REVIEW
A U N I T E D V O I C E F O R M I S S O U R I M U N I C I PA L L E A G U E C O M M U N I T I E S
THE MISSOURI MUNICIPAL
January/February 2024
www.mocities.com 1 Utility Damage Prevention | Disaster Recovery | Inflation and Planned Construction
Beyond investing MOSIP has provided comprehensive investment management services, education, and support to Missouri school districts, counties and other political entities since 1991.
Learn more at
mosip.org
This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Missouri Securities Investment Program’s portfolios. This and other information about the Program’s portfolios is available in the Program’s current Information Statement, which should be read carefully before investing. A copy of the Information Statement may be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website at www.mosip.org. While the MOSIP Liquid Series seeks to maintain a stable net asset value of $1.00 per share and the MOSIP Term portfolio seeks to achieve a net asset value of $1.00 per share at the stated maturity, it is possible to lose money investing in the Program. An investment in the Program is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Shares of the Program’s portfolios are distributed by PFM Fund Distributors, Inc., member Financial Industry Regulatory Authority (FINRA) (www.finra.org) and Securities Investor Protection Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is an affiliate of PFM Asset LLC. 2 Management theReview January/February 2024
THE MISSOURI MUNICIPAL
January/February 2024; Volume 89, No. 1
CONTENTS Features 8
Planning For A Great Damage Prevention Program For Utilities
12
Disaster Recovery Is Not A Sprint
8
by Randy Norden
by Amanda Wilbers
16
What Does Inflation Mean To A Municipality? And How It Could Impact Planned Construction by PFM Asset Management LLC
20
Missouri's Safety Circuit Rider Is Ready To Assist Local Agencies With Roadway Safety by Lauren Gehner
21
Missouri's LTAP Scholars Program Promotes Workforce Development by Dr. Heath Pickerill
22
23
EPA, Army Amend WOTUS Rule In Response To Supreme Court's Sackett II Ruling by Jim Price
23
What The New WOTUS Decision May Mean For Missouri Municipalities by Ramona Huckstep
Departments
29
4 6 24 26 29 37
President's Review
39
Computer-Based Exams Available For Operator Certification
Director's Review Getting To Know You: James Eckrich Getting To Know You: Haden Mattke Around The State Battlefield's Fitness Court Offers Outdoor Wellness
by Darlene Helmig
42
Missouri Rural Water Association Apprenticeship Program by Billy Everett
44 46
MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Matt Turner, Alderman, Harrisonville; Vice President: Len Pagano, Mayor, St. Peters; Immediate Past President: Michele Deshay, Mayor, Moline Acres; Judy Bateman, Alderman, St. Peters; Damien Boley, Mayor, Smithville; *Chuck Caverly, Council Member, Maryland Heights; Bryant DeLong, Mayor, North Kansas City; Reed Dupy, Council Member, Chillicothe; *Joe Garritano, Council Member, Wildwood; Jerry Grimmer, Council Member, Bridgeton; Cemal Umut Gungor, City Administrator, Grandview; *Chris Lievsay, Council Member, Blue Springs; Ken McClure, Mayor, Springfield; Sheryl Morgan, Clerk, Blue Springs; Lori Obermoeller, Finance Director, Creve Coeur; Thomas Oldham, Council Member, Sedalia; Ryana ParksShaw, Mayor Pro Tem, Kansas City; Steve Rasmussen, City Manager, Cameron; Marcieta Reed, Alderman, Vinita Park; *Matt Robinson, Mayor, Hazelwood; Mike Roemerman, Mayor, Ellisville; *Kathleen Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Erin Seele, City Attorney, Kirkwood; Robert Smith, Council Member, Poplar Bluff; Gerri Spencer, Alderman, Kearney *Past President AFFILIATE GROUPS Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association EDITORIAL Laura Holloway, Editor Lholloway@mocities.com Richard Sheets and Lori Noe Contributing Editors GRAPHIC DESIGN Rhonda Miller The Review January/February 2024; Volume 89, No. 1 The Missouri Municipal Review (ISSN 00266647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri. Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109. To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at info@mocities.com. Website: www.mocities.com.
Member News MML Calendar Of Events
www.mocities.com
3
President's Review
by Matt Turner, Alderman, Harrisonville, and MML President
90 Years Strong This year marks 90 years since the beginning of the Missouri Municipal League as we know it today. Today’s MML is the third association of municipalities to be established in Missouri. While there was general agreement that Missouri cities would be more effective when collaborating, early attempts to maintain an association proved difficult. The first association formed in 1908, but never exceeded 30 cities. In the late 1920s, a group was formally incorporated with the same basic objectives as the 1908 league, but similar difficulties in launching an organization kept it from growing to more than 36 cities.
"
With Missouri cities continuing to work together, as we have for nine decades, I have no doubt this year will bring success in the development, preservation and enjoyment of our local communities.
"
The first formal meeting of the Missouri Municipal Association of Mayors and Other Municipal Officials was held on March 16, 1934. Twenty-eight officials from 18 cities participated in this meeting in Lowry Hall at the University of MissouriColumbia. The first annual meeting of this organization was held in 1935, at the Tiger Hotel in Columbia, Missouri. Thirty-eight people attended the oneday session, that included a business meeting and discussions concerning the municipal reference service. Since then, the League has seen tremendous growth to 650 municipalities as members. Services have increased exponentially to full-time advocacy at the state and national level, a membership inquiry service, sample materials for cities, an online library of resources, handbooks and other publications, regional meetings, statewide trainings and so much more. If you are relatively new to MML, take a little time to see how the League can serve you. One outstanding opportunity coming up is the 2024 MML Legislative Conference Feb. 20-21 in Jefferson City, Missouri. It is an ideal time to get the latest news on the legislative topics that most directly affect your municipality and the citizens you serve. In addition, meet with peers and discuss strategies to keep your community strong, then visit with your local legislator and share the needs of your community.
Watch for the Legislative Bulletins and Alerts from MML that begin this month and continue through the Missouri legislative session. Your voice makes a strong impact with your local state legislator, and your citizens will benefit from your efforts. If you are not receiving the weekly bulletins, be sure to contact MML at info@mocities.com. With Missouri cities continuing to work together, as we have for nine decades, I have no doubt this year will bring success in the development, preservation and enjoyment of our local communities. I wish you all the best in 2024 and look forward to seeing you at the Legislative Conference in February!
MML Legislative Conference Feb. 20-21, 2024 Jefferson City, Missouri Register at www.mocities.com. 4
theReview January/February 2024
2024 IMPORTANT DATES! January
June August
23
1 – City clerk provides State Auditor with report of bonds and coupons retired by the city since the previous report (§ 108.260 RSMo) 3 – First day of Missouri Legislative Session 23 – Final certification date for April 2 municipal election
31
31 – Deadline to file bond issuance report to DED (Chapter 100) (§ 100.105 RSMo)
27
27 – Final certification date for November 5 general election
28
28 – New state statutes go into effect (Mo Const. Art. III, § 29)
1 3
31
31 – Submit W-2s and 1099s to IRS. Also distribute to employees. May also be required for TDDs, CIDs, & 353 Corporations. (26 U.S.C §6051 (W-2) and 26 U.S.C. §6041 et seq. (Form 1099))
February 6 21-22
6
21-22 – MML Legislative Conference
March 1
1 – Deadline to submit MML Innovation Awards application
1
1 – Deadline to submit MML Annual Conference speaking proposals
April ASAP (At the first meeting of the council or asap as soon as possible.) – Collector to make list of delinquent property taxes (§ 94.320/94.170 RSMo) 2 2 – Municipal Election Day 8 – Deadline for estimated tax rate to 8 County Clerk (§ 137.243 RSMo)
May
6 – Election Day
September 1
6 – Bond Election Day
28-29 – Submit report to DED of businesses that have relocated to a TIF district (§ 99.810.3 RSMo) or development 28-29 area under MODESA (§ 99.980 RSMo)
7-13
6-7 – MML Elected
6-7 Officials Training Conference
1 – Deadline to set property tax levy for non-charter county cities (cities in charter counties, deadline is October 1) (§ 67.110 RSMo)
15-18 15-18 – MML Annual Conference
15
15 – Deadline to re-adopt the city’s personal financial disclosure policy
October 1
1 – Deadline to set property tax levy for charter county cities (cities in non-charter counties, deadline is September 1) (§ 67.110 RSMo)
November 5 15
5 – Election Day 15 – TIF Annual Reports due (§ 99.865 RSMo)
December 10
10 – First day for candidate filing for 2025 municipal election. Office must open at 8 a.m.
31
31 – Last day for candidate filing for 2025 municipal election. Office must remain open until 5 p.m.
7-13 – Missouri Local Government Week
17
17 – Last day of Missouri Legislative Session
28
28 – Final certification date for August 6 general election
Note: Cities must publish the semi-annual financial statements and submit the annual financial report to the state auditor. Deadlines for these important documents depend on the start of the city’s financial year. Significant penalties may result from failing to comply with any of these provisions. www.mocities.com
5
Director's Review
by Richard Sheets, Executive Director, Missouri Municipal League
An Essential Choice No one likes taxes, but nearly everyone wants police and fire protection, safe streets, commercial activity, parks and neighborhoods free from dangerous nuisances. However, these essential public services come with a price tag. Supplies and materials have to be purchased and people must be hired to provide these services. Societies have three choices: go without public services, leave it to individuals to provide them or pay for these services through a system of taxation. We have learned through the ages the dangers of turning over control of vital public services such as streets, police, fire and land use coordination to private businesses or individuals. The reasons for this societal decision to fund and manage and pay for these vital public services though taxation is obvious. When responsibility is left in the hands of a few private companies, the cost of these important public services are high and access becomes limited to those who can pay.
"
Taxes are essentially public funding of vital public services. Voters choose these taxes at the ballot box and how the taxes are used.
To some in the Missouri General Assembly, the lessons learned from the past have been lost or conveniently forgotten. In the upcoming legislative session, many bills have been introduced to exempt multiple items from local sales taxes or to reduce property taxes. These attempts to reduce local revenue sources, which pay for public services, have bipartisan support. Exempting food from local sales taxes has received the greatest attention. Such proposals make for good media sound bites and campaign slogans, but in reality, are poor and dangerous public policy decisions. Local sales taxes range from ½% to 6%. With the average family of four spending approximately $250 a week on groceries, these families pays $60 to $720 a year in local sales taxes. That is a bargain price for protecting their family and home, and far less than the profit-driven private sector would charge. No one likes taxes, but no one would prefer the alternative.
"
Taxes are essentially public funding of vital public services. Voters choose these taxes at the ballot box and how the taxes are used. We elect our friends and neighbors to be watchdogs, looking out for abuse. Are we in a time that we do not trust ourselves or our neighbors? I sincerely hope not. I hope to see a higher level of confidence in how local government services improve our municipalities, encouraging growth and protecting citizens. Your MML Advocacy Team will work hard this year to share the pressing needs of municipalities, but I invite you to share your voice with state legislators as well. I am always available to assist with questions and talking points you may need, and League staff will assist with resources to empower you in discussions with state officials. Be sure to check out the new MML Legislative Toolkit on the Legislative Activity page of the League website. The toolkit will help you learn more about the legislative process, how to read a bill, important communication strategies for meeting with legislators and a glossary of legislative terms. This guide will help you better understand the legislative process and how you can help ensure your municipality’s voice is heard. MML has also added a form on the same page of our website where you can report your communication with legislators. This Legislative Reporting Form is crucial for the MML advocacy team as we coordinate follow-up materials and daily communication with state and federal legislators. Be sure to complete this form if you have called, emailed, or visited your state or federal legislator. I look forward to sharing your voice with state legislators this year and working together to showcase the great work you do, and why local government taxes are crucial for vibrant communities.
6
theReview January/February 2024
PROVIDING HIGH-QUALITY WATER IN MISSOURI FOR MORE THAN 140 YEARS At Missouri American Water, we hold ourselves to the highest standards in providing safe, clean, reliable and affordable drinking water. Our team consists of the industry’s leading researchers, scientists, and plant operators committed to our mission of delivering high-quality water to our customers, now and for the future. Learn more about how we can help your community by contacting us via email: MOAWBusinessDevelopment@amwater.com.
EXPERTS IN MUNICIPAL BOND FINANCINGS
Lorenzo Boyd Managing Director lorenzo.boyd@stifel.com (314) 342-8477
Trisha Duncan Vice President duncant@stifel.com (314) 342-2740
esrockb@stifel.com (314) 342-2923
Martin Ghafoori Managing Director ghafoorim@stifel.com (314) 342-8467
Mark Shamleffer Managing Director shamlefferm@stifel.com (314) 342-2740
Michael Short Managing Director shortm@stifel.com (816) 203-8739
Conner Swanson Analyst swansonc@stifel.com (816) 203-8731
Becky Esrock Vice President
501 North Broadway | St. Louis, Missouri 63102 4801 Main Street, Suite 530 | Kansas City, Missouri 64112 Stifel, Nicolaus & Company, Incorporated | Member SIPC & NYSE | www.stifel.com
Colin Hilpert Analyst hilpertc@stifel.com (314) 342-8439
Public Finance
www.mocities.com
7
FEATURE Review
by Randy Norden
Planning For A Great Damage Prevention Program For Utilities
“Good is the enemy of great.” This is something I try to live by personally and professionally. If you strive for good enough you will never achieve greatness, but only achieve what is sufficient to get by. Such is the case when it comes to a damage prevention program for a city, village, or any type of utility. It does not matter the size of your utility – striving for safety and preventing damage to underground utilities will have huge payoffs on the city’s pocketbook and well-being. Damage prevention is a term that applies to many things, but in the utility world it means mitigating the risk of damage to utility infrastructure 8
theReview January/February 2024
from excavation activities and overlays to include the prevention of human injury or death. Many conveniences and services lie underground in the form of drinking water, sanitary sewers and storm sewers, and the internet, gas, and electricity. Installing utilities in the underground public rights-of-way has served the public well for years. However, it is getting crowded underground. Back in 1985 when Missouri’s Underground Facility Safety and Damage Prevention Act was passed, now known commonly as the “One Call Law,” or more specifically, Missouri Statute Chapter 319, it was feasible to stand in rural Missouri and say, “Yeah,
there is nothing underground here.” This is not so much the case in 2024. It is exceedingly difficult to find an area where underground utilities are not present within Missouri even within the remotest rural parts of Missouri. In the more populated areas, a great deal of utilities are buried in the ground and it is difficult to excavate to make repairs or improvements without running the risk of damaging utilities and potentially causing great human harm. Another key factor that has changed since 1985 is the advancement of excavation that has moved far ahead of the abilities to locate underground utilities. An excavator can dig more feet
per day than 30 years ago, and with more sophisticated tools, but it is still a labor and time-intensive process to identify the accurate location of underground utilities and mark them properly. Municipalities may possess drinking water, wastewater, stormwater, gas lines, electric lines, street trafficking systems, and even fiber or broadband. A city may be a utility owner and an excavator. How does a city help protect utilities from damage, interruption of services, enhance economic growth, and protect the lives of staff when excavating? Your city must have a great working damage prevention program.
Another key factor that has changed since 1985 is the advancement of excavation that has moved far ahead of the abilities to locate underground utilities. An excavator can dig more feet per day than 30 years ago, and with more sophisticated tools, but it is still a labor and time-intensive process to identify the accurate location of underground utilities and mark them properly.
The first thing you can do is to contact Missouri 811 (formerly known as Missouri One Call or commonly known as Dig Rite) and have a damage prevention manager visit with you. The damage prevention manager can not only help you set up a damage prevention program but also provide training for staff about the legal requirements of Statute 319, how to properly submit and manage excavation tickets and provide beneficial information about safety. Your damage prevention program should address the following areas:
location of your underground utilities. If you share a read-only permission to your GIS maps with your Missouri 811 account, then you can show a temporary overlay of where your utilities are on the excavator ticket so they can view the exact utility location. It is safe and secure with no additional work on your part; and it helps improve damage prevention! Finally, it is important to keep your notification area up to date with Missouri 811. State law requires you to update your notification area at least once per year, but it is best to keep it updated as changes occur because that allows the best representation to excavators who are digging near your underground utilities.
Mapping
Operations
In a perfect world, utilities would be mapped with pinpoint accuracy on content and location using GIS. The reality is perfection in our mapping scenarios is not yet achievable, but we can strive for excellence. Especially for municipalities, it is possible utilities have been in the ground for years, if not decades, and employees simply may have no idea of the exact location. However, I did just mention GIS. I strongly urge you to move in that direction and do not rely on “as-builts” or someone’s memory. Utilizing a GIS tool for your mapping not only allows you to document your mapping, but it also allows you to update that map with digital ease. GIS mapping tools have great benefits, such as being able to make notes and annotations on the map, as well as linking accounts to the map. One additional GIS benefit is in the
The operations portion of a damage prevention program could very well warrant its own article due to the unique intrinsic needs for each municipality. The operational components that every municipality should address are: • What are the standard operating procedures when the municipality is excavating? • What are the standard operating procedures when the municipality is responding to excavations, i.e., locating? • What are the standard operating procedures of the municipality when establishing ordinances and/ or a permitting system regarding excavators? Likewise, your municipality may consider hiring a third-party company to perform utility locating. Please consider
Where To Begin
that even though a municipality contracts this service, it is still the municipality’s legal responsibility to ensure the proper actions happen when responding to a locating ticket. Do not just pay invoices; manage your contract with your locating company. It is advisable that you, as the municipality, monitor ticketing activity and pay especially close attention to performance.
Training Always keep an eye on our website, www.missouri-811.org and watch the events and training page. Missouri 811 provides free training to excavators and utilities, and will post training events well ahead of time. Additionally, Missouri 811 will work with organizations such as the Missouri Municipal League to share training opportunities. Recommended training includes:
Municipal Administration • Legal requirements relating to Missouri Statute 319. • Membership requirements for your municipality’s Missouri 811 activity. • How to maintain your Missouri 811 account and keep contact information and mapping up to date.
www.mocities.com
9
Municipal Operations • Utilizing the Missouri 811 iSite Ticketing System to properly enter locate requests and manage tickets involving your utility. • How to prop erly lo cate and mark underground utilities in accordance with Common Ground Alliance best practices. See www. commongroundalliance.com • How to properly create and close tickets involving excavations within your notification area. • How to properly initiate and execute a locate request (as an excavator) and understand the best practices as established with Common Ground Alliance best practices. Training does not have to mean traveling to sit in a classroom. Two other opportunities exist to serve your needs: Missouri 811 damage prevention managers and the member operations manager; and the Missouri 811 Learning Management System. Missouri 811 staff will come to your location and provide personalized training for you and your staff covering comprehensive subjects or tailor-made to specific subjects. Additionally, this provides an opportunity to establish a relationship with Missouri 811 staff to help if you experience issues with an excavator, ticketing, getting locates done on time, or questions about how to update your information or mapping. These services are free of charge. The Missouri 811 Learning Management System offers professional online training. Accessible at the Missouri 811 website, the Learning
Join us in our commitment to keeping Missouri’s underground infrastructure safe. MISSOURI-811.ORG
Manage me nt Sy ste m of fe rs t he opportunity for staff to log in and work through training modules that are more than just watching a video. The courses are topic-specific and to complete the
Missouri 811 staff will come to your location and provide personalized training for you and your staff covering comprehensive subjects or tailor-made to specific subjects. Additionally, this provides an opportunity to establish a relationship with Missouri 811 staff to help if you experience issues with an excavator, ticketing, getting locates done on time, or questions about how to update your information or mapping. These services are free of charge.
10
theReview January/February 2024
course, the trainee must move through the material and answer questions before moving on. Once completed, the trainee will receive documentation of completion. The courses can begin at any time and are self-paced. This learning system is free of charge. Your municipality is a member of Missouri 811 and we are here to serve you. If your municipality, regardless of size, does not have a damage prevention program, I strongly encourage you to develop one. Contact Missouri 811 for assistance for this program at any time. Contact me at any time regarding your ideas, challenges and suggestions on making damage prevention an easier task to live with. If I can help you, then we will both be pursuing greatness instead of just settling for good enough. Randy Norden has worked within the public utilities industries in Missouri for 31 years through the Missouri Department of Natural Resources, on staff and as executive director of Missouri Rural Water Association, Business Development for Missouri Public Utility Alliance, and now serves utilities as the executive director of Missouri 811 (formerly known as Missouri One Call.)
GROWING SUSTAINABLE communities Conference
april 23-24, 2024
Attend the
largest sustainability conference in the midwest
This conference is packed with comprehensive, impactful, and actionable sustainability ideas, plans, and best practices for local government and business professionals. Sponsored by
PRESENTED BY
Grand River Center in Dubuque, Iowa
POWERED BY
Learn more at www.gscDUBUQUE.com www.mocities.com
11
FEATURE Review
by Amanda Wilbers
Disaster Recovery Is Not A Sprint Have you ever known someone who was training for a marathon? Maybe that person is a family member, friend or even just a social media contact. You will probably see posts or pictures of their race day and hear results of how it went. What you may or may not see is all the preparation happening behind the scenes to get ready for marathon day. There is the training plan, including days to run and days to rest, and increasing distance over time. There is finding the right equipment, such as the right shoes, clothes, belts, hydration vests, headphones, etc. There is also finding the right food to fuel your body before and during the race. A runner not properly prepared may have a much higher risk of injury and will have a very difficult race. Preparation for disasters is not much different. We develop planning documents, participate in exercises and trainings based on those plans, purchase and maintain the equipment, and recruit, hire and train teams. The most difficult part is we do not know when race day will come. Some disasters strike with little to no warning; in order for our communities to be resilient, we must continue to be prepared at all times. Disaster recovery will always be a marathon rather than a sprint, but the steps we take to prepare now will determine how well we race.
What Does It Mean For A Community To Be Resilient? According to the United Nations Office for Disaster Risk Reduction, resilience is defined as “the ability of a system, community or society exposed to hazards to resist, absorb, accommodate, adapt to, transform and recover from the effects of a hazard in a timely and efficient manner, including through the preservation and restoration of its essential basic structures and functions through risk management.” It is essential to be proactive and not wait for an incident to occur to familiarize ourselves with what recovery may look like in our communities. How can we get ahead? Realistically, no one can know when something will happen and the magnitude. However, there are steps that can be taken now to set ourselves up for success. Each community has potential risks, and it is essential for community leaders and citizens to know and understand 12
theReview January/February 2024
those risks. Collect and analyze the data for your community to understand the highest risks and help provide a starting point. Typically, during the response phase of a disaster, local jurisdictions follow the effective command and control structure. However, the recovery phase happens at a different pace and is best achieved through building consensus. Collaboration and participation at all levels throughout the community is required. The planning phase is an excellent time to engage with businesses, nongovernmental organizations and faith-based entities. Learn more about what resources these groups can provide and what gaps may still be remaining. Building strategic partnerships prior to a disaster contributes to an integrated system, resulting in a more efficient and impactful response. These networks will contribute to a seamless transition from response to recovery.
Where To Begin One beneficial step is to reach out to the Missouri Voluntary Organizations Active in Disaster (VOAD). The MO VOAD has a large list of members with various specialties to assist when disasters occur. Your community could also create a Community Organizations Active in Disaster (COAD) group, that mirrors the MO VOAD. To learn more, visit SEMA’s website at https://sema.dps.mo.gov/programs/emergencyhuman/services.php or reach out to any member of SEMA’s Emergency Human Services team by calling (573) 526-9100. Everyone has a role in building resilience. Individuals and families should take steps to prepare their homes. This includes creating go-bags, reviewing insurance policies or mitigating potential hazards For example, installing wind
In a recent interview with Ron Walker, mayor of Taos, Missouri, SEMA asked a few questions about resilience in his smaller community. What does disaster resilience mean to you? Being resilient is really a team sport. For our small town of Taos, we only have a couple part-time employees, so at times we need to rely on contractors to assist during events. Jefferson City is close and can assist with some things along with county government as well. I am always appreciative of those entities who have more resources and are willing to share. Resilience is also a mindset. We have to think broadly sometimes to solve problems in events we have not encountered before. Sometimes we can join with our partners to try something new. Resilience is not just what we can do right now, but can we network with our partners to provide a better outcome, which is a concept we are always working on.
How effective is the role of citizens in making their community resilient? This is hard to gauge until you have an event. However, you can get indicators by watching how other nondisaster related activities occur in your community, such as volunteers working together and faith-based groups, such as our local parish. We have community events throughout each year where we see a lot of people come together to make them successful.
What is one step you would encourage citizens to take to build resilience? If I could get citizens to do one thing regularly, it would be for them to get connected to a local information source that alerts them to potential hazards. An example for our town would be to follow updates from our local emergency management office, which is Cole County for Taos residents.
What type of disaster do you believe your community is most likely to experience? We are most likely to experience typical wind threats. Fortunately, we do not have much floodplain. We do also have potential impact from the nuclear plant in the next county if something were to occur. That would be a shelter-in-place type scenario, and is an example of when effective messaging would come into play.
What do you think is the best method(s) for reaching out and engaging with your citizens for anything disaster related? Taos has a website. Internet-based communication is most broadly used these days and becoming increasingly more reliable, but it is a problem to continue to get traffic to the website.
What is one step you would recommend your fellow leaders throughout the state take to build resilience in their community? Cole County has a small community workgroup that meets once a month. There are multiple presentations at this meeting to share information. This gives everyone a chance to talk about their community and challenges they are experiencing. We are able to share experiences, problems, information, ideas and solutions. We are not on an island, and we can work together as a team. I have learned we all have similar occurrences, and there are many resources. Find information about what neighboring communities are doing.
What resources do you believe would improve the ability of your community to address disaster readiness? We currently have some informal agreements with folks to help us take care of issues when they arise. Some more formal type of agreements may be an enhancement. This could help with lighting, streets, fire service, etc. However, in our rural town, we have a lot neighbors helping, because it is the right thing to do. Looking at the history of critical incident response, it is often neighbors helping neighbors.
Can you share an example of a time you saw resiliency in action or where efforts to build resilience in your community paid off? I have only been the mayor for two years now, but every year in our community, I see large group events with strong civic-minded people working together to ensure it is successful. I believe if we have some kind of event, these same people will be there for us. Every community has indicators of what kind of strength it has.
Ron Walker has more than 40 years of service with the Missouri Department of Public Safety. He retired in 2020 as the director of the State Emergency Management Agency. Prior to his position with SEMA, he served in the Missouri State Highway Patrol for 35 years where he eventually became the assistant commander for the Field Operations Bureau in Jefferson City. Mayor Walker served as an alderman in Taos prior to being elected mayor.
www.mocities.com
13
straps or hurricane clips for high wind resistance. The “Ready in 3” program is a resource community members can utilize to assist with their planning efforts. Additional information about this program can be found at https://health.mo.gov/ An aspect of planning for disaster recovery emergencies/readyin3/. Business owners can complete that cannot be overlooked is administrative similar steps, but it is also important to plan for continuity of operations if a disaster were to occur. Businesses can learn functions. Record retention is vital to about available resources available through agencies such as maintaining public infrastructure. Examples of Missouri’s Department of Labor and Industrial Relations. The role of state and local officials is to coordinate with this may include keeping records of installing community, state and federal partners to make decisions and a culvert; performing routine maintenance on fully utilize all of the resources these entities can provide to the impacted communities. roads; park repairs; and power line repairs. Public outreach and education is another necessary step for increasing community resilience. As governments and organizations begin the recovery planning process, they can share information and educate community members on disaster impacts and develop long-term strategies for planning efforts. Engagement and education with individuals recovery. Not all of the RSFs are needed for each disaster as it and households may increase community members’ sense depends on the primary issues for each event. This framework of empowerment and understanding of what potential has the ability to be adopted at the local level, depending disaster recovery might look like for them. Meet citizens on local resources. To view the MDRF, you can visit https:// where they are and adapt communications to what will be recovery.mo.gov. best received. Offer consistent and accurate information. Preferred communication methods vary, making it important Each community is different and no one knows the to create a blend of offline and online methods to maximize strengths and weaknesses better than those who live there. We engagement. Online methods could include email, social can continue to plan and mitigate potential threats through media and websites. Offline methods could include flyers, education, partnerships and networking. Are you ready for phone messages or news (online or offline.) During public race day? outreach, ensure citizens with disabilities, language barriers, Amanda Wilbers has served as state disaster recovery coordinator access or functional needs are considered. with the Missouri State Emergency Management Agency since March An aspect of planning for disaster recovery that cannot be 2023. Prior to this role, Amanda served as the operational excellence overlooked is administrative functions. Record retention is coordinator for the Department of Public Safety for three years, where vital to maintaining public infrastructure. Examples of this she focused on data collection, strategic initiatives and employee may include keeping records of installing a culvert; performing engagement. routine maintenance on roads; park repairs; and power line repairs. Failure to keep this documentation can hinder Commercial Litigation* certain processes should the disaster Litigation - Municipal* event become a federally-declared event. Performing necessary routine Medical Malpractice maintenance on public infrastructure will Defendants* also ensure that certain recovery projects Eminent Domain and are eligible for assistance following a Condemnation Law federally-declared event as well. Municipal Law* Finally, establishing a framework Corporate Law* is another great step towards building Land Use and Zoning resilience. Missouri has a Disaster R e c ov e r y Fr a m e w o r k ( M D R F ) , Real Estate Law* mirrored after the National Disaster Workers’ CompensationRecovery Framework (NDRF). The Employers MDRF identifies seven Recovery Support Condemnation Functions (RSFs) to coordinate recovery Trusted. Advice. Advocacy. Value. efforts. The RSFs for Missouri include economic, health and social services, * Hamilton Weber LLC has been ranked a Metropolitan St. Louis “Best Law Firms” housing, infrastructure systems, natural (2023 Edition) in six practice areas by U.S. News and cultural resources and agriculture. The leads of each RSF are subject matter www.hamiltonweber.com | 636.947.4700 experts who can assist in assessing 14
theReview January/February 2024
EMERGING RISKS Repair and Maintain Dated Infrastructure
Budget Constraints
Cyber Risk and Emerging Technologies
The contrast between evolving exposures, litigation trends and the acute pressure to reduce costs is significant. Aligning budgets to sometimes inadequate public funding creates a complicated web of choices. You deserve a partner that understands the weight of your responsibilities. By staying on top of potential threats, we can help you plan and control for emerging risks through documented and measured strategies. Call us today to evaluate the many factors affecting your unique risk profile.
OllisAkersArney.com
417.881.8333
Paul Long • Jeff Chronister • Bill Budnick • Ryan Allison • Najem Agnew • Cameron Black • Evan Bradley
www.mocities.com
15
FEATURE Review
by PFM Asset Management LLC
What Does Inflation Mean To A Municipality?
How Inflation Could Impact Planned Construction
One of the topics that regularly arises during our conversations with municipal staff is how current economic realities have affected municipal construction projects in 2023, and are likely to impact projects in 2024 and beyond. One of the primary “pain points” for construction projects has been the impact of inflation, and the variety of ways it has influenced a municipality’s approach to them. Even though the term inflation has been part of the public conversation perhaps more than any other time in the last 40 years, the term itself can still be a mystery and cause confusion. What is inflation, and why is it such a concern for municipality projects right now? In this article, we will offer a brief overview of what municipalities might consider when approaching a construction project in a high-inflation environment.
Defining Inflation Inflation is a loss of purchasing power over time, meaning the dollar will not go as far tomorrow as it did today. It is typically expressed as the annual change in prices for a collection of goods and services. In the United States, there are two primary measurements of inflation. The first is the Consumer Price Index (CPI), which measures the cost of things consumers buy directly, excluding fuel and food. The second is the Personal Consumption Expenditures (PCE) index, which measures things people 16
theReview January/February 2024
consume, but also considers things those consumers do not pay for directly, such as health care. Under typical circumstances, higher inflation can be the result of an economy in which people are spending at a higher rate than usual due to a surplus of cash or credit. If consumers are in a buying mood, businesses may raise prices because they lack adequate supply. Or, companies may choose to charge more because they realize they can do so without losing customers.
Why Is Inflation Such A Hot Topic? Fortunately, the apparent cooling of inflation’s upward trend has entered the conversation. U.S. inflation, as measured by the consumer price index (CPI), has fallen from its peak of 9.1% year-over-year in June 2022 to 3.1% as of November 2023. Note that although inflation has trended lower, prices remain elevated compared to Federal Reserve (Fed) targets as rising energy prices and higher shelter costs continue to put upward pressure on prices.1 In short, the rate of inflation and elevated prices for goods and services are likely to remain a concern and top of mind for many. Some additional background on how we got here and lingering concerns: The spread of COVID-19 and its variants caused factories to shut down and backed up the shipping and transportation of goods, resulting in fewer products being delivered. At the
same time, consumers, who built up larger savings (thanks to months of being unable to leave their homes to spend as well as repeated government stimulus checks), started to purchase goods and services at much higher levels, and continued to buy even in the face of fewer goods and rising prices. Those same consumers are also dealing with increases in rent, fuel and home prices. Furthermore, Russia’s invasion of Ukraine made some materials like steel, crude oil and rubber scarcer and has led, in some instances, to a marked increase in prices.
SMITH&CO. 901 Vine St., Poplar Bluff, MO
AN EMPLOYEE-OWNED COMPANY
573.785.9621
ENGINEERS
WWW.SHSMITHCO.COM
DELIVERING QUALITY PROJECTS TO OUR CLIENTS
How Inflation May Impact A Municipality’s Construction Projects Inflation drives up nearly every element LAND SURVEYING CIVIL ENGINEERING GEOTECHNICAL SERVICES of a construction project, and in an INDUSTRIAL PARKS WATER AIRPORTS SIGNALIZED INTERSECTIONS environment where prices can rise quickly ENVIRONMENTAL SERVICES WASTEWATER BRIDGES ROADS and without much warning, projecting costs and sticking to a construction budget can be difficult to say the least. stay on schedule with current construction projects and map Some of the most common challenges can include: An increase in construction material prices: Construction out a route for future ones. Here are just a few: Assemble project teams: Gather a team of experts that material costs constitute a significant portion of the overall cost of a project. Current inflation trends have pushed prices includes architects, contractors, municipal officials, and higher — sometimes rapidly higher — for materials like steel, financial and investment advisors to bring together knowledge of disparate elements of the construction and financial sectors. soft wood, plastic, copper, gypsum and others. Increase in cost of “secondary” construction materials: This collective expertise puts you in the best, most informed The cost of construction elements including fuel, machinery, position possible to determine the viability and timing of transportation and technology have risen due to inflation. As capital projects, as well as cost saving options when it comes just one example, the price of oil (West Texas Intermediate to the projects themselves. Design intelligently: Work with your architect to make (WTI) crude) rose to $90.79/barrel on Sept. 30, 2023, from $79.49/barrel on Sept. 30, 2022.2 Further, volatility remains design choices that optimize available materials. Consider high. As of Dec. 15, 2023 the price was $71.43/barrel. Elevated alternative building materials to avoid difficult-to-get energy prices have also increased the cost to rent (or buy) materials that tend to be more expensive and can prolong the construction timeline. machinery as well as transport supplies and equipment. Flexibility: When designing the bid package include Increase in labor costs: A shortage of skilled personnel in the construction industry increases project costs since alternatives that allow your municipality to control the final skilled workers seek more pay due to inflation. This shortage cost of the project. If bids come in over expectations, the is especially acute in today’s market due in part to an aging project can be pared back without rebidding. If bids come workforce, and in part because of an exodus from the labor in below expectations, it allows more “nice-to-haves” to be incorporated into the project. market during COVID-19. Plan ahead via cash flow forecasting: Cash flow forecasting All these elements make it challenging for construction managers to develop plans, project construction budgets and is the process of predicting cash flows for the purposes of liquidity management and financial control. A well-seasoned even engage in existing work. investment advisor can work with a municipality to provide a clear picture of expected future cash flows. In some cases, What Can A Municipality Do? the advisor may also provide “laddering” options, that enable It is impossible to predict with certainty when and if the municipality to invest in a way that will achieve a greater inflation will rise or fall, or when prices for materials will finally stability of cash flows. This in turn will help the municipality stabilize – though some have argued that the Federal Reserve better balance the timing of expenditures with the investment Board's increase in interest rates may slow the domestic of additional available funds for longer periods of time. Put economy and lead to a stabilization of prices. Regardless, there simply, make the higher, short-term interest rates work for are steps that a municipality can take, including strategies to you! www.mocities.com
17
No one can predict when service lines
will fail.
Over 240,000 water main breaks occur each year in the U.S.* There are more than 800,000 miles of public sewers susceptible to structural failure.* Join the more than 900 partners that have chosen to work with us to help protect their homeowners. • Educates homeowners about their service line responsibilities • Provides solutions that help address aging residential infrastructure • Offers affordable plans to protect homeowners from the high cost of service line repairs • No cost to the city Contact us to learn more: Emilie Zalfini, Regional Director 412.527.2511 • Emilie.Zalfini@homeserveusa.com www.NLC.org/serviceline
*https://www.infrastructurereportcard.org
Create a holistic financing and investment plan: Work with your investment advisor to develop a holistic investment strategy and financing plan. With higher short-term rates, there are more factors to be considered when implementing a financing plan, including how much cash to use and when, how to integrate any grant funding, when to issue debt and how to structure that debt. A capable investment advisor also has the ability to work with a municipality’s financing team to plan for a bond offering. They may also manage bond proceeds in a manner that both supports a given project and provides the municipality with flexibility within that same project.
It Is Not All Bad News Inflation may not be entirely detrimental to a municipality’s finances. Prices for goods bought by municipalities may go up, but the ability of municipalities to buy in bulk can help mitigate some price increases. As noted above, part of the rise in inflation is due to wage growth in the labor market, that could have a positive effect on tax receipts. Not noted above, but worth mentioning, is that increased housing prices, also a result of inflation, may mean increased real estate tax and new houses placed on the tax rolls.3 In addition, investment rates available to municipalities have moved higher quickly in 2023 as the Fed worked to curb inflation by raising the target overnight rate, a benchmark rate 18
theReview January/February 2024
from which other short-term treasury yields and bank deposit rates are derived. Since March 2022, the Fed has raised its target overnight rate to a range of 5.25-5.50%,4 which is at or near its highest level in more than 20 years. On December 13, the Fed held its key rate steady. Moreover, the median result of the Fed’s dot plot implies three rate cuts from current levels by the end of 2024. It is tempting to make drastic changes or take unnecessary risks to try to follow a potentially outdated construction plan and hedge against the economic climate, or even shelve a project altogether. But adjusting construction planning and financing, based on the best information on hand, will serve a municipality well as the U.S. waits for inflationary conditions to sufficiently moderate. PFM Asset Management LLC (PFMAM) is an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. (USBAM). USBAM is a subsidiary of U.S. Bank National Association (U.S. Bank). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. NOT FDIC INSURED : NO BANK GUARANTEE : MAY LOSE VALUE End Notes: 1 Source: U.S. Bureau of Labor Statistics 2 Source: Bloomberg 3 Source: CoreLogic. U.S. Home Price Insight – December 2022 4 Source: Federal Reserve
While innovating for the future, Missouri community preserves its past through improved operations.
Partnering with Schneider Electric allowed the City of St. Joseph, Missouri to modernize aging critical infrastructure, while respecting and preserving the town’s historical charm. All while saving money via innovative funding to get the job done. Scan to hear about what’s happening in the City of St. Joseph, MO
www.mocities.com
19
FEATURE Review
by Lauren Gehner and Dr. Heath Pickerill
Missouri's Safety Circuit Rider Is Ready To Assist Local Agencies With Roadway Safety At the beginning of 2020, Missouri’s Local Technical Assistance Program (LTAP) followed in the footsteps of many other states’ LTAP Centers and deployed Missouri’s Safety Circuit Rider program. Missouri LTAP provides quality training to cities and counties that make up the local public agencies in the state responsible for constructing and maintaining roadway and bridge infrastructure. The Safety Circuit Rider program, which provides an additional resource to local public agencies, builds on Missouri LTAP’s services by increasing the focus on local roadway safety through free training and technical assistance.
What is a Safety Circuit Rider? While some states have had a version of a safety circuit rider since the late 1980s, the Federal Highway Administration’s (FHWA) Safety Circuit Rider Program began in 2005. FHWA originally funded the position at three LTAP Centers and a Tribal Technical Assistant Program (TTAP) Center, adding three more safety circuit riders within LTAPs the following year. Since that time, starting a program has been left to individual states. At least 20 other states have a Safety Circuit Rider or similar position such as a local field liaison; however, they can vary from state to state. The title could be different, and the position could be housed in different organizations. Additionally, some of the duties may vary, but the overall goal of increasing roadway safety and decreasing serious injury crashes remains the focus. Missouri LTAP center partnered with MoDOT and FHWA to bring the Safety Circuit Rider Program to Missouri. The position was originally funded by a FHWA State Transportation Innovation Council Grant with matching LTAP
20
theReview January/February 2024
for understaffed and under-resourced communities.
What can a Safety Circuit Rider do for you?
Center Sponsored Research Incentive funds. The program continues to be funded through MoDOT’s Highway Safety Improvement Program, or HSIP, identified in the Statewide Transportation Improvement matching LTAP Center Sponsored Research Incentive funds. The initial and continual funding not only shows the importance of the program but also keeps the resource free for local agencies.
Why have a Safety Circuit Rider? Local government agencies own almost 80% of the nation’s route miles and carry only a quarter of the vehicle miles traveled. Unfortunately, they have a much higher rate of fatal and serious injury crashes. Considering those statistics, Federal Highway’s Safe System Approach and Missouri’s Strategic Highway Safety Plan, Show Me Zero, cannot be successful without implementation at a local level. The Safety Circuit Rider can help bring the principles of both to local agencies. Additionally, many agencies are spread thin. Some may lack the resources or technical expertise regarding safety. Many times, they just do not have the workforce to handle all the issues that arise. The Safety Circuit Rider is an oncall resource with the knowledge and ability to help with road safety issues
The Safety Circuit Rider can provide training, technology transfer and technical assistance. The Safety Circuit Rider plans and facilitates safetyrelated workshops, both scheduled and requested, to meet your agency’s needs. The purpose is to facilitate a better understanding of the importance of roadway safety so training can be provided to all staff, including council members and commissioners, not just public works employees. Services include accessing and understanding MoDOT’s crash data; identifying and applying for funding sources; implementing low-cost safety countermeasures and roadside safety strategies; and conducting informal safety reviews. Further, the Safety Circuit Rider stays informed of new and innovative technologies, products, and methods in an effort to make them standard practice across the state. FHWA maintains a list of proven safety countermeasures, many of which are low cost. The Safety Circuit Rider can
The overall goal of the Safety Circuit Rider program is to increase safety on Missouri roadways and make sure more people make it home every day.
help recommend applicable data proven methods for your community to reduce crashes. Prioritizing roadway safety can also be accomplished through local road safety plans. The federal government is currently funding the development or implementation of safety action plans through the Bipartisan Infrastructure Law. Local road safety plans can be used
in a safety action plan. Applying for the federal funding or working on a safety plan without federal funding is another way that the Safety Circuit Rider can assist your agency. The overall goal of the Safety Circuit Rider program is to increase safety on Missouri roadways and make sure more people make it home every day. FHWA, MoDOT and Missouri LTAP are offering
this free resource to increase roadway safety and decrease serious and fatal injury crashes on locally owned roads. Lauren Gehner, PE, is Missouri’s newest Safety Circuit Rider. Contact her with your questions at (314) 624-0474 or Lauren@ GehnerDandS.com. More information can be found at MoLTAP.org.
Missouri’s LTAP Scholars Program Promotes Workforce Development Missouri’s Local Technical Assistance Program (LTAP) provides a valuable resource to cities and other local government agencies across the state with training and resources while recognizing employee achievement in the MO LTAP Scholars Program. LTAP centers in each state are funded in collaboration with the U.S. Department of Transportation’s Federal Highway Administration and the state’s department of transportation. MoDOT has administered this funding to Missouri University of Science and Technology (S&T) to operate Missouri’s LTAP center for more than 20 years. During that time, the program has evolved and expanded to provide muchneeded workforce development training to local public agencies, including city and county road/bridge/public works departments throughout the state. Much of the training is included in the MO LTAP Scholars Program. The Scholars Program was deployed in the summer of 2008 as a way for local agencies to engage employees in training. The objective is to develop qualified local transportation and public works personnel. Individuals are trained in the skills needed to provide an economical transportation system for the people of Missouri. The program provides recognition in the form of certificates and outerwear for completion of the necessary number of classes in each stage of training. Level I requires participants to complete three
core classes that include work zone and flagger training, basic worker safety and communication skills, along with five electives. Graduates receive a certificate of completion and a Carhartt coat. Levels II and III provide participates more flexibility to choose eight courses in each track, from a list of advanced skills courses. Level II graduates receive a certificate and Carhartt bibs while level III awards a certificate and dress jacket. Participants must complete the levels in succession. While many city and county road departments are using Missouri LTAP training for workforce development, some have begun incorporating the Scholars Program into their employee progression plans. This inclusion of LTAP training provides employees with an excellent opportunity to gain new skills as well as increase knowledge in a variety of job-related topics. Lee’s Summit Public Works implemented a training and certification program into their promotion process for employees in their last two labor agreements. For the past four years, Lee’s Summit has utilized Missouri LTAP as part of their training and certification process. Employees are required to complete Level I, in addition to other training, to progress from Operator to Skilled Operator. To advance from Skilled Operator to Senior Operator, employees must complete Scholars Level II, in addition to additional training and
requirements. Lee’s Summit feels the MO LTAP Scholars Program gives employees an introduction to soft skills and safety, as well as the operation of equipment. In 2022, Cole County Public Works developed a career path progression plan for their maintenance staff. Eric Landwehr, Cole County public works director, shared, “As we looked at items to incorporate into the plan, we knew we needed a training program to complement t he prof i c i e nc y requirements and years of service needed for employees to be promoted to the next level. The LTAP Scholars program was the perfect fit for us.” Previously, Cole County used LTAP for various training opportunities but not with any routine schedule. When they approved a plan with the Level I training requirement for promotion to the intermediate position and Level II Scholar to a senior position, they began scheduling LTAP classes regularly. Now all their maintenance staff have attained Level I in 2023. Missouri LTAP offers training across the state. Classes can be requested by calling 1.866.MOROADS or emailing moltap@mst.edu. Classes in all three levels are provided for a minimal fee of $45/person to any government agency. There is no cost for agencies to register employees for the Scholars Program. Dr. Heath Pickerill is the executive director of Missouri LTAP.
www.mocities.com
21
FEATURE Review
• EPA • WATERS OF THE UNITED STATES • EPA • WOTUS • EPA • WATER
by Jim Price and Ramona Huckstep
EPA, Army Amend WOTUS Rule In Response To Supreme Court's Sackett II Ruling The U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers have issued a final regulation amending their 2023 Clean Water Act definition of “Waters of the United States” (WOTUS) in response to the U.S. Supreme Court’s recent decision in Sackett v. EPA (Sackett II.) Sackett II was decided in May and struck down the agencies’ previous definition asserting authority over properties with a “significant nexus” to wetlands and streams. The Supreme Court held the agencies exceeded the authority granted to them by Congress under the Clean Water Act.
In the EPA’s Aug. 29, 2023, news release announcing this new rule, the EPA said, “The amendments issued today are limited and change only parts of the 2023 rule that are invalid under the Sackett II decision. For example, today’s final rule removes the significant nexus test from consideration when identifying tributaries and other waters as federally protected.” In the new definition of WOTUS, the agencies are removing references to waters that “significantly affect” interstate waters, references to certain intrastate wetlands and streams, and
a detailed definition of “significantly affect.” The agencies said that to be covered under the Clean Water Act, “adjacent wetlands” now must have a continuous surface connection to other covered waters. As always, the agencies’ applications of these terms in specific situations and implementations in the field will be the keys for projects potentially affected. The rule was issued without customary notice-and-comment rulemaking proceedings, citing emergency authority and the need to conform the 2023 definition to the Sackett II decision. The EPA said this new definition and rule will become effective when published in the Federal Register. In announcing this new rule, the EPA says the Army Corps of Engineers will resume issuing jurisdictional determinations for projects under the Clean Water Act. Jurisdictional determinations sometimes can help provide certainty to project owners and developers whose projects may affect wetlands, streams and other waters subject to Clean Water Act jurisdiction. Jim Price is a partner at Spencer Fane LLP in the firm's Kansas City office where he is chair of the firm's Environmental Law Practice Group.
22
theReview January/February 2024
RS OF THE UNITED STATES • EPA • WOTUS • EPA • WATERS OF THE UNITED STATES • EPA • WOTUS • EPA •
What The New WOTUS Decision May Mean For Missouri Municipalities
With the amendments to the revised definition of Waters of the United States (WOTUS) becoming final this past fall, the question remaining is, “How does this impact my municipality"? One of the things that this Supreme Court decision does is narrow the scope of federal jurisdiction, thereby providing more flexibility to local governments since certain wetlands and steams no longer fall under federal jurisdiction. For example, wetlands that do not have a continuous surface connection with a navigable waterway no longer fall under the purview of the Environmental Protection Agency. This could possibly open land for development that was not able to be developed under the old WOTUS Rule because it was considered by EPA to “significantly affect” land that was adjacent to a wetland. In Sackett v. EPA, also known as Sackett II, as it relates to the Clean Water Act (CWA,) the Court stated, “In sum, we hold that the CWA extends to only those wetlands that are “as a practical matter indistinguishable from waters of the United States.” This requires the party asserting jurisdiction over adjacent wetlands to establish “first, that the adjacent [body of water constitutes]… ‘water[s] of the United States,’ (i.e., a relatively permanent body of water connected to traditional interstate navigable waters); and second, that the wetland has a continuous surface connection with that water, making it
difficult to determine where the ‘water’ ends and the ‘wetland’ begins.” Ultimately, this Supreme Court decision confirms state primacy over waters of the state and allows for more input from Missouri stakeholders. With more Clean Water Act decisions being made at the state level, municipalities can more efficiently and effectively participate in the rulemaking process. It is important to note that the Missouri Municipal League has trained staff who represent its member municipalities at
state-level meetings, conferences and workshops. Staff regularly attend and participate in stakeholder discussions and provide input to state agencies such as the Missouri Department of Natural Resources, who are responsible for regulating waters of Missouri. If you have any questions or concerns surrounding this issue or other environmental issues, please feel free to reach out to MML Policy and Membership Associate Ramona Huckstep via email at rhuckstep@mocities.com or call (573) 635-9134.
www.mocities.com
23
LOCAL GOVERNMENT Review
Getting To Know You. . . JAMES ECKRICH
Director of Public Works/City Engineer City of Chesterfield What sparked your interest in serving in local government? I knew very early in my life that wherever I chose to work I wanted to be able to improve my community. The opportunity to do so by working for a local government became apparent to me during my first job at St. Louis County Water Company. In that position I oversaw a water main relocation associated with a road improvement project. The road being replaced was in very poor condition and made the whole area look dilapidated. I later drove by the street after the project was completed and the area was completely transformed. I knew then that I wanted to work for a local government where I would have the ability to solve problems and improve a community.
What has been the toughest lesson you have learned during your career in local government? Wow – this is a tough one. There have been many ... but I would have to say the toughest lesson I have learned working in local government is that everyone makes mistakes and you have to learn from those mistakes. The most successful people in local government are those individuals who find creative ways to solve problems. If you take this approach you are going to have some great successes, but you are also necessarily going to have some misses. When you make a mistake you have to own that mistake and learn from it so that you do not make it again. But it is important that these mistakes do not stop you from making every effort to find creative solutions in the future. This is especially important as a manager or director – you have to encourage those who work for you to find creative solutions to solve problems and not to be afraid to fail. If you are afraid to fail you will not accomplish anything.
In your opinion, what are the most important issues facing the public works profession? The most two most important issues facing the public works profession are aging infrastructure and a dwindling workforce. The roads we drive on, the sidewalks we walk on, the bridges we depend on – they are all aging. We need 24
theReview January/February 2024
employees to inspect these facilities, plan maintenance and replacement, and then construct those improvements. When I began my career we would often have 50-100 applications for an open position. Now we are lucky to be able to fill positions. We need to attract employees to work on public works projects. The need for asset management and maintenance is only becoming more important.
How has COVID-19 impacted your work as a public works professional? COVID-19 had a devastating impact on many people both personally and professionally. But strictly as it relates to Public Works I think COVID-19 had some positives. It forced us to look at our organization and begin to implement some benefits, such as limited work-from-home, that we had previously been reticent to adopt. It also resulted in ARPA funding that agencies such as the city of Chesterfield have successfully used to improve our aging infrastructure. The drawback is that post-COVID it has been really difficult to fill vacant positions in the public works field. The long-term impact of these vacancies will be felt in many areas where aging infrastructure cannot be adequately maintained due to the lack of work force.
What advice would you offer to someone considering service in the public works profession? While there are some drawbacks, such as working Christmas during a snow storm, I would highly recommend the field of public works to anyone who wants to work hard and improve their community. One great thing about public works is that it covers so many areas. You can work in public works as a street maintenance worker, an engineer, a project manager, a custodian, an administrative assistant, an arborist, a fleet maintenance worker, etc. I love my job and get to work with people in these areas every day. I am not confined to an office all day. I get to solve problems and see those solutions implemented. It is tremendously rewarding. And due to the aging infrastructure and dwindling workforce referenced earlier there are tremendous opportunities.
Wastewater Can Destroy Wet Wells And Manholes! Aromatic Polyurea Coating OBIC Armor 1000 is 100% solids lining that provides excellent corrosion protection, chemical resistance and high abrasion resistance. A bonded coating system that provides an integrated build-up of substrate through a multi-layer installation. In subfreezing weather conditions, it remains impact resistant. With its tough and durable, seamless monolithic waterproof membrane, it is extremely well suited for metal, wood, concrete, fiberglass and other various metal surfaces.
Benefits: 1:1 Mix Ratio • Quick Return to Service • No VOCs Installed in 0°F to 150°F • Odorless
End Maintenance Headaches And Save Money! Contact us today to learn more.
midwestinfrastructurecoatings.com Mike Vavaruska 417-630-8852 Mvavaruska@midwestinfrastructurecoatings.com
How would you describe your city to someone who has never visited?
What are your interests outside of local government?
The city of Chesterfield is a great place to live, work and play. Our City Administrator Mike Geisel has worked in Chesterfield since 1988 and has instilled an amazing work ethic and level of professionalism throughout the City. Mike primarily leads through example – no one works harder – but he is also a great listener and willing to give advice whenever you need it. It is due to Mike’s leadership that as a member of the city staff I am challenged daily with making the city of Chesterfield a better place. We do not blindly default to policies to explain why we cannot do something – we try to find ways to solve problems. This makes Chesterfield a great place to work, but the results of these efforts also make it a great place to live and play. Come see for yourself, there is always something going on in the city of Chesterfield.
I love horse racing and try to make it to a few horse racing tracks each year. There is not a much better day to me than waking up in Kentucky, touring a horse farm in morning, visiting a bourbon distillery, and then spending the day at the races. I think my love of math started when my dad would take me to the race track as a kid and I would calculate the cost of his bets and the potential payouts. Other than horse racing I am pretty much a homebody – I love to grill, watch (too many) TV shows, and hang out with my family.
Where would you most like to travel, and why? I would love to go to Europe, particularly Austria. My greatgrandmother came to America from Austria in the early 1900s with nothing and taught me so much. I would love to see her hometown ... and hit Paris, London and Venice while I am over there.
Local Government Officials www.mocities.com
25
LOCAL GOVERNMENT Review
Getting To Know You. . . HADEN MATTKE Public Works Engineer City of Belton What sparked your interest in serving in local government? Ultimately, I want to help people and make an impact. The main elements public works provide are water, sewer, streets and drainage. Those things really get at the core needs of us as human beings and society as a whole—that is a pretty big impact—and I was really drawn to be a part of it.
What has been the toughest lesson you have learned during your career in local government? There is only so much we can accomplish with the hours and funding available. Before working in the public service, I would get aggravated about how much I paid in taxes. Now I am amazed at how much we get for the taxes we pay. We get a lot done, but there is always more to do.
In your opinion, what are the most important issues facing local government in Missouri, and/or facing the public works profession? Awareness. Awareness of the people we serve. Awareness of people choosing a career. If you conducted a survey on what comes to mind when people think about public works, many may not have thought about it much at all before being prompted. Others may have thought about a specific problem they have that has yet to be fixed. We are very fortunate to live in a developed country today. We turn the tap and clean water comes out. We flush and our waste disappears. We can hop in the car and travel further in a weekend than people used to go in a toilsome month. We take these things for granted. We do not marvel at what went into treating that water, then pumping it into a massive tank elevated way up in the air, where it waits to travel through miles of underground pipe to come out of our sink at a predictable pressure. We do not think about how it goes through more miles of pipe to be treated again, keeping our living environments clean and preventing disease. We all see how much of our hard-earned dollars go to taxes, but we quite literally cannot see where so many of them went… they’re buried beneath our feet! They are wrapped up in facilities discreetly placed miles away; that is the challenge
26
theReview January/February 2024
we face when we go to ask for the resources we need to best serve our communities. The same lack of perceptibility also means so many people choosing a career do not have public works on their radar; that is the challenge we face when it comes to bringing in future generations to carry the torch.
What advice would you offer to someone considering service in the public works profession? Consider what you value. Are you looking to make a difference? Do you want to be part of a team of unsung heroes? The work we do is very meaningful, but it usually is not flashy. You can make a decent living in public service, but it is not necessarily a fast track to getting rich. You will probably hear more problems than praise. There is an abundance of problems out there … if you like solving them, then this could be the place for you. Do you want work with a lot of variety? We handle a large diversity of challenges; overcoming them can be incredibly rewarding.
How would you describe your city to someone who had never visited? Belton is a small town that was originally platted on a section of land with the railroad running across from the northwest to the southeast corner. Because of this, the streets in that original square mile do not follow the conventional northsouth and east-west grid the surrounding area. Slowly, things have popped up around this defiantly diagonal square mile over the years. Established on the north edge of town in the 1940s, Richards-Gebaur Air Force Base contributed a lot to the growth and identity of our town. When the base closed in the 1990s, things slowed down for a while. The base was repurposed into a rail port. With quick access to rail and the highways that flow through Kansas City, Belton is a strategic place to build, and growth has picked up recently as businesses have started to take notice. Wayward residents have made their way back. New residents have settled in to call our piece of the Kansas City area home. There is a sense that our community is at the cusp of monumental change. Belton is picking up steam, just as the trains used to that
would cut diagonally through the heart of town. But just as those old diagonal streets could never be made to change to conform to the grid around them, so too does the small-town character of Belton remain.
What are your interests outside of local government? I like exploring new places and spending time outdoors with my wife and dog. I also enjoy working out, reading, and going down rabbit holes to figure out how things ended up the way they are and how everything works. Of course, there is no simpler joy in life than good food. I enjoy tasting new dishes, trying to hone my amateur cooking abilities, and grabbing random things at the grocery store that were not on the list.
Where would you most like to travel, and why? I would like to backpack across Europe. The history, food and architecture fascinate me, as does seeing how cities developed organically in times before the automobile. I also marvel at the walkability and public transportation systems.
Asphalt Emulsions &Cutbacks Micro Surfacing/ Slurry Seal Chip Seal Scrub Seal
Asphalt Undersea! High-performance Fog Seals Non-Woven Geotextile Crack Sealants High-Performance Cold Patch
314-219-7305 I www.MissouriPetroleum.com www.mocities.com
27
MUNICIPAL ENGINEERING OUR VISION IS STRONGER COMMUNITIES THROUGH RELIABLE ENGINEERING DESIGN
Potable Water | Stormwater Management | Wastewater Transportation | Site Development | Rate Analysis Land Services | Grant Writing & Administration tothassociates.com 417.888.0645 1550 E. Republic Road Springfield, MO 65804
YOUR SECURE FINANCIAL FUTURE STARTS WITH MISSOURI LAGERS
Retirement Benefits Survivor Benefits Disability Benefits
MOLAGERS.org
28
theReview January/February 2024
LOCAL GOVERNMENT Review
CITY OF BELTON
Stormwater Pipe Project For more than 60 years, Belton residents living around Hargis Lake simply understood that no matter how much it rained, the streets would flood. The problem was not just that the storms were becoming more severe, but that the neighborhood itself had been built before modern stormwater best practices had been developed. The streets had curbs, but no inlets or significant detention aside from a resident’s front yard. To alleviate the constant flooding, Belton Public Works got to work on designing and building a $6 million stormwater system. The challenge was that the system had to be retrofitted into an existing neighborhood of more than 250 homes and covered nearly half a mile of ground. For 18 months, public works crews worked together with neighbors as culverts and stormwater pipe were installed between homes, through yards and under multiple streets. The final product now redirects millions of gallons of water from a single storm into Hargis Lake and eliminates dangerous low-water crossings that had existed for years. Although it was not the most expensive stormwater project undertaken by Belton Public Works, it certainly had the greatest impact in an established neighborhood and improved the quality of life for hundreds of residents.
www.mocities.com
29
CITY OF BRENTWOOD
Crosswalk Lighting Improvements Project Strassner Drive is a collector road that receives more than 5,000 vehicles per day and connects two arterial roads — Hanley Road and Brentwood Boulevard — that provide an east/west connection near the north end of the city of Brentwood. There is a midblock crosswalk that cuts across Strassner Drive and connects Memorial Park’s sidewalk on the south side to the sidewalk on the north side near the YMCA. Pedestrian safety is paramount, so when a concerned pedestrian asked about lighting improvements for this crosswalk, staff investigated this location. Although there was a nearby streetlight, staff preferred lighting closer to the actual midblock crossing. The current crosswalk included solar-powered, push-button actuated, pedestrian crossing rapid flash beacons on the signs. Upon further investigation with the sign manufacturer, it was learned that there was new equipment that could be added to the signposts that could add lighting to illuminate the crosswalk and the advanced warning area upstream of the crossing. These improvements were made in May 2023 and have provided additional lighting at the pedestrian crosswalk during low light conditions. Staff added trail cameras to monitor nighttime crossings and confirm the successful operations of the improvements.
CITY OF CAPE GIRARDEAU
Automated Screening The city of Cape Girardeau’s leadership faced a unique challenge in 2015 when rags began causing issues for the newly commissioned wastewater treatment facility. Following an extensive investigation, it was determined the existing screening process was permitting too many rags to pass through, leading to clogs in the influent pumps. Moreover, the absence of automation in the current system raised concerns about screen blinding, particularly during high-flow events. In early 2019, the City collaborated with CMT Engineering to design the project. The transition to automated screening will provide continuous protection and address the limitations of the manually cleaned screen. The nearly 60-foot-deep influent wet well adds to the complexity of the project. The city of Cape Girardeau is currently in the process of replacing a manually cleaned 3.5” influent basket screen with a fully automated 1.5” OVIVO Brackett Bosker screen and two wet well conditioning pumps, designed to handle the facility’s 11 MGD design flow for wastewater treatment. The selected equipment has a proven track record in numerous nearby locations and will be seamlessly integrated with the City’s Supervisory Control and Data Acquisition (SCADA) system. This integration ensures that plant personnel have the capability to respond promptly, even after regular working hours.
30
theReview January/February 2024
CITY OF INDEPENDENCE
U.S. 24 Highway Complete Streets Project Construction is currently underway on the U.S. 24 Highway Complete Streets Project – the $30 million effort is the largest capital investment in western Independence in the last 40 years. The project will make improvements along U.S. 24 Highway from Wilson Road to Route 291. Improvements include ADA-compliant sidewalks and ramps, pedestrian signals, street lighting, traffic signal upgrades, storm sewer enhancement, water main relocation, pavement resurfacing, ADA-compliant pavement markings, and a center turn lane for added safety. The project is split into three phases: Phase 1 will run from River Boulevard to Route 291; Phase 2 will run from Sterling Avenue to River Boulevard; and Phase 3 will run from Wilson Road to Sterling Avenue. Funding for the project is a 50/50 split between the city of Independence and MODOT. However, the City also obtained several grants from the Mid-America Regional Council to offset costs. Construction is already underway on Phases 1 and 2 of the project, with Phase 3 currently in the design phase with an anticipated completion date of the end of 2024. Phase 1 is expected to be completed in 2026 and Phase 2 is expected to be completed in late 2024.
CITY OF JOPLIN
Widening Southwest Corridor In Joplin Addresses Current And Future Needs Joplin city officials, public works staff, Joplin Area Chamber of Commerce ambassadors, and the public recently celebrated the completion of the widening project of West 32nd Street. Started in December 2021, this two-mile road improvement required coordination with subcontractors, utilities and area residents with a multi-phase approach to decrease longterm closures in the area. Widening the narrow 32nd Street to three lanes, from Schifferdecker Avenue west to Central City Road, the project added a center lane and a sidewalk-shared use path while eliminating previously existing peaks and valleys. “The City was able to expand a hilly, two-mile roadway to a safer, three-lane corridor by cutting down the hills and filling in the valleys along this roadway,” said Dan Johnson, director of public works. “Plus, the City now has the right-of-way to expand this to a five-lane corridor as needed.” The contractor for the 32nd Street widening project was Emery Sapp & Sons, Inc., Springfield, Missouri, and the project team included Olsson, Joplin, and CJW Transportation Consultants, LLC, Springfield. With the area also needing water improvements, the City coordinated work with Missouri American Water to complete the infrastructure work efficiently. Funding for the project was through the 3/8-cent Capital Improvement Sales Tax approved by voters in 2014.
www.mocities.com
31
CITY OF KANSAS
KC Water – Blue River Biosolids Facility The first of its kind in the Midwest, KC Water’s new Blue River Biosolids Facility will employ a thermal hydrolysis process (THP) to turn wastewater treatment residue into useful energy. THP heats waste solids under pressure and mixes treated solids with Photo Credit JIL bacteria to produce a stabilized and anaerobically digested sludge. The result is biogas, a form of renewable energy; and biosolids, a Class A fertilizer safe for farms and gardens. The current 1960s-era incinerator treatment plant each day processes 75 million gallons of wastewater and 98% of waste solids for several hundred thousand residents in the Kansas City area. The plant has operated throughout construction and continues to meet water quality standards for treated water discharges. Begun in 2021, the project recycled 98%of former plant materials, including 1,200 tons of bricks, 90 tons of concrete and 40 tons of metal. When completed in 2025, the facility will eliminate waste incineration, improve air quality, reduce odors, and enable more effective liquid treatment. From construction to operation, the $140 million biosolids facility project focuses on protecting the environment, energy conservation, and ensuring sustainable operational reliability for many decades. Carollo Engineers is the owner’s agent for KC Water. The design-build team is led by Goodwin Brothers and includes Black & Veatch as design engineer.
CITY OF LEE'S SUMMIT
Colbern Road Improvements A major arterial adjacent to and in support of one of the largest commercial developments (Discovery Park) in the history of the City is getting a massive upgrade. The 2-mile section of Colbern Road connects MO 350 Highway to Interstate 470 on an east-west heading. This $26 million construction investment is the City’s largest single roadway project to date. The 3-phase project includes the construction of Colbern Road as a fourlane median-divided roadway from Route 350 to just east of Douglas Street. The project also includes construction of a 310-foot, two-span bridge over the UPRR railroad track and creek; roundabout widening from a single lane to a two-lane configuration; traffic signal replacement at the Douglas Street and Colbern Road intersection; reconstruction of approximately 365 feet of Main Street; and removal and realignment of approximately 1,400 feet of NW Blue Parkway as it traverses north into Unity Village. Project improvements include bicycle/pedestrian accommodations along Colbern Road east and west of the project limits and over the UPRR. The work includes approximately 8,500 feet of water main, 825 feet of sanitary sewer, and 4,665 feet of 12” force main sewer.
32 32| theReview January/February 2024
CITY OF LIBERTY
City Hall Remodel The city of Liberty Public Works Department has overseen the significant remodel of Liberty City Hall. Built in 1982, the plexiglass domed atrium at Liberty City Hall has presented a variety of challenges, including temperature control and leaky sections of the roof. This year, the domed roof was replaced with a structural supported flat roof with vertical glass that will keep the same natural lighting and open skylight feel as the domed roof. In addition to solving the temperature control and water leak issues, this project will include: o
A new ADA-compliant entryway to the building’s main floor. New concrete at the entryway will also mitigate pooling water.
o
Replaced steps at the main entrance.
o
Customizable, decorative LED lighting along the new roof line.
o
Repair of water damaged drywall and fresh paint in the atrium.
o
New flooring on the second and third floors.
The construction is nearly complete thanks in part to diligent project management from Liberty's public works staff. Working daily with the contractors, they were able to create a construction site that not only allowed for the project to progress, but also maintained the functionality of City Hall for citizens and employees.
CITY OF MANCHESTER
Proposition S Street and Sidewalk Improvements On April 3, 2018, the city of Manchester voters approved “Proposition S”, a seven-year, $16 million bond issue to fund repairs of city streets and sidewalks. The project’s street improvements include the replacement of defective concrete pavement slabs and the resurfacing of deteriorated asphalt streets in need. The project’s sidewalk improvements include concrete slab replacement, slab leveling (mud-jacking), and ADA curb ramp construction. Street and sidewalk repairs were determined and scheduled based on a condition rating assessment completed by the City’s engineering firm. To date, there have been 40 streets reconstructed. The final street to be reconstructed through the project is La Bonne Parkway, designated as a two-lane, minor collector street spanning 1.2 miles and split by a landscaped center median. In 2024, La Bonne Parkway will be completely reconstructed with fulldepth concrete, new curbs, new five-foot ADA compliant sidewalks and curb ramps, high visibility continental crosswalks, and two dynamic speed feedback signs. The City is providing 57% funding though the Proposition S program with the remainder to be funded through the Surface Transportation Block Grant Program obtained from the Federal Highway Administration (FHWA). www.mocities.com
33
CITY OF PERRYVILLE
Design-Build Wastewater Treatment Plant The first SRF funded design-build wastewater treatment plant in Missouri is complete. The city of Perryville began working to fund this project more than five years ago to replace a plant that began operating in 1976. The original plant went through major upgrades in 1984, 1997 and 2006. After those upgrades, the plant was able to handle three million gallons per day (MGD); screen out course debris before processing the organic waste; use an antiquated trickling filter technology to introduce microorganisms to the system; and use an outdated sand filtering process before sending the effluent out into the environment. Today’s Orbal Style Plant has the capacity to handle nine MGD; screens out fine debris before processing the organic waste; uses oxidation ditches to introduce microorganisms to the system; and uses a series of microfilters before sending the effluent into the environment. The result is a more efficient process, with less maintenance and the ability to handle future limits on phosphorus and nitrogen. It produces an effluent that is five times cleaner for decades to come. In the picture the new plant can be seen towering over remnants of the old processes.
CITY OF ST. PETERS
New Connection to Interstate 70 Premier 370 Business Park is a growing economic powerhouse in the city of St. Peters, home to massive warehouses and logistics companies that move goods continuously. The more connections to our local highways, the better for business. More than 10,000 new jobs have been created in this area during the last several years, with more development construction projects underway. A new ramp connecting the northern portion of the City to Interstate 70 is great for logistics companies and other area drivers who want to avoid busy I-70 interchanges at Mid Rivers Mall Drive and Truman Boulevard/Cave Springs Road. The MO 370 Interchange Ramp project paves a path to I-70 via westbound/ southbound MO 370. The 14-footwide concrete ramp spans from near the intersection of two major collector roads — Spencer Road and Salt River Road. Nearby is a last-mile delivery center for Amazon, FedEx Ground, and a 1.7-million-square-foot logistics development with one of five buildings nearing completion.
34
theReview January/February 2024
Ideas transform communities Building strong communities is at the heart of our endeavors. We’re proud to support the Missouri Municipal League.
hdrinc.com
CITY OF ST. JOSEPH
Bonds for Bridges City of St. Joseph citizens embraced progress on June 2, 2020, when voters resoundingly approved the issuance of $20 million in general obligation bonds dedicated to revitalization of the City’s aging bridges and transportation infrastructure. This crucial decision addressed a pressing need with the average age of the repaired and replaced bridges at 79 years. Several of the bridges were in deplorable condition, having been constructed prior to 1930. The bridges held strong for more than 80 years, but they were failing structurally and failing to meet MoDOT safety standards. The bond issuance approval allowed the project to be fast-tracked. Six of the replaced bridges span our beautiful and historic Parkway, a 9-mile winding roadway lined by park land on both sides and connecting the north end of town to the south. The design elements of the Parkway bridges ensured they complemented the beauty and historic nature of the Parkway while ensuring our community and visitors can enjoy smoother, safer bridges with convenient new sidewalks that facilitate a link to the community’s extensive urban trail system. The commitment to infrastructure renewal is a clear message St. Joseph is moving forward with new and healthy transportation infrastructure.
CITY OF WENTZVILLE
New Public Works Facility Wentzville will soon be home to a brand-new, 48,446-square-foot public works facility scheduled to open in late 2024. The current facility reached capacity more than a decade ago. Public Works divisions, including water, streets and signals, fleet maintenance, facility maintenance and other essential operations, will operate out of the new facility, including room for ongoing expansion and maintenance of the City’s infrastructure. The facility will address the urgent needs of public works and water utility operations by providing essential material and equipment storage, lockers, training, offices and conference rooms, and enlarged mechanic bays for repair and maintenance of all city vehicles and equipment. A fully enclosed salt storage building replaces an aging, undersized storage space at the current location. This facility contains enhanced security and a stateof-the-art stormwater detention facility for filtration and controlled release of all collected stormwater. Keeping our carbon footprint in mind, this facility has been pre-designed for electric vehicle (EV) charging and solar panel retrofits in the future. To learn more about this project, please visit www. wentzvillemo.gov/PWFacility.
Photo Credit LCS, LLC
A law firm dedicated to the practice of municipal law. Contact Joe Lauber for your day to day or special project needs 816-525-7881 or jlauber@laubermunicipal.com www.laubermunicipallaw.com The choice of a lawyer is an important decision and should not be based solely on advertisements.
www.mocities.com
35
CITY OF WEST PLAINS
North Fork Basin
The city of West Plains completed a stormwater evaluation and management planning study in 2013 for the watershed and primary drainage system throughout the entire City. From this, four regional detention facilities were planned to be constructed to reduce peak flow volumes in the downstream system. In 2019, the City was awarded a Community Development Block Grant (CDBG) for the construction of one detention basin at the North Fork of Howell Creek. The City also received funds from the Economic Development Administration (EDA) for the remaining three basins to be located at the Burton Branch, Galloway Creek and South Fork of Howell Creek. Berms will be constructed and are expected to reduce peak flows by about 33%. The project experienced several delays, including the COVID-19 pandemic and soaring costs of materials, that resulted in an extended timeline for completion. The City has worked closely with the South Central Council of Governments (SCOCOG) to find ways to move forward with the project. Funds have been reallocated to allow for construction to begin on the North Fork and Galloway basins. The total project cost for these basins is $3.5 million and fully funded by grant funds from CDBG and the EDA.
Earlier construction through design-build reduces overall schedules and saves money. Unlock your project’s full potential.
LEARN MORE
36
theReview January/February 2024
LOCAL GOVERNMENT Review
Battlefield's Fitness Court Offers Outdoor Wellness
Publicly opened on Oct. 19, 2023, the Fitness Court® at the Cherokee Trail of Tears Park in Battlefield, Missouri, is a fantastic outdoor gym, allowing users to leverage their own body weight to obtain a complete workout using seven stations. Created for people aged 14 and over, and with all abilities in mind, the workouts are adaptable for all fitness levels, freeing participants to move at their own pace. Users also may download a free Fitness Court App that acts as a 24/7 coach-in-your-pocket and enhances the outdoor gym into a digitally supported wellness experience. This capital project was a featured part of the 2023 initiative launched by National Fitness Campaign (NFC), a nationwide wellness consulting firm that partners with municipalities and schools to plan, build and fund Healthy Communities. NFC’s awardwinning initiative is now planning its 500th Healthy Community in America and is poised to deliver vital outdoor wellness programs helping to fight the rising fiscal and humanitarian costs of physical inactivity. In 2023, the Battlefield Advisory Park Board, and dozens of other select recipients from around the country, were awarded a $30,000 grant from NFC to help support the program. In addition to grant funding, local funding contributed to make the project possible in Battlefield.
The Cherokee Trail of Tears Park is located at 5434 S. Tower Dr. in Battlefield, next to Battlefield City Hall. It consists of walking/running paths, basketball court, tennis court, pickleball courts, playground, sitting areas, and a gazebo next to a pond. It has one-of-a-kind features, such as an Autism-friendly play area. The Battlefield Advisory Park Board seeks to provide parks, pathways and programs that are safe, accessible, innovative and fun for their growing community; while still maintaining that quaint, small-town feeling for all their residents and visitors.
To create a bold future, you need a bold partner. Plan.
Engage.
Inspire.
We build relationships and clear, concise plans you can implement seamlessly.
We help move communities forward with deep, meaningful community engagement.
We spark imagination to help communities make bold plans for their best future.
Kansas City Metro Office 7944 Santa Fe Drive | Overland Park, Kansas 66204 St. Louis Metro Office 220 West Argonne | Kirkwood, Missouri 63122
www.ShockeyConsulting.com Connect with us everywhere @heyShockey |
(913) 248-9585
www.mocities.com
37
Thank You To The 2024 MML Business Advantage Program Sponsors PLATINUM SPONSORS Ollis/Akers/Arney Insurance & Business Advisors Missouri American Water Burns & McDonnell
GOLD SPONSORS Lauber Municipal Law, LLC Stifel Curtis, Heinz, Garrett & O'Keefe, P.C. Lamp Rynearson Cochran Forward Slash Technology AT&T-Missouri Missouri LAGERS
Hamilton Weber, LLC Schneider Electric Missouri 811 HDR NLC Service Line Warranty Program by HomeServe PFM Asset Management, LLC Shockey Consulting
SILVER SPONSORS MIRMA Piper Sandler & Co. Gilmore & Bell, P.C.
Missouri Rural Services Corp. & Missouri Rural Services Workers' Compensation Trust
MoDNR Brownfields/ Voluntary Cleanup Program
General Code Trane U.S. Inc.
Midwest Public Risk Liberty Utilities JTS Financial Toth and Associates
BRONZE SPONSORS Lashly & Baer, P.C. • Veregy • CTC Disaster Response, Inc. • Sapp Design Associates Architects 38
theReview January/February 2024
LOCAL GOVERNMENT Review
by Darlene Helmig
Computer-Based Exams Available For Operator Certification The Miss our i D ep ar t ment of Natural Resources (DNR) is pleased to announce that computer-based operator certification exams are available for drinking water distribution and treatment, wastewater treatment and concentrated animal feeding operations (CAFO). DNR began offering computerbased operator certification exams June 7, 2023, following a contract with Water Professionals International that became effective Jan. 1, 2023. The transition to computer-based exams replaces a decades-old process for paper certification exams, administered by DNR with group exam sessions hosted monthly in Jefferson City and quarterly at each of DNR's regional offices. DNR scored the bubble sheets from each exam session using a scanner and examinees had to wait for the department to mail the exam results, often taking weeks to receive. Early into the new contract, DNR placed a high priority on ensuring there was no break in exam availability during the transition to computer-based exams. Uninterrupted exam availability is essential for professional development for operators working to advance their careers; requirements for possible salary increases; workforce development as new people join the industry; and overall system compliance. Further, properly certified operators are critical to the protection of public health and the environment. To avoid a break in service, DNR provided both paper and computer-based exams during an overlapping period. After a smooth transition period, DNR is pleased to announce it now offers computer-based exams for drinking water, wastewater treatment and CAFO
certifications. DNR hosted the last paper exam session Aug. 1, 2023, in Jefferson City. Examinees have embraced the new platform and the benefits it offers. As a result, only four examinees attended the final paper exam session. As the projected availability of the new exam system slipped from April 1 into June, most applicants decided to wait for the computer-based exams to become available, even though the department continued to offer paper exam sessions. In the first two months, DNR processed 455 exam applications and 223 applicants completed their exams. DNR is excited about the benefits that computer-based exams offer to Missouri’s water, wastewater and CAFO professionals. Those benefits include:
Faster Exam Scheduling Once DNR processes an exam application, the examinee receives an email from PSI Exams with instructions to self-schedule their exam. PSI, a thirdparty contractor, provides exam delivery software and maintains the testing centers. Many different professions use PSI to administer exams. Availability can vary, but in many cases if an examinee receives an email from PSI Exams on a Monday, they could schedule their exam for Wednesday of the same week.
Choice Of An In-Person Or Remotely Proctored Exam Examinees can choose between taking an exam at one of the testing centers using the provided computer equipment or a remotely proctored exam. Convenient In-Person Testing Locations: A list of the 13 test center
locations in Missouri is available on the department’s website at https:// dnr.mo.gov/water/business-industryother-entities/permits-certificationengineering-fees/operator-certification/ exams. Locations outside of Missouri are also available for examinees who live close to state lines. These locations provide exams to a variety of professions. Examinees use small computer kiosks similar to those found at libraries. Some test locations are open on Saturdays. Remote Testing Available: A trained proctor monitors examinees live during the exam. For this option, examinees must have a computer with functioning web camera, microphone, stable broadband internet connection and a quiet room free of distractions, notes, and other people. More information about remote testing, including equipment requirements, is available on DNR’s website.
Immediate Exam Results Examinees receive their exam score immediately upon completing the computer-based exam. This replaces the four weeks it often took to receive exam results when DNR was administering paper exams.
Unchanged Exam Content The exam content did not change during the transition period. This allowed the department to provide the same content in both paper and computer-based exams during the transition. Math formulas are still available as a reference resource during computer-based exams. All exams continue to be closed-book exams. www.mocities.com
39
Unchanged Fees
In-Person Testing Locations for Drinking Water, Wastewater, and CAFO Operator Certification Exams
Fees have not changed. Wastewater an d C A F O e x am s re m ai n $ 4 5 , while drinking water treatment and distribution exams are still $50 each. Special thanks to the applicants who were early adopters of computer-based exams. We invite examinees to share feedback about their experience. If you have questions or want to share feedback, please contact the department’s Operator Certification Unit at 573-751-1600 or by email at opcert@dnr.mo.gov.
Kirksville
! H Kansas City Area
Gladstone ! H! H! Fulton St. Peters H ! H ! H Kansas ! H ! H Jefferson City
! H
Southeast Area Central Area
St. Louis
City
Darlene Helmig is the Missouri Department of Natural Resource’s operator certification unit chief.
Northeast Area
Southwest Area
Springfield
! H
! H
Carthage
St. Louis Area
! H
Cape Girardeau
West Plains CITY
TEST CENTER
ADDRESS
Cape Girardeau Cape Girardeau Career and Technology Center 1080 S. Silver Springs Rd., Cape Girardeau, MO 63703 Learn more at https://dnr.mo.gov/water/business-industry-other-entities/ Carthage Carthage Technical Center 609 South River St., Room 311, Carthage, MO 64836 permits-certification-engineering-fees/operator-certification/exams. Fulton Fulton Total Health and Rehabilitation Center 710 South Business 54, Fulton, MO 65251 Gladstone
Gladstone - HRB
5941 Antioch, Gladstone, MO 64119
Jefferson City
PSI Jefferson City
2410 Hyde Park Road, Suite C, Jefferson City, MO 65109
Kansas City
Pinnacle Career Institute
11500 N. Ambassador Dr., Kansas City, MO 64153
Kansas City
Safety and Health Council
9150 East 41st Terrace, Suite 215, Kansas City, MO 64133 1103 S. Cottage Grove, Kirksville, MO 63501 3003 East Chestnut Expressway, RDI Building, Suite 400, Springfield, MO 65802 1405 Jungermann Rd., Suite B, St. Peters, MO 63376 11131 South Towne Sq., Suite G, St. Louis, MO 63123 11100 Mueller Road, Suite 7 & 8, St. Louis, MO 63123 605 W. Main, Lybyer Enhanced Technology Building RM 108, West Plains, MO 65775
Kirksville
Kirksville Area Technical Center
Springfield
PSI Springfield
Saint Peters St. Louis St. Louis
eIDentity Services Brunetti-Pesc-Co. Inc. PSI St. Louis (Room B)
West Plains
Missouri State University
UNIQUE DOESN’T JUST MAKE COLD MIX ANYMORE!
Created to work together Examinees must submit an exam application and fee to the Missouri Department of Natural Resources. to save time Once approved by the Department, applicants will receive further instructions to self-schedule their exam and money. at an in-person testing location or a live proctored remote exam session. Exams are administered by Rejuvenating Asphalt Sealer
appointment only. For more information, please contact the Missouri Department of Natural Resources’ Operator Certification Unit at 573-751-1600 or 1-800-361-4827.
ASPHALT
& CONCRETE
PAVEMENT SOLUTIONS
Mike Boubek - 314-202-0040 40
theReview January/February 2024
mboubek@uniquepavingmaterials.com
committed to serving the communities where we live and work
Andrew R. Bramman
Lisa O. Stump
Julie Z. Devine
Jimmie M. Edwards
A History of Serving Missouri Municipalities and Public Agencies
Lyndee R. Fritz
Katherine E. Henry
Brian J. Malone
James C. Hetlage
Matthew S. McBride
Mindy K. Mahn
Alexandra S. Sievers
For over 45 years, Lashly & Baer, P.C. has provided sound legal counsel to municipalities and other public sector institutions. During this time, we have earned a solid reputation for prompt legal services at a reasonable cost. We believe that providing smart legal advice is vital, but providing this help in a timely manner is just as critical to meeting the needs of our clients. Our attorneys are experienced and trial-tested at addressing legal issues and regulations affecting government and public agencies.
714 Locust Street • St. Louis, Missouri 63101 phone: 314.621.2939
www.lashlybaer.com
The choice of a lawyer is an important decision and should not be based solely upon advertisements.
olsson.com
Most see a sporting complex. We see a dream coming true.
www.mocities.com
41
LOCAL GOVERNMENT Review
by Billy Everett
Missouri Rural Water Association Apprenticeship Program
Missouri Rural Water Association's Apprenticeship is a pathway to a solid career with the knowledge needed to be a top-working professional in the water or wastewater field.
Missouri Rural Water Association’s (MRWA) Apprenticeship is an alternative to an expensive college degree. This program is a pathway to a solid career with the knowledge needed to be a topworking professional in the water or wastewater field. The employer can gain the advantage of a well-trained, talented worker that is productive from day one of the program. MRWA utilizes experts and tools to train workers using equipment and procedures relevant to the field. We are proud to say our program will help you to maintain valuable system knowledge when your soon-to-retire workers mentor your new apprentices. One ke y dist inc t ion b et we en apprenticeship and other forms of 42
theReview January/February 2024
wor k forc e t r ai n i ng i s t h at t h e apprenticeship program engages the learner as a paid employee from the start. Apprenticeship is a system where workers train on-the-job, earning wages and undertaking productive work while simultaneously taking courses. When someone completes an apprenticeship, they will have valuable work experience and a recognized industry credential, along with state certification that allows them to continue in the field and advance their career. The apprenticeship program takes two years to complete. Apprentices must be at least 18 years of age, work full time and must be paid at least minimum wage. As the apprentice advances
through the program, his/her wages increase according to a predetermined schedule agreed upon between the employer and the program. The Missouri Rural Water Association is a registered U.S. Department of Labor Water and Wastewater Apprenticeship Program that has consistently ranked in the top of the nation for graduating apprentices to journeyman. Missouri has nearly 25% of water/wastewater journeymen across the nation to date. Learn more about how this program can benefit your city at www.moruralwater. org/mrwa-apprenticeship-program. Billy Everett is the apprenticeship coordinator at Missouri Rural Water Association. Contact him at apprenticeship@moruralwater. org.
Municipal Governance Institute
Become A Missouri Certified Local Government Official! To reward your commitment to the continual process of learning new skills and abilities in the local government field, MML sponsors the Municipal Governance Institute. Participants who complete the program are designated as "Certified Municipal Officials" by the Missouri Municipal League. Participants complete 12 hours of study in core areas and four hours of elective training. The program is open to both elected and appointed municipal officials and utilizes existing MML training opportunities, such as conferences and online training, as well as specially-crafted workshops to provide meaningful and useful information.
FACTS & FIGURES • The program is open to both elected and appointed municipal officials. • Electives allow officials to focus on leadership-based courses. • Registration is accomplished with ease and speed. • The program utilizes existing MML training such as conferences and online training, as well as custom-crafted workshops to provide meaningful and useful information.
MML members who have received designation as a "Certified Municipal Official" are now eligible for an advanced certification program, or AMGI. The advanced program offers increased challenges and rewards, requiring the completion of study in 14 core areas. Each custom-crafted module is tailored to assist Missouri local officials in their mission to better serve their communities.
QUESTIONS?
BEGIN TODAY!
Call 573-635-9134 or email info@mocities.com.
Find full details and an enrollment form at www.mocities.com.
1727 Southridge Drive Jefferson City, MO 65109
MGI STAFF Emily Koenigsfeld, Event & Training Manager | Stuart Haynes, Director of Administration & Policy www.mocities.com
43
MEMBER News MML Call For Proposals MML is already beginning to plan for the 2024 MML Annual Conference. Do you have a topic idea to submit for a breakout session? The Call For Proposals form is open for session and speaker ideas until March 1, 2024. Find the form on the League's website under the events and training tab.
Find the toolkit at www.mocities.com/ advocacy/legislative-activity. MML has also added a form on the Legislative Activity page of our website where you can report your MML Legislative Toolkit 2024 communication with legislators. This Advocating is crucial for the MML advocacy team For Your Municipality as they coordinate follow-up materials and daily communication with state and federal legislators. Be sure to complete this form if you have called, emailed, or visited your state or federal legislator!
MML Legislative Toolkit | 1
Certified Municipal Clerk Congratulations to Khianna Ward DeGarmo, city clerk with the city of Normandy, Missouri, on earning the prestigious Certified Municipal Clerk (CMC) designation from the International Institute of Municipal Clerks (IIMC.) To earn the CMC designation, a municipal clerk must attend extensive education programs, often totaling more than 120 educational hours. The CMC designation also requires pertinent experience in a municipality.
MML Legislative Toolkit New For Members: View MML’s Legislative Toolkit to learn more about the legislative process, how to read a bill, important communication strategies for meeting with legislators, and a glossary of legislative terms. This guide will help you better understand the legislative process and how you can help ensure your municipality’s voice is heard.
MML Policy Statement The "2023-2024 Missouri Municipal Policy Statement" is available for download. Thank you to all the committee members for your hard work in revising the policy statement. Thanks also to the committee chairs (David Dimmitt, Mayor, Brentwood; Andrew Dawson, Mayor, Sedalia; Brent Buerck, City Administrator, Perryville; Darlene Bell, Alderman, Moline Acres) for advancing the policy through the resolutions committee and the MML business meeting. Special thanks to MML Immediate Past President Michele DeShay, Mayor, Moline Acres, for chairing the resolutions committee and MML business meeting in 2023.
I will show you how to manage your generator program. Control Costs EMP Readiness Prepare for electrical grid failures Oversee generator service company activities
Call me: Paul Harris 816-373-4594
Let me train at least one person on your staff.
www.generatorhelponline.com Email me: paul@generatorhelponline.com
44
theReview January/February 2024
cochraneng.com
St. Louis | Union Wentzville | Farmington Osage Beach | Ozark
The Facelift Your Roads Deserve Eschelon Paving Old Route 5, City of Camdenton
Civil | Survey | Architecture | Transportation Drinking Water | Wastewater | Design Build | Geotechnical Construction Administration | Construction Testing & Inspection
Thank you for serving your community! Access to Tools and Resources
Sample ordinances and policies; articles; Attorney General's opinions; municipal survey results (e.g. tax rates and salary data).
Responses to Your Questions
Did you know MML serves as a united voice for more than 640 Missouri cities, towns & villages? Contact MML today to learn more about the valuable resources we offer!
From animals to zoning, your municipal questions are promptly answered by expert MML staff.
Advocacy at the Capitol
MML represents your community at the state and federal level. The League works to protect local decision making for local communities.
Publications for Members Only
Members receive the MML Review magazine, a newsletter, technical bulletins and weekly legislative updates.
Training and Networking
Learn and network through conferences, training sessions, regional meetings, webinars and the MML Municipal Governance Institute.
www.mocities.com
45
MEMBER News & Notes MML Calendar of Events
Save The Dates!
January 2024 18 ����� MML Webinar: Basics of Board of Adjustment Hearings 25 ����� MCMA Winter Workshop, Columbia, Missouri 25 ����� MML West Gate Regional Meeting, Kansas City, Missouri 25-26 ����� SGR Servant Leadership Conference, Dallas, Texas
February 2024 15 ����� GFOA-Missouri Winter Seminar, Columbia, Missouri 20-21 ����� MML Legislative Conference, Jefferson City, Missouri
MML 2024 Conferences MML Legislative Conference
February 20-21, 2024 Jefferson City
MML Elected Officials Training
March 2024 10-11 ����� MoCCFOA Master Academy, Columbia, Missouri
June 6-7, 2024 Columbia
12-14 ����� MoCCFOA Spring Institute, Columbia, Missouri
April 2024 24 ����� MML Northwest Region Meeting, Chillicothe, Missouri
MML 90th Annual Conference September 15-18, 2024 Branson
May 2024 7 ����� MML Southeast Region Meeting, Poplar Bluff, Missouri Find more events and details on www.mocities.com and in the MML e-newsletter.
Missouri Municipal League
Your trusted
engineering partner
on tion
Kansas City Office Services
Aquatics
Drinking Water Geomatics/ Transportation Wastewater Stormwater Surveying Management
LampRynearson.com
46
theReview January/February 2024
WEBINARS
Quality Training Without Leaving Your Office Or Home! Learn more at:
www.mocities.com
We Know Missouri Municipal Finance No. 2
$1.5 B
757
In the nation by number of municipal bonds completed in 2022*
Par amount of municipal bond financings in 2022*
Municipal issues completed in 2022*
Piper Sandler has helped state and local governments of all sizes with municipal bond financings for over 50 years. Our team of experts takes the time to understand the unique needs of your community, form long-term partnerships and ultimately provide tailored solutions that meet your specific goals.
TODD GOFFOY
MATT COURTNEY
HANNAH SNYDER
+ 1 314 726-7532 +1 913 345-3373 Todd.Goffoy@psc.com
+1 913 345-3355 Matthew.Courtney@psc.com
+1 913 345-3302 Hannah.Snyder@psc.com
Source: Long- and short-term transactions, competitive and negotiatied. Thompston Reuters, as of 1/19/2023
PiperSandler.com ©2023. Piper Sandler & Co., 800 Nicollet Mall, Suite 900, Minneapolis, Minnesota 55402-7036. 5/23 CM-23-0736
www.mocities.com
47
gilmorebell.com
The choice of a lawyer is an important decision and should not be based solely on advertisements. Gilmore & Bell, PC has offices nationwide.
48
theReview January/February 2024
1 (800) 844-3232 info@gilmorebell.com