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March 9, 2012                                                                 www.nacone.org   NACO E-Line Archive 

Upcoming Events

Central District Meeting

Quality Inn, Hastings

March 15, 2012

 

Northeast District Meeting

Lifelong Learning Center, Norfolk

March 16, 2012

 

Panhandle District Meeting

Country Club, Alliance

March 28, 2012

 

West Central District Meeting

Sandhills Convention Center, North Platte

March 29, 2012

 

The NACO Budget Workshop scheduled for Thursday, May 10, 2012 in Kearney has been canceled.

 

To view all upcoming events click here

 

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 National Insurance

 

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AssocMembersAssociate and Sustaining Members

NACO Associate and Sustaining Members enable NACO to enhance its continuing education programs for county officials across the state. Visit NACO's complete associate and sustaining membership list here.

 

EducationFoundationEducation Foundation Memorial Program

A gift to NACO's Education Foundation ensures that the children of county officials and county employees are eligible to apply for scholarships to continue their education at Nebraska's higher learning institutions. Whatever their passion - history, art, music, science, education, sports - the NACO Education Foundation will provide them an opportunity to fund their education beyond the K-12 level. Memorial gifts to NACO's Education Foundation are tax deductible and will be a lasting legacy in honor of your loved one's commitment to educating the children of Nebraska's county officials and employees. For more information about how to make a memorial gift, please contact Larry Dix  / 402-434-5660 ext. 226.

 

 

 

 

 

 

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Don't Forget Daylight Saving Time! 

Daylight Saving Time begins this Sunday, March 11 at 2:00 a.m. local time. . .
Don't forget to set your clocks ahead one hour!

JuvenilJusticeIn This Issue

Nebraska Weed Control Assocation 2012 Awards

Legal Line

Nationwide/NACo 2012 Scholarship

Nebraska Crime Commission Grant Announcements

Technical Assistance Partnership Releases Juvenile Justice Publications

2012 Directory of County Officials

News Across the State

News from NACo

NACo Web-based Education

Legal Calendar

County Classifieds

Associate & Sustaining Members

NACO Education Foundation Memorial Program

 

NWCANebraska Weed Control Association 2012 Awards
NWCA 2012 Image
To view all photos from the NWCA Conference click on the above photo
NORTH PLATTE -Weed Control Superintendents from the Sandhills Weed Management Area recently attended the 65th Annual Nebraska Weed Control Association Conference held at the Sandhills Convention Center in North Platte, February 6-8, 2012.

  

Seventy counties were represented at the conference.  To qualify for continuing education credit hours weed control superintendents are required each day to answer roll call morning and afternoon, then complete and pass an exam at the end of each day. This conference was one of four opportunities each year for county weed superintendents to obtain the required 20 hours of annual continuing education.

 

Speakers and topics for the conference included: Jerry Volesky, Grassland Recovery and Response After Wildfire; Steve Rolfsmeier, CSC Herbarium, Native/Non-Native Plants; Kelly Sharp, Missouri River Watershed Coalition/ Wild Dakota/Public Relations; Jim Stubbendieck, Nebraska's Dynamic Vegetation; Jim Gray, 2,4-D Task Force; Rod Stolcpart, Websites used for Job Enhancement; Brian Baxter, Union Pacific Bailey Yards; Karie Decker, EDDmaps; Bill Whitney, Prairie Plains Resource Institute; Scott Marsh, Kansas Dept. of Ag; and Michelle Koch, Endangered and Threatened Species Review.

 

The annual banquet and awards ceremony was enjoyed on Tuesday evening with Leroy Janssen, NACO President and Rick Windham, keynote speaker as special guests.  President Bruce Rumsey of Clay County handed the gavel over to new NWCA President Charles Brooks of Phelps County.  Brian Crabtree of Hamilton County was elected as the new NWCA Vice President.

 

The 2013 conference will be held in Kearney.

 

LegalLineLegal Line
Editor's Note: Legal Line is a feature that will periodically appear in NACO E-Line. This edition has been prepared by Elaine Menzel, a member of the NACO legal staff. Legal Line is not intended to serve as legal advice. Rather, it is published to alert readers to court decisions and legal or advisory matters important to county government. For a specific opinion on how the information contained in this article or that which will be discussed in future issues relates to your county, consult your county attorney or personal counsel.

  

In Dowd Grain Co. v. County of Sarpy, 19 Neb. App. 550, -- N.W.2d -- (2012), the Court of Appeals ultimately affirmed summary judgments entered in favor of the County, the County Department of Planning and Building and others.  The litigation was before the Court for a second time.

 

The Court held that the time of decision rule generally requires that the zoning ordinance and regulations in effect at the time of a court's decision control its outcome. The Court cited the Nebraska Supreme Court decision in Whitehead Oil Co. v. City of Lincoln, 234 Neb. 527, 451 N.W.2d 702 (1990). In that case, the company filed its land-use permit application before the city adopted a change of zone; thus, it argued that it had acquired a vested right to use the prop­erty at issue in a manner consistent with the zoning in effect at the time of filing its permit application. The Supreme Court reasoned that a landowner had no vested right in the continu­ity of zoning in a particular area so as to preclude subsequent amendment, and a zoning regulation may be retroactively applied to deny an application for a building permit even though the permit could lawfully have been issued at the time of application. (Citations omitted.)

 

The Court acknowledged there are exceptions to the time of decision rule; however, they did not find any applicable exception under the circumstances presented by this appeal.

 

Pursuant to section 23-114(1), the purpose of the building permit is to ensure compli­ance with the zoning regulations and the statute emphasizes the importance of obtaining such compliance before the con­struction of a building or structure.

 

The arguments of the complainant for the law-of-the-case res judicata, and collateral estoppel doctrines rendered the new overlay district ordinance immaterial and irrelevant. The Court rejected the complainant's argu­ment for a number of reasons.

 

The Court found, that the revised regulation made the issues raised by the com­plaint moot and that the pub­lic interest exception to the mootness doctrine did not apply.  The Court further concluded that any error in admitting an individual's affidavits was harmless and not reversible error.

 

For the full text of the case click here.

 

NationwideScholarshipNationwide/NACo 2012 Scholarship

Nationwide will give four NACo college scholarships-each worth $2,000 to four high school seniors whose parent or grandparent participates in NACo's 457 Deferred Compensation Plan. Throughout their 32-year relationship, Nationwide and NACo have been committed to helping you plan for your retirement as well as your family's future!

 

Deadline for application is April 16, 2012. 

 

Click here for additional information.

 

NCCGrantsNebraska Crime Commission Grant Announcements

2011 Title V Delinquency Prevention Grant

Deadline: April 13, 2012

 

2011 Juvenile Accountability Block (JABG) Grant

Deadline: April 23, 2012

 

2012 Victims of Crime Act (VOCA) Grant

Deadline: April 26, 2012

 

Detailed information, instructions, and applications can be found on the Nebraska Crime Commission's Announcements & Applications webpage.

 

juvjustpubTechnical Assistance Partnership Releases Juvenile Justice Publications 

The Technical Assistance Partnership for Child and Family Mental Health (TA Partnership) has released three new publications to help communities meet the mental and behavioral health needs of youth in the juvenile justice system.

 

For more information on the new  publications click here.

 

Directory2012 Directory of County Officials

The order form for the NACO 2012 Directory of County Officials is available here or on the NACO website. Each directory is $17 if tax-exempt or $18 if taxable.

 

StateNewsNews Across the State

Links are to outside sources and may not be available indefinitely

 

Former County Official of the Year Charles Egr Passes Away

Svoboda Funeral Home

 

Bond Vote to Set Course For County

McCook Daily Gazette, 2/28/12

 

Last Ditch Effort to Stop Prairie-Dog Bill

Omaha World Herald, 2/29/12

 

A Hall County Sales Tax

Grand Island Independent, 3/1/12

 

Senator Campbell Introduces LR 443 on Behalf of Charles EgrNebraska Legislature, 3/5/12

 

County Government Day Educates Students

York Times, 3/6/12

 

Right Sizing the Tax Cuts

Lincoln Journal Star, 3/7/12

 

Prairie Dog Bill Passes

Lincoln Journal Star, 3/8/12

  

  

NACoNewsNews from NACo 

NACo_LogoNational County Government Month

 

National County Government Month, celebrated each April, provides an outstanding opportunity for you to talk proudly about programs and services that help the residents of your county.

 

The theme this year is Healthy Counties, Healthy Families.

 

To see all the resources provided by NACo to help you plan activities, click here.

 

NACo 2012 Western Interstate Region Conference

 

Santa Fe County, New Mexico is hosting NACo's 2012 Western Interstate Region (WIR) Conference, May 16-18, 2012.

 

NACo's WIR Conference focuses on public lands and other issues critical to the western region of the United States. This year's conference will feature Dr. Lowell Catlett, a regent's professor/dean and chief administrative officer at New Mexico State University's College of Agricultural, Consumer and Environmental Sciences. An exciting futurist, Catlett's knowledge of technologies and their implications on the way Americans live and work is addressed in his upbeat presentations.

 

For additional information about the conference and to register, click here.

 

NACoWebEdNACo Web-based Education 
NACo Prescription Discont Card Program:  More Resources, More Success!
Wednesday, March 14, 2012
1:00 PM - 2:15 PM CDT
 
Hear about the latest program news including the new marketing fee reimbursement option for participating counties or counties that are initiating the program. Get your questions answered and hear about the robust array of free resources available to you to administer this free, member exclusinve program. Your county residents will thank you.

This is a NACo members only webinar. You must log in to the Member Center to register.

Cost Effective Innovations to Improve County Employee Health Care
Thursday, March 22, 2012
1:00 PM - 2:15 PM CDT

Limited county budgets and rising health care costs are placing significant challenges on county employee health plans. This webinar will feature a range of ideas about how your county can better manage employee health care to promote wellness and potentially help lower health care costs.

Register here.
 
Kentucky Justice Reform: Enhancing Public Safety and Improving Performance
Thursday, March 29, 2012
1:00 PM - 2:15 PM CDT
 
In 2011 Kentucky passed the Public Safety and Offender Accountability Act, a justice reform law to address growing jail and prison populations. To reduce recidivism, the law strengthens probation and parole and established mechanisms for measuring progress over time. This webinar will provide and examination of Kentucky's process for implementation of the law, the effects on counties and what role they play in overall reform efforts.
 
Register here.

County Operated Senior Care Facilities:  Reposition, Re-Engineer or Retreat?
Thursday, April 19, 2012
1:00 PM - 2:15 PM CDT

Within the context of health reform and significant financial pressures, counties are revisiting how to provide senior health care services in a high quality, cost-effective manner. This webinar is designed for counties that continue to operate and fund long term care centers. Learn about ways your county can address the challenges inherent in providing senior health services by implementing innovative strategies to provide quality care that can also offer fiscal relief to your county.

Register here.

For more information on these or other upcoming or previous webinars, visit the NACo Web-based Education page.
 
Nebraska Association of County Officials
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