Minutes 04-20-2017 - Laserfiche WebLink

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17 Commissioner Jacobs said unilateral withdrawal has a connotation that you are not a team player Chair Dorosin referred to provision #15 and Commissioner Jacobs' hypothetical 5% scenario, and asked what would happen if the triggering event is a lack of local transit revenues. He said it seems that the County would have to reach into its general funds to make up the difference. Travis Myren said that is right in terms of financial exposure, but there are other responses listed in #14 that would not require the application of additional local funds. Commissioner Jacobs asked what would happen if the three parties decide that they want to start cutting the line in Orange County, and it is a 3-1 vote. He asked if the BOCC would want to continue funding a system that is not beneficial to Orange County. He said there should be opportunity for recourse, and a process that is more amenable to their relationships. Commissioner Rich said mediation could help with this. Commissioner Jacobs said mediation should have a time limit in place. Commissioner McKee said once Orange County has spent over $100 million, even he would not walk away though he has opposed this plan from the beginning. He said he would still walk away at this point, but not at some future point when so much money has been invested. He said this sentiment would likely effect future boards as well. Commissioner McKee referred to #14 and said the language calls for meetings and good faith efforts, which gives him comfort. He said the Board has a fiduciary responsibility to the people of Orange County. He asked if the County could be required to put in additional resources. John Roberts said he understood Davenport's presentation to say that the County could be required to do that if it had agreed to be a backstop for GoTriangle, or for the project in some other way. Ted Cole said Davenport was trying to convey that Orange County may be required to contribute additional revenue in order to maintain the viability of the project, regardless of whether there is a contractual requirement to do so. He said the Board may decide to contribute even if there is not a contractual obligation. Commissioner McKee referred to page 11 of the April 4th presentation, and said he does not read the language the same way. Ted Cole said the intent of the language is that Orange County may be required to spend additional funds, based on a previous commitment to do so; or the BOCC may decided to commit funds, even without the requirement to do so. Commissioner McKee said if the withdrawal language is included, he hears GoTriangle saying that the FTA will not commit funds; but without the withdrawal language, he feels Orange County has no teeth. Commissioner Marcoplos asked if there is a way to contact someone at the FTA to find a way to protect the County's financial health. Katharine Eggleston said the FTA will not review a draft and provide feedback. She said it is GoTriangle's experience that the FTA will not provide help at this point, and she said without a full commitment agreement the FTA is unlikely to provide funding. Commissioner Marcoplos asked if there is any way to read the FTA's denials of other projects. Katharine Eggleston said FTA shared this information verbally on the phone. Commissioner Burroughs said she is a grant writer, and this feedback from the FTA does not surprise her at all. She referred to provision #15, and asked if GoTriangle has concerns about this point and the potential reaction of the FTA.