HomeMy WebLinkAboutAgenda - 12-13-2016 - 7-c - Financial Policy for Outside Agency Funding 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 13, 2016
Action Agenda
Item No. 7-c
SUBJECT: Financial Policy for Outside Agency Funding
DEPARTMENT: Finance and Administrative
Services
ATTACHMENT(S): INFORMATION CONTACT:
Bonnie Hammersley, (919) 245-2300
Attachment 1: DRAFT Outside Agency Gary Donaldson, (919) 245-2453
Funding Financial Policy
Attachment 2: Bond Counsel
Communication
NOTE: THIS ITEM WAS DELAYED
FROM CONSIDERATION AT THE
DECEMBER 5, 2016 BOARD OF
COMMISSIONERS MEETING.
PURPOSE: To establish a financial policy for Outside Agency Funding that provides guidance
on the appropriation of County funds to the non-profit community, with the scope of the policy
establishing funding targets and criteria.
BACKGROUND: Each year as a part of the budget process, Outside Agencies' applications
and scorecards are provided to the County Manager to assist in recommending funding
decisions as part of the Manager's Recommended Budget.
The Board of County Commissioners then approves funding as part of the Budget Adoption
process in June of each year.
November 2016 Work Session
Following a presentation and work session on November 10, 2016, the Board of County
Commissioners directed staff to develop a financial policy which specifies the funding
methodology for funding Outside Agencies.
The following five funding scenarios were presented;
1) Percent of Budget
2) Previous Year's Allocation as Base
3) Incremental Unit of Tax Rate
4) Dollars Per Capita
5) Fixed Dollar Amount
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The percent of budget methodology was determined to be the most appropriate funding option
for the County. The County has historically funded Outside Agencies at 1% of the County
Budget (Less the Education Appropriation). The BOCC directed staff to increase the funding
target from 1% to 1.2%. Based on the FY 2016-17 Approved Budget (Less the Education
Appropriation), 1% equates to $1,121,467 and 1.2% equates to $1,345,761.
The work session included discussion on the merits of capital funding as part of Outside Agency
Funding. The general sentiment was that the financial policy be primarily for funding operating
expenses, but that there may be an exception for BOCC consideration. The financial policy
provides guidance for a capital funding exception (Attachment 1).
FINANCIAL IMPACT: The policy will generate additional expense of approximately $200,000
based on FY2016-17 Adopted budget compared to the current 1% allocation.
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 review and approve the
Outside Agency financial policy.
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Attachment 1
Financial Policy
Outside Agency Funding
Orange County provides grants to outside agencies to perform a variety of services for Orange County
residents. On annual basis, the County will target 1.2% of the County's General Fund expenditures, less
the appropriation for education expenses, for the purpose of funding outside agency operations. The
education appropriation includes funds allocated to fund current expenses, recurring capital, long range
capital, health and safety contracts, school debt service, and funds provided to the Durham Technical
Community College.
The County Manager shall design an outside agency application and scoring process. This process will be
used to evaluate outside agency applications and make recommendations to the Board of Orange
County Commissioners on individual outside agency grant awards. A brief justification will be available
to the Board of Commissioners to explain the County Manager's recommendations.
Outside agency grants shall be used to fund an agency's operating expenses. These operating expenses
may include personnel, contracted services, debt or loan payments, or other expenses related to the day
to day operations of the agency.
The County will not provide capital grants to outside agencies for the purpose of financing facility
acquisition or construction, including contributions to capital campaigns. Exceptions to this general
policy include the acquisition or construction of a facility owned or leased by the County for the purpose
of providing space to outside agencies or space provided to outside agencies that were initiated by or
originated as programs of County government.
The Board of Commissioners may also consider capital funding request that include a repayment
feature. The terms and conditions of this repayment would be approved by the Board of Commissioners
in a formal agreement between the County and the outside agency.
Attachment 2 4
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
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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.
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Please let me know if you have any questions for me.
Thanks, as always.
Bob Jessup