing department

• Defining the scope of work to be completed for each project to meet the desires of the public works departments and the water department.

• D e v e l o p i n g t h e t e c h n i c a l requirements for the Design-Builder and their Designer of Record.

• Creating a procurement process based on a best-value project selection including qualifications, experience, technical approach, commitments made and cost evaluations.

Due to the complexities of the projects and the fact that this was a new process, the City desired to release the projects in two separate RFP packages. The initial package for the first set of five arterial roadway reconstruction projects was advertised within two months of the Design-Build program being conceived. The Design-Builders were allowed to propose on any combination of the individual

INNOVATIVE DESIGN-BUILD ROAD MAINTENANCE STRATEGY:

A PROVEN DIRECTION FOR KANSAS CITY

by Greg Rokos, Jeff Martin, Mark Scholfield and Jim Townsend

In June 2010, Kansas City’s City Council passed a resolution to fund $33 million for street maintenance and waterline repair/replacement. The pictures above show conditions before (left) and after (right) one roadway segment was improved.


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projects. A best value selection process

was used incorporating both technical evaluation and bid cost evaluation of the proposals. It was a single step process, without short-listing, and without stipend compensations to the proposers. The technical scoring accounted for 60 percent of the total score and included qualifications and experience, project approach and commitments, maintenance of traffic and project schedule. The bid cost evaluation accounted for 40 percent of the total score and was determined by a set formula based on the bid price relative to the lowest bid price.

Through an expedited process, a mandatory pre-proposal meeting was held to explain the process; proposals were submitted (23 in total), reviewed and scored; selections were made; and recommendations were taken to City Council for an ordinance to formally issue Notices to Proceed so that work authorization letters could be developed and sent.

program refinement

As with any new process or program, refinements should be made to address any issues that arise during the initial roll-out. In response to this need, a Design-Builder forum was conducted to provide a place for the Design-Builder community to voice their concerns and questions about the process. The forum went through the details of the requirements, scoring process and expectations. The Design-Build teams were given direct feedback to their questions. Additionally, the contractors asked the City to provide additional clarif ication regarding how scores were developed, and suggested a different process on how the weighting could be distributed. They also identified items they felt substantially increased their risk, which in turn, increased the bid amounts.

With this information, the city of Kansas City and Wilson & Company worked to refine the process to address comments in the forum and develop a plan to reduce the risk to the Design-Builder while providing the City with an excellent product. Adjustments were made to the technical scoring criteria, and additional information was provided to the Design-Builders for the second set of projects to reduce their risk and increase the value to the City.

results

The refined program resulted in fewer questions for the second set of projects . The Design-Build teams were more aggressive and provided greater value and additional commitments above and beyond the project definitions, including:

• Additional sidewalk work• A new pedestrian signal• Concrete bus pads

• Open drainage improvements• Timing of construction to coincide

with other area activities (school, events, etc…)

This process resul ted in an excellent best-value selection process. The City believes the program was a total success in several areas, including:

• under budget at the same time as defined work in the RFP


management, lighting staff, traffic control/timing, water valve shutoffs, etc. Communication and coordination made this project a success.

next steps

The city of Kansas City anticipates using this process for at least 80 percent of their future roadway reconstruction work. This process was successful as viewed by staff, management, elected officials, Design-Builders and their construction teams, and the community served by the upgraded facilities.

In early February 2012, Mayor Sly James presented a program to obtain $1 billion bonding authority for investment efforts in the Kansas City core to enhance the aging neighborhoods and promote economic development within the City. Through this street maintenance Design-Build program, the City has developed a proven methodology to effectively and efficiently deliver a roadway reconstruction program of any scale, and can support the Mayor’s investment program. This process has changed the way the city of Kansas City, Missouri, conducts business with its contractor and engineering community.

projeCt CHampions

The following project champions made this project a success: Greg Rokos, PE, City Engineer, City of Kansas City; Sherri McIntyre, Assistant City Manager / Public Works Director, City of Kansas City; Jeff Martin, Assistant City Engineer, City of Kansas City; Connie Hendrix, Manager of Contract Administration, City of Kansas City; Jim Townsend, AICP, Program Manager, Wilson & Company; Mark Scholfield, PE, Firm-wide Design-Build Manager, Wilson & Company; and Paul Plotas, PE, PTOE, Project Manager, Wilson & Company.

Greg Rokos, PE, is the city of Kansas City,Mo., city engineer. Mr. Rokos has worked forthe City of Kansas City, Missouri, for the last10 years, serving as the city engineer for thelast 6 years. [email protected] 816-513-9844.Jeff Martin,PE,isthecityofKansasCity,Mo., assistant city engineer. Mr. Martin servesas the City’s technical lead for constructionactivities. [email protected] 816-513-8722. Mark Scholfield, PE, leads Wilson &Company’sDesign-Buildpractice.Mr.Scholfieldprovided oversight of the contract documentsand technical input. [email protected] 303-501-1226. Jim Townsend, AICP,leads Wilson & Company’s Midwest RegionTransportationPlanningandTrafficEngineeringpractice, offering experience from both privateand public sectors. [email protected].

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• Reduction of procurement and management s ta f f resource needs by combining design and construction in one RFP package

• Increased efficiency of taxpayer funds and time spent by City Council in review of contracts.

lessons learned

Developing this Design-Build program required an incredible amount of interdepartmental communication and cooperation. Within the contract documents, both the City and the Design-Bui lder were held to the s c h e d u l e r e q u i r e m e n t s f o r b o t h submittals and reviews. Maintaining the communication and cooperation throughout the process was essential for the program to be successful.

I t w a s c l e a r f r o m t h e f i r s t procurement that it was critical for the process to be kept “simple,” both in terms of the technical requirements and the scoring. In terms of the technical requirements, the definitions for the work to be performed had to be defined in a manner that allowed the contractor to propose a more efficient or effective method to exceed the requirements.

This was much more apparent in the second round of RFPs that resulted in a much more competitive best-value selection.

It was evident that there is a level of baseline investigation and information that should be provided by the owner to reduce the Design-Builder risks and contingency pricing w h i l e n o t p r o v i d i n g a s t i p e n d . Providing the Design-Builders with critical information such as right-of-way drawings, aerial photography, pavement core samples and waterline maps s ignif icantly decreased the amount of risk to the contractor, and provided the Design Builder enough information to develop alternatives. This information was critical to allow the Design-Builder teams to propose alternative approaches that resulted in:• C o s t s a v i n g s a n d b e t t e r

maintenance of traffic • Coordinated replacements of

waterline, storm sewer/sanitary sewer, roadway and sidewalk

• Upgrades for traffic management such as ADA ramps and buttons, traffic detection equipment and transit accessibilityF i n a l l y , h a v i n g a s o l i d

understanding of staffing requirements was critical for the program’s success. As identified earlier, staff from several departments had to be integrated into the process for contractor plan submittal approvals. This included m a t e r i a l s t e s t i n g , c o n s t r u c t i o n


V ehicle crashes account for the highest number of work-related fatalities. T h e 2 0 1 1 M i s s o u r i

Division of Workers Compensation annual report states that 32 percent of employee fatalities were the result of vehicle crashes. In 2010, work-related vehicle accidents were responsible for 42 percent of workplace fatalities in Missouri (Bureau of Labor Statistics). The bottom line is that if your employees are not wearing seatbelts, they are significantly increasing their chances of being injured or dying on the job.

Keys to a suCCessful seat Belt poliCy

You can’t enforce a policy you don’t have, so the best way to start protecting your employees is by implementing a seat belt policy. If you need help writing a policy, simply visit www.worksafecenter.com and download a sample. A seat belt is the most important safety device a city employee can use. They’re virtually free. They’re provided by the manufacturer of all modern vehicles and their use is required by law.

Buy in from the top down: The city council, mayor and city manager must all agree that seat belts are the law and that they must be worn whenever employees are driving for city business. City department heads must enforce these rules within the department.

Get it in writing: Have employees and volunteers sign the seat belt policy each year. This practice makes you accountable for providing the training and your employees accountable for their actions. Take disciplinary action for violating the policy when appropriate. Did you know that under Missouri Workers' Compensation Law a safety penalty can be taken when an employee is injured after failing to follow safety rules?

SEAT BELT POLICIES ARE A KEY TO RISK MANAGEMENT

by Mark Woodward

Provide quality training: Hold regular fleet safety meetings and trainings. Keep training records on file for employees that drive or operate city vehicles. Audit their driving with a road test or perform a road observation. Consider adding a distracted driving policy. Cell phones are a major distraction and are now the leading cause of vehicle crashes.

enforCement WitH no exCeptions

The next step is enforcement and it must applicable to all employees. No exceptions. Common barriers mu-nicipalities face with regard to seat belt policy enforcement can include:

Police Departments: If you are facing resistance it is important to remember that it is the law in Missouri and it is definitely not safe to be involved in a pursuit at high speed unbelted. Provide officers with quality training so they can drive, access their weapon and participate in evasive maneuvers safely while wearing a seat belt. If your police department is serious about safety, many resources can be found at www.below100.com.

Fire Departments: According to the Missouri State Highway Patrol, 37 percent of fire apparatus crashes occur during an emergency response. In 57 percent of crashes, fire apparatuses struck another vehicle. Emergency responses are not the time to ignore seat belt use. Firefighters must wear seat belts during any responses and don their protective gear before getting on the truck or after the truck has arrived. Thousands of dollars in firefighting gear is purchased each year, but a simple safety rule like seat belt use might not be enforced. From an insurance perspective, the safety efforts of a fire department with the best safety gear, but no seat belt use, could be labeled ineffective. Firefighter seat belt safety information can also be found at www.firefighterclosecalls.com.

Construction Do your :employees operate construction equipment with roll-over protective structures, drive equipment on public roads? If so, they must be buckled in—require seat belt use on construction machinery.

Refer to www.worksafecenter.com for more seat belt policy and fleet safety resources. No matter how great your safety program is, if there’s no seat belt policy in place and en-forced, your safety program may be viewed as ineffective and you are putting your employees at risk.

Mark Woodward is a senior loss preventiontrainer with Missouri Employers Mutual Insur-ance.HehasaMaster's inEducationfromWil-liam Woods University and a Bachelor of Sci-enceinSafetyManagementfromtheUniversityofCentralMissouri inWarrensburg.Hehas in-structedthousandsofMissouriworkersandpro-vided education resources to more than 3,000safety-relatedclasses.


O b e s i t y r a t e s i n Missouri a n d

around the nation have risen dramatically over the past 30 years. With one out of every three Missourians being obese, this has become a health a n d e c o n o m i c c r i s i s . According to the Centers for Disease Control and Prevention, medical care costs related to obesity i n 2 0 0 8 t o t a l e d $ 1 4 7 billion. Yet there is no simple answer. Research has shown that there are mult iple , complicated causes for this rise in obesity rates including limited access to healthy, affordable foods and exposure to environments that discourage physical activity.

One group stepping in to attempt to address this growing problem is the Missouri Council for Activity and Nutrition (MOCAN). MOCAN, a coalition comprised of representatives from statewide and local organizations and agencies, implements evidence-based strategies aimed at reducing the incidence of obesity and other chronic diseases among Missourians. The most recent of these strategies is the Eat Smart in Parks program, funded by a grant from the Missouri Foundation for Health.

P a r k s a r e a k e y p a r t n e r i n supporting healthy living as a site of facilities and programs that promote physical activity. Yet, ironically, many

parks often undermine their own health promotion efforts by not addressing another critical health behavior – healthy eating. A spring 2012 survey of Missouri Park and Recreat ion Association (MPRA) members revealed that most of the 90 respondents do not currently have any guidelines, policies or rules about the nutritional quality or types of foods sold within their parks.

This one-year project includes the several key components, including:• Development and distribution

of Eat Smart in Parks Nutrition Guidelines that can be used by parks to evaluate and improve their menus.

• Training for state and local park staff on identifying, purchasing and preparing foods that meet

MAKING HEALTHIER CHOICES: EAT SMART IN PARKS

by Cindy Deblauw

the Eat Smart in Parks Nutrition Guidelines.• Development of Eat Smart

in Parks marketing materials that will assist parks in the promotion of healthier menu options.

• Pilot testing of the Eat Smart in Parks Nutrition Guidelines in select state and municipal parks.

T h r o u g h t h i s p r o j e c t , MOCAN seeks to improve t h e n u t r i t i o n a l q u a l i t y o f Missourian’s diets by increasing the availability of healthy foods. By making these foods more accessible, MOCAN hopes that the healthy choice also will become the easy choice.

For more in format ion about the Eat Smart in Parks project, please contact Lorin Fahrmeier, Eat Smart in Parks project coordinator, at [email protected].

Cindy Deblauw isaregistereddietitianwiththeUniversity of Missouri Extension in Columbia.She promotes healthy eating, physical activitythrough education and policy and environmentchanges.

Learn more about committing to the long-term health of your citizens, your community and the economic benefits of healthier Missourians at the “Eat Smart in Parks” presenta-tion at MML's Annual Conference on Mon., Sept. 17 at 10:45 a.m.


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tickets Fees quantity amount dueGolf Tournament (Per Person) $95

50/50 Raffl e Tickets $5 or Five for $20Mulligans (Limit two per person) $5Skins Game (Per Team) $20

Total Due

2012 MML Scholarship Golf Outing“The Oaks” Golf Course Tan-Tar-A

Sunday, Sept. 16, Shotgun start at 1 p.m.

Join MML for this four-person scramble!

Open to all MML officials, consultants, retirees and friends.

Register now to reserve your spot! Prepayment required.


exHiBit Hall

Don't miss the Exhibit Hall, with more than 120 fi rms featuring the latest products and services tailored to municipal needs. Several special events will be held in the Exhibit Hall, including the Grand Opening Re-ception on Sunday evening and a coffee break, box lunch and snack party on Monday. Plan to visit often during the Conference to show your appreciation to vendors!

pre-ConferenCe WorKsHop: Practical Applications and Legal Considerations for Social Media in a Municipal Setting. Learn from a municipal director of public information who will give practical examples of how to implement a social media communication plan, as well as an attorney who will review the legal ramifi cations of these tools.

2012 sCHolarsHip golf outing: Join us for the MML Scholarship Golf Outing on Sunday, Sept. 16. The four-person scramble will be held at "The Oaks" Golf Course at Tan-Tar-A. Shotgun start at 1 p.m. Contact Tony Russo at 314-435-3779 or [email protected]. MML appreciates Tony’s time in volunteering to coordinate this event!

neW for 2012! post ConferenCe WorKsHop: Making Your Utility Oversight Effective: Introductory Session for Certifi cate in Public Policy Development. This program focuses on best management practices for city offi cials who oversee their commu-nity's utility operation. The lead instructor has more than 27 years in utility management and brings a wealth of real-world experience to the sessions. Hosted by the Missouri Public Utilities Alliance.

2012 Missouri Municipal LeagueAnnual Conference

Osage Beach, Tan-Tar-A ResortSeptember 16-19

For the Love of Cities Peter Kagayama

Author and Change Agent

Peter Kagayama has written a book about

the emotional connections people have with some places versus others and the benefi ts that accrue to communities that are able to tap into that emotional wellspring. He notes that if cities begin thinking of themselves as engaged in a relationship with their citizens, and if we as citizens begin to consider our emotional connections with our places, we open up new possibilities in community, social and economic development by including the most powerful of motivators–the human heart–in our toolkit of city-making.

The Future of Local Government

Ron Holifi eld, CEO Strategic Government

Resources

Leadership is not as much fun as it used to be. A variety of political, social and technological trends are dramatically changing what it takes to be an effective leader in today's world. This session will address those trends and provide practical strategies to thrive as a leader in this new world of volatility, uncertainty, confl ict and ambiguity. The speaker is a former city manager and lobbyist who later founded Strategic Gov-ernment Resources to specialize in facilitating collaboration among local governments, with a particular emphasis in employee training and development of next generation leaders.

KeYnoTe SpeaKerS:


2012MMLAnnualConferenceTentativeAgenda 4)HowToEliminateWasteInAdministrativeProcesses: AttendeeswillgainabasicunderstandingofLeanProcessImprovements andhowtoapplytheconceptslearned.2:30 p.m. CONCURRENT SESSIONS1)PlanningAndZoningBasics:Presenterswillreviewthenutsandboltsofplanningandzoning.2)UtilizingGIS AtTheLowestCostForTheMaximumReturn: Learnwhatlowcost, cuttingedgeGeographicInformationSystems(GIS)softwareandprogramscandotobringefficiencytomunicipalgovernmentandpublicworks.3)TheNewHealthcareReformLawAndCities: Attorneyswillreviewtheimpactofthefederalhealthcarereform.4)EconomicDevelopmentAndDueDiligencePartII3:30 p.m. SNACK PARTY – Exhibit Hall5:30 p.m. EVENING ON YOUR OWN

TUESDAY, SEPTEMBER 18, 2012

7:30 a.m. REGISTRATION8:45 a.m. GENERAL SESSION

• “FortheLoveofCities”PeterKageyama• BUSINESS MEETING/ADOPTION OF 2012-2013

MISSOURI MUNICIPAL POLICY/ ELECTION OF OFFICERS

11:00 a.m. CONCURRENT SESSIONS1)ForTheLoveOfCities:HowToEngageYourCitizenCommunityMakers: Asafollowuptohiskeynotepresentation,authorPeterKageyamawilldelvedeeperintotheprocessofturningemotionallyengagedcitizensintocommunitydevelopmentresources.2)Ratesv.Reality– Missouri’sWastewaterAffordabilityChallenges(MPUA):SessionwillfocusonimportantfactorswhenaddressingtheaffordabilityoftheNPDESwastewaterrequirements.12:00 p.m. GENERAL LUNCHEONAddress:“TheNationalPerspective”DonBorut2:00 p.m. CONCURRENT SESSIONS1)EmergencyResponseOperations(CCFOA): Panelistwhohavebeenthroughtornadoeswilldiscusswhattheylearnedafterthefact.2)PavementMaintenance:KeepingTheWaterOut: Discussthecostsassociatedwithnotdoingmaintenance,typesofcracksandcauses,EPAregulations,greenproductslifecycleanalysistools,andmore.3)MissouriAnnexationLawOverviewAndUpdate: OverviewofMissouriAnnexationLawincludingupdatesfromrecentcourtcases.2:00 - 4:00 p.m. MOBILE WORKSHOP “Highway54ExpresswayTour– CuttingThroughTheWavesOfAnxiety”: Takeaguidedtourinaluxurymotorcoachalong newHwy54Expresswayandlearnhowprojectmanagers overcameengineeringandcommunityobstaclestobuildtheexpressway.3:30 p.m. CONCURRENT SESSIONS1)MissouriGuideToGreenInfrastructure:IntegratingWaterQualityIntoMunicipalStormwaterManagement: Presentationwillreviewahow-toguideformunicipalitiesinintegratinggreeninfrastructureintolocalprojects.2)HowMuchDoesItCostToLiveInMyTown: Presenterswilllay outacomparisontool,and sharethechallengesof gatheringinformationandbuildingamodelthatgeneratesaccuratecostcomparisons.3)FraudPreventionInLocalGovernment (GFOA): Discussionoffraudpreventioninlocalgovernmentandtheresultsofa fraudpreventionsurveyconductedinconjunctionwiththeMML.6:00 p.m. HOSPITALITY HOUR7:00 p.m. ANNUAL BANQUET: Entertainment: Courthouse Steps

WEDNESDAY, SEPTEMBER 19, 2012

7:30 a.m. REGISTRATION7:30 a.m. BREAKFAST BUFFETAddress- “TheFutureofLocalGovernment”RonHolifieldCONFERENCE ADJOURNMENT10:00 a.m. POST CONFERENCE WORKSHOP (MPUA) “MakingYourUtilityOversightEffective– IntroductorySessionforCertificateinPublicPolicyDevelopment”(Must pre-register cost is $45.00; includes lunch.)

SUNDAY, SEPTEMBER 16, 2012

9:00 a.m. – 4:00 p.m. CCFOA ADVANCED ACADEMY “TIME MANAGEMENT: DISCOVERING THE TRUTH AND DEBUNKING THE REST!” SpeakerMarkGideonwillpresentaworkshopbrokenupintofive,50minutesegments:BigIssues,MythsandMayhem,WorkLife,HomeLifeandBigIdeas.(TheAcademyisopentoallconferenceattendees;registrationisthroughtheManagementDevelopmentInstituteatMSU.For registration or questions contact Belinda Davis at 417-836-6866 or [email protected].) Registrationfeeis$125CCFOAmembersand$155non-members.11:00 a.m. FIRST ANNUAL MML SCHOLARSHIP GOLF OUTING – The Oaks (Mustbeprepaid,separateregistration.)11:00 a.m. CONFERENCE REGISTRATION1:00 – 4:00 p.m.MML PRE-CONFERENCE WORKSHOP –“PRACTICAL APPLICATIONS AND LEGAL CONSIDERATIONS FOR SOCIAL MEDIA IN A MUNICIPAL SETTING” Socialmediaprovidesmunicipalitiesagoldenopportunitytocommunicatewiththepubliclikeneverbefore;italsocanbealegallandmine.Learnhowtoimplementasocialmediacommunicationplan,aswellasthelegalramificationsofthisbravenewworldfromSunshineLawrequests,employees’Facebookpages,toroguewebsitesthatlambastcityofficials.(Must pre-register; $45 registration fee)5:00 p.m. NOMINATING COMMITTEE6:00 p.m. OPENING RECEPTION

MONDAY, SEPTEMBER 17, 2012

9:00 a.m. CONCURRENT SESSIONS1)MunicipalGovernment101:CouncilProcedures:Speakerswilldiscussformsofgovernment,powersanddutiesofmunicipalofficials,councilprocedures,andconflictsofinterest.2)TheGood,TheBadAndTheUgly:LearningToCommunicateInAHighTechnologyWorld(CCFOA):Strategiesforbreakingthroughthehigh-techworldofvoicemail,textmessagesandtweets.3)TheEastLocustCreekReservoir:AUniquePublicPrivateCollaborationToMeetCriticalWaterNeeds:CivicleadersformedtheNorthCentralMissouriRegionalWaterCommissiontopursuefundingandconstructionofamassivereservoir.This$63millionprojectcanserveasamodelforother communitiesandregions.4)LessonsInDisasterPreparation&Recovery(MCMA): It’snotamatterofif,butwhenadisasterwillstrike.Thissessionisdesignedtoprovidepracticaladviceandillustratelessonslearnedrelatedtodisasterpreparationandrecovery.10:45 a.m. CONCURRENT SESSIONS 1)MunicipalGovernment101:LegalIssues:Speakerswilldiscusslegalissuesfacinglocalgovernmentofficials,includingliabilityandrisk,andtheprotectionsaffordedmunicipalofficialsintheperformanceoftheirwork.2)HealthyConcessions(MissouriParkandRecreationAssociation)Panelwillexaminehowtoeffectivelypurchase,prepareandmarkethealthierconcessionaire(hopefully,locally-produced)offerings.3)Affordable,CustomizedGovernmentTo GovernmentTechnologyServices:WhatMoreNetcandoforyourcity.4)MissouriCollectiveBargainingAfterTheLedbetterCase- GoodFaithDecision:Theprogramwillprovideanexplanationoftheimpactonmunicipalgovernments'negotiationsaftertheMOSupremeCourt'sdecisionrelatingtothestandardof"goodfaith."12:00 p.m. BOX LUNCHEON – Exhibit Hall1:15 p.m. CONCURRENT SESSIONS1)EconomicDevelopmentAndDueDiligencePartI:Aseriesofhumorousskitsservesasthelaunchingpointforthistwo-partsessionaddressingeconomicdevelopmenttoolsandduediligence. (PartIIat2:30p.m.,onMonday.)2)SunshineLaw:AnofficialfromtheMissouriAttorneyGeneral’sofficewillreviewwhatmunicipalofficialsneedtoknowabouttheSunshineLaw.3)MunicipalFloodplainManagementAndTheNationalFloodInsuranceProgram:Exploretherelationshipbetweenthelocalfloodplainordinance,stateagenciesandtheNationalFloodInsuranceProgram.


78th MML Annual Conference September 16-19, 2012Tan-Tar-A Resort Osage Beach, MOREGISTRATION: Pleaseuseaseparateformforeachdelegate.Showthenumberofticketsrequestedforeacheventinthe“NUMBEROFTICKETS”columnontheformbelow.

FEES: RegistrationFeedoes not coveranymealsorevents.Youwillneedtopurchaseseparateticketsforthese.Mealsandeventsarelistedbelow.AllchecksshouldbemadepayabletotheMissouriMunicipalLeague.Spouse/partnerregistrationiscomplimentary,exceptformealticketsandevents.Thisfeedoes not coverhotelregistration.HotelregistrationneedstobemadewithTan-Tar-Aat800-826-8272.

NAME BADGES: PleaseenteryourNAME,TITLEandMUNICIPALITYasyouwantthemtoappearonyourConferencenamebadge.. Ifyouhavespecialneeds,please attachaseparatesheetdescribingyourrequirements.

NAME TITLE

TELEPHONE NUMBER SPOUSE/PARTNER NAME (If accompanying delegate)

CITY/FIRMADDRESS CITY STATE ZIP

MEALS/EVENTS FEESNUMBER OF

TICKETS MML USE ONLY

Registration Fee (Does not include meals/events listed below.) $275 •SUNDAY, SEPTEMBER 162012MMLFirstAnnualScholarshipGolfOuting– TheOaks(Prepaid) $95Pre-ConferenceWorkshop (PracticalApplications&LegalConsiderationsforSocialMediainMunicipalGovernment) $45• MONDAY, SEPTEMBER 17

ComplimentaryBoxLunch XX(1Per

Delegate)ExtraMondayBoxLunch $19

•TUESDAY, SEPTEMBER 18MissouriCity/CountyManagementAssociationMembershipBreakfast(Membership Required)

$22

CityClerks/FinanceOfficersAssociationBreakfast $22GeneralLuncheon $22MobileWorkshop(Highway54ExpresswayTour– CuttingThroughtheWavesofAnxiety) (Limitedto100 persons) $15Reception,AnnualBanquetAndEntertainment $40

•WEDNESDAY, SEPTEMBER 19BuffetBreakfast $23Post-ConferenceWorkshop (SponsoredbyMPUA,includeslunch.)(MakingYourUtilityOversightEffective– IntroductorySession forCertificate inPublicPolicyDevelopment)

$45

CANCELLATIONS:Cancellations must be received at League headquarters prior to 5 p.m., Friday, September 7, 2012,to be eligible for a refund (less $40 cancellation fee). Officials who register for the Conference but do not pay and do not cancel prior to the September 7 deadline will be billed for the conference registration fee and those events for which they registered.

PAYMENT OPTIONS: Checkenclosed____BillCity____WillpayatConference CreditCard

Credit Card Information: MasterCardorVisaorDiscoverCardNumber:(CircleOne)CardholderName: Exp.Date: 3-digitsecuritycode

Cardholderbillingaddress: PhoneNumber:___________________

EmailAddress:____________________________________________________________________________________

Please mail or fax completed registration form to:Missouri Municipal League, 1727 Southridge Drive, Jefferson City, MO 65109; Phone: 573-635-9134; Fax: 573-635-9009

August 17, 2012 DeadlineforHotelReservations(Tan-Tar-A800-826-8272)September 7, 2012 DeadlineforConferenceCancellations(MMLHeadquarters573-635-9134)


GETTING THE MOST FROM YOUR CONFERENCE ATTENDANCE

Do you stay home from conferences and conventions that might be helpful to you as a public official because you are worried about criticism from constituents? If the answer is “yes,” you may find these tips for successful conference attendance useful.

WHile you are at tHe ConferenCe

• Take time to carefully review the entire program. Make notes and map out your time. Allow time for informal discussions. Some of the best thoughts and ideas come from such dialogue.

• Determine which workshops you will attend. Which will have the most benefit to your community? If there is more than one person in your delegation, get together and try to get the widest possible exposure to the available programs and seminars.

• Be prepared to take notes or tape various speakers.• Visit the exhibits and gather literature on significant products and services. Ask questions, take notes

and allow enough time to cover the entire exhibit hall.• Keep a daily log or diary of what you did each day. You’ll be surprised how much you’ve covered. This

will be a handy reference to substantiate your “positive” participation in the conference. Of course, al-low some time for rest and relaxation. Learning and leisure are compatible.

• Make one person (if more than one delegate is attending) responsible for summarizing notes, speeches, literature and other items before you leave the conference.

WHen you get Home

• After you return home, the various findings should be typed and summarized in a succinct writ-ten report. Prepare copies for government personnel, other governing body members and key audiences in the community. Editors and news directors of the local media should get copies, and have copies of the report available for the public at the next meeting of the city council. Be prepared to respond about what the delegates learned that relates directly to local challenges.

• Communicate what you learn at meetings regardless of where they are held. Current trends, opinions, facts and quotes are newsworthy. Special attention to your local problems – and what you learned about them – is very significant to the news media and various community groups.

• Don’t apologize for the costs of the trip if you are asked. But, be ready to answer these questions: What did this trip cost for your delegation compared to the total budget? What is the cost of this in-service training for you as compared to the governmental unit’s in-service training as a total? Check the dollars and the percentages. You’ll find it relatively small. Don’t be defensive; just lay out the facts. What you learn at such meetings may easily save your municipality thousands of dollars. But more importantly, you’re trying to do a better job for your community by learning. And that’s what it’s all about.

• Remember, conferences and conventions are necessary for local government members. Such state and national conferences are the only places you can get the background and understand-ing needed to deal with current challenges. The future of municipal government depends on informed public officials.

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T he ending o f t h e S e c o n d S e s s i o n

o f t h e 9 6 t h G e n e r a l A s s e m b l y e n d e d i n relative calm, unlike the typical burst of activity w h i c h c h a r a c t e r i z e d the ending of previous sess ions . This more composed ending to the 2012 session may be attributed to it being an election year or that most o f the pr ior i ty issues of the House and Senate leadership were addressed, one way or another, earlier in the session. State budget concerns and redistricting also took up much of the legislative calendar. Despite all of this activity, municipal officials had to fend off legislation that attempted to micromanage municipal operations in many areas, including open meeting and records, utilities, procurement, solid waste and traffic management. We were successful in defeating or revising many bills that conflicted with MML policy and successfully supported some bills that will be beneficial to municipalities.

legislation of muniCipal interest tHat passed

Local Sales Tax on Out-Of-State Purchases of Motor Vehicles, Boats and Trailers “Fix”: HB 1329 reestablishes the local sales tax on out-of-state sales of motor vehicles, trailers, boats and motors. The Missouri Supreme Court struck down this tax earlier this year. There was widespread bi-partisan sup-port in the General Assembly for HB 1329; however, Gov. Nixon has indi-cated he will veto the bill.

Municipal Business License Re-strictions: HB 1504 requires municipali-ties to apply the state sales tax interest, penalty and statute of limitation on delinquent business licenses. The new requirement also may affect delinquent

utility franchise fees owed to munici-palities. This amendment was sought by the Missouri Chamber of Commerce and was slipped onto this bill by Sen. Wasson without a public hearing.

Annexation: HB 1900 specifies that a petition requesting a voluntary annexation need only be notarized instead of verified. Any legal action to invalidate a previous annexation must be brought within three years of the date of the adoption of the annexation ordinance. Vetoed by Gov. Nixon.

Economic Development Boards: SB 628 allows municipalities with an economic development sales tax to ex-pand the membership of their economic development board to nine members. Currently, the board consists of five members.

Municipal Codes Supersede Fire District Codes: HB 1647 prohibits fire protection districts from enforcing building codes within municipalities that have adopted building codes. However, fire protection districts do have authority over the location and specification of fire hydrants and fire lanes.

Transportation Sales Tax: SB 568 allows the revenue from the city trans-portation sales tax to be used to con-struct, repair and maintain sidewalks, trails and parking lots.

2012 LEGISLATIVE WRAP-UPStaff Report

Alderman Qualifi-cation: SB 569 changes the age qualification for a member of the board of aldermen in a fourth class city from 21 to 18 years of age.

February and June Election Dates: SB 569, HB 1036 and HB 1250 re-strict the February elec-tion date to only bond elections and eliminates the June election day.

Truck Routes: HB 1402, SB 470 and SB 480 requires municipalities to designate at least one city street, county road

or state highway within their corporate limits as a truck route.

Billboards: SB 607 allows resetting of non-conforming bills during state highway construction projects, unless prohibited by municipal ordinances. The bill also makes it easier to upgrade existing billboards to digital, again, if the upgrade conforms to municipal sign ordinances.

Yellow Light Timing: SB 611 requires the Missouri Department of Transportation to establish minimal yel-low light change interval times for all traffic-control devices. These standards must be based on nationally recognized standards.

Criminal Records: HB 1647 allows certain criminal records to be expunged for a $100 fee if it has been at least 10 years (for misdemeanors) or 20 years (for felonies) after the completion of the sentence, probation or parole. Records that may be expunged include felonies for passing bad checks and fraudulent credit card use, and misdemeanors for minor property crimes, gambling, peace disturbance and drunkenness. The National Rifle Association pushed this change to allow more people to qualify for concealed weapons permits.

Affordability Findings: HB 1251 requires the Department of Natural Resources to make a finding of afford-


ability when issuing stormwater control permits.

Inverse Condemnation and Dan-gerous Conditions On Public Property: SB 628 requires lawsuits against mu-nicipalities and other political subdivi-sions of the state involving dangerous conditions of public property or suits in inverse condemnation be brought in the county in which all or part of the public property lies.

Municipally Owned Vehicles: HB 1402 and HB 1807 modifies the provi-sion of law that exempts municipally owned vehicles from the state regis-tration laws and the requirement that vehicles display plates. Under current law, municipal vehicles do not have to display a plate provided the vehicles display (in specific lettering) the name of the municipality, the department and a distinguishing number. This act gives the municipality the option of having a plate on the vehicle in lieu of the lettering.

Water Primacy Fee: HB 1251 extends the fee to Sept. 1, 2017. The Primacy was to expire this September.

legislative issues of muniCipal interest tHat did not pass

Municipal Construction Bidding: Legislation was introduced that would place pre-empted local purchasing or-dinances and make it easier to sue mu-nicipalities over procurement decisions.

Restrictions on municipal smok-ing regulations: Rep. Leach from Springfield introduced legislation restricting municipalities from prohib-iting smoking in restaurants, bars and places of entertainment.

Limits on the use of red light cameras: Legislation sponsored by Sen. Kraus required all fines derived from the use of red light cameras to be remit-ted to the school districts.

“Fair Tax” or “Everything Tax”: Legislation proposed to replace the state income tax with statewide sales

tax that applied to most services and sales transactions.

Prevailing Wage law: A number of bills were introduced that ranged from total repeal of Missouri’s Prevailing Wage Law to exempt repair projects from the law.

Tax Credits: A number of bills were introduced that would have capped or terminated state income tax credits including the historic preserva-tion tax credit.

Local Government “Transparen-cy”: Rep. Smith from Salem introduced legislation requiring municipalities, schools and counties to report financial information to the state’s Office of Ad-ministration for inclusion on the state’s web-based “Accountability Portal.”

Municipal Bonds: Several bills were introduced that would have placed burdensome restrictions on municipal bonds used for economic development purposes.

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Streamline Sales Tax: Legislation that standardized Missouri’s sales tax statutes in order for the state to enter into the multi-state Streamlined Sales and Uses Tax Agreement.

Initiative Petition: Several bills were introduced that made changes to state’s initiative and referendum process.

prospeCts for tHe future

As a result of term limits, the dy-namics of the legislature is constantly changing. Each year brings more and more new legislators to the Capitol with little or no experience of the legislative process or of issues important to mu-nicipalities. Because of this, your com-munications and assistance is needed more than ever. Municipal officials are encouraged to visit often with legisla-tors, especially the new legislators, to discuss the issues that are important to your municipality.


legislation

Staff devoted a great deal of time to the MML legislative program dur-ing this reporting period. A complete wrap-up of legislation that affected municipalities enacted by the 96th Gen-eral Assembly (Second Session) appears in this issue of The Missouri Municipal Review.

Staff informed League members of the progress of bills affecting munici-palities through the "Legislative Bulle-tin," “Legislative Alerts,” and “Weekly Legislative Updates.”

The League’s policy committees met at the Legislative Conference to discuss future involvement in the MML lobbying process.

Staff is pleased to report that a number of member cities and organiza-tions invited League staff participation in meetings with legislators.

Staff alerted municipal officials to file personal financial disclosure state-ments before the May 1 deadline.

ConferenCes and meetings The League’s director attended

the National League of Cities Congres-sional Conference in Washington D.C.

The Central Division of the MML met at Columbia’s City Hall. More than 50 municipal officials attended the meeting.

The program for the Elected Officials Training Conference was completed. Registration information was included in the April issue of The Missouri Municipal Review and the May and June issues of the “Municipal Newsletter.”

The League’s director gave a legislative update at the St. Louis City Attorney’s meeting.

Staff began planning the program for the Annual Conference and initiated the exhibit, special sponsor and hospi-tality host programs.

The West Gate Division of the MML met at Armacost Museum in Grandview.

The League’s director spoke at the Missouri City Clerks and Finance Officers Association Spring Seminar and Educational Institute on legisla-tive issues. League staff also provided website training during the new clerk’s session.

Staff planned and conducted the 2012 Missouri City/County Manage-ment Association’s (MCMA) annual meeting.

Staff conducted the 2012 elected Officials Training Conference. One hundred eighty-nine officials attend-ed the event, representing 88 cities. Speakers for the Conference included: Kevin O’Keefe, Curtis, Heinz, Garrett &

O’Keefe; Sara J. Read, The Communica-tions Center, Inc.; Dr. David Valentine; Truman School of Public Affairs, UMC; City Administrator Mark Levin, Mary-land Heights; City Attorney Nancy Thompson, Riverside; Christine Treat Bushyhead, Mitchell, Kristl & Lieber, P.C.; Public Education Director Thomas Durkin, Missouri Attorney General; Joe Lauber, Lauber Municipal Law; and Sr. Vice President Tom Kaleko, Springsted.

Staff printed and mailed bro-chures for the Missouri Government Finance Officers Spring Institute.

The MML Board of Directors held its quarterly board meeting prior to the Legislative Conference.

researCH and puBliCations

Staff responded to more than 1,000 requests for information this quarter. The top items of interest were: council procedure, personnel, Sunshine Law, taxes, utilities, conflict of interest, pur-chasing, public funds, elections, streets, traffic, financial management, planning and zoning, drugs, municipal court, police, unsafe buildings, animals, an-nexation, building permits, city admin-istrator, economic development, forms of government, legislation and parks.

As a result of the municipal elec-tions held in April, staff is compiling information for publication of the 2012-2013 Directory of Missouri Municipal Officials and revising the Municipal Officials Database. Staff expresses appreciation to member municipal of-ficials for completing and returning the forms provided for these changes. Your cooperation in providing information for the Directory and in completing surveys for publication of technical bulletins enables staff to maintain an up-to-date publication.

teCHniCal assistanCe

The League’s computerized wage information service, WAGQUE, was provided to 37 municipalities.

memBersHip

The municipalities of Paynesville and Crystal Lake Park joined the MML during April, May and June, bringing membership to 670. Your League staff welcomes the new member officials. Please contact us whenever we may provide assistance.

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ELECTED OFFICIALS TRAINING CONFERENCE

On June 14-15, 2012, the Missouri Municipal League held its annual Elected Officials Training Conference. Nearly 190 municipal officials from across the state gathered for this intensive two-day Conference. Topics covered included budgets, ethics, economic development and more. Speakers included attorneys, practitioners and consultants specializing in missouri municipal governments.

LaGrange Municipal Officials

Florissant Municipal Officials Thomas Durkin, public education director, Missouri Attorney General's Office, spoke about the Sunshine Law.

Sarah Read, president, The Communications Center, Inc., spoke about conflict resolution.

Vinita Park Municipal Officials


LOCAL GOVERNMENT WEEK 2012:HOW DID YOU CELEBRATE?

Mu n i c i p a l i t i e s across Missouri celebrated Local

Governement Week April 30 - May 4, 2012. It was a wonderful opportunity for communities to showcase the vital services they provide each day for citizens. It was also a great chance to recognize the hard-working employees in each city! From appreciation barbecues to mock city council meetings for youth, municipal i t ies took t ime to strengthen their community and celebrate how local goverment benefits Missouri.

The city of Higginsville showed children what a day in law enforcement is like.

The city of Rolla hosted a barbecue for employees, with council members, leadership and the mayor serving the food. The City also signed a local goverment week proclamation to display in City Hall.


HoW does loCal government touCH our lives eaCH day?

Visit www.mocities.com/?page=LGW to watch a video featuring MML Director Dan Ross, Missouri Association of Counties Director Dick Burke and Missouri School Boards Association Director Dr. Carter Ward.

Cape Girardeau hosted a Youth in Government Day, where students had the opportunity to participate in a mock council meeting.

Jefferson City hosted a trash pickup to celebrate the value of a clean community.

The city of Kirkwood put together a collage for the local library with a theme on the many ways they "save" in the community, from saving a pet to saving the planet through recycling.

The city of Jackson hosted a Youth in Government Day to showcase city services to young citizens.

A display in the city of Higginsville highlights its work and citizens.


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TRADE ASSOCIATION HAD STANDING TO CHALLENGE MUNICIPAL ORDINANCE

T he St. Louis Association of Realtors (Association) f i l e d a d e c l a r a t o r y judgment action against

the city of Ferguson, challenging an ordinance adopted by the City that created a regulatory fee and licensing system for owners of res idential property within Ferguson who lease or rent their property to others. The ordinance required that property owners obtain building inspections and pay licensing fees, in addition to complying with other regulations. The ordinance makes it unlawful for property owners to rent or lease their property without first obtaining a rental license from the City. The Association is a non-profit trade association with approximately 9,000 members. Its membership includes real estate owners and other individuals who are interested in the real estate profession. The trial court dismissed the Association’s suit for lack of standing, but the Supreme Court of Missouri reversed in St. Louis Association of Realtors v. City of Ferguson, No. SC 91640 (Mo.banc 2011).

“Standing is a question of law, which is reviewed de novo.” Manzera v. State, 343 S.W.3d 656, 659 (Mo.banc 2011). Parties seeking relief, “bear the burden of establishing that they have standing.” Id. “Reduced to its essence, standing roughly means that the parties seeking relief must have some personal interest at stake in the dispute, even if that interest is attenuated, slight or remote.” Ste. Genevieve Sch. Dist. R-II v. Bd. of Aldermen of the City of Ste. Genevieve, 66 S.W.3d 6 10 (Mo.banc 2002). To assert standing successfully, a plaintiff must have a legally protectable

interest. Comm. for Educ. Equality v. State, 315 S.W.3d 719, 724 (Mo.banc 2010). A legally protectable interest exists only if the plaintiff is affected directly and adversely by the challenged action or if the plaintiff’s interest is conferred statutorily. Id.

Hunt v. Washington State Apple Advertising Comm’n., 432 U.S. 333, 343 (1977) set out a three-part test to analyze whether the requirements for associational standing have been met in a particular case: The association must demonstrate that “(a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization’s purpose; and (c) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.” 432 U.S. at 343. Missouri has adopted the Hunt framework for analyzing assoc ia t ional s tanding. Missour i Outdoor Advertising Ass’n, Inc. v. Missouri State Hwy. & Transp. Comm., 826 S.W.2d 342, 344 (Mo.banc 1992). This Court has determined that, although the Missouri Constitution does not have a parallel “case or controversy” requirement, use of Hunt’s three-factor test for standing allows Missouri courts to ensure that “an actual controversy exists between persons whose interests are adverse” and that those who stand to benefit from the litigation “have a legally protectable interest at stake.” State ex rel. Chilcutt v. Thatch, 221 S.W.2d 172, 176 (Mo.banc 1949).

Here, the Association satisfied the first prong of Hunt by demonstrating that some of its members are property owners in Ferguson and, so, would have

standing in their own right to challenge Ferguson’s ordinance. The record also shows that the association satisfies the third prong of Hunt in that neither the claim asserted, nor the relief requested requires the participation of individual members in the lawsuit. Where an association seeks only a prospective remedy, it is presumed that the relief to be gained from the litigation “will inure to the benefit of those members of the association actually injured.” Warth v. Seldin, 422 U.S. 490, 515 (1975).

T h e c r u x o f t h e a p p e a l i s whether the association has satisfied the second prong of the Hunt test by establishing that the interests at stake in the litigation are germane to i ts purpose. The associat ion’s objective in the current litigation to the challenge what it alleges is an unlawful infringement by Ferguson on the property ownership rights of a number of its members. Because the association has demonstrated a clear interest in protecting private property rights, the issue being litigated is plainly germane to the organization’s purpose.

The association has satisfied the requirements of associational standing by showing that one or more of its members have standing to sue, the interest it seeks to protect are germane to its purpose, and neither the claim asserted nor the relief requested requires the participation of individual members of a lawsuit. It, therefore, may seek declaratory judgment on behalf of its members against Ferguson.

W. Dudley McCarteriswiththelawfirmofBehr,McCarterandPotter,P.C.,St.Louis.


frequently asKed questions - missouri open meetings and reCords laW: part i

Missouri Municipal League - Submitted 11/6-08 ssouri County Record - Submitted 2/28/08 (continue to use till updated)

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Each day your Missouri Municipal League staff answers dozens of questions on municipal issues. This column discusses some of the most common questions the League staff receives. This issue’s column is devoted to the Missouri Open Meetings and Records Law, commonly referred to as the Sunshine Law. Many of the answers in this month’s column stem directly from information available on the Missouri Attorney General’s website. As with all legal matters, municipal officials are urged to consult their city attorney for guidance in the specific problems faced by their municipality. A n s w e r s p r o v i d e d i n t h i s c o l u m n should serve only as a general reference. Look for the second part of this topic to be covered in the November 2012 issue of the MML Review.

q. WHat is tHe purpose of tHe sunsHine laW?

The Sunshine Law was enacted to provide that meetings, records, votes, actions and deliberations of public government must be open to the public unless otherwise provided by law. The specific instances that allow closure are to be narrowly interpreted to promote the public policy of openness. Public meetings, including meetings conducted by telephone, Internet or other electronic means, are to be held at

reasonably convenient times and must be accessible to the public. Meetings should be held in facilities that are large enough to accommodate anticipated attendance by the public and accessible to persons with disabilities.

q. WHere are tHe state statutes related to tHe sunsHine laW found?

Chapter 610 of the Missouri Revised Statutes contains the provisions that establish Missouri’s Sunshine Law.

q. WHat aBout nepotism and CounCil proCedures, aren’t tHose items Covered in tHe sunsHine laW?

Chapter 610 of the Missouri Revised Statutes, aka the Sunshine Law, only addresses issues involving the public’s access to meetings and records. The Sunshine Law does not address issues such as council procedures or conflicts of interest. Those issues are addressed in other statutes.

q. are advisory Committees, Boards and Commissions suBjeCt to tHe sunsHine laW?

Yes, when appointed or at the direction of a public governmental body (Section 610.010(4)); Attorney General Opinion No. 129-2004 (stating

that a task force formed by the school district’s superintendent is subject to the Sunshine Law).

q. does tHe sunsHine laW apply to lunCHeon meetings of memBers of a puBliC governmental Body WHere puBliC Business is disCussed?

Yes. A public meeting is any meeting of a public governmental b o d y w h e r e p u b l i c b u s i n e s s i s discussed, decided or public policy is formulated (Section 610.010(5)). Public business is defined in Section 610.010(3) as all matters that relate in any way to the performance of the public governmental body’s functions or the conduct of its business. In The Kansas City Star v. Shields, 771 S.W.2d 101 (Mo. App. W.D. 1989), the City Council finance committee, city manager and city budget director held a luncheon meeting without notice in a private dining room of a Kansas City restaurant. The following day, the committee unanimously adopted a budget agreement. This meeting, during which public business was discussed, constituted a public meeting and notice should have been posted. (See Attorney General Opinion No. 10-75).

q. does tHe sunsHine laW apply to a meeting of memBers of a puBliC governmental Body WHere puBliC Business is disCussed, But a quorum is not present?

Under the Sunshine Law, a meeting takes place when a majority or quorum of a public governmental body gathers to discuss or vote on public business (Section 610.010(5)) and Colombo v. Buford, 935 S.W.2d 690, 699 (Mo. App. W.D. 1996)). However, it is important to note without a quorum present, no real decision making may take place. Further, if the public and the full public governmental body are not given proper notice of a surreptitious meeting, the body will not have the benefit of a full discussion and exchange of ideas. It also must be remembered that the Sunshine Law will apply to meetings of groups with less than a quorum when the entity is deliberately attempting to evade the Sunshine Law. For example, a public governmental body may not purposely meet in groups with less than a quorum to discuss and or decide public business, and then


ratify those actions in a subsequent public meeting (Colombo v. Buford, 935 S.W.2d 690, 699 (Mo. App. W.D. 1996)).

q. WHat are tHe sunsHine laW’s notiCe requirements?

Section 610.020.1 requires a public governmental body to give notice of the time, date and place of each meeting and its tentative agenda in a manner reasonably calculated to advise the public of the matters to be considered. The notice must state if the meeting is to take place by telephone, the Internet or other electronic means, and the location where the public may observe and attend the meeting, or the Internet message board the governing body will be using. Section 610.020.2 requires at least 24 hours of notice (excluding weekends and holidays) before the meeting, unless such notice is impossible. The notice must be posted prominently in the principal office of the governing body holding the meeting, or, if there is no such office, in the building where the meeting will be held. If the governing body is meeting via the Internet, it also is required to post a notice on its website with information on how to access the meeting.

R e a s o n a b l e n o t i c e i n c l u d e s making copies of the notice available upon request to representatives of the news media at the same time notice is provided to members of the public body. If a meeting must be held on less than 24 hours’ notice, minutes of the meeting should state the reasons why it was not possible to give such notice (Section 610.020.4).

q. are tHere otHer instanCes WHen more tHan 24 Hours notiCe is required for a puBliC meeting?

Yes. At minimum the Sunshine Law requires 24 hours’ notice be given prior to any meeting of a public body. Some issues may be subject to lengthier notice requirements including publication in newspapers depending on the topic. For instance, RSMo 89.050 requires that public hearings regarding planning and zoning changes must be published at least 15 days prior to the date of the hearing. RSMo 67.2725 requires that notice must be given four days prior to any meeting regarding tax increases or eminent domain use. When in doubt about a particular notice requirement, city officials are urged to consult their city attorney or league staff.

q. may a puBliC governmental Body post its notiCe in loCations otHer tHan its offiCe or tHe meeting loCation?

Yes. The Sunshine Law requires notice to be posted in one of the locations outlined in Section 610.020.2. Posting notice in any other location will not relieve the public governmental body of its obligation under this provision. However, there is no reason that a public governmental body cannot post notice in additional places, such as on its website or a common area.

q. doesn’t tHe sunsHine laW guarantee tHe puBliC tHe rigHt to speaK at CounCil meetings?

No. The Sunshine Law only provides the public with the right to attend council meetings. It does not provide the public with the right to speak during council meetings.

q. HoW long does tHe sunsHine laW require reCords to Be Kept for?

The Sunshine Law is actually silent in regards to the retention of public records. However, RSMo 109.255 authorizes the Missouri Secretary of State (SOS) with advice from a board of local records to promulgate rules on how long records are to be retained. These rules can be found in the retention manuals available on the SOS’s website at: http://www.sos.mo.gov/archives/localrecs/schedules/

q. must memBers of a puBliC governmental Body Be pHysiCally present at a meeting to vote?

The Sunshine Law generally allows members of a public governmental body to participate in a meeting and vote without being physically present, for example, by telephone. But if a public governmental body consists of members who are all elected, Section 610.015 requires that members be physically present and in attendance at a meeting when votes are to be taken by roll call. In an emergency, members may vote by phone, Internet or other means, but only if a quorum of the members is physically present at the meeting location. The physical presence requirement does not apply to any committee established by a public governmental body or to members of the General Assembly (Section 610.015).

q. WHen are roll-Call votes required?

The Sunshine Law requires that any vote to go into closed session (Section 610.022.1) and any votes taken during a closed meeting require a roll-call vote (Section 610.015). While not required under the Sunshine Law (but required in other statutes), passage of ordinances requires roll call votes.

q. Can Citizens reCord or videotape puBliC governmental Body meetings?

Yes. However, the public body may establish guidelines to minimize disruption. Recording a properly closed meeting without the permission of the public body, however, is not permitted and is a class C misdemeanor (Section 610.020.3).

q. are puBliC governmental Bodies required to taKe minutes of meetings?

Yes. Minutes for open and closed meetings shall include, at a minimum, date, time, place, members present and members absent, a record of votes taken and, when a roll call vote is taken, votes shall be attributed to each member (Section 610.020.7). It also is advisable for bodies to keep minutes of the discussion that takes place during meetings, especially of closed meetings. These minutes are useful for internal purposes, and for creating a record to justify the proper closure of a meeting under Section 610.021.

q. WHat proCedures must Be folloWed to Close meetings, reCords or votes?

Meetings and records may only be closed if the subject matter falls under one of the specific exemptions detailed under RSMo 610.021. The commonly used exemptions are for real estate, legal matters and personnel. In order to use one of these exemptions, the public governmental body must follow the procedures set out in RSMo 610.022. Specifically, notice that a closed meeting will be held including citation of the statutory exemption under which the meeting will be closed must be provided 24 hours prior to the meeting. In addition there must be a roll call vote with a majority voting to close the meeting prior to going into closed session. In regards to records, governing bodies are advised to adopt a policy that formally closes the body’s records as allowed under the Sunshine Law.


2012 CALENDAR OF EVENTS

July19 MML West Gate Meeting and Civic Leadership Awards Banquet Blue Springs, MO26 MML Policy Committee Meetings Jefferson City, MO

August21 MML Resolutions Committee Meeting Jefferson City, MO

September15 Financial Disclosure Ordinance Deadline16 MML Scholarship Golf Outing Lake of the Ozarks, MO16-19 MML Annual Conference, Tan-Tar-A Resort Lake of the Ozarks, MO29-Oct. 3 International Association of Chiefs of Police Annual Conference San Diego, CA

October7-10 ICMA Annual Conference Phoenix, AZ9 Collective Bargaining in Missouri Workshop Clayton, MO10 MML Central Meeting November6 Election Day27-Dec. 1 NLC Congress of Cities, Boston, MA

MEMBER ACCOMPLISHMENTSBrenda M. Cirtin, MMC, city clerk, Springfield, succeeded to the office of President of the International Institute of Municipal Clerks (IIMC) during the Institute’s 66th Annual Conference in Portland, Oregon on May 24, 2012. Cirtin became a member of the Execu-tive Committee in 2010 when she was elected vice president. She will serve a one-year term through May 23, 2013. She is the first president from Missouri.

Joyce Pumm, CMC, city clerk, Univer-sity City, has earned the prestigious Certified Municipal Clerk (CMC) des-ignation from the International Institute of Municipal Clerks (IIMC). The CMC designation program is designed to en-hance the job performance of the clerk in small and large municipalities. To earn the CMC designation, a municipal clerk must attend extensive education programs. The program prepares the participants to meet the challenges of the complex role of the municipal clerks by providing them with quality educa-tion in partnership with 47 institutions of higher learning. The program has been in existence since 1970 and has helped thousands of clerks in various municipalities.


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MML Review July 2012

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