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HomeMy WebLinkAboutAgenda - 06-05-2012 - 6cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 5, 2012 Action Agenda Item No. i©- C SUBJECT: Public Hearing on Potential Placement of a Half- Percent Sales Tax Referendum for Public Transportation on the November 2012 Elections Ballot DEPARTMENT: Manager, Attorney, and PUBLIC HEARING: (Y /N) Planning & Inspections ATTACHMENTS: 1. For Information - Resolution Placing a 'h- Percent Sales Tax Referendum on the November 2012 Ballot 2. Public Hearing Notice INFORMATION CONTACT: Bernadette Pelissier, BOCC Chair, 245-2130 Frank W. Clifton, Jr., Manager, 245 -2300 John Roberts, County Attorney, 245 -2318 Craig Benedict, Planning Director, 245 -2585 David King, General Manager, Triangle Transit, 485 -7424 PURPOSE: To conduct a public hearing on the potential placement of a Y2-percent sales tax referendum on the November 2012 ballot as a funding source for implementing the Bus and Rail Investment Plan in Orange County. BACKGROUND: The Bus and Rail Investment Plan in Orange County and Triangle Transit Authority /Orange County Implementing Agreement describes Orange County's plans to utilize revenue from the %- percent sales tax, if the Board establishes a referendum on the tax and it is approved by Orange County voters. The Plan includes elements such as: • Fixed guideway transit (Light Rail Transit) o Orange County's transit partnership (i.e. Cost Share agreement) with Durham County • Expanded or new bus service (local, rural and regional) • Martin Luther King Jr. Blvd. bus lanes • Small capital transit facilities (park and ride lots including Hillsborough Amtrak train station, etc.) In addition to revenue generated through the addition of a Y2- percent sales tax, the implementation of the Bus and Rail Investment Plan in Orange County will require revenue from a $7.00 county tag fee, a $3.00 increase to the current Triangle Transit tag fee, and triangle regional rental car fee revenues. The Bus and Rail Investment Plan in Orange County approved 'in principal' at the Board's May 15, 2012 regular meeting, subject to a variety of corrections, is also on the Board's agenda for 2 this meeting. A copy of the Plan has been provided within the supporting materials for that item (See Agenda Item 7.a). FINANCIAL IMPACT: None at this time. The Bus and Rail Investment Plan in Orange County includes information on future commitments. RECOMMENDATIONS: The Manager recommends that the Board: 1) Conduct a public hearing on placing the' /- percent sales tax referendum for public transportation on the November 6, 2012 ballot; and 2) Close the public hearing. 1::Z E s_ ao r a- O 53 ATTACHMENT 1 3 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AUTHORIZING A SPECIAL ADVISORY REFERENDUM ON THE ISSUE OF LEVYING A ONE -HALF PERCENT (112 %) LOCAL SALES AND USE TAX FOR PUBLIC TRANSPORTATION WHEREAS, the North Carolina General Assembly has enacted the "Local Government Public Transportation Sales Tax Act" at Article 43 of Chapter 105 of the North Carolina General Statutes (Session Law 2009 -527), which authorizes counties and transportation authorities to levy a local sales and use tax for the purpose of financing local public transportation systems; and WHEREAS, pursuant to 105- 509(a), the regional public transportation authority (hereinafter, "Triangle Transit ") will create a special district consisting of the entire area of Orange County to be added to the existing special district of Durham County; and WHEREAS, pursuant to Part 4 of the Act, Triangle Transit must obtain the approval of the Orange County Board of Commissioners in order to conduct an advisory referendum by a vote of the people. The election shall be held in accordance with the provisions of North Carolina General Statute §163 -287; NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners for the County of Orange: Section 1. The Board of Commissioners hereby authorizes Triangle Transit to call a referendum during the normal time the polls are open, on Tuesday, November 6, 2012, at which there shall be submitted to the qualified voters of the County of Orange the question stated in Section 3 of this resolution. Section 2. The said referendum shall be held in accordance with the procedures of North Carolina General Statute §163 -287. Section 3. The form of the question to appear in the ballots and in the instructions to voters for said referendum shall be substantially as follows: [ ) FOR [ ] AGAINST "One -half percent (1/2 %) local sales and use tax, in addition to the current local sales and use taxes, to be used only for public transportation systems." Section 4. The Clerk to the Board of Commissioners is hereby authorized and directed to mail or deliver a certified copy of this Resolution to the Board of Trustees of Triangle Transit within three days after passage hereof. Section 5. This Resolution shall take effect upon its passage. 4 PUBLIC HEARING OF THE ORANGE COUNTY BOARD OF COMMISSIONERS Regarding the question of funding for Public Transit In 2009 the Governor signed into law the Congestion Relief and Intermodal Transport Fund Act (HB 148) permitting Orange, Durham and Wake Counties to put forth a voter referendum for a new revenue source. A November 2012 referendum will be considered The form of the question to appear in the ballots and in the instructions to voters for said referendum shall be substantially as follows: "One -half percent (1/2 %) local sales and use tax, in addition to the current local sales and use taxes, to be used only for public transportation systems." The meeting will be held on June 5, 2012 at 7:00 pm at the Orange County Department of Social Services (DSS), 113 Mayo Street, Hillsborough Commons, Hillsborough, NC. The use of the monies would be used in accordance with the Orange County Bus & Rail Investment Plan ( OCBRIP) and other implementing agreements. The present proposed transit program includes light rail, additional bus service (local, regional and rural) and an Amtrak train station. Persons will be able to speak to this issue at the meeting. A vote on the question will be held at this meeting. For questions regarding the OCBRIP please call Triangle Transit at 800.816.7817.