Agenda 02/22/2011 Item #16H5
2/22/2011 Item 16.H.5.
EXECUTIVE SUMMARY
Discontinue Operations and Dissolve the Southwest Florida Expressway Authority
OBJECTIVE: To dissolve the Southwest Florida Expressway Authority and accept any
remaining unrestricted funds of the Authority after apportionment based on the amounts loaned
by Lee and Collier County.
CONSIDERATIONS: The Governor signed a bill on June 8, 2005 approving the creation of
the Southwest Florida Expressway Authority encompassing Collier and Lee Counties. This
governing body of the authority consisted of seven voting members and one non-voting member.
The authority had the right to acquire, hold, construct, improve, maintain, operate, own, and
lease, in the capacity of lessor, the Southwest Florida Transportation System. The authority's
purpose was to pursue additional lanes on 1-75 within Lee and Collier Counties as tolled express
lanes. Terms were 4 years.
The Board of County Commissioners appointed one voting member to represent Collier County.
The member was to be a person of outstanding reputation for integrity, responsibility, and
business ability and had an interest in ground transportation. Qualifications in the field of
business and finance, and experience and knowledge in large scale transportation and/or
management projects was desired. One County Commissioner was to serve a 2-year term.
A list of the current membership is included in the backup.
COMMITTEE RECOMMENDATION: The Southwest Florida Expressway Authority made a
determination that due to the recent economic downturn the project of the authority is not
currently viable and the steps necessary to discontinue its operations and dissolve should be
taken.
FISCAL IMP ACT: Not quantified until restricted funds are proportioned between Collier
County and Lee County.
GROWTH MANAGEMENT IMP ACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for dissolving the Southwest Florida Expressway Authority, and direct the
Chairn1an to sign a resolution confirming the support of the dissolution and accept the return of
the Collier County loan, proportioned on the basis of amounts loaned by the two counties.
PREP ARED BY: Ian Mitchell, Executive Manager
Board of County Commissioners
AGENDA DATE: February 22, 2011
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2/22/2011 Item 16.H.S.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.H.5.
Item Summary: A resolution of the Board of County Commissioners of Collier County,
Florida, concurring with the determination of the Southwest Florida Expressway Authority to
discontinue it"s operations and undertake the process to disolve as an authority;
acknowledging the intentions of the Authority regarding the disbursement of the remaining
proceeds of loans made by the Florida Department of Transportation and Collier and Lee
Counties to the Authority; establishing an effective date.
Meeting Date: 2/22/2011
Prepared By
Approved By
Name: FederNorm
Tit]e: Administrator - Growth Management Div,Transportati
Date: 2/] 0/20] ] 3:]] :45 PM
Name: K]atzkowJeff
Title: County Attorney,
Date: 2115/20]] 2:07:37 PM
Name: OchsLeo
Tit]e: County Manager
Date: 2115/20]] 5:]5:47 PM
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2/22/2011 Item 16.H.5.
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RICK SCOTT
GOVERi'iOR
Florida Depart111ent of Trall!'portatioll
605 Suwannee Street STEPHANIE c. KOPELOljSOS
Tallahassee, FL 32399-0450 SECRETARV
January 11, 2011
Mr. William Barton, Chairman
Southwest Florida Expressway Authority
1532 Jackson Street
Fort Myers, FL 33901
Dear Chairman:
SUBJECT:
Toll Facilities Revolving Trust Fund (TFRTF) loans & remaining proceeds from
such loans
Thank you for your inquiry regarding the unexpended funds. To return the portion of the
unexpended funds that are not included in the State Board of Administration's Local
Government Investment Pool Fund B, you will need to send a check to the Cashier's Office,
Department of Transportation, 605 Suwannee Street, MS 42B, Tallahassee, FL 32399-0450
referencing the TFRTF loan. Upon delivery, these funds will be counted as a partial repayment
of the loans.
As you requested, we will contact the Authority's counsel in regard to the transference of Fund
B funds.
The balance of the loan will remain a debt of the Authority. If you have any questions, please
contact the Toll Facilities Trust Fund Manager, Amy L. Causseaux at (850)414-4644.
Sincerely,
j
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Marsna M. Johnson,
Director, Office of Financial Development
CC: District One Secretary Stan Cann
Johnny Limbaugh, District One
Gary A. Drzewiecki, Central Office
Joe Kowalski, Central Office
Robert Burdick, FOOT Central Office
Amy L. Causseaux, FDOT Central Office
\\'\vw.dot.state.fl.us
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'~SWFEH
2/22/2011 Item 16.H.5.
BPUCE ANDERSON
COL.!J(D COUNTY
January 17, 2011
i ~ DJ)
BY:~f"<
I
JDUIHWUI HUIIDB EXPRESSWOY IIUTIIORHV
BIU. IAATON
CHAIRPERSON
COWEL' COUNTY
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite #303
Naples, FL 34112
CCWMIS5IONER JIM COLm.
SECIlE1'ARV
COLUFlI COl.JNlY
KATHERINE GREEN
LEE COUNlY
Re: Southwest Florida Expressway Authority
Dear Commissioners:
COMYoISSIONER T/I./trIM( HALL
LEE COl.JNlY
The Southwest Florida Expressway Authority (the "Authority") has
recently made the determination that, due to the recent economic
downturn, the project of the Authority (the "Project") is not currently
viable. Consequently, the Authority is considering taking the steps necessary
to discontinue its operations and dissolve. As a lending partner to the
Authority, the Authority is writing to request the County's input regarding
such dissolution.
KEN HEATHERINGTON
SOlIiHv"t'EST flORIDA l'IFCJlONAl
PI ANNlNC (O."'::l
80B TAVlOQ
VICE CHt\l';(I>l:.IlSON
ST1t.N CANH
fDOT l)lSl~t':'l ONt St.CR[lIlJ<Y
As the Commission is aware, Toll Facilities Revolving Trust Fund Loans from
the Florida Department of Transportation (the "Depa rtment") were
previously awarded to the Authority on September 27, 2006 and October
29, 2007 (the "FOOT Loans") for purposes relating to the Project. The
Authority has no revenue to repay the FOOT Loans and has requested a
determination from the Department regarding resolution of the FDOT
Loans. The Authority has received the attached response from the
Department indicating that the FOOT Loans shall remain associated with the
Project. To the extent that the Project is undertaken at a future date, the
Department shall seek repayment of the FDOT Loans from the party or
parties undertaking the Project.
In addition to the unpaid FOOT loans, as of the date of the
Authority's last board meeting, the Authority had approximately $94,354.63
(subject to reconciliation) remaining in unrestricted funds of the Authority
loaned to it by Lee and Collier counties, and approximately $84,564.71
(subject to reconciliation) remaining in unexpended FDOT Loan proceeds.
The Authority anticipates that the unexpended FDOT Loan proceeds will be
returned to the Department, and upon dissolution, expects to return the
remaining unrestricted funds of the Authority, if any, to Lee and Collier
Counties on a proportionate basis based on the amounts previously loaned
by the two counties to the Authority.
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~SWFEH
2/22/2011 Item 16.H.5.
BIOlnWEST FlOIIOII UPREIIIWRY IOTHORny
IAUCI ANDE~
COUJEl( COUNTY
MJ. BARTON
OIAJIlPERSQN
co~ COUN1'Y
Please contact me if you have any questions.
COMMISSIONER JIM CClt..ETTA
SECRETARY
(OUJEJi COUNlY
Sincerely,
KATHERINE GREEN
LEE COUNTY
.
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William Barton, Chairman
COMMISSIONER TItNMf IWl.
LEE COUNTY
Cc: Wilbur Smith Associates
Broad and Cassel
Tuscan and Company, Inc.
KEN HEATHEfUNGTON
SOt.TTHt\'EST Fl OQIDA IlFGIONAl
I'llAo..lNINC', ((;.)!'~L
801 TAVlOA
VICE C'-V4:lPUISON
STAN CANN
rOOll>ISTll"iCl ONt S[CIlE.1AAV
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2/22/2011 Item 16.H.5.
from: FederNorm
Sent: Friday, February 04, 20111:09 PM
To: BetancurNatali
Cc: OchsLeo; KlatzkowJeff; BetancurNatali
Subject: FW: Dissolution of SWFEA
Please see material on your chair that needs to get to Ian for him to develop the ES. It shows
that Collier provided $150,000 of the 1st year $775,000 requested of each county, but did not
honor the request for the $625,000 balance when the Expressway Authority would not commit
to tolls staying off lanes 5 and 6. I do not know if Lee County provide all of the $775,000 before
the Authority sought and got Toll Facility Revolving Trust Fund $.
11 94-/,~4.~3
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(Le<;, (t\c..:l e P 'F"v rJ 'D $ FV OT
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2/22/2011 Item 16.H.S.
SW Florida Expressway Authority
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Katherine C. Green 390-1260 04/01/06
9990 Coconut Road, Suite 200
Bonita Springs, FL 34135
E-Mail: KatherineG@BonitaBayGroup.com
District:
Category: Governor's Appointment - Lee County
Commissioner Jim Coletta 774-8097 10/11/05
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail: jimcoletta@colliergov.net
District: 5
Category: Collier County Commissioner, District 5
Mr. William L. Barton 435-3880 11/01105
605 Palm Circle East 262-5648
Naples, FL 34102
E-Mail: billbarton39@prodigy.net
District: 4
Category: Collier County Citizen Appointment
Commissioner John Albion 335-2225 04/01106
P.O. Box 398
Ft. Myers, FL 33902
E-Mail: Dist5@leegov.com
District: 5
Category: Lee County Commissioner, District 5
Mr. R. Bruce Anderson 649-2708 2/16/06
1670 Crayton Road 643-2841
Naples, FL 34102
E-!l1ail: banderson@ralaw.com
District: 4
Category: Governor's Appointment - Collier County
04/01/10
4 Years
02/15/08
2 Years
02/15/10
4 Years
04/01/08
2 Years
04/10/1 0
4 Years
01,1011
Page
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2/22/2011 Item 16.H.S.
SW Florida Expressway Authority
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Robert M. Taylor 481-2011 04/01/06
13451 McGregor Blvd., Ste 27
Ft. Myers, FL 33919
E-Mail: bobtaylor@magllc.net
District:
Category: Lee County Citizen Appointment
04/01/10
4 Years
Mr. David Y. Burr 338-2550
1926 Victoria Avenue
Ft. Myers, FL 33901
E-Mail: dburr@swfrpc.org
District:
Category: SWFRPC Executive Director
Mr. Stanley Cann 519-2300
801 N. Broadway Street 863-
Bartow, FL 33830
E-Mail: Stan.Cann@dot.st.fl.us
District:
Category: FDOT District Secretary Non-Voting Member
Mr. David M. Loveland, AICP 479-8509
1500 Monroe Street, 3rd Floor
Ft. Myers, FL 33901
E-Mail: loveladm@leegov.com
District:
Category: Lee County Staff - non-voting
David M. Owen, Esq 335-2236
2115 Second St., 6th Floor
Ft. Myers, FL 33902
E-Mail: owendm@leegov.com
District:
Category: Lee County Staff - non-voting
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2/22/2011 Item 16.H.S.
SW Florida Expressway Authority
Name
Work Phone Appt'd E>..p. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term'
Andrea R. Fraser Laster~ Esq. 335-2236
2115 Second St. 6th Floor
Ft. Myers~ FL 33902
E-Mail: fraserar@leegov.com
District:
Category: Lee County Staff - non-voting
2011
Page 3
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2/22/2011 Item 16.H.5.
SW Florida Expressway Authority
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
The Governor signed a bill on June 8, 2005 approving the creation of the Southwest Florida
Expressway Authority encompassing Collier and Lee Counties. This governing body of the
authority shall consist of seven voting members and one non-voting member. The authority shall
have the right to acquire, hold, construct, improve, maintain, operate, own, and lease, in the
capacity of lessor, the Southwest Florida Transportation System. The authority's purpose is to
pursue additional lanes on 1-75 within Lee and Collier Counties as tolled express lanes. Terms
are 4 years.
The Board of County Commissioners will appoint one voting member to represent Collier
County. This member shall be a person of outstanding reputation for integrity, responsibility, and
business ability and shall have an interest in ground transportation. Qualifications in the field of
business and finance, and experience and knowledge in large scale transportation and/or
management projects are desired. One County Commissioner will serve a 2-year term.
Amy Davies - cell 898-1784
adavies@wilbursmith_com
FL STAT: pt. X ofch. 348
Staff: Phil Tindall - Manager MPO: 252-5896
02,
Page 4 0/4
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2/22/2011 Item 16.H.S.
RESOLUTION NO. 11-_
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, CONCURRING WITH THE
DETERMINATION OF THE SOUTHWEST FLORIDA
EXPRESSWAY AUTHORITY TO DISCONTINUE ITS
OPERATIONS AND UNDERTAKE THE PROCESS
TO DISSOLVE AS AN AUTHORITY;
ACKNOWLEDGING THE INTENTIONS OF THE
AUTHORITY REGARDING THE DISBURSEMENT
OF THE REMAINING PROCEEDS OF LOANS MADE
BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION AND COLLIER AND LEE
COUNTIES TO THE AUTHORITY; ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the "Board"), previously
authorized the establishment of the Southwest Florida Expressway Authority (the
"Authority") to pursue the addition of toll road facilities to Interstate 75 (the "Project"); and
WHEREAS, the Authority ha$ reported to the Board that due to the recent economic
downturn, the Authority does not believe that the Project is currently viable; and
WHEREAS, the Authority has no source of funding to repay loans made to the
Authority by the Florida Department of Transportation (the "Department"), Collier County,
Florida and Lee County, Florida to pursue the Project; and
WHEREAS, the Authority has recently obtained a resolution of the loans from the
Department and now seeks to obtain the acknowledgement, consent and agreement of
Collier County to: (a) discontinue the Authority's operations and pursuit of the Project; (b)
take such steps and expend such reasonable amounts on deposit in its accounts (including
remaining loan proceeds from Collier County) and available for such purposes to close its
books and records, return any unspent proceeds of loans to the Department and to Collier
and Lee Counties and dissolve itself as a governmental entity; and
NOW, THEREFORE, be it resolved by the Board of County Commissioners that:
The Board does hereby acknowledge and agree with the Authority that the
Project is not currently viable and does hereby consent to the Authority: (a)
discontinuing its operations and pursuit of the Project; (b) taking such steps
and expending such reasonable amounts on deposit in its accounts (including
remaining loan proceeds from Collier County) and available for such
purposes to close its books and records, return any unspent proceeds of
loans to the Department and to Collier and Lee Counties (on a pro-rata basis)
and dissolve itself as a governmental entity.
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2/22/2011 Item 16.H.5.
THIS RESOLUTION ADOPTED after motion; second and majority vote this _
day of , 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, CHAIRMAN
Approved as to form and legal sufficiency:
By:
Assistant County Attorney
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