Nebraska Municipal Review, January 2024

NEBRASKA MUNICIPAL REVIEW Official Publication of the League of Nebraska Municipalities

City of Norfolk offers citizens a closer look at operations Kimball celebrates $180 million facility expansion project McCook recognized by national travel magazine

JANUARY 2024

NEBRASKA MUNICIPAL REVIEW

Contents JANUARY 2024 No. 1,185 ISSN 0028–1 9 0 6

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The President’s Message by Deb VanMatre, Gibbon Mayor, League President – Don’t miss the League Midwinter Conference to learn more about key legislative issues, the ‘EPIC Option,’ and topics ranging from AI to strategic planning

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Taking a glimpse inside - City of Norfolk offers citizens a closer look at operations

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Growing for the future: Clean Harbors, Kimball celebrate $180 million facility expansion project

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U.S. Department of Labor adopts final rule regarding independent contractor classifications under the Fair Labor Standards Act

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About the Cover: Stock image of the Nebraska State Capitol.

2024 Utilities and Public Works Annual Conference recap

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Bringing a vision to life: Unique public-private partnership addresses affordable housing in Omaha

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McCook recognized by national magazine for its arts, culture & food

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USDA Rural Development: USDA program helps improve rural healthcare access in Nebraska

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NLC - Drones: the new first responder tool

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Norfolk Fire awarded grant to expand drone technology

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Center for Rural Affairs: Communities facing environmental challenges may qualify for assistance

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LARM: LARM knows Nebraska

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Revitalize Rural Nebraska Grant application period open through Feb. 29

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The Legal Corner By Alison Janecek Borer, Cline Williams Wright Johnson & Oldfather, L.L.P. - Workforce Housing TIF: Updated Construction Cost Limits

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Professional Directory

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Ask LNM: Frequently Asked (municipal) Questions – Topic: public meetings

Larger Cities Legislative Committee Seth Sorensen, City Manager, Alliance Tobias Tempelmeyer, City Administrator/General Manager, Beatrice Rusty Hike, Mayor, Bellevue Jim Ristow, City Administrator, Bellevue Mindy Rump, Mayor, Blair Phil Green, City Administrator, Blair Desirae Solomon, City Attorney, Blair Miles Bannon, Council Member, Chadron Tom Menke, City Manager, Chadron Jim Bulkley, Mayor, Columbus Tara Vasicek, City Administrator, Columbus Dave Bauer, Mayor Crete Tom Ourada, City Administrator, Crete Joey Spellerberg, Mayor, Fremont Jody Sanders, City Administrator, Fremont Kent Ewing, Mayor, Gering Laura McAloon, City Administrator, Grand Island Mike Evans, Mayor, Gretna Paula Dennison, City Administrator, Gretna Corey Stutte, Mayor, Hastings Shawn Metcalf, City Administrator, Hastings James Liffrig, Mayor, Holdrege

Chris Rector, City Administrator, Holdrege Stan Clouse, Mayor, Kearney Brenda Jensen, City Manager, Kearney Doug Kindig, Mayor, La Vista Pam Buethe, Clerk, La Vista John Fagot, Mayor, Lexington Joe Pepplitsch, City Manager, Lexington Margaret Blatchford, Assistant City Attorney, Lincoln Amanda Barker, Advisor to the Mayor, Lincoln Linda Taylor, Mayor, McCook Nate Schneider, City Manager, McCook Bryan Bequette, Mayor, Nebraska City Perry Mader, City Administrator, Nebraska City Josh Moenning, Mayor, Norfolk Andrew Colvin, City Administrator, Norfolk Dani Myers-Noelle, City Attorney, Norfolk Brandon Kelliher, Mayor, North Platte Layne Groseth, City Admin./Utilities Manager, North Platte Steve Krajewski, Mayor, Ogallala Kevin Wilkins, City Manager, Ogallala Thomas Warren, Chief of Staff, Omaha David Black, Mayor, Papillion Amber Powers, City Administrator, Papillion

R. Paul Lambert, Mayor, Plattsmouth Emily Bausch, City Administrator, Plattsmouth Don Groesser, Mayor, Ralston Brian Kavanaugh, Council Member, Ralston Rick Hoppe, City Administrator, Ralston William De Roos, City Administrator, Schuyler Jeanne McKerrigan, Mayor, Scottsbluff Jordan Colwell,Vice Mayor, Scottsbluff Kevin Spencer, City Manager/Police Chief, Scottsbluff Joshua Eickmeier, Mayor, Seward Greg Butcher, City Administrator, Seward Roger Gallaway, Mayor, Sidney David Scott, City Manager, Sidney Carol Schuldt, Council Member, South Sioux City Lance Hedquist, City Administrator, South Sioux City Cale Giese, Mayor, Wayne Jill Brodersen, Council President, Wayne Wes Blecke, City Administrator, Wayne Barry Redfern, Mayor,York Dr. Sue Crawford, City Administrator,York

Smaller Cities Legislative Committee Jessica Quady, City Administrator, Ashland Marlin Seeman, Mayor, Aurora Eric Melcher, City Administrator, Aurora Chris Anderson, City Administrator, Central City Nikki Schwanz, City Administrator, Cozad Andrew Lee, Admin./Clerk/Treasurer, Curtis Alan Michl, Chairperson, Exeter Becky Erdkamp, Clerk/Treasurer, Exeter Kyle Svec, City Administrator, Geneva Deb VanMatre, Mayor, Gibbon Matt Smallcomb, City Administrator, Gibbon Gary Greer, City Administrator, Gothenburg

Douglas Huber, Mayor, Hebron Jana Tietjen, Clerk, Hebron Kelly Oelke, City Administrator, Hickman Janine K. Schmidt, CMC/Treasurer, Morrill Sandra Schendt, Clerk/Treasurer, Nelson David Russell, Director of Government Affairs, NMPP Energy Mandy Hansen, Government Affairs Liason, NMPP Energy Sandy Kruml, Clerk/Treasurer, Ord Benjamin Benton, City Administrator/Clerk, Randolph Mike Feeken, Council Member, St. Paul Nancy Bryan, Clerk/Treasurer, Stromsburg Sandra Foote, Council Member, Superior

Jeff Hofaker, City Administrator, Sutton Jessica Meyer, City Administrator, Syracuse Kyle Arganbright, Mayor,Valentine Melissa Harrell, City Administrator, Wahoo Desiree Soloman, City Attorney, Waterloo Stephanie Fisher, City Administrator, Waverly Tom Goulette, City Administrator/Utility Superintendent, West Point Randy Woldt, Utilities Superintendent, Wisner

Executive Board 2023-2024

President Deb VanMatre Mayor, Gibbon President-Elect Marlin Seeman Mayor, Aurora Vice President Bryan Bequette Mayor, Nebraska City Past President Paul Lambert Mayor, Plattsmouth

CALENDAR Midwinter Conference......................................................................................... Feb. 26-27, 2024, Cornhusker Marriott, Lincoln

Municipal Legal Calendar (All statute citations to Revised Statutes of Nebraska)

Directors

MARCH 2024

Jean Stothert Mayor, Omaha Leirion Gaylor Baird Mayor, Lincoln Julie A. Deepe Mayor, Deshler Catherine-Jo Mills Village Chair, Ansley Joey Spellerberg Mayor, Fremont Jordan Colwell Vice Mayor, Scottsbluff Josh Moenning Mayor, Norfolk Jeff Hofaker City Administrator, Sutton Janine K. Schmidt CMC/Treasurer, Morrill Layne Groseth City Administrator/Utilities Manager, North Platte

Affiliated Sections

City Managers Amber Powers Papillion Clerks Elizabeth Butler Omaha Municipal Brandi Kloepping Accounting Cozad & Finance Fire Chiefs Dennis Thompson North Platte Utilities Duane Hoffman Oxford

League Staff L. Lynn Rex

Executive Director

Christy Abraham Legal Counsel Lash Chaffin Utilities Section Director Cherie DeFreece Administrative Assistant/ Membership Services Assistant Brenda Henning Membership Services Assistant Ethan Nguyen LNM/LARM Information Technology Manager Rob Pierce Utilities Field Representative/ Training Coordinator Shirley Riley Membership Services Director Ashley Wolfe Marketing/Communications Director

CITIES OF THE FIRST CLASS Within 10 working days following meeting or before next meeting (whichever is sooner)..... Clerk to have minutes available for public inspection. (84-1413) Within 15 days of Passage ............ Clerk publishes ordinances passed. (16-405) Within 30 days following Council meeting............................... Clerk publishes official proceedings of meetings, including claims. (19-1102) Within 20 days after end of month............................................. Treasurer files monthly financial report. (16-318) Each Quarter.................................... Report from Depository banks due. (16-714) * *........................................................ Clerk must prepare agenda prior to next Council meeting. (84-1411) CITIES OF THE SECOND CLASS AND VILLAGES Within 10 working days following meeting or before next meeting (whichever is sooner) .... Clerk to have minutes available for public inspection. (84-1413) Within 15 days of Passage.............. Clerk publishes or posts ordinances passed. (17-613) Within 30 days following Council meeting............................... Clerk publishes official proceedings of meeting including claims. (19-1102) Within 20 days after end of month............................................. Treasurer files monthly financial report. (17-606) * * ....................................................... Clerk must prepare agenda prior to next Council meeting. (84-1411) VILLAGES Within 10 working days following meeting or before next meeting (whichever is sooner) .... Clerk to have minutes available for public inspection. (84-1413) Within 15 days of Passage.............. Clerk publishes or posts ordinances passed. (17-613) Within 30 days following Board meeting................................... Clerk publishes official proceedings of meeting, including claims. (19-1102) Within 20 days after end of month............................................. Treasurer files monthly financial report. (17-606) * *........................................................ Clerk must prepare agenda prior to next Board meeting. (84-1411)

LARM Staff

Dave Bos Executive Director Tracy Juranek Assistant Executive Director, Customer Service Specialist Diane Becker Communications/Marketing Director Kyla Brockevelt Executive Administrative Assistant Drew Cook Customer Service Specialist John Hobbs Loss Control Specialist James Kelley Loss Control Specialist Fred Wiebelhaus Loss Control/Claims Manager

Nebraska Municipal Review Editor and Advertising Sales: Ashley Wolfe, 402-476-2829 or ashleyw@lonm.org The NEBRASKA MUNICIPAL REVIEW is the official publication of the League of Nebraska Municipalities, an association of the cities and villages of Nebraska, published at 1335 L St., Lincoln, Nebraska 68508 — Telephone 402-476-2829; FAX 402-476-7052; Website: www.lonm.org. Periodicals postage paid at Lincoln, Nebraska. Views of contributors, solicited or unsolicited, are their own and not to be construed as having the endorsement of the League unless specifically and explicitly stated by the publisher.

The NEBRASKA MUNICIPAL REVIEW is a nonprofit publication administered and supervised by the League of Nebraska Municipalities. All revenue derived from the publication is used by the association to defray publication costs.

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POSTMASTER: Send address changes to NEBRASKA MUNICIPAL REVIEW, 1335 L Street, Lincoln, Nebraska 68508.

PRESIDENT’S MESSAGE

Don’t miss the League Midwinter Conference to learn more about key legislative issues, the ‘EPIC Option,’ and topics ranging from AI to strategic planning

BY DEB VANMATRE, MAYOR OF GIBBON, LEAGUE PRESIDENT

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lan now to attend our 2024 League Midwinter Conference scheduled for Feb. 26-27 at the Cornhusker Marriott. This will be another great opportunity to become better informed about key legislative issues, important developments, available grants, and a wide range of topics to assist in governing and shaping the future of our cities and villages. Conferences also are an excellent time to network and learn from each other! There is no need to “reinvent the wheel” when we can implement programs and ideas successfully initiated by other municipalities.

As League President, I look forward to welcoming Nebraska Attorney General Mike Hilgers who will open our conference by highlighting important cases, legislation, and work of the Nebraska Attorney General’s Office affecting municipal operations and public safety. I also am privileged to welcome former U.S. Senator Ben Nelson to give our keynote address during Monday’s luncheon on Feb. 26. Sen. Nelson represented the State of Nebraska in Congress from 2001 to 2013. He also served as Nebraska’s Governor from 1990 to 1998. The topic of his address is Understanding the “Art of Compromise” to Minimize the “Politics of Division.” Clearly, this topic is timely in light of the increasingly toxic political environment in which we are trying to govern in Nebraska and across the country.

One of the highlights of the Midwinter Conference always is the Senator Appreciation Luncheon on Feb. 27. Thanks to Speaker John Arch of District 14 who will visit with us about key legislative issues and introduce his colleagues in attendance at the luncheon. We encourage municipal officials to sit with their State Senator during this luncheon.

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Plan to learn more about the “EPIC Option” in order to educate yourself and others.

There will be a general assembly session on Feb. 26 about the consequences of enacting the “EPIC Option” to “Eliminate Property, Income and Corporate” (EPIC) Taxes. This session will be presented by Korby Gilbertson, a partner in Radcliffe Gilbertson & Brady, and Dylan Grundman O’Neill, Senior Policy Analyst with the Institute on Taxation and Economic Policy.

In order to educate other municipal officials and citizens, it is critically important to educate ourselves about the affects of enacting the “EPIC Option.” I hope you also take time to attend one of the two panel discussions about the “EPIC Option” with Jeff Hofaker, City Administrator of Sutton; Melissa Harrell, City Administrator of Wahoo; and Layne Groseth, City Administrator of North Platte. A special thanks to Jeff Hofaker, Past President of the Nebraska City/County Management Association (NCMA), for leading NCMA’s Subcommittee researching the effect of EPIC proposals on cities and villages.

The two proposed constitutional amendments being circulated across the state as “ballot questions” through the initiative process seeking the Elimination of Property, Income, and Corporate (EPIC) taxes would impose only a consumption tax to fund state and local governments. The “EPIC Option” also would take away local control over the budgeting process from political subdivisions as shown in the EPIC County Funding and Distribution Flowchart which the

NEBRASKA MUNICIPAL REVIEW

League published in the December 2023 Review. In the months ahead, the League will continue providing information regarding how the “EPIC Option” would affect municipalities, including the elimination of local option sales tax, highway trust fund dollars, taxincrement financing, etc.

Educational sessions will cover many important topics, from AI to strategic planning.

I look forward to attending one of the sessions on artificial intelligence presented by a representative from Google. As League President, I had the opportunity to attend an outstanding session on this topic at the NLC City Summit in Atlanta in 2023. Other sessions on social media policies, effective security measures, cybersecurity, and strategic planning will be

Former U.S. Senator & Nebraska Governor E. Benjamin Nelson

Nebraska Attorney General Mike Hilgers

Speaker John Arch

extremely helpful as we navigate the complex developments and issues needed to govern effectively.

During the Midwinter Conference, there are a couple of sessions highlighting the importance of preventative internal controls to safeguard municipal assets.

This session complements other information that will be provided throughout the conference about various grant opportunities, risk management strategies, and community partnerships.

I look forward to seeing you at the Midwinter Conference! 

LEAGUE OF NEBRASKA MUNICIPALITIES

MIDWINTER CONFERENCE FEB. 26-27, 2024 CORNHUSKER MARRIOTT HOTEL, LINCOLN, NE

JOIN US! REGISTRATION NOW LIVE!

JANUARY 2024

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Taking a glimpse inside City of Norfolk offers citizens a closer look at operations

BY NICK STEVENSON COMMUNICATIONS MANAGER, CITY OF NORFOLK

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hey’ve seen the city’s water filtration tanks, wandered through the back offices of the city’s IT department, and got an inside look at an ambulance. Norfolk 101: Citizens Academy has been underway since late September and allows local residents to delve into the inner workings of the city government, and gaining a behindthe-scenes look at the various city divisions that contribute to the community’s well-being.

Norfolk 101: Citizens Academy is more than just a program; it is a bridge that connects the government with its citizens, fostering transparency and understanding. The program’s primary objective is to educate residents about the city’s operations and functions while also empowering them to become more active, informed, and engaged community members.

Whether a person has lived in Norfolk all their life or recently moved here, Norfolk 101: Citizens Academy gives them a unique chance to see how city government works.

The heart of this unique program lies in its ability to offer participants an opportunity to meet the individuals who make the city run. Throughout the academy, residents are introduced to the diverse departments that keep Norfolk running smoothly. These departments include Economic Development, Housing Agency, Public Safety, Public Works, Parks and Recreation, and many more.

“This program offers an educational behind-the-scenes look at the operations of several city departments. It’s a great opportunity to learn more about your community, how it works, and how you can engage to help make it better,” said Norfolk Mayor Josh Moenning.

By allowing residents to interact with city officials, department heads,

Streets Division

Fire & Rescue

Water Pollution Control

Continued on page 7 / See Norfolk

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NEBRASKA MUNICIPAL REVIEW

Norfolk Continued from page 8

and employees, the program creates a platform for open dialogue.

Participants can ask questions, express concerns, and provide input.

This interaction not only fosters a better understanding of the city’s operations but also strengthens the bond between residents and their local government.

This enhanced understanding empowers them to become more informed and engaged citizens, as previous graduates now serve on some of the volunteer city boards.

Participants were recognized at the Nov. 6 Norfolk City Council meeting in a special graduation ceremony. 

Economic Development

“[This program is] a great opportunity to learn more about your community, how it works, and how you can engage to help make it better.”

Norfolk Mayor Josh Moenning

JANUARY 2024

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Growing FOR THE FUTURE

Construction on the Clean Harbors expansion project is expected to conclude by the end of 2024, with the new unit becoming fully operational in early 2025.

Photo provided by Clean Harbors

Clean Harbors, Kimball celebrate $180 million facility expansion project

BY FLETCHER HALFAKER SCOTTSBLUFF STAR-HERALD

Clean Harbors celebrated a milestone in the expansion of its Kimball waste disposal facility on Oct. 10 with a “topping-off ceremony.”

As described by Paul Whiting, Clean Harbors senior vice president of facility engineering, the topping-off ceremony is a construction tradition dating back as early as 700 C.E. The ceremony is held when the last structural beam or piece of steel is placed at the top of a building’s frame.

“It’s a testament to the hard work, dedication and collaboration of everyone involved,” Rebecca Underwood, president of facilities, said. “Today is not just about acknowledging a milestone. It’s really about instituting a brighter and more prosperous future for Kimball, Nebraska, Clean Harbors and, more importantly, for every individual touched by our efforts.”

As part of the ceremony, attendees were asked to sign their names on the beam before it was hoisted and 8

Paul Whiting, Clean Harbors senior vice president of facility engineering, adds his signature to the last and highest bean of the company’s new incinerator structure. Photo by Fletcher Halfaker/ Star-Herald

secured in place. That beam also was adorned with an evergreen tree and American flag to symbolize good luck and a safe construction process.

Company co-CEO Eric Gerstenberg said that the $180 million expansion project at the Kimball facility marks the single largest construction investment Clean Harbors has ever made, further cementing its place in the fabric of the Kimball community.

“I’ve been with the company Clean Harbors for over 34 years, NEBRASKA MUNICIPAL REVIEW

Proposed lot plan for the Lighthouse Subdivision in Kimball. Clean Harbors has purchased a plot of land on which to build company housing for the skilled workers and families that the expansion will bring to the area.

Proposed site plan for 4-plex apartments. Plans provided by Clean Harbors/Baker & Associates

With the most recent expansion, Clean Harbors expects to create more than 200 new jobs in Kimball, bringing its total employment numbers to nearly 500. This will require an influx of job seekers and necessary housing–both issues that Clean Harbors is taking into consideration. Photo provided by Clean Harbors

and we’ve delivered many achievements throughout the years during that time,” Gerstenberg said. “It is rare that we get to celebrate an initiative as important as this one.”

The topping off ceremony took place 388 days after the placement of the first beam on Oct. 7, 2022.

Construction on the expansion project is expected to conclude by the end of 2024, with the new unit becoming fully operational in early 2025. In the process, Clean Harbors expects to create more than 200 new jobs in Kimball, bringing its total employment numbers to nearly 500.

Company officials expressed awareness that Kimball’s housing market cannot currently support such an influx of workers, nor are there that many job seekers who currently call the area home. To that end, the company has purchased a plot of land on which to build company housing for the skilled workers and families that the expansion will bring to the area.

“We’re not just going to construct houses, but build homes,” Gerstenberg said.

“We want to foster a sense of belonging and deeper roots within the community.”

MORE JOBS, MORE PEOPLE...

Navigating changing housing needs in Kimball

BY ASHLEY WOLFE MARKETING/COMMUNICATION DIRECTOR, LNM

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ith the expansion of Clean Harbors, the community of Kimball is facing a problem that many other municipalities across the state also face–a lack of housing for the workers they are hoping to recruit to the community.

Clean Harbors took a different approach and has purchased a plot of land to build company housing, along with a series of four-plex apartments. The idea, according to Paul Whiting, senior vice president of facilities engineering, is to build homes that people want to move into and stay.

“We want to attract 250 new employees to Kimball and in order to do that we need to invest in the community,” Whiting said. 

Continued on page 10 / See Kimball

JANUARY 2024

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U.S. Department of Labor adopts final rule regarding independent contractor classifications under the Fair Labor Standards Act On Jan. 9, 2024, the U.S. Department of Labor (“DOL”) 2. Investments by the worker and potential employer: whether any investments by the worker are capital or announced a final rule, Employee or Independent entrepreneurial in nature.

Contractor Classification Under the Fair Labor Standards 3.

Degree of permanence of the work relationship: Act, that provides guidance on whether a worker is an whether the work relationship is indefinite in duration, employee or independent contractor under the Fair Labor continuous, or exclusive of work for other employers.

Standards Act (“FLSA”). The DOL's final rule is set to 4.

Nature and degree of control: whether the employer take effect on March 11, 2024, and it attempts to align has control over the worker's work and the economic DOL guidance with judicial precedent by returning to a aspects of the working relationship. totality-of-the circumstances analysis.

5.

Extent to which the work performed is an integral Under this analysis, no factor has predetermined weight part of the employer’s business: whether the work in assessing a worker’s economic dependence. The performed is an integral part of the employer’s business. new rule also identifies six factors to be considered in 6.

Skill and initiative: whether the worker uses specialized determining whether a worker is properly classified as skills to perform the work, and whether those skills an employee or independent contractor: contributed to business-like initiative.

1. Opportunity for profit or loss depending on managerial skill: whether the worker has For more information on the DOL's final rule, please opportunities for profit or loss based on managerial see: DOL Adopts Final Rule Regarding Independent skill that affect the worker’s economic success or Contractor Classifications Under the Fair Labor Standards Act.  failure in performing the work.

Kimball Continued from page 9

Clean Harbors has been active in the Kimball area since buying out an existing plant from Amoco in 1995. It is the largest waste disposal company in North America with over 100 facilities, 700 service locations, and 20,000 employees nationwide.

After the completion of the expansion project, Clean Harbors expects to pay more than $12 million in employee payroll and benefits in the Kimball area alone in addition to several million more in local and regional supplies and labor, officials told the Star-Herald. 

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More info!

Expansion? What does the addition at Clean Harbors do?

The expansion in Kimball is a Rotary Kiln hazardous waste incineration plant. It is an add on train to the existing plant. It operates at between 1500 and 2200 degrees Fahrenheit and turns waste chemicals from industry which cannot be recycled into inert ash. Additionally, the unit may destroy outdated pharmaceutical goods and off spec consumer products. The photo on page 9 of the Review shows the feed tower where waste is introduced into the horizontal rotary kiln then the tall structure contains a secondary combustion chamber at the left and a spray dryer absorber which is the start of the combustion gas cleaning system which is followed by baghouses for particulate removals acid gas scrubbing systems and a selective catalytic reduction unit that removes trace nitrous oxide before it exits the stack.

The stack has continuous emissions monitors to ensure compliance with the very stringent air regulations Clean Harbors operates under. 

NEBRASKA MUNICIPAL REVIEW

2024

UTILITIES AND PUBLIC WORKS Annual Conference

4.)

Although an impending snow storm forced a schedule change, the annual conference still offered many learning opportunities for attendees 1.)

2.)

James L. Persson

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hank you to everyone who, despite sub-zero temperatures and two blizzards, joined us for the 2024 League of Nebraska Municipalities Utilities/Public Works Section Annual Conference in Lincoln. The highlight of the Conference was the election of Duane Hoffman, Oxford Public Works Director, as the 2024 Utilities Section President.

Other officers elected include: • 1st Vice President Pat Heath, City Administrator of Gering • 2nd Vice President Gary Thurlow, Utility Superintendent of Atkinson • Board Member Sarah Sawin, Assistant Director of Utilities of Kearney • Board Member Matt Owens, Water & Wastewater Supervisor of Imperial • Board Member Jeramie Van Leer, Utility Superintendent of Ord • Ex Officio Layne Groseth, City Administrator/ Utilities Manager of North Platte The conference kicked off with an optional Preconference Seminar on Financing, Managing and Maintaining Municipal Utility Infrastructure in Today’s Crazy and Rapidly Changing World!!!

Thank you to all of the conference sponsors! * Core & Main * Cornhusker State Industries * Dutton-Lainson Company Evergy Energy Partners * Farris Engineering * HOA Solutions, Inc. Hydraulic Equipment Service Inc * JEO Consulting Group, Inc. JK Energy Consulting, LLC * Johnson Service Company * League Association of Risk Management (LARM) * League Insurance Government Health Team (LIGHT) * Lincoln Winwater * Maguire * Midwest Electric Transformer Services, Inc. * Miller & Associates Consulting Engineers, P.C. * NMPP Energy Nebraska Public Power District * Olsson RJN Group, Inc. * Rose Equipment * Viking Industrial Painting WESCO

* Denotes a display table

Continued on page 30 / See Utility

3.)

Photos 1, 3, 4: Vendors shared information about their company services with Utilities and Public Works Conference attendees.

Photo 2: Attendees listen as Tara Stingley presents on the topic of effective employee evaluations. Photos by Ashley Wolfe

JANUARY 2024

Brian Bohnsack

Tara Stingley

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This rendering provided by Habitat for Humanity Omaha helps illustrate what the Bluestem Prairie neighborhood will look like upon completion. The development will afford opportunities to families and individuals who otherwise may not be able to qualify for homeownership and brings new life to a neighborhood that was previously an eyesore in North Omaha. Rendering shared courtesy of Habitat for Humanity of Omaha.

Bringing a vision to life

Unique public-private partnership addresses affordable housing in Omaha

BY ASHLEY WOLFE, MARKETING & COMMUNICATION DIRECTOR, LNM

T

he City of Omaha and Habitat for Humanity of Omaha are teaming up— and breathing new life and use into a once-vacant area in North Omaha.

The development of a $25 million neighborhood aimed at providing affordable housing opportunities is underway on a site most recently occupied by Wintergreen Apartments. The development which was developed in the 1970s and initially called Myott Park Housing Complex was envisioned as a large public housing complex focused on the idea of community living. Unfortunately, the vision did not equate to reality and the project flopped.

After a long history, riddled with landlord neglect and an increase in crime, the units were condemned and eventually torn down in 2006. The lot sat empty and unused until 2022. Now the 15 acres 12

James Wright, District Director for Congressman Don Bacon; Amanda Brewer, Habitat for Humanity of Omaha CEO; and Matt Kalcevich, Director for the City of Omaha Parks & Recreation, brave the rain to celebrate the groundbreaking for Myott Park. Photo courtesy of Habitat for Humanity of Omaha.

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are being transformed into Bluestem Prairie neighborhood, thanks to Habitat for Humanity of Omaha.

The neighborhood is scheduled to be completed in 2025.

Working closely with the City of Omaha, Habitat purchased the property for a mere $1. But the development price tag is much higher because the needs for the area include not only home construction cost, but also infrastructure needs—such as street development, sewer and power installation, in addition to the development of a community park.

The new neighborhood is designed to draw families of various sizes, composition, and income levels. Upon completion, there will be a variety of home layouts available—including a series of easy to access villas targeting empty nesters. Some of the larger homes also will include accessory units, or mother-in-law quarters, to allow elderly relatives to “age in place” with their family. At this point, the first of 85 homes have been completed and families have moved in.

The Bluestem project will afford opportunities to families and individuals who otherwise may not be able to quality for homeownership on the traditional route. Homebuyers must meet a series of criteria in order

Myott Park facing east into the Bluestem Prairie development. Upon completion, this development will have 85 homes designed for homeowners and families of all ages. Photo courtesy of Habitat for Humanity of Omaha.

to even be considered—including two-year employment, have a certain amount of savings, and earn less than 80% of the median income for the area.

In September, it was announced that a $1.1 million federal Congressional Community Grant earmarked by Rep. Don Bacon, in addition to a gift from Habitat Omaha donor Stephanie Wernig, would help make the dream of a park near the affordable housing development a reality.

“Access to affordable housing is a critical issue, and the work of Habitat for Humanity gives people hope, dignity, and stability,” Rep. Continued on page 20 / See Habitat

project timeline

“

Access to affordable housing is a critical issue, and the work of Habitat for Humanity gives people hope, dignity and stability.

”

Rep. Don Bacon

2021

2022

2023

2024

2025

Tree removal Site demolition

Site preparation begins Foundation work begins Park design

Park preparation First 25 home builds completed

Park completed Home builds continue

All 85 home builds completed

JANUARY 2024

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McCook recognized by national magazine for its arts, culture & food A James Beard Award-winning bakery and a growing arts scene are only a small sampling of what the municipality has to offer

BY PAUL HAMMEL THE NEBRASKA EXAMINER

Efforts to bolster the arts, recreation and food in McCook have garnered national recognition for the southwest Nebraska community.

Travel & Leisure magazine, in its annual “best small towns” feature, named McCook runner-up as the best small town for food and culture, right behind Los Olivos, California.

The magazine cited McCook, population 7,356, for its landmark Sehnert’s Bakery, the first James Beard Award-winning eatery in the state, the “striking” 6th Floor Project art gallery atop the town’s tallest building, and its 26-year-old Buffalo Commons Storytelling and Music Festival.

The 6th Floor Project art gallery in McCook was cited by a national magazine as part of its recognition of “best small towns” in America. Photo courtesy of McCook Economic Development Corp.

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Nebraskans moved back The art gallery is the work of Chad Graff and Joanne Falkenburg, who moved back to Nebraska in 2021 after successful careers in California.

They opened the 6th Floor Project, a contemporary art gallery, on the top level of the century-old Keystone building. In October, they opened another gallery, the ArtBank, in a former Wells Fargo Bank.

NEBRASKA MUNICIPAL REVIEW

The Nebraska Department of Economic Development, in a press release, cited several other developments underway in the community.

Charlie McPherson of the McCook Economic Development Corporation told the DED that the community has focused on “quality of life” projects that help convince people to stay or move to McCook.

“We have a safe community, good school systems and projects underway in education, housing, arts, and music. There’s a lot to be excited about, a lot of momentum,” McPherson said.

Other developments Among recent developments in McCook: • The opening of Norris Alley, an open-air plaza that hosts plays and concerts.

• Completion of a 100-foot-long mural, depicting the community’s history and culture.

• The designation of a “McCook Creative District” by the Nebraska Arts Council.

• Construction of a brand-new outdoor aquatics facility, replacing a community pool built in 1937.

• A $16 million capital campaign to upgrade the local YMCA. • Expansion of a local business park by 35 acres and arrival of Performance Plus Liquids, a new business in the park.

• Construction of additional, affordable housing.  https://nebraskaexaminer.com/

JANUARY 2024

Photos courtesy of McCook Economic Development Corp.

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USDA Rural Development:

USDA program helps improve rural healthcare access in Nebraska

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mproving access to healthcare is a nationwide goal, and in Nebraska, one that we take pride in. Nebraska has a lot of rural communities, and improving access to healthcare by having many different hospitals and clinics is not the only way to improve access to rural residents, but also being able to have services offered Photo provided by USDA Rural Development. at these rural hospitals and clinics that make it easier to get quality care “close to home” is critical.

USDA Rural Development is here to help improve access to quality healthcare in Nebraska, along with assistance for many other essential community needs that many communities face.

Success Story: Leveraged funds assist to

expand rural healthcare access in McCook Rural Development Guaranteed & Direct Loan Funds were used to improve access to rural healthcare in a medically under-served area. Community Hospital, located in McCook, has a service area that covers five Nebraska Counties and three counties in Kansas.

USDA Rural Development, Thayer County Bank, and Community Hospital leveraged funds to provide critical additions and renovations for the rural residents of Red Willow County and the surrounding service area.

This investment supported Community Hospital’s mission of “Leading our region to a healthier future” by constructing additions and renovations to several departments including specialty clinic, cardiac rehab, mobile imaging garage, rehabilitation therapies, urgent care, clinic registration, kitchen, pharmacy, lab, materials management, offices, and conference room. At the peak of the Covid pandemic, the hospital committed additional funds to convert some patient rooms to negative pressure rooms to accommodate Covid patients. 

Community Facilities Direct Loan & Grant Program What does this program do?

Provides affordable funding to develop essential community facilities, defined as a facility that provides an essential service to the local community for the orderly development of the community.

Who is eligible?

Pubic bodies, community-based nonprofit corporations, and Federally recognized Tribes located in rural areas. Rural areas are cities, villages, townships, and Federally recognized Tribal lands with no more than 20,000 residents.

What kind of funding is available: Low interest direct loans, grants, or combination of. Also have a Guaranteed Loan Program that uses a traditional lender. Applicants must have legal authority to borrow money, unable to finance the project from own resources and/or through commercial credit.

How funds may be used: To purchase, construct, and/or improve essential community facilities, to purchase equipment, and to pay related project expenses. Examples include health care facilities, town halls, street/ sidewalk improvements, community centers, childcare centers, fire departments, police stations, police vehicles, fire trucks, museums, and libraries.

To learn more about any and all of the USDA Rural Development Programs that might be of value to your community, visit our website at rd.usda.gov/ne or call our main line at (402) 437-5551.

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NEBRASKA MUNICIPAL REVIEW

Community Facilities Direct Loan & Grant What are the terms?

Funding is provided through a competitive process.

Direct Loan: • Loan repayment terms may not be longer than the useful life of the facility, state statutes, the applicants authority, or a maximum of 40 years, whichever is less.

• Interest rates are set by Rural Development, contact us for details and current rates.

• Once the loan is approved, the interest rate is fixed for the entire term of the loan, and is determined by the median household income of the service area.

• There are no pre-payment penalties.

• Contact us for details and current interest rates applicable for your project.

Grant Approval: Grant funds must be available.

Applicant must be eligible for grant assistance, which is provided on a graduated scale with smaller communities with the lowest median household income being eligible for projects with a higher proportion of grant funds. Grant assistance is limited to the following percentages of eligible project costs:

Maximum of 55 percent when the proposed project is: • Located in a rural community having a population of 12,000 or fewer; and • The median household income of the proposed service area is below the higher of the poverty line or 70 percent of the State nonmetropolitan median household income.

Maximum of 35 percent when the proposed project is: • Located in a rural community having a population of 20,000 or fewer; and • The median household income of the proposed service area is below the higher of the poverty line or 80 percent of the State nonmetropolitan median household income.

Maximum of 15 percent when the proposed project is: • Located in a rural community having a population of 20,000 or fewer; and • The median household income of the proposed service area is below the higher of the poverty line or 90 percent of the State nonmetropolitan median household income. The proposed project must meet both percentage criteria. Grants are further limited.

Are there additional requirements?

• Applicants must have legal authority to borrow money, obtain security, repay loans, construct, operate, and maintain the proposed facilities • Applicants must be unable to finance the project from their own resources and/or through commercial credit at reasonable rates and terms • Facilities must serve rural area where they are/will be located • Project must demonstrate substantial community support • Environmental review must be completed/acceptable How do we get started?

Contact your local RD office to discuss your specific project. Applications are accepted year round.

Who can answer questions?

Contact your local RD office.

What governs this program?

• Direct Loan: 7 CFR Part 1942, Subpart A • Grant: 7 CFR Part 3570, Subpart A

Maximum of 75 percent when the proposed project is: • Located in a rural community having a population of 5,000 or fewer; and • The median household income of the proposed service area is below the higher of the poverty line or 60 percent of the State nonmetropolitan median household income.

NOTE: Because citations and other information may be subject to change, please always consult the program instructions listed in the section above titled “What Governs This Program?” You may also contact your local office for assistance. You will find additional forms, resources, and program information at rd.usda.gov. USDA is an equal opportunity provider, employer, and lender.

Last Updated January 2020

JANUARY 2024

17

From National League of Cities

Drones: the new first responder tool

BY ESMAEL ANSARI, VICE PRESIDENT OF GOVERNMENT RELATIONS AT BRINC DRONES

C

ongress reauthorizes the Federal Aviation Administration (FAA) every five years and is currently working on renewing the FAA, which is crucial for the future of drone technology.

Congress is currently considering language that would require the FAA to create regulations for drones to fly Beyond Visual Line of Sight (BVLOS). BVLOS refers to the operation of a drone when it is not within the pilot's direct visual line of sight. In other words, the drone is flying at a distance from the pilot where they cannot see it with the naked eye.

The regulatory approval to allow licensed and trained pilots to fly drones beyond line of sight is crucial for Drones as First Responder (DFR). DFR is an emerging technology that involves the use of drones to support

the role of first responders in emergency situations.

DFR aims to augment and enhance the efforts of first responders by deploying drones equipped with various sensors, cameras, and payloads to perform and support in critical tasks in emergency situations. Right now, more than 15 DFR programs in the U.S. operate with a BVLOS waiver from the FAA. The Chula Vista Police Department in California is the leader in DFR programs, as they took on the difficult task of piloting the concept of DFR. Both the US Senate and House included legislative language in their FAA reauthorization bill. This language would require the FAA to create and publish BVLOS regulations within 24 months. This would allow for nationwide Drones as First Responder programs.

Continued on page 19 / See Drones

..

e.. k a t l a c o l A

Norfolk Fire awarded grant to expand drone technology The Norfolk Fire Division (NFD) was recently awarded grant funding to assist in purchasing new equipment. TC Energy awarded Norfolk Fire $20,000 to purchase a new drone and software. With the funding, they acquired an M30T thermal drone, flight data management software, a portable generator, and other supporting equipment such as extension cords, collapsible LED traffic cones, and an aluminum cargo hauler.

"Norfolk Fire and Rescue is extremely grateful for the opportunity to expand our capabilities as a drone Continued on page 19 / See Grant

18

NEBRASKA MUNICIPAL REVIEW

Drones Continued from page 18

The DFR program can provide great benefits to communities, support the safety of our first responders, and support them in their critical work: • Rapid Assessment: Drones can quickly fly to the scene of an emergency, such as a car accident or shooting, and provide real-time aerial footage and data to first responders. This helps them assess the situation, identify hazards, and plan their response more effectively and safely.

• Search and Rescue: Drones equipped with thermal cameras and other sensors can be used to locate missing persons in search-and-rescue operations,

Grant especially in remote areas or in times of natural disasters.

• Emergency Medical Delivery: Drones can transport essential medical equipment at speed or to inaccessible or dangerous areas where traditional means of transportation is too difficult and slow.

DFR has great potential to improve the efficiency and effectiveness of first response efforts. There are important privacy considerations to think through as well, to make sure everyone is protected, governments should review and create policies that balance the privacy and benefits of this new technology.  This story originally was published on NLC.org.

Continued from page 18

team through grant assistance from TC Energy," said Tim Wragge, Fire Chief.

"The equipment purchased, specifically the M30T Drone, will allow us to fly in certain conditions that our existing drone cannot. NFD personnel have spent a lot of time and energy becoming well-versed in drones, in addition to other skills they must stay proficient in. I am very proud of those efforts."

Norfolk Fire’s drone team trains at least once a month, and the equipment is used for flying fire scenes such as structural or vegetation fires. It also can be used to determine the area burned in field fires, as well as to assist with a multitude of other tasks if requested by law enforcement, who also use drones on a regular basis.  Source - City of Norfolk

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19

Bluestem Prairie site map

Habitat Continued from page 13

Bacon said. “I am pleased we were able to secure $1.1 million in funding for the Myott Park project in North Omaha that will be a centerpiece for transforming a vacant lot into affordable housing. This project will change lives and empower a new generation of homeowners within a framework of education to ensure residents’ long-term success.”

The park will feature a barrier-free design, new playground equipment, picnic pavilions, an amphitheater, courts for sports including basketball and pickleball, along with new walking and bicycle trails.

“Transformational communities need vibrant green spaces and parks to allow residents to interact with nature and each other,” Omaha Mayor Jean Stothert said.

“This project is a strong example of how public-private partnerships work. This once-vacant surrounding area is now springing to life, and this park will be a focal point that energizes the community.”

The park is intended to support families already living in the area and those who will move into the new Bluestem Prairie neighborhood upon completion. Habitat Omaha is overseeing the development of the projects and the City of Omaha Parks and Recreation will provide continuing maintenance and support after completion.

“We want to thank Congressman Bacon, the city and our donors for partnering with Habitat Omaha for this beautiful addition to the Bluestem Prairie development,” said Amanda Brewer, CEO of Habitat Omaha.

“Just like having a safe, affordable place to live, nature and greenspace provide positive outcomes for our physical and mental health and well-being. Myott Park will add to the ‘humanity’ of these homes and connect them to other neighborhoods and the community.” 

Above: The plans for Bluestem Prairie development. Left: The plans for Myott Park--a part of the Bluestem development. Images courtesy of Habitat for Humanity of Omaha.

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JANUARY 2024

21

The Center is seeking rural communities in Nebraska who need support in addressing environmental injustices— for example, crumbling infrastructure or unsafe drinking water. Photo by Kylie Kai

The Center for Rural Affairs:

Communities facing environmental challenges may qualify for assistance

BY DEBORAH SOLIE, THE CENTER FOR RURAL AFFAIRS

R

ural communities in Nebraska and across the Midwest have a new resource for assistance in addressing environmental challenges: the Heartland Environmental Justice Center (HEJC), a Thriving Communities Technical Assistance Center.

Community leaders are dealing with a wide variety of environmental issues—whether it’s crumbling infrastructure or unsafe drinking water—on top of their day-to-day work ensuring a safe space for their residents. In my previous work with communities, we helped connect them with resources to address the major environmental challenges in their community. I am excited to follow a similar process with the HEJC as we work together to advance environmental and energy equity in rural Nebraska and the Heartland.

The HEJC is one of 17 centers established by the U.S. Environmental Protection Agency throughout the country, serving Kansas, Missouri, Nebraska, and adjoining Indigenous

nations. Through community engagement, training, technical assistance, applied research, tool development, community assessments, and more, the HEJC will help communities develop their ability to participate in environmental and energy justice decisionmaking, find and apply for grants, and engage with the private sector to be part of energy and infrastructure project design and development.

As part of the HEJC, the Center for Rural Affairs and partner organizations will offer training and technical assistance on topics including grant development/management, community needs assessment, civic engagement, education and outreach, climate resilience, water equity, affordability and access, food, energy justice, and more. “ We a r e s e e k i n g r u r a l communities in Nebraska and throughout the HEJC region that need support in addressing environmental injustices,” said Lindsay Mouw, policy associate with the Center for Rural Affairs.

“Center for Rural Affairs, the HEJC, and its partners will concentrate resources in these communities to help with whatever environmental challenge a community may be facing.”

To learn more or request assistance for your community, visit heartlandej.org or contact ruralleaders@cfra.org, Deborah at 402.870.1133, or Lindsay at 712.578.9180. 

This project has been funded in part by the U.S. Environmental Protection Agency under assistance agreement 96701501 to Wichita State University Environmental Finance Center.

22

NEBRASKA MUNICIPAL REVIEW

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23

LARM knows Nebraska

BY DAVE BOS, EXECUTIVE DIRECTOR, LARM

We at the League Association of Risk Management (LARM) like to tout that we are the only municipal risk management provider that really “knows Nebraska,” and rightly so.

Since LARM’s inception as a risk management pool in 1995, we have specialized in knowing the coverage needs of Nebraska governmental entities because that’s who makes up the pool. At last count, 211 Nebraska cities, villages, and other entities rely on LARM for their workers’ compensation and property and liability insurance.

How does “knowing Nebraska” benefit LARM members?

LARM knows the risks inherent to governmental entities of Nebraska and tailors its coverage accordingly. We know that wind and hail damage is common in the state, so we keep the deductibles for those claims manageable. Hopefully, your town won’t be hammered by golf ball-sized hail, but if it is, LARM uses highly qualified adjusters who can quickly assess the damage and work directly with you throughout the claims process.

LARM knows property values and updates them to adequately value your buildings and equipment. In many instances, we’ll sign on a new member, go into their town to do a valuation, and find that some of their property has not been accurately valued and, in some cases, hasn’t been insured at all. From water towers to city welcome signs, LARM knows the value and ensures they are adequately covered.

LARM knows Nebraska laws and regulations and provides training and coverage advice accordingly.

For instance, we know when Nebraska police training requirements change and offer online resources to help member police officers fulfill those requirements.

LARM knows the current issues facing Nebraska cities and villages. That’s because the LARM Board of Directors is comprised of 15 LARM members who are elected or appointed officials who work in cities, villages, and other governmental entities all across Nebraska. During the pandemic, the board approved financial aid for volunteer first responders who missed work when they contracted or were exposed to COVID on a call. The LARM staff all live and work in Nebraska and know the challenges of living in a state where you have to worry about frozen pipes at one time of the year and heat exhaustion at another.

LARM knows its members and prioritizes providing excellent customer service and customized loss control training to them whether they have 250 employees or one employee. If you need an answer to a question, you can call or email our main offices in Lincoln and get a response within the day. Our loss control specialists routinely travel across the state to check in on members and ensure they have the proper equipment and practices to stay safe. If you need coverage for a special event, you know who to call to get it.  LARM knows Nebraska because that’s our customer base. If you would like more information about LARM, go to larmpool.org or email customerservice@larmpool.org.

24 24

NEBRASKAMUNICIPAL MUNICIPALREVIEW REVIEW NEBRASKA

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Revitalize Rural Nebraska Grant application period open through Feb. 29

T

he Nebraska Department of Environment and Energy (NDEE) began accepting applications for the Revitalize Rural Nebraska Grant Program on Jan. 15, with the application period closing Feb. 29.

The Revitalize Rural Nebraska Grant program was established by the Nebraska Legislature during the 2023 session. Cities of the first and second class and villages may apply. Eligible projects will result in the demolition of a dilapidated commercial property located within the corporate limits of a city of the first or second class or a village. Priority for funding will be given to applications received from villages and cities of the second class.

include: s t n e m e ir u Project req statute.

tion per acant atch contribu andoned or v ab 1. A local m n ee b as h ty that 2. A proper x months. village, or for at least si by the city or ed n w o is at ebraska ty th escribed in N d 3. A proper ss ce ro p e th is completing 18-1722. te tu to be listed Revised Sta , nor eligible n o t o n is s. at ty th Historic Place f o 4. A proper r te is eg R nal on, the Natio

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Per the needed application deadline, it is recommended that the History Nebraska State Historic Preservation Office (SHPO) be contacted as the first step in the application process (https://history.nebraska.gov/historicpreservation/review-and-compliance-section-106/). Eligible entities must submit applications using a two-page form available at NDEE’s website: http:// dee.ne.gov/publica.nsf/pages/23-024.

NDEE will assess applications for eligibility and competitive ranking.

Prospective grantees may submit multiple applications, one for each dilapidated commercial property proposed for demolition. However, competitive ranking preference will be given to the first application submitted by a municipality. If funding remains, second applications will be ranked and considered.

All applications must be submitted by Feb. 29, 2024. For more information, please visit http://dee.ne.gov/publica.nsf/pages/23-024. Questions can be directed to ndee.srf@nebraska.gov. 

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THE LEGAL CORNER

Workforce Housing TIF: Updated Construction Cost Limits

BY ALISON JANECEK BORER, CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, L.L.P. Alison Janecek Borer

U

nder the Community Development Law, Neb. Rev. Stat. §§ 18-2101 to 18-2157 (the “Act”), in a rural communityi or in an extremely blighted areaii within a municipality that is not a rural community, tax increment financing, or TIF, may be applied towards the costs to carry out the construction of workforce housing. The Act’s definition of newly constructed “workforce housing” is based on the cost of construction. The construction cost limits were recently updated by the Nebraska Department of Economic Development (“DED”) for the first time.

Section 18-2103(31) of the Act defines “workforce housing” as follows: (a) Housing that meets the needs of today’s working families; (b) Housing that is attractive to new residents considering relocation to a rural community; (c) Owner-occupied housing units that cost not more than $275,000 to construct or rental housing units that cost not more than $200,000 per unit to construct, as such costs may be updated by DED; (d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate exceeds 50% of a unit’s assessed value; and (e) Upper-story housing.

28

For purposes of subsection (c) of Neb. Rev. Stat. § 18-2103(31), DED is required by statute to update the construction cost limits annually based on the most recent increase or decrease in the Producer Price Index for all commodities, published by the U.S. Department of Labor, Bureau of Labor Statistics. Until recently, the limits had never been updated.

On Dec. 8, 2023, DED issued Policy Memorandum 23-02 (the “Policy”) related to the updated construction cost limits for workforce housing TIF. Pursuant to the Policy, DED increased the limits to $300,000 for owner-occupied housing units and $235,000 for rental housing units.

The new limits are effective as of December 8, 2023 (the “Effective Date”) and will remain effective until DED’s next annual update in 2024.

Further, the Policy states that the new limits may be applied to projects under construction (and, thus, already approved for workforce housing TIF) as of the Effective Date.

Additionally, the Policy provides guidance concerning how to calculate total construction costs for purposes of the limits. The Policy states that costs relating to acquisition of property and demolition should not be included in the calculation.

Municipalities that desire to utilize

workforce housing TIF need to plan ahead to conduct a housing study and to prepare and approve an incentive plan authorizing the same. Section 182142.05 of the Act outlines the steps that must first be taken by a governing body: 1. Receive a housing study which is current within 24 months for any city of the metropolitan class or current within 60 months for any other city or village; 2. Prepare an incentive plan iii for construction of housing in the municipality targeted to house existing or new workers; 3. Hold a public hearing on such incentive planiv; and 4. After the public hearing, find that such incentive plan is necessary to prevent the spread of blight and substandard conditions within the municipality, will promote additional safe and suitable housing for individuals and families employed in the municipality, and will not result in the unjust enrichment of any individual or company.

After an incentive plan has been approved, a municipality can approve a redevelopment project utilizing workforce housing TIF (via a redevelopment plan), which would allow the developer to utilize TIF for both the public and

NEBRASKA MUNICIPAL REVIEW

private improvements in the project.

Without workforce housing TIF, TIF can only be used for customary TIF-eligible expenditures, such as site acquisition, site preparation, and public infrastructure.

With workforce housing TIF, the actual costs to construct the housing units become TIF-eligible. Thus, in general, workforce housing TIF typically only comes into play where the proposed redevelopment project does not have customary TIF-eligible expenditures in an amount that meets or exceeds the amount of TIF projected to be generated by the project. If the project is short on customary TIF-eligible expenditures, this tool could be used to close the gap.

Municipalities that have authorized the use of workforce housing TIF should be aware that the construction cost limits may change each year. This should not necessitate an amendment to the incentive plan, but municipalities may amend current redevelopment contracts to reflect this change for applicable projects under construction as of the effective date of the change.  Alison Janecek Borer is a partner at Cline Williams Wright Johnson and Oldfather, L.L.P. Alison’s practice focuses on real estate transactions, including real estate development, zoning and land use matters, tax increment financing, the purchase and sale of real property, and commercial leasing. She can be reached at (402)474-6900 or at aborer@clinewilliams.com.

This article is not intended to serve as legal advice, but as information that may be relevant to readers of this publication. If you require legal advice, please contact Alison or another licensed attorney.

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Endnotes

See § 18-2103(30) (rural community means any municipality in a county with a population of fewer than 100,000 inhabitants). ii See § 18-2103(13) (defining “extremely blighted area”). iii Generally speaking, an incentive plan is a flexible document that authorizes the use of workforce housing TIF for eligible redevelopment projects and sets forth criteria and guidelines related thereto. iv See § 18-2142.05 (Note: The public hearing on the incentive plan must be separate from a public hearing on a redevelopment plan or substantial modification thereof.). i

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Utility

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Continued from page 11

Before an abrupt cancellation of the last day of the conference due to rapidly declining statewide weather conditions, Conference attendees also enjoyed educational sessions on: • Use of Personal Cell Phones and Other Public Records Issues Employees Need to Think About • New and Innovative Health Insurance Options for Municipal Employees • Remote Utility Infrastructure: Turning vulnerability into resilience.

• New Innovative Health Insurance Options for Municipalities • Understanding Your Utilities History Benefits Customers

• • • • • • •

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Effective Employee Evaluations Considerations for Hiring Seasonal Workers Per- and Polyfluorinated (PFA) Substances Update: Yes, this is real.

Are Small Nuclear Power Units in Your Future for Well Houses and Other Remote Facilities Acceptable Utility and Public Works Rules for Customers Office Safety When Do You Need to Hire an Engineer? 

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NEBRASKA MUNICIPAL REVIEW

Ask LNM Frequently Asked m u n ic ipa l Questions The League legal staff regularly provides technical assistance to Nebraska officials from member cities and villages and this new quarterly colunn will contain summaries of some of these inquiries. We encourage you to clip these columns for easy reference in the future!

Topic: public meetings Can a municipality hold a public meeting by virtual conference, i.e., by telephone or teleconference?

LNM No, except in very limited circumstances.

The Open Meetings Act outlines in section 84-1411 which public entities are allowed to hold their meetings by virtual conference and municipalities are not listed. Examples of entities that are allowed to do virtual meetings include: state entities, educational service units (ESUs), public power districts, community colleges, and natural resources districts, among others. Virtual conferencing means conducting or participating in a meeting electronically or telephonically with interaction among the participants.

The Open Meetings Act provides very limited circumstances for a municipality to hold a public meeting by virtual conferencing.

These limited exceptions include: 1. Emergency Meeting: If there is a true emergency, a public meeting can be held without giving advanced notice. At this emergency meeting, only the emergency can be discussed.

Complete minutes of the meeting specifying the nature of the emergency and any action taken need to be available no later than the end of the next regular business day. Many municipalities have asked League staff what constitutes an emergency.

The Nebraska Attorney General has defined it as an item “that requires immediate resolution by the public body, and one which has arisen in circumstances impossible to anticipate at a time sufficient to place on the agenda of a regular, called, or special meeting of the body.” The Nebraska Supreme Court has defined emergency as “any event or occasional combination of circumstances which calls for immediate action or remedy; pressing necessity; exigency; a sudden or unexpected happening; an unforeseen occurrence or condition.” Steenblock v.

Elkhorn Township Board, 245 Neb. 722, 515 N.W.2d 128 (1994). When deciding whether the situation requires an emergency meeting, remember: a blizzard that has knocked

out all power in your municipality may be an emergency; forgetting to pay a claim at the last meeting is likely not an emergency.

2. Governor Declared Emergency: If the Governor declares an emergency pursuant to the Emergency Management Act and your municipality is included in the territorial jurisdiction of the declared emergency, a municipality may hold a meeting by virtual conference after giving reasonable advanced publicized notice. These “governor declared emergency” meetings do not have to be limited to discussions of the emergency and can include briefings, discussion of public business, formation of tentative policy, or the taking of any action by the municipality. The Open Meetings Act outlines how the municipality needs to provide the public with access to the virtual conference.

3. Discussion of Items Scheduled to be Discussed at Future In-person Meetings: This exception was added to the Open Meetings Act in 2022. According to the introducer of the bill, the intent of this exception is to “provide an additional virtual open meeting option to allow public bodies to hold virtual meetings when there will not be any action taken on any agenda items and the purpose of the meeting is informational and for discussion only.” For a municipality to use this exception to hold a public meeting by virtual conference: (1) the purpose of the virtual meeting must be to discuss items that are scheduled to be discussed or acted upon at a subsequent non-virtual open meeting of the municipality; (2) no action can be taken; and (3) the municipality must comply with certain notice requirements.

Generally, municipalities need to hold their public meetings inperson. There are limited circumstances where a virtual meeting may be allowed under state law.

If you have additional questions about when your city or village can hold virtual meetings, it’s always good to check with your city or village attorney.  JANUARY 2024

31

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High Water Bill?

Excessive Chemical Use? Dropping Water Levels?

THEN YOU NEED TO GIVE BURBACH AQUATICS, INC. A CALL. PROVEN RELIABILITY IN AQUATIC DESIGN FOR OVER 45 YEARS!!

Burbach Aquatics, Inc. 5974 State Highway 80 South Platteville, Wisconsin 53818

Phone: 608-348-3262 Fax: 608-348-4970 Email: Support@Burbachinc.com

© 2023 BURBACH AQUATICS, INC.

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