2010-10-19 SID 512 Minutes REC FINED
MINUTES OF A MEETING OF THE BOARD OF TRUSTEES
OF SANITARY & IMPROVEMENT DISTRICT NO. 5 I2_OCT 20 ii «: C?
OF DOUGLAS COUNTY, NEBRASKA
ON OCTOBER 19, 2010 CITY CLERK
OMAHA, NFRR4,Sit!
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 October 19, 2010, 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 October 11, 2010, 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.
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.
John A. Mabrey recommended it would be appropriate at this time to elect a new
Chairman and Clerk. Thereafter, nominations were had to fill the office of Chairman of
the District Board of Trustees. Carl J. Troia, Jr., nominated John A. Mabrey as
Chairman. John A. Mabrey was the sole nominee as Chairman. Thereafter,
nominations for Chairman were closed. Upon roll call vote of the Trustees, John A.
Mabrey, Carl J. Troia, Jr., and James H. Mabrey, all voting aye, John A. Mabrey was
elected Chairman of the District with three votes cast for John A. Mabrey for Chairman.
No other votes were cast for anyone else as Chairman.
Thereafter, nominations were had to fill the office of Clerk of the District Board of
Trustees. John A. Mabrey nominated Carl J. Troia, Jr., as Clerk. Carl J. Troia, Jr., was
the sole nominee as Clerk. Thereafter, nominations for Clerk were closed. Upon roll
call vote of the Trustees, John A. Mabrey, Carl J. Troia, Jr., and James H. Mabrey, all
voting aye, Carl J. Troia, Jr., was elected Clerk of the District with three votes cast for
Carl J. Troia, Jr., for Clerk. No other votes were cast for anyone else as Clerk.
The Chairman then presented a Certificate from Dave Phipps, Douglas County
Election Commissioner, dated October 4, 2010, certifying that at the election held on
September 14, 2010, the following were elected as Trustees of Sanitary and
Improvement District No. 512 of Douglas County, Nebraska: Robert M. Troia,
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designated representative of 192 Center Street, LLC; Carl J. Troia, Jr., designated
representative of 192 Center Street, LLC; John A. Mabrey, designated representative of
192 Center Street, LLC; James H. Mabrey, designated representative of 192 Center
Street, LLC; and Cynthia A. Troia, designated representative of 192 Center Street, LLC.
The Chairman requested that a copy of this Certification be attached to the minutes.
Motion was made by Carl J. Troia, Jr., to approve the minutes of the Board of
Trustees meetings held on September 3, 2010. 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 3, 2010, be and hereby are approved.
The Chairman next presented a statement from Smith Gardner Slusky Law dated
August 31, 2010, in the sum of$2,110.26. The Chairman recommended payment of
said statement out of the District General Fund.
The Chairman next presented a statement from Smith Gardner Slusky Law dated
September 30, 2010, in the sum of$1,529.11. The Chairman recommended payment
of said statement out of the District General Fund.
The Chairman next presented a statement from Thompson, Dreessen & Dorner,
Inc., dated September 9, 2010, in the sum of$25.00. The Chairman recommended
payment of said statement out of the District General Fund.
The Chairman next presented a statement from Robert's Lawn Care, Landscape
& Nursery dated August 30, 2010, in the sum of$220.00 (Invoice #44196). The
Chairman recommended payment of said statement out of the District General Fund.
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The Chairman next presented a statement from Robert's Lawn Care, Landscape
& Nursery dated September 14, 2010, in the sum of$56.00 (Invoice #44627). The
Chairman recommended payment of said statement out of the District General Fund.
The Chairman next presented a statement from Robert's Lawn Care, Landscape
& Nursery dated October 4, 2010, in the sum of$275.00 (Invoice#44987). The
Chairman recommended payment of said statement out of the District General Fund.
The Chairman next presented a statement from Marcotte Insurance Agency, Inc.,
dated October 7, 2010, in the sum of$120.00. 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. 593 dated September 7, 2010, in the sum of$429.59; and General
Fund Warrant No. 594 dated October 4, 2010, in the sum of$429.59; both being
payable to OPPD. The OPPD invoices relating to these payments are attached to these
minutes.
The ratification of these warrants is set out below. Kuehl Capital Corporation will
not be paid a fee for these warrants as these warrants will be paid directly from the
Douglas County Treasurer.
Thereafter, a motion was made by Carl J. Troia, Jr., to ratify the issuance of
General Fund Warrant No. 593 dated September 7, 2010, in the sum of$429.59; and
General Fund Warrant No. 594 dated October 4, 2010, in the sum of$429.59; both
being payable to OPPD. 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 the issuance of General Fund Warrant No. 593
dated September 7, 2010, in the sum of$429.59; and General Fund
Warrant No. 594 dated October 4, 2010, in the sum of$429.59; both
being payable to OPPD, be and hereby is ratified and approved and that
the District Chairman and Clerk be and hereby were authorized to
execute said warrant on behalf of the District.
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:
RESOLVED THAT the Chairman and/or Clerk be and hereby are
authorized to execute and deliver 5 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:
595 10/19/2010 Smith Gardner Slusky Law $3,000.00
596 10/19/2010 Smith Gardner Slusky Law $639.37
597 10/19/2010 Thompson, Dreessen & Dorner, Inc. $25.00
598 10/19/2010 Robert's Lawn Care, Landscape & Nursery $551.00
599 10/19/2010 Marcotte Insurance Agency, Inc. $120.00
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
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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
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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.
A discussion was then had relating to the extension of the due date on
Construction Fund Warrants numbered 143-571. Upon completion of discussion, a
motion was made by Carl J. Troia, Jr., authorizing the District to file the necessary legal
documents with the Douglas County District Court extending the due date on the
aforementioned warrants. 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 is hereby authorized to file the
necessary legal documents with the Douglas County District Court
extending the due date on the Construction Fund Warrants numbered
143-571; and the Chairman and Clerk are hereby authorized to execute
the necessary legal documents on behalf of the District.
Joseph L. Leahy, Jr., reported that William L. Biggs is presently working on the
Disclosure Statement and Chapter 9 Plan of Adjustment for the District, but that the
Chapter 9 Bankruptcy proceedings had not yet been filed with the Bankruptcy Court.
There was no old business and no new business to come before the meeting.
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There being no further business to come before the eting, the meeting was
adjourned.
Carl J. T:�•ia, Jr., ClerV
Approved:
r . Mabre Chairm�
John y,
6169-2#683402
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