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MEETING MINUTES
OCTOBER 18, 2005
CONFERENCE ROOM C
LOWER LEVEL, NEBRASKA STATE OFFICE BUILDING
301 CENTENNIAL MALL SOUTH, LINCOLN, NE
OPENING
Chairman Dan Stoeber called to order the October 18, 2005 regular meeting of the
Nebraska Real Estate Appraiser Board at 9:00 a.m. Board members Tim Kalkowski, Jim
Bain, Kevin Kroeger, Sheila Newell and Dan Stoeber were present. Jill Ekstein,
Director, was also present.
NOTICE OF MEETING
Chairman Stoeber announced the notice of the meeting was published in the Lincoln
Journal Star, a newspaper of general circulation in Nebraska, as required by the public
meeting law. The public notice and proof of publication relating to this meeting are
attached and made part of these minutes.
AGENDA
Chairman Stoeber asked if there were any additions or corrections to the agenda. Kroeger moved to approve the agenda as printed. Kalkowski seconded. The motion carried with Kalkowski, Bain, Kroeger, Newell and Stoeber voting aye.
GUESTS
Chairman Stoeber welcomed the guests in attendance. Present were Diane Moore, President of the Moore Group; Cay Lacey; Gary McCormick; and, Ann Brock.
MINUTES
Chairman Stoeber asked for any additions or corrections to the minutes of the September 20, 2005 meeting. Newell moved to approve the minutes acknowledging the action on Education will be address in this meeting under unfinished business, item #1. Bain seconded. The motion carried with Bain, Kroeger, Kalkowski, Newell and Stoeber voting aye.
DIRECTOR’S REPORT
Director Ekstein reported the renewals were steadily being received. Ekstein informed
the Board she had researched some possibilities for changing and improving the website
and the appraiser database; however, both options were fairly expensive. She stated she
would continue to use the current database and individually check each appraiser’s record
as she processed the renewals.
CHAIRMAN’S REPORT
Chairman Stoeber reminded board members that Vice Chairman Kroeger and Director Ekstein would be accompanying him to the AQB and ASB meetings in Washington, D.C. at the end of the month. He stated there will be another implementation meeting in Las Vegas in December.
Stoeber informed the Board the Appraisal Subcommittee Review had been received in
the Board office. He stated he had written a response to the letter and mailed it to the
ASC earlier in October. Chairman Stoeber and Director Ekstein worked together to
respond to the review. In order to comply with the ASC, the Nebraska Real Estate
Appraiser Board will have to make changes to the Rules and Regulations as well as the Real Estate Appraiser Act. Chairman Stoeber commented on the ASB USPAP Q&A
from October.
EXPENDITURES
Director Ekstein presented the expenditure report for September. She reminded the
Board there are still some expenses the Board has approved which have not been posted.
Kroeger moved to accept the September expense report. Newell seconded the motion.
The motion carried with Kalkowski, Bain, Kroeger, Newell and Stoeber voting aye.
UNFINISHED BUSINESS
Educational Offerings
Newell commented during the September meeting, the Board tried to accommodate everyone in regard to the education. She noted the Rules and Regulations required courses and seminars be approved prior to advertising. The motion made in the September meeting allowed providers to advertise the offerings prior to Board approval. Newell read the section 004.01 from the Rules and Regulations.
Newell moved to amend the motion “ The Nebraska Real Estate Appraiser Board adopt
the policy for any continuing education offered after January 1, 2006, be resubmitted for
Board approval a minimum of 60 days prior to the date the education is to be taught and
the fee associated with the seminar will be based on the renewal fee and furthermore, the
seminars can be advertised prior to Board approval” to “The Nebraska Real Estate
Appraiser Board adopt the policy for any continuing education offered after January 1,
2006, be resubmitted for Board approval a minimum of 60 days prior to the date the
education is to be taught and the fee associated with the seminar will be based on the
renewal fee.” Kroeger seconded the motion. The motion carried with Bain, Kroeger,
Newell, Kalkowski and Stoeber voting aye.
Statute - Rules & Regulations
Board member Bain asked to correct the statement made in June regarding the Board’s
ability to lobby. Bain stated he spoke with Frank Daley from Accountability and
Disclosure. Daley said the Board could do about anything we wanted to in order to get a
bill passed. Whatever we need to do, we can do, according to Mr. Daley. Chairman
Stoeber indicated the Board would receive guidance as needed in the process.
Bain asked to have clarification regarding the Statute and Rules and Regulations
committee. He asked if it had been disbanded. Chairman Stoeber explained after the
final report had been given by Cay Lacey, the Board has taken into consideration all of
the input. Kroeger explained the Board has received the information and will move
forward as the Board to make the necessary changes but that the committee was
disbanded.
NEW BUSINESS
Chairman Stoeber announced there was no new business for this meeting.
GENERAL PUBLIC COMMENTS
Letter from Philip Erdman
The Board received a letter from Philip Erdman asking the Board to reconsider its
decision regarding the firm date vs. the segmented date for the 2008 AQB Criteria
Implementation in Nebraska. Chairman Stoeber explained the Board had participated in
numerous discussions at various meetings and the issue is confusing. The Board had not
received any input regarding the decision of the scenarios. Stoeber continued the Board
had voted on the decision and was now receiving some input.
Letter from Jan Anderson
The Board received a letter from Jan Anderson regarding the firm date vs. segmented date for the implementation. Kroeger suggested the Board read the letters received and place the item on the agenda for the November meeting. The Board may reconsider the firm date vs. segmented date for implementation if additional comments are received.
The Board took a fifteen minute recess.
At 10:10 a.m., Vice Chairman Kroeger moved that the Board go into Executive Session
for the purpose of reviewing qualifications of applicants and consideration of written
complaints. A closed session is clearly necessary for the prevention of needless injury to
the reputation of the individual or individuals involved in the personal matters relating to
applications to be reviewed, performance and disciplinary matters to be considered and
personnel matters. Newell seconded the motion. The motion carried with Kalkowski,
Bain, Kroeger, Newell and Stoeber voting aye.
Kroeger moved the Appraiser Board come out of closed session at 10:41 a.m. Bain
seconded the motion. The motion carried with Newell, Kalkowski, Bain, Kroeger and
Stoeber voting aye.
APPLICANTS
Newell moved to approve the following applications:
Registered
R510 John Thomas Dunn
R511 Scott G. Harsh
R512 Cheryl Lynn Stratman
R513 David Joseph Hannon
R10051 Gary Kevin Corcoran
R10052 Joan M. Goodrich
Licensed
L411 Stephen J. Folmer
L520 Larry Fox
Certified Residential
CR513 Mickey A. Tuttle
Newell continued with the following:
L10051 – applicant needs to take the 2 day tested National USPAP – application denied
L10052 – send reports out for review of USPAP compliance
L10053 – experience log does not meet criteria-application denied
L600 – send reports out for review of USPAP compliance
L10054 – send reports out for review of USPAP compliance
L10055 – experience log is incomplete-application denied
L521 – application is incomplete-denied
Kroeger seconded the motion. The motion carried with Kalkowski, Bain, Kroeger,
Newell and Stoeber voting aye.
Newell moved the following:
Certified General
CG10051 – send reports out for review of USPAP compliance
Kalkowski seconded the motion. The motion carried with Bain, Newell, Kalkowski and Stoeber voting aye. Kroeger abstained.
PERSONNEL
Newell moved to ratify the Agency Director’s and Chairman’s decision to dismiss at-will employment of Connie Snider, Staff Assistant II, with the effective date of October 11, 2005. Kroeger seconded the motion. The motion carried with Kroeger, Newell, Bain, Kalkowski and Stoeber voting aye.
Kroeger moved to authorize the Agency Director and the Chairman to hire a Staff Assistant for the Director. Bain seconded the motion. The motion carried with Newell, Bain, Kalkowski, Kroeger and Stoeber voting aye.
The meeting was adjourned at 10:50 a.m.
Respectfully Submitted,
Jill Ekstein Director
These minutes were available for public inspection on October 24, 2005, in compliance with Nebraska Statute §84-1413(5).