MINUTES OF THE MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 5, CASS COUNTY, NEBRASKA Meeting convened at 6:00 p.m. on November 20, 2018 at 3200 Buccaneer Blvd, Plattsmouth, Nebraska, inside the clubhouse of Bay Hills Golf Club. Attached hereto are: the agenda for the meeting; the Affidavit of Printer regarding publication of notice of the meeting, which communicated the availability of the agenda, in the Plattsmouth Journal, Plattsmouth, Nebraska; advance notice of the meeting as provided to the County Clerk of Cass County and all Trustees; and the Trustees acknowledgment of receipt of said notice and agenda. All proceedings were taken while convened with attendance open to the public. ITEM 1 Meeting called to by order by Chairman Kurt Meisinger at 6:00 p.m. ITEM 2 The locations of the Open Meetings Act and the documents related to the agenda were announced. ITEM 3 On roll call, those present: Trustees James Grotrian, Gary Petersen, Dan Brandt, Lynn Gorman and Kurt Meisinger. Those absent: none. ITEM 4 Following discussion, the Trustees agreed upon the following Committee assignments: Roads Water and Wastewater Development Finance, Budget and Audit Grounds James Grotrian, Chair and Dan Brandt Kurt Meisinger, Chair and James Grotrian Gary Petersen Lynn Gorman, Chair and Kurt Meisinger Dan Brandt, Chair and Lynn Gorman ITEM 5 No persons were present to address the Board who were not otherwise on the agenda.
ITEM 6a Trustee Grotrian discussed the response to the snow. Otherwise, there was no written roads report presented. ITEM 6b Motion by Grotrian, seconded by Meisinger, to approve a right of way agreement with Spiral Communications for the placement of fiber optic communications cable throughout the District. On roll call those voting aye: Grotrian, Petersen, Brandt, Gorman and Meisinger. Voting nay: none. Absent: none. Abstaining: None. The Chair declared the resolution adopted. ITEM 6c Motion by Grotrian, seconded by Gorman, to approve a right of way agreement with Windstream Communications for the placement of communications cable in a portion of the District but amended to provide a 21 year term under the same conditions as the Spiral Communications agreement. On roll call those voting aye: Grotrian, Petersen, Brandt, Gorman and Meisinger. Voting nay: none. Absent: none. Abstaining: None. The Chair declared the resolution adopted. ITEM 6d Following discussion amongst the Trustees that they would like a representative of Cox Communications attend a meeting to present the company s plan to occupy the right of way to operate transmission and distribution facilities, and additions thereto in, under, over, along, across and upon the streets, lanes, avenues, sidewalks, alleys, bridges and other public places within the District, and any subsequent additions thereto for the purpose of producing, receiving, amplifying, and transmitting by coaxial cable, fiber optics, microwave or other means, audio and/or audio/visual electrical impulses of television, radio and other intelligences, either analog or digital, including, but not limited to, cable television, the Chair directed Mr. Johnson to make the request. ITEM 6e Mr. Johnson advised that action on approval of an amended contract with Kerns Excavating Co., Inc. for the storm water reconstruction phase of the 2017 Road and Storm Water Management Reconstruction Project adopted September 27, 2017 should be ready at the next meeting following the adoption of the Second Amended Resolution of Necessity 2017 Road and Storm Water Management Reconstruction Project. The Chair thereafter laid over consideration of this item to the next meeting.
ITEM 6f Mr. Johnson advised that the road reconstruction phase of the 2017 Road and Storm Water Management Reconstruction Project adopted September 27, 2017 was closed out when the work was accepted as certified by the engineer at the October meeting. ITEM 6g Mr. Johnson advised that most of the work on the storm water reconstruction phase of the 2017 Road and Storm Water Management Reconstruction Project adopted September 27, 2017 had been completed, that the engineer was making a few minor changes to the work to improve functionality, the engineer had requested changes to the most recent Kerns pay request, and that close out should take place at the December meeting. ITEM 7a There was no general grounds committee report. General discussion surrounded the committee working on identifying possible park improvements. ITEM 7b Trustee Grotrian provided information to the grounds committee, Trustees Brandt and Gorman, regarding work with the area natural resources district and the Nebraska Land Trust about creating an environmental easement for the District s park ground totaling 90 acres +/-. ITEM 7c Following discussion, the grounds committee members indicated that the committee would study and return with a recommendation concerning the possible purchase of certain lots from Bay Hills Limited Partnership and the possible transfer of lots without a purchase price but subject to taxes and assessments as listed on the attached report from the developer. ITEM 7d Trustee Grotrian advised that a third party sent a solicitation to purchase Lot 12R, Bock 7 from the District. Following discussion concerning the District s purchase of the lot for water system infrastructure located thereon, the Chair directed Mr. Johnson to advise the party that the District owned the property for the placement of its water infrastructure. ITEM 8a Trustee Meisinger presented the attached finance report.
ITEM 9a Representatives of PeopleService, Inc. were present and presented a verbal report on water and wastewater operations, and on water billing. ITEM 9b There was no committee report concerning water and wastewater operations. ITEM 9c The Chair advised that the balance due before the December 2018 payment is $500,513.89 which is scheduled for payoff on December 15, 2025. The Chair directed Mr. Johnson to delete this item from the agenda as a regular part of each meeting. ITEM 9d No action was taken regarding the sealing of the manhole located near Wedgewood and Windward. ITEM 9e The Chair laid over to the next meeting discussion regarding improvements to the water and sanitary sewer systems as recommended by JEO Consulting Engineers to allow PeopleService staff to review the report and provide input. ITEM 10 Motion by Meisinger, seconded by Brandt: Be It Resolved by the Board of Trustees of Sanitary and Improvement District No. 5 of Cass County, Nebraska to approve the consent agenda: a Approve the Minutes of the October 23, 2018 Meeting of the Board of Trustees b Approve payment of the claims and invoices c Approve payment of invoices for services related to the 2017 Road and Storm Water Management Reconstruction Project approved by the Resolution of Necessity adopted September 27, 2017 Be It Further Resolved by the Board of Trustees of Sanitary and
Improvement District No. 5 of Cass County, Nebraska that the following bills, statements and invoices be and hereby are approved, and that the Chair, Vice Chair in the absence of the Chair, and the Clerk, be and hereby are authorized to execute and deliver warrants for the payment of the same, all dated November 20, 2018, with the warrants to be drawn on the General Fund account and to be redeemed no later than November 20, 2021: General Fund Account (Due November 20, 2021) Warrant No. 18021 in the amount of $2,605.63, payable to Omaha Public Power District, for electric service September 6 through October 8, 2018, with a copy of the invoice attached hereto. Warrant No. 18022 in the amount of $2,244.65, payable to Omaha Public Power District, for electric service October 8 through November 6, 2018, with a copy of the invoice attached hereto. Warrant No. 18023 in the amount of $1,350.00, payable to Aspen Landscaping, Inc., for mowing services, Invoice No. 1380, a copy of which is attached hereto. Warrant No. 18024 in the amount of $484.00, payable to Frankel Zacharia, certified public accountants, for October 2018 monthly finance reporting, Invoice 99495, a copy of which is attached hereto. Warrant No. 18025 in the amount of $7,126.0, payable to Roger K. Johnson, for general legal and related services for October 2018, Invoice No. 22028, a copy of which is attached hereto. Warrant No. 18026 in the amount of $485.04, payable to David Martin as reimbursement for the renewal of the District s website, with a copy of the invoice attached hereto. Be It Further Resolved by the Board of Trustees of Sanitary and Improvement District No. 5 of Cass County, Nebraska that the following bills, statements and invoices be and hereby are approved, and that the Chair, Vice Chair in the absence of the Chair, and the Clerk be and hereby are authorized to execute and deliver warrants for the payment of the same, all dated November 20, 2018, with the warrants to be drawn on the Service Fee Fund account, which warrants are redeemable upon presentation to the Cass County Treasurer: Service Fee Fund Account
Warrant No. 18019 in the amount of $161.00, payable to Midwest Laboratories, for wastewater testing, Invoice No. 920420, a copy of which is attached hereto. Warrant No. 18020 in the amount of $180.00, payable to Hydro Optimization & Automation Solutions, for the inspection of water tower controls, Invoice No. 8044, a copy of which is attached hereto. Warrant No. 18021 in the amount of $59.06, payable to Windstream Communications, for telephone services, Invoice dated October 16, 2018, a copy of which is attached hereto. Warrant No. 18022 in the amount of $41.54, payable to Premier Waste Solutions, for trash services at the wastewater treatment plant, Invoice dated October 31, 2018, a copy of which is attached hereto. Warrant No. 18023 in the amount of $1,662.50, payable to Inland Potable Services, Inc., for epoxy repairs to the water tower, Invoice No. B62-102518A, a copy of which is attached hereto. Warrant No. 18024 in the amount of $1,332.00, payable to Roger K. Johnson, for general legal and related services for October 2018, Invoice No. 22028, a copy of which is attached hereto. Warrant No. 18025 in the amount of $59.86, payable to Windstream Communications, for telephone services, Invoice dated November 15, 2018, a copy of which is attached hereto. Warrant No. 18026 in the amount of $9,111.10, payable to PeopleService, Inc., for December 2018 operation and maintenance of the water and wastewater systems, water billing conversion and water billing, with a copy of the invoice attached hereto. Be It Further Resolved by the Board of Trustees of Sanitary and Improvement District No. 5 of Cass County, Nebraska that the following bills, statements and invoices be and hereby are approved, and that the Chair, Vice Chair in the absence of the Chair, and the Clerk be and hereby are authorized to execute and deliver warrants for the payment of the same, all dated November 20, 2018, with the warrants to be drawn on the Construction Fund account and to draw interest at 7.00% per year and to be redeemed no later than November 20, 2023: Construction Fund Account
(Due November 20, 2023) Warrant No. 18119 in the amount of $1,988.80, payable to the Plattsmouth Journal, for publication of the notice of public hearing to consider adoption of the seconded amended resolution of necessity related to the 2017 Road and Storm Water Management Reconstruction Project, with copies of the invoices attached hereto. Warrant No. 18120 in the amount of $99.44, payable to Roger K. Johnson, for legal and related services regarding the 2017 Road and Storm Water Management Reconstruction Project. Warrant No. 18121 in the amount of $104.41, payable to Ameritas Investment Corp, for the 5% fiscal agent fee for the placement of warrants approved above for the 2017 Road and Storm Water Management Reconstruction Project. Be It Further Resolved by the Board of Trustees of Sanitary and Improvement District No. 5 of Cass County, Nebraska that both the Board and the District find and determine, and covenant and warrant, and agree that (a) the facilities for which the above Warrants are issued are for essential governmental functions and are designed to serve members of the general public on an equal basis; (b) there are no persons with rights to use said facilities other than as members of the general public; (c) ownership and operation of said facilities is with the District or another political subdivision; (d) none of the proceeds of the Warrants will be loaned to any person and to the extent that special assessments have been or are to be levied for any said facilities, 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 such facilities in the District; (e) the development of the land in the District is for residential or commercial use; (f) the development of the land in the District for sale and occupation by the general public is proceeding with reasonable speed and (g) the District hereby authorizes and directs the Chair or Clerk to file, when due, an Information Reporting Form pursuant to Section 149(e) of the Internal Revenue Code of 1986 pertaining to the above Warrants. Be It Further Resolved by the Board of Trustees of Sanitary and Improvement District No. 5 of Cass County, Nebraska that the District 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. 5 of Cass County, Nebraska that this and the preceding Resolutions are adopted as the Certificate with Respect to Arbitrage of the District pertaining to the above Warrants and the District and Chair and Clerk of the District hereby further certify, as of the date of the registration of the above Warrants with the County Treasurer of Cass County, Nebraska, as follows: 1. No separate reserve or replacement fund has been or will be established with respect to the above Warrants. This District reasonably anticipates that moneys 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 moneys. 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 moneys, 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 1.148-2(b)(2) of the Income Tax Regulations under the Internal Revenue Code of 1986, as amended. Be It Further Resolved by the Board of Trustees of Sanitary and Improvement District No. 5 of Cass County, Nebraska that $4,390.06 be transferred from the Service Fee Fund to the General Fund (OPPD electric service for September and October 2018 less the cost of street lighting).
On roll call those voting aye: Grotrian, Petersen, Brandt, Gorman and Meisinger. Voting nay: none. Absent: none. Abstaining: None. The Chair declared the resolution adopted. ITEM 11 Following discussion, the Chair advised that the next meeting would be held on December 18, 2018 at 6:00 at 3200 Buccaneer Blvd, Plattsmouth, Nebraska, inside the clubhouse of Bay Hills Golf Club, or at Plattsmouth State Bank if the clubhouse was unavailable and tentatively the January meeting would be held January 22, 2019 at one of said locations. ITEM 12 The agenda having been completed, the meeting adjourned on motion by Meisinger at approximately 7:58 p.m. James Grotrian, Trustee Gary Petersen, Trustee Dan Brandt, Trustee Lynn Gorman, Trustee Kurt Meisinger, Trustee