MML Review Magazine, May/June 2019

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 May/June 2019

Smart Sewers In Kansas City

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THE MISSOURI MUNICIPAL

May/June 2019; Volume 84, No. 3

CONTENTS Features 7 Smart Sewers

by Jennifer Rusch

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10 Negotiating Public-Private

Partnerships For Public Works Projects

by Mark Spykerman and Erick Creach

14 Analyzing Rates To Plan For And Fund Future Infrastructure Needs

by Travis Bruemmer

16 Mission Tallahassee: MPUA

Mutual Aid Line Crews Help Rebuild Tallahassee's Electric System After Hurricane

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by Kerry Cordray

21 Cass County And City Of Peculiar School Road Project

by Carl Brooks

23 Medical Marijuana: Impact On Personnel Laws

by Ivan Schraeder

30 Public Works Projects Around The State

Departments

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36 Local Government Review: Partners in Governance Conference Photos

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MML Calendar Of Events/ Members' Notes

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS President: Council Member Chris Lievsay, Blue Springs: Vice President: Tim Grenke, Mayor, Centralia; Eric Berlin, City Administrator, North Kansas City; Rob Binney, Council Member, Lee's Summit; Paul Campo, Attorney, Williams and Campo, PC; Chuck Caverly, Councilman, Maryland Heights; Adam Couch, Mayor, Odessa; Michele DeShay, Mayor, Moline Acres; Sally Faith, Mayor, St. Charles; Joe Garritano, Council Member, Wildwood; DJ Gehrt, City Administrator, Platte City; Barry Glantz, Mayor, Creve Coeur; Debra Hickey, Mayor, Battlefield; *Bill Kolas, Mayor, Higginsville; *Norman McCourt, Mayor, Black Jack; Marcella McCoy, Finance Director, Harrisonville; Susan McVey, Council Member, Poplar Bluff; Cindy Pool, Council Member, Ellisville; *Immediate Past President Matthew G. Robinson, Mayor, Hazelwood;*Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Samuel Snider, Alderman, Willard; Scott Wagner, Council Member, Kansas City; *Gerry Welch, Mayor, Webster Groves; Jeanie Woerner, City Clerk, Raymore *Past President AFFILIATE GROUPS Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs EDITORIAL Laura Holloway / Editor Lholloway@mocities.com Dan Ross, Richard Sheets, Lori Noe Contributing Editors The Review May/June 2019; Volume 84, No. 3 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.

Cover Photo: Leading Kansas City’s charge to find cost-saving infrastructure solutions is Special Assistant City Manager Andy Shively, a 25-year water industry professional with a reputation for bold perspectives and industry-altering solutions.

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. www.mocities.com

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President's Review

by Chris Lievsay, Council Member, Blue Springs, and MML President

Managing Resources Wisely Missouri celebrated Local Government Week last month. It is always a wonderful opportunity for communities to be able to celebrate the impact local government makes in a citizen’s day-to-day life.

"

Use League staff, the website, trainings and conferences as a continual resource to strengthen the services you offer citizens.

"

Kicking off the week was an important development in the Missouri General Assembly. Members of the Missouri House of Representatives held a press event on April 15 to announce the formation of a Missouri Local Government Caucus.

Comprised mostly of legislators that have previously served in local government for their city, county or school board, this Caucus has already begun to meet. Working together, they will enable all Missouri representatives to have a better understanding of how proposed legislation affects communities at the local level. I look forward to watching this caucus develop. More than any other form of government, local government is closest to the people, and the formation of this caucus is a strong step in helping that fact to be recognized at the state and federal level.

I also want to welcome all of Missouri’s newly elected officials after the recent April elections! One of the best ways we can all serve effectively is to educate ourselves.

MML’s Elected Officials Training Conference (EOT) is coming up in Columbia June 6-7. Especially if you are a newly elected official, this event is an ideal way to obtain a nuts and bolts review of the important issues you will regularly face as a municipal official. This Conference is valuable for experienced officials as well, covering the changes that continually occur on topics such as the Sunshine Law, conducting city business, personnel law and more. Find all of the details and registration information at www.mocities.com, or check on page 20 in this issue of the Review magazine.

Much of the training offered at the League’s Elected Officials Training Conference applies to requirements for the Municipal Governance Institute. Completing the MGI program allows you to become a Certified Municipal Government Official. Hundreds of Missouri officials have taken their leadership to a new level through this program and can bring these skills to serve their communities in new and engaging ways.

Visit MML’s website to find out more about this program or pick up information at the Conference.

Have you already completed the MGI program? MML is excited to share details on the new MGI Advanced Certification. Building on the foundation of the original certification program, the advanced level offers new challenges and rewards. Each customcrafted module is tailored to assist Missouri local officials in their mission to better serve their municipality.

Over recent years, citizens have shown trust in their local government to use resources wisely and make the best decisions for their local community. Keep that trust by managing your resources wisely and staying educated. Use League staff, the website, training and conferences as a continual resource to strengthen the services you offer citizens.

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Director's Review

by Dan Ross, Executive Director, Missouri Municipal League

Ready To Serve It is exciting each year to welcome new Missouri local elected officials as they begin serving after the April municipal elections.

With new elected leaders coming on board, this is a perfect time to remind you of the many services MML provides that help you govern in your community with the tools you need to thrive.

As a local government official, you face many challenges and opportunities that impact your community each day. MML is your go-to resource to help you serve your citizens and improve your communities quality of life.

For 85 years, we have served as the united voice for Missouri cities. We are proud to provide strong and strategic advocacy at the state and federal level, timely training materials and expert knowledge to assist with your questions.

Our mission is simple: “To strengthen cities through a united voice, cooperation, effective services and a proactive agenda.”

Some specific services that help us achieve our mission to strengthen your city are: •

Weekly Capitol Reports during the state legislative session, in addition to federal advocacy and representing cities in the courts;

•

MML Inquiry Service, where MML policy and member associates answer thousands of questions each year on topics ranging from Animals to Zoning;

•

Training and Networking events, including one geared for new officials, a legislative conference, the annual conference, and numerous regional meetings;

•

Monthly webinars, with expert advice on the most-pressing topics, such as medical marijuana or the local use tax. These webinars are recorded as well for on-demand learning.

•

A certification program, the Municipal Governance Institute, that allows you to train to become a Missouri Certified Local Government Official;

•

Printed and electronic publications, including a monthly e-newsletter, bi-monthly magazine, technical bulletins and a member directory; and

•

An online One Stop Shop, where members can search the latest resources by topic, including sample ordinances, technical bulletins, articles, presentations and much more.

Our staff is always ready to assist your city. Make sure to say hello at the next training opportunity, or call us with your questions.

Your MML is here to help you be successful, and we appreciate you allowing us to serve.

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FEATURE Review

by Jennifer Rusch

Smart Sewers In Kansas City The city of Kansas City, Missouri, expects to spend more than $350 million to maintain clean and reliable water services over the next fiscal year – an investment driven in large part by a 25year, $4.5 billion-dollar federal consent decree that began in 2010. Since the onset of Kansas City’s Smart Sewer program to meet the requirements of the consent decree, the City calculates that customer wastewater rates have risen more than 290 percent while annual median household incomes have only increased a mere 1% per year.

“The financial burden placed on our customers does not go unnoticed,” says City Manager Troy Schulte. “Kansas City is actively searching for cost-effective solutions that we hope will significantly reduce future rate increases and meet federal clean water requirements.”

Leading the City’s charge to find cost-saving infrastructure solutions is Special Assistant City Manager Andy Shively, a 25-year water industry professional with a reputation for bold perspectives and industry-altering solutions.

In 2016, Shively issued a Billion Dollar Smart Infrastructure Challenge to the local contracting community, asking local stakeholders to join him in finding $1 billion in water and wastewater infrastructure savings. The intent of Kansas City’s Billion Dollar Smart Infrastructure Challenge, however, was not a mere reduction in capital expenditure, it was a mission to leverage data and technology in order to deliver more sustainable and cost-effective solutions that would eventually help ease the burden on rate payers.

“Each of us has a responsibility to our rate-payers, and to future generations,” says Shively. “I refuse to leave a legacy of debt and disintegrating infrastructure for our children and grandchildren.”

At the time, the City’s Billion-Dollar Challenge was

unheard of. The challenge was received with both awe and skepticism.

“When Andy issued the Billion Dollar Smart Infrastructure Challenge, I asked him point-blank if he really thought he could find $1 billion in cost-efficiencies,” remarked Schulte. “Andy promised me that he would not only meet that challenge, he would crush it.”

Part of Shively’s strategic plan to find Kansas City $1 billion in infrastructure cost-efficiencies lies within the City’s existing infrastructure, much of which is more than 100 years old.

According to Shively, the City’s existing sewer system has tremendous potential for capacity and longevity, if the City spends the time and the investment to learn.

“The infrastructure we have in place today is capable of much more than we realize,” states Shively. “By understanding and rehabilitating the system that already exists, we can adapt best management practices and begin to utilize existing assets to the maximum extent possible (UEA-MEP).”

So far, the City’s investment has proven to be very beneficial. Through the process of system characterization, the City found significant discrepancies in its existing mapping system. For example, the City discovered 650 manholes and 1,000 connecting pipes the City did not previously realize existed. Thousands of additional asset attribute updates were made including corrections to pipe size, material, flow direction and system usage.

However, system characterization is only one part of the City’s plan to realize the potential of its existing sewer system.

To find solutions for the Billion Dollar Smart Infrastructure Challenge, Kansas City would need to look deeper – approximately eight feet deep. In fact, one of Kansas City’s smartest assets now lives within in its 100-year-old sewer infrastructure. www.mocities.com

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Left: Kansas City’s smart sewer network consists of sensors attached to manhole covers. The sensors measure water flows and levels at critical points throughout the City’s wastewater system.

Right: Special Assistant City Manager Andy Shively.

This smart asset comes from Xylem’s intelligent urban watershed brand EmNet. The company’s product, a smart sewer sensor and data analytics, is designed upon the premise that the same technology used to track terrorist activity in war zones could potentially provide critical insight and savings for utilities facing costly aging infrastructure concerns.

The system was first tested in South Bend, Indiana, and the proprietary IoT technology-based solution has since been brought to 25 additional water and wastewater systems, including the city of Kansas City, Missouri.

Kansas City’s smart sewer network consists of sensors attached to manhole covers. The sensors measure water flows and levels at critical points throughout the City’s wastewater system. Sensor data is used to train an artificial intelligence (AI) system that then acts as the “brain” of the 100-year-old sewer system to predict how the Kansas City’s sewer system will perform during various storm conditions. The system then uses the predictions to decide how to best route flows during storm events.

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theReview May/June 2019

“Kansas City is a leader in overflow control solutions and is currently home to the world’s largest smart sewer system” states Luis Montestruque, president and chief technology officer of EmNet. “In an industry that is often reluctant to adopt technology-based solutions, Kansas City is proving that smart technology solutions have the potential to unlock the potential of what already exists within our nation’s infrastructure.”

Kansas City has successfully used the artificial intelligence technology to better understand and improve its hydraulic model – improving the model in some cases from 50% accuracy to 90% accuracy in four short months. Kansas City’s improved hydraulic model is anticipated to help the City achieve overflow capture and cost savings like those achieved in the original pilot city of South Bend, where 70% of the City’s overflow capture was achieved with one tenth of the City’s planned budget for controlling combined sewer overflows.

“Like many cities across the nation, Kansas City has a 100-year-old sewer asset that must be reconfigured to meet 21st-century challenges,” says Shively. “Rather than building a new sewer system, Kansas City is learning how to optimize the existing infrastructure to meet our needs. What we are

learning is that the infrastructure we have can be used to help address the issues at hand.”

The AI technology in the City’s smart sewer sensor network uses National Oceanic and Atmospheric Administration (NOAA) forecasts to decide the most optimal place to store or direct wastewater in Kansas City’s sewer system. Once real-time controls are in place, this information will be electronically relayed to pump stations and in-line gates so that the sewer system can align itself, in real-time, to optimize the conveyance, storage and treatment of incoming storm and waste water.

To learn more about Kansas City’s Smart Sewer program, visit www.kcmo.gov/smartsewer.

Information about EmNet can be found online at www. emnet.net.

Jennifer Rusch is a strategic marketing professional at Burns & McDonnell, specializing in communicating complex infrastructure programs in relatable and understandable ways. She lives and works in Kansas City, Missouri.

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FEATURE Review

by Mark Spykerman and Erick Creach

Negotiating Public-Private Partnerships For Public Works Projects P u bl i c - pr iv ate partnerships or “P3s” are currently marketed to municipalities as a “new and novel” way to fund and implement public works projects, such as transportation, utility, or park and recreation facility improvements.

While there has been some expansion in the types of projects using a P3, the truth is that the underlying legal structures are not new or novel, and the P3 typically will not create any new revenue source to fund a project. P3s still can be a valuable tool for municipalities; however, like any financing tool, a P3 will be beneficial only if the municipality identifies its financial and/or operational objectives and uses the most appropriate P3 arrangement to meet those objectives.

A public-private partnership is any contractual arrangement under which a public entity and a private entity agree to share risks and/or revenues arising from the design, construction, finance, ownership and/or operation of a project. In most instances, the written agreement implementing a P3 is not a “partnership” in the corporate sense, but rather a contract where each party has certain rights and responsibilities.

Many municipalities already have agreements in place that fit within this broad definition, such as energy savings contracts, utility system management or operating agreements, and tax incentive

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theReview May/June 2019

agreements associated with economic development projects.

More recently, P3 arrangements have been proposed as a new source of funding or financing to improve public infrastructure. While P3s can be used to finance, construct or operate public works projects, a revenue source to pay the cost of the project (such as taxes or user fees) must still be identified.

Furthermore, a P3 structure will only be superior for a municipality, in comparison to a traditional approach (where the municipality designs, finances, owns, operates and maintains its project), if: (1) the P3 arrangement reduces the overall cost of constructing, operating and/or maintaining the project by virtue of efficiencies gained from the private entity’s access to capital or expertise; and/or (2) the P3 arrangement shifts significant financing, construction or operation risks to a private entity.

P3s can be adapted to fit a variety of needs and objectives, but often take one of the following forms when used by municipalities: Design-Build Par tnership: A Design-Build Par tnership may be the oldest and m o s t c om m on l y used form of publicprivate partnership.

Under this structure, the municipality and the private entity partner to develop a conceptual design for a new public project or renovations to an existing public facility and then complete the project to those design standards. Payment is a negotiated fixed fee (or an objectively determinable fee) that is payable only when the project is completed and delivered to the municipality. The private entity should bear most, and ideally all, of the risks associated with construction delays or cost overruns. The private entity is also responsible for obtaining interim construction financing necessary to complete and deliver the project to the municipality on a turnkey basis. At that point the municipality is responsible for funding the total agreed purchase price.

Through this structure, the private entity has the potential to derive a profit (and it bears the corresponding risk of loss) based on its ability to control the cost incurred to complete the project.

Missouri has codified the process for a municipality to enter into a DesignBuild Partnership arrangement in

Section 67.5060 of the Revised Statutes of Missouri.

Design-Build-Finance Partnership: T h e D e s i g n - Bu i l d Par t n e rs h ip arrangement can be modified to allow the municipality to take possession and control of the project upon its completion, but to pay the private entity the purchase price for the completed project over time. Under this structure, in addition to delivering the completed project at an agreed price, the private entity also must secure long-term permanent financing for the project that will be retired from periodic payments from the municipality, including, in some instances, amounts raised from the sale of tax credits or participation in other tax incentive programs. The municipality’s ongoing payment obligation to the private entity usually is funded from taxes, operating revenues, and/or user fees paid by the public. The Design-Build-Finance Partnership structure is used less often in public works projects because a municipality’s cost of financing on a tax-exempt basis often is substantially lower than a private entity’s cost of raising equity or borrowing funds on a taxable basis.

Design-Build-Operate/Maintain Partnership: In a Design-Build Partnership or a Design-Build-Finance Partnership, the P3’s performance obligations are complete when the project is delivered to the municipality.

In a Design-Build-Operate/Maintain Partnership, the private entity also has ongoing responsibilities related to the operation and maintenance of the project. The private entity’s ongoing maintenance obligations may be documented as a separate warranty or maintenance contract, and payment to the private entity may be made in a single lump sum when the project is delivered or paid in periodic installments. If the private entity also assumes the obligation to operate the project, payments are usually structured as periodic installments over the contract term.

Operate or Operate/Maintain Partnership: In instances where the municipality has an existing facility,

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an Operate or Operate/Maintain Partnership may be utilized to arrange for private management or operation of the facility. While these arrangements may seem as simple as any other contract entered by the municipality, there are potential pitfalls that must be addressed. The municipality must comply with any applicable competitive bidding requirements and, if the facility was financed with the proceeds of a tax-exempt bond or other obligation, the municipality must ensure that the contract does not inadvertently violate any of the rules, regulations or covenants associated with the financing. Generally, if a facility was financed, the municipality’s bond counsel should be consulted prior to beginning negotiation of a management or operating agreement.

Economic Development or Tax Incentive Partnership: Missouri law provides several tools for granting tax incentives in exchange for economic development or using tax incentive tools to finance or induce the construction of public infrastructure by a private entity. A common example of this type of P3 is a municipality using tax increment financing or special tax district revenues to reimburse

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a private developer for the cost of public infrastructure improvements.

This type of P3 arrangement usually is documented in a development agreement that spells out the private entity’s responsibilities to build, operate and maintain the desired economic development project and associated infrastructure, in exchange for the municipality’s commitment to fund or reimburse the private entity for a portion of the costs.

Depending on the specific circumstance involved, P3 arrangements may have several advantages for the municipality. A P3 arrangement may fast-track design and construction and achieve overall project savings by tapping into specific technical expertise of the private entity. A private entity may contribute to construction financing where it would otherwise be infeasible, inconvenient or risky for the municipality to do so. If a private entity is used to operate or maintain the project, the municipality may be able to negotiate a lower operating cost, or it may fix its operation and maintenance expenses for the duration of the contract term. This may help a municipality with budgeting and reduce or eliminate the need to establish

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Finally, a P3 structure may allow the municipality to attract economic development and investment to its community and achieve commitments to maintain and operate that private investment over an extended time frame.

There are some potential disadvantages of P3s. The private entity may not have the financial wherewithal to adhere to a long-term arrangement for operation or maintenance. If the private entity files for bankruptcy, the municipality’s ability to obtain remedies for a breach of contract may be limited. Accordingly, there is a risk that the municipality will be left to find another private partner or must complete, operate or maintain a facility itself if the original private partner does not perform. For these reasons, significant due diligence must be completed to fully understand the capabilities and financial strength of the private entity before entering into a P3. Performance guarantees, liquidated damages, termination rights, performance thresholds and other terms typically will need to be negotiated in

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a P3 agreement to mitigate these risks.

B e f o r e u n d e r t a k i n g a ny P 3 ar rangement, t he municip a lit y should evaluate the overall cost of participating in the P3 versus the cost of independently constructing, operating and/or maintaining the project. If a P3 arrangement is undertaken, a non-exhaustive list of items that the municipality will need to address in a properly negotiated P3 include: • the scope and duration of the P3; • the financial viability of the project or facility following its completion; • the financial and technical ability of the private entity to complete and/or operate the project; • the revenues that the municipality will commit (or tax revenues it is will forgo) in furtherance of the P3; • any economic development, job creation, elimination of blight, public nuis ances, or ot her economic or social factors that will be improved by participation in the P3;

the performance metrics and other thresholds for various levels of municipality involvement; and the remedies available to the municipality if the private entity defaults on its obligations.

If these items cannot be addressed to a municipality’s satisfaction, it may be better served using more traditional means of construction, financing and operating the project.

Finally, the municipality should engage advisors (legal and otherwise) that are knowledgeable in municipal law, various financing alternatives for public works, and the construction and operational aspects of the specific project. These advisors should be engaged early in the process to ensure that the negotiated P3 structure is legal; does not violate any outstanding financing documents or agreements; will achieve the contemplated economic results; and adequately protects the municipality in the event of a default by the private entity.

Mark Spykerman and Erick Creach are shareholders in Gilmore & Bell, P.C. (www. gilmorebell.com), a leading public finance law firm with offices in Missouri, Kansas, Illinois, Nebraska and Utah. Spykerman and Creach have assisted numerous municipalities with financing public works projects, both through traditional tax-exempt bond financings and public-private partnerships. They may be contacted by email at mspykerman@ gilmorebell.com and ecreach@gilmorebell. com or by telephone at (314) 436-1000.

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FEATURE Review

by Travis Bruemmer

Analyzing Rates To Plan For And Fund Future Infrastructure Needs According to a 2018 American Water Works Association report, renewal and replacement of infrastructure and financing for capital improvements top the list of water industry concerns for the fourth year running1. This is understandable as state and federal funding levels continue to decline.

Systems are required to be more and more self-reliant when it comes to funding. Therefore, well-researched rate structure analysis that aligns with long-term system needs is critical to the ongoing sustainability of water systems.

Water services should be priced to accurately reflect the true costs of providing quality water to consumers. Yet, as a percent of household income, U.S. households pay less for water and wastewater than other developed countries according to the U.S. Environmental Protection Agency2.

Cover Your Daily Operations Most water systems charge a set flat fee, or base rate, that helps to pay for the base costs of providing water including personnel; daily maintenance; the electricity needed to transport and clean the water; and other fixed operating costs. However, the mistake some water providers make is to set their rates based on current costs and not collect funds for future deferred maintenance. For a system to be sustainable, user fees need to generate funds to fill three buckets of system expenses — daily operations, rehabilitation of existing infrastructure, capital investments and expansion.

Develop An Understanding Of System Needs, Value, And Replacement Costs An important next step of evaluating user rate structures is to understand the true costs of replacing existing infrastructure. As water needs grow and infrastructure ages, rates need to consider not only the current operating budget but also the future cost of replacing facilities that are nearing the end of their life. A good inventory of a water system’s infrastructure assets allows the system’s management to understand the maintenance needs and overall system’s value.

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Knowing the value of a water system’s infrastructure is also important when dealing with wholesale supply contracts, extraordinarily high-use customers, and territory boundary negotiations.

Yet, most systems do not know the true value of their assets. Audits can provide very inaccurate estimates because they are typically based on depreciation of original construction cost. For example, a mile of 6-inch pipeline constructed in 1992 may have originally cost $5 per foot, or roughly $26,500 per mile. If it has depreciated half of its life, it would be valued today at a little more than $13,000. Yet, if that pipe was replaced today, it would cost about $10 per foot, or $53,000 for a mile.

Determining the replacement costs of infrastructure must be done independently of any audit to accurately identify the amount of funds that will need to be collected annually to cover the anticipated future costs of replacement based on the expected life cycle of that infrastructure. Managers should work with their engineer to establish a system-wide value using replacement costs. A GIS database also helps in this effort.

Plan For The System’s Future A strategic or master plan is an important tool that can be utilized when considering future system needs. These plans help set a vision that links daily decision to where an organization wants to be in three to five years, coupled with an understanding of likely infrastructure requirements in 10 to 20 years. The plan also can help guide a water system financially. It can help identify shortcomings and set a path to overcome them. An effective master plan will identify phased improvements; estimate both construction and non-construction or operation costs associated with the improvements; project future expense budgets; and detail the required rate structure necessary to meet those expenses.

With this information, water districts can incrementally adjust rates annually and avoid the sticker shock of large increases.

The chart on the right (figure 1) is an example of various rate approaches. The top red line is an example system’s estimated required capital reinvestment for long-term maintenance, replacement and continued growth. The purple line shows an approach of setting user rates based just on the current operations and maintenance (O&M) needs. The green line shows an approach of adjusting rates once at the start of the 10-year period without an annual increase but including cost considerations for future capital reinvestment projects along with the current O&M needs. The blue line shows how setting a rate based on those current and future cost needs, but also setting an annual increase rate of 4% could help a system get closest to building up reinvestment funds to cover the system’s projected true costs.

In these times of tightening budgets, increasing regulations and aging infrastructure, a well-crafted plan of a system’s future goals and needs and a user rate structure that aligns with future infrastructure needs are as important now as ever before.

Travis Bruemmer is a water resources engineer out of Bartlett & West’s Jefferson City, Missouri office. Since its founding in 1951, Bartlett & West has been providing water engineering and other consulting solutions to communities throughout the Midwest.

Reinvestment Funding Needs and Rate Adjustment Comparison

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2019

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2028

Estimated Required Capital Reinvestments (Cumulative) Actual Projected Reinvestments using Proposed Rates with a 4% annual increase (Cumulative) Actual Projected Reinvestments using Proposed Rates with no annual increase (Cumulative) Actual Projected Reinvestments using Existing Rates (Cumulative)

Figure 1

End Notes: 1 https://www.awwa.org/publications/connections/connections-story/ articleid/4944/2018-state-of-the-water-industry-report-reveals-long-termtrends.aspx 2 https://www.epa.gov/sustainable-water-infrastructure/pricing-andaffordability-water-services

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FEATURE Review

by Kerry Cordray

Mission Tallahassee: MPUA Mutual Aid Line Crews Observe Public Power Week By Rebuilding Tallahassee Electric System After Hurricane's Fury In the last three years running, a powerhouse trio of hurricanes, each spaced about a year apart, battered the electric systems of mainland Florida. And in each case, Missouri and Arkansas lineworkers organized

by MPUA have been on hand to help life get back to normal.

As Hurricane Michael bore down on the Florida Panhandle, an early morning email to MPUA on Oct. 8, 2018, from the American Public Power Association activated MPUA’s mutual aid network. Recruiting calls went out to member cities.

Within 24 hours, line crews from 10 MPUA-member utilities were ready to hit the road. The crews hailed from the Missouri cities of Carthage, C olumbia, Hannibal, Higginsville, Independence, Macon, Nixa, Poplar Bluff and Waynesville, plus a crew from Conway, Arkansas. The combined force of 47 MPUA-organized lineworkers equipped with eight bucket trucks, seven digger trucks, and 11 other linework vehicles rolled south toward the Gulf coast from their respective towns. They would arrive in Florida two days later to join hundreds of other workers from across the nation.

“After 2016’s hurricanes (Hermine and Matthew), and then Hurricane Irma in 2017, we thought we had seen and experienced the worst,” said Amy Zubaly, executive director of the Florida Municipal Electric Association.

“We thought we’d be spared from another storm of that magnitude at least for a few years. And then

exactly 13 months later after Irma, while public power communities nationwide were in the middle of celebrating Public Power Week, the panhandle of Florida was devastated by Hurricane Michael.”

Michael made its violent Oct. 10 landfall as a Category 4 storm and remained a Category 4 as it tore through the Panhandle. It was the strongest hurricane on record to ever strike the region, and the fourth strongest, by wind speed, ever to make landfall in the contiguous U.S. With 155 mph winds, just 2 mph shy of a Category 5 storm, the full path of the storm was immense, and the destruction was widespread, laying waste to thousands of homes and buildings, splintering trees, and crumbling roads and utility infrastructure.

The Missouri and Arkansas mutual aid crews became a strong part of a powerful relief force, ready to begin a huge task. “More than 600 personnel

Helping Those In Need The mutual aid response from the Missouri and Arkansas public power utilities was coordinated through MPUA’s mutual aid network. Assisting cities are reimbursed by the municipal utilities receiving assistance. Nationally, mutual aid agreements organized through the American Public Power Association link more than 2,000 public power and rural electric cooperatives, so they can help each other in times of need.

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theReview May/June 2019

from 16 States and more than 80 public power utilities came to help us restore power, and in some cases completely rebuild the electric grid in those communities,” said FMEA’s Zubaly.

“At peak, more than 400,000 customers in the region were without power, with nearly 122,000 of them from five Florida public power communities - Tallahassee, Havana, Quinc y, Chattahoochee and Blountstown.”

For James Pittman, a journeyman lineman from Carthage Water & Electric Plant (CW&EP), the mission was his first experience of such widespread damage. “We got to Tallahassee just as the hurricane was beginning to roll through,” said Pittman. “We weren’t very close to where the damage was worst, but going out the first day, my impression was similar to what we see here after a tornado, except on a massive scale. You’ve got trees down, lines and poles broken, trees through houses.

Where we worked in Tallahassee, it was that kind of destruction but on a far bigger scale – an entire town, not just a piece of town.”

The MPUA-organized teams worked for seven days in the capital city of Tallahassee, where 96% of the city’s electric distribution system and 60% of the transmission system was down. Crews l a b ore d l on g h ou r s under grueling physical conditions, made more bearable by the appreciation of those whose power was being restored. “You might get a few negative words, from some frustrated people who are the last to be restored,” said CW&EP’s Pittman.

“But most people are very friendly, and really thankful. Hotel workers – we weren’t even working in their area – would come out and thank us.

Just an overwhelming appreciation.”

Pittman went on to recall several special moments with residents. “One family stopped by just to give us some Krispy Kreme donuts. One local lineman that

Photo Credit: City of Tallahassee

we worked with, his family made us chicken and rice one day for lunch and brought it out to the work site. And one special-needs gentleman, just the look on his face when we got him hooked up, it brought tears to your eyes.”

The lineworkers work days were long, hot and tiring. But the work itself was mostly familiar. “There were some new things we’d never used before –

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different insulators, different sized wires we don’t use around here – a little bit of a challenge at first,” said Pittman. “But you learn your little tricks on it, and soon it all works out really well.”

Pittman said that power restoration work is much the same everywhere, regardless of location and scale. “It’s just like for storms around Missouri.

You start out, kill a feeder line so you could get a main line back up. But working restoration on that scale, communication and coordination become a bigger part of the job,” Pittman explained further.

“On one line we probably had five different utilities, some from Missouri, some from Florida, working down the line. They’d give us a section, and you’ve got to coordinate with the rest of them. There’s a lot of running back and forth, because all your radio systems don’t necessarily coincide with each other.

So, you’d have to run down the road, talk with the other crew, they’ve got to run back and talk to you, you kind of get a coordination plan worked out as you go along, with how to respond if something would go wrong

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or you’d have to stop your work. You’re mostly working with the same bunch of guys, so after a while it goes better and better. But I guess I wouldn’t say it ever turned routine. It’s challenging, and you’re not working with materials you’ve always worked with.”

Seven days and thousands of workershours later, power had been restored to 95% of Tallahassee electric customers, and the Missouri and Arkansas crews were released with the thanks of the city of Tallahassee. “Thousands of people’s lives were forever changed on October 10 and it will take some time to fully rebuild the communities that were so severely devastated,” said Zubaly. “But just 12 days after Michael unleashed its wrath, with the help of hundreds of public power personnel from around the country, our five public power communities there had restored power to all their customers who could take power.”

Kerry Cordray is a public information officer for the Missouri Public Utility Alliance (MPUA), where he has worked since 2012. He previously served as a public radio reporter and as a communicator for the Missouri Department of Natural Resources.

This article reprinted with permission from the Missouri Public Utility Alliance Advantage Magazine, Winter 2018. Find the magazine online at https://mpua.org/page/magazine.

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theReview May/June 2019

URI

FEATURE Review

by Carl Brooks

Cass County And City Of Peculiar: School Road Project C ompleting the S chool Road corridor has been a long-term goal of Cass County, the cities of Raymore and Peculiar, and the Missouri Department of Transportation (MoDOT), for more than a decade.

From the start of this endeavor in 2004, with the school district’s addition of South Middle School; the construction of a new district headquarters on the corner of School Road and Peculiar Way; the growth of the school district; and new subdivisions, heavy traffic was increasing on School Road.

Kaw Valley Engineering was hired by the city of Peculiar in 2006 to perform a corridor study of School Road from 203rd Street to J Highway; and 211th Street from School Road to J Highway. In 2010, Cass County hired Cook, Flatt & Strobel (CFS) Engineers, P.A., to design School Road from Hubach Hill Road in Raymore to 211th Street in Peculiar. The initial total cost estimate of the School Road project from Hubach Hill Road in Raymore to 211th Street in Peculiar, with a threelane section of road with curb and gutter, was $6,941,538 (Oct. 2010). The length of the project was three miles.

Project Description The School Road Project Phase III is located next to the Raymore-Peculiar school campus in a growing area of Cass County, Missouri. Cass County, the city of Peculiar and MoDOT partnered to fund the School Road Project Phase III improved roadway from 203rd Street to Peculiar Way that has allowed the community to have improved access to

the Raymore-Peculiar school campus.

The School Road Project improved roadway itself is nearly a one–mile, two-lane collector, with a third lane for left turns. In this configuration, traffic crosses from the right side of the road to the center turn lane at five intersections besides the 15 residential driveways and school campus entrances along the roadway improvement.

The left-turn movements allow for free-flowing left turns before the left-turn movement, and free flowing left turns between the intersections and driveways. This design enhances the safety and capacity of the road improvement. Previously, School Road was extended north from 203rd Street to a signalized intersection at Hubach Hill Road in Raymore an additional two miles with a two-lane and center turn lane at intersections.

Lenthening the roadway has improved the access between the southern region of Raymore and the northern region of Peculiar.

CFS Engineers of Kansas City, Missouri, designed the project. Amino Brothers of Kansas City, Kansas, was awarded the contract to build the project and construction began in August 2017. The project involved more than 13,000 cubic yards of excavation; 4,900 lineal feet of storm sewer; 36 curb inlet-catch basins; five improved intersections; 1,557 square yards of sidewalk; 10,718 lineal feet of curb and gutter; and more than 1,700 tons of asphalt surface paving. The project was completed with minimal impact to travelers.

Project Cost This $2.1 million project took 10 calendar months to complete, and the community and school district praised the contractor’s team for opening the fully functional road before the end of the school year. This new roadway project has improved access and has become the gateway for the northern portion of Peculiar, Missouri.

Cass County funded the engineer’s cost of the project. The cost of the construction of the project was a 50/50 split between Cass County and the city of Peculiar. The project was awarded a $850,000 grant through the MidAmerica Regional Council (MARC) Surface Transportation Program.

MoDOT administered and distributed the grant funds.

Project Schedule The initial project schedule was that the contractor would start the day after school was dismissed for the summer on May 24, 2017, and to have the south end of the project completed prior to Aug. 22, 2017, the beginning of the new school year. However, that schedule did not happen. The project began in August 2018 and was completed in May 2018, exactly the same time that school was in session. During the construction process, city staff and the school district coordinated the project with the school campus in session.

One of the greatest challenges for the project was allowing the contractor to remain in active production work and allowing the nearly 5,000 students,

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Work plans and a hazard analysis were completed prior to each major activity. Construction hours were included in the contract to prohibit working either too early or too late.

This kept construction traffic off the roadway during peak hours to reduce the possibility of an accident. Lane closures allowed construction to continue alongside moving traffic and temporary barriers were used on School Road, 203rd Street, and 211th Street to keep workers safe in the work area.

Signage was used to inform traffic of work zones.

Environmental Awareness To m i n i m i z e e nv i ron m e nt a l construction disturbance of the project, the existing storm water detention basin located east of the project; the detention basin pipe outlet was increased from a 42-inch discharge pipe to a 48-inch discharge pipe. The design of the improvement project also included lush grass shoulders to help reduce runoff from the project footprint.

included information in a quarterly newsletter to residents, and three traffic advisories were sent out during the duration of the project. Additional traffic advisories were sent out in advance of traffic pattern changes by the school district. The contractor, the engineer, city staff and MoDOT personnel kept personal contact with residents and the school district.

Community Awareness

Conclusion

Before the project began, a public meeting was held to inform residents and get residential feedback. The City

The construction of the road improvement project began the first week in August 2017, and the safety of travel on School Road has improved to a higher level of service. The completed improvement project was built with all concrete curb and gutter, and sidewalk concrete pavement. Asphalt was used for the road pavement. The concrete and asphalt pavement will provide sustainable infrastructure for the economically growing Peculiar community.

This project is honored to have been selected by the KC Metro Chapter of APWA to receive the Project of the Year Award for Small Cities/Rural Communities, under Transportation.

Carl Brooks is the city engineer for the city of Peculiar.

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theReview May/June 2019

FEATURE Review

by Ivan Schraeder

Medical Marijuana: Impact On Personnel Laws This article is not intended to be a comprehensive treatment of the subject matter but is intended to highlight areas of potential liability for municipalities if they are not aware of and attentive to the risks associated with the applicable federal and state employment and labor laws and the Missouri constitutional provision covering medical marijuana.

In the paragraphs below, we look to provide general guidance to local communities on the issues that arise in employment law and personnel administration as a result of the adoption of the Medical Marijuana Constitutional Amendment (Mo. Const. Art. XIV Sec. 1). As with any consideration of circumstances related to employment law or personnel administration, the facts of a specific case lead to the correct process to be followed in resolving the problem presented.

Because of this, local entities are encouraged to seek guidance when a problem arises rather than to apply general principles to a case.

Notwithstanding this advice, local governments can prepare to properly address medical marijuana personnel concerns by having good policies in place before a problem presents itself. Such policies are controlled by the various federal and state employment laws. This article will identify what laws need to be addressed and what policies a local government should have in place.

while at work or disciplining the employee or former employee, up to and including termination from employment, for working or attempting to work while under the influence of marijuana.”

Location of marijuana use is also controlled by Subsection 7(7) which states that: “(7) No qualifying patient shall consume marijuana for medical use in a public place, unless provided by law. Violation of this prohibition shall subject the violator to sanctions as provided by general law.”

A “qualifying patient” means a Missouri resident diagnosed with at least one qualifying medical condition as defined by Subsection 2(16). The list of qualifying medical conditions is set out in Subsection 2(15) and the person who may prescribe medical marijuana is limited to “physician” as defined in Subsection 2(12).

Employment Provisions Of The Amendment

These sections are important to any analysis that a local entity must make to insure that it complies with the constitutional amendment and at the same time complies with the mandates of federal and state employment laws.

The major applicable laws for which particular attention needs to be made are the Americans With Disabilities Act As Amended (42 USC 12101 et seq) and its implementing regulations (29 CFR 1630); the Family & Medical Leave Act (28 USC 2601 et seq) and its implementing regulations (29 CFR Part 825); the Omnibus Transportation Employee Testing Act of 1991 (Pub. Law 102-143) and its implementing regulations (49 CFR Part 40); the Drug Free Workplace Act (41 USC 701 et seq); the Missouri Human Rights Act (Sec. 213.055 and 213.070 RSMo); and the Missouri Workers’

The initial inquiry is to review the applicable sections of the medical marijuana amendment that address employment matters. Subsection 7(1)(d) is the initial protection for local communities. The section provides that: “(1) Nothing in this section permits a person to: (d) Bring a claim against any employer, former employer, or prospective employer for wrongful discharge, discrimination, or any similar cause of action or remedy, based on the employer, former employer, or prospective employer prohibiting the employee, former employee, or prospective employee from being under the influence of marijuana

Impacted Federal And State Employment Laws

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to preserve the provisions of Subsection 7(1)(d) of the amendment.

The Americans With Disabilities Act As Amended (ADAA) and its implementing regulations provide employees with disabilities with Experts in Municipal Bond Financing protections from discriminator y actions. They also require employers to reasonably accommodate employees Martin Ghafoori | (314) 342-8467 | ghafoorim@stifel.com who have qualifying disabilities. Current use of controlled substances, of which Dan Smith | (314) 609-4126 cell | dan.smith@stifel.com marijuana is classified, are not considered disabilities under this law, but an Lorenzo Boyd | (314) 342-8477 | lorenzo.boyd@stifel.com employer is required to accommodate the underlying medical conditions of a Becky Esrock | (314) 342-2923 | esrockb@stifel.com disability which mandates consideration of reasonable accommodations for which 501 North Broadway | St. Louis, Missouri 63102 Stifel, Nicolaus & Company, Incorporated | Member SIPC & NYSE | www.stifel.com/publicfinance medical marijuana may be prescribed as a treatment.

ADAA also permits employers to make determinations under its provisions concerning immediate threat of health and safety to the public and employees.

Thus, when decisions are being made in relation to accommodations, the use of medical marijuana should be included as a potential threat in arriving at accommodations. Also, consistent with the amendment, current medical information must be used in assessing accommo dations. Such medical information should only be accepted from licensed physicians as defined by Subsection 2(12) and not other medical providers.

Contact Joe Lauber for your day to day or special project needs 816-525-7881 or jlauber@laubermunicipal.com Medical marijuana is still a controlled www.laubermunicipallaw.com substance which under federal law is illegal, so employer considered accommodations should not include The choice of a lawyer is an important decision and should use of the illegal substance. The not be based solely on advertisements. employer is not required as a reasonable accommodation to modify its work rules or collective bargaining agreements as these relate to possession and/or use of marijuana on city property, or for operation of vehicles Compensation Law (Sec. 287.120 RSMo). associated with consumption of marijuana and the potential While Missouri does not have a statute on collective impairments from consumption. Also, Subsection 7(7) of the bargaining, local communities need to know that the amendment prohibits a qualifying patient from consuming Missouri court decisions related to collective bargaining marijuana for medical use in a public place. Public places under the Missouri Constitution have the potential to reach would consist of any property owned or operated by a local enforcement of bargained agreements that contain any government. provisions related to drug testing and related disciplinary The Missouri Human Rights Act parallels the ADAA, actions. In negotiating such agreements, significant care needs as stated above, when assessing the requirements to avoid to be taken so as not to provide employees with employment disability discrimination and for making reasonable protections that are not mandated by the medical marijuana accommodations decisions. amendment and the applicable laws noted above, as well as

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theReview May/June 2019

The Family & Medical Leave Act (FMLA) and its implementing regulations relate to legally mandated absences from work without penalty for certain conditions and events. Inasmuch as medical marijuana is still an illegal controlled substance under federal law, employers need to be careful not to assess eligibility for absences based on the prescribing of medical marijuana. The mandated leave is controlled by the medical condition, not necessarily the treatment modality. It should also be noted that FMLA permits multiple types of healthcare professionals to determine the need for the leave. The medical marijuana amendment limits the issuance of prescriptions to physicians only so a careful scrutiny of the medical certification under FMLA should be made to eliminate all prescribers except physicians if or when medical marijuana is a part of the suggested treatment.

The question of potential impairment is yet another condition to be addressed when assessing a need for leave. Potential impairment should not be confused with “under the influence” as noted in Subsection 7(1)(b) and 7(1)(c). The amendment does not impose any more protections for employees than the other leave laws.

Many public employers have leave policies and collective bargaining agreements that contain provisions related to FMLA and its availability. These should be reviewed to determine if the use of medical marijuana is permitted now as those provisions were written before the amendment was adopted and not considered but which may be given new meaning.

The Omnibus Transportation Employee Testing Act of 1991 (OTETA) and the Drug Free Workplace Act also have an interaction with medical marijuana for covered employees.

These laws require adoption of drug free workplace policies that restrict medical marijuana from use and consumption in the public employers’ workplaces. OTETA also mandates that certain employees be tested for marijuana and prohibit the employee who tests positive under the mandated standards from performing work until a period of time has passed and an employee no longer tests positive. Under the OTETA mandates, testing of certain safety sensitive employees is to be conducted randomly. Other drug testing is required when an employee is suspected of being impaired through objective observable standards, as well as after certain accidents have happened. Return to work testing is also mandated so an employee who consumes medical marijuana may not qualify to perform the essential functions of that employee’s job thus prohibiting them from returning to work.

All employers should review their existing drug testing policies to ensure that the new amendment does not change the policies or the practices surrounding the policies. Policies that require disclosure to proper supervisors of consumption of prescribed substances that may impair an employee need to be followed so as to identify employees who are using medical marijuana and such policies need to be strictly enforced since Section 7(7) prohibits a qualifying patient from consuming marijuana for medical use in a public place. Public places would consist of any property owned or operated by a local government. Therefore, an employee is prohibited from working if medical marijuana is being used in the workplace.

The consequences of violation of the local government’s drug testing policy can result in disciplinary action. Such disciplinary action is not prohibited or protected under the amendment, but a collective bargaining agreement may contain protective language that provides protections not permitted by the amendment. Policies that allow for rehabilitation and reasonable accommodation as a condition to preserve a job from loss as a result of drug consumption should also be reviewed in light of the amendment.

The Missouri Workers’ Compensation Law provides employers some relief from benefits arising from a workrelated accident when the accident is connected with drug consumption. The impact of the new amendment will need to be assessed by each employer until judicial guidance is issued through case decisions.

Other Employment Issues for Consideration

There are other employment considerations that impact employment opportunities. Policies that relate www.mocities.com

25

to operation of motor vehicles and equipment after consumption of medical marijuana need to be reviewed in light of Subsection 7(1)(c). Protection of medical records under the Affordable Care Act and ADAA and HIPAA create issues for the public employer because of the privacy mandates associated with these two laws. Policies on personnel records associated with prescribed use of medical marijuana may be impacted.

Advice And Conclusions What the local government official and employers can clearly identify from this summary article is that all of the local entities’ employment policies that have any relation to medical marijuana should be reviewed immediately before a problem arises. Existing collective bargaining agreements and those under negotiation need to be carefully scrutinized to avoid providing employee protections for the use of medical marijuana and from the consequences of disciplinary action when the use is discovered. Public employers are encouraged to look to the other states that have adopted medical marijuana laws in advance of Missouri for assistance in predicting how Missouri may react as the amendment is implemented in the future. States with information of value from years of employment law experiences impacted by medical marijuana include Colorado, Illinois, New Jersey and California.

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theReview May/June 2019

At this early stage of the allowance of medical marijuana and the protections for employers, local governments should approach any changes to their existing policies and practices carefully. Our advice is to take slow and careful consideration in assessing the local government’s own policies, procedures, and activities under the identified laws and their impact by the medical marijuana amendment.

Ivan L. Schraeder is an attorney with Schraeder Law Firm and concentrates his practice in labor and employment law and collective bargaining for public employers in Missouri and Illinois. Schraeder is a frequent presenter on employment and labor law topics for the Missouri Bar Association, MML, and the Missouri Municipal Attorneys Association. Contributing research provided by Maggie A. Fuhr, Schraeder Law Firm.

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theReview May/June 2019

85TH ANNUAL CONFERENCE

September 8-11 ST. CHARLES CONVENTION CENTER

Full Registration ($400)

Keynote: Sam Glenn

Attitude Changes Everything!

With Sam Glenn, attitude changes everything. At one time, Sam Glenn was barely getting by working odd jobs at night.

He was negative, depressed and sleeping in his car or on borrowed floor space. It was a series of positive events from knocking over the legendary Zig Ziglar at a buffet to simple cups of coffee with good friends that gave Sam what he calls a KICK IN THE ATTITUDE to turn his life around. Sam began working on developing a more positive attitude.

As Sam's attitude changed, everything changed. He discovered renewed purpose, happiness and humor. For the past 20 years, Sam has become regarded as one of the most fun, entertaining and inspirational conference kick off speakers. Sam has been named "Speaker of the Year" on several occasions by meeting and event organizations and won two national awards for his training videos. In addition, Sam is a gifted artist and author of 23 books that focus on personal and professional development. Sam and his growing family currently reside in Carmel, Indiana.

Wednesday Breakfast Keynote: Medical Marijuana: Overview & Panel The conference closing breakfast will provide attendees with the opportunity to learn about the regulations and licensing procedures surrounding medical marijuana.

The opening presentation will feature Lyndall Fraker, director, Medical Marijuana Program, MO Dept. of Health & Senior Services. Afterwards, panelists will include Mara Perry, director of planning & development, Webster Groves; Eric Walter, general counsel, Mo-Cann Trade Assoc; and Kenneth Heinz, attorney, Curtis, Heinz, Garrett and O'Keefe.

Welcome Reception (2 drink tickets) Keynote Presentation NEW Coffee & Conversation Exhibit Hall Entry Monday Box Lunch Popcorn and Prizes Bacon & Business Meeting Awards Luncheon Breakfast Buffet & Keynote

Welcome Reception Join us for a reception Sunday evening held in the Exhibit Hall. Network with exhibitors and colleagues while enjoying appetizers and drinks.

Everyone is invited!

Coffee & Conversation *NEW Join us for a continental breakfast Monday before the Keynote address and network with exhibitors and fellow attendees.

Popcorn and Prizes After the conclusion of sessions on Monday, join us for popcorn and beverages in the Exhibit Hall.

At 4 p.m., exhibitors will draw names for prizes.

MUST BE PRESENT TO WIN.

Bacon & Business Kick off Tuesday morning with breakfast and add your voice to important changes proposed to the MML policy statement.

Awards Luncheon

Join us for lunch and to honor Innovation Award winners along with other award recognitions.

Register at www.mocities.com! www.mocities.com

29

PUBLIC WORKS Review: Projects Around Missouri Cape Girardeau: Missouri Water And Wastewater Conference

The Missouri Water and Wastewater Conference is an organization made up of water and wastewater professionals throughout Missouri. They focus on training and networking throughout the state. The southeast section of the Conference is hosted annually in Cape Girardeau at the Osage Centre.

The day included awards, classes, networking with vendors, and other activities. Around 150 professionals attended the Conference. Some of the highlights included class sessions about safety, maintenance, and management; and awards given to the wastewater operator, water operator, and water distribution operator of the year in the region.

While the day revolved around business, that does not mean there was not any fun. This year participants played a zombie game where they could shoot zombies and receive points for each hit. The top two scores won the nerf guns used in the game. Every participant that hit one zombie entered a drawing for $100. Other games included “Pop A Squat and Make a Shot,” where participants who made a putt while sitting on a toilet entered a drawing for $100.

Overall, the 2019 Conference was a success. Next year’s Conference is anticipated by water and wastewater professionals from the region, with attendance expected to grow.

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theReview May/June 2019

Columbia: City Roundabout

More community members in Columbia are realizing the safety and traffic-flow benefits that strategically designed roundabouts can offer at difficult intersections. National and local studies show that roundabouts maintain traffic flow while reducing crashes by 40 percent, and fatal/disabling crashes by 90 percent.

There had been 14 reported collisions at the intersection of Vandiver Drive and Parker Street in Columbia, with six reported injuries, since 2011. After gathering public feedback, engineers determined that a roundabout was the best solution. Not only did the City receive more than 50 positive comments in support of the project, but a nearby business volunteered to beautify the center of the roundabout.

A special approach was used for traffic control during construction. One lane remained open in alternating directions with a traffic signal on each end to control the direction of traffic. This allowed traffic to continue to use the street and move steadily through the area without the need for flaggers.

“The project received widespread positive support during our public involvement process,” Public Works Director David Nichols said. “But because this was a busy commercial street, we felt it was important to stage the construction in a manner to minimize disruption to local businesses.”

Grandview: Stormwater Management

ARCHITECTS

DESTINATIONS

PLANNERS

Creative.

Effective.

Innovative.

ST. LOUIS

In 2017, a 100-year rain flooded and damaged dozens of duplexes and homes in the city of Grandview, as well as some city parks and infrastructure. Less than a month later, it happened again. The increased frequency of these weather events and the resulting significant damage compelled public works to update its 30-year-old stormwater master plan.

For a timely and cost-effective solution, the City called on Burns & McDonnell. Instead of developing the traditional capital project list requiring significant funding, the team created a master plan for the digital age: a financially feasible, next generation stormwater master plan applicable for every city and every day.

In conjunction with TREKK Design Group, the teams developed a suite of tools to provide real-time analysis of stormwater issues. Using current city data, the team created map layers in a geodatabase framework, compatible on a multitude of platforms. These tools identify locations of current drainage issues, overland flow paths and any obstructions, and drainage service requests. Layering the tools paints a picture of how water moves through

WWW.PGAV.COM

KANSAS CITY

Grandview. Engineers can see how much area (acres) is draining to a point and how much stormwater (cubic feet per second) is anticipated during various storm events. These tools can also determine if existing pipes meet the minimum level of service per current regional design standards, as well as estimate the pipe capacity needed for future development.

Additionally, the tools make direct use of service request information, creating a people-centric model for engineering.

With the right tools in an easy-to-navigate dashboard, Grandview can now better manage stormwater on a day-today basis. The total project cost was $100,000.

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Jackson: Walk Jackson Walk Jackson is a way to introduce the citizens of Jackson, Missouri, to their public works department; a chance to involve citizens in public works; and an opportunity to educate citizens about their wards while interacting through fun and exercise. Walk Jackson challenges Jackson residents to walk their ward, or the equivalent of the street-miles in their ward. They do not have to walk every street or any street, although the challenge is to walk as much of the ward as possible and record it on the tracking sheet provided.

Special Red Rocks were hidden in each ward that could be redeemed for prizes. Those that complete at least one ward in the challenge received a certificate of completion. The first 50 registrations received a special Walk Jackson tee shirt.

The challenge began May 20, 2019, in conjunction with the beginning of National Public Works Week.

Participants were encouraged to keep an eye out for things that may need reporting to the public works department while out walking. Citizens were encouraged to contact the City when they saw things such as streetlights not burning at night, water running down the street when it should not be, or storm sewers that may be clogged.

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PUBLIC WORKS Review: Projects Around Missouri

Federal Flood Protection Grant Saves KC Millions

A federal grant will enable Kansas City, Missouri, to save more than $30 million on a project that will protect a major employment area from flooding.

The U.S. Army Corps of Engineers decision will enable millions of dollars in levee improvements along the Missouri and Kansas rivers. The federal dollars replace a previously required 35% local match.

“This federal funding keeps millions of dollars here in our local economy to support other needed improvements,” said Terry Leeds, KC Water Director. “It puts into motion construction on critical flood protection projects along Kansas City’s levee system, which is the third largest urban levee system in the country.”

The confluence of the Missouri and Kansas rivers includes a bistate area that was an encampment site of the Lewis and Clark Corps of Discovery Expedition in the early 1800s and among the region’s original settlement areas in the 1820s.

The new grant action will cover ongoing construction of the Central Industrial District Levee protecting what is known as the West Bottoms area of Kansas City, Missouri; and the nearby Argentine and Armourdale levees in Kansas City, Kansas.

The three levees protect more than seven square miles of primarily industrial properties valued at more $7 billion. The area is home to thousands of jobs, including redevelopment

bringing office, entertainment, recreational sports, dining, retail, and residential enterprises. It also is the heart of one of the largest rail centers in the country.

Areas along the Kansas and Missouri rivers through the metropolitan area are divided into seven levee districts. The Corps determined after the Missouri and Kansas River Flood of 1993 that the seven Kansas City area levees were at risk of overtopping.

Previously completed work since 1993 improved levees protecting the Northeast Industrial District (East Bottoms) of Kansas City, Missouri.; the communities of Birmingham and North Kansas City, and the Fairfax industrial area in Kansas City, Kansas.

Photo upper left: Improvements are coming to a levee protecting the West Bottoms area of Kansas City, Mo., thanks to a new federal grant.

(Photo by Karen Lim/City of Kansas City, Mo.) Upper Right: A view through a railroad bridge from the Riverfront Heritage Trail near the confluence of the Kansas and Missouri rivers shows a levee slated for improvement thanks to a new federal grant. (Photo by Karen Lim/ City of Kansas City, Mo.)

www.mocities.com

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Congratulations To MML's 2019 MML Innovation Award Winners!

City of Springfield (Extra Large) Give 5 Civic Matchmaking Program City of Nixa (Large City) Staff Think Tank City of Lebanon (Medium City) Fire Department Safety and Education City of Fair Grove (Small City and Members' Choice) Inexpensive Geographic Information System Learn more about MML's Innovation Awards at www.mocities.com!

Partner with us and realize

Greater Financial Stability Accurate, computerized billing and collections Precise financial reporting and record keepings Budget-conscious, proactive planning for growing communities Regular maintenance to minimize unexpected repair cost Professional staff experienced in financial management and long-term planning

Terry Merritt Director of Marketing/ Business Development 573-880-1706 tmerritt@alliancewater.com

AllianceWater.com

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theReview May/June 2019

June 13, 2019: Five Keys To A Healthy Council-Manager Partnership, presented

by Patrick Ibarra, The Mejorando Group

Construction Audit Services

Industry Expertise that Exceeds Your Expectations "Brown Smith Wallace has assisted the Internal Audit Section of the City of St. Louis with various construction audit projects. These projects have focused on reviews of contracts, payment applications and change orders. These construction audits have improved internal controls within the city, and have subsequently helped save taxpayer dollars. We value the expertise and personalized service the Brown Smith Wallace team has provided us."

Mohammad Adil, Audit Supervisor City of St. Louis • Pre-execution review of contracts • Pre-construction review of labor billing rates • Creation and implementation of the contract audit process • Implementation of an appropriate payment application structure, allowing efficient and effective periodic reviews • Interim audits of construction in progress

• Validation of labor cost billings, material purchases and identification of non-compliant charges • Reconciliation of subcontractor bid process with the contract • Analysis of equipment lease billings • Review of total billings for duplicate payments • Reconciliation of actual costs to estimated costs • Closeout audits of projects near completion

Ron Steinkamp CPA, CIA, CFE, CRMA, CGMA, CCA, CCP Advisory Partner and Public Sector Industry Group Leader 314.983.1238 rsteinkamp@bswllc.com

For more information on our construction audit services, visit brownsmithwallace.com/services-construction-audit.

www.mocities.com

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LOCAL GOVERNMENT Review

2019 Partners In Governance Conference City, county and school board officials from across Missouri gathered April 17, 2019, for the 5th Annual Partners in Governance Conference in Columbia, Missouri. This conference is a collaboration between partners: The Missouri Municipal League, the Institute of Public Policy at the University of Missouri-Columbia, the Missouri School Boards' Association, the Missouri Association of Counties and FOCUS St. Louis. This year's theme was "Building Bridges To A Safer Community," with presentations regarding emergency management, safety collaboration at the state and local level, bridging the gap in mental health services and more.

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theReview May/June 2019

LOCAL GOVERNMENT Review

Missouri Local Government Caucus The Missouri House of Representatives announced the formation of the Missouri General Assembly Local Government Caucus on April 15, 2019. The announcement was made at the beginning of Missouri’s Local Government Week. This bipartisan caucus of legislators is made up of former city and county officials, as well as school board members. Working together, they will enable all Missouri legislators to better understand how proposed legislation affects communities at the local level.

Missouri State Representative Bill Falkner, III, R-10, announces the formation of the Missouri General Assembly Local Government Caucus on April 15, 2019. Rep. Falkner has served as the mayor of St. Joseph and as a member of the MML Board of Directors.

MML looks forward to watching this Caucus develop. Local government is closest to the people, and the formation of this Caucus is a strong step in helping that fact to be recognized at the state and federal level.

Get to know a HERO!

"Government hero really doesn't describe me - I just try to meet the situations each day and reach a good result for the residents of Centralia. Every job we do as public workers affects people in town. When we finish a project we hear responses from citizens and its a win for everyone. Even small things like filling a hole with dirt in a yard, patching a hole in front of a driveway, or adding a little rock to the edge of the road. These jobs are appreciated and when people go out of their way to tell us "good job" it makes my day better. This is what makes me enjoy my work and leave things better for my family and the rest of the town. Small town living is made easier when we all work together and I wouldn't live any where else."

See more Local Government Heroes at retire.molagers.org/lgh

~Mike Forsee, Director of Public Works & Utilities, City of Centralia

800-447-4334 molagers.org

www.mocities.com

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MEMBERS' Notes Jay T. Bell Award

MML Calendar of Events May 2019 22 ����� MML Central Region Meeting, Centralia 23 ����� MML West Gate Regional Meeting, Excelsior Springs 27 ����� Memorial Day, MML Offices Closed June 2019 6-7 ����� MML Elected Officials Training Conference, Columbia, Missouri 10 ����� MML Webinar: Missouri Property Tax 13 ����� MML Webinar: Five Keys To A Healthy Council-Manager Partnership 20 ����� MML Policy Committee Meetings, Columbia, Missouri 27 ����� MML Southwest Regional Meeting, Aurora, Missouri

Blue Springs City Administrator Eric Johnson has been presented the Jay T. Bell Professional Management Award by the Missouri City/County Management Association (MCMA) at the recent MCMA Annual Conference in Lake Ozark, Missouri. The award recognizes a member’s outstanding commitment to the profession of local government management. The award is the Association’s highest honor for its members.

Richard R. Noll Award

July 2019 12-14 ����� Missouri Municipal Attorneys Association Summer Meeting, Osage Beach, Missouri 24 ����� MML Resolutions Committee Meeting 25 ����� MML West Gate Civic Leadership Award Banquet, Lee's Summit, Missouri 25 ����� MML Pop-up Training For Municipal Officials, West Plains, Missouri 30 ����� MML Pop-up Training For Municipal Officials, Aurora, Missouri August 2019 6 ����� Election Day 16-17 ����� MML Board of Directors Meeting, Columbia, Missouri

September 2019

Pam Hylton, assistant city administrator for the city of Richmond Heights, was chosen as the 2019 Richard R. Noll Outstanding Assistant Award by the Missouri City/County Management Association (MCMA). Hylton received the award at the recent MCMA Annual Conference in Lake Ozark, Missouri. The recipient must hold an administrative position that is responsible for assisting the chief administrative officer in carrying out various administrative duties and other responsibilities.

1 ����� Deadline to set property tax levies 4-6 ����� Governor's Conference on Economic Development, St. Charles, Missouri 8 ����� MML Annual Scholarship Golf Tournament, St. Charles, Missouri 8-11 ����� MML Annual Conference, St. Charles, Missouri Find more events and details on www.mocities.com and in the MML monthly e-newsletter.

Certified Municipal Clerk

Outstanding City Clerk Award

Kansas City City Clerk Marilyn Sanders has earned the prestigious Certified Municipal Clerk (CMC) designation from the International Institute of Municipal Clerks (IIMC). The CMC is one of the two professional designations granted by IIMC and is designed to enhance the job performance of the clerk in small and large municipalities.

Overland City Clerk Melissa Burton was presented with the prestigious Missouri City Clerks and Finance Officers Association’s 2019 Outstanding City Clerk Award at the annual MoCCFOA Spring Institute banquet in Columbia, Missouri, in March.

38 theReview May/June 2019

Excellence In Government Award The Government Finance Officers Association of Missouri selected Finance Director/Assistant City Administrator Joan Jadali of Webster Groves to receive the 2019 Excellence in Government Award. In 2012, Missouri GFOA created the Excellence in Government Award. This award is presented to the Government Finance Professional in the state of Missouri, who displays the high standard of leadership, professionalism, ethics and integrity promoted by the Missouri Government Finance Officers Association.

MRSC solved the puzzle Éwhile others are still Þguring it out.

Rating for Solving the Puzzle

Missouri Rural Services Corp.

Missouri Rural Services Workers’ Compensation Insurance Trust P.O. Box 104268, Jefferson City, MO 65110-4268 800-726-9304 www.missouriruralservices.com

www.mocities.com

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