moved to approve the agenda as 1

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i i j Description Regular meeting of the Tohopekahga Water Authority. Pre=sent at the meeting were Chairman Bruce R. Van Meter, Executive Director Brian L. Wheeler, Attorneys Mike Davis and Steve Johnson, County Commissioner Ken Shipley, Supervisor Mary Jane Arrington, Supervisor Jim Wells, City E Commissioner Jerry Gemskie, and Employee Relations Coordinator Dina Green. Supervisor John Reich and Supervisor John Moody were not present at this meeting. Date i2/ 28/ 2007 Location i C emission Chambers Time Speaker Nate 5: 04: 03 PM imeeting called order to ; Chairman Bruce R. Van Meter called the meeting; to order at 5: 04 PM. 15: 04: 09 PM nvocation nvocation given by Executive Director Brian L. Wheeler and ' and Pledge of ; Supervisor Wells led the audience in the Pledge of : j Allegiance Allegiance. 5: 05: 07 PM Executive Director Brian L. Wheeler requested that an item be added to the agenda as tem 9C under unfmished business f Approval the Agenda 5: 06: 10 PM! Awards and i Special of Presentations j z l for the approval of the award of a contract to Wharton -Smith, nc. Supervisor Wells moved to approve the agenda as 1 amended. Supervisor Arrington seconded the motion. j 5: 06: 12 PM i Public i Hearing f 5: 06: 15 PM 5: 06: 23 PM Hear Audience the ` Chairman Bruce R. Van Meter asked that item 71 be removed from the Consent Agenda for discussion. Consent? Supervisor Arrington moved to approve the Consent Agenda Agenda with tem 71 removed.

Chairman Bruce R. Van Meter explained that he removed tem 7 because of his concerns with change orders on projects resulting from inadequate information on other utilities located in right- of-ways. He requested that staff present the Board with information and recommendations on how to reduce utility conflict change orders. Supervisor Wells presented his recommendations on means to mitigate utility conflicts. Executive Director Brian L. Wheeler explained the monetary issues involved with the situation. Chairman Bruce R. Van Meter asked Executive Director Brian L. Wheeler to come back to the Board with a report on utility conflicts in right of ways. Supervisor Wells moved to approve tem 71 and for the staff to bring the issue back for further discussion. Supervisor Arrington seconded the motion. j 5: 17: 06 PM nformational 5: 17: 07 PM Presentations 9A. nterest Rate Swap Contingency Reserve Fund Policy. i Toby Wagner, the Authority' s Financial Advisor, presented a summary of the recently completed constant maturity swap transaction. Mike Garner, with nvestment Management Advisor Group, summarized policy recommendations for j ; establishing a reserve funds for the swap transactions. The Board discussed the mechanics of establishing and utilizing a reserve fund for both the Libor interest rate swap and constant maturity swap transactions. Additionally they discussed the benefits and timing of funding reserves and their relation to Unfinished i existing reserve policies and funds. Richard Wagner, Business ( financial advisor, recommended that the Board adopt a Contingency Reserve Policy for the Swap Transactions and review the swap transactions semi- annually. Chairman Bruce R. Van Meter inquired if the policy is in writing. Executive Director Brian L. Wheeler stated that it is encompassed in the memo written in the agenda. Executive Director Brian L. Wheeler requested that the Board to take action on the recommendations in order to form a policy. Supervisor Arrington moved to approve establishing a Contingency Reserve Policy as recommended at the funding levels recommended by staff.

9B. Approval of the Sale of the Champions,Gate Lease Property in Polk County to RDA Associates, LP. f Join Kohler from Real Estate Research Consultants ( RERC) presented his report to the Board on alternatives for valuing the leased Polk County property under consideration for sale to RDA. Mr. Kohler advised the Board that the value of the property to the Authority depended upon whether the Board viewed the property as an asset to be utilized in the short term or an asset that would accrue value over the term of the lease. Chairman Bruce R. Van Meter inquired about option B within the report in which RDA would build the Tohopekaliga Water Authority ( TWA) building on TWA land in exchange for the Polk County property. Board attorney : Mike Davis explained that implementation of this option would require the parties to insure that state code requirements are met. Executive Director Brian L. Wheeler advised that Supervisor Moody asked him to inform the board that he would vote for option B if he were able to be present. Chairman Bruce R. Van Meter also favored Option B. Supervisor Arrington was of the opinion that TWA should continue with the lease. Supervisor Wells commented that the RERC report did not provide information on the value of the land as requested at the January 10, 2007 meeting. Supervisor Wells its willing to leave the lease in place. Chairman Bruce R. Van Meter suggested continuing this discussion for the next meeting of March 14, 2007. Tom Kohler stated he could provide property value information March 1, 2007 prior to the meeting. Supervisor Arrington moved to continue the discussion for the next meeting. Chairman Bruce R. Van Meter also requested that: Supervisor Moody and Supervisor Reich attend the next meeting. 9C. Approval of Contract Award to Wharton Smith, nc for the Remediation of the South Bermuda Water Reclamation Facility Operations Building.

E Executive Director Brian L. Wheeler explained the bids and summarized that the low bidder was Wharton Smith with the only other bidder being Bermuda Builders. Staff recommended awarding the bid to Wharton Smith. Supervisor Wells asked if TWA has to award the contract to the low bidder. Attorney Mike Davis stated that there had to be a good reason to not award to the low bidder. Supervisor Wells favored Bermuda Builders. Executive Director Brian L. Wheeler expressed that there wasn' t much difference between the two bidders; they are both qualified equally to do the job. 16: 19: 06 PM Supervisor Wells moved to award the contract to Wharton Smith. Supervisor Arrington seconded the motion. 1 10A. Discussion of the Florida Department of Community Affairs Water and Wastewater Comments on the Osceola County Comprehensive Development Plan Revision. 1 j Executive Director Brian L. Wheeler stated that Supervisor Wells requested this item be placed on the agenda for j discussion. Prior to the meeting there were discussions with New Jeff Jones and Richard Watkins of the Osceola County Business 1 Planning Department on the information needed from the! Authority for the county' s comprehensive development plan. Staff and the consultant working on the Authority' s master j j planning effort should be able to provide the information requested for the county' s plan. One of the critical issues presently not addressed by the Department of Communit Y Affairs is the Central Florida Coordinating Area 2013 groundwater limitation. 6: 26: 53 PM Staff Reports Financial report for January 2007 was presented by Rick li 6 Figueroa F 6: 38: 24 PM Supervisor Wells wanted to know the status on the [ negotiations with the architects. Robert Pelham explained that staff is waiting for KZF to submit their scope of services Board within the next couple of weeks for the basic architectural agreement. There are two Officials scopes involved: one is a fi preliminary design and the other is for final design.

6: 40: 58 PM There l eigg nr business to discuss, Chairman Bruce Val` ter urne the seting at 6: 40 PM. 1": VBruce R: gfi Meter, Chairman