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HomeMy WebLinkAboutMinutes 05-09-2017 1 APPROVED 6/6/2016 MINUTES BOARD OF COMMISSIONERS BUDGET WORK SESSION May 9, 2017 7:00 p.m. The Orange County Board of Commissioners met for a work session on Tuesday, May 9, 2017 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs, Mark Dorosin, Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) Chair Dorosin called the meeting to order at 7:01 p.m. The Board, by consensus, decided to consider the Resolution Opposing A Proposal Before the UNC Board of Governors to Prohibit Centers and Institutes From Participating in Litigation. Commissioner Rich read the resolution: ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION OPPOSING A PROPOSAL BEFORE THE UNC BOARD OF GOVERNORS TO PROHIBIT CENTERS AND INSTITUTES FROM PARTICIPATING IN LITIGATION WHEREAS, at its March 2, 2017 meeting, the Board of Governors of the University of North Carolina received a proposed policy that "seeks to protect the academic focus of Centers and Institutes by restricting Centers and Institutes from participating in litigation"; and WHEREAS, the proposed policy states that "no Center or Institute may...file a complaint, motion, lawsuit or other legal claim in its own name or on behalf of any individual or entity against any individual, entity, or government or otherwise act as legal counsel to any third party; or employ or engage, directly or indirectly, any individual to serve as legal counsel or representative to any party in any complaint, motion, lawsuit, or other legal claim against any individual, entity, or government or to act as legal counsel to any third party"; and WHEREAS, practically speaking, the proposal would affect only the state's two public law schools at the University of North Carolina at Chapel Hill and North Carolina Central University; and WHEREAS, the ability of these centers and institutes to engage in litigation specifically against state, city, and county governments serves as a proper check and balance in our country's 2 system of governance, where power is allocated among the three branches of government under the Constitution; and WHEREAS, the UNC Center for Civil Rights —which would effectively be eliminated by the proposal — serves the memory of the late Julius Chambers, who received his undergraduate degree at NCCU, received his law degree at UNC-Chapel Hill, practiced law as a prominent civil rights attorney and argued several cases successfully before the United States Supreme Court, and then later served as chancellor at NCCU before founding the Center; and WHEREAS, the UNC Center for Civil Rights has a goal to "represent, educate, and advocate for minority and low-income people, principally in the American South"; and WHEREAS, the American Bar Association requires that law schools engage their students in a minimum of six hours of experiential learning in order to retain accreditation; and WHEREAS, centers and institutes exist at numerous law schools across the country to provide exactly this type of experiential learning through litigation for law students during this phase of their practical academic training; and WHEREAS, residents of Orange County have benefited from representation and advocacy by students, staff, and faculty of the UNC Center for Civil Rights; and WHEREAS, the Board of Governors is currently receiving comments on the proposal; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners urges the Board of Governors to reject the proposal to prohibit centers and institutes at its public law schools from engaging in litigation. This the 9th day of May 2017. Penny Rich, Vice Chair Orange County Board of Commissioners A motion was made by Commissioner Jacobs, seconded by Commissioner Marcoplos to adopt/approve a resolution "OPPOSING A PROPOSAL BEFORE THE UNC BOARD OF GOVERNORS TO PROHIBIT CENTERS AND INSTITUTES FROM PARTICIPATING IN LITIGATION". Chair Dorosin said he appreciated Commissioner Rich bringing this resolution forward, and he is the Managing Attorney at the Center. He asked if Commissioner Rich would sign the resolution on behalf of Orange County. Chair Dorosin said the Center does not sue people in the name of UNC, but it represents clients that are fighting against discrimination. He said the staff at the Center works on behalf of its clients. He said the Center for Civil Rights does not receive any state funding; rather grants, private foundations, and gifts fund all costs. VOTE: UNANIMOUS 3 1. Discuss and Prioritize Capital Projects in the Manager's Recommended FY 2017- 22 Capital Investment Plan BACKGROUND: On April 4, 2017, the Manager's Recommended FY 2017-22 Capital Investment Plan (CIP) was presented to the Board of County Commissioners (See Attachment 1). The Five-Year Plan includes County Capital projects, School Capital projects (including Chapel Hill-Carrboro City Schools, Orange County Schools, and Durham Technical Community College — Orange County Campus), as well as Proprietary projects (including Water and Sewer, Solid Waste Enterprise Fund, and Sportsplex Enterprise Fund). The projects listed in the FY 2017-22 CIP totaled $274,423,538, with Debt Capacity Ratios (Debt Service to General Fund revenues) ranging from 12.8% in FY 2017-18 to 17.4% in FY 2021-22. The County has a Debt Management Policy, which states, "The County will strive to maintain its annual debt service costs at a level no greater than fifteen percent of general fund revenues, including installment purchase debt". This policy is consistent with the Government Finance Officers Association best practice. On September 10, 2015, the Board of County Commissioners held a work session to review potential General Obligation Bond Referendum packages and its impact on the CIP related to Debt Capacity and Debt Affordability. The County's financial advisor, Davenport and Company, presented a series of potential cases related to the Bond Referendum amount. As part of the presentation, the CIP funding case included the FY 2015-20 Approved CIP and a $125 million referendum. (See Attachment 3) Tonight's discussion will be focused on prioritizing Capital projects to achieve the Debt Capacity of 15%, to restructure debt to fund the scheduled CIP projects within the policy threshold, and to reflect tax rate equivalent impacts to achieve Debt Affordability by minimizing or eliminating cash flow shortfalls. County staff has made an attempt to help remedy exceeding its policy and/or addressing the cash flow shortfall by delaying or removing County Capital projects until they can be funded within the parameters of the adopted policy. Also, consistent with Year 1 of the Manager Recommended FY 2017-22 CIP, it includes substituting pay-as-you-go funds for school projects to debt financing in Years 2-5. The following are the adjustments made to County Capital projects, as reflected in FY 2017-22 CIP Alternative 1: • Parking Lot Improvements - $1,625,000 moved from Year 5 to Year 6 related to OPT/ AMS North and Passmore Center improvements; and removed $300,000 for Efland- Cheeks Community Center as it is included in the construction of a new Efland-Cheeks Community Center in Year 3. • Southern Orange Campus Expansion - changed funding source to $3,269,500 in Medicaid Maximization funds for the Health clinics portion, and $1,555,500 in debt financing. • Information Technology Fiber Connectivity— moved $1,045,675 out of both Years 2 and 3 to Years 6-10. • Information Technology Governance Council Initiatives — removed $500,000 in Years 2 and 4. • EMS Substations — moved $700,000 from Year 3 to Year 5; moved $1,500,000 from 4 Year 4 to Years 6-10, and moved $600,000 from Year 5 to years 6-10. • Orange County Radio/Paging System Upgrades — removed $1,400,000 as there are current funds within this project to cover this expense. • Register of Deeds Automation — removed $400,000 for the software system purchase as there are current funds within the Automation and Enhancement Preservation Fund to cover this expense. • Mil!house Road Park— moved $300,000 from Year 2 to Year 4, and moved $6,400,000 from Year 3 to Year 5. • Northeast District Park— moved $350,000 from Year 3 to Year 5, and moved 7,650,000 from Year 4 to Years 6-10. The County's financial advisor, Davenport and Company, will present additional information (See Attachment 3) regarding the following possible options to consider as it relates to exceeding the policy and/or addressing cash flow shortfalls: (1) Consider alternative debt restructuring flexibility from the Local Government Commission (LGC), in order to fund the scheduled CIP projects within the policy threshold, and reduce cash flow shortfalls; (2) Implement tax rate adjustments to minimize or eliminate cash flow shortfalls. FINANCIAL IMPACT: There is no immediate financial impact associated with discussion and prioritization of the FY 2017-22 Capital Investment Plan. It is a long-range financial planning tool with a financial impact in FY 2017-18, if the first year of the CIP is approved by the Board of County Commissioners with the adoption of the Annual Budget. Ted Cole, Davenport and Company Senior Vice President, made the following PowerPoint presentation: County Tax Supported CIP Discussion Materials Orange County, North Carolina Credit Rating Overview and Peer Comparatives- graph Peer Comparative Introduction • The County is currently rated AAA by Moody's Investors Service (May 2015), AAA by Standard and Poor's (June 2015), and AAA by Fitch (June 2015). • The following pages contain peer comparatives based on the Moody's AAA peer counties listed below. — National AAA Counties — 93 Credits — North Carolina AAA Counties - 9 Credits o Buncombe, Durham, Forsyth, Guilford, Mecklenburg, New Hanover, Orange, Union, Wake Historical Credit Spreads • The County's credit rating has a direct impact on the cost of borrowing, which in turn affects the County's debt capacity. — The credit spread is the premium an issuer pays to the purchaser of their bonds (i.e. higher interest rate) as compensation for increased credit risk. 5 — Since the financial downturn in September 2008, credit quality of issuers has taken on a renewed importance to investors. — The average spread for an A rated borrower has increased from 0.33% from Nov 2004 — Dec 2008 to 0.70% since Dec 2008. Rating Agency Methodology Updates - graph Moody's Qualitative Factors Moody's • On January 15, 2014, Moody's updated its US Local Governments General Obligation Debt methodology and assumptions. • Under the new methodology, an initial indicative rating is calculated from a weighted average of four key factors: • Below the line qualitative adjustments can be made based upon certain factors. Rating Agency Methodology Updates S&P • On September 12, 2013, Standard & Poor's updated its US Local Governments General Obligation Ratings methodology and assumptions. • Under the new methodology, an initial indicative rating is calculated from a weighted average of seven key factors: • Up to a one-notch adjustment can be made from the indicative rating based on other qualitative factors. • US Local Governments General Obligation Ratings Methodology - graph Fitch • On April 18, 2016, Fitch updated its US Tax-Supported Rating Criteria. • Under the new methodology, Fitch has identified four key rating factors that play a significant role in driving the rating outcome for a given issuer in the context of its economic base: • The factors cover both the institutional framework in which an issuer operates, which varies by level and location of government, and performance within that framework. • Fitch publishes specific rating category evaluations for each factor, with analysis focused on long-term trends and expectations. • Key Ratings Factors - graph Debt Policy Overview County Policies- page 8 • The County Board adopted a series of financial policy guidelines on April 5, 2011, including: — A Cash Management and Investment Policy. — A General Fund Balance Policy: o The County will strive to maintain an unassigned fund balance in the General Fund of 17% percent of budgeted general fund operating expenditures each fiscal year. The amount of unassigned fund balance maintained during each fiscal year should not fall below 8% percent of budgeted general fund operating expenditures, as recommended by the North Carolina Local Government Commission. — Tax Supported Debt Policies: 6 o The County will maintain its net bonded debt at a level not to exceed 3% percent of the assessed valuation of taxable property within the County. o The County will strive to maintain its annual debt service costs at a level no greater than 15% percent of general fund revenues, including installment purchase debt. This is a recommended "best practice" from the Government Finance Officers Association. Summary of Existing Financial Policies - graph - page 9 Existing Tax Supported Debt - graph - page 11 Tax Supported Debt Service - graph Par Outstanding — Estimated as of 6/30/2016 Tax Supported Debt Service Key Debt Ratio: Tax Supported Payout Ratio - page 12 • Rating Considerations: — Moody's: Moody's rating criteria for General Obligation credits allows for a scorecard adjustment if an issuer has unusually slow or rapid amortization of debt principal. — S&P: A payout ratio greater than 65% results in a one point positive qualitative adjustment to the Debt & Contingent Liabilities section of S&P's General Obligation rating methodology. • Existing 10-year Payout Ratio — FY 2017: 89.7% • The 10-Year Payout Ratio measures the amount of principal to be retired in the next 10 years. • This ratio is an important metric that indicates whether or not a locality is back-loading its debt. • The County does not have a Financial Policy setting a minimum 10-Year Payout Ratio. Key Debt Ratio: Tax Supported Debt to Assessed Value TS Debt to Assessed Value Peer Comparative (Lower is Better) - page 13 • Rating Considerations: — Moody's: Criteria for General Obligation Credits defines categories of Debt to Assessed Values as: o Very Strong (Aaa): < 0.75% o Strong (Aa): 0.75% - 1.75% o Moderate (A): 1.75% - 4.00% o Weak—Very Poor (Baa and below): > 4.00% — S&P: A positive qualitative adjustment is made to the Debt and Contingent Liabilities score for a debt to market value ratio below 3.00%, while a negative adjustment is made for a ratio above 10.00%. • Existing Tax Supported Debt to Assessed Value — FY 2017: 1.01% • Assumed Future Growth Rates — 2016 Assessed Value: $16,778,182,392 — 2017 Budgeted A.V.: $16,942,732,752 7 — 2018 & Beyond: 1.70% • The County has a Financial Policy setting a maximum Tax Supported Debt to Assessed Value of 3.0%. Key Debt Ratio: Tax Supported Debt Service vs. Governmental Expenditures TS Debt Service vs. Gov't Expenditures Peer Comparative (Lower is Better) • Rating Considerations: — Moody's: Moody's criteria allows for a scorecard adjustment if an issuer has very high or low debt service relative to its budget Percent. — S&P: The Debt and Contingent Liabilities section defines categories of Net Direct Debt as a % of Total Governmental Funds Expenditures as follows: o Very Strong: <8% o Strong: 8% to 15% o Adequate: 15% - 25% o Weak: 25% - 35% o Very Weak: > 35% • Existing Tax Supported Debt Service vs. Governmental Expenditures — FY 2017: 11.72% • Assumed Future Growth Rates — 2016 Adjusted Expenditures: $193,857,534 — 2017: 1.50% — 2018 & Beyond: 1.70% • The County does not have a Financial Policy setting a maximum Tax Supported Debt Service to Governmental Expenditures. However, the County has a policy setting a maximum Debt Service to General Fund Revenues of 15.0%. Key Debt Ratio: Tax Supported Debt Service vs. General Fund Revenues Tax Supported Debt Service vs. General Fund Revenues • Existing Tax Supported Debt Service vs. General Fund Revenues — FY 2017: 12.87% • Assumed Future Growth Rates — 2017 Original Budget : $203,116,868 z — 2018 Estimate : $209,221,031 — 2019 & Beyond: 2.00% • The County has a policy setting a maximum Tax Supported Debt Service to General Fund Revenues of 15.0%. 1 Excludes Fund Balance appropriation of$12,726,944. 2 Per County Staff. Excludes Fund Balance appropriation of$7,976,633. TS Debt Service vs. General Fund Revenues (Lower is Better) • Note: Peer comparative is estimated based on data available through Moody's MFRA. Debt Affordability Analysis - page 16 - graph Existing Debt • FY 2018 Value of a Penny: $1,781,692 • Assumed FY 2019 & Beyond Growth Rate: 1.70% Debt Capacity and Debt Affordability Analysis September 2015 Overview— Bond Referendum Discussion 8 Overview September 2015 Summary of Cases 1 & 2 • On September 10, 2015, the County Board held a retreat to review potential General Obligation Bond Referendum packages. • During that meeting, Davenport presented a series of potential cases which included: — Case 1: Existing County CIP Only — Case 2: Existing County CIP and $125 of Referendum Projects — Case 3: Existing County CIP and $130 of Referendum Projects — Case 4: Existing County CIP and $135 of Referendum Projects • At the October 7, 2015 County Board meeting, the Board voted to pursue a $125 million Bond Referendum for: — School Projects - $120 Million — Affordable Housing Projects - $5 Million • As part of the presentation on September 10, 2015, the CIP funding case that included the $125 million referendum resulted in the following: — A required tax equivalent increase of 4.92¢ in FY 2018 or a total of 7.47¢ between FY 2018 and 2022. — While the County was projected to be in compliance in all cases with its Debt Service to Assessed Value policy, the General Fund Debt Service to General Fund Revenues exceeds the policy in FY 2020 and 2022. September 2015, Recommended 2017, and 2017 CIP Alternative #1 Difference in Debt Funded Projects Overview • The County adopts a 5 Year Capital Improvement Plan on an annual basis as part of its budget process. — The County identifies funding sources for each of the projects. — Proposed capital projects are reviewed and adjusted as necessary each year. • Since September 2015, the County has adopted the FY 2016-2017 CIP and is currently in the process of reviewing the FY 2017-2018 CIP. • As part of the adoption and development of these CIPs, a number of items have changed and evolved since September 2015. • In addition to adjustments made to the projects included in the CIP, a number of assumptions have been adjusted in the debt funding model, including items such as: — Project amounts and timing to match the CIP, including one additional year of CIP projects. — The addition of short-term financings for software, equipment, and similar projects. — Updated budget assumptions and growth rates for key drivers, including: o General Fund Revenues. o Assessed Value. o Value of a Penny. — In analyses where an upfront tax increase is calculated, the year of the tax increase was shifted from FY 2018 to FY 2019. • The following pages contain a summary of the debt issuance included in the current draft CIP and the associated impacts. Capital Improvement Plan — Case Overview- page 20 9 • As part of the annual CIP process, the County identifies Capital Projects for potential debt funding. The CIP includes Installment Purchase Contracts / Limited Obligation Bonds as well as General Obligation Bonds approved during the November 2016 Referendum. • Future debt is assumed to be funded under the following assumptions: — Issuance Date: Fiscal Year indicated in the CIP (mid-year) — First Payment: Fiscal Year following issuance — Short-Term Borrowings: 5 Year Term at 2.25% - 3.00% — Medium-Term Borrowings: 15 Year Term at 3.25% — Long-Term Borrowings: 20 Year Term at 4.00% - 4.50% • Key Debt Ratio Growth Assumptions: — Assessed Value — Natural Growth: 2018 & Beyond: 1.70% — General Fund Revenues — Natural Growth: 2018 & Beyond: 2.00% plus revenue derived from projected tax increases identified in the capital funding plan (note: revenues include sales tax). 2017 CIP Alternative #1 — Future Debt Financings- graph- page 21 Summary of Results —2017 CIP Alternative #1- page 22 Debt Affordability Analysis 2017 CIP Alternative #1 Debt— No Tax Adjustment- page 23 • FY 2018 Value of a Penny: $1,781,692 • Assumed FY 2019 & Beyond Growth Rate: 1.70% • Note: Without a tax increase, the County is forecasted to have shortfalls from FY 2019 to 2027 totaling $74,426,098. Commissioner Jacobs said another bond, of comparable size, will be needed in the future, and asked if there is a timeline on this. Ted Cole said there are needs going forward, and the current CIP is being worked with. He said it is not demonstrated well on this page, but if the County moved forward with an upfront adjustment of 5.5 pennies, the County would have new dollars available for debt service in FY 2025. He said this particular CIP goes to FY 2022, and dollars are available beyond what is needed for this CIP beginning in FY 2025. He said the County could do a borrowing in 2024, and the new debt service would start in 2025. He said there is a little bit of a gap between 2022 and 2024, but that is likely the next CIP horizon, and there will be some debt affordability. He said this debt affordability has yet to be measured, but it is a continuation of this whole process. He said he could measure "x" million in 2024, 2025, 2026, etc. He said a GO bond authorization is good for a 7-year period, and it is fairly straightforward to get it extended to 10 years. He said this debt should be fully issued by FY 2022, which is on a somewhat aggressive schedule, and there may be a couple of years that they could stretch GO authorization out to 2024. Commissioner Jacobs said when the Board passed a bond in 2016, he doubted that the public realized that other comparable projects would not be able to be accomplished until 2029. He said he does not think projects were prioritized with this in mind. Commissioner McKee asked if the possibility of pushing out anything would depend on when the projects were built. 10 Ted Cole said it would be striking a balance between wanting projects sooner and the projects being too costly until a later date. He said the luxury of pushing out the debt issuance may not be possible. Commissioner McKee said a lot of these projects are very big and would eat up most of the issuance debt. He said the County will be obligated to go at a faster rate, rather than further out. Ted Cole said for this very reason, the County may find that general fund revenues are growing more quickly, and the future policy issue may work itself out because the revenue component is higher than projected. Commissioner Jacobs said this has conceptual implications on how the County deals with large CIP projects going forward. He said even two bonds will not cover all the many issues in the schools: health, safety, capacity, modernization, etc. He said this presentation grounds the discussion, and there needs to be a short hand way to articulate this to the school boards and the public, as to what the County will be able to afford. He said the County needs to revisit its priorities each time it considers taking on new debt. Summary of Results — 2017 CIP Alternative #1 with Structured Principal Observations / Items for Discussion • Orange County has formalized a series of Financial Policy Guidelines and has a formal CIP process in place. • Orange County has historically managed its debt in a conservative fashion, as evidenced by a strong 10-year Payout Ratio. — Note: This conservative debt structure contributes to a higher Debt Service to Budget Ratio. • Based on a series of conservative CIP projections / assumptions, the 2017 CIP Alternative #1 results in a projected cash flow shortfall (after the FY 2018 borrowing) and the County is projected to exceed its Debt Service to General Fund Revenues Policy (after the FY 2020 borrowing). • The County has a number of options to consider as it relates to exceeding its policy and/or addressing cash flow shortfalls: — Consider delaying projects until they can be funded within the confines of the adopted policies. — Consider requesting alternative debt structuring flexibility from the LGC in order to fund the currently scheduled CIP projects within current policy limits and/or reduce cash flow shortfalls. — Implement tax rate adjustments to minimize / eliminate cash flow shortfalls. — Consider amendments to County policies: o Change Policy Targets or Ratios. o Add provisions that allow for policy exceptions subject to Board review/ approval. Potential Next Steps • County Board reviews the current draft of the CIP and projected results. • County Board provides guidance on preferred option or options for addressing cash flow shortfalls and policy non-compliance. • Davenport and County staff develop potential alternative scenarios and present a series of options for the Board's consideration and feedback. • Final CIP developed and adopted by the County Board. 11 Appendix Details of Principal Structuring Cases Principal Structuring Chair Dorosin referred to page 24, and said the incremental option jumps all over the place. He asked if these numbers are based on the amount of projects happening in any given year. Ted Cole said these numbers are driven by the amount of debt they are issuing. Travis Myren made the following PowerPoint presentation: Capital Investment Plan Prioritization Board of Orange County Commissioners May 9, 2017 Total Appropriations —Alternative 1 (graph) • County capital projects reduced by approximately $22.4 million in years 1 through 5 • No changes to school capital or Durham Tech facility expansion Projects and Facilities (graph) Commissioner McKee asked if the jail project is currently on hold. Travis Myren said he spoke with the Sheriff today about doing the project on the current site, which the Sheriff supports. He said the architects will be redirected to start looking at this site, and there will be some preliminary conversations with Hillsborough about its requirements to complete such a project. He said this decision has not been completely made, but the current site is being studied much more closely. Travis Myren resumed the presentation: Parking Lot Improvements • AMS North moved from year 5 to years 6 to 10 ($1.6 million) • Efland Cheeks Community Center parking lot ($300,000) removed - included in Community Center project in Year 3 Southern Orange Campus • $3.6 million in Medicaid revenue applied to the Public Health portion of the project (medical and dental) • $1.56 million debt financed for remaining portions of the building Technology and Communication Fiber Connectivity •Moved $1.05 million from FY2018-19 and FY19-20 to years 6 to 10 — completes Hillsborough project; delays full north/south fiber run (Chapel Hill to Cedar Grove) and east/west fiber run (Buckhorn to Eno EDD) ITGC Projects •Removed $500,000 in years 2 and 4 due to project backlog EMS Substations •Retained two highest priority stations in Waterstone and Efland; others deferred pending location study and co-location partners 12 Commissioner Price said she hoped that the EMS stations would be a priority going forward. Travis Myren resumed the presentation: Radio System •Removed $1.4 million from year 1 for engineering by funding with prior year appropriation Register of Deeds Automation •Removed $400,000 by applying existing funding Chair Dorosin said the Board did not vote on this project yet. Travis Myren said no, it did not. Chair Dorosin asked if any funds would be spent in year 1. Travis Myren said yes, there are funds allocated for engineering, but these funds would come from a previous year. Chair Dorosin asked if the Board does not approve this $28 million plan, would those funds be wasted. Travis Myren said the engineer needs direction as to what the County wants him to build and the design, prior to an engineering contract being brought to the Board. Commissioner Jacobs said he had questions about allocating $21 million for a Durham Tech building, and before the Board accepts this as the landscape, he would want more information. He said half of the funding for Durham Tech's current building was paid for with state funds. He said there is no assurance of state funds being provided again. He said he does not like the assumption that Orange County will pay for this new building, and would like more information. Travis Myren said staff will gather more information. He resumed the presentation: Parks and Open Space Blackwood Farm Park • Delays Park Operations Center ($2.5 million including design and equipment) to years 6 to 10 as alternatives are evaluated Mil!house Road Park • Delays park planning and development for two years Northeast District Park • Delays park planning and development for two years Funding Sources • Transition from pay as you go to debt financing for school capital • Register of Deeds revenue corrected • Medicaid funds recognized for Public Health portion of Southern Campus Facility Improvement Debt Financing • Debt financing for County Capital in years one through five reduced by $22.4 million as a result of project reorganizations • Transition from pay-as-you-go financing to debt financing for school capital Recommended CIP and Alternative 1 (graph) 13 Debt Service Capacity Benchmark (graph) Commissioner Burroughs referred to Mil!house Park and asked if Chapel Hill is in a hurry to move this along. Bonnie Hammersley said there have been conversations with the Town of Chapel Hill for the past two years, but she will defer this question to Commissioner Jacobs. Commissioner Jacobs said Mayor Hemminger is very interested in this park, and she has talked to soccer leagues about putting money in up front. He said she is very interested in talking to Orange County about options. Commissioner Rich asked if Chapel Hill has asked Orange County to put money into the Legion Road property. Bonnie Hammersley said no, she has not had any conversations about this property. Commissioner Rich said the Board received an email today from the Carrboro Mayor noting the addition of$10 million to the Carrboro budget for the Southern Branch Library. She asked if this affects the County's budget for this item. Bonnie Hammersley said she and David Andrews, Carrboro Town Manager, are working on a development agreement, and she said if it is not completed prior to the summer break, it will be brought to the Boards in the fall. She said the CIP would mirror the Town of Carrboro's. She said the County still has some planning money, but the Southern Branch Library construction money is in year 2. She said the Town Manager agreed this plan is reflective of both governing boards' budgets. Commissioner Rich said when residents see this item in year 2 and 3, it is assumed that the Town and the County are not working it currently, but that is not the case. She said conversations are continuing, and the Town and the County are working together. Commissioner Jacobs said the Board of County Commissioners (BOCC) has never voted on the amount of money that continues to be listed for this project in the CIP. He said this amount goes back to the original idea of a 20,000 square foot urban library. Bonnie Hammersley said this amount has been revised since she has been the County Manager, and the size is about 12,000 square feet. She said staff will look at the details more closely. She said she spoke with the Carrboro Town Manager and she asked that Carrboro hold the contract for construction, because Carrboro owns the property, and the County will pay the Town. Commissioner Jacobs said the Board has not discussed co-locating in a building with the Town of Carrboro, and he said a lot of the public dialogue involved a desire for public meeting space. He said if the Town is in the building, there would be a necessity of square footage, but not if Carrboro is building its own building. Commissioner McKee clarified with Commissioner Rich that Carrboro intends to budget $10 million for this project. Commissioner Rich said it was an email from the Carrboro Mayor sent to Chair/VC only, and Carrboro has $10 million in its budget for a new library. Commissioner McKee asked if this amount aligns with the $6 million in the County budget. Bonnie Hammersley said the agreement is being developed, and more details will be defined as discussions continue. She said no party has agreed to a development agreement at this time. She said she has budgeted an estimate, and whoever holds the contract will need to have the full amount budgeted and receive offsetting revenue from the other party. She said Carrboro is amending its CIP to add this item. Commissioner McKee said this issue needs to be highlighted for more discussion. 14 Commissioner Marcoplos asked if there was a purpose to the email from the Carrboro Mayor. Commissioner Rich said the email was to advise the Board that the conversation is continuing within Carrboro, and that there are residents that have been waiting for a long time. She said she brought it up this evening to assure the public that the BOCC and the two Managers are talking about the issue. Chair Dorosin said the BOCC ought to be looking at the CIP to further reduce costs. He said there are several small ticket items that may not make an overall difference if removed. He echoed Commissioner Jacobs about the Durham Tech project, and said it does need more clarification. Chair Dorosin said the Environment and Agriculture Center (EAC) is $3.4 million in year 1, and he recollected that the BOCC was going to get more information about options. He said moving this project, or part of it, by one year may make a big difference. Chair Dorosin said he would suggest further discussion about the fiber connectivity, totaling $1.1 million in year one. He asked if it is critical to do in year 1. Travis Myren said this project is with the Town of Hillsborough to connect County and Town facilities with publicly owned fiber, as opposed to paying Time Warner for these connections. He said the Town is ready to move on this item next year, and staff could talk to the Town about deferring it for a year. Chair Dorosin said he would like to know the significance of that possible delay. Chair Dorosin referred to "Parks and Open Spaces", and said there is a $1 million for conservation easements in years 2 and 4, and he said there is still money in Lands Legacy program. He asked if the distinction between these two funding sources could be identified. He also asked if one of these projects was moved back a year, and another project arose in the interim, would there be other funding sources that could cover the conservation easements. David Stancil, Department of Environment, Agriculture, Parks and Recreation (DEAPR) Director, said previously the conservation easement fund was an annual appropriation of $500,000. He said conservation easements tend to take a while, so the CIP was shifted to an every other year approach. He said there are existing funds in the Lands Legacy fund, but there are also a few outstanding projects that will be coming up shortly. He said the conservation easement fund was set aside in 2002 to fund things that the 2001 bond money could not fund. He said the conservation easement fund is down to about $100,000 currently, and is one that could have a lot of projects outstanding. Chair Dorosin asked if David Stancil's recommendation is to leave as is, or is there room for flexibility. David Stancil said next year the conservation easement fund will not have any extra funds, and Lands Legacy funds would be used if need be. He said this will cover any shortfalls until year 2, when the conservation easement fund is replenished. He said he would leave this the way it is. He said the Lands Legacy fund will not be replenished for another two years, so next year includes no new funds for conservation projects. Chair Dorosin asked if the total in the Lands Legacy fund could be identified. David Stancil said it is about $3 million, and $101,000 in the conservation easement fund. Commissioner Rich said she believed the County fiber project to be important and would not want to push it off. She said the County is behind on this issue, and it is time to be independent of Time Warner. She said she hopes this will make it easier to get service to rural areas. Chair Dorosin said he is not suggesting removing any items, but just delaying them by a year. 15 Commissioner Price said the BOCC should move forward with the fiber project. Commissioner Burroughs said the times in which they are going over the 15% are in the out years, and asked if it is possible that delaying things in the first year or two may not help at all. Travis Myren said staff focused on years in which they would be over the policy, or those with the highest affordability issues, which were FY 2020-21 and FY 2021-22. He said borrowing that would occur in FY 2019-20 would start affecting the FY 2020-21 debt service payments. Commissioner Jacobs said he agreed that the BOCC needs more clarity on the EAC project. He said it might be useful to differentiate the few projects that have a financial return or savings. Commissioner Jacobs said this is an ambitious CIP that still fits into the County's debt policy, which he finds to be impressive. Commissioner Rich asked if Hillsborough's percentage of the fiber costs could be identified. She said there may be other partners willing to join in on this project. Commissioner Rich said she would also like further information about affordable housing options at the EAC. Chair Dorosin asked if staff would highlight those projects that generate revenue, as well as those done in partnership with the other municipalities. 2. Financial Policies Discussion (General Fund Balance and Debt Management) Gary Donaldson, Chief Financial Officer, reviewed the following background information: BACKGROUND: On April 5, 2011 the BOCC adopted a series of financial policies including: General Fund Balance Policy: • The County will strive to maintain an unassigned fund balance in the General Fund of 17% percent of budgeted general fund operating expenditures each fiscal year. The amount of unassigned fund balance maintained during each fiscal year should not fall below 8% percent of budgeted general fund operating expenditures, as recommended by the North Carolina Local Government Commission. Debt Management Policies: • The County will maintain its net bonded debt at a level not to exceed 3% of the assessed valuation of taxable property within the County. • The County will strive to maintain its annual debt service costs at a level no greater than 15% of general fund revenues, including installment purchase debt. This is a recommended "best practice"from the Government Finance Officers Association. It is a recommended practice to provide regular updates to the BOCC regarding the County's Financial Policies as a means to communicate the County's financial status. Gary Donaldson made the following PowerPoint presentation: Financial Policies Update Work Session Presentation to the Orange County Board of County Commissioners Gary Donaldson, Chief Financial Officer 16 May 9, 2017 Key County Financial Policies • April 2011 BOCC Adopted Financial Policies: — Debt Management Policies for 1) Debt Service to Revenues (15% metric) and Debt to Assessed Value (3% metric) — Fund Balance Policy for Unassigned Fund Balance (17% metric) Debt to Assessed Value Ratio Fiscal Year Total Debt Total Assessed Value Debt to AV Ratio 2007 $ 221,943,769 12,330,315,189 1.80% 2008 216,588,249 12,581,220,279 1.72% 2009 233,904,488 12,820,237,558 1.82% 2010 222,843,717 15,538,736,056 1.43% 2011 214,713,340 15,689,990,180 1.37% 2012 225,599,381 15,899,136,125 1.42% 2013 210,585,038 16,075,973,471 1.31% 2014 214,322,108 16,632,360,368 1.29% 2015 207,784,411 16,501,943,134 1.26% 2016 190,805,417 16,778,182,392 1.14% Note:Total Debt includes all County Debt including Enterprise Fund debt. Best Practices for Unassigned General Fund Balance ➢ The Government Finance Officers Association (GFOA) of U.S. and Canada: • Updated the Best Practice on unassigned general fund balances in 200 • At a minimum an unassigned general fund balance of no less than 2 months of regular general fund operating revenues or operating expenditures • Equates to 16.7% of either general fund operating revenues or operating expenditures Appropriate Use of Unassigned Fund Balance ➢ The essential uses of General Fund reserves: • Mitigate risk attributed to revenue shortfalls or unanticipated non-recurring expenditures • Provide a financial bridge during recessions or weak economic conditions • Use for natural disasters and emergencies • Cash Balance cushion Audited Unassigned Fund Balance as a Percent of Expenditures—General Fund (graph) 17 Unassigned Fund Balance as % of Expenditures For Fiscal Year Ended June 30 General Fund 2017 Estimate 2016 2015 2014 2013 Non-spendable $ 16,676 $ 16,669 $ 20,306 $ 29,242 $ 39,954 Restricted 12,167,129 12,144,573 12,255,821 12,102,492 9,736,214 Committed 7,793,841 7,543,841 7,543,841 6,001,641 3,105,267 Assigned (1) 7,807,696 12,726,944 10,650,770 10,068,343 5,190,118 Unassigned (2) 35,290,621 32,034,160 35,548,843 33,913,229 36,608,054 Total Fund Balance 63,075,963 64,466,187 66,019,581 62,114,947 54,679,607 Total Expenditures 206,417,275 198,116,335 192,078,545 179,185,168 170,330,053 Assigned as %of Expenditures 3.8% 6.4% 5.5% 5.6% 3.0% Unassigned as %of Expenditures 17% 16.2% 18.5% 18.9% 21.5% Notes: 1) Assigned represents that portion of fund balance that is appropriated to fund the General Fund Budget 2) Unassigned represents that portion of fund balance that is reserved to meet the Board's 17%policy. General Fund Cash Flow Position (graph) The Ten `AAA' Rated Counties of North Carolina (graph) S&P Scorecard 18 l atin; Factor Wei htin lrr sited Score institutional Framework 10% Uniform score for all of the same type of governments in same state Economy 30% Total Market Value Per Capita and Projected Per Capita Effective Buying Income as a % of US Projected Per Capita EBI Management 20% Issuer's Financial Management Assessment. Score considered with other certain qualitative factors Financial Measures 30% Liquidity (10%)- Total Government Available Cash as 0/0 of Total Governmental Funds Debt Service and 0/0 of Total Governmental Funds Expenditures Budgetary Performance (10%)- Total Governmental Funds Net Result (0/0) and General Fund Net Results (WI Budgetary Flexibility (10%)- Available Fund Balance as a % of Expenditures Debt and Contingent Liabilities 10% Net Direct Debt as % of Total Governmental Moody's Scorecard 19 Rating Factor Weighting Economy/Tax Base 300/0 Tax Base Size (full value) 10% Full Value per Capita 10% Wealth (median family income) 10% Finances 30% Fund Balance (% of Revenues) 10% Fund Balance Trend (5-Yr Change) 5% Cash Balance Hof Revenues) 10% Cash Balance Trend 5-Yr Change) 5% Management 20% Institutional Framework 10% Operating History 10% Debt/Pensions 20% Debt to Full Value 5% Debt to Revenue 5% Moody's adjusted Net Pension Liability 5% ( -Yr average) to Full Value Moody's adjusted Net Pension Liability 5% (3-Yr average) to Revenue Best Practice Unassigned Fund Balance ➢ In Summary • GFOA Recommends Unassigned Fund Balance at 2 Months of Expenditures or 16.7% • North Carolina AAA Rated County Peers Maintain at Least 2 Months; one exception • Strong Fund Balance provides Financial Bridge in Recession and Emergencies Questions Bonnie Hammersley said she put this item on the agenda because the audit had not been completed the last time this topic was discussed. She said this was the first available time to add it to an agenda, since the completion of the audit. She said this is the Board of County Commissioners' policy and should be defined as such. Commissioner Marcoplos asked if the fund balance was dipped into during the recession. Bonnie Hammersley said she was not in Orange County at that time, but there was minimal use of the fund balance prior to 2013-2014. She said $5 million was put into the budget in FY 2013-14 as a source of on going expenditures, and the same for 2015. 20 Bonnie Hammersley said the County and schools operating expenses are starting to eat away at the fund balance. Commissioner Jacobs said the BOCC set the 17% fund balance during FY 2013-14, as a way to improve the County's fiscal standing. Chair Dorosin said the Board discussed this, and he thought the Board voted to change the 17% policy, but it looks like the Board only agreed to just dip into the balance. Bonnie Hammersley said the BOCC agreed to take money out of the fund balance, but the impact was unknown at the time. She said the BOCC did have a more comprehensive discussion about changing the policy, but there was also discussion about the audit not yet being completed at the time. Commissioner Burroughs said she had a similar recollection, and she thought the BOCC had agreed to go to 16% last fall. She said she would be willing to consider going to 16% as the County fund balance policy. Chair Dorosin said he would support lowering the fund balance to 16%, and said the Board should make a policy decision. He said he would like the Board to vote on it formally, one way or the other. He said he would be willing to do that this evening, or wait a bit if other Commissioners would like any additional information. Commissioner Rich recalled the discussion being between 16.5% and 16%. Chair Dorosin said it is not important to remember the previous discussion, because there was no vote. He said the conversation can happen now. Commissioner Jacobs suggested asking the bond counsel about this topic. Bob Jessup said he would defer the question to Ted Cole, but there is not a bond risk within his scope. Ted Cole said if there is a near-term need for these funds, it would be preferable to use the reserves for a one-time event as opposed to just lowering the policy permanently. He said the bond agencies may ask at some point why the Board chose to permanently lower the fund balance. Ted Cole said rating agencies may or may not pick up on a permanent change, but if they do, they will ask why the change occurred. He said no one ratio is going to drive a rating, but picking away at areas of strength will eventually have an impact. He asked if there a specific reason behind lowering the percentage to 16%. Commissioner Marcoplos said he sees this money as a safeguard, and he does not see it as a risk to go to 16%. He said having the money available now, and using it in current dollars, is an investment that will save money. Commissioner Jacobs said a 5.5-cent property tax increase is expected next year, and if the reason for lowering the percentage is to give more to schools, then it will not be available to offset the tax increase next year. He said he would rather plan for the inevitable 5.5-cent property tax increase, and leave funds in the balance for one more year and then lower it next year, to offset property tax increases in FY 2018-19. Commissioner McKee said he would like to stay in a comfortable range, which is 17% for him. He said he is not opposed to lowering it, but Commissioner Jacobs makes a good point. He said there will be a demand for extra money, but "you can only sell the cows one time," and the 1% can only be taken out once. Commissioner McKee said his main concern about this discussion is not the actual percentage, but rather the trend of the fund balance going down over the years. He said the Board needs to be cognizant of this conversation, and it cannot continue to reduce the percentage of the fund balance every year. He said this is a policy change, and asked if this vote could be deferred to a regular meeting agenda, so that the public can be notified and heard. 21 Commissioner Burroughs agreed that this discussion and vote should be on a regular meeting agenda. Discussion ensued. Chair Dorosin said he believed 17% is too conservative. He said historically, after the budget is approved, the Manager comes back with an extra $1 million, and this money is used outside of the budget process, which he finds to be less transparent. He said he appreciates Commissioner McKee's point about the trend, but it does not trouble him because 16% is still a conservative percentage. He said he is not earmarking the reduction in the fund for the schools, and he agreed the Board should vote on the policy at a regular meeting. Bonnie Hammersley said she thought staff would get guidance this evening and keep the outside agencies at 1.2%. She said this will come back for a formal vote, and she will honor the reserve, whatever it is. Commissioner Burroughs said she would support lowering the percentage to 16% this year. Commissioner Price said the County will not be at risk, as long as two months worth of funding is in the bank. Commissioner Jacobs said he is not opposed to going lower, but would suggest doing it with strategic timing. Commissioner Rich said she thought the BOCC already voted on this, and asked if the Clerk would look at the minutes. She said she is happy to go to 16%. Chair Dorosin asked the Manager if she would put this item on a regular agenda, and bring back information on both 16% and 16.5% options, and what budget recommendations she would make for the extra funds. 3. Closed Session A motion was made by Commissioner Rich, seconded by Commissioner Burroughs to go into closed session at 9:51 p.m. for the purpose below: "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board to receive updates on Orange County, et al v. Slack and Southeast Property Group v. Orange County and to approve general accounts of closed sessions." VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSSION A motion was made by Commissioner Jacobs, seconded by Commissioner Burroughs to reconvene into regular session at 10:30 p.m. VOTE: UNANIMOUS ADJOURNMENT A motion was made by Commissioner Price, seconded by Commissioner Jacobs to adjourn the meeting at 10:30 p.m. 22 VOTE: UNANIMOUS Mark Dorosin, Chair Donna Baker Clerk to the Board