The Missouri Municipal
Review
The Official Publication of The Missouri Municipal League
2013 Public Works Issue
May 2013
Missouri Securities Investment Program A Cash Management Program for School Districts, Municipalities and Other Political Subdivisions
The Missouri Securities Investment Program (“MOSIP”) is a comprehensive cash management program for school districts, municipalities, and other political subdivisions. MOSIP was created in 1991 by the Missouri School Boards Association. MOSIP offers its participants a professionally managed portfolio with competitive money market rates. MOSIP stresses “safety of principal” as the number one objective and is rated AAAm by Standard and Poor’s. Registered Representatives
William T. Sullivan, Jr. Managing Director 1-800-891-7910 x225 sullivanw@pfm.com
Maria Altomare Managing Director 1-800-891-7910 x222 altomarem@pfm.com
P.O. Box 11760 • Harrisburg, PA 17108-1760 1-877-MY-MOSIP 77 Port2013 Plaza Drive • Suite 220 • St. Louis, MO 63146 2 /West May 1-800-891-7910
Administered by: PFM Asset Management LLC Sponsored by: Missouri School Boards Association • Missouri Association of School Business Officials Missouri Association of School Administrators
This information 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 Money Market 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). PFM Fund Distributors, Inc. is a wholly owned subsidiary of PFM Asset Management LLC. Member SIPC. Standard & Poor's fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor's rating criteria, the AAAm rating signifies excellent safety of invested principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood nor a recommendation to The Missouri Municipal Review that the rating is not a "market" ratingwww.mocities.com buy, hold or sell the securities.
The Missouri Municipal
Review
May 2013
VOLUME 78, NO.3
The Official Publication of The Missouri Municipal League
contents
President
Mayor Pro Tem Susan McVey Poplar Bluff
4/ President's Report 5/ Director's Report
Vice President
6/ Kansas City's Largest Infrastructure Project Goes Green by Lara Isch
Councilmember Jan Marcason Kansas City
8/ Regional Cooperation For Biosolids Management by Michael Pessina, Mike Ray and Rick Ziegenfuss
Immediate Past President Mayor Norman McCourt Black Jack
11/ The Art of Snow Removal by Kyle Worthington
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12/ MML's 2013 Elected Officials Training Conference
MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS David Bower, Mayor, Raytown; Conrad Bowers, Mayor, Bridgeton; Denise Chisum, City Clerk, Lee’s Summit; Roger Haynes, Deputy City Manager, Mexico; Bill Johnson, Director of Administration, Fulton; David Kater, Mayor, Desloge; Bill Kolas, Mayor, Higginsville; Donald Krank, Councilman, Black Jack; *Ron Monnig, Councilmember, Slater; Raeanne Presley, Mayor, Branson; John “Rocky” Reitmeyer, Alderman, St. Peters; Lisa Robertson, City Attorney, St. Joseph; Frank Roland, Mayor, Hillsboro; Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Arthur Sharpe, Jr., Councilmember, University City; Tom Short, City Administrator, Carthage; Paul Ward, Councilmember, Kirkwood; *Gerry Welch, Mayor, Webster Groves; *Kevin Wood,
Mayor, Harrisonville. *Past President
15/ Protecting Employees From Falls by Pam Donnewald 17/ City Of Cameron Parks And Recreation by Drew Bontrager 18/ Public Works Projects At A Glance 20 / Environment Ranks High Priority for Kansas City by Daniel Lacy 24/ The Latest Changes To The Family And Medical Leave Act by David S. Davis
departments 27/ Professional Directory 30/ Classified Ads, Calendar of Events
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AFFILIATE GROUPS: Missouri City Management Association; City Clerks and Finance Officers Association; Government Finance Officers Association of Missouri; Missouri Municipal Attorneys Association; Missouri Park and Recreation Association; Missouri Chapter of the National Association of Telecommunications Officers and Advisors; Missouri Chapter of the American Public Works Association; Missouri Association of Fire Chiefs. www.mocities.com
13/ Municipal Stormwater Wizardry by Ruth Wallace
Laura Holloway, Editor Contributing Editors: Dan Ross and Richard Sheets Missouri Municipal Review (ISSN 0026-6647) is the official publication of the Missouri Municipal League state association of cities, towns and villages, and other municipal corporations of Missouri. Publication office is maintained at 1727 Southridge Drive, Jefferson City, MO 65109. Subscriptions: $30 per year. Single copies: $5 prepaid. Advertising rates on request. Published bi-monthly. Periodicals postage paid at Jefferson City, Missouri. Postmaster: Send form 3579 to 1727 Southridge Drive, Jefferson City, MO 65109. To contact the League Office call 573-635-9134, fax 573-635-9009 or email the League at info@mocities.com. The League’s Website address is: www.mocities.com.
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May 2013 / 3
President’s Report. . .
T
ragic news this spring has really brought home how bad things can happen on a moment’s notice. In a second, our lives can be forever changed. As the bombs created their devastating effects in Boston and the fires burned in Texas, Americans saw an outpouring of assistance from state
and national governments, and events continue to draw attention nationwide. We all feel touched by the victims and families, knowing it could just as easily be our own backyard, our own families. At times, while it may not garner national news, the events are in our own backyard. The traffic crash on our way to work, a crippling fire in our neighborhood or the flooded streets in the spring -- these events and others bring crisis to our doorstep, and immediate assistance makes the crucial difference. These are moments when I’m proud to be a part of local government. Our firefighters, emergency medical technicians and local police save lives and are there at just the right moment to help and offer hope. The crisis may affect ten people, hundreds of people, or one. But your community’s first responders, city employees and officials are the shining heroes in countless situations. A recent national Mason-Dixon poll shows that local government is most trusted to address the issues that matter most to voters, more than any other level of government. I’m so glad to see local government recognized by
citizens for affecting and improving their day-to-day life. One of the best ways we can continue to serve effectively is to educate ourselves. MML’s Elected Officials Training is coming up in Jefferson City, June 13-14. Especially if you are a newly elected official, register today to get 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 in the municipal arena. Find all of the details and registration at www. mocities.com, and a tentative agenda in this issue of the Review. In the meantime, don’t forget about the League’s online training opportunities at www.mocities.com. For a low cost, your staff can conveniently train on a wide variety of topics, from successful management techniques to extraordinary customer service. Take advantage of what MML can offer. Use League staff, the website, training and conferences as a continual resource to strengthen your staff, services and city.
Why Should You Visit MML's Website?
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• Current Job Opportunities
Development
Energy
Infrastructure
• Member City Websites
Pipeline
• Daily Local News • MML Conferences • Latest Legislative Action • Publications
Shafer, Kline & Warren, Inc.
• Sample Ordinances
Forming Partnerships. Delivering Results.
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Director's Report. . .
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hope you were able to take advantage of the tools and ideas MML provided for Local Government Week recognized April 28 - May 4. In the July issue of the Municipal Review we’ll share some stories and photos from municipalities’ celebrations and events to promote awareness of local government. In 2011, MML prepared an op-ed message to push out to media outlets and held a publicized mayor’s breakfast
in Jefferson City to underscore and draw attention to Local Government Week. It was all about us. In 2012 MML again prepared the op-ed, added some tools and ideas municipalities could use but broadened local government awareness by partnering with Missouri Association of Counties and the Missouri School Boards Association, who produced a public service announcement video featuring all three local government entities. For 2013 we again broadened local government awareness by adding three new partner entities representing additional components of local government. Working with the Missouri School Boards Association, we incorporated the now six local government organizations into the 2013 PSA video and provided a slate of local government video testimonials into the toolkit available to all. The three new partners are the Missouri Association of Councils of Government (MACOG) that represent Missouri’s regional planning commissions, St. Louis County Municipal League that represents cities within St. Louis County and the Kansas City-based Mid-America Regional Council (MARC) that serves municipalities in Missouri and Kansas.
Each of these entities' logos at the end of the PSA video represents much more than raising local government awareness during one week in the spring of each year. Those logos reflect a new kind of partnership and relationship which can be leveraged so the major local government entities can speak with one strong voice on most issues to the Missouri legislature, to our representatives and senators in Washington and be the eyes and ears statewide when opportunities or threats arise affecting local government. Instead of remaining six separate siloed interests, the new relationship provides innumerable opportunities to work together for the greater good. I welcome the opportunities and will continue to nurture relationships with these fantastic partners.
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May 2013 / 5
KANSAS CITY’S LARGEST INFRASTRUCTURE PROJECT GOES GREEN by Lara Isch
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n January 2009, rehabilitation, storage projects, the city of Kansas sewer separation projects, City completed system improvements, and for its Overflow the first time in Kansas City Control Plan (OCP) and history – a large-scale green submitted it to the United infrastructure component for States Environmental controlling sewer overflows Protection Agency (EPA) and protecting water quality. and the Missouri Department The EPA took notice of the of Natural Resources. In comprehensive plan, and for September 2010, the federal the first time, allowed a city courts approved the Consent a 25-year timeline instead Decree under which the plan of the traditional 20 years to would be implemented. This fulfill the requirements of the Consent Decree requires Consent Decree. Kansas City to complete infrastructure improvements The Pilot Project that will reduce combined Kansas City made a sewer overflows by 88 percent commitment to utilize green One of Kansas City's ninety remaining combined sewer outfalls and eliminate overflows in during a wet weather overflow event. infrastructure as part of their the separate sewer system. arsenal to reduce combined These improvements, when sewer overflows; but, in order it is treated and discharged. However, f i n a l i z e d , w i l l m a r k t h e l a r g e s t these sewers were not designed to for it to be effective, the price tag had infrastructure project in city history carry water from large rain events and to be realistic. One of the primary and cost between $4.5 and $5 billion. runoff from impervious surfaces such goals defined early by the Wet Weather Kansas City did not approach the as parking lots, streets and rooftops Community Panel was to “improve Consent Decree just as a regulatory that exceed the capacity of the system. w a t e r q u a l i t y w h i l e m a x i m i z i n g mandate to reduce sewer overflows, but To keep that excess water from backing economic, social and environmental also as a chance to fix an aging sewer up in pipes and flooding basements benefits,” and the green infrastructure system and improve water quality and and businesses, overflow structures c o m p o n e n t o f t h e O C P w a s n o public health. Out-of-the-box thinking were created to release the excess exception. Water Services and program could maximize the value received from flow directly into nearby rivers and consultants weighed the cost and dollars that were now required to be streams without first being treated at benefit of green and gray infrastructure spent, while creating additional benefits a wastewater treatment plant. As a for each watershed individually to for citizens and the customers served by result, more than six billion gallons of make sure plan components were truly Water Services. stormwater containing diluted sewage the best choice for Kansas City’s rate overflows into Kansas City’s streams, payers. History lakes and rivers in a typical year. They agreed that a 744-acre area Kansas City began building basic tributary to the Middle Blue River, sewer infrastructure more than 150 The Plan located in part of Kansas City’s aging years ago when the City was young. T h e O v e r f l o w C o n t r o l P l a n Marlborough neighborhood, would In these early years, combined sewer was a multi-year effort involving be the best place to test the first green systems that carried wastewater and city officials, Water Services, and infrastructure project. The original stormwater in the same pipe were the Wet Weather Community Panel. plan for this area was the construction common practice. Kansas City, like The Community Panel was created of two large tanks designed to contain more than 700 other cities across in 2003 to build an informed group the 3.5 million gallons of anticipated the nation, contains 58 square miles of external stakeholders, including: overflows per storm event. Because of combined sewer system located scientists, engineers, public health of their small size, these tanks were mostly south of the Missouri and west experts, developers, property owners going to be some the most expensive of the Little Blue Rivers. During dry and council district representatives, components in the OCP in dollars per weather and small rain events, the water to provide constructive input and gallon captured, with a combined cost entering the combined sewer systems is technical assistance to the OCP. The of $50 million. And, with the residential transported through a system of pipes result of this input was a comprehensive backdrop, they wouldn’t be an easy to a wastewater treatment plant where plan that included neighborhood sewer sell. Based on cost analysis, it looked as 6 / May 2013
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though a green infrastructure project in this area would be a lower cost option and could provide ancillary benefits to the neighborhood. Water Services separated the project area into five distinct zones and a control area, and then began work on the first 100 acres that would become the Middle Blue River Basin Green Solutions Pilot Project. The initial step was to bring the appropriate stakeholders to the table. Neighborhood outreach efforts were extensive, including door-todoor outreach, two informationgathering meetings held in the front yards of designated block captains, five public meetings and two rain barrel how-to workshops. In addition, an Overlay Team was developed to ensure a coordinated effort between city departments, utility companies, researchers and neighborhood interest groups. The team worked diligently for more than a year to make sure all projects planned for the pilot area happened prior to or concurrent with the green infrastructure construction. The final result was a largescale stormwater management system consist ing of 150 green solutions installed within the public right of way, including rain gardens, bioretention gardens, cascades for sloped areas, porous sidewalk and permeable paver systems. The project was designed to not only store up to 370,000 gallons of water per rain event, but to maximize the benefit to the neighborhood. Crumbling streets were repaved, sidewalks were repaired and damaged trees were replaced. New sections of porous sidewalk placed strategically throughout the area tested the technology’s ability to capture excess
Curb extension rain garden and porous sidewalk installation in the pilot area.
runoff from lawns and driveways, while creating a walkable area for residents. New curbs and gutters defined space for the rain gardens, and carry street runoff into the green infrastructure components. Curb extensions were built to create a larger space for bioretention gardens with the added benefit of slowing down traffic to make the neighborhood streets safer. Mixtures of native and ornamental plants lend color and variety to the landscape, and will help Water Services determine what types of plants work best for rain gardens in a residential setting. The pilot project was completed in November 2012. Kansas City Water Services, along with a team of researchers including the EPA and students from the University of Missouri Kansas City continue to monitor the green infrastructure for flow, infiltration and water quality. But, as is typical when working with vegetation, the systems need time to mature to reach their full potential. Comprehensive data on system performance and stormwater capture will take several years to Mayor Pro Tem Cindy Circo talks with residents at a compile. street meeting.
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In the meantime, Kansas City is moving forward with the additional 644 acres comprising the next phases of the Middle Blue Green Infrastructure Project. In order to generate more creative solutions and benefits for the neighborhoods, four teams of engineering and design professionals were selected to participate in a design competition, and were given a stipend to create unique, integrated systems for the remaining project areas. These preliminary designs are currently under review by Water Services, and the final design teams will be chosen based on the results. The Middle Blue Green Infrastructure Project is redefining the way projects are approached and paving the way for green components throughout the City. Looking forward, Kansas City will continue to monitor the effectiveness of going green to manage combined sewer overflows, but also will be examining the additional economic, environmental and social benefits received through integrating stormwater management solutions into the urban landscape.ď ą Lara Isch is the education and outreach coordinator for the Overflow Control Program at the Kansas City Water Services Department. For more information on the OCP or Middle Blue River Basin Green Solutions Pilot Project, call 816-513-0582.
May 2013 / 7
REGIONAL COOPERATION FOR BIOSOLIDS MANAGEMENT by Michael Pessina, Mike Ray and Rick Ziegenfuss
The Cities of Branson, Forsyth, Hollister and Kimberling City, through the Taney County Commission, have been working together as the Tri-Lakes Biosolids Coalition to address current and long-term needs.
M
unicipal wastewater treatments plants in Missouri receive millions of gallons of water each day. Their job is to remove the pollutants from the water and then reintroduce the treated water back into the environment. The material removed during the treatment process must be properly disposed. This is frequently accomplished by stabilizing the material and creating liquid biosolids for use as soil amendments. In southwest Missouri, several communities have come together as the Tri-Lakes Biosolids Coalition to address current and long-term biosolids management needs through a regional facility that will dewater and dry wastewater biosolids. The Cities of Branson, Forsyth, Hollister and Kimberling City, through the Taney County Commission, have been working together for several years to make this project a reality. When operational in early 2014, biosolids from the region will be processed into a final dry product that can be used in public areas and also be given away or sold as a marketable product.
biosolids meet the requirements of Class B biosolids under the 503 Rule that limits land application to nonpublic contact sites with certain crop, harvest and grazing practices. When adequate land is readily available, this practice is an economical and beneficial means to reuse biosolids. When the lack of available land or other concerns make land application of Class B biosolids infeasible or unattractive, biosolids can be further processed to meet Class A requirements. Because of the further processing they undergo to reduce pathogens, Class A biosolids have fewer restrictions
regarding their use and can be used in public areas and also given away or sold to the public for use in lawns and gardens.
Project History
As development and growth was booming in Branson during the mid-1990s, now retired Branson Public Works Director, Larry VanGilder, saw biosolids management as a challenge that his community would need to meet as development and traffic increased throughout the region and space available for land application became more scarce. The hills, valleys, rivers and lakes in the Missouri Ozarks that make the region an attractive place for people to live and play also make traditional Class B biosolids reuse difficult. VanGilder saw Class A biosolids as a way for Branson to responsibly manage its biosolids in a beneficial way.
Biosolids Management
When wastewater sludge is processed to meet the requirements for use as a soil amendment, it is referred to as biosolids. The use and disposal of biosolids is regulated by the EPA through what is known as the 503 Rule (40 CFR 503). Many communities in Missouri apply liquid biosolids to agricultural land as a soil amendment. These
8 / May 2013
A sludge tanker truck is loaded with liquid biosolids. The regional facilities will eliminate thousands of truck trips on local roads.
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After several years of planning, studying and false starts, a regional concept with municipalities throughout the region developed. The communities involved recognized several reasons to be involved in this effort, including: • Population Growth – As regional population increases, biosolids management is adversely affected in two ways. First, more biosolids are produced that require more land for land application. Second, less land is available because it is used for development. • Increased Hauling – With more biosolids to manage and less local land available, land application requires more trucks hauling liquid biosolids further. This increases hauling costs, wear and tear on vehicles and roadways, and public interaction with tanker trucks on the road. • Poor geology – The Tri-Lakes area is predominantly karst geology with poor soils further limiting the land available for land application and allowable application rates. • Future Regulations – Area leaders are concerned that future regulations may make land application more difficult or costly in the future. • Public Perception – Positive public perception of water quality in the region is a key driver for regional economic development. In 2007, a study was commissioned that identified the recommended regional solution with a projected cost of $9.5 million to construct facilities at the Branson’s Compton Drive and Cooper Creek Wastewater Treatment Plants (WWTP) at Hollister’s WWTP. To implement the recommended plan, project funding needed to be obtained, coordination roles and responsibilities among all of the entities needed to be formalized, and the facilities needed to be designed.
Water Wastewater Stormwater Highways Streets Bridges Structural Health Care Mechanical Electrical Engineering Design Solutions Plumbing Since 1933 Fire Protection GIS/Mapping Construction Engineering Natural Resources (MDNR) to secure funding for the project. Ultimately, $6 million became available for the project through a combination of a $3 million Nonpoint Source and Green Infrastructure Demonstration Grant to Taney County through MDNR and a local match of $3 million from the Taney County Sewer Sales Tax — a half-cent county sales devoted to wastewater capital improvements.
Coordination
There is no way a project like this can move forward and be successful
without close coordination and trust among all of the entities involved in the project. Issues related to funding, organization and operations needed to be addressed to meet regulatory requirements and protect the interests of each community and MDNR. There are no standard “cookie cutter” answers when so many groups are involved in the planning of a shared regional project. At the heart of the coordination are monthly meetings with all of the parties involved to deal with funding, design, legal and other issues. Organizing several cities that
Funding
Once the study was complete, securing funding became the crucial next step in the process. While the communities involved in the project recognize the value and benefit of the regional Class A Biosolids project, they did not feel that it was appropriate to take on debt for their communities to construct these facilities. Therefore, community representatives spent considerable time working with political leaders and Missouri Department of
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Aerobically digested biosolids will be dewatered and dried into Class A biosolids at the regional facilities.
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May 2013 / 9
own and operate wastewater facilities and the County which does not own or operate wastewater facilities but has the responsibility for the project funding and dispersing those funds in a manner that met all of the grant requirements, presented some unique challenges. Several avenues were explored, including formation of a nonprofit corporation, but ultimately the decision was made to form the Tri-Lakes Biosolids Coalition through an intergovernmental agreement. During the course of the agreement, the County will maintain ownership of the facilities but the cities will use, operate, and maintain them. Further, operations agreements were developed with the cities of Branson and Hollister to operate the county-owned facilities located at their respective WWTPs with all operating costs being charged back to the users proportional to the amount of biosolids each produces. Ultimately, the intent is to form a Joint Municipal Utility Commission (JMUC) that will take on ownership and operational responsibility for the regional biosolids facilities. This will give all of the participating communities a voice in the management of the facilities. The JMUC also will provide the ability to fund any future capital improvements. The grant funding requires that the County maintain ownership of the regional facilities for at least five years, so transfer of facility ownership to the JMUC is expected to occur after that.
Design
The main components of the regional biosolids facilities are three centrifuges and one indirect dryer. The centrifuges will be located at the two Branson WWTPs and the Hollister WWTP, and will dewater biosolids from 3 percent to 22 percent solids. The dewatered cake is similar in consistency to wet soil. Aerobically liquid biosolids will be hauled from Forsyth and Kimberling City to one of these sites to be dewatered. The dryer will be located at the Branson Cooper Creek WWTP and will reduce water content further until the biosolids are 90 percent solids dramatically reducing overall volumes of biosolids. As stated previously, $6 Million is available to construct facilities with a projected cost of $9.5 Million. Reducing and controlling construction costs to fit within the project budget required some creativity. The original recommended
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plan included construction of new buildings to house centrifuges at the Branson Compton Drive WWTP and Hollister WWTP, as well as a new building to house a centrifuge, truck unloading station, holding bin, and dryer at the Branson Cooper Creek WWTP. Additionally, a trailer mounted centrifuge would travel to the other WWTPs involved in the project. To reduce costs, the feasibility of using space in existing buildings at the two Branson WWTPs and the Hollister WWTP was explored. Each of these facilities currently utilizes gravity belt thickeners to thicken their biosolids prior to aerobic digestion. It was determined that centrifuges could be installed in the same location of current gravity belt thickeners at the Compton Drive WWTP and Hollister WWTP. This eliminated the need to construct new buildings at these sites. At the Cooper Creek WWTP, the existing truck loading building would be converted and expanded to house all of the facilities to be constructed there. This reduced the cost of building construction at this site. The trailer mounted centrifuge also was eliminated from the project.
There is no way a project like this can move forward and be successful without close coordination and trust among all of the entities involved in the project.
The existing truck loading station will be expanded to house the regional biosolids dryer.
developed, one for the dryer, storage bins and other accessories, and one for the three centrifuges and their accessories. The procurement packages were developed in conjunction with the users of the facilities to ensure that their needs were met. This process allowed the coalition members to get the best value for t he select e d equi pmen t and have the largest portion of the project cost known prior to bidding the construction.
Moving Forward
At the time of this writing, the bidding of the regional facilities is scheduled to occur in April and May with a construction contract to be awarded in late May. Construction is scheduled to take one year with the facility going online in the Spring of 2014. There is local interest in bulk sales of the final product, and coalition members are currently evaluating their options regarding final use of the finished product.
Michael Pessina, PE is a senior project manager with HDR Engineering, Inc. in Springfield, Mo., and serves at the project manager for the design of the regional facilities.Mike Ray is the director of utilities for the city of Branson and the TriLakes Biosolids Coalition secretary-treasurer. Rick Ziegenfuss is the city administrator for the city of Hollister and the Tri-Lakes Biosolids Coalition chairman.
The final step to reduce and control costs was to preselect major equipment packages for the project through a competitive proposal process. Prior to soliciting proposals, site visits were made to operating facilities, and several equipment manufacturers were invited to demonstrate their equipment onsite allowing everyone to become familiar with their features and how they operate. Following the site visits and demonstrations, two sets of procurement documents were The Missouri Municipal Review
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The Art of Snow Removal
A
trio of the City’s snow plows will look particularly festive on the streets of Raymore this winter, thanks to the students and art teachers at Creekmoor Elementary, Bridle Ridge Intermediate and Raymore-Peculiar East Middle schools. Inspired by an article in the American Public Works Association Reporter trade magazine about students decorating city snow plow blades, Public Works Director Mike Krass thought it sounded like a fun idea for Raymore and offered the City’s nine snow blades to area schools for student beautification. In early October, Raymore Public Works staff prepped its snow blades with a new base coat of paint before delivering one to each of the participating schools, encouraging the students to channel their inner Rembrandts on the 10- to 11-foot-wide, metal blade fronts. A month later, the plow blades had been transformed from drab to fab, with each remodeled into a mobile mural reflective of the students’ artistic talents and school spirit. While Erin Miller’s art students at Ray-Pec East Middle took inspiration from Van Gogh’s “Starry Night” masterpiece, Bridle Ridge’s “Snow Plow Club” – consisting of 10 of art teacher Wendy Farley’s sixth grade artists – opted to showcase its talents and Mustang pride through painting the school’s name in snowy letters, accompanied by a snowman.
by Kyle Worthington J e s s i e Cartwright’s entire fourth grade class, numbering roughly 100 students, also chose a school spirit theme for its snow blade project. Working in teams during their morning art classes, the stu-
dents donned oversized paint shirts over their coats and went to work outside, painting Creekmoor Cougar paw prints in the school’s colors across the blade. Once the finished blades were back at the Public Work’s facility, staff applied a clear coat protectant to extend the life of the students’ artwork once the plows are pressed into service clearing roadways during snow events, and possibly bring a smile to someone passing.
“For years, I have wanted to take our art into the community and provide a creative experience for the kids beyond our school walls,” said Cartwright. “When I was in school, our art class had the chance to go around our city and paint fire hydrants in honor of the Bicentennial; some of us still talk about it. This kind of experience stays with the kids for a long time.” “The students were very, very excited to be a part of this project,” added Farley. “It was really fun to do and we are hoping to continue our talents by painting a winter scene on the windows of our building next. I’m pleased with the outcome and extremely proud of my students.” For the inaugural offering of the plow painting program in Raymore, Krass is pleased with the results. “I think the kids did a great job and had a good time,” said Krass. “Hopefully, we’ll get even more participation in the program next year.” Kyle Worthington is the community outreach coordinator for the city of Raymore.
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May 2013 / 11
MISSOURI MUNICIPAL LEAGUE ELECTED OFFICIALS TRAINING CONFERENCE Capitol Plaza Hotel, Jefferson City June 13-14, 2013
Register Today! Visit MML Conferences at www.mocities.com. The Elected Officials Training Conference emphasizes the knowledge base all newly elected officials need to govern effectively. The changes that continually occur in the municipal arena make this a conference that all officials of all experience levels should consider attending. TENTATIVE PROGRAM THURSDAY, June 13, 2013 9:00 a.m. Registration 10:00 a.m. Welcome Overview of Missouri Municipal Government -- Allen Garner, Attorney 10:45 a.m. The Missouri Open Meetings and Records Law – Tom Durkin, Mo. A.G.’s Office 12 noon LUNCH 1 p.m. Dealing with Difficult People – Barton Wechsler, Dean, Truman School of Public Affairs 2 p.m. Budgets – Mark Levin, City Administrator, Maryland Heights 3:30 p.m. Parliamentary Procedures – Brenda Cirtin, City Clerk, Springfield 4 p.m. Conducting City Business – Joe Lauber, Lauber Municipal Law 4:30 p.m. MML Services and Web site 5:30 p.m. RECEPTION (DINNER ON YOUR OWN) FRIDAY, June 14, 2013 7:30 a.m. BREAKFAST 8 a.m. Public Works Contracts – Joe Lauber, Lauber Municipal Law 9 a.m. Ethics – Nancy Thompson, City Attorney, Columbia 10 a.m. Liability and Risk – Christine Bushyhead, Mitchell, Kristl & Liever, P.C. 11 a.m. Funding Municipal Improvements – Kirsten Erickson, Cunningham, Vogel & Rost, P.C. 12 noon ADJOURN HOTEL: This year’s Conference will be held at the Jefferson City Capitol Plaza Hotel. Please make room reservations directly with the hotel: Capitol Plaza Hotel, 415 West McCarty Street, Jefferson City (800-338-8088). Please keep in mind that room check-in is not available until after 3:00 p.m. on June 13 (although early check-in may be available for an extra fee). When making reservations, let the hotel know that you are with the Missouri Municipal League in order to receive the special conference rate ($99). If you have special needs, please attach a separate sheet describing your requirements. The League requests a twoweek notification in order to make these arrangements. REGISTRATION FEE: $130 per person; includes lunch, reception, breakfast and conference materials.
All registrations to be made online, regardless of payment option. For those who need to pay by check, please select the “Bill Me” option for your payment method. When you have completed the registration process, you may print off an invoice to submit with your payment and confirmation for your registration. CANCELLATIONS must be received at League headquarters by 5 p.m., June 7, or it will be necessary to bill you for the registration fee.
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MUNICIPAL STORMWATER WIZARDRY TIPS FOR MS4 PERMIT COMPLIANCE by Ruth Wallace
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magine this scene: First, take a less-thanfamiliar municipal program and put it up against the more well-known sanitary sewer, drinking water and flood risk management programs. Next, assign program leadership to the public works directors, tell them to add this to their “other duties as assigned,” and then answer “no” when asked if there are any funds to help. This scene can be all-too-familiar for public works directors and leaves them wishing to become stormwater quality wizards. The same can be said for state and federal regulators coordinating their programs with a modest budget. Regulated municipal separate storm sewer systems (MS4s) are the “new kids on the block,” relatively speaking. While the stage was set in 1972 with amendments to the Federal Water Pollution Control Act (now known as the Clean Water Act), the 1987 amendments set the course of action for regulating MS4s in two phases. Populations of 100,000 or more came in under Phase I in the late 1990s, but most of the nation’s regulated MS4s (certain small MS4s generally between 1,000 and 100,000) came in under Phase II in March 2003. These MS4s are governed by the National Pollutant Discharge Elimination System (NPDES) stormwater regulations under federal and state authorities 1. Missouri now has 164 regulated MS4s 2. Existing permittees submitted their renewal applications by May 14, 2013, while 15 new MS4s made a first-time application. The MS4 permit3 requires implementation of a comprehensive stormwater management program. The emphasis on quality calls for a different approach than managing for peak floods only. The six minimum control measures are focused on water quality and represent sub-programs of the larger overall MS4 program: • Public education and outreach (PEO). • P u b l i c i n v o l v e m e n t a n d www.mocities.com
participation (PIP) in MS4 program development. • Illicit discharge detection and elimination (IDDE). • Construction site runoff control (CSR). • Post-construction runoff (PCR) quality control. • Pollution prevention and good housekeeping in municipal operations (PPGH). This is the basic framework for the nation’s regulated MS4s, and it necessitates the development of ordinances, policies, procedures, protocol, training, inspection and much collaboration among the various municipal departments. It also requires water quality monitoring, industrial regulation and quality in flood control projects for Phase I communities such as Springfield, Independence and Kansas City. (Communities in St. Louis County came in under Phase II due to their unique countywide system and several exempted combined sewer areas.) Challenges often faced by regulated MS4s include limited resources, confusion between quantity
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and quality goals, imbalanced leadership assignments, and inadequacy in the written stormwater management program plan (SWMP) that leads to sketchy compliance. However, coordination often occurs intra-regionally with regional planning commissions, watershed groups or neighboring municipalities. In the Kansas City area, for example, the Mid-America Regional Council (MARC) assists entities with meeting the public education and involvement requirements. The Metropolitan St. Louis Sewer District does the same for its 60 co-permittees. The James River Basin Partnership and Ozark Water Watch also help communities with education and training in the Springfield region. Public works is often the correct place for several MS4 program responsibilities, but the program reaches across all municipal departments. In PPGH for example, the program consists largely of an inventory and set of pollution prevention plans for all municipal operations, employee training, routine inspections, recordkeeping and annual reporting.
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This includes public works yards, street departments, vehicle maintenance, recycling facilities, parks, etc., – some of which draw upon other departments and thus require department head leadership and collaboration. Several factors contribute to community development and planning departments being assigned the post-construction runoff control program: the need to incorporate water quality performance criteria, better community site designs, and dispersed on-site micro-detention practices in development projects. Post-construction runoff quality control is one of the greatest areas of change in stormwater management, and therefore considered the most challenging part of the program. This is the impetus for the recently published “how-to” post-construction guide for municipalities – The Missouri Guide to Green Infrastructure: Integrating Water Quality into Municipal Stormwater Management. Regarding program financing, the number of stormwater utilities has grown to more than 1,000 across the nation in response to the MS4 program. The program lends itself to multiple sources of funding for various types of activities, including fees, taxes,
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state revolving loan funds, Section 319 grant funding, flood risk reduction collaboration and developer impact fees. Missouri communities are keeping a watchful eye on the Missouri Supreme Court’s impending ruling on stormwater fees established by the Metropolitan St. Louis Sewer District. The outcomes of cases have been mixed throughout the nation. Municipal stormwater utilities have been successfully defended in Arkansas, Maine and Ohio, while a case was lost in Idaho. Given the litigation playground, it is crucial that municipal leadership study the issue of utility craftsmanship well in t heir overall approach t o developing program resources. The city of Lenexa, Kan., is touted as one of two national models for addressing MS4 requirements and funding to fit. Many resources are available on the Internet on how to implement the MS4 program components and how to establish overall funding. The Missouri Stormwater Information Clearinghouse a t h t t p : / / w w w . dn r . mo. g ov / e n v / wpp/stormwater is a good place to start looking. In the meantime, community MS4s will benefit from focused leadership that involves collaboration across all departments, a well-written SWMP and
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adequate training. This is one program where the public works director doesn’t need to carry the full load. Ruth Wallace is the municipal stormwater program coordinator for the state of Missouri at the Department of Natural Resources. Wallace has been working in the area of urban stormwater management for more than 19 years and recently edited the Missouri Guide to Green Infrastructure: Integrating Water Quality into Municipal Stormwater Management and the Protecting Water Quality Field Guide for construction site runoff control. She is a landscape design graduate of the University of Arkansas and public administration post-graduate from the University of Missouri.
(Endnotes) 1 Federal regulations 40 CFR 122.26 -122.34 and state regulation10 CSR 20-6.200 2 Missouri’s regulated MS4s http://www.dnr.mo.gov/env/wpp/ docs/subject-ms4s-january2013.pdf 3 Missouri Small MS4 General Permit http://www.dnr.mo.gov/env/ wpp/permits/issued/R040000.pdf
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PROTECTING EMPLOYEES FROM FALLS by Pam Donnewald
Fall: A downward rapid and free movement from a higher level to a lower level such as falling off an overhead platform, an elevated workstation, or into holes in the floor and walls.
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side from vehicle accidents, falls are some of the most dangerous and costly incidents that can happen to municipal workers – and they’re preventable. Falls can happen on municipal construction sites, streets, parks, water towers, manholes, and lift stations, and often happen while using ladders and entering/ exiting equipment like dump trucks and backhoes. Falls can be fatal and can involve injuries to the head or multiple body parts. One of the reasons falls are of particular concern is that workers often underestimate the inherent danger of falls. When a person falls from six feet, their body will hit the ground at 13 miles per hour. In addition, employees may have a false sense of security about the protection that fall restraint and arrest systems provide. Make sure to protect your employees from the dangers of workplace falls by implementing a fall protection program.
What Must You Do As An Employer? • • •
Recognize the Missouri Department of Labor (MODOL) standards relating to falls. Recognize the various types of falls that can happen in your workplaces. Develop, implement and commit to a fall protection program.
• • •
Conduct a baseline fall evaluation of your workplace. Identify actions you and your employees can take to prevent falls. Provide training to employees and supervisors.
Fall Protection Programs
The most effective fall protection programs are those where you work closely with your employees to identify the fall hazards and work together to develop a comprehensive fall protection program that either eliminates the hazard or provides appropriate protection against the fall hazard. Your program should include the following elements: • Be specific to your workplace • Have a process for identifying fall hazards in the workplaces • Have detailed work policies and procedures to protect employees • An outline of fall prevention and protective measures to be used and how to implement • A rescue plan • E q u i p m e n t r e q u i r e m e n t s including use, inspection, maintenance and storage • Communication of the program to employees • Training and retraining of the workforce • D o c u m e n t a t i o n and recordkeeping (e.g., equipment
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BENEFITS:
Missouri Intergovernmental Risk Management Association Phone: 573.817.2554 Web: www.mirma.org
Missouri’s First Municipal Self Insurance Pool
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• •
Levels Of Protection
Options for addressing fall hazards fall into three categories: 1. Engineering controls that eliminate the hazard Whenever possible, the best risk management answer is to eliminate or remove the hazard. For falls, the best risk management course of action is to avoid working at heights. Eliminating fall hazards also can be done by changing work procedures and redesigning the work environment. For example, instead of working at heights, bring the work down to ground level. If employees must work from heights, implement a fall restraint system to prevent the employee from falling to a lower level, for example guardrails and toeboards, walls, enclosing an opening or providing a safety net. 2. Administrative controls such as training and procedures If work at heights is unavoidable, secure the elevated work area with a passive fall prevention barrier system such as guardrails. When a barrier system such as guardrails isn’t feasible because of the physical characteristics of the work environment or the infrequency of access, use an approved fall restraint system.
One comprehensive package! Proactive loss prevention training On-site safety training Annual police firearms training Risk Management Grant Program Aquatic audit reimbursement Police accreditation reimbursement Seminars & workshops Video library
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inspections, training) An enforcement and disciplinary policy Review and update procedures
COVERAGE:
Workers’ Compensation Property General Liability Public Officials Liability Employment Practices Liability Law Enforcement Liability Automobile Boiler & Machinery Airport
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Rock. Hard place. 3. Personal protective equipment such as fall arrest systems If no other option is feasible, a properly engineered and approved fall arrest system can be used in conjunction with a rescue plan. A fall arrest system stops a person in a fall and minimizes the potential for compounding injury. A qualified person must select the components, materials, anchorage and anchorage connectors to match the system application, the work, the hazards and the environment.
Fall Safety Rescue Plan
Even with the fall protection pieces in place, you still need a fall safety rescue plan so you can rescue a worker as soon as possible to prevent serious injury. Relying on local emergency responders may not allow for rescue in time if responders can’t reach the worksite within a few minutes. Prolonged suspension in a full body harness is associated with a serious health risk called orthostatic intolerance or “suspension trauma” that can occur in only a few minutes. Your rescue plan should take into account the equipment and special training needed for a prompt rescue under all foreseeable conditions. If the rescue will be from a confined space, the standards for confined space rescue must be followed.
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arrest systems can be expensive to maintain so renting may be an option, especially if you’re unsure how many you will need or how long you’ll need them.
Training
Affected employees and their supervisors should be trained by a competent person before using any fall protection products. Live hands-on training for all users is best for helping them understand the capabilities and limitations of their equipment. Training should be repeated periodically for review and additional practice. Training should include how to identify and eliminate fall hazards, how to select, use, and maintain fall arrest equipment, and the pre-determined rescue plan. You should also train employees on ladder safety and
how to safely enter/exit equipment by using three-points of contact. Visit the Missouri Department of Labor’s website for training information and resources at www.labor.mo.gov/dls/ workplacesafety.
Conclusion
As a municipal employer, it’s up to you to prevent tragedies and encourage employees to be safety smart about fall hazards. The article was reprinted with slight modifications with permission from the October 2012 issue of The Illinois Municipal Reveiw, published by the Illinois Municipal League, Springfield, IL. Pam Donnewald is the risk manager for Illinois Municipal League Risk Management Association.
Contract Work Out Or Rent Equipment
Because erecting scaffold towers, temporary balconies and guard rails can be expensive, if you’re working on a small project or your employees only occasionally work from heights, co n t r a c t i n g t h e j o b to an outs id e contractor or renting your fall restraint systems are options. In addition, fall
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CITY OF CAMERON PARKS AND RECREATION
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very city strives to find the right balance to provide services, fund programs, make capital improvements and maintain current infrastructure, while finding ways to attract new residents and visitors. A city’s structure to achieve this goal can vary greatly. The city of Cameron Parks and Recreation Department makes every effort to find the best proportion of staffing to achieve these goals. The park board has been able to adapt and evolve to make the changes and improvements to get where we are today. Currently, the parks program is under the public works department. The public works department structure includes the responsibilities of personnel, finance, budgeting, planning and public relations, as well as other departments including streets, storm water, cemetery, airport, GIS, solid waste and recycling. Some planning duties now also fall to public works. For many years, the person responsible for maintenance of Cameron’s parks only reported to the administrative park board at their monthly meetings. Capital improvements were handled by the board, and the recreation programs were run by volunteers or individuals hired to run the specific program. Over time, finding individuals to donate time or work for minimal compensation year after year proved difficult. In addition, a lack of consistency developed between programs and within programs each year. In 2001, Cameron hired a full-time parks and recreation director. This person had all the traditional responsibilities associated with this position, including setting and managing all the recreation leagues, parks maintenance, capital improvements and budgeting. Having a full-time parks director has many advantages, but in a smaller community, some may view the associated costs as outweighing the benefits. In 2005, all park operations, excluding the recreational leagues, were moved under public works. An innovative approach was taken to contract with the local YMCA to manage and run all recreation programs, including operation of the swimming pool. Even though the partnership with the YMCA has proved to be a successful one, the www.mocities.com
by Drew Bontrager park board is currently reviewing this structure to ensure that it offers the same exceptional quality recreational programming opportunities as it does for the facilities. Cameron still maintains a separate parks department; however, it is managed by a parks maintenance foreman who reports directly to the public works director. This structure has proved successful for Cameron in many ways and benefited parks by using street crew members with specialized skills to assist with various parks improvements and projects. The street workers already have the equipment and knowledge to fix drainage systems, complete complex concrete projects, build roads, and they possess the skills and equipment that parks maintenance crews may not have. Similarly, parks crews have their own set of specialized equipment and skills such as turf maintenance or the knowledge to properly drag and prep a ball field. When parks was moved to the public works department, the decision to keep both departments separate was based not only on the specialized skill sets, but also on the fact that both public works and parks staffs are extremely busy yearround. This allows the dedicated trained crews to properly maintain operations and facilities while having the flexibility to allocate resources – both equipment and personnel, as needed. Parks staff assists with snow removal activities and large public works capital improvement projects that require additional personnel. Similarly, there are many parks projects where public works staff have assisted with parks maintenance and construction, as well as many projects where public works crews have taken the lead such as the construction of new facilities like the skate park. There are many more projects nearing completion where public work’s knowledge will The Missouri Municipal Review
benefit parks including addition of trails, new restrooms and lighting projects, and the completion of the planning phase for a new aquatic facility. This ability to move staff and equipment where needed and report to one director has kept expenses down and improved the efficiency and effectiveness of both departments. Where responsibility overlaps, members of each department are crosstrained as much as possible. One such area is beautification, including right-ofway tree management. Consequently, Cameron has a comprehensive inventory of all trees located in street rights-of-way and parks, plus multiple staff trained in the identification, inventory, assessment and maintenance of trees. Even though this solution has worked well for Cameron, each city’s recreational assets are unique and officials must determine the best solution for its community. Reviewing best practices of other municipalities offers new opportunities for affordable recreational development. Drew Bontrager is the Public Works Director for the City of Cameron.
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At A Glance ... Public Works Projects In Missouri Installation of Ozone System for Taste and Odor Concerns City of Windsor The City of Windsor, MO WTP had an ozone treatment system installed in 2008, to help with taste and odor issues, mostly caused by hydrogen sulfide, that the city was experiencing. The Windsor WTP serves a residential community of about 2901. Since the installation of the ozone system, taste and odor complaints have fallen dramatically. The ozone generator features patented technology designed to maximize continuous operation. The dielectrics are made from a durable borosilicate glass that resists thermal shock. They also evenly distribute the applied electric charge over the entire dielectric surface without arcing. The ozone system includes a power inverter, ozone generator, and an ozone destruct unit. There is also an injector that introduces the ozone into the water supply. The contact time of the ozone in the water supply is continuously monitored to see that the treatment requirements are being met. Residual concentrations vary with temperature and production rates, and unused ozone is brought back to the ozone destruct unit for reduction of ozone to oxygen and released safely into the atmosphere. The Windsor WTP ozone generators were manufactured by Mitsubishi Electric Power Products, Inc. (MEPPI) of Warrendale, PA. For further information, visit www.meppi.com.
Cape Girardeau Constructing New Wastewater Facility by Andrew Carrico The City of Cape Girardeau is currently building a new wastewater treatment facility. The project, which is scheduled to be completed in 2014, was created in accordance with new state regulations enacted by the Missouri Department of Natural Resources (DNR). These regulations state that the DNR will no longer permit facilities to bypass water during wet weather events. The current wastewater treatment plant was built in 1962. This plant has an operating capacity of 7 million gallons per day (mgd) with a wet weather flow of 17.5 mgd, while the new facility will have the ability to operate at 11 mgd with a 50 mgd peak flow during wet weather conditions. According to the project manager, City Engineer Casey Brunke, the new plant will also offer opportunities for Cape Girardeau to experience residential growth and economic development. “If we have new development that comes in, or even if a new industry wanted to come, and if it were a heavy user of our wastewater system we might not have enough capacity at our existing plant to handle that wastewater,” Brunke said. “We should be able to handle any future residential development and industries that come in.” For more information about wastewater operations and the funding mechanisms to pay for this development visit cityofcape.org/wastewater. 18 / May 2013
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Clayton project selected by the USGBC-Missouri Gateway City’s solar array is one of two projects presented at the 10th Annual LEED Showcase
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by Jason Mandell
he recently renovated Heritage Building in the heart of downtown Clayton is the new home for the Clayton Police Department. Besides advanced technology and improved security, the conversion of the Williamsburg style, circa 1958 six-story office structure involved environmentally responsible construction best practices. These best practices involved using light fixtures, HVAC systems, plumbing fixtures and other systems that ensure the most efficient consumption of natural resources. An overhaul of the existing adjacent three-level, 120-space parking structure included an elevated Solar Photo Voltaic Array. The array is the largest non-utility owned solar installation in Missouri, and the only elevated solar array in the state. It was recently selected as one of two projects to be presented at the United States Green Building Council’s (USGBC) - Missouri Gateway 10th Annual LEED Showcase on May 14. The array makes the city eligible for the highest levels of certification through the USGBC Leadership in Energy and Environmental Design (LEED) program, a voluntary, consensus-based national rating system for developing high-performance, sustainable buildings. “Clayton reaches another plateau in its commitment to energy efficiency by preserving and repurposing a prominent building with importance in Clayton’s history,” said Mayor Linda Goldstein. “This marks another milestone in the city’s path to lead the state in energy efficiency.” Paid for in large part by American Recovery and Reinvestment Act (ARRA) grants secured through the Missouri Department of Natural Resources (MoDNR), the Solar Photo Voltaic Array will provide on-site renewable energy, and generate approximately one-third of the yearly electricity consumption of the fully-occupied building. With the array atop an elevated structural steel trellis, it preserves 40 and 50 parking spaces, while reducing the heat island effect of the site. The array was used as a model project to inform Clayton’s new building code, and will guide design and erection of similar projects in the future. An abundance of sustainable strategies in the design, construction and on-going operations and maintenance of 10 S. Brentwood were used during the renovation. The City of Clayton challenged the project’s end users as well as the architects, engineers and constructors to meet or exceed the guidelines of LEED in an effort to reduce the impact that renovating the new police and municipal facility would have on the environment.
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May 2013 / 19
ENVIRONMENT RANKS HIGH PRIORITY FOR KANSAS CITY Fire Station 39 Showcases Environmental Advantages of LEED Construction Process by Daniel Lacy
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growing public preference for conserving our environment is taking hold in cities and towns across the nation, including cities like Kansas City that are realizing the long-term benefits of sustainable construction. With roots in 19th-century conservationism, sustainability isn’t a new concept. But application of the principle in design and construction is a growing phenomenon as cities realize benefits that range from lower longterm operating costs to improved health and comfort for workers. Even basic structures such as fire stations can be built “green,” as Kansas City’s Fire Station 39 demonstrates. The station is a comfortable, durable structure built in six months for less than $4 million through the efforts of a design-build team that focused on quality materials and functional layout for easy, cost-efficient maintenance. Kansas City built Fire Station 39 using a certification process known as Leadership in Energy and Environmental Design (LEED). The station is one of several municipal structures that set the stage for
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future efficiency and economy in city operations.
LEED’s Roots
In the 1990s, U.S. Green Building Council was formalized and established the LEED certification system in 2000. LEED certification is designed to reduce the impact of development and construction on the land, save energy and water resources, reduce harmful emissions and improve indoor environmental quality. According to the Council’s website, LEED is a voluntary, consensus-based, market-driven program that provides third-party verification of green buildings. Comprehensive and flexible, LEED involves not only construction and renovation, but also broader municipal
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policies and p r a c t i c e s that improve community sustainability and quality of life. L E E D certification has four levels – Certified, Silver, Gold and Platinum – based on earned credits for various factors that contribute to sustainability. In 2006, Kansas City required that city construction and renovation projects of 5,000 square feet or larger be designed and built to achieve a minimum LEED Silver rating. In 2011, Kansas City raised the bar to require municipal construction and renovation projects to achieve LEED Gold. When comparing overall building costs, construction costs and the building life cycle, a LEED-driven project can be the more economical choice over conventional building when preproject budgeting and planning are correctly and professionally conducted. Sustainability goals must be central to the project design, rather than add-on requirements. Architects, engineers, facilities managers and contractors must work collaboratively not only to establish these goals, but also to identify potential issues so they can be addressed quickly and cost effectively.
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Fire Station 39
An example of LEED implementation in Kansas City occurred in 2011 with construction of Fire Station 39, an 11,000-square-foot facility that achieved LEED Silver certification. (The project commenced prior to enactment of Kansas City’s LEED Gold ordinance.) A key to Kansas City’s LEED Silver success with Fire Station 39 was the design-build construction delivery method that complements the environmental system. Design-build, like LEED, involves a holistic, integrated, project management approach. Both require early collaboration among all design, engineering and construction partners. McCownGordon Construction of Kansas City, a construction manager with expertise in green building techniques and the design-build project management model, headed the Fire Station 39 construction team. Led by the City’s fire department, the team also included Hoefer Wysocki Architects LLC, Leawood, Kan.; Custom Engineering Inc., Independence, Mo. (mechanical and plumbing engineers); Patti Banks Associates, Kansas City
(landscape architect); SK Design Group, Overland Park, Kan. (civil engineer); J&S Structural Engineers, P.A., Overland Park; and BGR Consulting Engineers, Kansas City (electrical engineer). McCownGordon, as the designbuild leader, was responsible for ensuring the project received LEED Silver certification. The team worked collaboratively to design and build a sustainable station featuring a structure of load-bearing NRG masonry, epoxy resinous and rubber tile flooring, exposed concrete, stainless steel casework and butcher-block shelving. Each of these green design features contributes to durability, comfort and easy maintenance.
Reaching LEED Silver At Fire Station 39
LEED focuses on several categories, and the project achieves points throughout. Sustainable Sites. At Fire Station 39, the architect, landscape architect and civil engineer were responsible for LEED credits earned for alternative transportation features such as fuelefficient vehicle parking, bicycle storage
and changing rooms. The project also achieved credits for stormwater design features and for roof and hardscape design that reduced heat generation from the site. The City’s ability to provide numerous public transit options to and from the area around the site gained LEED credits. Water Efficiency. LEED credits are given for strategies and technologies that reduce water consumption. Fire Station 39 architects designed a structure utilizing indigenous, drought-tolerant species, eliminating the need for irrigation and increasing water efficiency. Mechanical engineers achieved credits for systems that reduced Fire Station 39’s water use. Energy and Atmosphere. A variety of techniques and strategies can reduce energy consumption and lower operating costs. Fire Station 39 earned credits for using refrigerant management and optimizing the energy performance of the building above that of normal building code requirement. In addition to optimizing the energy performance of the building, power credits, purchased from an alternate energy provider, were applied to the local power grid, a practice known as “green power.”
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Materials and Resources. This category presents one of the best opportunities to implement sustainable practices during construction. Known as the “in and out” category, designbuild team members focus on the environmental impact of materials going into the building and on minimization of landfill and incinerator disposal of materials going out during and after construction. The City has long required traditional concrete building block be used in fire station construction. However, there is a delicate balance between durability and livability. Older structures using this material may have an undesirable institution-like feel. To meet the existing standard and achieve the LEED goal of trimming Fire Station 39’s energy load through passive means, the design-build team specified an insulated material known as NRG Insulated Block, saving energy while also creating a more appealing working and living space. The team also ensured the station was built with regional and recycled materials, as well as certified wood that comes from responsibly managed forests. Indoor Environmental Quality. This category aims to improve ventilation, lower carbon dioxide levels, and take other measures to benefit the health of occupants. Personal comfort is important because Kansas City fire stations are occupied around the clock, serving as a residence as well as a workplace for firefighters. The architect, electrical engineer and mechanical engineer on Fire Station 39 included features such as efficient lighting and thermal systems to promote occupant health and comfort. They also specified adhesives, sealants and flooring systems among other building products that meet low-emission standards and are better for air quality. The station has a split-system air conditioning arrangement that allows occupants to manage temperatures for the most comfort. Innovation in Design. This category focuses on the design team’s ability to think outside the box and creatively implement sustainable practices into the facility. Fire Station 39 achieved additional credits for using low-mercury lighting, e x ce e d i n g t h e r e g i on a l l y s ou r c e d materials minimum requirement for LEED, and ensuring that 100 percent of all wood that went into constructing 22 / May 2013
the facility met the Forest Stewardship Council guidelines. Fire Station 39 also received Innovation credits because multiple team members were LEED-Accredited Professionals. Architects, contractors and others who hold LEED credentials are trained to use systems-level thinking in their work and are required to be familiar with the latest green building practices. In addition to building design and construction, credentials are available for professionals who specialize in operations and maintenance, interior design and construction, homes and neighborhood development. Fire Station 39 successfully achieved 52 of 110 available credits to achieve the Silver certification. Few, if any, construction projects will collect all available credits, because building and design processes and technologies are constantly evolving.
future generations, construction projects that utilize LEED, along with municipal policies that embrace other sustainability principles, can lay the groundwork for efficiency, economy and more livable communities. Daniel Lacy is a senior project manager for McCownGordon Construction, a Kansas City-based construction management firm. McCownGordon is the leading sustainable contractor in the Kansas City Metro, and has completed numerous LEED facilities that have achieved all levels of certification. Lacy holds a B.S. in Construction Management from Missouri State University, Springfield, and is a LEEDAccredited Professional.
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Are You Up to Date on the LATEST Changes to The Family and Medical Leave Act? by David S. Davis
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uring the first three months of 2013, the U.S. Department of Labor (DOL) issued new guidance regarding when an eligible employee is entitled to leave under the Family and Medical Leave Act (FMLA) to care for an adult child. It also issued new regulations with enhanced FMLA leave for military members and their families. The changes require action by employers to ensure compliance with the new rules in granting leave, posting of a new FMLA poster, and the use of new FMLA forms.
Leave To Care For An Adult Child
The FMLA generally allows an eligible employee to take up to 12 weeks of unpaid leave during a 12-month period to care for a “son or daughter.” The FMLA defines “son or daughter” as a “biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in the place of the parents, who is: (i) under 18 years of age; or (ii) 18 years of age or older and incapable of self-care due to a mental or physical disability.” Under the FMLA, a disability is a mental or physical impairment that substantially limits one or more major life activities of an individual. The onset of the disability occurring at any age must be considered when analyzing whether the adult child meets the definition of “son or daughter.” If the eligible employee’s son or daughter has a disability at the time the requested leave commences and is incapable of self-care due to the disability, then he or she meets the definition of a “son or daughter” for purposes of the FMLA. In order for the eligible employee to be entitled to take leave to care for an adult child, the son or daughter also must have a serious health condition and need care as a result of the serious health condition. A “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves inpatient care
24 / May 2013
or continuing treatment by a healthcare provider. While the same condition may satisfy both the definition of disability and serious health condition, disability may be satisfied by one condition while serious health condition is satisfied by a separate condition. Therefore, an eligible employee may take FMLA leave to care for an adult son or daughter if the son or daughter has a disability, is incapable of self-care due to the disability, has a serious health condition, and is in need of care due to the serious health condition. All four requirements must be met for an eligible employee to be
entitled to FMLA leave to care for his or her adult son or daughter. For more information related to FMLA leave to care for an adult child go to http:// www.dol.gov/whd/regs/compliance/ whdfs28k.htm. New F MLA R eg u l a t i on s For Military Members And Their Families Generally, an eligible employee who is the spouse, son, daughter or parent of a military member may take up to 12 weeks of FMLA leave during any 12-month period to address certain exigencies that arise when a military
APPLICABILITY OF THE FEDERAL FAMILY MEDICAL LEAVE ACT The federal law is confusing with regard to the applicability issue because the FMLA generally applies only to employers with 50 or more employees, but the statute treats public agencies differently. The FMLA specifies that public agencies are “employers” under the statute regardless of the number of employees (29 U.S.C. § 2611(4)(A) (3); 29 C.F.R. § 825.108(d)). The numerical limitation, however, is resurrected elsewhere in the FMLA, which limits eligibility for FMLA protections to “eligible employees.” (29 U.S.C. § 2611(2)(B)(ii)). The term “eligible employee” in the FMLA includes “any employee of an employer who is employed at a worksite at which such employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50.” (29 U.S.C. § 2611(2)(B)). The regulations make clear that this provision applies to public agencies, stating “employees of public agencies must meet all of the requirements of eligibility, including the requirement that the employer (e.g. State) employed 50 employees at the worksite or within 75 miles.” 29 C.F.R. § 825.108(d). Therefore, even though public agencies fall within the FMLA regardless of the number of employees, those employees cannot seek FMLA benefits unless the agency employed at least 50 employees within a 75 mile area. (FAIN v. WAYNE COUNTY AUDITOR OFFICE, DefendantAppellee. No. 03-1720. 2004)
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member is deployed to a foreign country. Additionally, an eligible employee may take up to 26 weeks of FMLA leave during a single 12-month period to care for a service member in certain circumstances. On March 8, 2013, new regulations expanding FMLA coverage for military members and their families went into effect. The regulations extended coverage to members of the National Guard and Reserves, as well as regular Armed Forces. Also, it added an additional qualifying exigency for parental care that entitles eligible employees to FMLA leave. Eligible employees may take leave to care for a military member’s parent who is incapable of self-care when the care is necessitated by the member’s covered active duty. Parent care may include arranging for alternative care, providing immediate care, admitting or transferring the parent to a care facility, or attending meetings with staff at a care facility. The new regulation also allows an eligible employee to take leave to care for a veteran undergoing medical treatment, recuperation or therapy for a serious injury or illness. A veteran includes a “military member” discharged or released under conditions
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other than dishonorable at anytime during the five-year period before the eligible employee takes FMLA leave to care for a veteran. The definition of serious injury or illness for service members has been expanded to include a preexisting injury or illness that was aggravated by the service member in the line of duty, as well as an injury or illness suffered in the line of duty. The regulation also increases the amount of time that an eligible family member can spend with a military member on rest and recuperation leave from five to 15 days.
Conclusion
the changes to the regulations. The new forms can be found at http:// www.dol.gov/whd/fmla/. Finally, make sure you understand the changes made to the FMLA regulation. The DOL prepared a side-by-side comparison chart to help employers understand the changes made to the FMLA regulations. You can find the chart at http:// www.dol.gov/whd/fmla/2013rule/ comparison.htm. Dave Davis is an attorney, founding member of Davis Law, LLC and author of the Missouri Local Government Employment Law Handbook. Davis counsels and defends local government and businesses in the areas of employment law, civil rights and general litigation. Contact Davis at 314-863-6868 or ddavis@davis-lawllc.com. Follow him on Twitter @DavisLawLLC. Download a free copy of the Missouri Local Government Employment Law Handbook from the firm’s website www.davis-law-llc.com.
Make sure you are in compliance with the new regulations, including posting the new FMLA poster reflecting the new regulations that began March 8, 2013. The updated poster can be found at http:// www.dol.gov/whd/ regs/compliance/ posters/fmlaen.pdf. Additionally, the DOL has updated its FMLA forms to reflect
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LOCAL GOVERNMENT “MOST TRUSTED” IN NEW NATIONAL POLL
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oters trust local government to address the issues that matter most to them more than any other level of government according to results from a new Mason-Dixon poll for the National League of Cities. The nationwide poll surveyed 1,000 registered voters on March 27 and 28 and April 1, 2013. “This poll confirms the strength of our nation’s cities and towns and their efficiency in managing the various needs of our diverse communities,” said Clarence Anthony, executive director of the National League of Cities. “Local governments are trusted to address the issues that are critical to the everyday lives of Americans.” The poll asked 1,000 voters, “Which level of government do you trust the most to address issues that matter in your life: local government, state government or the federal government?” It found that 37 percent put the most trust in their local governments, as opposed to 22 percent for state and 12 percent for federal. Women put more faith in local government than men, and voters with the most trust in local government and the least in the federal government are men and women between the ages of 35 and 49. No Republican respondents said they trust the federal government most. Similarly, only 22 percent of Democrats and 12 percent of Independents expressed the most trust in the federal government. In contrast, trust in local government is solid across party lines with 32 percent of Democrats, 39 percent of Independents and 40 percent of Republicans saying they trust local government most. State government is most trusted by 26 percent of Republicans, 21 percent of Independents and 19 percent of Democrats. “While trust in the federal government appears to be fractured and tragically low, this survey shows that when it comes to getting the job done on critical issues in people’s lives, voters firmly entrust their local leaders to represent them best,” said Marie Lopez Rogers, president of the National League of Cities and mayor of Avondale, Ariz. “Our finger is on the pulse of this nation,” Anthony said. “The National League of Cities connects local governments with Capitol Hill, but our communications can work both ways. We hope this poll will encourage more cooperation at the federal level as we continue advocating for the critical issues affecting our communities.” These results come after a fiercely contested national election, where domestic issues like job growth, health care and immigration took precedence over international relations and defense. Local governments are closest to the people in proximity and accessibility, providing a more uncomplicated path to influence legislation while addressing specific issues that affect their constituents’ daily lives.
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Member Accomplishments The city of Grandview was recognized by the Kansas City Business Journal with a Capstone Award in April for its green building and architectural design of its new Public Works / Park & Recreation Maintenance facility. The building was designed to save the City significant money serving the public during the next two decades. The new structure replaces two inefficient and obsolete facilities serving each of the departments and does so in high style and efficiency. Building efficiency was emphasized throughout the design process, beginning with the shape and orientation of buildings and including the major mechanical systems (heating, cooling, lighting) used. The shed-type roof designs mean low maintenance for many years, and their white finish will reflect the sun's energy to make cooling the buildings less expensive.
Calendar of Events June 2-5 13-14
National GFOA Annual Conference, San Francisco, Ca. MML Elected Officials Training Conference Jefferson City, Mo.
July 12-13 18
MO Municipal Attorneys Assn. Summer Seminar, Osage Beach, Mo. MML West Gate Meeting, Civic Leadership Awards Banquet, Grandview, Mo.
August 25 -28
American Public Works Association 2013 Congress, Chicago, Il.
September 5-6 15-18 22-25
2013 Governor's Conference on Economic Development, Kansas City, Mo. MML Annual Conference, Branson, Mo. International City Management Association 2013 Annual Conference
For more events, visit the events calendar at www.mocities.com.
2013 Missouri Municipal League
Innovation Awards Share the remarkable projects happening in your community! Submit them now for the 2013 MML Innovation Awards! Entries due to MML by July 12, 2013. Awards will be presented in three population categories. Visit www.mocities.com for full information and award applications.
30 / May 2013
Classifieds ADMINISTRATOR/CLERK. The village of Twin Oaks, a small municipality located in west St. Louis County, is accepting applications for the position of administrator/clerk. This person would be responsible for coordinating daily operations and supervision of the part-time assistant(s) and contractors providing service to the Village. Desired qualifications include a bachelor’s degree in public administration or a related field, plus experience in budgeting and business management and/or experience in public administration, or any related combination of training and experience therein. Applicant must be PC literate and have effective oral and written communication skills with trustees, residents, employees, contractors and the general public. The selected individual would report directly to the chairman of the board of trustees. Salary is negotiable depending upon qualifications. Please submit resume with salary history and references to: Village of Twin Oaks, 1393 Big Bend Road, Suite F, Twin Oaks, MO 63021. Resumes will be accepted until the position is filled.
CHIEF OF POLICE. The city of Waynesville is accepting applications for chief of police. Salary dependent upon qualifications and includes a competitive benefits package. Candidate must pass a pre-employment, criminal background check and post-offer physical examination and drug screen. This position plans, organizes and directs all activities within the Waynesville Police Department and reports directly to the city administrator. Qualifications: Peace Officer Certification in Missouri or ability to obtain; valid driver’s license; and five years of successful experience as a law enforcement official. Send a cover letter, resume and three professional references to: City Clerk, City of Waynesville, 601 Historic 66 W, Waynesville, MO 65583. Closing date is August 9, 2013. The city of Waynesville is an equal opportunity employer and treats all applicants equally regardless of ethnicity, creed, color, religion, national origin, age, handicap, or veteran status.
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Aaron G. March, James C. Bowers, Michael T. White, Shannon M. Marcano, Patricia R. Jensen, William B. Moore, Brian E. Engel, Mark S. Bryant, Kimberley S. Spies
Municipal Law, Land Use and Economic Development Team
SoLiD ExpEriEncE – poSiTivE rESULTS Call Mike T. White at 816-863-1733 for an introduction to the appropriate team member to help you with: Chapter 100 Bond Financing Chapter 353 tax abatement Community Improvement Districts Eminent Domain Enterprise Zones Municipal employee claims
Municipal litigation Neighborhood Improvement Districts State incentives Tax Increment Financing Transportation Development Districts Zoning and other land use issues
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