Nebraska Municipal Review, November 2023

NEBRASKA MUNICIPAL REVIEW

Former West Point Mayor honored with service award Columbus viaduct lighting upgrade comes with multiple benefits Officials take tour of LB 357 projects in York

Official Publication of the League of Nebraska Municipalities

NOVEMBER 2023

NEBRASKA MUNICIPAL REVIEW

Contents NOVEMBER 2023 No. 1,183 ISSN 0028–1 9 0 6 About the Cover: LED uplighting was installed in June 2022 on the viaduct over 33rd Avenue in Columbus. Photo by Isaiah May.

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The Director’s Message by L. Lynn Rex, LNM Executive Director – EPIC Option Consumption Tax: ‘Public Resources’ may be used to research and prepare materials to determine the effect of proposed ballot questions on your municipality

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The Commentary by Sec. of State Bob Evnen - Nebraska election officials are dedicated to ensuring accurate, secure elections

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The Commentary by U.S. Rep. Mike Flood - Keeping the American Dream alive

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A life built on service - Former Mayor of West Point Marlene Johnson recognized by Northeast Community College with Distinguished Service Award

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Uniting passion & purpose - NECC recognizes alumni Norfolk Chief of Police and Fire Chief for community contributions

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Problem-solving with an aesthetic appeal - The Columbus viaduct bridge lighting upgrade came with a costsavings and a noticeable new look

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Helping Main Street thrive - USDA partners with Nebraska communities to spur rural job growth and economic development

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More than just a neighborhood park… a “full-community park” - Lazy river, disc golf, fishing pond and lots more at Gretna’s new $60 million park

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Putting the tools to work - Officials take tour of LB 357 projects in York, legislative proponents see what their work generated

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Shovel-ready - Lindsay Area Development is one of 17 Nebraska nonprofits awarded funding to help with building projects

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LARM - Motivating employees to practice safety

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City Fiscal Conditions report now available to download on NLC site

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The National Civic League is now accepting applications for the 2024 All-America City Award

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The Legal Corner by Michelle L. Sitorius & Roger D. Sack, Cline Williams Wright Johnson & Oldfather, L.L.P. - Paying for health insurance coverage during FMLA leave

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Professional Directory

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 Jerry Wilcox, Clerk/Treasurer, 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, Assistant 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 Jack Cheloha, Deputy City Attorney/City Lobbyist, Omaha 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 Lanette Doane, Clerk/Treasurer, Ansley 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 CJ Heaton, City Administrator,Yutan

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 Utilities/Public Works Section Annual Conference.............................................. Jan. 10-12, 2024, Embassy Suites, Lincoln Midwinter Conference......................................................................................... Feb. 26-27, 2024, Cornhusker Marriott, Lincoln

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

Directors

JANUARY 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 Joel M. Bergman Mayor, St. Paul 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 Al Schoemaker Blair

League Staff L. Lynn Rex

Executive Director

CITIES OF THE FIRST CLASS Each month.................................................................... Clerk publishes ordinances passed within 15 days after passage. (16-405) Within 10 working days from meeting or before next meeting (whichever is sooner)..... Clerk to have minutes available for public inspection. (84-1413) First Regular Meeting.................................................. Mayor and Council appoint member of Park Board. (16-696) Within 30 days from Council meeting.................... Clerk publishes official proceedings of meeting. (19-1102) Within 20 days after end of month.......................... Treasurer files monthly financial report. (16-318) On or before January 31............................................ Provide county assessor each new lease or changed preexisting lease which ......................................................................................... went into effect during the previous year and a listing of previously reported ......................................................................................... leases that are still in effect. (77-202.11) Each Quarter................................................................ Report from depository banks due. (16-714) Reminder....................................................................... Notice of automatic renewal of liquor and beer other than Class C licenses ......................................................................................... must be published between January 10 and January 30 of each year. (53-135.01)

CITIES OF THE SECOND CLASS Each month.................................................................... Clerk publishes ordinances passed within 15 days after passage (17-613) Within 10 working days from meeting or before next meeting (whichever is sooner)................................................. Clerk to have minutes available for public inspection. (84-1413) Within 30 days from Council meeting........................................................... Clerk publishes official proceedings of meeting. (19-1102) Within 20 days after end of month.......................... Treasurer files monthly financial report. (17-606) On or before January 31............................................ Provide county assessor each new lease or changed preexisting lease which went ......................................................................................... into effect during the previous year and a listing of previously reported leases ......................................................................................... that are still in effect. (77-202.11) Reminder....................................................................... Notice of automatic renewal of liquor and beer other than Class C licenses must ......................................................................................... be published between January 10 and January 30 of each year. (53-135.01) VILLAGES Each month.................................................................... Clerk publishes ordinances passed within 15 days after passage (17-613) Within 10 working days from meeting or before next meeting (whichever is sooner)................................................. Clerk to have minutes available for public inspection. (84-1413) Within 30 days from Trustees’ meeting......................................................... Clerk publishes official proceedings of meeting. (19-1102) Within 20 days after end of month.......................... Treasurer files monthly financial report. (17-606) On or before January 31............................................ Provide county assessor each new lease or changed preexisting lease which went ......................................................................................... into effect during the previous year and a listing of previously reported leases ......................................................................................... that are still in effect. (77-202.11) Reminder....................................................................... Notice of automatic renewal of liquor and beer other than Class C licenses must ......................................................................................... be published between January 10 and January 30 of each year. (53-135.01)

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

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 James Kelley Loss Control Specialist John Hobbs 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.

DIRECTOR’S MESSAGE

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EPIC Option Consumption Tax: ‘Public Resources’ may be used to research and prepare materials to determine the effect of proposed ballot questions on your municipality

here are 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 to impose only a consumption tax to fund state and local governments.

The initiative petitions were received at the office of the Secretary of State on Dec. 6, 2022. It is critically important to research and be informed about the effect of the latest EPIC consumption tax proposals on your city or village!

Section 49-14,101.02(7) provides, in part: “This section does not prohibit, in the normal course of his or her duties, a public official or a public employee under the direct supervision of a public official from using public resources to research and prepare materials to assist the government body for which the individual is a public official or public employee in determining the effect of the ballot question on the government body.”

It is essential to research and prepare these materials to assist your city council or village board which is not prohibited from “discussing and voting upon a resolution supporting or opposing a ballot question…” as provided in Section 49-101.02(4).

Section 49-14,101.02(1) defines “public resources” as “personnel, property, resources, or funds under the official care and control of a public official or public employee.”

Although public officials and employees may use public resources to research and prepare materials to determine the effect of the ballot question on the government body, it is important to note that except as otherwise provided in Section 49-14,101.02, “a public official or public employee shall not use or authorize the use 4

BY L. LYNN REX, EXECUTIVE DIRECTOR, LNM

of public resources for the purpose of campaigning for or against the nomination or election of a candidate or the qualification, passage, or defeat of a ballot question.”

Although Section 49-14,101.02(7) does not authorize mass mailings, mass duplication, or other mass communications at public expense for the purpose of qualifying, supporting, or opposing a ballot question, this section allows on existing websites of a government body “public records demonstrating the consequences of the passage or defeat of a ballot question affecting the government body for which the individual is a public official or public employee….”

Background on EPIC Proposals In the last seven years, Sen. Steve Erdman of Bayard introduced and prioritized consumption tax bills several times to dramatically change Nebraska’s tax structure. LB 79, introduced in 2023, is his fourth attempt to do so. On Feb. 13, 2023, Sen. Erdman filed AM314 to LB 79 which would replace the bill as originally introduced. In 2023, Sen. Erdman also introduced LR 6CA and LR 7CA, two legislative resolutions to propose amendments to the Nebraska State Constitution to mandate the EPIC consumption tax. The Revenue Committee has NOT advanced LB 79, LR 6CA or LR 7CA to General File. Notwithstanding, AM314 to LB 79 outlines how proponents intend to implement LR 6CA and LR 7CA which have the same text as the two proposed constitutional amendments being circulated through the initiative process.

LR 6CA and the petition language would add a new Section 14 to Article VIII of the Nebraska State Constitution: “VIII-14 Notwithstanding any other provision of this Constitution, beginning January 1, 2026, no governmental entity in the State of Nebraska may impose taxes other than retail consumption taxes or excise taxes.”

The required “Object Statement” on the petition (with NEBRASKA MUNICIPAL REVIEW

Budget Equalization and Review Board Regions & School Equalization and Review Board Regions Fort Robinson

Fort Hartsuff

(19 counties)

(19 counties)

Fort Atkinson (18 counties)

Fort McPherson (19 counties)

the same text as LR 6CA) provides: “A Constitutional Amendment to restrict governmental entities in Nebraska to imposing only retail consumption taxes and excise taxes.

This amendment will eliminate Nebraska personal and real property taxes; personal and corporate income taxes; sales taxes and inheritance taxes.” (This proposed constitutional amendment would eliminate all state and LOCAL OPTION SALES TAXES.) LR 7CA and the petition language would add a new Section 15 to Article VIII of the Nebraska State Constitution: “VIII-15 Beginning January 1, 2026, the State of Nebraska shall impose a retail consumption tax or an excise tax on all new goods and services, and the legislature may authorize political subdivisions to do the same. There shall be no exemption from such taxes except for grocery items purchased for off-premises consumption.” The required “Object Statement” on the petition (with the same text as LR 7CA) provides: “A Constitutional NOVEMBER 2023

Amendment allowing the legislature to authorize governmental entities to impose consumption taxes on services and new goods with the limitation that only grocery items purchased for off-premises consumption may be exempted from the tax.”

A M 3 14 to LB 79 s tate s the consumption tax rate would be 7.5%; it is important to review all the provisions of AM314 as well as information on the EPIC website.

OpenSky and the Institute on Taxation and Economic Policy prepared an analysis indicating a 7.5% consumption tax rate would result in a $7.4 billion shortfall; a 21.1% consumption tax rate would be necessary to fund state and local governments.

Thanks to Sutton City Administrator 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 League will be providing ongoing information about the EPIC proposals. In addition

St. Deroin Fort (18 counties)

to eliminating property, income and corporate taxes, AM314 to LB 79 terminates local option sales tax, the Nebraska Budget Act, tax-increment financing, the ImagiNE Nebraska Act, aid for community colleges and schools, etc.

The next issue of the Nebraska Municipal Review will outline how AM 314 to LB 79 requires counties to send a request to all political subdivisions within the county to prepare a preliminary budget proposal which the county will review to prepare a county wide proposal. All 93 counties will then submit their county wide proposal to one of five regional “Budget Equalization and Review Boards” which, in turn, prepares a statewide report and then submits it to the Governor and the Chair of the Appropriations Committee for consideration by the Legislature. It is certainly interesting that proponents of EPIC emphasize how this process is “local control.”

EPIC takes away local control from political subdivisions. 

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THE COMMENTARY

Nebraska election officials are dedicated to ensuring accurate, secure elections

BY SEC. OF STATE BOB EVNEN

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ur country is a representative democracy, a republic. We have no king. We rule ourselves. This was a great political breakthrough at the formation of our country. But for it to work, we must maintain integrity in our election process. Otherwise, citizens lose faith in the legitimacy of their

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elected leaders, and consequently, in the legitimacy of the laws that they pass and enforce. Nebraskans can be assured that our state’s election processes are sound. They are accurate and secure.

As we prepare for another presidential election year, I want to remind all Nebraskans about the measures our office takes to ensure our elections are accurate and secure.

In the month before each primary and general election, every ballot tabulation machine in the state is tested three times for accuracy by running three separate test decks of ballots through each machine. In addition, our election teams hold two mock elections to further check the

accuracy of our ballot tabulators, the computers that compile the results and our election night reporting website.

After each election, we hand-count the results of certain races. In the past, we checked two or three percent of our precincts statewide. After the 2022 general election, we expanded this audit to include 10 percent of our precincts statewide, at least one precinct in each of our 93 counties.

County election boards, along with members from both major political parties, conducted the counting.

Out of the 48,292 ballots handcounted after the 2022 November election, discrepancies were noted Continued on page 26 / See Voting

NEBRASKA MUNICIPAL REVIEW

THE COMMENTARY

Keeping the American Dream alive

BY U.S. REP. MIKE FLOOD

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n a recent survey by Lending Tree, 94% of Americans identified owning a house as a part of the American Dream. But just over half of those who don’t own a home “say they’re worried they never will.” Among their concerns: high home prices, saving for a down payment, student loan debt, and other barriers.

Affordable housing is the top priority that I hear about when visiting communities across the First Congressional District.

I’m sure you hear about this issue at the community level in your corner of the state as well.

In recent years, a wide variety of factors have inflated the cost of buying a home. Some of those inflationary factors that are making our housing shortage worse range from free-flowing federal spending during the pandemic to local red tape and fees. Add on top of that a growing population and high home mortgage interest rates – there are numerous factors that have helped make it harder to buy a home now than it has been in a long time.

It doesn’t have to be this way. Our country and our communities need policies that encourage the construction of new homes and lower the cost of buying one. Many factors contributed to making housing expensive – and it’s going to take lots of creative solutions to unwind this problem.

One thing I’ve seen firsthand: When communities decide to invest in housing, it makes a difference. You can see results from such efforts right here in the First Congressional District.

Over the summer, I visited projects in places like Milford and Plattsmouth that are using creative solutions to meet the housing needs of the next generation. Columbus is another great example of success – the city’s population has jumped.

Some would point to the community’s ongoing commitment to build workforce housing as a driver for that growth.

States also are playing an important role – Nebraska has been doing great work in this area with programs like the Rural Workforce Housing Fund, which invested nearly $23 million more in rural communities earlier this year.

NOVEMBER 2023

Workforce housing is an issue I’ve been focused on for some time – and I’m continuing that work in Congress today. If communities are going to continue to build, we need programs that have flexibility to attract creative projects but have transparency and accountability for cost and affordability. Here are a few of the approaches I have been taking.

Earlier this year, I introduced the Yes In My Backyard Act (YIMBY) along with Rep. Derek Kilmer (D-Washington State).

The YIMBY Act will help boost America’s housing supply and strengthen the Community Development Block Grant program, which has served our country well for many years.

To this end, it will help cut red tape, ensuring that the federal tax dollars invested in housing are maximized.

Recently, I co-sponsored the Affordable Housing Credit Improvement Act. This legislation would have the effect of helping build two million new affordable houses. Rather than providing funding with lots of red tape and a new program that grows bureaucracy, this federal tax credit is a simpler way to help incentivize the industry to grow.

I’m working on more ideas. Over the summer, I established a Capital City working group that includes the Lincoln Chamber, NIFA, the League, Urban Development, Lincoln Community Foundation, Lincoln Housing Authority, Neighborworks, Nebraska Housing Developers Association, individual developers, and other stakeholders. This group will help provide feedback and inform my ongoing efforts on behalf of the unique needs of the City of Lincoln.

The road to deliver affordable housing options for every American family will be a journey that may take years. And it’s going to take a variety of solutions, including innovation from both the public and private sector, to address our housing crisis. It’s critical that we work on this – we’ve got to keep the dream of owning a home alive in America.

If you have ideas you’d like to share, feel free to share them.

Contact information for my office can be found at https://flood. house.gov. I look forward to hearing from you.  7

Marlene Johnson, the retired Mayor of West Point, was honored for distinguished service during the recent Northeast Community College Foundation Achievement Awards ceremony. Also shown (from left) are Tracy Kruse, Vice President of Development & External Affairs, and President Leah Barrett. Photo shared courtesy of Northeast Community College

A life built on service

Former Mayor of West Point Marlene Johnson recognized by Northeast Community College with Distinguished Service Award Story shared courtesy of Northeast Community College

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Former West Point Mayor Marlene Johnson

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hile Marlene Johnson achieved a successful career without college, that didn’t diminish the importance she places on higher education.

The retired Mayor of West Point was honored recently by Northeast Community College for distinguished service. The award is given to individuals who have demonstrated active service to higher education and who have played a significant role in the development of Northeast.

Johnson was instrumental in getting the distance learning center in West Point built.

She was the first woman to serve as mayor of the community and ended up being the longest serving mayor in the city’s history, serving 20 years. She also served on the League of

Nebraska Municipalities, including 2013 when she was elected president of the statewide organization.

Leah Barrett, President of Northeast Community College, said when Northeast was looking for a place to host college classes permanently in West Point, Johnson was mayor. Barrett said Johnson has been a strong believer in having high school students be able to take advantage of college classes to help their transition to college.

Northeast opened the classrooms in the Donald Nielsen Center in April 2018. Today, there are more than 150 students who attend classes from Northeast and Wayne State College at that facility every day.

Marlene and her husband, Allen, owned and operated the Sandman Motel in West Point. Later, the Johnsons owned and operated a grain handling NEBRASKA MUNICIPAL REVIEW

equipment business and Marlene was officer manager.

“I want to share this honor with the community of West Point and everyone beyond the city limits of West Point and everyone for their monetary support from a lot of people and to make this connection with Northeast Community College and the success story that it has become,” Johnson said.

Johnson herself took classes from Northeast before the Nielsen Center opened. Classes were held at various locations, and she and others wanted to have them available in one building.

“So, Northeast became a very welcome part of West Point,” Johnson said. “When Northeast asked about adding additional classrooms, we purchased the lots across the street and built the new facility here.”

The result has been that students are now coming to town to start their college education during their senior year in high school, helping to save on tuition.

“There are several that I talked to recently who have just finished their first year of college at Northeast Community College in West Point.

For financial reasons, that’s very good for them.

So many students get lost in that first year of college because there is so much going on and they are away from home for the first time,” Johnson said.

Surrounding high school students also are coming to West Point now to take classes.

“It has been a really great benefit for us in West Point and all the other schools taking part, saving their parents a lot of money. It gives them a great start on their college degree.”

Johnson did not attend college.

“It just did not work out for me growing up,” she said. “Grants and loans were not available, and my parents couldn’t afford to send me. I always wanted to be in finance. I’m a numbers person and I wanted to be in a financial field.”

Johnson said her father was an important part of her education. He was a parochial school teacher, and while some of the other students said she was the “teacher’s pet,” it was not true.

“He never helped me with my classes. I had to get it all on my own, which was probably good.

It taught me to take care of myself and learn the things that I needed to do.”

Johnson’s family includes two sons, Alen and Brian and their families; along with four grandchildren and 12 greatgrandchildren. NOVEMBER 2023

Uniting passion

& purpose

NECC recognizes alumni Norfolk Chief of Police and Fire Chief for community contributions

Inspiring stories are all around us—if you just take the time to the listen for them.

On Oct. 2, Northeast Community College hosted the 2023 Achievement Award Ceremony and municipal and civil servants--Norfolk Chief of Police Donald Miller and Norfolk Fire Chief Tim Wragge were among those recognized as Alumni Hall of Fame Success honorees.

Norfolk Chief of Police Donald Miller Miller earned an Associate of Arts Degree in Criminal Justice-Law Enforcement from Northeast – with honors – in 1995. He has risen through the ranks of the Norfolk Police Division to the position he holds today, Chief of Police.

Miller, who is a New Ulm, Minn., native, was hired by the Norfolk Police Division in 1990. As the police chief, he oversees 41 certified police officers and 21 civilian support staff. Miller said he underwent a transition while he was at Northeast.

“I will never take my education for granted at Northeast,” Miller said. “I had some great instructors.”

Miller credits Northeast with helping him to develop a newfound appreciation for history and overcoming his fear of public speaking.

“There was a time when you couldn’t have dragged me on a stage like this…

I credit the college and the college instructors for getting me through those initial stages (of fear),” Miller said.

Miller and his wife, Theresa, have a son, Dylan, and a daughter, Nicole, who is a sophomore in the Northeast nursing program. The Millers also have two grandchildren, Oaklee and Dakota.

Norfolk Fire Chief Tim Wragge Wragge attended Southeast Community College’s Fire Science Program after graduating from Plainview High School and then began his career with the Norfolk Fire Division in December 2002.

In 2010, he received his Associate of Applied Science degree in EMTParamedic from Northeast. He became Norfolk Assistant Fire Chief in 2015 and was promoted to Fire Chief in 2021.

Continued on page 15 / Passion

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The viaduct over 33rd Avenue in Columbus has become a popular attraction for residents and visitors since a new LED uplighting feature was installed in June 2022. Photo by Isaiah May.

Problem-solving WITH AN

aesthetic appeal

The Columbus viaduct bridge lighting upgrade came with a cost-savings and a noticeable new look

BY MATT LINDBERG PUBLIC COMMUNICATION

F

MANAGER, CITY OF COLUMBUS

or a little more than a year, Columbus’ 33rd Avenue viaduct uplighting feature has become a popular attraction for residents and visitors thanks to its ability to change colors on a moment’s notice. It’s actually one of the only Nebraska Department of Transportation up-lit overpass structures in the entire state.

Ironically, the project came about after the City’s Public Works Department began hearing complaints 10

in 2020 about the old lighting on the viaduct not working.

“We had clear lights on there, but they had deteriorated from salt and grime on the viaduct. It all corroded over the lights,” Public Works Director Chuck Sliva recalled. “So, we were just going to replace some of the fixtures.”

But, a trip to Omaha inspired a different idea.

Sliva said he was out in Omaha for high school state NEBRASKA MUNICIPAL REVIEW

wrestling when he saw the pedestrian bridge shared by Omaha and Council Bluffs, Iowa, with the multicolor lighting. He got to talking with other City leaders about all the options and replacement costs, as well as those in Omaha and Council Bluffs. Then, a plan was hatched to bring that concept of LED (lightemitting diode) lighting with multicolor options to Columbus.

When staff started to look into the overall process, it Although the new lights on the Columbus viaduct were a higher cost upfront, they last five times found issues with conduits, longer than the original lights and cost 10-15% less to operate. Photo courtesy of the City of that were part of the bridge Columbus. at the time of construction. been tremendous in many ways.

All the junction boxes, Financially, they’ve actually “I think it looks like a million conduits and panel boxes saved the city money. The cost bucks when you drive into needed to be replaced to of LED lights and fixtures cost town at night. We’ve had bring everything up to more upfront, but Sliva said they standard. That added cost last five times longer and cost a lot of positive comments to the project to total at that 10%-15% less to run than the from the public. They seem time to about $180,000 to original lights to operate. to be really enjoying it.” complete. The project was Plus, they’ve gotten a lot of completed in June 2022. praise from residents and visitors Chuck Sliva The viaduct features 24 while also raising awareness for LED lights total, eight on numerous initiatives.

Columbus Public Works Director each side of the structure “I just think it’s a really neat and eight down the center. thing to see when you drive into Thirty-six LED lights are town,” Sliva said. in each fixture. The span of The viaduct has been lit red, “Sometimes we change them out the arches is 260 feet long white and blue for the Fourth of multiple times in a month,” Sliva and 36 feet at its highest July and Labor Day; yellow/gold said, noting they make them green or point. in early September for National maroon for Scotus and Columbus High, City Engineer Rick Bogus Childhood Cancer Awareness respectively, depending on which high assisted by providing his Month; and burgundy in late school football team has a home game knowledge of permitting mid-September for National in Pawnee Park. “People can make a and working with Union Brain Aneurysm Awareness request, as long as it’s not political or Pacific Railroad, while Month. something like that.”

Prochaska & Associates The Public Works Department “I think it looks like a million bucks was also a consultant on the has a schedule for color changes when you drive into town at night,” lighting and design of the throughout the year, though Sliva said. “We’ve had a lot of positive new setup. does take requests for the lights comments from the public. They seem The benefits of the new within reason. to be really enjoying it.”  lights on the viaduct have NOVEMBER NOVEMBER 2023 2023

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M

unicipal leaders often work with their communities to promote economic growth. Building strong small businesses in rural communities helps to promote economic vitality and community vibrancy.

USDA Rural Development Nebraska encourages municipal leaders to convene business leaders, nonprofits, and other stakeholders to take advantage of federal programs that are now open for applications.

“USDA Rural Development stands ready to deploy our grant and loan programs to help your main street thrive,” explains Kate Bolz, USDA Rural Development Nebraska State Director.

USDA is making loans and grants available under the Rural Economic Development Loan and Grant (REDLG), the Rural Microentrepreneur Assistance Program (RMAP), and the Intermediary Relending Program for fiscal year (FY) 2024.

For example, the Center for Rural Affairs has partnered with USDA Rural Development to provide business based training and technical assistance in all 93 counties in Nebraska Rural Microentrepreneur Assistance Program.

Through this program, USDA provides funding to non-profits, Tribes, colleges, and universities to create revolving loan fund programs and support training and technical assistance for rural microentrepreneurs and microenterprises.

Rural businesses with 10 or fewer fulltime employees are eligible for loans and technical assistance.

Additionally, USDA Rural Development offers the Intermediary Relending

USDA Deputy Secretary of Agriculture XochitlTorres Small visits with Center for Rural Affairs staff and customers. Photo provided by USDA Rural Development.

Helping Main Street thrive USDA partners with Nebraska communities to spur rural job growth and economic development Program. This program provides lowinterest loans to local lenders known as intermediaries, who then relend the funds to businesses to improve economic conditions and create new opportunities in rural communities.

Eligible intermediary lenders include nonprofit corporations, cooperatives, federally recognized Tribes, and public agencies.

The Rural Economic Development Loan and Grant program also provides support to main street businesses.

USDA provides grants to local utility organizations, which use the funding to establish revolving loan funds to finance community facilities.

Specifically, applicants may use funds to support business startup, business expansion and business incubators;

technical assistance and feasibility studies; essential community facilities; and advanced telecommunications services and computer networks for medical, educational and job training opportunities.

Applications for any program must be submitted to the USDA Rural Development Nebraska office where the project is located no later than 4:30 p.m. local time on the following dates: Second Quarter: Dec. 31, 2023.

Third Quarter: Mar. 31, 2024.

Fourth Quarter: Jun. 30, 2024.

Interested applicants are encouraged to contact USDA at (402) 437-5551 or learn more at https://www.rd.usda. gov/ne.  USDA is an equal opportunity provider, employer, and lender.

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.

12

NEBRASKA MUNICIPAL REVIEW

Together, America Prospers

USDA Rural Development at a Glance Rural America’s Partner in Prosperity USDA Rural Development invests in rural America with loan, grant, and

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Nebraska State Office Kate Bolz, State Director kate.bolz@usda.gov Phone: (402) 437-5550 www.rd.usda.gov/ne

Water and Environmental Programs Business and Cooperative Programs

USDA is an equal opportunity provider, employer, and lender.

NOVEMBER 2023

13

Lazy river, disc golf, fishing pond and lots more at Gretna’s new $60 million park

More than just a neighborhood park...

A ‘full-community park’

BY JOE DEJKA THE OMAHA WORLD HERALD

The outdoor aquatics at Gretna Crossing will have a lazy river and a water slide. The center is expected to open summer 2024.

1414 Photo by Chris Machian, The Omaha World-Herald

Gretna Mayor Mike Evans checked the history.

The last time the City of Gretna built a community park was 1967, Evans said.

“We only had 1,400 people,” Evans said. “Eight thousand people later and 55 years later, it’s probably time for a bigger park.”

In September, city officials cut the ribbon on a big one.

The city opened a new 157-acre community park with a lazy river, waterslides, an amphitheater, a disc golf course, a fishing pond, 12 athletic fields, and a new YMCA building featuring an indoor competition pool.

The new Gretna Crossing Park is about a $60 million project, City Administrator Paula Dennison said.

City officials say the park, located at 21280 Capehart Road, satisfies a recreational need in the growing community.

“We have a tremendous number of parks that serve more the immediate neighborhood,” Dennison said.

“This, as a full community-of-Gretna park, sets us up to be able to serve the entire community for the next hundred years.”

She said when new businesses and industries inquire about moving to Gretna, one of their questions is about the quality of life.

“I talk to so many business owners and developers who are looking to build new or relocate from across the country,” she said. “And one of the things they keep saying is: ‘Our employees are looking for the top quality of life wherever they live.’”

Evans said Nebraska communities are competing with Kansas City, Minneapolis, Denver, and other areas, he said.

“That’s where our kids are moving to because they don’t have cool stuff,” he said. “So we have to work together to really deliver stuff like this to really help keep our talented kids in the state.”

The park is located about 1.5 miles north of the Nebraska Crossing shopping center, which sits at the Interstate 80 interchange with Nebraska Highway 31.

City officials said the park would complement any future development that might come in near the center as result of the Good Life Transformational Projects Act, passed by lawmakers last session.

Rod Yates, owner and developer of Nebraska Crossing, NEBRASKA MUNICIPAL REVIEW

had advocated for its passage as a way to further develop the area as a tourist destination.

Workers have been busy working on the aquatic park, with its waterslides and lazy river, which won’t open until next summer.

Gretna voters in 2020 approved raising the city sales tax half a cent to pay off bonds for the park’s construction.

Separately, voters approved a school bond issue that included money for the pool, which will be used by Gretna East and Gretna High swimmers and the public.

The city owns the new Gretna Crossing YMCA building, and it will be operated by the YMCA. The aquatics feature located outside the building also will be managed by the YMCA. “It’s the city, it’s the school district and the YMCA all working together to deliver this,” Evans said.

Rebecca Deterding, president and chief operating officer of the YMCA of Greater Omaha, said the 72,000-square-foot building is “definitely a showcase.”

“We’ll have plenty of space to do really all of our programs that serve the community,

The baseball and softball fields at the new Gretna Crossing Park. Photo by Chris Machian, The Omaha World-Herald from summer day camp, aquatics, swim lessons, health and wellness services,” she said.

The park’s fishing pond is stocked with largemouth bass, channel catfish and bluegill. Officials said it will be stocked with trout occasionally.

The amphitheater has ground seating for 1,200 people, and its smaller-size stage is geared to local events and performances.

The athletic fields include four baseball fields, four softball fields and four soccer fields. The fields, officials say, will make it a destination for outdoor sporting activities.

The dog park is sectioned for small and large dogs.

There are playgrounds and a trail system with a two-mile perimeter trail.

“Gretna’s always been a community that values being active, being part of the community, having things to do,” Evans said.

Gretna residents always have had places to gather, he said. But as the community grows, it needs more spaces, he said.

Dennison said it’s important that the city stay ahead of the demand.

“Our citizens and residents and property owners voted in this half-cent additional sales tax to construct and manage and operate this park on their behalf,” Dennison said. “And we are so proud to be able to say —‘We’re delivering.’”  The new park includes a stocked fishing pond. Photo by Reprinted with permission.

Chris Machian, The Omaha World-Herald

Passion Continued from page 9

Wragge said he remembers his paramedic class as a small group of students who came from all walks of life. They shared a lot and became friends, which helped to build relationships that he maintains when their paths cross.

While he always wanted to be a firefighter growing up, but it wasn’t until he was about 20 years old going out on a lot of calls that he realized “85% of the calls had nothing to do with fighting fires,” Wragge said.

Wragge credits Northeast for helping him expand his skills with paramedic training.

NOVEMBER 2023

“I had phenomenal instructors (at Northeast) and a solid team at Norfolk Fire to help me get my training,” he said.

Wragge and his wife, Erin, have two children, M.J. and Britlee.  Editor’s note: This story is an abridged and amended version of a story originally published by Northeast Community College. To read the original story in its entirety visit Northeast.edu/news and click: Improving their part of the world earns recognition for Northeast grads.

Thank you to Northeast for sharing this information with the League!

15

Putting the tools to work Officials take tour of LB 357 projects in York, legislative proponents see what their work generated STORY AND PHOTOS BY MELANIE WILKINSON JUST MELANIE W. - NEWS & OPINION FROM YORK Plattsmouth Mayor and former State Sen. Paul Lambert; York Public Schools Superintendent Mitch Bartholomew, Julie Adams and former York Mayor Greg Adams; York Parks and Recreation Director Cheree Folts; Plattsmouth City Administrator Emily Bausch; York City Administrator Sue Crawford and York Mayor Barry Redfern pose for a picture at Peyton Parker Lane Playground during the LB 357 tour.

B

ack in the day, 12 years ago, then-Speaker of the Nebraska Legislature Greg Adams (former Mayor of York) and then-state lawmaker Paul Lambert (current Mayor of Plattsmouth) charged ahead at the state level, working to override the then-governor’s veto to make LB 357 a reality.

LB 357 allowed cities to take on (through a local vote of the people) an additional ½-cent local sales tax, which could be used for specific, special projects for infrastructure and recreation. The requirement was that it would include a number of entities, including educational, in the process – in order to benefit quality of life projects that otherwise couldn’t happen with just straight property tax.

Their efforts were recognized this past week, as both Adams and Lambert, along with Lynn Rex, the Executive Director of the League of Nebraska Municipalities (an entity which lobbied for LB 357), were invited to York, to take an extensive tour of York to see what LB 357 has accomplished here. Also taking part in the tour were Emily Bausch, Plattsmouth City Administrator, and Julie Adams of York. Leading them on the tour were York Superintendent Mitch Bartholomew, York Parks and Recreation Director Cheree Folts, Mayor Barry Redfern and York City Administrator Sue Crawford.

16

Mincks Park in York was one of the many stops on the tour.

When York – with a local election – approved the extra sales tax for these purposes, it was one of maybe a dozen communities that had done so at that point.

Rex said the number is now 36, statewide, with more talking about moving forward because of the success communities such as York has seen.

NEBRASKA MUNICIPAL REVIEW

Since that time, many projects – big and small – have taken place here, which would not have taken place otherwise. The extra influx of revenue allowed the city to bond projects, use the LB 357 funds to make payments – when the bond payments had been met, the extra money could be used to fund smaller projects.

A committee – made up of people representing the city and the York School District – reviews projects and makes recommendations for the use of the funds.

During the tour, which included driving and walking because the projects have been spread out throughout the city, the visitors were highly impressed with the amount of projects which have been accomplished using this financial tool.

“It has certainly made an impact,” said Folts, as she started the tour at Levitt Stadium and East Hill Park.

Adams and former York Mayor Greg Adams; York City Administrator Sue “These things wouldn’t be here without it,” Mayor Redfern Julie Crawford; York Mayor Barry Redfern; Plattsmouth City Administrator Emily Bausch; said. “It’s changing York and will continue to, for many and Plattmouth Mayor Paul Lambert take a quick photo at East Hill Park. years. It’s had a huge impact. And it’s allowed us to keep our saw the eight fields and state-of-the-art accommodations. Folts talked property tax low.”

“It speaks well for York because not all communities will pass about the surge of visitors who have come to York since the complex something like this without faith in the local government,” was built. She also noted a recent economic impact study showed the complex brings in approximately $4.5 million to the city each year. added Rex. “The York community trusts the local government to do “We have completed our master tree plan, but because the trees what is said it would with that money, and it has done just are still so small, there is very little shade,” Folts said. “We have a $320,000 shade project coming, as this is a very busy place. This year that,” Adams said.

While at East Hill Park and Levitt Stadium, Folts told the was the first for our new camper spaces, which have been full every group how a $2.9 million turf project will soon take place tournament with no negative effects or issues.”

“This is a huge place and it is packed every at the stadium. weekend,” Bartholomew told the visitors about “The project will start as soon as “ We put the tools in the the football season is over,” she drawer and you took them and the approximately 46-acre space which was explained. “There will be excavation used them. Well done. It’s just built on city-owned wellfield land.

The group then made the short trip to the needed and it will include new amazing. I don’t know another football bleachers, as well as a community that has put LB 357 north to see the Peyton Parker Lane Playground. new exterior fence. We will get to work as much as York has, Folts explained how the all-inclusive park itself was created with locally donated funds; then new baseball dugouts. It’s a neat with great leadership.” the city, with LB 357 money, installed the project for the city, the school and Paul Lambert, infrastructure and restroom facility. the university. It’s hard to provide Former State Sen. and After a short jaunt to the elementary school, maintenance to a facility that never current Mayor of Plattsmouth Bartholomew showed the group the new sleeps as it is constantly in use. This playground surface areas which were recently turf will really help.”

Also pointed out at East Hill Park was the new tot installed. He also spoke to how LB 357 funds have been used at the playground, which was recently installed, with extra funds middle school to upgrade lighting. after bond payments. It also was noted the 30-year-old During a stop at the high school, the group heard how funds have playground on the south side of the park will be replaced been dedicated to lighting in the theater and for upgrading the high in the near future and the tennis courts on the east side will school track as well as resurfacing the tennis courts.

As the driving portion continued, the group was able to see what the be resurfaced.

“East Hill Park is going to get a major facelift,” Folts said. modified railroad crossings look like, as the establishment of the quiet zone was the very first LB 357 project in York. Crawford noted this All by using LB 357 funds.

Then the group traveled to the ballfield complex, where they Continued on page 18 NOVEMBER 2023

17

LB 357 Continued from page 17

project isn’t necessarily “seen” every day like the other projects, but how it has made such a difference for the quality of life of York residents.

Next stop was the brand new splash pad installed this year at Harrison Park, on the west side of town. There were many questions about how the splash pad works and a lot of conversation about how busy the site is during the summer.

The group concluded the several-hour tour at the community center and auditorium, where massive restoration/renovation projects have been done in the past few years. The projects will allow the facilities to be used for many, many years by the York community.

The group then attended the York City Council meeting where Adams and Lambert were presented with copies of a resolution – passed by the city council – to thank them for their hard work in seeing LB 357 become reality at the state level.

“We had a great tour today and we are honored to have them with us to show them what LB 357 has done for York,” Redfern said.

The resolution notes that in November 2014, residents approved the ½-cent sales tax for community infrastructure and recreation authorized by LB 357 and it “has been a valuable resource to the city to provide sales tax revenue for large projects while keeping its property tax rates well below the average for cities of York’s size.”

It also noted the HVAC upgrades at the library, improvements at the family aquatic center and major soccer field renovations as also being accomplished with LB 357 funds – on top of the sites the group visited earlier.

“It is hereby resolved that the city council salutes Speaker Greg Adams and Senator Paul Lambert and commends them for their efforts for the passage of LB 357, which legislation has provided substantial benefits to the City of York,” the resolution says further.

“2011 was a tumultuous time, as municipal aid was cut,” Adams said to the council and administration, remembering back to his time as speaker of the Legislature. “That was the reason we decided to seriously look at it. My concern was how the money would be used and Paul knows, we didn’t have a governor at that time who wanted this to pass. What I see today is what I needed to see then. It was a good piece of legislation. You always hope

18

York Mayor Barry Redfern presented Former Speaker Greg Adams and Plattsmouth Mayor and former State Sen. Paul Lambert with copies of a resolution–passed by the York City Council, thanking them for their hardwork in making LB 357 a reality. it will be a good piece of legislation. And what we saw today – who can argue with that? I applaud you. Mayor (Chuck) Harris was hounding me at that time, to get this passed, and I was happy it did. At that time, the legislative branch of the state government took an equal seat with the administrative branch.”

“I truly appreciate this,” Lambert told the council. “We put the tools in the drawer and you took them and used them. Well done. It’s just amazing how you grabbed the tools and then put them to work. I don’t know another community that has put LB 357 to work as much as York has, with great leadership. I was glad to do it back then and thank you for the work you do. The residents of York are very fortunate to have you as their leadership and to have the results of all this great work.”  Reprinted with permission. To read more stories from York and Melanie Wilkinson--visit www.justmelaniew.com.

NEBRASKA MUNICIPAL REVIEW

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The community of Lindsay is one of the awardees for a shovel-ready grant. The Lindsay Event and Wellness Center will expand the resources and offerings of the community.The renderings above and to the right are shared courtesy of MVP Architects and Lindsay Area Development (LAD).

Shovel-Ready

BY ASHLEY WOLFE MARKETING & COMMUNICATION DIRECTOR, LNM

Lindsay project - By the numbers

6k Local rural population served 50k Expected annual attendance Recent census shows population has increased by

13.4%

impact to $500k + Anticipated local businesses* (*10% of all visitors to the community spending $100 at other local businesses) (Data provided by LAD)

S

eventeen Nebraska nonprofits are ready to jump in and start working after being awarded a portion of $70 million to go toward shovel-ready building projects in their communities.

The Shovel-Ready Capital Recovery and Investment Act Program was approved by lawmakers and Gov. Jim Pillen for additional funding from the state’s General Fund during the 2023 legislative session.

The funds are to assist non-profits with capital projects that were either delayed due to coronavirus pandemic or are to provide positive economic impact to the State of Nebraska.

One of the funding recipients is Lindsay Area Development (LAD). The community of Lindsay is working to build an Event and Wellness Center to continue to expand the resources and offerings in their community. The wellness

Congressional District 1: • Malone Community Center, $3.3 million • Lancaster County Agricultural Society Inc., $5 million • Lindsay Area Development, $5 million

Grant Awardees

Congressional District 2: • Creighton Preparatory School, $3 million • Creighton University, $30 million • Duchesne College & Convent of the Sacred Heart, $5 million • Omaha Community Playhouse, $1.9 million • Rabble Mill, $2.67 million • YMCA of Greater Omaha (Armbrust), $750,000

20

Lindsay Area Development is one of 17 Nebraska nonprofits awarded funding to help with building projects

Congressional District 3: • Art Farm, $30,000 • Chadron Public Library Foundation, $640,054 • Grand Island Children’s Museum Inc., $5 million • National Arbor Day Foundation, $1.5 million • Robert Henri Museum and Historical Walkway, $113,280 • Siouxland Tennis Association Inc., $700,000 • Willa Cather Foundation, $350,000 • YMCA of McCook, $5 million

NEBRASKA MUNICIPAL REVIEW

center is being built in partnership with a local private school and in time a new high school facility for grades 7-12 will be built adjacent to the center.

This multi-purpose facility will provide access to a variety of services and programs that are currently difficult to access for both residents of Lindsay and the rural population in the region. This center will help alleviate the need for residents to leave town and in some cases drive 20+ miles to a neighboring community fitness center to have access to an indoor space to walk in the wintertime.

“For many of us with young kids, we were driving 50 miles one way for elementary basketball league games and playing schools that were within 10 miles of Lindsay. The important thing for a community our size is that this facility must be able to accommodate a wide range of offerings,” said Jenny Korth LAD secretary and treasurer. “For our community to have a strong economy, we have to create the infrastructure that provide both jobs and reasons for people to come or stay in town.”

Lindsay, like many rural communities, is experiencing difficulties attracting and retaining people who want to live and work within the community.

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Lindsay Continued from page 21

The residents of Lindsay prioritized the Event and Wellness Center through strategic planning and hope to ease some of these difficulties.

The community has high hopes for the impact this new center will generate for local businesses.

Amber Klassen, LAD president, said, “LAD’s mission, and the reason for it’s formation, was to strengthen the community for a sustainable future.

And we have seen over the years how interconnected all parts of the community are; the businesses, residents in town and the rural areas, church, school, all the visitors who come to work or play, and even our neighboring communities.”

According to Klassen, the Lindsay Area Event and Wellness Center will bring the community together on a much larger scale. Conservatively, LAD expects the facility to bring in $500,000 of new annual revenue to the local businesses. This calculation based upon the assumption that 20 percent of the 50,000 annual visitors spend $50. “[The revenue] could include topping off their tank of gas, getting concessions during the event, stopping for a coffee or snack, the few grocery items they need for supper while in town or enjoying the company of friends over drinks or a meal at the bar. As many of us have become more aware of what we spend when we go to other communities, this is likely on the low end,” Klassen said.

Currently, the community of Lindsay is a hub of activity. There is a large manufacturing plant, Lindsay Corp., that brings 400 employees into town each day. In addition, the grain elevator, multiple cattle feedlots, and other local agricultural businesses draw a high volume of traffic into the community.

“When we first began

back in 2017, we were told that we would over-estimate what we could accomplish in a year, but underestimate what could be done in 5 or 10 years.

Looking back of the past 6 years {...} we are seeing the truth in this.

”

Aaron Reichmuth, LAD director

In addition to creating a space to improve local health and wellness for Lindsay and the surrounding area, the center also will fill another need for the community by serving as a location to host large events and meetings.

Currently the maximum capacity for hosting a community event at the local school gym is 300 people. This new space will expand the offerings by allowing the space to accommodate weddings, conferences and other events not associated with the local school or church.

Aaron Reichmuth, LAD director and a founding member of the organization said, “When we first began back in 2017, we were told that we would overestimate what we could accomplish in a year, but under-estimate what could be done in 5 or 10 years. Looking back of the past 6 years for what we’ve accomplished and preparing for construction to start this spring on this project, we are seeing the truth in this.” 

NEBRASKA MUNICIPAL REVIEW

NOVEMBER 2023

23

Motivating Employees to Practice Safety

W

BY DAVE BOS, EXECUTIVE DIRECTOR, LEAGUE ASSOCIATION OF RISK MANAGEMENT

orkplace safety is a commonly used phrase, and every municipal employee has read or heard many safety tips, whether the information is from an instruction manual for a new piece of equipment or on a poster that’s been on the shop wall for years.

The difference between the number of safety tips given to employees and how they put those tips to practice can be the difference between them going home to their families at night or not.

Sadly, some people don’t take risk management practices seriously- no matter how many safety posters are on the wall. It is essential that everyone “buys in” to the importance of safety.

Here are six ways to motivate employees to have a safety mindset: Emphasize safety from day one by demonstrating it as a core value when hiring new employees. Safety practices

1.

should be established and confirmed they are understood before an employee uses a piece of equipment or starts a new project.

3.

5.

Include employees in setting safety policies. Placing safety cones behind their

vehicle every time they park may seem like overkill but backing into a parking spot so that they will drive ahead as they leave may seem more practicable. Get input from employees as to ways to set up the maintenance shop to make it safer.

Getting feedback and safety evaluations from all employees makes safety a team effort and not just a top-down management order.

It is important to rotate out old safety equipment and keep current with items that promote employee safety. Employees might interpret worn out reflective vests as safety not being a priority.

2.

For safety to be part of the municipality’s culture, every person involved in the management team must demonstrate the importance of safety by modeling safe behaviors. It is nearly impossible for employees to take safety seriously when management does not.

4.

6.

Do you have a safety committee that meets regularly? According to Nebraska State Law 48-

443, “every public and private employer subject to the Nebraska Workers’ Compensation Act shall establish a safety committee.” Those on the Safety Committee can significantly contribute to a safety culture that motivates employees through risk prevention speakers, training, and candid discussions about improving safety practices.

Include employees in the purchase of safety equipment, including personal protective equipment (PPE). If your municipality is a member

of the League Association of Risk Management (LARM), involve them in applying for a $500 grant to be used for safety equipment at www.larmpool.org.

Safety can be an overused byword rather than a term that refers to life-saving practices. Even though it can be easy for managers to overlook employees’ safety shortcuts, it’s essential to make an extra effort to provide a safe workplace environment. 

24

NEBRASKA MUNICIPAL REVIEW

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25

From NLC

City Fiscal Conditions report now available to download on NLC site

T

hree years after the pandemic outbreak, cities have recovered and have maintained a largely positive outlook about their near-term fiscal future. The National League of Cities (NLC) 2023 City Fiscal Conditions report analyzes data on a total of 820 cities (including the responses from 533 city finance officers from municipalities of various population sizes). Here are four key takeaways from this year’s report: • Cautious budgeting resulted in better preparation: The cautious approach by many cities in 2023 yielded increased reserves and limited spending, demonstrating that local governments remain good stewards of public dollars.

• Better able to weather inflation: Despite the challenge of inflation, the average city experienced more than a six percent increase in general fund revenues. Inflation is more manageable and cities are reaping some benefits of lower inflation.

• Federal aid had a positive impact on city budgets: Direct federal aid through the American Rescue Plan Act (ARPA) and the bipartisan infrastructure law was among the factors that had a positive impact on cities’ ability to balance their 2023 budgets.

• Planning for uncertainties: Making it through a strong 2022 fiscal year, our survey analysis reveals that many cities are still very cautious in their budgeting. They anticipate potential risks and uncertainties in the post-COVID era as they plan for the current and next fiscal year.

Among the concerns for local leaders is the expected end of federal funding through ARPA.

Voting Continued from page 6

on 11 ballots. That is a discrepancy rate of twenty-three thousandths of one percent. Of these 11 ballots, five were marked too lightly for the machine to read. The other six discrepancies were misfiled or misplaced ballots.

We also checked our voter registration rolls. We found that 682,745 voters across the state were shown on the voter rolls as having cast a ballot. We compared that with the 682,716 ballots that were counted. That’s a net variance of 29 ballots, which is a variance rate of four-thousandths of one percent.

26

Overall, local economies are healthy and have seen the increased value of city taxes.

Cities’ cautious approach to budgeting has helped them manage through these fiscally uncertain times.

The past several years have been challenging for America’s cities, towns, and villages but also full of opportunities and achievements.

Despite facing abnormally high levels of inflation during 2022, cities have seen their tax values surge as post-pandemic economic activities picked up, property values rose, and unemployment rates dropped to historic lows. Download the report to read more!  Reprinted from NLC.org.

To the best of my knowledge, none of the variance was attributable to machine error.

Our election officials across the state did an exemplary job of conducting an accurate and secure election. We owe a debt of gratitude to our friends and neighbors across the State of Nebraska who helped conduct an outstanding election for our citizens in 2022. I have every confidence that our 2024 Presidential election year voting will be accurate and secure in our state.  NEBRASKA MUNICIPAL REVIEW

The National Civic League is now accepting applications for the 2024 All-America City Award The National Civic League (NCL) is now accepting applications for the 2024 All-America City Award! The theme for 2024 is “Strengthening Democracy through Local Action and Innovation.”

NCL is looking forward to celebrating the 75th anniversary of the All-America City Award and will be working with communities to identify local threats to democracy and innovative ways of addressing them.

Apply to join the 11 communities from Nebraska that have won the AllAmerica City Award!

Communities interested in applying for the 2024 All-America City Award should submit a letter of intent to apply by December 14th, which saves applicants $100 on the application fee.

Please note that a letter of intent is not required to apply.

The application can be downloaded at https://www.nationalcivicleague. org/america-city-award/how-to-apply/ and is due February 13, 2024. Twenty finalists will be named in March of 2024 and will be invited to attend

the All-America City Award event in Denver, CO in June, during which the

10 eventual winners will be selected and announced. 

ENGINEERING ■ SURVEYING ■ PLANNING ■ DESIGN

Leading a successful and thriving community in our constantly changing world is no small task.

Take advantage of our free online resources to help your community address these challenges.

Scan to learn more or visit snyder-associates.com

Over 49 million homeowners will put themselves at risk this year by not contacting 811 before digging.* Whether you’re an excavator or a facility operator, keep yourself and those around you safe by helping to increase awareness about the importance of contacing 811 before digging. *According to a February 2023 survey of American homeowners.

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NOVEMBER 2023

27

THE LEGAL CORNER

Paying for health insurance coverage during FMLA leave

Michelle L. Sitorius

T

Roger D. Sack

he Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 weeks of jobprotected leave for qualifying family and medical reasons. i Employers should be aware of the different arrangements for the payment of an employee’s share of group health plan premiums from their FMLA-leave employees and what options are available to collect such payments.

If an employee has health insurance through an employer’s group health plan, they can continue their group health insurance coverage during FMLA leave on the same terms as if they had continued to work.ii To maintain such coverage while on FMLA leave, an employee must continue to make any normal contributions to the cost of health insurance premiums.

Employees can choose not to keep their group health plan coverage during FMLA leave. When they return to work, they have the right to be reinstated to the same coverage levels, including family or dependent coverages, as before their leave began.iii I. Paid FMLA Leave If the leave is substituted paid leave, then the employee’s share of premiums must be paid by the method normally used during any paid leave. The typical 28

BY MICHELLE L. SITORIUS & ROGER D. SACK, CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, LLP

method is a payroll deduction.iv II. Unpaid FMLA Leave If the FMLA leave is unpaid, the employer has several options for obtaining payment from the employee. Employers may require employees whose coverage will be maintained during an FMLA leave to pay their share of premiums in any of the following five ways: at the same time that premiums would be paid if by payroll deduction; on the same schedule that premiums would be paid under COBRA; pursuant to a cafeteria plan at the employee’s option (see later discussion); according to the employer’s existing rules for payment by employees on “leave without pay,” so long as such rules do not require prepayment of the premiums that will become due during the FMLA leave, or the payment of premiums higher than if the employee had continued to work instead of taking leave; or according to another system voluntarily agreed upon by the employer and the employee, which may include prepayment of premiums (e.g., through increased payroll deductions when the need for the FMLA leave is foreseeable).v Additionally, the employer must

provide its employees with advance written notice of the terms and the conditions under which payments must be made.vi The employer may not require a payment method that is not required of employees who are on non-FMLA leave.vii Employers can terminate coverage for employees whose payments are more than 30 days late, ending the employer’s obligation to maintain the employee’s health insurance coverage.viii Written notice must be provided to the employee before ending coverage. ix An established employer policy may provide for a grace period longer than 30 days.

III. Cafeteria Plan Administration A cafeteria plan may offer one or more of the following premium payment options to an employee who continues group health plan coverage while on unpaid FMLA leave. The payment options must be offered “on terms at least as favorable as those offered to employees not on FMLA leave.” x Payment options offered to employees on non-FMLA leave must also be offered to employees on FMLA leave. xi Employers and plan administrators should also make sure that the payment options that are offered are permitted under the cafeteria plan documents.

NEBRASKA MUNICIPAL REVIEW

A. Pre-pay option Under the pre-pay option, an employee can pay the amounts due for the FMLA leave period before the leave starts.xii The employee voluntarily elects to reduce their final pre-leave paycheck that will cover their share of premiums for all or part of the expected duration of the leave.xiii Prepay contributions can also be made on an after-tax basis.xiv During the leave, the employer pays their same share of contribution in the same manner as before the leave.

This option cannot be the sole option offered to employees on unpaid FMLA leave.xv However, the plan may include pre-payment as an option, even if the option is not offered to employees on non-FMLA leave.xvi The prepay option works best for employees who can plan for their leave in advance and their leave is for an expected duration.

B. Pay-as-you-go option Under the pay-as-you-go option, the employee pays their share of the cost of coverage in installments during their leave.xvii Contributions can be paid with after-tax or pretax dollars.xviii If the employee stops making contributions during their leave and the employer does not make payments on the employee’s behalf, benefits will cease.xix The employer will be required to restore coverage if and when the employee returns to work following completion of the employee’s leave.xx If the employer continues coverage by making payments on the employee’s behalf, FMLA regulations allow employers to recoup the employee’s share upon reemployment (see catch-up option discussion below).xxi The pay-as-you-go option must be offered to employees on FMLA leave if it is offered to employees on non-FMLA leave.xxii

C. Catch-up option The employer and the employee can agree in advance that the employer will advance payment of the employee’s share of the cost of coverage during the leave and the employee will pay the advanced amounts when they return from leave.xxiii Upon the employee’s return to work, they make special catch-up salary reduction contributions to cover their share that was advanced by the employer.xxiv Catch-up contributions can be made on a pre-tax or after-tax basis.xxv The catch-up option can be the sole option offered to employees on FMLA leave only if it’s the sole option offered under other types of unpaid leave.xxvi IV. Conclusion Employees have a right to their health insurance coverage during FMLA leave if they continue to make payments while on leave, and employers have the right to terminate coverage for FMLA leave employees if payments are not made.

Employers should ensure they follow FMLA regulations when they offer payment options to employees on FMLA leave and employees on non-FMLA leave. Additionally, employers should ensure that they provide themselves flexibility to address and to accommodate the various situations that may arise for their employees. For example and as noted above, there are three options employers can provide under a cafeteria plan for FMLA leave employees to make health insurance payments. Employers should also ensure that their payment procedures related to payment of health insurance coverage by employees during FMLA leave are consistently stated in any employer internal policies, employee handbooks, and health insurance documentation.

Editor’s Note: This article is not intended to provide legal advice to its readers. Rather, this article is intended to alert readers to new and developing issues. Readers are urged to consult their own legal counsel or the author of this article if they wish to obtain a specific legal opinion regarding their particular circumstances. The authors of this article, Michelle L. Sitorius and Roger D. Sack, can be contacted at Cline Williams Wright Johnson & Oldfather, L.L.P., 233 South 13th Street, 1900 US Bank Building Lincoln, NE 68508, (402) 474-6900, msitorius@clinewilliams.com, rsack@ clinewilliams.com, or www.clinewilliams.com.

Endnotes i 29 U.S.C. § 2601 et seq. ii 29 U.S.C. § 2614(c)(1). iii 29 U.S.C. § 2614(a). iv DOL Reg. § 825.210(b). v DOL Reg. § 825.210(c). vi DOL Reg. § 825.210(d)-(e). vii Id. viii DOL Reg. § 825.212(a). ix See DOL Reg. § 825.212(a)(1) for notice requirements when dropping an employee for late payments. x Treas. Reg. § 1.125-3, Q/A-3(a).

NOVEMBER 2023

xi Id. at Q/A-3(b). xii Treas. Reg. § 1.125-3, Q/A-3(a). xiii Id. xiv Id. xv DOL Reg. § 825.210(c)(3); Treas. Reg. § 1.125-3, Q/A-3(b)(1). xvi Id. xvii Treas. Reg. § 1.125-3, Q/A-3(a). xviii Id. xix Id. xx Id. xxi DOL Reg. § 825.212(b).

xxii xxiii xxiv xxv xxvi

Treas. Reg. § 1-125-3, Q/A-3(b)(3).

Treas. Reg. § 1-125-3, Q/A-3(a)(3).

Id. Id. Treas. Reg. § 1-125-3, Q/A-3(b)(2).

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PROFESSIONAL DIRECTORY

30

NEBRASKA MUNICIPAL REVIEW

PROFESSIONAL DIRECTORY

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Retirement Planning Investment Advising

31

BURBACH AQUATICS, INC.

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© 2023 BURBACH AQUATICS, INC.

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www.burbachaqua�cs.com NEBRASKA MUNICIPAL REVIEW