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HomeMy WebLinkAboutAgenda 04-05-22; 5-a - Public Hearing on the Financing of Various Capital Investment Plan Projects 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 5, 2022 Action Agenda Item No. 5-a SUBJECT: Public Hearing on the Financing of Various Capital Investment Plan Projects DEPARTMENT: Finance and Administrative Services ATTACHMENT(S): INFORMATION CONTACT: Attachment 1. Resolution Gary Donaldson, (919) 245-2453 Attachment 2. Copy of Public Hearing Rebecca Crawford, (919) 245-2152 Notice Robert Jessup, (919) 933-9891 Attachment 3. PowerPoint Presentation PURPOSE: To conduct a public hearing on the issuance of approximately $46 Million to finance capital investment projects and equipment for the fiscal year; and approve a related resolution supporting the County's application to the Local Government Commission (LGC) for its approval of the financing arrangements. The financing and transaction costs are included in the loan amount. BACKGROUND: County staff estimates that the total amount to be financed for capital investment projects and equipment will be approximately $46 Million. The statutes require that the County conduct a public hearing on the proposed financing. A copy of the published notice for this public hearing is provided (Attachment 2). The notice of public hearing was advertised in The Herald Sun and the News of Orange. After conducting the public hearing and receiving public input, the Board will consider the adoption of the resolution (Attachment 1). This resolution formally requests the required approval from the North Carolina Local Government Commission (LGC) for the County's financing, and makes certain findings of fact as required under the LGC's guidelines. County staff has been in contact with the LGC staff, and staff expects no issues in receiving LGC approval. The total of the estimated project costs is $43 million, while the requested approval is for a loan amount not to exceed $46 million. The difference between the two figures covers financing costs. The $46 million figure was derived while staff was considering financing that would be a public sale bond offering, instead of the private bank placement now being pursuing. The public sale offering has higher financing costs, and the means in which bonds are sold to investors can lead to a higher loan amount even with no higher total cost to the County. The final loan amount will not exceed the amount the County needs to pay project costs and financing costs. 2 If the Board adopts the resolution indicating its intent to continue with the financing plan, the Board will be asked to consider a resolution giving final approval to the financing plans at its Business meeting on May 3, 2022. Under the current schedule, County staff expects to set the final interest rates and close by the end of May. FINANCIAL IMPACT: There is no financial impact related to this action. However, there will be a financial impact in proceeding with the financing. A preliminary estimate of maximum debt service applicable to the capital investment projects and equipment financing would require the highest debt service payment of$4.14 million in FY 2024 (based on current market interest rates). The tax rate equivalent for the estimated highest debt service payment is approximately $0.0193 (1.93 cents). SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this 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: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. • 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. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impacts are applicable to this item: • ENERGY EFFICIENCY AND WASTE REDUCTION Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption; 3) increase the use of recycled and renewable resources; and 4) minimize waste stream impacts on the environment. • RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY Assess and where possible mitigate adverse impacts created to the natural resources of the site and adjoining area. Minimize production of greenhouse gases. RECOMMENDATION(S): The Manager recommends that the Board: 1) Conduct the public hearing; 2) Close the public hearing; and 3) Adopt the resolution supporting the application to the Local Government Commission for approval of the financing. 3 RES-2022-013 Attachment 1 s*h draft of 3/14/2022 Resolution supporting an application to the Local Government Commission for its approval of a County Financing Agreement - 2022 Multiple Project Installment Financing Introduction -- The Orange County Board of Commissioners has previously determined to carry out various public improvements and acquisitions, as identified in the County's capital improvement plan and as described in Exhibit A. The Board has also determined to finance the costs of these projects through an installment financing, as authorized under Section 160A-20 of the North Carolina General Statutes. In an installment financing, the County's repayment obligation is secured by a mortgage-type interest in all or part of the property being financed, but not by any pledge of the County's taxing power or any specific revenue stream. North Carolina law requires that the County's financing be approved by the North Carolina Local Government Commission (the "LGC"), a division of the North Carolina State Treasurer's office. Under the LGC's guidelines, this governing body must make certain findings of fact to support the County's application for the LGC's approval of the County's financing arrangements. 1. THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners, as follows: (a) The County makes a preliminary determination to finance approximately $46,000,000 to pay capital costs of public improvements and acquisitions,and in particular those described in Exhibit A, and to pay financing costs. (b) The Board will determine the final amount to be financed by a later resolution. The final amount financed may be slightly lower or slightly higher than $49,000,000, but the total amount financed will not exceed the amounts estimated for the project costs and financing costs. Some of the financing proceeds may represent reimbursement to the County for prior expenditures on project costs. 4 2. The Board makes the following findings of fact in support of the County's application to the LGC: (a) The proposed projects are necessary and appropriate for the County under all the circumstances. (b) The proposed installment financing is preferable to a bond issue for the same purposes. The County has no meaningful ability to issue non-voted general obligation bonds for these projects. It is appropriate for the County to balance its capital program between various types of financings, and the County is using general obligation bonds for additional school capital projects. The County expects that in the current interest rate environment for municipal securities there would be no material difference in the overall financing costs between general obligation bonds and installment financings for these projects. These projects will produce no revenues that could be used to support a self-liquidating 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 closely review proposed financing rates against market rates with guidance from the LGC and the County's financial adviser. All amounts financed will reflect either approved contracts, previous actual expenditures, or professional estimates. (d) As confirmed 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) Although the County expects there will be tax increases associated with the County's overall capital improvement program, any tax increase directly attributable to the current proposed financing will be minimal. The County will manage the projects and its borrowing plans so as to minimize the tax impact while still allowing the projects to proceed. The County believes that the tax rate impact of this financing is reasonable under all the circumstances. 5 (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. 3. Additionally, the Board resolves 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 directs the County Manager and the Finance Officer 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. The Board ratifies all prior actions of County representatives in this regard. (c) This resolution takes effect immediately. * * * * * * * * * * * * * * * * * I certify as follows: that the foregoing resolution (which includes the attached Exhibit A) was properly adopted at a meeting of the Board of Commissioners of Orange County, North Carolina; that this meeting was properly called and held on April 5, 2022; that a quorum was present and acting throughout this meeting; and that this resolution has not been modified or amended, and remains in full effect as of today. Dated this day of , 2022. [SEAL] Laura Jensen Clerk, Board of Commissioners Orange County, North Carolina 6 Exhibit A - list of projects to be financed with estimated amounts Project Est.Amount ($) Lake Orange Dam Remediation 873,399 Parks and Recreation (Repairs and Renovations) R&R 163,522 Lands Legacy 250,000 Conservation Easement 262,000 Neuse River Rules Nutrient Management 27,000 Solid Waste Vehicle Replacements 516,739 Solid Waste Equipment Replacement- Grinder 833,500 Commercial and Demolition (C&D) Construction Phase II 230,643 High Rock Improvements 470,000 Facility Accessibility, Safety and Security Improvements 195,584 Heating, Ventilation, and Air Condition (HVAC) Projects 1,354,546 Major Plumbing Repairs 61,410 Orange County Southern Branch Library (County portion) 18,965,438 Parking Lot Improvements 241,648 Phillip Nick Waters Building Remediation 545,242 Roof& Building Facade Projects 1,212,106 Criminal Justice Resource Department 17,598 Southern Campus Expansion 299,422 7 Communication System Improvements 157,755 Emergency Services Substations Efland Emergency Medical Services (EMS) & Medical Examiners Station 4,713,298 Waterstone Emergency Medical Services (EMS) Station & Location Study 3,506,702 Sportsplex - Facility Maintenance/Replacement 104,332 Information Technology Governance Council (ITGC) 500,000 Information Technology Infrastructure 1,376,519 Sheriff Vehicles 255,473 Emergency Medical Services Vehicles 439,091 Department of Environmental, Agriculture and 68,650 Recreation (DEAPR) Vehicles Animal Services Vehicles 47,666 Orange Public Transit (OPT) Vehicle Replacement 110,627 Chapel Hill - Carrboro Schools Technology 908,047 Roofing 484,607 Recurring Capital 1,810,800 Fire Safety 164,172 Supplemental Deferred 217,568 Stormwater Management 105,295 Orange County Schools Recurring Capital 1,189,200 8 Supplemental Deferred 320,400 TOTAL $43,000,000 9 Attachment 2 s*h draft of 3/11/22 Orange County, North Carolina -- Notice of Public Hearing 2022 Installment Financing for Various Projects The Board of Commissioners (the "Board") of Orange County (the "County"), North Carolina, will hold a public hearing on April 5, 2022, at 7:00 p.m. (or as soon thereafter as the matter may be heard). The purpose of the hearing is to take public comment concerning a proposed financing contract, under which the County would borrow an amount expected not to exceed $46,000,000 to pay for the various public improvements and acquisitions shown below, and to pay financing costs: Project Est.Amount ($) Lake Orange Dam Remediation 873,399 Parks and Rec R&R 163,522 Lands Legacy 250,000 Conservation Easement 262,000 Neuse River Rules Nutrient Management 27,000 Solid Waste Vehicle Replacements 516,739 Solid Waste Equipment Replacement- Grinder 833,500 C&D Construction Phase II 230,643 High Rock Improvements 470,000 Facility Accessibility, Safety and Security Improvements 195,584 HVAC Projects 1,354,546 Major Plumbing Repairs 61,410 10 Orange County Southern Branch Library (County portion) 18,965,438 Parking Lot Improvements 241,648 Phillip Nick Waters Building Remediation 545,242 Roof& Building Facade Projects 1,212,106 Criminal Justice Resource Department 17,598 Southern Campus Expansion 299,422 Communication System Improvements 157,755 Emergency Services Substations Efland EMS & Medical Examiners Station 4,713,298 Waterstone EMS Station & Location Study 3,506,702 Sportsplex - Facility Maintenance/Replacement 104,332 ITGC 500,000 IT Infrastructure 1,376,519 Sheriff Vehicles 255,473 EMS Vehicles 439,091 DEAPR Vehicles 68,650 Animal Services Vehicles 47,666 OPT Vehicle Replacement 110,627 Chapel Hill - Carrboro Schools Technology 908,047 Roofing 484,607 Recurring Capital 1,810,800 11 Fire Safety 164,172 Supplemental Deferred 217,568 Stormwater Management 105,295 Orange County Schools Recurring Capital 1,189,200 Supplemental Deferred 320,400 TOTAL $43,000,000 The total amount financed will not exceed the amounts estimated for the project costs and financing costs. The hearing will be held in the Board's usual meeting room in the County's Whitted Building, 300 West Tryon Street, Hillsborough, North Carolina. The proposed financing would be secured by a lien on some or all of the property purchased or improved through the financing as well as the County's promise to repay the financing, but there would be no recourse against the County or its property(other than the pledged property) if there were a default on the financing. All interested persons will be heard. The County's plans are subject to change based on the comments received at the public hearing and the Board's subsequent discussion and consideration. The County's entering into the financing is subject to obtaining approval from the North Carolina Local Government Commission. Persons wishing to make written comments in advance of the hearing or wishing more information concerning the subject of the hearing may contact Gary Donaldson, Orange County Chief Financial Officer, Post Office Box 8181, Hillsborough, NC 27278 (telephone 919/245-2453, email gdonaldson@orangecountync.gov). 12 OR- -A-NGE COUNTY NORTH CAROLINA Series 2022 Limited Obligation Bonds Spring Financing Resolution Gary Donaldson, Chief Financial Officer April5, 2022 13 Purpose ➢ Conduct Public Hearing for Limited Obligation Bonds pursuant to NC Statute Section 160A-20 ➢ Close Public Hearing ➢ Obtain Board Approval of Resolution to Proceed with Filing Local Government Commission Application for Series 2022 Limited Obligation Bonds ➢ Funds our FY 2021-22 Capital Investment Plan through this Series 2022 Limited Obligation Bonds are secured by a Deed of Trust, with a security interest in various County and School facilities. ➢ The Series 2022 Limited Obligation Bonds will fund various County projects including: - Vehicles and Equipment (5-8 Years useful life): $3.6 Million - County Projects (up to 20 years useful life): $34.2 Million - School Prolects (up to 20 years useful life): $5.2 Million TOTAL: $43 Million ORANGE COUNTY NORTH CAROLINA Pro ect Est.Amount($) rLakeran a Dam Remediation and Recreation Re airs and Renovations R&RLe acrvation Easement for Moorefields Foundation Neuse River Rules Nutrient Management M Solid Waste Vehicle Replacements Solid Waste E ui ment Re lacement—Grinder Construction and Demolition (C&D) Construction Phase II .- Hi h Rock Improvements - I oil Facilit Accessibility, Safety and Security Improvements • Heatin , Ventilation and Air Conditioning HVAC Projects - -. Ma'or Plumbing Repairs - Oran a County Southern Branch Library (County portion) : •. Parkin Lot Improvements Philli Nick Waters Building Remediation - Roof& Buildin Fa ade Projects Criminal Justice Resource Department •: Southern Cam us Ex ansion D arking Improvements) •• Communication S stem Im rovements Emer ency Services Substations Efland Emer enc Medical Service EMS & Medical Examiners Station - •: Waterstone Emergency Medical Service EMS Station & Locati S orts lex- Facility Maintenance/Replacement Information Technology Governance Council ITGC Initiatives of Information Technology IT Infrastructure • Sheriff Vehicles Emer ency Medical Services EMS Vehicles • De artment of Environment, Agriculture, Parks and Recreation DEAPR Vehicles •: Animal Services Vehicles ••• Oran a Public Transit OPT Vehicle Replacement • Cha el Hill —Carrboro Schools Technninriv •�: Roofin Reclirrinni Ca ital _ Fire Safet Su plernental Deferred •: Stormwater Management Oran a County Schools Recurring Capital Supplemental Deferred Future Debt Service 15 Debt Model Metrics 60.0 50.0 40.0 ■ N — 30.0 — 20.0 10.0 - ' 202320242025202620272028202920302031203220332034 ■ Existing Debt Service ■CIP Debt Service Future Additional School Debt Cash Flow Statistics Debt Ratios Revenue Tax Rate Gross Annual from Tax Capital Adjusted Capital Debt to DS to GF Year Equivalent Surplus/Deficit Rate Reserve Surplus/ Reserve AV Revenues Equivalent Utilized (Deficit) Balance 2023 0.254 (663,404) 550,150 113,254 1.59% 15.20% 2024 1.004 (1,616,405) 2,805,765 - 1,189,360 1,076,106 1.73% 15.17% 2025 - (2,617,022) 2,861,880 - 244,858 1,320,965 1.63% 15.29% 2026 - (3,940,807) 3,082,749 858,058 - 462,907 1.46% 15.51% 2027 1.124 (4,809,708) 5,786,078 - 976,370 1,439,277 1.58% 15.37% 2028 - (2,146,257) 5,905,757 - 3,759,499 5,198,776 1.47% 14.17% 2029 - (5,056,527) 6,027,956 - 971,429 6,170,205 1.56% 14.93% 2030 - (5,109,337) 6,493,335 - 1,383,998 7,554,203 1.42% 14.69% 2031 - (7,245,290) 6,279,604 965,686 - 6,588,517 1.47% 15.15% 2032 - (7,892,953) 6,409,449 1,483,504 - 5,105,013 1.40% 15.11% 2033 - (9,669,743) 6,542,027 3,127,716 - 1,977,297 1.27% 15.39% Total 2.374 ORANGE COUNTY NORTH CAROLINA Key Financing Terms 16 ➢ Security Pledge- County Assets serve as Collateral and subject to Annual County Appropriations ➢ Maturity Term- 5- 20 Year maturities matches the useful life of the assets ➢ February 1 and August 1 Repayment Dates to Bank Trustee ➢ Estimated Interest Rates- 2-3% subject to market conditions ➢ Series 2022 Limited Obligation Bonds Maximum Annual Debt Service not exceeding $4.1 million in FY 2024 (based on current market interest rates) ➢ Source of Repayment- Property Tax, Solid Waste Fees and Sportsplex Fees ➢ Limited Obligation Bonds are Subordinate Lien to AAA General Obligation Bonds ➢ Current Limited Obligation Bonds- AA1/AA+/AA+ from Moody s, Standard & Poor's and Fitch Ratings ORANGE COUNTY NORTH CAROLINA 17 Questions/Comments ORANGE COUNTY NORTH CAROLINA