2010-12-07 SID 405 Minutes •
RECEIVED
10 DEC 29 n14 D: 59
CITY CLERK
MINUTES OF MEETING OF SANITARY I{;�{ N F E�R S I(
IMPROVEMENT DISTRICT NO. 405 OF
DOUGLAS COUNTY,NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 405
of Douglas County, Nebraska, was convened in open and public session at 4:00 p.m. on
December 7, 2010, at 12101 Deer Creek Drive, Omaha, Nebraska. Present were:
Trustees Wayne A. Crumbley, Sr., Robert Swanda, Jr., Ted Quick, Jami Heidemann and
Emily Honke; Absent: None. Also present were Engineer Tom Rasmussen of E&A
Consulting Group, property owner Todd Robinson and Attorney Robert J. Huck.
Notice of the meeting was given in advance thereof by publication in The Daily
Record, Omaha, Nebraska, on November 30, 2010, a copy of the Proof of Publication
being attached to these minutes. Notice of this meeting was sent to the Omaha City Clerk,
1819 Farnam Street, Omaha, Nebraska, not less than seven (7) days prior to the date of
this meeting. 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 undersigned 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, Attorney Huck 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 Chairman directed the Board's attention to Agenda Item No. 3, approval of the
minutes of the meetings of November 3, 2010. Thereupon, a motion was made that the
minutes of November 3, 2010, be approved and accepted. On roll call vote thereon, the
following Trustees voted aye: Wayne A. Crumbley, Sr., Robert Swanda, Jr., Ted Quick,
Jami Heidemann and Emily Honke; voting nay thereon were the following Trustees: None.
The Chairman declared the resolution duly carried and adopted.
The,Chairman directed the Board's attention to Agenda Item No. 4. No input from
the public was received.
The Chairman then directed the Board's attention to Agenda Item No. 5, Engineer's
report.
Minutes of Meeting of Board of Trustees December 7, 2010
SID No. 405 of Douglas County, Nebraska Page 2
a. Sewer Cleaning. Mr. Rasmussen reported that 2010 sewer cleaning work
is underway and should be completed this week.
b. Other:
(i) It was reported that rubber surfacing needs to be installed above the
concrete in the playground; however, that work cannot be done until
the weather is warmer. The Board determined that this should be
postponed until spring but should be undertaken first thing in the
spring. Should the weather reach the 50's before that, the work could
be done before spring. The project itself is presently about 75%
complete.
(ii) With respect to street repairs, B&W has completed about $17,000
worth of repairs.
(iii) Options were discussed for controlling truck traffic and damage to
concrete in and around the roundabout. The engineer will check the
City of Omaha's present methods to address this problem. It was
stated that there is a need to get large trucks to use the median area
for an "overlap" area as opposed to the area around the perimeter of
the roundabout.
The Chairman directed the Board's attention to Agenda Item No. 6, playground
improvements. The Board discussed a drainage problem on the east side of the existing
playground. Corrective work is to be done in the spring.
Under Agenda Item No. 7, discussion ensued regarding the District's insurance
policies. After discussion, the following resolution was moved and seconded, to-wit:
RESOLVED, by the Board of Trustees of Sanitary and
Improvement District No. 405 of Douglas County, Nebraska,
that the policy of general liability insurance for the period
12/3/10 through 12/3/11 be amended to provide coverage of
$2 million per occurrence and $4 million aggregate; and
further, that the umbrella policy be canceled after the general
liability limits are increased. FURTHER, that the current public
officials errors and omissions coverage remain in force.
On roll call on the foregoing resolution, the following Trustees voted aye: Wayne A.
Crumbley, Sr., Robert Swanda, Jr., Ted Quick, Emily Honke, and Jami Heidemann; voting
nay thereon were the following Trustees: None. The Chairman then declared said
resolution to be duly carried and adopted.
Minutes of Meeting of Board of Trustees December 7, 2010
SID No. 405 of Douglas County, Nebraska Page 3
The Chairman directed the Board's attention to Agenda Item No. 8, Audit Report for
the year ended June 30, 2010. Attorney Huck reported that the audit had not yet been
sent to his office and that he will mail copies to all the Trustees as soon as it is received.
The Chairman directed the Board's attention to Agenda Item No. 9, and Mr. Huck
reported on the latest information available as to the balances of the District's accounts
with the County Treasurer. A question was raised as to the large amount of cash in the
general fund while the investment fund is much lower. The fiscal agent will be contacted
by Mr. Huck for an explanation.
The Chairman 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. 405 of Douglas County, Nebraska,
that the Chairman and Clerk be and they hereby are
authorized and directed to execute and deliver Warrant
Nos. 4773 through 4784 of the District, dated the date of this
meeting, to the following payees and in the following amounts,
said Warrants Nos. 4773 through 4780 to be drawn on the
General Fund Account of the District and to bear interest at the
rate of seven percent(7%) per annum; Warrant Nos. 4781 and
4782 to be drawn on the Service Fee Fund Account of the
District and to bear interest at the rate of seven percent (7%)
per annum; and Warrant Nos. 4783 and 4784 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 November 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:
GENERAL FUND
(Due December 7, 2013)
1. Warrant No. 4773 in the sum of $3,800.00 to Omaha
Public Power District in payment of street lights service
1/11/11 through 2/11/11 (estimated), Account
No. 6224100030.
Minutes of Meeting of Board of Trustees December 7, 2010
SID No. 405 of Douglas County, Nebraska Page 4
2. Warrant No. 4774 in the sum of $24.69 payable to
Todco Barricade Company in payment of Invoice
No. 110547.
3. Warrant No. 4775 in the sum of $1,669.00 payable to
UNICO Group in payment of Invoice Nos. 477553 and
477564 for general liability ($663) and E&O ($1,006)
renewals for 12/3/10 - 12/3/11.
4. Warrant No. 4776 in the sum of $103.00 payable to
Douglas County Engineer in payment of statement
dated 11/29/10 for traffic control sign.
5. Warrant No. 4777 in the sum of $1,426.00 payable to
Kersten Construction Inc. in payment of Invoice No.
30288 for street maintenance and repair.,.
6. Warrant No. 4778 in the sum of$16,986.35 payable to
B&W Company Inc. in payment of Invoice No. 13720
for pavement repair.
7. Warrant No. 4779 in the sum of $1,129.11 payable to
E&A Consulting Group, Inc. in payment of portion of
Invoice No. 113444 for miscellaneous professional
services
8. Warrant No. 4780 in the sum of $2,871.03 payable to
Croker Huck Kasher DeWitt Anderson & Gonderinger
LLC in payment of statement dated 11/29/10, Account
No. 446-000.
SERVICE FEE FUND
(Due December 7, 2013)
9. Warrant No. 4781 in the sum of$17,005.50 payable to
Dostals Construction in payment of Invoice No. 1 dated
12/1/10 for park improvements.
10. Warrant No. 4782 in the sum of $210.00 payable to
Croker Huck Kasher DeWitt Anderson & Gonderinger
LLC in payment of statement dated 11/29/10, Account
No. 446-014.
Minutes of Meeting of Board of Trustees December 7, 2010
SID No. 405 of Douglas County, Nebraska Page 5
CONSTRUCTION FUND
(Due December 7, 2015)
11. Warrant No. 4783 in the sum of $250.00 payable to
Great Western Bank in payment of statement dated
12/1/10 for fees 6/16/10 through 12/15/10 re Account
No. 6702.
12. Warrant No. 4784 in the sum of $62.20 payable to
Croker Huck Kasher DeWitt Anderson & Gonderinger
LLC in payment of statement dated 11/29/10, Account
No. 446-0013.
BE IT FURTHER RESOLVED by the Board of Trustees of
Sanitary and Improvement District No. 405 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
benefitted 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
Minutes of Meeting of Board of Trustees December 7, 2010
SID No. 405 of Douglas County, Nebraska Page 6
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. 405 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 $5,000,000 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. 405 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:
I. 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
Minutes of Meeting of Board of Trustees December 7, 2010
SID No. 405 of Douglas County, Nebraska Page 7
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-(b)(2) of the Income Tax
Regulations under the Internal Revenue Code of 1986, as
amended.
On roll call on said resolutions, the following Trustees voted aye: Wayne A.
Crumbley, Sr., Robert Swanda, Jr., Ted Quick, Jami Heidemann and Emily Honke; voting
nay thereon were the following Trustees: None. The Chairman then declared said
resolutions to be duly carried and adopted.
Under Agenda Item No. 11, Miscellaneous Matters, the following transpired.
a. The Board scheduled its next meeting for 3:30 p.m. on January 4, 2011, at
12101 Deer Cr
eek C eek Drive, Omaha, Nebraska.
b. The Board discussed the advisability of soliciting proposals from service
providers, and the Clerk was assigned to do so.
There being no further business, a motion for adjournment was duly moved,
seconded and unanimously carried.
Wayne A. Crumbley, Sr., Ch an & Trustee
Robert Swanda, Jr., Clerk & Trustee
00428419.W PD