MML Review Magazine May 2014 by Missouri Municipal League

The Missouri Municipal

Review

The Official Publication of The Missouri Municipal League

May 2014

2014 Public Works Issue

In This Issue: • Fast Thinking Saves Higginsville's City Lake • Arc Flash Study Increases Electrical Safety • Gauging Your Fuel Supply For Emergencies

Missouri Securities Investment Program A Cash Management Program for School Districts, Counties, Municipalities and Other Political Subdivisions

The Missouri Securities Investment Program (“MOSIP”) is a comprehensive cash management program for school districts, counties, municipalities, and other political subdivisions. MOSIP was created in 1991 by the Missouri School Boards Association. MOSIP offers its investors a professionally managed portfolio with competitive money market rates. MOSIP stresses maintaining safety, liquidity and yield as the primary investment objectives.

Administered by: PFM Asset Management LLC Sponsored by: Missouri School Boards Association • Missouri Association of School Administrators Missouri Association of School Business Officials • Missouri Association of Counties • Missouri Municipal League

This information is for institutional investor use only, not for further distribution to retail investors, and does not represent an offer to sell or a solicitation of an offer to buy or sell any fund or other security. Investors should consider the investment objectives, risks, charges and expenses before investing in any of the Missouri Securities Investment Program’s portfolios. This and other information about the Program’s portfolios is available in the Program’s current Information Statement, which should be read carefully before investing. A copy of the Information Statement may be obtained by calling 1-877-MY-MOSIP or is available on the Program’s website at William T. Sullivan, Jr. Maria Altomare Adam Gabriel Barry Ballou www.mosip.org. While the MOSIP Liquid Series seeks to maintain a Managing Director Managing Director Sr. Managing Consultant Sr. Marketing Representative stable net asset value of $1.00 per share and the MOSIP Term 631-806-9470 cell 1-800-891-7910 x3091 1-800-891-7910 x3093 402-705-0350 sullivanw@pfm.com altomarem@pfm.com gabriela@pfm.com balloub@pfm.com 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 77 West Port Plaza Drive • Suite 220 • St. Louis, MO 63146 agency. Shares of the Program’s portfolios are distributed by PFM 1-800-891-7910 Fund Distributors, Inc., member Financial Industry Regulatory P.O. Box 11760 • Harrisburg, PA 17108-1760 Authority (FINRA) (www.finra.org and Securities Investor Protection 1-877-MY-MOSIP Corporation (SIPC) (www.sipc.org). PFM Fund Distributors, Inc. is a 2 / May 2014 The Missouri Municipal Review www.mocities.com wholly owned subsidiary of PFM Asset Management LLC.

Registered Representatives

The Missouri Municipal

Review

May 2014

VOLUME 79, NO.3

The Official Publication of The Missouri Municipal League

CONTENTS

President

Councilmember Jan Marcason Kansas City

Vice President

Mayor Bill Kolas Higginsville

Harrisonville.

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

Director's Report

Fast Thinking Saves Higginsville's City Lake

MISSOURI MUNICIPAL LEAGUE BOARD OF DIRECTORS Ruth Baker, City Clerk, Manchester; David Bower, Mayor, Raytown; Conrad Bowers, Mayor, Bridgeton; Roger Haynes, Deputy City Manager, Mexico; Bill Johnson, Director of Administration, Fulton; David Kater, Mayor, Desloge; Patrick Kelly, Mayor, Brentwood; Donald Krank, Councilmember, Black Jack; Paul Martin, Attorney, Olivette; *Norman McCourt, Mayor, Black Jack; *Ron Monnig, Councilmember, Slater; Raeanne Presley, Mayor, Branson; John “Rocky” Reitmeyer, Alderman, St. Peters; Randall Rhoads, Mayor, Lee's Summit; Matthew G. Robinson, Mayor, Hazelwood; Frank Roland, Mayor, Hillsboro; Kathy Rose, Mayor, Riverside; *Carson Ross, Mayor, Blue Springs; Tom Short, City Administrator, Carthage; Robert Stephens, Mayor, Springfield; *Gerry Welch, Mayor, Webster Groves; *Kevin Wood, Mayor,

President's Report

*Past President

Arc Flash Study Increases Electrical Safety At Water and Wastewater Plants

Bismarck Marks Wastewater Plant Completion

Lexington: Preserving Its Past, Positioning For The Future

Gauging Your Fuel Supply For A Natural Disaster Or Emergency by Mary Joyce Ivers and Jeffrey A. Tews

MML Elected Officials Conference

Visit Missouri Trails by Jan Neitzert

DEPARTMENTS 20 A Day In The Life: Missouri Public Works Directors 22 Professional Directory 29 News From The Bench 30 Events / Member Accomplishments / Classifieds

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.

The Missouri Municipal Review

May 2014 /3

President’s Report. . .

issouri celebrated Local Government Week earlier this month, and it was wonderful to see the activities cities across the state shared with their citizens. From employee recognition events to open houses to day-long community celebrations, communities were able to celebrate the importance of local government in everyday life. More than any other form of government, local government is closest to the people. In Kansas City, we have a recent example of how our community works together through the passage of new water bonds this April. With overwhelming support, Kansas City residents voted for the Water Revenue Bond Authorization, a vote that will keep our community’s water supply among the very best in the country. These projects cannot be successful unless communities and citizens are working together. One of the best ways we can continue to serve effectively is to educate ourselves. MML’s Elected Officials Training Conference (EOT) is coming up in Columbia June 12-13. 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 Jan Marcason this issue of The Review. MML President Kansas City Councilmember MML is very excited to announce an expanded partnership with Strategic Government Resources (SGR). SGR has already been providing MML’s online training classes. Under the new agreement, MML members may either take individual classes at a reduced price or subscribe to SGR’s Learning Management System and gain access to more than 80 classes for a full year. Another piece of exciting news is that through the SGR system, MML is now offering its first custom-made online class. This first class is devoted to the Missouri Open Meetings and Records Law, aka the Sunshine Law. This is a subject in which all municipal officials must be well versed. Most of MML’s online training counts towards the MML’s Municipal Governance Institute. Graduates from this program receive designation as a Certified Municipal Official. Visit the League’s website to find out more about this program. 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.

LET THE SUNSHINE IN! NEW Online Training Class Missouri Open Meetings and Records Law Understanding the Missouri Sunshine Law is vital to serving effectively as a local government official. Custom made for MML, this class answers your questions:

o How should I post a meeting? o When can a meeting be closed? o What constitutes a meeting? o How does the law apply to emails? o How soon must a record request be fulfilled? o What are the penalties for violating the law? Complete at your convenience! Classes are accessible for 30 days after purchase. Learn more at www.mocities.com. 4 / May 2014

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www.mocities.com

Director's Report. . . THE KIMBLE CASE

The Case: In January 2013, Bert Kimble, as an individual and on behalf of all Missouri customers of AT&T Mobility that paid for city or county business license taxes collected by Defendants (upon the provision of Internet access services on bills issued from Nov. 1, 2005, through Sept. 30, 2010) filed a lawsuit against 263 Missouri municipalities. The suit sought to obtain more than $14 million from municipalities and St. Louis County. The Decision: On Jan. 13, 2014, U.S. District Judge Nanette K. Laughrey entered an order granting all Defendants’ Motion for Judgment on the Pleadings. The basis for the court’s order was that Plaintiffs cannot proceed on the equal protection and Section 1983 claims because they are complaining of the action of AT&T, not the cities, and Plaintiffs’ unjust enrichment claim fails because Plaintiffs did not having standing to assert it. This order closed the trial court phase of the case, and 30 days later on Feb. 13, 2014, the appeal period ended. The January 2014 newsletter from MML reported “Cities Prevail in Kimble Lawsuit.” The Defense: The key to an effective defense was to prevent the Plaintiffs from achieving a divide-and-conquer approach among the 263 municipalities and St. Louis County. To that end, MML retained attorney Allen Garner to coordinate this effort. This was no small task as various groups of cities and St. Louis County were represented by municipal law firms, city attorneys or insurance providers. Working closely together, these partners and stakeholders crafted a generally unified and cohesive response to the lawsuit that denied Plaintiffs the divide-and-conquer strategy. By utilizing the knowledge and expertise of various attorneys and drawing on the work previously done by several of them in related litigation, defense costs were minimized as much as possible, resulting in no additional costs to MML member municipalities. Dan Ross MML Executive Director

I want to use this opportunity to publically thank and commend Allen Garner for his leadership in shepherding this process and coordinating the efforts of the many defense partners. I think this model holds promise for response to similar future lawsuits against groups or classes of municipalities. There are many other entities that I need to thank and recognize for their contributions to this successful outcome. Debts of gratitude are owed to the following attorneys and firms for their hard work, assistance and cooperation in the defense of the Kimble case. They are Chris Rackers and Brad Letterman with Schreiman, Rackers, Franca and Blunt, LLC, retained by Missouri Intergovernmental Risk Management and Missouri Municipal League; Michael Berry and Marshall Wilson with Berry-Wilson, LLC, retained through Missouri Public Entity Risk Management; Carl Lumley and Bob Jones with Curtis, Heinz, Garrett & O’Keefe, retained by the St. Louis County Municipal League and some cities directly; David McCourt, Russell Watters, Bob Carter and Tom Wolf of Brown & James, retained through insurer Meadowbrook/Savers; Nancy Yendes and Marianne Banks, employed by the legal department of the city of Springfield; Patti Hageman, Nancy Kistler and Raymond Flojo, employed by the legal department of the city of St. Louis; Cindy Hoemann, Michael Hughes and Robert Grant, employed in the legal department of St. Louis County with assistance of Jim White: Stephen Walsh, employed by the legal department of the city of Kansas City; Drew Hilpert, employed by the legal department of the city of Jefferson City; John Mulligan, Angela Drake, Howard Paperner, and Lisa Robertson also contributed to the defense. Congratulations and thanks to all of you for this splendid defense. Perhaps the highest compliment came from the Plaintiff’s attorneys who expressed appreciation for the manner in which the defense was handled.

www.mocities.com

The Missouri Municipal Review

May 2014 / 5

FAST THINKING SAVES HIGGINSVILLE’S CITY LAKE

t started as a trickle and could have led to catastrophe, if not for the keen eye of a fisherman who spotted the spillway breach on City Lake just east of Higginsville one early August morning. By then, water was flowing freely through a four-foot gap under the old concrete structure between the upper and lower reservoirs. “The way it was flowing, our concern was that we were going to lose a 40-acre lake in a matter of hours,” says Jim Urfer, superintendent water and wastewater for Higginsville. “We couldn’t see the extent Water was flowing freely through a of damage, but it was as four-foot gap under the old concrete if you pulled the plug on structure between the upper and a bathtub and could see lower reservoirs at City Lake just the vortex, water sucking east of Higginsville. down and going under the spillway and coming up into the lower lake.” Lee Barker, the city administrator, agreed: “The whole structure could have failed, because when water starts cutting underneath, the longer you wait, the more material it cuts out and then you won’t have a spillway at all.” Urfer was concerned that this amount of water draining into the lower lake would cause major water quality issues, with silt also decreasing the capacity of the City’s drinking water supply — even making water levels in the upper lake so low that fish could not survive. The City knew it had to act immediately — first contacting Shafer, Kline and Warren (SKW) who in turn reached out to the Dam and Reservoir Safety Department at Missouri Department of Natural 6 / May 2014

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Resources (MDNR). There was no immediate danger of breach, stated MDNR experts, yet they recommended filling the hole with riprap as a temporary measure to slow the water down. With that accomplished, they turned to the consulting engineers for recommendations for a more permanent repair. Located 50 miles east of Kansas City along I-70 and U.S. Highway 13, Higginsville is home to more than 4,800 Missourians in the heart of Lafayette County. The City was founded in 1869 by Harvey Higgins, and today maintains its strong farm heritage while continuing to attract a wide range of businesses in this growing economic region. City Lake is made up of two reservoirs. The original, smaller reservoir was built in the early 1900s, the spillway connected only to a creek. The newer, larger reservoir – in place since 1951 – covers 154 acres and serves as the primary source of drinking water for the City, as well as providing recreational opportunities for fishing, duck hunting and boating. Higginsville also relies on a connection to the Missouri River: an eight-mile line that feeds the small upper reservoir, vital in times of drought when the City pumps 1.8 million gallons a day; water then overflows the spillway to keep the lower reservoir full under dry conditions. At approximately 100 feet wide, the old spillway is composed of a reinforced concrete slab with a cutoff wall at the top and bottom. Water had eroded away concrete on the upper cutoff wall; previously, the City had completed some patchwork repairs to address minor leakage. Now, however, www.mocities.com

water was moving underneath the slab and the lower toe wall before entering the larger basin. Once the spillway had been stabilized, Higginsville City Council approved SKW to lead the design-build effort for a permanent repair. This allowed the firm’s structural engineers to quickly prepare a design and arrive at a plan of action. “There were no real blueprints for this spillway, so we didn’t know exactly what we were going to encounter,” recalls Steve Schultz, PE, of SKW’s Columbia office. “We realized that the toe wall for the structure would not be sufficient enough to support a new spillway slab, so we adjusted our plans to include a new toe with the spillway.” Next, SKW solicited multiple bids from contractors, gained further approval on a maximum price and then hired the most qualified low bidder. Schultz estimated this fast-track approach decreased overall project time by as much as 75 percent versus a traditional approach. To facilitate repairs, the City used several siphon drains stretched over the top of the dam to reduce water levels by two to three feet in the upper lake. Then the contractor was able to place equipment on the spillway’s front side in order to build a new lower toe wall. SKW specified a special, early high-strength concrete used for bridge decks, as well as locally-sourced clay material to fill the voids and recompact underneath. In all, repairs were completed and tested in a matter of weeks, right before the 2013 rainy season began. Urfer of Higginsville acknowledged that the design-build approach was the right choice for this emergency repair: “We didn’t have time to go in and completely reengineer, then submit plans. When you’ve got something that needs to be done rapidly, design-build is the way to go because you can speed the whole process up.” Today, six months later, everything’s back to normal in Higginsville and on the water at City Lake – just as it should be. Shafer, Kline & Warren, Inc., 888-756-0444, www.skw-inc.com.

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www.skw-inc.com

Development

Energy

Infrastructure

Pipeline

Shafer, Kline & Warren, Inc. Forming Partnerships. Delivering Results.

Repairs were completed and tested in a matter of weeks, right before the 2013 rainy season began. All article photos courtesy of the city of Higginsville.

The Missouri Municipal Review

May 2014 / 7

CHILLICOTHE'S ARC FLASH STUDY INCREASES ELECTRICAL SAFETY AT WATER AND WASTEWATER PLANTS “We always try to be a leader when it comes to safety,” explains municipal utilities manager for the city of Chillicothe, Jim Gillilan. “Over the years, our City has received recognition for excellence in safety by the American Public Power Association (APPA) multiple times. Chillicothe is a progressive city and we believe if you have employees who work with electricity, you have a responsibility to protect them. Certainly, one thing employers should never take for granted is basic electrical safety. We recently focused on our water and wastewater plants to reduce the dangers of arc flash.”

What Is Arc Flash?

About five to ten times a day across the United States, a dangerous arc flash incident occurs in the workplace. Usually the electrical current pumping through the wiring system to the company’s transformers, fuse boxes, outlets and equipment is safe. But, sometimes a short circuit mishap causes something terrible to happen instead. What happens? When an electrical circuit short circuits or faults, an arc of electricity literally jumps out of the power line, open fuse box, or piece of exposed live equipment into the air like a violent flash of lightening—this is called an arc flash. When an arc flash happens, it is unspeakably fast and produces a flare of heat that is hot enough to melt steel. Typically, expensive equipment is immediately destroyed, fire breaks out, and innocent people nearby can be severely injured or instantly killed.

What Causes An Arc Flash And Who Should Be Concerned?

Arc flash incidents can occur in any commercial setting, especially those requiring constant, uninterrupted electrical power like wastewater plants, power plants, factories, hospitals, highrise offices, department stores, and data centers. A variety of ordinary

8 / May 2014

Photo (top): Water plant filters and a filter control console at the water plant in Chillicothe, Mo. Photo (above): Jim Gillilan, municipal utilities manager for the city of Chillicothe and Ray Blakely, professional engineer and CEO of Blakely and Associates Consulting Engineers, Inc.

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reasons can cause an arc flash to occur. • Dropped tools of workers • Improper work procedures or training • A c c i d e n t a l c o n t a c t w i t h electrical systems • V o l t a g e t e s t i n g w i t h inappropriate equipment • Lack of maintenance • C o r r o s i o n o f e l e c t r i c a l equipment • Installation failure Professional Engineer Ray Blakely, who performed the arc flash study for the water and wastewater plants for the city of Chillicothe, explains: “The cause of most arc flash incidents is directly peoplerelated. Thankfully, that means that with the right safety precautions, arc flash explosions are largely preventable. The city of Chillicothe understands that even low-voltage equipment can be dangerous because it may be supplied by an electrical system that can unexpectedly unleash incredible amounts of energy during a short circuit or other default. Through the arc flash study with Chillicothe, we were able to work together to identify potential safety hazards, calibrate equipment settings to reduce employee risk and raise the level of safety and awareness for everyone that works there.” www.mocities.com

According to Gillilan, the bigpicture goal of the arc flash study is simple: to increase electrical safety for his employees. He said, “Ultimately, it’s about making sure our people are safe in our workplace. If clear and concise warning labels do not exist in a facility, then the company is not meeting industry-recommended safety standards. If you don’t have warning labels posted, you are vulnerable to workplace accidents and potential lawsuits.” The arc flash study is more than the strategic placement of detailed warning

labels throughout the workplace. Conducting an arc flash study is a complex process that requires professional electrical engineers who are familiar with the particular intricacies of arc flash. The comprehensive study has five key steps with a multitude of goals at each stage.

What Are The Five Steps Of The Arc Flash Study? STEP ONE: The One-Line Diagram Properly collecting your facility’s electrical data is the first phase of the project. The electrical data is placed in a one-line diagram. This CADtype drawing details all the electrical components in the facility, including cables, breakers, motors, transformers, lighting panels, switchboards, outlets, and more. “The problem for so many

facilities is that they lack electrical one-line diagrams,” said Blakely. If you do not have a one-line diagram, you don’t possess the most basic knowledge to consider the potential issues surrounding electrical risk. Once you do have one, it will be valuable in a myriad of ways, including eliminating the need for additional field time in the future, like during routine maintenance of your electrical system. The one-line diagram allows you to take a strong fresh look at your overall design and make sure that your electrical drawings include up-to-date details.” STEP TWO: The Computer Model After the one-line diagram is created or updated, the electrical information is transferred to a computer model. This step in the arc flash study utilizes sophisticated computer software to determine the level of electrical current at each and every point in a facility’s electrical system. All node voltages and transformers are identified, including primary and secondary voltage. Connection types are identified, as well as methods of grounding primary and secondary windings.

SERVICES:

ELECTRICAL

 Electrical Fault Current Studies  Coordination Studies  Arc Flash Studies

WE’LL HELP YOU TODAY:

SAFETY MATTERS

Electrical Safety

INCREASE WORKPLACE SAFETY FOR EMPLOYEES, CONTRACTORS, AND THE PUBLIC

 Electrical Safety Program Development SCADA System Design / Build Substation Design / Build Switchgear Design / Build Electrical Distribution Design / Upgrade Water Plants Automation Waste Water Plant Automation Control Panel Design / Build Generator Controls

REDUCE THE RISK OF EQUIPMENT FAILURE

NFPA 70E DO YOU COMPLY? We can help you meet the 2015 changing guidelines in the NFPA 70E: The Handbook for Electrical Safety in the Workplace.

W. Ray Blakely, P.E. | rblakely@blakely-eng.com Jason E. Eckles, P.E. | jeckles@blakely-eng.com www.mocities.com

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Free Electrical Safety Matters Session for Missouri Cities: Robin Blakely | 660-973-2723 Robin@ElectricalSafetyMatters.com

May 2014 / 9

“These labels provide a critical cornerstone for our electrical safety— not just for current employees, but also for future employees and the contractors that we bring in any time to do work for us,” says Gillilan “Everyone in the workplace needs to be highly aware of safety issues. Unqualified workers must be trained on the basic hazards of electricity so that they understand how to take fundamental precautions to be safe. Qualified workers need to be formally advised about meeting specific safety requirements, too. We believe safety in the workplace should be a primary focus for every employee and every business.”

Is Your Work Place Safe?

Blakely explains, “When you know the levels of electrical current at each point in the electrical system, you can calculate the potential severity of an arc flash if an accident occurred anywhere. That information opens the opportunity for us to consider special ways to reduce arc flash risks for the business.” STEP THREE: The Protective Device Coordination After the computer model is designed, the entire electrical system is analyzed and the coordination of protective devices occur. The goal of this step is to minimize the effect of a short circuit problem and confine it to the smallest area possible. “Businesses are built on strategic planning. But many companies don’t realize that good electrical systems also are built with strategic planning. If something happens, it is possible to limit the area of your outage to the most practical related area. We can do that by collecting data for all protective devices like fuses, protective relays, low-voltage circuit breakers and reclosers. Proper coordination of electrical distribution systems can reduce the potential for damage, extended downtime, and most importantly, it reduces the risk to human life,” says Blakely. STEP FOUR: The Arc Flash Analysis In this step, data will be analyzed to determine flash protection boundaries 10 / May 2014

and the type of personal protective equipment that people within a flash protection boundary should use. The levels of protective equipment range from cotton clothing to highly insulated heavy attire with hoods and face shields. “It’s important for companies to understand how important this protective equipment truly is,” says Blakely. “Using personal protective equipment can make an arc flash incident survivable for an employee if an accident occurs. The proper gear typically can limit injuries to seconddegree burns. There is no gear that can withstand the greatest blast effects of an arc flash.” Without proper protective equipment, the types of injuries that can result from an arc flash incident can include severe burns, as well as eye and face injuries, broken bones, punctures and lacerations, hearing damage and loss, brain injuries, blindness and death.

One of the best reasons for increased awareness and understanding of arc flash hazards is to prevent injuries. A first step to meeting industryrecommended guidelines for electrical safety is asking yourself and your team the following questions: • Do we provide warning labels on our equipment? • Are our work areas labeled with the correct personal protective equipment for our workers? • Do we provide appropriate tools for working safely? • D o w e o f f e r a n e l e c t r i c a l safety program with defined responsibilities? • Do we provide electrical safety training on the hazards of arc flash

Blakely and Associates Consulting Engineers, Inc., has completed hundreds of arc flash studies across the nation, including studies for data centers owned by Amazon and Facebook, as well as studies for the water and wastewater plants for the city of Chillicothe, Mo. and the electric, water, and wastewater plants for the city of Jackson, Mo. www.blakely-eng.com.

STEP FIVE: The Labeling The final step in the arc flash study involves labeling. The big idea behind labeling is to align the level of risk with the proper level of personal protective equipment. Appropriate labeling is placed throughout the facility to warn people who work on or near power system equipment to be aware of the specific hazards involved. The labels detail the appropriate level of personal protective equipment required for each particular work zone. The Missouri Municipal Review

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BISMARCK MARKS WASTEWATER PLANT COMPLETION “It is important that we provide communities like Bismarck with the resources necessary to ensure a decent quality of life and help attract and keep residents and businesses.”

~ USDA Rural Development Missouri State Director Janie Dunning

SDA Rural Development State Director Janie Dunning offered her congratulations to the city of Bismarck in March for the recent completion of its wastewater system improvement project. Prior to the new wastewater treatment plant, the City had settling issues with its treatment plant that resulted in decreased efficiency. Infrastructure improvements were also made to sewer mains, manholes and lift stations. “This new wastewater treatment plant ensures the 1,468 residents of Bismarck will continue to have a safe dependable and sanitary means of waste disposal,” said Dunning as she presented a plaque recognizing completion of the project to Administrative Assistant Alan Williams. “Congratulations to the City on the plant’s completion.” USDA Rural Development funds totaling $2,500,000 in the form of a loan and a $2,965,923.92 grant were used for the project. Funds from USDA were supplemented by funding through the Missouri Department of Economic Development’s Community Development Block Grant Program made possible through the U.S. Department of Housing and Urban Development. According to Dunning, USDA, through its rural development mission area, has an active portfolio of more than $197 billion in loans and loan guarantees. These programs, she explained, are designed

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Following a tour of the facility led by Williams, Dunning said, “One of the keys to quality of life in rural cities, towns and villages is maintenance of infrastructure. It is important that we provide communities like Bismarck with the resources necessary to ensure a decent quality of life and help attract and keep residents and businesses.” She also noted that the City had made a right choice in starting the process of seeking funds early. “Alan had mentioned to me that because of the new plant, city water bills have risen to around $40 a month,” said Dunning. “This project was completed with the help of stimulus money. Cities starting their projects now are having to pay for the building of their new treatment plants with funding coming only from loans. Residents of those cities will have water bills that run around $100 a month. People can’t afford that — they don’t want to pay that. No matter what one thinks about the stimulus, it has allowed Bismarck to build this new plant where city water bills will still be affordable.” This article was reprinted, with some edits, from the Bismark Daily Journal, with permission. It was written by staff writer Kevin Jenkins. View the full article at http:// dailyjournalonline.com/bismarck/ news/bismarck-marks-wastewaterplant-completion/article_231a2f12b0fa-11e3-9f95-0019bb2963f4.html. to “improve the economic stability of rural communities, businesses, residents, farmers and ranchers, as well as improve the quality of life in rural America.” The Missouri Municipal Review

May 2014 / 11

LEXINGTON: PRESERVING ITS PAST, POSITIONING FOR THE FUTURE

hrough the years, Lexington, Missouri’s antebellum-style homes, Civil War heritage, historic buildings and exquisite antiques have lured many people to the area. In fact, these attributes continue to attract visitors to local shops, museums, old homes tours, theatrical events and festivals throughout the year. Add to that a colorful backdrop that emphasizes the arts—in all of its forms—and it’s easy to see the richness of Lexington’s culture, as it meshes traditional looks and feels with contemporary hues, sights and sounds. Thanks to a partnership with the University of Missouri Extension, the Community Arts Pilot Project (CAPP) promises to further elevate Lexington’s stature and allure as a strong tourist destination. “To see all of this come together is quite remarkable,” said City Administrator Mark Rounds. “What’s equally compelling is the fact that the people, residents and business owners, donate their time and talents to make this City what it is. There’s no shortage of committees and work groups collaborating on this or that. And when you put it all together, you have a city that is positioning to grow 12 / May 2014

its economic infrastructure on the strength of a solid business community, tourism, arts council, health care and historic downtown. As a city official, it’s hard to ask for more.” The Lexington Missouri Main Street initiative promises to underscore the City as a scenic destination. With community support and grant funds, plans are underway to revitalize the City’s downtown Main Street. Still in its preliminary stages, Lexington Main Street has submitted a grant application to help keep revitalization plans moving forward, established a volunteer steering committee and will soon establish a board of directors. Expected outcomes are to enhance the social, cultural and environmental well-being of historic downtown within the context of historic preservation. Ultimately, Lexington Main Street is expected to drive not only more tourists to the City, but spur economic development. Lexington Main Street is a part of a statewide initiative called Missouri Main Street Connection. Lexington’s health care community also offers a unique value proposition. The City leads many rural communities when it comes to health information technology and telehealth. This is due in part because Lexington The Missouri Municipal Review

is home to one of the premier rural health networks in the country, the Health Care Collaborative (HCC) of Rural Missouri. The 501(c)(3) nonprofit, and its collaborating partners, have worked together to bridge barriers to quality health care. With the use of telehealth, wait times for patients to receive mental health care services are drastically reducedw. With one in four Americans suffering from a mental health condition, telehealth has allowed area mental health providers to see double, sometimes triple, the amount of patients in a given day. Lexington, the Lafayette County seat, is home to a critical access hospital, Lafayette Regional Health Center, one federally qualified health center (FQHC) and two additional FQHCs within a 30-mile radius. The community benefits by having a place to receive care regardless of ability to pay. Electronic health record implementation is helping providers meet government-mandated Meaningful Use Standards – another Photo: Lexington's historic downtown is situated near the bluffs of the Missouri River. Total population is 4,726 residents, according to latest Census data.

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initiative that has a strong local focus. Other initiatives include addressing disparities in oral health care by reestablishing clinics as health homes for patients, where primary care, behavioral health and oral health care are provided under one roof. In another instance, an area clinic has incorporated an intergenerational approach to practicing medicine by pairing seasoned medical doctors with nurse practitioners fresh out of nursing school. “The emphasis on health and wellness in Lexington, and in the county as a whole, is impressive,” Rounds said. “Many of our high school students are receiving early exposure to the health professions. This is an added bonus because rural health care has unique challenges. We are fortunate that several of our nonprofits and public health organizations take such an active role in the health and wellness of our citizens.” As Lexington continues to make bold moves to build its infrastructure, whether it’s unfurling plans for construction of a new state-of-the-art hospital, opening art studios, turning old, abandoned rail lines into stretches

big-city experience. smAll-town vAlues.

816-525-7881 jlAuber@lAubermunicipAl.com www.lAubermunicipAllAw.com

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

of scenic fitness trails, or making moves to revitalize its downtown, Lexington is positioning for the future — while staying true to its legacy.

For more information about the city of Lexington, visit LexingtonMo. com.

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The Missouri Municipal Review

May 2014 / 13

GAUGING YOUR FUEL SUPPLY FOR A NATURAL DISASTER OR EMERGENCY by Mary Joyce Ivers and Jeffrey A. Tews

o e s y o u r f u e l gauge show that you are full and ready for any natural disaster or emergency event? It is imperative that you plan, prepare and prioritize your fuel supply needs in the event of an unforeseen natural disaster or emergency. This emergency planning effort plays an important role in operations running smoothly, keeping the citizens and your employees safe, and mitigating potential hazards.

Plan

Fleet managers must have a plan in place to ensure that emergency response vehicles and equipment are fully operational. A backup fuel plan may include agreements with a fuel supplier, retail station or other public agencies, or with rental equipment companies. If a hurricane or snow storm is eminent, plan ahead to fill the fuel tanks with available fuel supply. A bestmanagement practice is to have a policy that on a daily basis the vehicles and equipment shall be on a keep-fill basis and not let the fuel tank go below half full. This is considered a “mini-fuel” supply. Having a mobile fuel truck with a 100-gallon fuel tank and dispenser may provide a quicker alternative for supplying fuel to the equipment. Fleet managers take a calculated risk to balance the volatile cost of fuel with the fiscal responsibility of managing the fuel budget. In Ventura, Calif., the reorder level is when the onsite underground fuel tank level is below half to get the best truck and trailer delivery price. However, this

14 / May 2014

could be risky if there is an emergency or disaster. This is why Ventura has a contingency plan with the fuel supply contractor so that the levels of fuel meet the needs of the agency on a daily basis and at a moment’s notice during emergencies. The following contractual requirements are included in fuel purchasing contracts for fuel supplies during an emergency: “In the event of a natural or man-made disaster, operations for the city and the contractor may be impacted. In the event of a declared emergency or natural disaster, fuel supplier contractor shall provide fuel as a high priority to meet the needs of the city’s first responders for emergency response and public health and safety.” The criteria considered for the selection of the fuel supplier was based on location to the city, contractor’s facility with onsite fuel supply in underground tanks quantities for each fuel type, size of fleet truck and trailers, tank wagons equipped with wet hose, after-hours emergency phone and communication plan. The supplier offers 500-gallon, skid-mounted fuel tanks and dispensers that can be The Missouri Municipal Review

delivered onsite for fuel distribution. In the event of a power outage at the fuel supplier facility, vehicles have the capability to pump fuel out of an underground tank and into a vehicle or mobile tank, as well as a backup generator power. The supplier must have a large supply network and a contingency plan for fuel supply to be delivered into the area. In California, having suppliers from both the north and south is beneficial because depending on accessibility of roadways, there may not be a clear route if damage resulted from fire, flood or an earthquake. Milwaukee has an aggressive program to make sure there is ample and viable fuel at all times, but especially for the winter season. The City has a provision in their fuel contracts that requires routine and emergency fuel deliveries to be made within six hours of receiving a request. Regular contact information is provided by the fuel vendors, along with emergency contacts and phone numbers. In addition, the condition of the fuel in all underground storage tanks is checked during August, with emphasis on looking for moisture and evidence of bacteria. Problems found are treated early to ensure a healthy supply of fuel for when the temperatures drop. Users of biodiesel especially need to be aware of a higher susceptibility to moisture with biofuels versus petroleum fuels. Special treatments made for use with biodiesel are available. The fuel vendor should be made responsible to ensure that diesel fuel flows in the coldest weather. Milwaukee requires their fuel supplier to adjust the level of additives throughout the cold www.mocities.com

months as needed to make sure diesel maintains a cold filter plug point (CFPP) of -30 degrees F, +/- 4 degrees F. Having viable fuel in the underground tanks is important, but safeguards must also be in place to allow the fuel to be pumped in cases of an emergency such as widespread power loss. If there is an auxiliary generator for the shop, it should be wired to provide priority power to the fueling pumps, in addition to the basic shop needs. An electrical hook-up point can be installed that would allow a trailer-mounted power source to be spliced into the pump wiring, if needed. If the fleet operation has a fuel truck, the on-board fuel pump system may be configured to pull fuel directly from the in-ground tanks, for distribution directly to the hose or from the truckmounted storage tank.

Prepare

Proper planning and preparation by the fleet manager helps resume operations rapidly during and after the disaster or emergency event. Fleet managers must be prepared, especially if they rely on private retail stations or fuel card systems. Preparation, welltrained staff and communication are important aspects for fleets to respond to emergencies. Fleet managers must build relationships with each other to offer assistance or resources if needed. If fleet managers meet quarterly within their region, they can discuss many fleet issues including coordination of mutual aid plans. Building a relationship with the fuel supplier builds trust to ensure the fuel supplier will deliver and arrive when the demand for fuel is critical. This builds public trust to ensure the fleet is prepared.

It is important to know the potential fuel needs of the agency to include vehicles, equipment and backup generators. Measure the amount of diesel fuel that generators burn when they are operating at an assumed full load for 24 hours a day. In an exercise with the water department, the amount of fuel consumption was calculated at 10,000 gallons per day for all the generators at critical sites. That is the same capacity of the diesel underground fuel supply for a city, not including fire apparatus and public works equipment. This would be the worst case scenario, but it was good to evaluate the needs and be prepared for providing a sufficient fuel supply for extended running of equipment or a plan for refueling.

We can solve every problem on this list. Canoe?

Prioritize

During a natural disaster or emergency, the Emergency Operations Center (EOC) Action Plan should include a list of fuel suppliers and emergency generator vendors who can provide rental equipment or repair and maintenance services. There may be conflicting requirements for the fuel and it is critical that the incident commander or the EOC director prioritize the fuel supply needs during the event. Some operations may be shut down to focus on other restoration of other essential services. The priorities should be discussed at the beginning of each emergency shift so that the fleet is prepared to provide assistance to other departments and to anticipate any

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The Missouri Municipal Review

May 2014 / 15

fueling, maintenance or repair needs. Fleets can provide additional operators or deliver fuel from the mobile fuel trucks to the sites. Departments must

16 / May 2014

work together and not independently. During an emergency event, department lines within the organization become one, so that shared resources and expert ise help the recovery e f f o r t s . P l a n n i n g , preparing and prioritizing the fleet and fuel requirements during an emergency event will mitigate hazards and potential worse scenarios and assist the first responders. A P W A has a position statement, “Establishing a National Priority System for Fuel Supplies,” which may be used to support an emergency

The Missouri Municipal Review

fuel supply plan in your agency. This document provides background on the issue and offers recommendations for providing fuel for essential public needs. It is available at http://www.apwa. net/be_involved/Be-an-Advocate, subtopic “Advocacy Priorities and Positions.” Mary Joyce Ivers, CPFP, PWLF, fleet and facilities manager, city of Ventura, California, and Chair, APWA Fleet Services Committee; Jeffrey A. Tews, CPFP, fleet operations manager, city of Milwaukee, Wisconsin, and member, APWA Fleet Services Committee. Mary Joyce Ivers can be reached at (805) 652-4539 or mjivers@ ci.lventura.ca.us. Jeffrey A. Tews can be reached at (414) 286-2459 or Jeffrey.tews@milwaukee. gov.

This article was first published in the APWA Reporter, January 2014 issue, and was reprinted with permission.

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Missouri Municipal League Elected Officials Training Conference Holiday Inn Executive Center, Columbia June 12-13, 2014 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 12, 2014 9:00 a.m. Registration 10:00 a.m. Welcome 10:05 a.m. Overview of Municipal Government –Allen Garner, Attorney, Allen Garner Law, LLC. 11:00 a.m. Conducting City Business – Pam Fellin, Attorney, Lauber Municipal Law 12:00 noon Lunch 1:00 p.m. Budgets – Mark Levin, City Manager, Maryland Heights 2:15 p.m. Break 2:30 p.m. Why Everything Rises or Falls with Leadership –Mike Mowery, Director of Leadership Development, SGR 3:30 p.m. Break 3:40 p.m. Funding Municipal Improvements –Erick Creach, Attorney, Gilmore and Bell 4:45 p.m. Adjourn 5:30 p.m. Reception Friday, June 13, 2014 7:00 a.m. Breakfast Buffet 8:00 a.m. Sunshine Law – Tom Durkin, Public Education Director, Attorney General’s Office 9:15 a.m. Break 9:30 a.m. Ethics – Joe Lauber, Lauber Municipal Law 10:25 a.m. Break 10:35 a.m. Liability and Risk – Christine Bushyhead, Partner, MKL, P.C. 11:30 a.m. MML Website and Services 12:00 noon Conference Adjourned Lunch On Your Own 1:30 p.m. MGI / Workshop –Open to EOT Attendees Planning and Zoning – Dan Lang, City Administrator, Bowling Green 2:30 p.m. Economic Development – Mark Spykerman, Attorney, Gilmore and Bell Hotel: This year’s Conference will be held at the Holiday Inn Executive Center in Columbia. Please make room reservations by calling the hotel at 1-800-HOLIDAY, and mentioning the MLE group block for the special conference rate of $95 (tax not included). Registration Fee: $130 per person; includes lunch, reception, breakfast, conference materials, and MGI workshops on Friday afternoon. All registrations must 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 the invoice to submit with your payment. • Cancellations must be received at League headquarters by 5 pm, June 6, or it will be necessary to bill you.

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The Missouri Municipal Review

May 2014 / 17

VISIT MISSOURI TRAILS by Jan Neitzert

n April of 2013, Missouri was named the “Best Trails State” by American Trails (AT), an independent trails advocacy organization. AT recognized the state’s commitment to the development, preservation, diversity and responsible utilization when making its selection for this two-year award. Shortly thereafter, Gov. Jeremiah (Jay) Nixon launched a celebratory initiative: 100 Missouri Miles. In under seven months, more than 13,000 Missourians logged more than 1.2 million miles on Missouri’s trails — land and water – walking, biking, paddling or on horseback! What a tremendous accomplishment, enjoying Missouri’s community connections, drinking in our natural beauty and improving health at the same time! On March 19, Gov. Nixon and First Lady Georganne Nixon announced year two of the 100 Missouri – Miles Challenge, addressing a group a t R o c k B r i d g e M e m o r i a l Photo courtesy of Missouri State Parks. State Park, followed by a 1.3mile hike! To hear what the active and have fun. However, many Governor and First Lady had to say, visit http://bit.ly/1hoSMdW for a miles of trails are found within the boundaries of city, county and regional video of the event. Missouri’s state parks, national park departments and districts. Making parks and national forests boast a sure these resources are kept accessible wealth of wonderful opportunities to and safe are huge responsibilities. It was in 2010 at the Missouri immerse yourself in nature – providing Municipal League’s Annual Conference a wide variety of ways to be physically

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BENEFITS:

that attendees first heard about the Missouri Trail Alliance – group of passionate trail enthusiasts desiring to capitalize on the tremendous breadth and depth of our trail opportunities. This group of trail users and managers saw the potential for the country, and the world, to find out about Missouri’s trails in order to better enjoy them. Over the past three years, with contributions from a number of partner organizations, the Alliance has been working to establish a web-based resource that will be a “one stop shop” for trail users looking for a specific type of experience. Whether an equestrian, mountain-biker, bird-watcher, marathoner-in-training or just a casual walker — it’s all out there! This website, launched Spring 2014, exhibits the ground floor of this amazing resource— searchable by all the criteria mentioned above and much more. As more agencies and organizations upload their data, it will grow to become the premier resource for those looking for a local activity or for those coming to America just to “hit the trails!” Looking for a trail that suits your schedule, your location, your ability? Look no further than www. visitmissouritrails.com! Jan Neitzert has served as the executive director of the Missouri Park & Recreation Association since 2008. MPRA’s offices are located in Jefferson City where they serve as an advocate and resource to parks and recreation departments throughout the state.

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

The Missouri Municipal Review

COVERAGE:

Workers’ Compensation Property General Liability Public Officials Liability Employment Practices Liability Law Enforcement Liability Automobile Boiler & Machinery Airport

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HAZARDOUS SUBSTANCE SITE LOCATOR The Missouri Department of Natural Resources (DNR) has released a new, web-based interactive map known as the Hazardous Substance Site Locator. The map includes information on sites overseen by the Hazardous Waste Program, including Superfund, Federal Facilities, Resource Conservation and Recovery Act Corrective Action, and Brownfields/Voluntary Cleanup Program sites. The website, https://www.dnr.mo.gov/molts/, features an interactive map viewer with individual site status summaries from department databases with links to important documents. The website also includes the ability to download the map data layers that local governments can use in their own permitting and planning efforts. These layers are updated monthly and are free. Many contaminated sites go through risk-based remediation, which means the site is cleaned up to a level sufficient for its likely future use. Such cleanups may include physical controls like barriers and caps, or restrictions on future uses of the property. These sites need long-term stewardship to ensure the property is used appropriately and physical controls are maintained. The effort to ensure these sites are properly managed works best when local partners are engaged. The city of Springfield worked with the DNR in 2011 on a pilot project to incorporate hazardous substance data into its building permit review process. The City downloaded department data and incorporated it into the City’s mapping system. Along with other routine checks performed, an environmental site item was added to the City’s building permit checklist. If a building permit was requested for a property that contained environmental restrictions, the City both notified the department and requested that the developer contact DNR to ensure that the activities proposed would not expose construction workers, future occupants or others to contaminants. DNR encourages communities to make use of this data. For more information, contact DNR’s Long-Term Stewardship Unit at 573-526-8913. Staff from the unit is available to provide presentations to large or small groups on the system and how local governments can work with DNR to help ensure property is used safely in your community. DNR has established a survey at https://www.surveymonkey.com/s/ modnrltsmap to obtain feedback regarding the system. 

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The Missouri Municipal Review

May 2014 / 19

A DAY IN THE LIFE ...

In 2014, The MML Review is featuring insights from local government officials across the state in the series, "A Day In The Life." In this issue, The Review asked several Missouri Public Works Directors to share what inspired them to serve in their community and other questions to provide a glimpse into their role as city leaders. Greg Hayes, City Engineer, City of Fulton David Miller, City Engineer / Director of Public Works, City of Branson John Zimmerman, Assistant Director of Public Works, City of St. Charles Jody Carlson, Director of Public Works and Transportation, City of St. Joseph

What sparked your interest in local government?

conditions (cold/heat/rain/snow) to serve the City’s residents.

What public works project have you most enjoyed?

Hayes: Serving the people to give them a better place to live and raise a family.

Carlson: I love that we are a mixed group of people that are simply living out our lives together. I love that we all have our differences, but it’s our similarities that motivates, encourages and brings us together. I also value the fact that we have a rich heritage and vibrant future ahead of us.

Hayes: Although I know the most important jobs are completed underground, it’s those projects like water towers and roadway improvement projects that you can see and say, “Hey, I had a part in that.”

Miller: By working for a local government, the harder I work, the more it helps to better the lives of my friends and neighbors. In private practice, the harder I work may only increase the profits of the entity that owns the firm. Zimmerman: The opportunity to be able to help people in the community I work, be it through implementation of winter and emergency weather operations (snow/ floods/tornadoes/etc.) or maintaining essential municipal infrastructure (sanitary and storm sewer systems/potable water system/roadways/etc.) that is critical to public health and safety.

What do you love about your community? Miller: It is a friendly, safe and caring community with a great deal of patriotism. The health of the environment is important to everyone and there is a community-wide culture of “family,” fun and the need to work together to improve the city. Zimmerman: The people. The residents of St. Charles are wonderful and very appreciative of the efforts the public works (department) puts forth; the elected officials who support the capital improvement programs to maintain the City’s infrastructure; and last but not least the city employees who are the lifeblood of public works — the dedicated men and women who work tirelessly day in day out, sometimes with little or no sleep, and under extremely difficult physical

20 / May 2014

What do you enjoy most about managing public works in your city? Hayes: It has to be the overall diversity of the job. Since we own and manage all of our utilities you never know exactly what challenges the day will bring. One minute you might be talking about a sanitary sewer project, the next you’ll be leading discussion on the street overlay program and then before the day is done you’ll open the bids to demolish an old city-owned structure. There is never a dull day. Zimmerman: Change is integral to managing public works; each day brings new and exciting challenges – be it related to major infrastructure undertakings, weather- and climate-related events and environmental, social or other topical issues of the day that affect the lives of people. I also enjoy the opportunity to work with a great group of people, in and out of City Hall, who are devoted to finding innovative solutions and dedicated to improving the lives of residents. Carlson: I truly enjoy getting to know and work with so many of the community leaders. Our community has some great leaders within it that work to make positive improvements daily as well as for the generations to come. The Missouri Municipal Review

Miller: The redevelopment of the City’s downtown area to create a shopping/ entertainment/lifestyle center that has become a major destination for people. Nearly 100 percent of the existing infrastructure was removed and reconstructed on an accelerated schedule. Zimmerman: One of the most challenging projects though has been managing the current structural rehabilitation of the City Hall parking structure. As part of this effort, the City undertook an extensive four-month public involvement process to engage residents, the business community, city/county/state and private employees, and elected officials to evaluate options to mitigate or offset the loss of approximately 400 parking spaces in the congested downtown business district and government complex. The recommended plan implemented closing the parking structure entirely during construction, relocating public parking for the estimated six-month construction period to a remote site; engaging a private transit service to provide transportation seven days a week to and from the remote site to the downtown business district and government complex; and developing additional contingencies for special event parking, holiday festivals, and if the remote site were to become inundated due to Missouri River flooding.

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MISSOURI PUBLIC WORKS DIRECTORS

Carlson: We have almost completed the largest (financial) project in the history of St. Joseph. It is a stormwater separation project in the combined sewer portion of our City. However, we just now are undertaking the “new” largest (financial) project in the history of the City that will construct a new ammonia removal facility, biosolids dryer, grit removal system and other smaller combined projects at our Water Protection Facility. On the heels of these two projects will come yet another project that could be twice the cost of these two projects. This “newest” project will involve separating storm water via a large lengthy tunnel, as well as constructing additional flood control measures through wet detention storage areas, roadway realignments, and the potential for several above ground amenities to make a great improvement for our community. These are all very important projects for today and many generations to come.

What challenges do you face in your position? Hayes: Funding. Like most communities, the City has so many needs, but only so many funds available. It’s hard to tell someone that the project in their neighborhood isn’t as important or valuable to the overall community as someone else’s (project). Zimmerman: Succession planning – with each passing day the City’s workforce ages and it becomes increasingly apparent how important it is to institutionalize individual knowledge and experience of key employees before they retire. As important, if not more, is developing the skills and preparing younger employees to be able to step into leadership roles. In today’s economy it is no surprise that budgets continue to shrink or at best remain static, yet public infrastructure needs continue to grow. There is intense pressure to do more with fewer resources to extend the life of critical infrastructure. In recent years the focus has become how to implement new technologies and work smarter, empower employees to increase productivity and develop equipment and vehicle replacement strategies to optimize budgetary constraints. Carlson: One of the biggest hurdles often times is to get people to think long term. We all prefer immediate gratification; however, most things in life that have lasting value www.mocities.com

require a significant investment of energy and time to develop and implement.

What advice would you give to a new public works director, or someone considering the field? Hayes: Do not make any rash decisions, make sure you have plenty of supporting information, be flexible, make sure you have evaluated the entire situation and don’t be afraid to go big. However, the number one rule is “Do it right the first time!” Miller: The mandated and required procedures to implement nearly every project add significant time and complexity to every assignment. In many instances, what would be a simple construction project for a private company can take weeks of time to follow all the essential processes for bidding, bid awards, contract documents, etc. – and every step must be completed without error. Zimmerman: It is no longer sufficient to only be technically competent, in today’s political environment you must also be able to think strategically and be able to communicate concepts to key stakeholders (elected officials, residents, business groups, employees, etc.) in order to gain consensus for critical initiatives.

When you were a child, what did you want to be when you grew up? Hayes: I had no idea, so I went with what came easy and that was math. It’s my guardian personality that directed me towards the public works sector. Miller: A forest ranger. Zimmerman: When I was 4 or 5 (years old) I went back and forth between wanting to be a cowboy or a superhero; by 5th or 6th grade I set aside my childhood aspirations and decided to become a civil engineer like my father. Carlson: I wanted to be an astronaut or build houses. Unfortunately, growing up in asmall, rural Missouri town, there weren’t any astronaut internships nearby, so I ended up carrying lumber and learning how to build houses! My dad would tell me often, “son, there isn’t anything that you and I can tear up so bad that somebody, somewhere can’t put it back together.” So we would

The Missouri Municipal Review

tear into things … and invariably we would get them put back together (ok … maybe a few extra nuts and bolts left over!) I believe it was that mindset from my father, and my love for constructing things that pushed me into the engineering field.

Most people would be surprised to learn ... Miller: The amount of traveling I have done around the Unites States. From the time I was a child, my family took five-week-long summer trips in the RV and I have continued to take my family on many long vacations every summer. I have been to every state and nearly every national park and historic site and most larger metropolitan areas. Zimmerman: My wife is a musician with the St. Louis Symphony. Carlson: I am still an adrenaline junkie. I love to ride my motocross motorcycle and absolutely love pushing speed to the limit in various applications. However, I also find bow hunting and running very therapeutic, although with six children, the frequency of those priorities is purposely pushed down on the list right now!

To what location would you most like to travel, and why? Hayes: Perth, Australia. My foreign exchange student from high school lives there. He has come back to the USA plenty of times. I would really like to visit him sometime. Miller: I have never been to Europe and believe it would be interesting to travel in Germany and Belgium, especially in Oktoberfest. Zimmerman: That is a challenging question, so many places so little time – but if pushed: Israel, the Mideast, and Italy — to retrace the steps of Jesus and the Apostle Paul, study religious artifacts, buildings, and infrastructure that to this day still function; Alaska — the grandeur and majesty of the glaciers, mountains, wildlife, one of the great wilderness frontiers. Carlson: I have been blessed to travel to over 20 countries outside of the U.S., Canada and Mexico. However, I have not been as far east as China. I would love to see the Great Wall and what stood as a divider from others for so many centuries. May 2014 / 21

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FARMINGTON RESIDENT INSPIRES HER COMMUNITY THROUGH LIBRARY SERVICE At the age of 95, Millie Eaton, who has lived in the Farmington, Mo., area all of her life, has learned a few things about what it means to be a part of a community. Her titles over her life include being a wife, mother of six, (along with grandmother, great-grandmother, and great-greatgrandmother), former full-time employee, business owner and avid reader. She grew up as one of 11 children, and knows the value of family and working hard. Eaton only recently retired as an employee at the Farmington Public Library. Her remarkable memory was often relied upon for book and material searches, and she seems to know exactly where each book is shelved. “Reading has always been very important to me,” says Eaton. “I can’t remember when I didn’t like to read.” As a child, keeping up with a reading habit was more of a struggle. Growing up in a small town outside of Farmington and attending a small school, she had limited access to books. Still, her love of reading and her thirst for knowledge never stopped. Today, her access to reading material has changed quite a bit – Eaton now reads many of her books on an e-reader. She notes that her Kindle has been especially useful for reading in larger print. Her current favorites include murder mysteries and authors John Grisham or Tom Lowe. Karen Roman, Farmington librarian, says Eaton is an icon for library patrons. “People will ask about her if she’s not here,” says Roman. “She devours books, can remember every book she has read, and is constantly recommending new authors.” While she is gifted with a remarkable knowledge of books, Eaton shares that the library has been a blessing for her as well. It provides her with an interesting way to be active in her community along with some extra income. “The library has given me more than I can ever give it,” she says. In addition to reading, Eaton is a strong baseball fan, cheering for the St. Louis Cardinals, as well as her greatgranddaughter’s softball team. Until recently, she also ran a resale shop in Farmington. She sold it last year. “I always knew I would stop once it stopped being fun,” said Eaton. Eaton has some tips for staying so active and staying upbeat. “Stay busy at something, get interested in something, volunteer,” she says. “Retain a positive attitude.”

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The Missouri Municipal Review

May 2014 / 23

WHY BELONG TO NLC? The NATIONAL LEAGUE of CITIES is THE voice for municipalities of all sizes in Washington, DC, as well as THE resource for local leaders and city staff to find solutions to the most pressing challenges in their communities.

Did you know…? See for yourself what it’s all about! Have your city join today and begin the NLC experience!

NLC shares a close relationship with the 49 state municipal leagues. It was originally formed by a core group of state leagues to ensure representation in Washington for local governments. NLC still counts all of the 49 state leagues as voting members, and cities are required to belong to their state league prior to joining NLC. Cities who are members of the National League of Cities enjoy distinct benefits from those afforded by membership in the state municipal leagues, including: • Representation and advocacy on the federal level, • A vast pool of geographically diverse members to connect with,

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• Its own unique set of solutions and programs designed to save your city and residents time and money, and • Abundant NLC resources, publications, and technical assistance to help your city navigate the most difficult local government challenges.

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The Missouri Municipal Review

May 2014 / 25

A LOOK BACK: MML CELEBRATES 80 YEARS IN 2014

Photos (l-r): MML Review Cover from 1937, featuring the Annual Conference; Regional Division II Meeting, February 1969; Gov. Christopher S. Bond speaks at the 5th Annual MML Legislative Conference in 1975.

26 / May 2014

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May 2014 / 27

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(Current Moodle users will need to create a new username & password to access the LMS upon renewal) Interested in signing up your employees to access online training? Contact Krisa@GovernmentResource.com for more details! www.GovernmentResource.com/pages/MMLlms 28 / May 2014

The Missouri Municipal Review

www.mocities.com

NEWS FROM THE BENCH by Kenneth J. Heinz

SUPREME COURT CHANGES EMPLOYMENT LAW IN THE MIDDLE OF A TRIAL

ver my 40 years of trying cases, I have had a number of interesting challenges present themselves. However, in defending a city during a recent circuit court jury trial on a retaliatory discharge claim, I was confronted with something entirely new. The claim for retaliatory discharge was tried and evidence completed on the basis of the existing law, namely that retaliation for the filing of a complaint had to be the “exclusive” reason for the employee’s discharge in order for the plaintiff to prevail. Jury instructions were prepared based upon the existing law. Just before submitting the case to the jury, the former employee’s attorney informed both myself and the judge that the Supreme Court had recently issued an opinion the day before, on April 15, 2014, in the case of Templemire v. W. & M. Welding, Inc. (SC93132). While the jury waited, the judge and attorneys raced through the 36-page opinion on their tablets. In a 5-2 decision, the Supreme Court reversed its prior decisions on retaliatory discharge cases. The key issue involved was whether

the discharge was in retaliation for the filings of workers’ compensation claims. The same principles could be applicable to cases involving alleged retaliation for complaints with the Equal Employment Opportunity Commission (EEOC) or the Missouri Human Rights Commission. In Templemire, the Court changed the law to be that the filing of a workers’ compensation claim only needs to be a “contributing factor” leading to the discharge of an employee. This is a major difference because a jury can find for the employee if the fact finder determines that the prior complaint was even a minor contributing factor, perhaps as little as 1 percent, to the discrimination or the discharge. Fortunately, despite the substantial reversal and a flurry of changed jury instructions, the jury still ruled in favor of our client. More than simply being a case anecdote, it is important for city officials to consider the effect of this change in the law. In retaliatory discharge cases, whether they relate to EEOC, Missouri Human Rights Commission or workers’ compensation claims, the jury need only find that retaliation

was a “contributing factor” and not the “exclusive” reason for an employee’s discharge. The Supreme Court rejected the employer’s plea to at least require a “motivating factor” test to avoid marginally competent employees from filing “the pettiest of claims in an effort to avoid a valid termination.” (The decision is not yet final and could be subject to legislative action.) It is now even more important for municipal employers, from the very early stages, to respond to such complaints carefully and in accordance with the law as interpreted by the Supreme Court in the Templemire case. Human resource officers and attorneys need to be clear in their advice that there should be no evidence of retaliation for those with such prior complaints. Kenneth J. Heinz is a principal with Curtis, Heinz, Garrett & O'Keefe, P.C. He serves as general counsel for several communities. Heinz has been active as special counsel to many municipalities in Missouri and Illinois on municipal issues. He has delivered seminars to many public and private groups at the local and state level on municipal issues, such as municipal contracts, zoning, and sunshine law. Contact the firm at (314) 725-8788 or www.chgolaw.net.

SAVE THE DATE! FUTURE MML ANNUAL CONFERENCES 2014: Sept. 14-17, 2014, St. Charles Convention Center, St. Charles 2015: Sept. 20-23, Sheraton Hotel at the Crown Center, Kansas City 2016: Sept. 11-14, St. Louis Union Station, St. Louis

www.mocities.com

The Missouri Municipal Review

May 2014 / 29

Member Accomplishments Outstanding City Clerk

At the recently held CCFOA Spring Institute, the Missouri City Clerks and Finance Officers Association selected Gayle Conrad as the Outstanding City Clerk of the year. Conrad serves as the city clerk for the city of Cape Girardeau. Congratulations Gayle!

Springfield Utilities Honored

The city utilities of the city of Springfield were honored recently for many years of partnership with the SpringfieldGreene County Park Board. The Board of Public Utilities received the Missouri Parks and Recreation Association's prestigious Citation Award. Parks Director Bob Belote nominated the city utilities for the award, noting long-term agreements for development of Lake Springfield Park, Valley Water Mill Park, Dan Kinney Park and several Ozark Greenways trails on city utilities property.

Five Cities Win APPA RP3 Award

Five Missouri cities earned the Reliable Public Power Provider (RP3) designation from the American Public Power Association for providing consumers with the highest degree of reliable and safe electric service. Congratulations to the cities of Fulton, Springfield, Independence, Marshall and Nixa!

Classifieds CITY ADMINISTRATOR. The City of Eldon, Mo., (4974 pop.), is accepting applications for the position of city administrator. Eldon is located in central Missouri, 12 miles north of the Lake of the Ozarks. The city administrator will be responsible for carrying out those duties described by the mayor and six-member board of aldermen. The ideal candidate will have a bachelor’s degree in public administration, or equivalent experience in the public sector. The successful candidate will have meaningful municipal government and finance experience and the ability to develop and oversee the 5.4M budget; must be an experienced professional with demonstrated communication, interpersonal and networking skills, as well as provide outstanding leadership; proven work ethic; excellent decision making aptitude; the ability to maintain 30 / May 2014

MML Calendar of Events May 13-15 21-23 26

Missouri Traffic & Safety Conference, Columbia, Mo. APWA Mid-America Conference & Exhibit Show, Overland Park, Kan. Memorial Day

June 12-13 17

2014 MML Elected Officials Training Conference, Columbia, Mo. Missouri's Digital Government Summit, Jefferson City, Mo.

July 29-31 18-20

Missouri Main Street Connection 2014 Get Plugged In Downtown Revitalization Conference, Clayton, Mo. MMAA Summer Seminar, Tan-Tar-A, Osage Beach, Mo.

September 1 3-5 14-17 14-17 15 30-Oct. 1

Labor Day Governor's Conference on Economic Development, Osage Beach, Mo. MML Annual Conference, St. Charles, Mo. ICMA Annual Conference, Charlotte/ Mecklenburg, North Carolina Financial Disclosure Ordinance Deadline Missouri Water and Wastewater Conference, Jefferson City, Mo.

October 8-10

Missouri Public Utility Alliance Annual Conference, Osage Beach, Mo.

For more events, visit the events calendar at www.mocities.com. the fiscal integrity of the organization; and be a person with a background in the field of economic development and grant preparation. The starting salary will be market competitive, depending on the qualifications and experience of the selected candidate. Residency is a requirement. Position will remain open until filled. Application review will begin immediately. All applications will be treated as confidential. Send cover letter, resume, references and salary history to: City of Eldon, Attn. Mayor Ronald Bly, PO Box 355, Eldon, MO. 65026 and notate City of Eldon City Administrator. It also may be faxed to 573-392-2291 attention Mayor Ronald Bly. CITY ADMINISTRATOR. The city of Richland, Mo., is currently accepting applications for the city administrator Qualifications: The city administrator shall be at least 25 years of age and shall be a graduate of an accredited university or college majoring in public or municipal administration or shall have The Missouri Municipal Review

the equivalent qualifications and five years’ experience in financial, administration and/or public relations fields. The city administrator is not required to live within the corporate limits of the City, but is urged to do so. This suggestion is intended to foster a greater interest and concern for the welfare of the community. Appointment: The city administrator shall be appointed by the mayor, with the consent and approval of a majority of the members of the board of aldermen. Position: The position of city administrator shall be a full-time position. City administrator shall not hold outside employment for remuneration except with the consent of the mayor and the board of aldermen. Position is open through 3:00 pm, June 6, 2014. Applications must be submitted in person at 204 E Washington Ave., or by US mail to City of Richland, Attn: Application/Resume, PO Box 798, 204 E. Washington Ave., Richland, MO, 65556. For more information call 573765-3532. The city of Richland is an Equal Opportunity Employer. www.mocities.com

www.mocities.com

The Missouri Municipal Review

May 2014 / 31