HomeMy WebLinkAboutAgenda - 06-24-2008-4gORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 24, 2008
Action Agenda
Item No. __~' ` J
SUBJECT: Proposed Financing for Animal Shelter and Solid Waste Equipment
DEPARTMENT: Finance PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Supporting Application to the
LGC for Approval of Installment Gary Humphreys, 919-245-2453
Financing Robert Jessup, 919-755-1800
PURPOSE: To consider adopting a resolution required by the Local Government Commission
(LGC) for approval of the acquisition of financing needed for construction of the Animal Services
Facilities and to reimburse the County for Solid Waste equipment that has been recently
purchased,
BACKGROUND: The proposed financing is a part of the planned financings to be issued ~in
Fiscal Year 2008-09 that have been previously been discussed by the Board of County
Commissioners. On February 19, 2008, the Board approved a contract for site preparation for
the Animal Services Facility and a reimbursement resolution authorizing the issuance of a
maximum of $8 million of non-general obligation debt (alternative financing) to pay for the costs
of this project. At its June 3, 2008 meeting, the Board approved the contract for construction of
the Animal Services Facility. On February 19, 2008, the Board authorized the purchase of two
front loading garbage trucks at a total cost of $401,592. On April 1, 2008, the Board approved
the purchase of a landfill compactor at a cost of $645,222 along with a reimbursement resolution
authorizing financing.
This proposed financing of $9.3 million will require approval of the LGC. The requested Board
action is the initial step in the LGC approval process and involves the adoption of the attached
resolution. The resolution accomplishes several purposes that include:
• Authorizing County Staff to pursue the LGC application process;
• Authorizing County Staff to solicit financing proposals; and
• Directing staff to arrange for a public hearing on the proposed financing (proposed public
hearing date is August 19, 2008).
If the Board approves the resolution, staff will proceed to solicit proposals from institutions
interested in providing the County with financing for the project. The financing related to the
Animal Shelter will be for a period not to exceed 20 years. The Solid Waste equipment financing
will be for a period not to exceed 59 months. The recommended financing proposals will be
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presented for approval on August 19, 2008. The County will present the proposed financing to
the LGC for approval at its September 2, 2008 meeting. Closing of the financing should occur
within the following ten days.
FINANCIAL IMPACT: The financing will increase the debt of the County by an amount not to
exceed $9.3 million. Interest on the financing is estimated to be $4.033 million for a total of
$13.332 million in debt service. There will be no debt service payments in Fiscal Year 2008-09
and therefore no impact on the Fiscal Year 2008-09 tax rate. It is estimated that the debt
service payments will require a tax increase of not more than .69 of one cent in Fiscal Year
2009-10.
RECOMMENDATION(S): The Manager recommends that the Board adopt the accompanying
findings resolution related to the financing.
Resolution supporting an application to the Local Government Commission for
its approval of a financing agreement for Orange County
WHEREAS,
The Board of Commissioners of Orange County has previously determined to
undertake (a) the acquisition and construction of a new animal services building, and (b)
the acquisition of new landfill equipment.
The Board has previously determined to finance costs for these projects by the use
of an installment contract, as authorized under Section 160A-20 of the North Carolina
General Statutes.
Under the guidelines of the North Carolina Local Government Commission, this
governing body must make certain findings of fact to support the County's application
for the LGC's approval of the County's proposed financing arrangements.
THEREFORE, BE IT .RESOLVED by the Board of Commissioners of Orange
County, North Carolina, as follows:
(a) The County makes a preliminary determination to finance project costs, as
follows:
Component
Estimated Maximum Amount
Animal services building
Landfill equipment
Total
$8,000,000
1,300,000
$9,300,000
The Board will determine the final amount to be financed by a later resolution.
The total amount financed may reflect adjustments to the amounts listed above and may
include amounts for financing costs.
(b) The Finance Officer is authorized and directed to take all appropriate steps
toward the completion of the financing, including (i) completing an application to the
LGC for its approval of the proposed financing, and (ii) soliciting one or more proposals
from financial institutions to provide the financing.
BE IT FURTHER .RESOLVED that the Board of Commissioners makes the
following findings of fact:
(a) The proposed projects are necessary and appropriate for the County under
all the circumstances. The new animal services building is necessary to replace a facility
that will no longer be available to the County. The landfill equipment will enhance
service levels and the efficiency of landfill operations.
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(b) The proposed installment financing is preferable to a bond issue for the
same purposes. These projects are for discrete facilities and are for relatively small
amounts. These projects therefore lend themselves to installment financing and are not
particularly suitable for voter-approval bond financing.
(c) The estimated sums to fall due under the proposed financing contract are
adequate and not excessive for the proposed purpose. The County will obtain
competitive lending proposals, and will closely review proposed lending rates against
market rates with guidance from the LGC. All project costs to be financed will be based
on approved bids for the construction and acquisition.
(d) As confirmed to the Board at this meeting by the County's Finance Officer,
(i) the County's debt management procedures and policies are sound and in compliance
with law, and (ii) the County is not in default under any of its debt service obligations.
(e) The County expects that the amounts required to repay the amounts financed
for the projects will require the equivalent of a real property tax increase of
approximately .69 cents. Such an increase is appropriate under all the circumstances,
given the need for the projects. In addition, the County expects that debt service related
to the landfill equipment will be paid from the County's solid waste enterprise fund.
(f) The County Attorney is of the opinion that the proposed projects are
authorized by law and are purposes for which public funds of the County may be
expended pursuant to the Constitution and laws of North Carolina.
BE IT FURTHER RESOLVED as follows:
(a) The County intends that the adoption of this resolution will be a declaration
of the County's official intent to reimburse project expenditures from financing proceeds.
The County intends that funds that have been advanced for project costs, or which may
be so advanced, from the County's general fund, or any other County fund, may be
reimbursed from the financing proceeds.
(b) The Board will hold a public hearing on this matter. The County Manager
is authorized and directed to set the date and time of the hearing, and the Clerk to this
Board is authorized and directed to publish a notice of such public hearing in the manner
provided for by law.
(c) This resolution takes effect immediately.
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I certify that the foregoing resolution was duly adopted at a meeting of the Board
of Commissioners of Orange County, North Carolina, duly called and held on June 24,
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2008, and that a quorum was present and acting throughout such meeting. Such
resolution remains in full effect as of today.
Dated this day of , 2008.
[SEAL]
Donna Baker
Clerk, Board of Commissioners
Orange County, North Carolina
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