2007-11-14 SID 512 Minutes •
MINUTES OF A MEETING OF THE BOARD OF TfiatEiV E D
OF SANITARY & IMPROVEMENT DISTRICT NO. 512
OF DOUGLAS COUNTY, NEBRASIQR NOV 16 AM 9: 0
ON NOVEMBER 14, 2007 I. :, CLERK
OMAHA. NEBRASKA
A meeting of the Board of Trustees of Sanitary and Improvement District No. 512
of Douglas County, Nebraska, was convened in open and public session at 8:30 a.m.,
on November 14, 2007, at 2120 S. 72nd Street, Suite 1500, Omaha, Nebraska 68124.
Present were: John A. Mabrey
Carl J. Troia, Jr.
James H. Mabrey
Absent: Robert N. Troia
Cynthia A. Troia
Notice of the meeting was published in advance thereof by publication in The
Daily Record on November 5, 2007, 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 Acknowledgement of the Agenda was
communicated in the published notice and in the Notice of the Trustees of this meeting.
All proceedings of the Board were taken while the convened meeting was open to the
attendance of the public. All matters considered by the Board at this time were on the
Agenda prior to the commencement of this meeting, other than emergency matters.
The minutes herein were written and available for public inspection within ten (10)
working days or prior to the next convened meeting, whichever was earlier.
The last publication of the notice of this meeting was more than five (5) days prior
to the time set by the Board of Trustees for public hearing, as set forth in the Proof of
Publication.
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John A. Mabrey acted as Chairman and called the meeting to order. Also
present was Joseph L. Leahy, Jr. The following proceedings were had and done.
The Chairperson 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.
Motion was made by Carl J. Troia, Jr., to approve the minutes of the Board of
Trustees meetings held on September 6, 2007. The motion was seconded by John A.
Mabrey, and upon roll call vote of the trustees: John A. Mabrey, Carl J. Troia, Jr., and
James H. Mabrey, all voting aye, the following resolution was unanimously adopted:
RESOLVED, that the minutes of the Board of Trustees meetings
held on September 6, 2007, be and hereby are approved.
The Chairman next presented a statement from Slusky Law, LLC, dated
September 11, 2007, in the sum of$2,077.31. The Chairman recommended payment
of said statement out of the District General Fund.
The Chairman next presented a statement from Slusky Law, LLC, dated October
15, 2007, in the sum of$266.30. The Chairman recommended payment of said
statement out of the District General Fund.
The Chairman next presented a statement from Jochim Precast Concrete dated
November 7, 2007, in the sum of$4,390.00. The Chairman recommended payment of
said statement out of the District General Fund.
Joseph L. Leahy, Jr., advised that the District had previously issued General
Fund Warrant No. 425 in the sum of$380.62 dated August 2, 2007, General Fund
Warrant No. 430 in the sum of$380.62, dated October 2, 2007, and General Fund
Warrant No. 432 in the sum of$380.62 dated November 2, 2007, payable to Omaha
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Public Power District for street lighting. The Omaha Public Power District invoices
relating to these payments are attached to these minutes. The ratification of these
warrants is set out below. Kuehl Capital Corporation shall be paid their 5% fee for
placement of this warrant in the sum of$57.09.
Thereafter, a motion was made by Carl J. Troia, Jr., to ratify the issuance of
General Fund Warrant No. 425 in the sum of$380.62, General Fund Warrant No. 430 in
the sum of$380.62, and General Fund Warrant No. 432 in the sum of$380.62, being
payable to Omaha Public Power District relating to street lighting within the District. The
motion was seconded by John A. Mabrey, and upon roll call vote of the Trustees: John
A. Mabrey, Carl J. Troia, Jr., and James H. Mabrey, all voting aye, the following
resolution was unanimously adopted:
RESOLVED, that the issuance of General Fund Warrant No. 425 in
the sum of$380.62, General Fund Warrant No. 430 in the sum of
$380.62, and General Fund Warrant No. 432 in the sum of$380.62, to
Omaha Public Power District be and hereby is ratified and approved and
that the District Chairman and Clerk be and hereby were authorized to
execute said warrants on behalf of the District.
The Chairman then advised that Kuehl Capital Corporation, will directly place or
arrange for a third party to purchase or place $7,875.47 in warrants payable from the
General Fund of the District relating to Warrant Numbers 425, 430, and 432 to 435,
inclusive, and that the charge for the purchase of said warrants in accordance with the
Financing Agreement heretofore entered into between said fiscal agent and the District
is in the sum of$393.77.
Thereafter a motion was made by Carl J. Troia, Jr., and seconded by John A.
Mabrey, and upon roll call vote of the Trustees: John A. Mabrey, Carl J. Troia, Jr., and
James H. Mabrey, all voting aye, the following resolution was unanimously adopted:
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RESOLVED THAT the Chairman and/or Clerk be and hereby are
authorized to execute and deliver 4 warrants on the District General Fund,
to the following payees and such warrants to be payable three (3) years
from the date of issuance, unless extended in accordance with the law,
and to draw interest at the rate of 7.0% per annum after the date of
presentment until paid:
433 11/14/2007 Slusky Law, LLC $2,343.61
434 11/14/2007 Jochim Precast Concrete $3,000.00
435 11/14/2007 Jochim Precast Concrete $1,390.00
436 11/14/2007 Kuehl Capital Corporation $393.77
FURTHER RESOLVED by the Board of Trustees of Sanitary and
Improvement District No. 512 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.
There were no bills presented for payment from the District Construction Fund.
The Chairman advised that the District had previously approved all adjusting
journal entries that had been prepared by Goracke, Ritterbush & Piotrowski, LLP, for the
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June 30, 2007, basic financial statements and that said action should be ratified at this
time.
Thereafter, motion was made by Carl J. Troia, Jr., to ratify the earlier District
approval of all adjusting journal entries previously prepared by Goracke, Ritterbush &
Piotrowski, LLP, for the June 30, 2007, basic financial statements. The motion was
seconded by John A. Mabrey, and upon roll call vote of the Trustees: John A. Mabrey,
Carl J. Troia, Jr., and James H. Mabrey, all voting aye, the following resolution was
unanimously adopted:
RESOLVED, that the District approval previously executed by the
District Chairman approving all adjusting journal entries previously
prepared by Goracke, Rltterbush & Piotrowski, LLP, for the June 30,
2007, basic financial statements be and hereby is approved and said
action is ratified and confirmed.
The Chairman presented a letter from Thompson, Dreessen & Dorner, Inc.,
dated November 9, 2007, relating to the status of South HWS Cleveland Boulevard
Landscaping project. Pursuant to said letter, the Chairman recommended that the start
of the South HWS Cleveland Boulevard Landscaping project be delayed until the spring
of 2008. The Chairman further advised that this delay was agreeable to Lanoha
Nursery, Inc.
Thereafter, motion was made by Carl J. Troia, Jr., to delay the start of the South
HWS Cleveland Boulevard Landscaping project until the spring of 2008. The motion
was seconded by John A. Mabrey, and upon roll call vote of the Trustees: John A.
Mabrey, Carl J. Troia, Jr., and James H. Mabrey, all voting aye, the following resolution
was unanimously adopted:
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RESOLVED, that due to extremely hot and extremely dry or wet
conditions, the start of the South HWS Cleveland Boulevard Landscaping
project be and hereby is delayed until the spring of 2008.
There was no old business and no new business to come before the meeting.
There being no further business to come before the meeting, the meeting was
adjourned.
7;.,7/0
Carl J. Tr ' , Jr., Clerief
Appro d:
a
John A Mabrey, Chairman
6169-2#544850
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