BOARD BILL NO. 136 INTRODUCED BY: Alderman Joseph Roddy An ordinance, recommended by the Board of Estimate and Apportionment, authorizing the Mayor of the City of St. Louis, on behalf of the City, to submit a 2017 Annual Action Plan to the United States Department of Housing and Urban Development (“HUD”) as required to apply for funding under the Federal Community Development Block Grant (“CDBG”), HOME Investment Partnership (“HOME”), Emergency Solutions Grant (“ESG”) and Housing Opportunities for Persons with AIDS (“HOPWA”) Entitlement Programs, authorizing and directing the Mayor and the Comptroller on behalf of the City to enter into and execute agreements with HUD for the receipt of 2017 CDBG, HOME, ESG and HOPWA funds, appropriating the sum of Sixteen Million Dollars ($16,000,000) which the City estimates will be available for the 2017 CDBG Program Year; appropriating the sum of Two Million, One Hundred Thousand Dollars ($2,100,000) which the City estimates will be available for the 2017 HOME Program Year; appropriating the sum of One Million, Four hundred and Seventy-Three Thousand, One Hundred and Seventy-Three Dollars ($1,473,173) which the City estimates will be available for the 2017 ESG Program Year; and appropriating the sum of One Million, Five Hundred and Fifty-Four Thousand, Nine Hundred and Forty Dollars ($1,554,940) which the City estimates will be available for the 2017 HOPWA Program Year, authorizing and directing the Director of the Community Development Administration (“CDA”) to contract with municipal agencies, non-profit corporations and other entities, as necessary for the expenditure of CDBG and HOME funds, to establish and implement a lump sum drawdown procedure for the purpose of financing property rehabilitation activities, to establish and implement a program to guarantee in whole or in part construction loans from private financial institutions, and/or to establish and implement a procedure for providing financial assistance to CDBG-eligible undertakings through float loan financing, authorizing and directing the Director of the Department of Human Services (“DHS”) to contract with municipal agencies, non-profit corporations and other entities, as necessary for the expenditure of ESG funds, authorizing and directing the Director of Health and Hospitals to contract with municipal agencies, non-profit corporations and other entities, as necessary for the expenditure of HOPWA funds, and directing the Comptroller to issue warrants thereon upon the City Treasury; and containing an emergency clause.
BOARD BILL NO. 137 INTRODUCED BY ALDERWOMAN INGRASSIA An ordinance approving a Redevelopment Plan for the 2217 Locust Ave. Area (“Area”) after finding that the Area is blighted as defined in Section 99.320 and Chapter 353 of the Revised Statutes of Missouri, 2000, as amended, (the “Statutes” being Sections 99.300 to 99.715 inclusive and Chapter 353), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Sections 99.430 and 353.020 (4); finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement with the last five (5) years of payments in lieu of taxes based on fifty percent (50%) of the then current assessment; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 138 INTRODUCED BY ALDERWOMAN INGRASSIA /ALDERMAN ORTMANN An ordinance approving a blighting study and redevelopment plan dated June 28, 2016 for the Fox Park/ Benton Park West Scattered Sites Redevelopment Area (as further defined herein, the “Plan”) after finding that said Redevelopment Area (“Area”) is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, as amended (the “Statute” being Sections 99.300 to 99.715 RSMo inclusive, as amended); containing a description of the boundaries of the Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Attachment “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan attached hereto and incorporated herein as Attachment “B”, pursuant to Section 99.430 RSMo, as amended; finding that there is a feasible financial plan for the redevelopment of the Area which affords maximum opportunity for redevelopment of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”), a public body corporate and politic created under Missouri law, through the exercise of eminent domain; finding that no property within the Area is occupied, however if it should become occupied the Redeveloper (as defined herein) shall be responsible for providing relocation assistance pursuant to the Plan to any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available up to a fifteen (15) year real estate tax abatement; and pledging cooperation of this St. Louis Board of Aldermen (“Board”) and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan; and containing a severability clause.
Board Bill No. 139 Introduced by Alderman Williamson An ordinance relating to the position classifications and salaries of the employees in the Treasurer’s Office; repealing Ordinance 69195 and enacting in lieu thereof certain new sections relating to the same subject matter and containing an emergency clause.
Board Bill No. 140 Introduced by Alderman Williamson An ordinance relating to the position classifications and salaries of the employees in the Parking Division; repealing Ordinance 69196 and enacting in lieu thereof certain new sections relating to the same subject matter and containing an emergency clause.
BOARD BILL NO. 141 INTRODUCED BY ALDERWOMAN MARLENE DAVIS An ordinance approving a blighting study and redevelopment plan dated July 26, 2016 for the 2926-36 Locust St. Redevelopment Area (as further defined herein, the “Plan”) after finding that said Redevelopment Area (“Area”) is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, as amended (the “Statute” being Sections 99.300 to 99.715 RSMo inclusive, as amended); containing a description of the boundaries of the Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Attachment “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan attached hereto and incorporated herein as Attachment “B”, pursuant to Section 99.430 RSMo, as amended; finding that there is a feasible financial plan for the redevelopment of the Area which affords maximum opportunity for redevelopment of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”), a public body corporate and politic created under Missouri law, through the exercise of eminent domain; finding that no property within the Area is occupied, but if it shall become occupied, the Redeveloper (as defined herein) shall be responsible for providing relocation assistance pursuant to the Plan to any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available up to a ten (10) year real estate tax abatement with five (5) years of payments in lieu of taxes or up to five (5) years real estate tax abatement; and pledging cooperation of this St. Louis Board of Aldermen (“Board”) and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan; and containing a severability clause.
BOARD BILL NO. 142 INTRODUCED BY ALDERWOMAN MEGAN-ELLYIA GREEN An ordinance pertaining to commercial semi-trailer trucks, also known as a semis, or tractor-trailers; prohibiting such traffic along Morganford Road from the north boundary of Arsenal Street to the south boundary of Utah Street, exempting from said prohibition emergency vehicles, including privately owned tow trucks when providing emergency service, vehicles making deliveries to nearby addresses, and vehicles with a Gross Vehicle Weight (GVW) of less than 26,000 pounds, and containing an emergency clause.
The meeting begins at 10am, it can be watched online here.
September 21, 2016Missouri, Politics/PolicyComments Off on Readers Strongly Opposed to Change in Missouri Gun Law
A majority of readers in the non-scientific Sunday Poll strongly oppose the changes to Missouri’s gun laws when the legislature overrode Gov Nixon’s veto lsat week. It should be noted the readership here doesn’t represent the region/state.
Come Jan. 1, lawful owners of firearms will be able to conceal and carry them anywhere in Missouri, subject to the limitations that already exist — not in the likes of courthouses, jails, polling places or businesses, such as grocery stores, that post “no guns” at their doors.
Background checks for buying weapons still apply as required.
Only holders of Missouri concealed-carry permits can carry concealed weapons outside of the state, and Illinois still requires visitors to have Illinois permits. The other seven states surrounding Missouri honor its permits. There also are some places in Missouri, such as some school districts, that give more rights to permit holders.
Local governments, such as St. Louis, still can prohibit people from carrying weapons openly unless they have concealed-carry permits. (Post-Dispatch)
The expanded ‘Stand Your Ground’ law begins October 14th.
Below are the poll results:
Q: Support or oppose: Missouri law will soon allow people to carry a concealed gun without a permit or training.
At Friday’s meeting of the St. Louis Board of Aldermen twenty-six (26) new Board Bills were introduced. Of these, twenty (20) were new redevelopment plans. Some included provisions for the use of eminent domain, 5 or 10-year tax abatement.
An Ordinance recommended by the Planning Commission on September 7, 2016, to change the zoning of property as indicated on the District Map, from “C” Multiple-Family Dwelling District and “H” Area Commercial District to “J” Industrial District, in City Blocks #2178 (1315-39 S. Grand Blvd. & 3632 Rutger Street), #2181.06 (3656 Hickory Street) and #2180 (1101 & 1121-27 S. Grand Blvd. and 1126 Motard Avenue), so as to include the described parcels of land in City Blocks 2178, 2181.06 & 2180; and containing an emergency clause.
An ordinance pertaining to the Civilian Oversight Board, permitting appointed members of the Civilian Oversight Board to park, without payment of fees, at any parking meter or contrary to posted NO PARKING ZONES, with exceptions; requiring each authorized individual to display an approved parking placard; further requiring that each placard display the ordinance number and prohibiting the unauthorized duplication of such placards.
From the bill’s language:
In no event will parking be allowed in front of fire plugs, mail boxes, bus stops, wheelchair ramps, within 30 feet of a curbline of any intersection, nor within disabled parking spaces (except, in the case of a disabled parking space, parking will be allowed if the vehicle displays a Missouri Permanent Disabled Placard or a license plate for the disabled)
BOARD BILL NO. 112 INTRODUCED BY ALDERMAN KENNETH ORTMANN An ordinance approving a Redevelopment Plan for the 2000-2002 Wyoming St. Area (“Area”) after finding that the Area is blighted as defined in Section 99.320 and Chapter 353 of the Revised Statutes of Missouri, 2000, as amended, (the “Statutes” being Sections 99.300 to 99.715 inclusive and Chapter 353), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated June 28, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Sections 99.430 and 353.020 (4); finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement with five (5) years of payments in lieu of taxes or up to five (5) years real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 113 INTRODUCED BY ALDERWOMAN INGRASSIA An ordinance approving a Redevelopment Plan for the 2723 Allen Ave. Area (“Area”) after finding that the Area is blighted as defined in Section 99.320 and Chapter 353 of the Revised Statutes of Missouri, 2000, as amended, (the “Statutes” being Sections 99.300 to 99.715 inclusive and Chapter 353), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Sections 99.430 and 353.020 (4); finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement with five (5) years of payments in lieu of taxes or up to five (5) years real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 114 INTRODUCED BY ALDERWOMAN INGRASSIA An ordinance approving a Redevelopment Plan for the 3425 Magnolia Ave. Area (“Area”) after finding that the Area is blighted as defined in Section 99.320 and Chapter 353 of the Revised Statutes of Missouri, 2000, as amended, (the “Statutes” being Sections 99.300 to 99.715 inclusive and Chapter 353), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Sections 99.430 and 353.020 (4); finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement with five (5) years of payments in lieu of taxes or up to five (5) years real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 115 INTRODUCED BY ALD. JOSEPH VOLLMER An ordinance approving a Redevelopment Plan for the 5378-5390 Southwest Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated July 26, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 116 INTRODUCED BY ALD. JOSEPH VOLLMER An ordinance approving a Redevelopment Plan for the 5214 Daggett Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated July 26, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 117 INTRODUCED BY ALDERMAN CONWAY An ordinance approving a Redevelopment Plan for the 3942 Flad Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 118 INTRODUCED BY ALDERMAN COHN An ordinance approving a Redevelopment Plan for the 3858 Bamberger Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated July 26, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 119 INTRODUCED BY ALDERMAN MOORE An ordinance approving a Redevelopment Plan for the 4308-4324 Dr. Martin Luther King Blvd. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 120 INTRODUCED BY ALD. FRANK WILLIAMSON An ordinance approving a Redevelopment Plan for the 5804-08 Westminster Pl. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 121 INTRODUCED BY ALDERMAN JOSEPH RODDY An ordinance amending Ordinance #70060 approved July 22, 2015, by modifying the terms of the real estate tax abatement of the Chouteau Ave./ Sarah St./ Papin St. Redevelopment Plan as approved by Ordinance #70060.
BOARD BILL NO. 122 INTRODUCED BY ALD. JOHN COATAR An ordinance approving a Redevelopment Plan for the 2329 Ann Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 123 INTRODUCED BY ALD. JOHN COATAR An ordinance approving a Redevelopment Plan for the 2212-30 Shenandoah Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 124 INTRODUCED BY ALDERWOMAN LYDA KREWSON An ordinance approving a blighting study and redevelopment plan dated June 28, 2016 for the 5766 Pershing Ave. Redevelopment Area (as further defined herein, the “Plan”) after finding that said Redevelopment Area (“Area”) is blighted as defined in Section 99.320 and Chapter 353 of the Revised Statutes of Missouri, as amended (the “Statutes” being Sections 99.300 to 99.715 RSMo inclusive and Chapter 353, as amended); containing a description of the boundaries of the Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Attachment “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan attached hereto and incorporated herein as Attachment “B”, pursuant to Sections 99.430 RSMo and 353.020 (4), as amended; finding that there is a feasible financial plan for the redevelopment of the Area which affords maximum opportunity for redevelopment of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”), a public body corporate and politic created under Missouri law, through the exercise of eminent domain; finding that no property within the Area is occupied, but if it shall become occupied, the Redeveloper (as defined herein) shall be responsible for providing relocation assistance pursuant to the Plan to any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available up to a ten (10) year real estate tax abatement with five (5) years of payments in lieu of taxes or up to five (5) years real estate tax abatement; and pledging cooperation of this St. Louis Board of Aldermen (“Board”) and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan; and containing a severability clause.
BOARD BILL NO. 125 INTRODUCED BY ALDERWOMAN MEGAN GREEN An ordinance approving a blighting study and redevelopment plan dated July 26, 2016 for the 3909 Hartford St. Redevelopment Area (as further defined herein, the “Plan”) after finding that said Redevelopment Area (“Area”) is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, as amended (the “Statute” being Sections 99.300 to 99.715 RSMo inclusive, as amended); containing a description of the boundaries of the Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Attachment “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan attached hereto and incorporated herein as Attachment “B”, pursuant to Section 99.430 RSMo, as amended; finding that there is a feasible financial plan for the redevelopment of the Area which affords maximum opportunity for redevelopment of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”), a public body corporate and politic created under Missouri law, through the exercise of eminent domain; finding that no property within the Area is occupied, but if it shall become occupied, the Redeveloper (as defined herein) shall be responsible for providing relocation assistance pursuant to the Plan to any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available up to a ten (10) year real estate tax abatement with five (5) years of payments in lieu of taxes or up to five (5) years real estate tax abatement; and pledging cooperation of this St. Louis Board of Aldermen (“Board”) and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan; and containing a severability clause.
BOARD BILL NO. 126 INTRODUCED BY ALDERWOMAN DONNA BARINGER A ordinance revising prior ordinances that required certain officers and employees of the City of St. Louis to disclose receipt of certain gifts and travel expenses, increasing the value of gifts and travel expenses for which filing a report is required by revising Section Two of Ordinance 63666 and Section One of Ordinance 65710 and containing a severability clause.
BOARD BILL #127 INTRODUCED BY ALDERWOMEN BETH MURPHY AND CAROL HOWARD An Ordinance Approving The Petition Of Various Owners Of Certain Real Property To Establish A Community Improvement District, Establishing The Bevo Community Improvement District, Finding A Public Purpose For The Establishment Of The Bevo Community Improvement District, And Containing An Emergency Clause And A Severability Clause.
BOARD BILL NO. 128 INTRODUCED BY ALD. JOSEPH RODDY An ordinance approving a Redevelopment Plan for the 4176 Manchester Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 129 INTRODUCED BY ALD. JOSEPH RODDY An ordinance approving a Redevelopment Plan for the 4311,15,45 and 58 Hunt Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 130 INTRODUCED BY ALD. JOSEPH RODDY An ordinance approving a Redevelopment Plan for the 1211 Tower Grove Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 131 INTRODUCED BY ALD. JOSEPH RODDY An ordinance approving a Redevelopment Plan for the 4230 Chouteau Ave. and 4247 & 4335 Arco Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 132 INTRODUCED BY ALDERMAN STEPHEN CONWAY An Ordinance, recommended by the Board of Public Service of the City of St. Louis (the “Board of Public Service”), establishing a public works and improvement project for the Tower Grove Park Neighborhood Access Enhancements (the “Tower Grove Park Access Improvement Project”); authorizing and directing the City of St. Louis (the “City”), by and through its Board of Public Service, to let contracts and provide for the design, construction, materials, and equipment for the Tower Grove Park Access Improvement Project; authorizing the Board of Public Service to employ labor and consultants, pay salaries, fees and wages, acquire any and all said real and personal property rights and interests, in whole or in part, including easements (by lease, purchase, condemnation, or otherwise), as necessary for completion of the Tower Grove Park Access Improvement Project, and to enter into supplemental agreements with the Missouri Highway and Transportation Commission, Federal Highway Administration, utilities, railroads, and other governmental agencies as necessary for completion of the Tower Grove Park Access Improvement Project, all in accordance with the federal Transportation Equity Act for the 21st Century (23 U.S.C. § 110, et seq.), with any contract containing sections for: description of the work, material guarantees, estimated expenditure allocations, fund reversion authorization, applicable federal and state wage rate requirements, equal opportunity provisions, the Mayor’s Executive Orders, and contract advertising statutes; requiring that all work provided for herein shall be carried out in accordance with detailed plans and specifications adopted and approved by the Board of Public Service before bids are advertised therefor; directing that all construction contracts let by authority of this Ordinance provide for federal and state prevailing wage requirements, including prevailing wage holiday and overtime pay, and compliance with all applicable statutes of the State of Missouri including Sections 290.210 through 290.340 of the Revised Statutes of Missouri, 2000, as amended, the City Charter, City ordinances including the “Complete Streets Policy, ” (City Ordinance 69955), when applicable, and the Revised Code of the City, as amended; requiring that all contractors shall comply with the provisions of Sections 285.525 through 285.555 of the Revised Statutes of Missouri, 2000, as amended, by requiring enrollment and participation in a federal work authorization program and agreeing not to knowingly employ unauthorized aliens; requiring that all contractors shall comply with the provisions of Section 292.675 of the Revised Statutes of Missouri, 2000, as amended, by providing a ten-hour Occupational Safety and Health Administration construction safety program for their on-site employees; requiring that all contractors shall comply with the provisions of Section 34.057 of the Revised Statutes of Missouri, 2000, as amended, (Prompt Payment/Retainage), as applicable; requiring the furnishing of a bond by every contractor on this public works project pursuant to the provisions of Section 107.170 of the Revised Statutes of Missouri, 2000, as amended; requiring compliance with Section 34.353 of the Revised Statutes of Missouri, 2000, as amended (Domestic Product Procurement Act – Buy American); requiring all specifications approved by the Board of Public Service and contracts let by authority of this Ordinance shall provide for: compliance with the Mayor’s Executive Orders on Equal Opportunity and maximum MBE/WBE/DBE utilization goals, except when superseded or prohibited by federal or state law or regulation; requiring all advertisements for bids pursuant to this Ordinance be subject to the provisions of Section 8.250 of the Revised Statutes of Missouri, 2000, as amended; appropriating the total estimated cost of the Tower Grove Park Access Improvement Project of One Million, One Hundred Eighty Thousand Dollars ($1,180,000.00) from various sources including the Federal Highway Administration Moving Ahead for Progress in the 21st Century Act (MAP-21), and the One-Half Cent Ward Capital Improvement Fund; authorizing and directing the Comptroller of the City to draw warrants from time to time and disburse funds appropriated by this Ordinance and to receive and disburse grant funds in accordance with the Transportation Equity Act of the 21st Century (23 U.S.C. § 110, et seq.) upon the signature and certification of vouchers by the President of the Board of Public Service; and containing a public work emergency clause.
BOARD BILL NO. 133 INTRODUCED BY ALD. SCOTT OGILVIE An ordinance approving a Redevelopment Plan for the 1615 Hampton Ave. (“Area”) after finding that the Area is blighted as defined in Section 99.320 of the Revised Statutes of Missouri, 2000, as amended, (the “Statute” being Sections 99.300 to 99.715 inclusive), containing a description of the boundaries of said Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Exhibit “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan dated August 23, 2016 for the Area (“Plan”), incorporated herein by attached Exhibit “B”, pursuant to Section 99.430; finding that there is a feasible financial plan for the development of the Area which affords maximum opportunity for development of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”) through the exercise of eminent domain; finding that the property within the Area is unoccupied, but if it should become occupied the Redeveloper shall be responsible for relocating any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available up to ten (10) year real estate tax abatement; and pledging cooperation of the Board of Aldermen and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan.
BOARD BILL NO. 134 INTRODUCED BY ALDERMAN SCOTT OGILVIE An ordinance approving a blighting study and redevelopment plan dated June 28, 2016 for the 6635-45 Clayton Ave. Redevelopment Area (as further defined herein, the “Plan”) after finding that said Redevelopment Area (“Area”) is blighted as defined in Section 99.320 and Chapter 353 of the Revised Statutes of Missouri, as amended (the “Statutes” being Sections 99.300 to 99.715 RSMo inclusive and Chapter 353, as amended); containing a description of the boundaries of the Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Attachment “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan attached hereto and incorporated herein as Attachment “B”, pursuant to Sections 99.430 RSMo and 353.020 (4), as amended; finding that there is a feasible financial plan for the redevelopment of the Area which affords maximum opportunity for redevelopment of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”), a public body corporate and politic created under Missouri law, through the exercise of eminent domain; finding that no property within the Area is occupied, but if it shall become occupied, the Redeveloper (as defined herein) shall be responsible for providing relocation assistance pursuant to the Plan to any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available up to a ten (10) year real estate tax abatement with five (5) years of payments in lieu of taxes or up to five (5) years real estate tax abatement; and pledging cooperation of this St. Louis Board of Aldermen (“Board”) and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan; and containing a severability clause.
BOARD BILL NO. 135 INTRODUCED BY ALDERMAN SCOTT OGILVIE An ordinance approving a blighting study and redevelopment plan dated June 28, 2016 for the 6718 Dale Ave. Redevelopment Area (as further defined herein, the “Plan”) after finding that said Redevelopment Area (“Area”) is blighted as defined in Section 99.320 and Chapter 353 of the Revised Statutes of Missouri, as amended (the “Statutes” being Sections 99.300 to 99.715 RSMo inclusive and Chapter 353, as amended); containing a description of the boundaries of the Area in the City of St. Louis (“City”), attached hereto and incorporated herein as Attachment “A”, finding that redevelopment and rehabilitation of the Area is in the interest of the public health, safety, morals and general welfare of the people of the City; approving the Plan attached hereto and incorporated herein as Attachment “B”, pursuant to Sections 99.430 RSMo and 353.020 (4), as amended; finding that there is a feasible financial plan for the redevelopment of the Area which affords maximum opportunity for redevelopment of the Area by private enterprise; finding that no property in the Area may be acquired by the Land Clearance for Redevelopment Authority of the City of St. Louis (“LCRA”), a public body corporate and politic created under Missouri law, through the exercise of eminent domain; finding that no property within the Area is occupied, but if it shall become occupied, the Redeveloper (as defined herein) shall be responsible for providing relocation assistance pursuant to the Plan to any eligible occupants displaced as a result of implementation of the Plan; finding that financial aid may be necessary to enable the Area to be redeveloped in accordance with the Plan; finding that there shall be available up to a ten (10) year real estate tax abatement with five (5) years of payments in lieu of taxes or up to five (5) years real estate tax abatement; and pledging cooperation of this St. Louis Board of Aldermen (“Board”) and requesting various officials, departments, boards and agencies of the City to cooperate and to exercise their respective powers in a manner consistent with the Plan; and containing a severability clause.
The Missouri legislature, controlled by Republicans, overrode bills that Governor Nixon, a Democrat, had vetoed earlier in the year. Including one involving guns:
Previously, gun owners could carry a concealed weapon in public by passing a criminal background check and completing a gun safety training class in order to get a permit.
On the final day of the 2016 legislative session, lawmakers approved a bill eliminating those requirements and allowing someone to carry a concealed firearm in public without a permit.
Nixon vetoed the bill because he said it would allow “individuals to legally carry a concealed firearm even though they have been or would be denied a permit because their background check revealed criminal offenses or caused the sheriff to believe they posed a danger.”
Joining Nixon in opposing the bill were groups representing law enforcement officers around the state, such as the Missouri Police Chiefs Association, along with the state’s four Catholic bishops.
Proponents have argued that the change is about public safety. The legislation, according to the National Rifle Association, “seeks to expand the fundamental right to self-defense of Missourians and strengthen their ability to protect themselves and their families.” (Kansas City Star)
Some additional specifics:
The expanded right to concealed carry takes effect Jan. 1. Changes in rules for “stand your ground” are effective Oct. 14.
The only section that became law immediately with Wednesday’s override vote says that service personnel whose concealed-carry permits expire while they are on active duty can get renewals without penalty for two months after discharge. (Post-Dispatch)
Below is today’s poll question:
The poll will be open until 8pm tonight — unless I see a spike in traffic that suggests one side or the other is rally people to influence the outcome. If that occurs, the poll will be closed immediately. However, I do expect a higher than usual number of responses. This is a non-scientific poll.
September 16, 2016Featured, Politics/PolicyComments Off on Re-Vote 78th House District Today, Absentee Ballot Process, Legal Challenge In 5th Ward Democratic Committeeman Race
On Monday a 3-judge appellate court heard Penny Hubbard’s appeal to the Sept 2nd circuit court ruling that tossed out the results of the August 2nd primary in that race, ordering a special election for today. I was in the courtroom for the opening arguments in the circuit case and for the appeal earlier this week. The appeal was much quicker. Both sides had filed briefs, and each got 10 minutes to make their case to persuade to panel to affirm or reverse the original decision. Hubbard’s team also got 2 minutes for rebuttal. Done within a half an hour!
The Appellate courtroom in the Old Post Office
Their decision in the expedited case came out less than 24 hours later, affirming the lower court’s ruling. Today’s special election will take place. Registered voters in the 78th district need to vote today — hopefully for Bruce Franks From Tuesday’s opinion:
C. Trial Court’s Findings and Conclusions In its Memorandum, Order and Final Judgment (“Judgment”), the trial court found the Board “disregarded” the “tedious and specific statutory process” created by the Missouri legislature and stated the statutory provisions “must be specifically followed.” Furthermore, the trial court was “firmly convinced” that the irregularities in the collection and acceptance of absentee ballots “affected the outcome of the election,” and the irregularities were more than “petty procedural infirmities” that violate election law. Although, the trial court found that the number of votes in dispute was 238, the trial court concluded that 142 of those votes, in addition to the 8 votes the parties stipulated were improperly counted, “violated Missouri law” and exceeded the apparent margin of victory (90 votes). Accordingly, the trial court held that the irregularities were of “sufficient magnitude to cast doubt on the validity of the initial election,” and it ordered the Board to conduct a “special election” for the District on Friday, September 16, 2016. Hubbard now appeals.
…
In her first point on appeal, Hubbard contends the trial court erred in ordering a new election pursuant to § 115.549, RSMo 2000 because the Board’s failure to require the use of absentee ballot envelopes for absentee voting on electronic voting systems, even if deemed an irregularity, in the absence of fraud, was not of sufficient magnitude to cast doubt on the validity of the initial election. We disagree.
…
In her brief, Hubbard argues the trial testimony showed that poll workers at the central location used ballot applications of in-person voters in lieu of the ballot envelopes and that the difference between the two is “a distinction without a legal difference.” We disagree. Evidence at trial demonstrated the application for an absentee ballot is not notarized, does not indicate a person is signing under penalty of perjury and is not labeled as an affidavit. However, the statement on a ballot envelope is an affidavit, made under penalty of perjury, and required to be notarized unless the person is voting absentee due to their incapacity or care of another who is incapacitated. Additionally, the application does not use the statutory language from § 115.283.1 which provides, in great detail, the requirements of the ballot envelope.
…
The evidence at trial does not support the conclusion that the application’s warning thatmaking a false statement on the application can subject the signer to criminal penalties is substantially equivalent to the voter making a sworn statement, notarized by a notary public, that they are lawfully casting their vote under Chapter 115. The intent behind each is significantly different; in applying to vote by absentee ballot, the applicant is stating they understand the penalty for making a fraudulent application is a Class One Election offense. Whereas, on an absentee ballot, the signor is making a covenant that they have lawfully cast their vote, the information included within their ballot envelope is true, and they will not cast another vote in the same election. We find there is a significant legal distinction between thevoters’notarized sworn statement on an absentee ballot envelope and their signature on the application for an absentee ballot.
Basically, the St, Louis Board of Election didn’t have the authority to permit absentee balloting in a manner different than what’s outlined in Missouri’s statutes. They’ve scrapped their secondary process and are now following the process outlined by law. If Missouri should implement a vote by mail process to replace the absentee process.
For those of us in the 5th Ward this isn’t surprising.
For weeks, debate surrounding the Aug. 2 Democratic Primary has focused on irregularities in absentee voting, some of which were featured in an Aug. 31 Post-Dispatch report. But the information gathered by the newspaper suggests that members of state Rep. Penny Hubbard’s family were seen on Election Day in or near two polling places. State law bans electioneering within 25 feet of the door of a polling place.
In one instance, Hubbard’s husband, Rodney Hubbard Sr., a candidate for Fifth Ward committeeman, parked his Mercedes in the grass a few feet from the entrance of a polling site at the Carr Square Tenant Management Corp. and watched voters come and go, two campaign workers say. (Post-Dispatch)
Just like Bruce Franks, Rasheen Aldridge won the election day voting at the polls in his race against Rodney Hubbard for 5th Ward Democratic Committeeman. Even with absentee ballots included, Aldridge won six of eight precincts in the 5th Ward — but two precincts had an overwhelming number of absentee ballots and voters for Hubbard. With Franks having successfully challenged the August 2nd primary results in court, Aldridge is raising money to do the same in his race.
Dave Roland, the attorney who represented Franks, is also legal counsel for Aldridge.
“The election between Aldridge and Rodney Hubbard Sr. was plagued by precisely the same illegalities that the courts found in Franks v. Hubbard,” Roland said Wednesday morning after filling a petition with the St. Louis Circuit Court contesting the results.
Roland said it was “indisputable” that at least 113 of the absentee votes counted in the Democratic committeeman race should not have been counted because they were cast improperly. That number includes 71 absentee ballots cast without the use of envelopes, something state law requires, as highlighted in a Post-Dispatch report. An additional 42 ballots were placed in envelopes not fully filled out. In his filing, Roland lists the names of the 113 voters he said had cast absentee ballots inappropriately. (Post Dispatch)
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