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HomeMy WebLinkAboutAgenda - 11-10-2016 - 1 - Discussion of Outside Agency Funding Target and Funding for Non-Profit Capital Needs 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 10, 2016 Action Agenda Item No. 1 SUBJECT: Discussion of Outside Agency Funding Target and Funding for Non-Profit Capital Needs DEPARTMENT: Finance and Administrative Services ATTACHMENT(S): INFORMATION CONTACT: Bonnie Hammersley, (919) 245-2300 Attachment A: Bond Counsel Gary Donaldson, (919) 245-2453 Communication PURPOSE: To discuss potential Outside Agency Funding Targets and funding of Non-Profit Capital Needs. BACKGROUND: The FY 2016-17 Approved Budget includes funding awards for 55 outside agencies totaling $1,176,763. This amount includes $83,530 for 12 new or previously unfunded agencies. Each year, Outside Agencies submit funding applications to the County detailing program requests. These programs are reviewed by Advisory Boards and scored on a scale of 0-100 based on the following criteria: • What is the program's Mission? • Who are the program's Customers and what does the customer value? • What are the program's Results? • What is the program's Plan for implementation and improvement? As a part of the budget development process, Outside Agencies applications and scorecards are provided to the County Manager to assist in recommending decisions as part of the Manager's Recommended Budget each year. The Board of County Commissioners then approves final funding amounts as part of the Budget Adoption process in June. Performance Agreements are executed for each funded Outside Agency, and funding allocations to the agencies are provided on a quarterly basis throughout the fiscal year. The Finance staff has surveyed other local governments in North Carolina to review other funding target options for Outside Agencies. 2 The following are potential funding formulas for BOCC consideration: • Percent of Budget • Fixed Dollar Amount • Incremental Unit of Tax Rate • Dollar Per Capita The staff presentation at the meeting will provide information on: • Outside Agency Funding as a Percent of County Budget • Outside Agency Dollar Requests versus Dollar Approved • Other Potential Funding Formulas The County currently provides funding to Outside Agencies for operating expenses only. At the request of the BOCC, a review of options for capital requests is attached (Attachment A) and addressed in the staff presentation. These potential capital funding options include: • Construct a building, and lease it long-term • Make a restricted capital grant • Make a multi-year grant that could be used for lease or loan payments • Fund a loan-loss reserve to back loans to the outside agencies FINANCIAL IMPACT: There are no financial impacts associated with discussion of possible Outside Agency funding targets and funding of Non-Profits capital needs. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this agenda item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. RECOMMENDATION(S): The Manager recommends that the Board discuss potential Outside Agency funding targets and potential for any Non-Profit capital requirements and provide any direction to staff. Attachment A 3 SanfordHolshouser www.Sanfordholshou serlaw.corn October 31, 2016 Orange County — capital funding for outside agencies There are a variety of ways in which the County could provide capital funding for outside agencies if it decided to do so. In each case, the legal basis for our approach represents a combination of the statute that allows the County to contract with private entities to carry out work that the County could carry out itself (Section 153A-449), and the statute that allows the county to enter multi-year continuing contracts for services (Section 153A-13). In many ways, these approaches mirror approaches used for affordable housing programs in which the units will be privately owned. Build a building, lease it out long-term The County would build a building for use by the agency. The County would continue to own the building. The County could either pay cash for the building or undertake an installment financing for the building (whether the financing would qualify for tax-exempt financing or would require more expensive taxable financing would have to be determined at that time). The lease could either require a cash payment or provide that the use of the building is part of the County's consideration for the services to be provided by the agency. Matters of maintenance, taxes and insurance would also have to be resolved in connection with the lease. The construction of the building would likely be subject to the construction and bid laws otherwise applicable to County projects. As an alternative, the County could establish a nonprofit corporation of its own to undertake the financing and construction, although the lenders would still look to the County to make the loan payments, and the construction and bids laws would likely still apply. Make a restricted capital grant The County would use cash on hand to make a larger than usual grant that the agency could use for a capital expense. The performance agreement would restrict the use of the funds for the planned capital expense, and would extend for a term 4 SanfordHolshouser www.Sanfordholshou serlaw.corn commensurate with the size of the grant. Because County money would be the intended source for the payment of the construction costs, the construction of the building would likely be subject to the construction and bid laws otherwise applicable to County projects. Make a multi-year grant that could be used for lease or loan payments The outside agency would contract for a capital project, and the County would enter a multi-year grant agreement that was sized to provide for the agency's lease or loan payments related to the project. Fund a loan-loss reserve to back loans to the outside agencies. As the County has done with its business loan programs, the County could fund a loan-loss reserve to support loans incurred by the outside agencies. Considerations for all approaches The function to be served by the outside agency must be a function the County is authorized to provide directly. Each arrangement should be supported by a contract with the outside agency that specifies the work to be done by the agency. If the County uses a multi-year grant approach, then the contract should extend for the term of the grant. If the County uses a lease approach, then the performance contract should extend for the term of the lease. There should in all events be some level of proportionality between the funding from the County and the service by the agency. In undertaking any program of this sort, the County should build a strong record documenting the public benefit expected from the arrangement. To the extent the County views the project and benefitting agencies as enhancing employment and business prospects in the County, the County would be well-served to also follow the statutory procedures (including public hearings) provided for in the business incentive statutes. * * * * * * * * * * * * * * * Please let me know if you have any questions for me. Thanks, as always. Bob Jessup