2021-04-26 SID 476 Minutes MINUTES OF MEETING
OF
SANITARY AND IMPROVEMENT DISTRICT NO. 476
OF DOUGLAS COUNTY, NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 476 of Douglas
County, Nebraska, was convened in open and public session at 8:30 a.m. on the 26th day of April, 2021, at
10250 Regency Circle, 2nd Floor, Omaha, Nebraska.
Present were: David Ward, Maria A. Michaelis, Steven P. Ziemba and Philip Fennelly (all present
via teleconference). Also present were Ric Hines, resident of the District (present via teleconference) and
John Q. Bachman, attorney for the District(personally attending).
Absent: None.
Notice of the meeting was given in advance thereof by publication in The Daily Record on April 21,
2021, a copy of the proof of publication being attached to these minutes. Notice of this meeting was
simultaneously given to all members of the Board of Trustees, and a copy of their acknowledgment of
receipt of notice is attached to these minutes. Availability of the agenda was communicated in the published
notice and in the notice to the Trustees of this meeting. All proceedings of the Board were taken while the
convened meeting was open to the attendance of the public. The agenda was at all times available at the
office for the District at 10250 Regency Circle, Suite 300, Omaha, Nebraska 68114. The meeting was held
via teleconference. Notice of the meeting was also posted on the entrance doors to 10250 Regency
Circle, Suite 300, as well as 10250 Regency Circle, 2nd Floor, including the call-in number for the meeting.
Photocopies of the notice being attached to the minutes.
The attorney for the District noted that the meeting was being conducted with one or more
individuals participating telephonically pursuant to Executive Order 21-02 of the Governor of the
State of Nebraska, Pete Ricketts. The option to participate in the meeting telephonically was
provided to all individuals requesting such information and was posted at the published location
of the meeting at least one hour prior to the commencement of the meeting. It was confirmed at
the outset of the meeting that all telephone participants could hear and be heard by those in
physical attendance and those participating telephonically. There was no public attendance or
participation.
The Chairman publicly stated to all in attendance that a current copy of the Nebraska Open
Meetings Act was available for review and indicated the location of such copy in the room where the
meeting was being held.
The undersigned Clerk hereby certifies that these minutes were written and available for public
inspection within ten (10)working days after the date of such meeting. The meeting was called to order.
The Chairman next presented the proof of publication of the Notice to Contractors for the
construction of the improvements entitled 2021 Park and Right-of-Way Maintenance(Whitehawk).
The Clerk then presented the list of bids and bidders for such work specified within the Notice to
Contractors with such bids having been taken on March 18, 2021, in accordance with the provisions of such
Notice to Contractors. The bids having been individually reviewed by E & A Consulting Group, Inc., the
District's engineers, and upon completion of such review, the engineers have submitted their Letter of
Recommendation which the Clerk was directed to attach along with a copy of the bid tabulations to these
minutes.
The Trustees received the two bids that were received for the 2021 Park and Right-of-Way
Maintenance (Whitehawk) project, the bid of Montemarano Landscape, Inc. in the amount of Eighty-Three
Thousand Four Hundred and no/100 Dollars ($83,400.00) and the bid from Royal Lawns Inc. in the amount
of Eighty-Seven Thousand One Hundred Eighty and no/100 Dollars ($87,180.00). There was a lengthy
discussion regarding the receipt of the two bids. The Chairman indicated that he had been in
communication with Royal Lawns, the current contractor for the green area maintenance regarding their
performance which had been deemed unsatisfactory to the District. Trustee Philip Fennelly indicated his
initial reaction was to accept the bid of Montemarano Landscape, Inc. Chairman Ward requested that the
District continue with Royal Lawns under its current arrangement and determine if their services improved
over the next sixty (60) to ninety (90) days.
After considerable discussion by the Board, the following resolution was duly moved and seconded
upon a roll call vote of the Trustees, David Ward, Maria A. Michaelis, Steven P. Ziemba and Philip Fennelly
voted "Aye"with none voting"Nay"thereby adopting the following resolution:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 476 of Douglas County, Nebraska, that both bids of
Montemarano Landscape, Inc. in the amount of Eighty-Three Thousand
Four Hundred and no/100 Dollars ($83,400.00) and Royal Lawns Inc. in
the amount of Eighty-Seven Thousand One Hundred Eighty and no/100
Dollars ($87,180.00)are hereby rejected by the District.
Discussion was next had concerning General Fund Warrant Nos. 7980 through 7990, payable to
Royal Lawns Inc. in the total amount of Fifty-Four Thousand Seven Hundred Sixty-Five and 90/100 Dollars
($54,765.90) issued at the February 15, 2021 meeting being held pending further clarification. Upon
discussion of the Trustees, the warrants are to be released for payment with possible adjustments made to
current services provided by Royal Lawns Inc. Thereafter, upon a motion duly made and seconded and
upon a roll call vote, all the Trustees, David Ward, Maria A. Michaelis, Steven P. Ziemba and Philip Fennelly
voted "Aye"with none voting "Nay"thereby adopting the following resolution:
RESOLVED, that the issuance and release of General Fund Warrant Nos.
7980 through 7990, payable to Royal Lawns Inc. in the total amount of
Fifty-Four Thousand Seven Hundred Sixty-Five and 90/100 Dollars
($54,765.90) issued at the February 15, 2021 meeting be approved,
adopted and ratified.
There were next presented miscellaneous bills, invoices, statements, and recommendations for the
Board's consideration.
There was next presented a statement from D.A. Davidson & Co. for annual municipal advisor fee,
invoice dated February 16, 2021 in the amount of Five Thousand and no/100 Dollars ($5,000.00). Note:
The invoice was waived by D.A. Davidson & Co. as a courtesy to the District.
There was next presented a statement from Utilities Service Group for manhole cleaning at 19653
Blaine Circle, Invoice No. 14622 in the amount of Five Hundred Fifty and no/100 Dollars ($550.00).
There were next presented statements from Centennial Enterprises Inc. for snow removal as
follows: (i) from January 16, 2021 through January 27, 2021, Invoice No. 56709 in the amount of Three
Thousand Four Hundred Fifty and no/100 Dollars ($3,450.00); and (ii) from February 4, 2021 through
February 21, 2021, Invoice No. 56771 in the amount of Five Thousand and no/100 Dollars ($5,000:00); said
statements being in the aggregate amount of Eight Thousand Four Hundred Fifty and no/100 Dollars
($8,450.00).
There was next presented a statement from Champion Tree, LLC for tree trimming, pruning and
haul-away, Invoice No. 3091 in the amount of Fifteen Thousand and no/100 Dollars ($15,000.00).
There were next presented statements from One Call Concepts, Inc. for line locating services as
follows: (i) for the month of February, 2021, Invoice No. 1020618 in the amount of Three and 08/100
Dollars ($3.08); and (ii) for the month of March, 2021, Invoice No. 1030621 in the amount of Eighteen and
08/100 Dollars ($18.08); said statements being in the aggregate amount of Twenty-One and 16/100
Dollars ($21.16).
There was next presented a statement from Lutz & Company, PC, accountants for the District for
preparation of IRS Forms 1099 and 1096, Invoice No. 277408 in the amount of Two Hundred Eighty and
no/100 Dollars ($280.00).
There were next presented statements from E &A Consulting Group, Inc., engineers for the District
for services rendered as follows: (i) from December 21, 2020 through January 17, 2021, Invoice No.
155052 in the amount of One Thousand Fifty-Six and 41/100 Dollars ($1,056.41); (ii) from December 21,
2020 through January 17, 2021, Invoice No. 155053 in the amount of One Thousand Eight Hundred Thirty-
Seven and 49/100 Dollars ($1,837.49); (iii) from January 18, 2021 through February 14, 2021, Invoice No.
155413 in the amount of One Thousand One Hundred Fifty-Seven and 77/100 Dollars ($1,157.77); and
(iv) from January 18, 2021 through February 14, 2021, Invoice No. 155414 in the amount of One Hundred
Forty and 88/100 Dollars ($140.88); said statements being in the aggregate amount of Four Thousand One
Hundred Ninety-Two and 55/100 Dollars($4,192.55).
There were next presented statements from Omaha Public Power District with respect to Account
No. 0854192562 for services from January 27, 2021 through March 29, 2021; said statements being in the
aggregate amount of Eight Thousand Two Hundred Ninety-Seven and 20/100 Dollars ($8,297.20).
The previously described bills, invoices, recommendations and statements having been presented
for the Board's consideration and after review and discussion of such items, the following resolution was
duly moved and passed:
RESOLVED, by the Board of Trustees of Sanitary and Improvement
District No. 476 of Douglas County, Nebraska, that the Chairman and
Clerk be and they hereby are authorized and directed to execute and
deliver Warrant Nos. 8007 through 8017 of the District, dated the date of
this meeting, to the following payees and in the following amounts, said
Warrants to be drawn on the General Fund of the District and to draw
interest at the rate of seven percent (7%) per annum and to be redeemed
no later than April 26, 2024, subject to extension of said maturity date by
order of the District Court of Douglas County, Nebraska, after notice is
given as required by law, to-wit:
Warrant No. 8007, for the amount of Five Hundred Fifty and
no/100 Dollars($550.00), payable to !utilities Service Group, Inv. 14622.
Warrant No. 8008, for the amount Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 8009, for the amount of Three
Thousand Four Hundred Fifty and no/100 Dollars ($3,450.00), payable to
Centennial Enterprises Inc., Inv. 56709, 56771.
Warrant Nos. 8010 through 8012, each for the amount of Five
Thousand and no/100 Dollars ($5,000.00), payable to Champion Tree,
LLC, Inv. 3091.
•
Warrant No. 8013, for the amount of Twenty-One and 16/100
Dollars ($21.16), payable to One Call Concepts, Inc., Inv. 1020618,
1030621.
Warrant No. 8014, for the amount of Two Hundred Eighty and
no/100 Dollars ($280.00), payable to Lutz & Company, PC., Client No.
14136.1709.
Warrant No. 8015, for the amount of Four Thousand One
Hundred Ninety-Two and 55/100 Dollars ($4,192.55), payable to E & A
Consulting Group, Inc., Inv. 155052, 155053, 155413, 155414.
Warrant No. 8016, for the amount of Five Thousand and no/100
Dollars ($5,000.00), and Warrant No. 8017, for the amount of Three
Thousand Two Hundred Ninety-Seven and 20/100 Dollars ($3,297.20),
payable to Omaha Public Power District, Acct. No. 0854192562.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 476 of Douglas County, Nebraska, that both
they and the district hereby find and determine and covenant, warrant
and agree as follows: the improvements and/or facilities being financed
or refinanced by the above Warrants are for essential governmental
functions and are designed to serve members of the general public on an
equal basis; all said improvements have from the time of their first
acquisition and construction been owned, are owned and are to be
owned by the District or another political subdivision; to the extent
special assessments have been or are to be levied for any of said
improvements, such special assessments have been or are to be levied
under Nebraska law as a matter of general application to all property
specially benefited by said improvements in the District; the development
of the land in the District is for residential or commercial use and the
development of the land in the District for sale and occupation by the
general public has proceeded and is proceeding with reasonable speed;
other than any incidental use of said improvements by a developer
during the initial period of development of said improvements, there have
been, are and will be no persons with rights to use such improvements
other than as members of the general public; none of the proceeds of
said Bonds or any refinanced indebtedness have been or will be loaned
to any private person or entity; the District hereby authorizes and directs
the Chairperson or Clerk to file or cause to be filed, when due, an
information reporting form pursuant to Section 149(e) of the Internal
Revenue Code of 1986, as amended, pertaining to the above Warrants;
and the District does not reasonably expect to sell or otherwise dispose
of said improvements and/or facilities, in whole or in part, prior to the last
maturity of the above Warrants.
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 476 of Douglas County, Nebraska, that the
District hereby covenants, warrants and agrees as follows: (a) to take all
actions necessary under current federal law to maintain the tax exempt
status (as to taxpayers generally) of interest on the above Warrants; and
(b) to the extent that it may lawfully do so, the District hereby designates
the above Warrants as its "qualified tax exempt obligations" under
Section 265(b)(3)(B)(i)(III) of the Internal Revenue Code of 1986, as
amended, and covenants and warrants that the District does not
reasonably expect to issue warrants or bonds or other obligations
aggregating in the principal amount of more than $10,000,000 during the
calendar year in which the above Warrants are to be issued.
FURTHER RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 476 of Douglas County, Nebraska, that this and
the preceding Resolutions are hereby adopted as the Certificate With
Respect to Arbitrage of the District pertaining to the above Warrants and
the District and the Chairman and Clerk of the District hereby further
certify, as of the date of the registration of the above Warrants with the
County Treasurer of Douglas County, Nebraska, as follows:
1. No separate reserve or replacement fund has been or will be
established with respect to the above Warrants. The District reasonably
anticipates that monies in its Bond Fund reasonably attributable to the
above Warrants in excess of the lesser of: (a) ten percent(10%) of the net
principal proceeds of the above Warrants, (b) the maximum annual debt
service due on the above Warrants, or(c) one hundred twenty-five percent
(125%) of average annual debt service due on the above Warrants will be
expended for payment of principal of and interest on the above Warrants
within thirteen (13) months after receipt of such monies. That amount
which is currently held in the District's Bond Fund which exceeds the
amount which is to be expended for payment of principal and interest on
the above Warrants within thirteen (13) months after receipt of such
monies, plus that amount arrived at pursuant to the immediately preceding
sentence, will not be invested in any securities or any other investment
obligations which bear a yield, as computed in accordance with the
actuarial method, in excess of the yield on the above Warrants.
2. To the best of their knowledge, information and belief, the above
expectations are reasonable.
3. The District has not been notified of any listing of it by the Internal
Revenue Service as an issuer that may not certify its bonds.
4. This Certificate is being passed, executed and delivered pursuant
to Section 1.148-2(b)(2) of the Income Tax Regulations under the Internal
Revenue Code of 1986, as amended.
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The Clerk next reviewed the Agenda which had been available for public inspection in accordance
with the law prior to this meeting of the Board of Trustees and reported that all matters considered by the
Board at this meeting appeared on the Agenda.
Maria A. Michaelis, as Clerk for Sanitary and Improvement District No. 476 of Douglas County,
Nebraska (the "District") does hereby certify that the above proceedings are a true and accurate statement
of the proceedings had by the District at its April 26, 2021 meeting.
,07.(k, u,Gc.ki,„21„,
n�A. Mic
haelis, Clerk