Agenda 04-02-2019 8-a - Minutes - Laserfiche WebLink

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16 1 John Talmadge said his staff is talking with Durham about this, but Durham has made 2 no commitments at this time. 3 Commissioner Dorosin said there are deadlines in April and November, and asked if the 4 specifics for each of these deadlines could be clarified. 5 John Talmadge said those timelines were set in place last summer by the State 6 legislation, and are tied to the access to the $190 million. He said the first deadline calls for all 7 of the non-federal and non-state funding to be committed to the project. He said the November 8 deadline calls for all the federal money to be committed, the full funding grant agreement. 9 John Talmadge said in the 2017 plans, the negotiations about the cost split included 10 private fundraising to close the gap between the two counties, but because that money is not 11 going to be committed in time, the conversation with the City of Durham and Durham County is 12 whether these two entities can back stop that gap, while the fundraising continues. He said the 13 hope is that that Durham City and County will never have to pay any of that money, but the 14 commitment must be in place now in order to meet the state deadline, and have a complete 15 financial plan for the federal government to review. 16 Commissioner Dorosin asked if the deadline for the non-federal and non-state funds in 17 April include any of the private fundraising, and the commitment for the funds has to be there, 18 even if the private entities have not yet committed. 19 John Talmadge said yes. 20 Commissioner Dorosin asked if Duke had participated and donated the land, would that 21 have counted in that pot. 22 John Talmadge said yes. He said this pot would include property donations, including 23 the $16 million value of the Duke land, and private corporate sponsorships. He said the 24 fundraiser has indicated that the private landowners and donors are looking for a signal that the 25 project will go forward prior to making a commitment. He said many donors were waiting to see 26 what Duke would do, which has delayed other donations and made them unreliable. 27 Commissioner Bedford asked if outside counsel is going to be hired, and, if so, is there 28 a timeline for doing so. 29 John Talmadge said outside counsel is already on board and under contract, and have 30 been approved by the GoTriangle board. He said now it is a matter of finding the best 31 individuals within those teams to take on the work. He said there are daily consultations with 32 the legal counsel, and it will hopefully be resolved within days. 33 Commissioner Bedford asked if the GoTriangle board has the authority to decide 34 whether or not to pursue imminent domain. 35 John Talmadge said the decision would be to authorize going forward with the private 36 property acquisition process. He said it always starts with doing an appraisal of the property 37 value, making a fair market value offer to the property owner, trying to negotiate for a period of 38 time, and if all fails, then proceed to a condemnation process. He said the GoTriangle board 39 has to authorize both the initiation of the purchase and condemnation processes. 40 Commissioner Bedford asked if an application can still be made to the FTA if the 41 property is not secured. 42 John Talmadge said they have to show that they have the authorities to acquire the 43 property. 44 Commissioner Bedford asked if GoTriangle is expecting more information from the FTA, 45 and if the order for the cost sharing agreements and the FTA report could be explained. She 46 asked if the closing of the federal government has had any impact. 47 John Talmadge said there is on-going communication about all of these processes, and 48 there is an annual submittal of data about the project that goes into an annual report that the 49 FTA creates. He said this annual report is scheduled to come out this month or next. He said 50 they do expect communication from the FTA about the specific expectations and requirements