HomeMy WebLinkAboutAgenda - 12-11-2012 - 6a
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:December 11, 2012
Action Agenda
Item No.6-a
SUBJECT: Public Transit Implementation Resolutions
DEPARTMENT:Attorney, Manager, PlanningPUBLIC HEARING: (Y/N)Yes
ATTACHMENT(S):INFORMATION CONTACT:
1.Resolution Authorizing the Research John Roberts,919-245-2318
Triangle Regional Public Transportation Frank W. Clifton, Jr., 919-245-2300
Authority To Levy the One Half Cent (½ ¢) Craig Benedict, 919-245-2575
Public Transportation Tax Approved by the
Voters of Orange County
2.Resolution Levying a Seven Dollar ($7.00)
Vehicle Registration Tax on Motor Vehicles
Registered in Orange County (including
NCGS 105-570)
3.Resolution Authorizing the Research
Triangle Regional Public Transportation
Authority To Levy the Full Eight Dollar
($8.00) Vehicle Registration Tax on Motor
Vehicles Registered in Orange County
(including NCGS 105-561)
PURPOSE:
To conduct a public hearing on, and consider approval of,resolutions authorizing
Triangle Transit Authority (“TTA”) to levy a ½ cent transit tax in Orange County, authorizing
Orange County to levy a $7 vehicle registration tax in Orange County, and anadditional $3
vehicle TTA registration tax in Orange County.
BACKGROUND:
The Orange County Bus and Rail Plan(OCBRIP)was adopted by the County
on June 5, 2012, and subsequently by the Durham-Chapel Hill-Carrboro (DCHC) Metropolitan
Planning Organization (MPO), Burlington-Graham (BG) MPO, and Triangle Transit. The BG
MPO approved the plan at itsAugust 21, 2012 meeting.
MPO, Triangle Transit, and Orange County staffs met throughout the summer and into
September to discuss the Implementation Agreement. On September 18, 2012, the Orange
County Board of Commissioners voted to include the DCHC MPO as a full party to the
agreement. Work continued on developing the appropriate language in the agreement
regarding the amount of revenues that would be allowed to be used to support existing transit
services. An agreement that was acceptable to all staff members was presented to the Orange
County Board of Commissioners, andthe Board approved the Implementation Agreement and
the final draft of theBus and Rail Investment Plan at the October 2, 2012regular meeting.
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This Interlocal Implementation Agreement among Orange County, Triangle Transit, and the
DCHC MPO was last approved by all parties on October 24, 2012.
The Orange County Bus and Rail Investment Plan provides the method and procedures
whereby additional busservice, bus rapid transit, light rail service and other public transit
investments including, but not limited to, an Amtrak station in Hillsborough may be provided in
Orange County. In addition to state and federal funding, the Plan designates as funding for
these new and expanded services the vehicle registration taxes authorized by North Carolina
General Statute (NCGS) 105-570 ($7), NCGS 105-561 ($3), and NCGS 105, Article 43 (1/2
cent).
½ CENT TRANSIT TAX
Approving the resolution regarding the ½ cent transit tax will allow TTA to levy the tax
pursuant to its statutory authority. This resolution is necessary because TTA previously
entered into a “Do Not Levy” agreement with Orange County in which TTA agreed not to
levy the tax until requested to do so via a resolution by Orange County.
$7 NEW VEHICLE REGISTRATION TAX
The $7 vehicle registration tax is a new tax to be levied countywide in Orange County
pursuant to the authority granted in NCGS 105-570.
$3 ADDITIONAL TTA VEHICLE REGISTRATION TAX
TTA currently levies a $5 vehicle registration tax in Orange County pursuant to the
authority granted in NCGS 105-561. The vehicle $3 vehicle registration tax is simply an
expansion of this tax to the maximum amount authorized by the statute.
Pursuant to theOrange CountyBus and Rail Investment Plan(OCBRIP) Interlocal
ImplementationAgreement (IIA) between TTA, Orange County, and the Durham-Chapel Hill-
Carrboro Metropolitan Planning Organization, approximately 64% Chapel Hill Transit (CHT),
24% TTA, and 12% Orange Public Transportation (OPT) from all combined funding sourcescan
be usedfor bus services.
Approximately 90% of the revenues generated by the $7 vehicle registration tax will be
distributed to Chapel Hill for use by Chapel HillTransitsystem which also includes Carrboro and
UNC. Approximately 10% will be distributed to Orange County for use by Orange Public
Transportation.
This $7 registration distribution formula will be analyzed as noted in section 7 of the
ImplementationAgreement. The “Shares” are being developed using the most recent budget
operating service statistics.
As noted previously, the “Share” percentage allocation can be examined each year.
$7 TAX DISTRIBUTION METHOD
Distribution of revenue from the $7 Orange County vehicle registration tax is outlined in NCGS
Article 52 §105-570 – “Any tax levied under this Article shall, after receipt of those funds from
the Division of Motor Vehicles, be retained or distributed by the countyon a per capita basis as
it receives those funds…” or as determined by the BOCC as noted in the statute.
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Orange County’s adoption of the OCBRIP IIA does set forth, in the second paragraph of Section
7, a distribution/allocation formula that can be analyzed each year or as necessary. This IIA
formula is not based on per capita, but on an audit of annual local expenditures(combined
expenditures ofChapel Hill Transit and OPT with percentage allocation derived by dividing the
total by the specific transit provider local expenditure including overhead but without
consideration of federal or state financial assistance).
Two options exist for the distribution process. They are:
A.Orange County receives the tag taxes from the North Carolina Department of Motor
Vehicles (NCDMV) and forwards to TTA, who is responsible for further disbursement for
services consistent with the OCBRIP and IIA (TTA by agreement, reports on
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implementation specifics each year on or before November 1)
B.Orange County creates an agreement with NCDMV for direct disbursement of revenues
to TTA with similar reporting as noted above each November.
The resolutions authorize the County and TTA to move forward with the levy of these taxes.
FINANCIAL IMPACT:
The financial impact is outlined in the OCBRIP. Please see full report on
the Orange County websitehttp://orangecountync.gov/planning/TransitPlan_TaxRef.aspalong
with links to other sources.
It should be noted that not all funding sources to support the OCBRIP are funded locally with
these resolutions. No general fund monies are allocated at this time beyond existing local
services. 50% funding from federal sources and 25% funding from state sources are assumed
for light rail (LRT) funding.
RECOMMENDATION(S):
The Manager recommends the Board:
Open the public hearingand receive public comments;
Close the public hearing;
Decide on Option A or Bas noted abovefor the $7 vehicle registration tax;
Request an annual update from TTA on the collection and disbursement of all taxes it
is authorized to administer for the OCBRIP; and
Approveand authorize the Chair to sign the three (3)attached resolutions.
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RES-2012-112 ATTACHMENT 1
ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE
RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY TO LEVY THE
ONE HALF CENT (½ ¢)PUBLIC TRANSPORTATION TAX APPROVED BY THE VOTERS OF
ORANGE COUNTY
WHEREAS,
the Orange County Board of Commissioners has adopted the Orange County Bus and
Rail Investment Plan; and
WHEREAS,
the Orange County Bus and Rail Investment Plan provides for the levy and disbursement
of the one half cent (½ ¢)public transportationtax authorized by North Carolina General Statute
Chapter 105, Article 43; and
WHEREAS,
in June 2012 the Orange County Board of Commissioners entered into an agreement
with the Research Triangle Regional Public Transportation Authority providing that in the event the tax
referendum was successful the Research Triangle Regional Public Transportation Authority would not
levy the one half cent (½ ¢) public transportation tax until requested to do so by a resolution of the
Orange County Board of Commissioners; and
WHEREAS,
on November 6, 2012 the voters of Orange County approved via referendum the levy of
the one half cent (½ ¢) transportation tax;
NOW, THEREFORE, BE IT RESOLVED,
that the Orange County Board of Commissioners hereby
authorizes the Research Triangle Regional Public Transportation Authority to levy the one half cent
(½ ¢) public transportation tax approved by the voters of Orange County.
th
This the 11day of December 2012.
__________________________________
Chair
Orange County Board of Commissioners
Attest:
_________________ _____
Clerk to the Board of Commissioners
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RES-2012-113 ATTACHMENT 2
ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION LEVYING A SEVEN
DOLLAR ($7.00) VEHICLE REGISTRATION TAX ON MOTOR VEHICLES REGISTERED IN
ORANGE COUNTY
WHEREAS,
the Orange County Board of Commissioners has adopted the Orange County Bus
and Rail Investment Plan; and
WHEREAS,
the Orange County Bus and Rail Investment Plan provides for the levy and
disbursement of the seven dollar ($7.00) motor vehicle registration tax authorized by North
Carolina General Statute §105-570; and
WHEREAS,
Orange County and one or more municipal corporations in Orange County operate
public transportation systems;
NOW, THEREFORE, BE IT RESOLVED,
that the Orange County Board of Commissioners
hereby levies theseven dollar ($7.00) motor vehicle registration tax as authorized by North
Carolina General Statute§105-570with said motor vehicle registration tax being effective July
1, 2013.
th
This the 11day of December 2012.
___________________________________
Chair
Orange County Board of Commissioners
Attest:
_________________ _____
Clerk to the Board of Commissioners
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RES-2012-114 ATTACHMENT 3
ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE
RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY TO LEVY THE
FULL EIGHTDOLLAR ($8.00) VEHICLE REGISTRATION TAX ON MOTOR VEHICLES
REGISTERED IN ORANGE COUNTY
WHEREAS,
the Orange County Board of Commissioners has adopted the Orange County Bus and
Rail Investment Plan; and
WHEREAS,
the Orange County Bus and Rail Investment Plan provides for the levy and disbursement
of the full amount of the eightdollar($8.00) motor vehicle registration tax authorized by North Carolina
General Statute §105-561; and
WHEREAS,
the Research Triangle Regional Public Transportation Authority currently levies a motor
vehicle registration tax of five dollars ($5.00) on motor vehicles registered in Orange County; and
WHEREAS,
the Research Triangle Regional Public Transportation Authority desires to levy the full
amount of the tax and the Orange County Board of Commissioners desire to authorize such levy.
NOW, THEREFORE, BE IT RESOLVED,
that the Orange County Board of Commissioners hereby
authorizes and approves the levy of an additional three dollars ($3.00) of the motor vehicle
registration tax as authorized by North Carolina General Statute§105-561.
th
This the 11day ofDecember 2012.
___________________________________
Chair
Orange County Board of Commissioners
Attest:
_________________ _____
Clerk to the Board of Commissioners
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