Loading...
2021-07-08 SID 446 Minutes MINUTES OF MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 446 OF DOUGLAS COUNTY, NEBRASKA A meeting of the Board of Trustees of Sanitary and Improvement District No. 446 of Douglas County, Nebraska, was convened in open and public session at 4:30 p.m. on July 8, 2021, at 14710 West Dodge Road, Suite 100, Omaha, Nebraska. Present were: Trustees Richard Ramm, Daniel T. Pleiss, Keith Priest, and John Sanderhoff; Absent: Trustee Martin W. Nelson. Also present were Martin P. Pelster of Croker Huck Law Firm, Attorneys for the District; and Dave Mclvor of Lamp Rynearson, Engineers for the District. Notice of the meeting was given in advance thereof by publication in The Daily Record, Omaha, Nebraska, on June 30, 2021, a copy of the Proof of Publication being attached to these minutes. Notice of this meeting was sent to the Omaha City Clerk, Omaha, Nebraska, not less than seven (7) days prior to the date of this meeting. Notice of this meetine 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 undersigned Acting Clerk hereby certifies that these minutes were written and available for public inspection within ten (10) working days after the date of said meeting. After calling the meeting to order and completion of roll call, 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. With respect to Agenda Item No. 3, in the absence of the Clerk, the following resolution was duly moved and seconded, to-wit: BE IT RESOLVED that Trustee Daniel T. Pleiss he and hereby is appointed to serve as Acting Clerk for this meeting. On roll call on the foregoing resolution, the following Trustees voted aye: Richard Ramm, Daniel T. Pleiss, Keith Priest, and John Sanderhoff; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution duly carried and adopted. The Chairman directed the Board's attention to Agenda Item No. 4, Ratify Approval of Minutes of the meeting held on March 25, 2021. It was duly moved and seconded that the minutes of the Board meeting held on March 25, 2021 are approved as written, and the actions of the Chairman and Clerk in executing said minutes be, and hereby are, ratified and confirmed in all respects. Upon roll call vote thereon, the following Trustees voted aye: Richard Ramm, Daniel T. Pleiss, Keith Priest, and John Sanderhoff; voting nay thereon were the following Trustees: None. The Chairman then declared the motion to be duly carried and adopted. Minutes of Meeting of Board of Trustees July 8, 2021 SID No. 446 of Douglas County, Nebraska Page 2 With regard to Agenda Item No. 5, Ratify Chairman's Execution of Paying Agent and Registrar Agreement with BOKF, National Association, Attorney Pelster reported that the District's current warrant Paying Agent, Core Bank, has sent notice that they are exiting the business. BOK Financial has agreed to take over as the District's warrant Paying Agent. The Chairman reported that he had executed the new agreement on behalf of the District After discussion, the following resolution was duly made and seconded, to-wit: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 446 of Douglas County, Nebraska, that the actions of the Chairman in executing the Paying Agent and Registrar Agreement for Warrants be and hereby is ratified and confirmed. FURTHER RESOLVED, that a copy of said Agreement be made a part of the records of the District by attaching same to the transcript of this meeting. On roll call on the foregoing resolutions, the following Trustees voted aye: Richard Ramm, Daniel T. Pleiss, Keith Priest, and John Sanderhoff; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution duly carried and adopted. The Chairman directed the Board's attention to Agenda Item No. 6, Ratify Approval of Partial General Fund Warrant Call. Attorney Pelster informed the Board that Jennifer Kobza of Ameritas Investment Company, LLC, the District's underwriter, had requested a partial general fund warrant call be issued, as outlined in the correspondence attached to this meeting transcript for reference. After discussion, the following resolution was duly moved and seconded, to-wit: BE IT RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 446 of Douglas County, Nebraska, that the Board does herewith ratify and confirm the authorization of Attorney Pelster to execute the partial general 'fund warrant call as outlined in the correspondence attached to the transcript of this meeting for reference. On roll call on the foregoing resolution, the following Trustees voted aye: Richard Ramm, Daniel T. Pleiss, Keith Priest, and John Sanderhoff; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution duly carried and adopted. With respect to Agenda Item No. 7, Engineer's Report, the following transpired: a. Pot Holes on Laurel Avenue. Engineer Mclvor reported that a request had been received from a homeowner in the District regarding repair of pot holes on Laurel Avenue. Engineer McIvor informed the Board that he had obtained a proposal from Dundee Asphalt to Minutes of Meeting of Board of Trustees July 8, 2021 SID No. 446 of Douglas County, Nebraska Page 3 asphalt patch 14 potholes in the District for $2,600. Engineer Mclvor stated that concrete repairs have gone up significantly. He suggested going with asphalt patches rather than concrete repairs until the cost of concrete comes down. After discussion, the following resolution was duly moved and seconded, to-wit: BE IT RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 446 of Douglas County, Nebraska, that the District's Engineer be, and hereby is, authorized and directed to accept the proposal of Dundee Asphalt to repair 14 pot holes in the District for $2,600. On roll call on the foregoing resolution, the following Trustees voted aye: Richard Ramm, Daniel T. Pleiss, Keith Priest, and John Sanderhoff; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution duly carried and adopted. b. City of Omaha Request to Connect to SID 446 Water Main. Engineer McIvor discussed with the Board an email Attorney Pelster received from the City of Omaha regarding the City's request to connect to the District's water main, Engineer Mclvor stated that the water main is not owned by the SID, but is owned by Metropolitan Utilities District ("MUD"). He discussed the work to be done and how it will be done. Engineer Mclvor stated that the work does not affect the SID, as all work will be done in the ROW. The Board directed Attorney Pelster to reply to the City of Omaha and inform the City that the water main is now owned by MUD and the City should contact MUD. The Board further directed that Attorney Pelster provide the City with Engineer Mclvor's contact information if they have further questions. c. Grassroots, Inc. Engineer Mclvor reviewed with the Board payment issues that have been had with Grassroots, Inc. He stated this matter should he resolved by getting an Affidavit of Lost Check signed by Grassroots, Inc. in order to have a replacement check issued by the Douglas County. Payment for other outstanding invoices will be approved by issuance of a warrant to Grassroots, Inc. at this meeting. d. Other. • Discussion was had regarding the issue of installing "No Dumping" signs along Ellison Avenue, as previously discussed by the Board. The proposal received from Skyline Signs had totalled $860, and may be higher now. This matter was tabled for now. • A resident in the District, Jesse Scott, has issued complaints regarding the garbage contract. He emailed the Chairman regarding the contractor skipping homes. Engineer Mclvor will contact Papillion Sanitation. With respect to Agenda Item No. 8, Renewal of General Liability Insurance, Attorney Pelster stated that the general liability insurance was up for renewal at this time and the District Minutes of Meeting of Board of Trustees July 8, 2021 SID No. 446 of Douglas County, Nebraska Page 4 would continue with the current insurance provider at the current coverage. After discussion, the following resolution was duly moved and seconded, to-wit: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 446 of Douglas County, Nebraska, that the general liability insurance with Columbia Insurance Group through Cornerstone Insurance Group be renewed for the upcoming year. On roll call on the foregoing resolution, the following Trustees voted aye: Richard Ramm, Keith Priest, Daniel T. Pleiss and John Sanderhoff; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution duly carried and adopted. The Chairman directed the Board's attention to Agenda Item No. 9, Election of Trustees on September 14, 2021. Attorney Pelster reported that his office would handle the mailing of the Notice of Election as required. Attorney Pelster distributed the Certificates of Application to be on the ballot for the upcoming election for review and completion by the Trustees. The Chairman then directed the Board's attention to Agenda Item No. 10, Payment of Bills of the District, and presented for the Board's consideration the hereinafter described bills, statements and invoices. After careful review of same and full discussion, the following resolution was duly moved and seconded, to-wit: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 446 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrants Nos. 3298 through 3312, inclusive, of the District, dated the date of this meeting, to the following payees and in the following amounts, said Warrants Nos. 3298 through 3211, inclusive, to be drawn on the General Fund Account of the District and to bear interest at the rate of seven percent (7%) per annum, and said Warrant No. 3312 to be drawn on the Construction Fund Account of the District and to bear interest at the rate of seven percent (7%) per annum (interest to be payable on July 1 of each year, as to the Construction Fund Warrants only), and to be redeemed no later than the dates noted below, subject to extension of said maturity date, (for Construction Fund Warrants only), by order of the District Court of Douglas County, Nebraska, after notice is given as required by law, to-wit: Minutes of Meeting of Board of Trustees July 8, 2021 SID No. 446 of Douglas County, Nebraska Page 5 GENERAL FUND (Due July 8,2024) No. Payee Amount j Purpose 3298 Omaha Public Power District 5,000.00 Street lights service 2/25/21 - 6/29/21, Acct. 89809708458 3299 ; Omaha Public Power District 5,000.00 Street lights service 2/25/21 - 6/29/21,Acct. 09809708458 3300 Omaha Public Power District 3,398.87 Street lights service 2/25/21 - 6/29/21, Acct. 89809708458 3301 Cornerstone Insurance Group 1,495.00 Inv. No. 3786,renewal of gen. liabl. ins. 3302 Papillion Sanitation 5,000.00 Waste collection July thru September 2021 3303 Papillion Sanitation l 5,000.00 Waste collection July thru September 2021 3304 Papillion Sanitation 5,000.00 • Waste collection July thru September 2021 3305 l Papillion Sanitation 867.75 Waste collection July thru September 2021 3306 1 Grassroots,Inc. 4,300.00 Invs dated 9/30/20, 11/30/20,4/30/31, 5/31/21 and 6/30/21 3307 Core Bank 525.00 Inv. No. 53186, annual admin fee 3308 Broomers, Inc. 1,080.00 Inv. No. 3277,street sweeping 3309 Lamp Rynearson 1,125.36 I Inv. No. 196057.90-148,engineering services 3310 Croker Huck Law Firm 2,933.15 Inv. Nos. 134749, 135129, 135631 and 136041, legal services& costs, Acct. No.462-0 3311 Ameritas Investment Corp. 2,036.26 Placement Fee, Warrant Nos. 3298 thru 3310, inclusive CONSTRUCTION FUND (Due July 8, 2026) 3312 Core Bank 1,050.00 Inv. No. 858163, 446-16 paying agent fee; Inv. No. 858413, 446-20 paying agent fee BE IT FURTHER RESOLVED by Board of Trustees of Sanitary and Improvement District No. 446 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 Minutes of Meeting of Board of Trustees July 8, 2021 SID No. 446 of Douglas County, Nebraska Page 6 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 he 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. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 446 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)(ii) 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. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 446 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 Acting 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: Minutes of Meeting of Board of Trustees July 8, 2021 SID No. 446 of Douglas County, Nebraska Page 7 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) 10% of the net principal proceeds of the above Warrants, (b) the maximum annual debt service due on the above Warrants, or (c) 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 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 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 1.1482(b)(2) of the Income Tax Regulations under the Internal Revenue Code of 1986, as amended. On roll call on the foregoing resolutions, the following Trustees voted aye: Richard Ramm, Daniel T. Pleiss, Keith Priest, and John Sanderhoff; voting nay thereon were the following Trustees: None. The Chairman then declared said resolutions duly carried and adopted. With regard to Agenda Item No. 11, Miscellaneous Matters: • The budget proposal meeting has been scheduled for August 26, 2021 at 4:30 p.m. at 14710 West Dodge Road, Suite 100, Omaha, Nebraska. • The budget adoption meeting has been scheduled for September 9, 2021 at 4:30 p.m. at 14710 West Dodge Road, Suite 100, Omaha, Nebraska Minutes of Meeting of Board of Trustees July 8, 2021 SID No. 446 of Douglas County, Nebraska Page-1-1- 8 There being no further business, a motion fob. adjournment was du oved, seconded and unanimously carried. Richard Ramm, Chairman and Trustee r 1P4 Daniel T. Pleise Acting Clerk and Trustee 00953657.DOC