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HomeMy WebLinkAboutAgenda - 09-06-2012 - 5f ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 6, 2012 Action Agenda Item No. 5-f SUBJECT: Tax Collector's Annual Settlement for Fiscal Year 2011-12 DEPARTMENT: Tax Administration PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Resolution T. Dwane Brinson, Director, Reports (5) 919-245-2109 Order to Collect Report of Delinquent Property Taxes (provided to Clerk) PURPOSE: To receive the tax collector's annual settlement on current and delinquent taxes, approve the accounting thereof, and upon acceptance of the reports, issue the Order to Collect for Fiscal Year 2012-2013. BACKGROUND: The reports in the annual settlement provide in detail the collection for the County, all fire and special districts, and the Towns of Carrboro, Chapel Hill, and Hillsborough during Fiscal Year 2011-2012. The overall tax collection percentage for Orange County only is 98.60%. The overall collection percentage has three components: real property, personal property, and motor vehicles. It is reflective of all jurisdictions charged to the collector. The tax collector is required by North Carolina General Statute (NCGS) 105-373 to give an annual settlement to the governing body. It is the intent of the Machinery Act to create a direct relationship of responsibility and accountability between the tax collector and the governing body. NCGS 105-373 requires the tax collector to furnish a sworn report to the governing body showing a list of property owners whose taxes remain unpaid for the preceding fiscal year. There are four sections to the report: business property owners, individual property owners, real property owners, and registered motor vehicle property owners. By acceptance of the resolution, the Board designates the list entered into the minutes. The tax claim is not discharged or written off. These accounts are recharged to the collector as delinquent accounts, and the collector has full authority to use levy and garnishment to effect their collection. Lists have been provided to the Clerk to the Board for the permanent record of all outstanding tax by category. 2 There are two settlement reports for tax. The first settlement report shows all taxes charged for collection for the 2011-2012 Fiscal Year. The tax collector is credited with all sums representing taxes collected and deposited, the principal amount of unpaid taxes on real property, and the principal amount of unpaid taxes on personal property as of June 30, 2012. All uncollected taxes allowed as credits in a settlement are recharged to the tax collector. The second settlement report shows all prior years' taxes collected during the 2011-2012 Fiscal Year. There are additional reports included with the abstract. One of the reports provides details on all other miscellaneous revenue charged to the Tax Collector for collection during Fiscal Year 2011-2012. An additional report shows the accounts receivable information for 2011 taxes at the beginning of the 2012 fiscal year. The final report is the minimal bill report which provides the number of bills and amount of taxes that are waived. FINANCIAL IMPACT: There is no financial impact associated with receipt of the tax collector's annual settlement. RECOMMENDATION(S): The Manager recommends the Board • Receive the tax collector's annual settlement, and approve and authorize the Chair to sign the resolution accepting it as reported for entry into the minutes; and • Approve, authorize the Chair to sign, and issue the Order to Collect to the Tax Collector for Fiscal Year 2012-2013. 3 RES-2012-074 RESOLUTION APPROVING THE TAX COLLECTOR'S ANNUAL SETTLEMENT FOR THE CURRENT YEAR 2011 AND PRIOR YEARS BE IT RESOLVED by the Board of Commissioners of Orange County that the following documents attached hereto are received and approved, consisting of the following: 1. Settlement of 2011 Tax Accounts 2. Settlement of Prior Years (2002-2010) Tax Accounts 3. Tax Collector's Report of 2011 Unpaid Taxes 4. Tax Collector's Report of Minimal Property Tax Bills 5. Report of Collections of Non-Tax Revenue and Miscellaneous Taxes ADOPTED this the 6th day of September, 2012. Bernadette Pelissier Chair, Board of County Commissioners Attest: Clerk to the Board of County Commissioners Settlement for 2011 Tax Accounts Orange County,Fire and Special Districts 4 Towns of Carrboro,Chapel Hill,and Hillsborough for Fiscal Year 2011-2012 Orange Fire&Special Town of Town of Town of Grand County Districts Carrboro Chapel Hill Hillsborough Total CHARGES Adjusted Levy-Real 124,022,674.73 21,427,199.70 10,808,374.00 30,954,545.17 4,103,323.94 191,316,117.54 Adjusted Levy-Personal 4,985,325.05 193,103.38 1,111,897.03 356,959.17 6,647,284.63 Adjusted Levy-Motor Vehicles 7,383,158.41 623,421.13 1,403,054.96 244,009.43 9,653,643.93 Adjusted Levy--Personal&Motor Vehicles 1,799,519.03 1,799,519.03 Adjusted Levy-Vehicle Fees 371,126.80 843,972.30 49,785.08 1,264,884.18 Interest&Penalties 299,352.25 38,892.29 14,944.27 56,089.36 12,660.35 421,938.52 Total 136,690,510.44 23,265,611.02 12,010,969.58 34,369,558.82 4,766,737.97 211,103,387.83 CREDITS Real Uncollected 1,261,646.56 169,544.50 90,964.05 146,210.79 68,543.54 1,736,909.44 Personal Uncollected 77,278.04 2,003.72 19,822.47 1,764.22 100,868.45 Motor Vehicles Uncollected 732,225.02 63,837.36 108,582.97 34,314.56 938,959.91 Personal&Motor Vehicles Uncollected 10,468.63 10,468.63 Motor Vehicle Fees Uncollected 52,012.59 89,006.01 9,036.12 150,054.72 Cash Deposited 134,619,360.82 21,939,143.64 10,923,453.88 31,957,941.93 4,402,635.70 203,842,535.97 Total 136,690,510.44 22,119,156.77 11,132,271.60 32,321,564.17 4,516,294.14 206,779,797.12 COLLECTION CREDIT Cash Deposited 134,619,360.82 21,939,143.64 10,923,453.88 31,957,941.93 4,402,635.70 203,842,535.97 Prop Tax Appeals Pending Credit 16,821.93 2,473.55 - 252.39 - 19,547.87 Total Collection Credit 134,636,182.75 21,941,617.19 10,923,453.88 31,958,194.32 4,402,635.70 203,862,083.84 COLLECTION PERCENTAGE Real 99.00% 99.21% 99.16% 99.53% 98.33% Personal 98.45% 98.96% 98.22% 99.51% Motor Vehicles 90.08% 89.76% 92.26% 85.94% Personal&Motor Vehicles 99.42% Motor Vehicle Fees 85.99% 89.45% 81.85% Total 98.49% 99.22% 98.26% 98.94% 97.61% Collection Percentage Reported In the CAFR and to the LGC 98.60% Combined County,fire&Special District Overall Collection 98.59% Timothy Dwane Brinson,Tax Collector for Orange County,Towns of Carrboro,Chapel Hill,and Hillsborough,and applicable fire/special districts,being duly appointed,respectfully reports that he has made a diligent effort within the time permitted by law to collect the taxes due from persons listed out of their personal property and by other means available to him for collection of such taxes. Sworn to and subscribed before me this thet.i) day of August,2012, ``‘���Ill!Ip////®®, ,4 t ®\ Y�y �$� ®®®® T.Dwane Brinson,Tax Collector A� �— Notary Public m My ommission expires®5DZ 2&f'7 NOTARY IC SETTLEMENT OF UNPAID TAXES FOR THE YEARS 2002-2010 Orange County, Fire and Special Districts Towns of Carrboro, Chapel Hill,and Hillsborough in Adjusted Levy* Total Uncollected Balance Interest Collections (Accounts Receivable) Collected Orange County 3,259,557.25 1,536,730.96 1,722,826.29 Downtown Revitalization 1,037.03 721.64 315.39 Cedar Grove Fire 10,257.80 6,095.59 4,162.21 chapel Hill Fire 221.46 137.50 83.96 Damascus Fire 495.14 319.12 176.02 Efland Fire 16,971.60 10,102.44 6,869.16 Eno Fire 10,063.72 5,277.42 4,786.30 Little River Fire 3,480.98 2,373.33 1,107.65 New Hope Fire 4,983.85 3,292.80 1,691.05 Orange Fire 24,850.82 12,875.47 11,975.35 Orange Grove Fire 7,552.89 4,263.94 3,288.95 South Orange Fire 12,735.38 6,548.27 6,187.11 South Triangle Fire 3,314.70 1,660.51 1,654.19 White Cross Fire 8,444.27 4,686.31 3,757,96 CH-Carr School District 241,787,48 144,380.75 97,406.73 Total County, Fire, and Special Districts 3,605,754.37 1,739,466.05 1,866,288.32 208,390.44 Town of Carrboro Real . 178,198.39 138,567.38 39,631.01 Motor Vehicle and Other Personal Property 272,266.29 80,274.05 191,992.24 Total 450,464.68 218,841.43 231,623.25 4.31 Town of Chapel Hill Real 108,085.42 58,697.57 49,387.85 Motor Vehicle and Other Personal Property 381,157.34 138,292.54 242,864.80 Total 489,242.76 196,990.11 292,252.65 21,112.52 Town of Hillsborough Real 128,653.77 71,434.01 57,219.76 Motor Vehicle and Other Personal Property 64,548.71 11,997.21 52,551.50 Total 193,202.48 83,431.22 109,771.26 6.93 *Note that the Adiusted Levy includes adjustments,releases,and additional levy that occurred during the fiscal year. Timothy Dwane Brinson,Tax Collector for Orange County,Towns of Carrboro, Chapel Hill, and Hillsborough, and applicable fire/special districts, being duly appointed, respectfully reports, in accordance with G.S. 105-373(b), the amount of taxes remaining unpaid for years 2002 through 2010,that he has made a diligent effort within the time permitted by law to collect such taxes out of the personal property of such taxpayers, or by other means available to him for collection of such taxes. �r Sworn and subscribed before me on this the a,day of August, 2012 T. Dwane Brins J4• ?� 6126,4,t ) (144, 6,, i Notary Public My commission expires c23- o/ / S r V 2011-2012 Miscellaneous Collections 6 2011-2012 COLLECTIONS OF NON-TAX REVENUE EMS Ambulance Fees $ 2,008,400.29 not inclusive of Medicaid Reimbursement 2011-2012 COLLECTION OF RENTAL VEHICLE GROSS RECEIPT TAX FOR MUNICIPALITIES Medicaid Reimbursement for EMS $ 306,295.00 Chapel Hill $ 42,369.88 Schedule B Licenses $ 581.25 Hillsborough $ 9,686.99 Beer&Wine Licenses $ 13,161.75 Carrboro $ 1,251.88 Rental Vehicle Gross Receipts Tax $ 62,057.89 TOTAL $ 53,308.75 Emergency Mgmt Collections $ 39,687.00 (all other charges but ambulance) 3R Fee Collection $ 3,910,471.21 Waste Center Fee Collection $ 311,981.42 Occupancy Tax Collections $ 1,017,475.22 TOTAL $ 7,670,111.03 COLLECTIONS OF MISCELLANEOUS AD VALOREM TAXES&MOTOR VEHICLE TAG FEES Fiscal Year 2011-2012 All Prior Years Adjusted Total Amount Collection Adjusted Total Amount Collection Levy Collected Uncollected Percentage Levy Collected Uncollected Percentage Town of Mebane,Motor Vehicle Taxes 59,985.94 51,120.62 8,865.32 85.22% 7,870.01 5,024.09 2,545.63 67.65% City of Durham,Motor Vehicle Taxes 607.84 607.84 - 100.00% 139.70 73.80 65.90 52.83% City of Durham,Motor Vehicle Tag Fees 862.84 862.84 - 100.00% 199.70 118.80 80.90 59.49% 7 1 icAt ORANGE COUNTY TAX ADMINISTRATION 228 S CHURTON STREET,SUITE 200,PO BOX 8181 HILLSBOROUGH,NORTH CAROLINA 27278 Telephone(919)245-2725 Fax(919)644-3332 T. Dwane Brinson, Director State of North Carolina County of Orange Tax Collector's Report of FY 2012 Accounts Receivable—Real/Personal Property Timothy Dwane Brinson, Tax Collector for Orange County, Towns of Carrboro, Chapel Hill, and Hillsborough, and applicable Fire Districts being duly appointed, deposes and says: A complete list of persons owning real and personal property whose tax remain unpaid and the principal amount due has been filed with the Clerk to the Board of County Commissioners and is available for inspection. The principal amount of 2011 real and personal property as of July 1, 2012 is $3,038,937.22. ''._ Timothy Dwane Brinson Orange County Tax Collector Sworn to and subscribed before me this the 6th day of September, 2012. NotauSi P blic My Commission expires ®6-Q2-2&/'7 00:01111i i NOTARY PUBLIC • 11110 8 TAX COLLECTOR'S REPORT OF MINIMAL PROPERTY TAX BILLS Fiscal Year 2011-2012 North Carolina General Statute 105-321(f) is a provision authorizing the governing board of a taxing unit that collects its own taxes to adopt a resolution foregoing the collection of bills that do not exceed a specified amount, up to five dollars ($5.00). The Orange County Board of Commissioners has adopted, by resolution effective July 26, 1995, a policy change to permit the County Assessor and Tax Collector to waive the billing and collection of tax notices that do not exceed five dollars ($5.00), and that the tax collector keep record of such and report the total amount as part of annual settlement. The total number of motor vehicle notices less than five dollars ($5.00) is 5,490. The total amount of taxes waived is $12,459.07. The total number of real estate and personal property notices less than five dollars ($5.00) is 2078. The total amount of taxes waived is $2,171.48. • v. ►— Timothy Dwane Brinson Orange County Tax Administrator 9 ORDER OF THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH G.S. 105-321 State of North Carolina County of Orange ORDER OF THE BOARD OF COUNTY COMMISSIONERS IN ACCORDANCE WITH G.S. 105—373 & 105— 321 To: Timothy Dwane Brinson Tax Collector of Orange County, Towns of Carrboro, Chapel Hill, and Hillsborough, and Applicable Fire Districts You are hereby authorized, empowered, and commanded to collect the taxes remaining unpaid as set forth in the 2002 through 2012 tax records filed in the office of the Tax Collector, and in the tax receipts herewith delivered to you in the amounts and from the taxpayers likewise therein set forth. You are further authorized, empowered, and commanded to collect the 2002 through 2012 taxes charged and assessed as provided by law for adjustments, changes, and additions to the tax records and tax receipts delivered to you which are made in accordance with law. Such taxes are hereby declared to be a first lien on all real property of the respective taxpayers in Orange County, Town of Carrboro, Town of Chapel Hill, Town of Hillsborough, Fire Districts of Orange, Efland, South Orange, New Hope, Eno, Orange Grove, Chapel Hill, Little River, Cedar Grove, South Triangle, Damascus, and White Cross, and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell, any real or personal property, and attach wages and/or other funds, of such taxpayers, for and on account thereof, in accordance with law. You are further authorized to call upon the Sheriff to levy upon and sell personal property under execution for the payment of taxes. Within available funds in the budget ordinance and personnel positions established, the Tax Collector may appoint employees, and they shall have the authority to perform those functions authorized by the Machinery Act of Chapter 105 of North Carolina General Statutes and other applicable laws for current and previous years' taxes. County personnel presently in the Tax Collector's office will continue to serve in their respective collection positions. Witness my hand and official seal, this 6th day of September, 2012. Bernadette Pelissier Chair, Board of County Commissioners Attest: Clerk to the Board of County Commissioners