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2010-10-20 SID 494 Minutes • MINUTES OF MEETING OF SANITARY AND 10 DEC 17 �1 IMPROVEMENT DISTRICT NO. 494 OF8. DOUGLAS COUNTY, NEBRASKA C1 T Y 01441 C1 :" A meeting of the Board of Trustees of Sanitary and Improvement District{Ri S494 of Douglas County, Nebraska, was convened in open and public session at 3:00 p.m. on October 20, 2010, at 2120 South 72' Street, Suite 1200, Omaha, Nebraska. Present were: Trustees Dennis Kimberlin, Dan J. McCarty, Gary L. Shipley, Gerald M. Mines and Charles W. Buell. Absent: None. Also present were Engineer Doug Dreessen, Attorney Robert J. Huck, residents Howard Nelson, Gene Ward, Darlene Backus and one additional resident. • Notice of the meeting was given in advance thereof by publication in The Daily Record, Omaha, Nebraska, on October 13, 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. As to Agenda Item No. 3, a motion was made and seconded that the minutes for the meeting of the Board held.on September 8, 2010, be approved and accepted. On roll call on said resolution, the following Trustees voted aye: Dennis Kimberlin, Gerald M. Mines, Gary L. Shipley and Dan J. McCarty; voting nay thereon were the following Trustees: None. The Chairman then declared said resolution to be duly carried and adopted. As Agenda Item No. 4 there was no input from the public. to ge ate p As to Agenda Item No. 5, Report on Election of Trustees held on September 14, 2010, the Board had previously been provided with copies of the Douglas County Election Commissioner's certificate of election, a copy of which is attached to these minutes. Elected to the Board were Dan J. McCarty, Gerald M. Mines, Gary L. Shipley, Charles W. Buell and Dennis F. Kimberlin. I I Minutes of Meeting of Board of Trustees October 20, 2010 SID No. 494 of Douglas County, Nebraska Page 2 Attorney Huck then stated that it was necessary for this newly elected Board to elect two officers, viz., a Chairman and a Clerk, and stated that the Board should now entertain nominations for the offices of Clerk. Following discussion, Dan J. McCarty and Gary L. Shipley were nominated for the office of Clerk. Such nominations being seconded, and there being no further nominations,the following resolution was duly moved and seconded, to-wit: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 494 of Douglas County, Nebraska, that Dan J. McCarty be elected as Clerk of the District, to serve until the next election of Trustees or until his successor is duly elected and qualified. On roll call on the foregoing resolution,two Trustees voted aye, and three Trustees voted nay; therefore, the resolution failed. The following resolution was then duly moved and seconded, to-wit: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 494 of Douglas County, Nebraska, that Gary L. Shipley be elected as Clerk of the District, to serve until the next election of Trustees or until his successor is duly elected and qualified. On roll call on the foregoing resolution, three Trustees voted aye, and two Trustees voted nay; therefore, the resolution was duly carried and adopted. Discussion was held regarding the office of Chairman, following which Dennis F. Kimberlin and Charles W. Buell were nominated for the office of Chairman. Such nominations being seconded, and there being no further nominations, the following resolution was duly moved and seconded, to-wit: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 494 of Douglas County, Nebraska, that Dennis F. Kimberlin be elected as Chairman of the District, to serve until the next election of Trustees or until his successor is duly elected and qualified. On roll call on the foregoing resolution,two Trustees voted aye, and three Trustees voted nay; therefore, the resolution failed. The following resolution was then duly moved and seconded, to-wit: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 494 of Douglas County, Nebraska, Minutes of Meeting of Board of Trustees October 20, 2010 SID No. 494 of Douglas County, Nebraska Page 3 that Charles W. Buell be elected as Chairman of the District, to serve until the next election of Trustees or until his successor is duly elected and qualified. On roll call on the foregoing resolution, three Trustees voted aye, and two Trustees voted nay; therefore, the resolution was duly carried and adopted. Mr. Huck stated that he would procure the statutory bonds for the newly elected Chairman and Clerk and file them with the County Clerk. He also presented for each of the Board members an Oath of Office, which each member signed in the presence of a Notary Public. Mr. Huck stated that he would file the Oaths with the County Clerk as well. The Chairman directed the Board's attention to Agenda Item No. 6 for the Engineer's Report. a. Regarding storm drainage at 138' and Blondo, a letter was prepared by Engineer Dreessen with input from the District's attorney and has been sent to the City. b. Trustee Gary L. Shipley reported that he has installed the street signs which were recently purchased by the District. c. The Board discussed the procedure for abandonment of the water well in the District. Research has indicated that the procedure for such abandonment is under the control of the Douglas County Health Department. d. With regard to Omaha's plans for widening of Blondo Street, the City held a public hearing on October 5th. Engineer Dreessen reported on the meeting as to the timing and plans for the project under consideration. Analysis of water retention on the north side of Blondo has not yet been done. The project is currently planned for the year 2015. The Board discussed the matter and the need to work with Councilman Mulligan and the engineer for the project. e. Other: (i) An erosion problem at 141st and 140'Streets was reported. Engineer Dreessen will contact the County regarding repair of the washout. (ii) An error has been discovered in the amount of special assessments levied on two lots owned by Mr. Gene Ward. The lots were assessed on the basis of 72 feet of front footage, when in fact there is 65 feet on each. The engineering firm has agreed to reimburse Mr. Ward for the amount of excess special assessments resulting from the error in calculations, which is approximately $700. The Chairman directed the Board's attention to Agenda Item No. 7, delinquent special assessments. Attorney Huck distributed copies of correspondence between his Minutes of Meeting of Board of Trustees October 20, 2010 SID No. 494 of Douglas County, Nebraska Page 4 office and the County Treasurer's office and a proposed letter to be sent to owners who are delinquent in payment of three or more special assessments. Thorough discussion ensued. The Chairman requested a copy of a memorandum prepared by Croker, Huck law firm regarding tax foreclosures which had been distributed to the Board during the previous term. The Chairman directed the Board's attention to Agenda Item No. 9, Old Business. Trustee Mines led a discussion regarding the history of the cancellation of the District's umbrella coverage, and Trustee Kimberlin updated the Board on his conversations with the insurance agent. A letter from Trustee Kimberlin to the insurance agency dated September 29, 2010, was reviewed. The insurance carrier has refused to make the cancellation effective any earlier than September 1. Trustee Kimberlin stated that the agent has agreed to pay the earned portion of the premium to the company. To date the District has not received an invoice for the additional cost of the general liability policy due to the increase in limits. The Chairman directed the Board's attention to Agenda Item No. 9, Miscellaneous Matters. a. The Board tentatively scheduled its next meeting for 5:00 p.m. on January 19, 2011, at the home of the Chairman, 13828 Burdette. b. Discussion was had regarding residents contacting Attorney Huck and Engineer Dreessen, who were encouraged to refer such calls to Board members as much as possible. Under Agenda Item 10, the Board received an update on the status of the District's accounts with the Douglas County Treasurer. The Chairman directed the Board's attention to Agenda Item No. 11, Payment of Bills of the District, and presented for the Board's consideration the following bills, statements and invoices. After thorough review of same and discussion thereon, the following resolutions were duly moved and seconded, to-wit: RESOLVED, by the Board of Trustees of Sanitary and Improvement District No. 494 of Douglas County, Nebraska, that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrant Nos. 1031 through 1041 of the District, dated the date of this meeting, to the following payees and in the following amounts, said Warrants Nos. 1031 through 1040 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 Warrant No. 1041 to be drawn on the Construction Fund account of the District and to bear interest at the rate of seven percent (7%) per Minutes of Meeting of Board of Trustees October 20, 2010 SID No. 494 of Douglas County, Nebraska Page 5 annum (interest to be payable on February 10th 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 October 20, 2013) 1. Warrant No. 1031 in the sum of $170.00 payable to UNICO Group in payment of Invoice No. 465798, Bond of Chairman 10/8/10 - 10/8/12. 2. Warrant No. 1032 in the sum of $2,029.05 payable to Thompson Dreessen & Dorner Inc. in payment of Invoice Nos. 89346 and 89456 for professional services. 3. Warrant No. 1033 in the sum of $600.00 payable to Commercial Seeding Contractors in payment of Invoice No. 9715 for outlot maintenance. 4. Warrant No. 1034 in the sum of $585.00 payable to Jochim Precast Concrete in payment of Invoice No. 25232 for storm sewer maintenance. 5. Warrant No. 1035 in the sum of $500.00 payable to Stanek Construction Company in payment of Invoice No. 10-077 for street signs. 6. Warrant No. 1036 in the sum of $2,250.00 payable to Lutz&Company, PC in payment of Invoice No. 120846 for professional services re 2010-2011 budget and 6/30/10 audit. 7. Warrant Nos. 1037 and 1038 in the sum of $5,000.00 each, and Warrant No. 1039 in the sum of $3,068.68 (total $13,068.68) payable to Croker Huck Kasher DeWitt Anderson & Gonderinger LLC in payment of statements dated 8/24/10, 9/30/10 and 10/8/10, Account No. 473-000. Minutes of Meeting of Board of Trustees October 20, 2010 SID No. 494 of Douglas County, Nebraska Page 6 8. Warrant No. 1040 in the sum of $960.13 payable to D.A. Davidson & Co. in payment of 5% placement fee for Warrant Nos. 1031 through 1039, inclusive. CONSTRUCTION FUND (Due October 20, 2015) 9. Warrant No. 1041 in the sum of $840.61 payable to Croker Huck Kasher DeWitt Anderson & Gonderinger LLC in payment of statement dated 10/8/10, Account No. 473-007. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No.494 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. Minutes of Meeting of Board of Trustees October 20, 2010 SID No. 494 of Douglas County, Nebraska Page 7 BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 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 $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. 494 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 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. Minutes of Meeting of Board of Trustees October 20, 2010 SID No. 494 of Douglas County, Nebraska Page 8 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: Charles W. Buell, Gary L. Shipley, Dennis F. Kimberlin, Gerald M. Mines and Dan J. McCarty; voting nay thereon were the following Trustees: None. The Chairman then declared said resolutions to be duly carried and adopted. There being no further business, a motion for adjournment was duly moved, seconded and unanimously carried. OjiNIAL \A), Dik,u,A4 Charles W. Buell, Chairman & Trustee Garypley, G1Er-K& Trustee 00424043.WPD