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HomeMy WebLinkAboutAgenda - 03-06-1991MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS AND CHAPEL HILL TOWN COUNCIL MARCH 6, 1991 Approved April 1, 1991 The Orange County Board of Commissioners met in Joint Session with the Chapel Hill Town Council at 5:30 p.m. in the Council Meeting Room, Municipal Building, Chapel Hill, North Carolina to discuss legislative matters. COMMISSIONERS PRESENT: Chairman Moses Carey, Jr., and Commissioners Alice Gordon, Verla Insko and Don Willhoit. COMMISSIONER ABSENT: Commissioner Stephen Halkiotis COUNCIL MEMBERS PRESENT: Mayor Jonathan Howes, and Council Members Nancy Preston, Joseph Herzenberg, Joyce Brown, and Julie Andresen. COUNCIL MEMBERS ABSENT: Council Members Alan Rimer, James Wallace, Arthur Werner, and Roosevelt Wilkerson. ORANGE COUNTY STAFF PRESENT: John Link, County Manger, Ted Abernathy, EDC Director and Kathy Baker, Deputy Clerk to the Board of County Commissioners. ORANGE COUNTY ATTORNEY: Geoff Gledhill CHAPEL HILL STAFF PRESENT: Cal Horton, Town Manager, Pete Richardson, Clerk to the Town Council and Greg Feller, Assistant to the Manager. CHAPEL HILL ATTORNEY: Ralph Karpinos 1. INTRODUCTIONS Mayor Howes called the meeting to order and stated that the meeting focus would be discussion of the proposed Orange County Visitor Development Authority, as well as the Orange County Impact Tax. Mr. Horton indicated that the information provided by the proposed Visitor's Center Task Force had been evaluated. Staff has researched the idea, and citizen comments have been solicited and received. From an economic standpoint it has been decided that a break -even analysis would be the most effective one to be used. In essence, in carrying out the proposal enough funds would be generated to cover operating costs. The review of potential contributions indicates that this venture could very well be self - supporting. Discussion on the particular services and arrangements for creation would be beneficial. He suggested that "service Fa bureau" or "commissioner" would be a more descriptive title. He also indicated that the details do not need to be worked out before presenting the request for authority to establish this Bureau to the General Assembly. In response to a question from Council Member Preston, Chairman Carey indicated the EDC's suggestion was that the we request authority for a maximum of a 3% tax. The details of how much would actually be put into effect initially is not necessary for the enabling legislation. Council Member Brown asked if it was possible to request an increase in the tax without indicating the intended use. Chairman Carey indicated that the request could be handled that way. Council Member Andresen indicated that she was interested in discussing what vision the county had for this bureau. She also expressed concern about the bureau's accountability in terms of performance agreements. Chairman Carey indicated that this bureau would capitalize on the "clean industry" which already exists in the county and municipalities with emphasis on getting people who are already coming here to stay longer, as well as to attract small conferences to this area. The details will be worked out after the authority has been granted by the General Assembly. Attracting large conventions to Chapel Hill is not a part of the vision. In response to a question about what this Bureau could do that the Downtown Commission and /or the Chamber of Commerce could not do, Mr. Abernathy indicated that the Bureau would have an expert on visitor services. Also, their entire focus would be enhancing the visitors experience and encouraging more visitor to stay longer. Mayor Howes indicated that the expertise of the staff at the visitor's bureau was the critical issue, not layering on another level of bureaucarcy. This bureau would not have its own facility and would have a staff of probably two people and certainly no more than three people. Commissioner Willhoit indicated that the request for a 3% tax is not an unreasonable amount compared with what other communities have requested. Seeking the authorization for 3% gives flexibility for the future although 1% may be designated initially. Council Member Brown stated that she felt having the money earmarked for visitors might not be in the Town's best interest. It may be that people will not travel as much in the future and the money could be better spent for purposes other than trying to promote travel to Chapel Hill. Mayor Howes stated that this proposed Bureau would be accountable to the Board of Commissioners and the Town Council. .,M This item will be discussed and voted upon at upcoming meetings of the Chapel Hill Town Council and the Orange County Board of Commissioners. If passed, the General Assembly will be asked to pass enabling legislation. ORANGE COUNTY IMPACT TAX Mr. Gledhill mentioned that the Impact Tax would be much more manageable than trying to administer an Impact Fee. The Impact Fee would require a nexus be established between the development which is occurring and the infrastructure which that development would require. It is a complicated process to keep that nexus in place. That would not be required with an Impact Tax. The tax money would be used for the same purposes. It would be held in capital trusts and would be reserved to be used for the infrastructure that the development creates, however, the calculations would not need to be done. He indicated that this would be a tax on current construction and would not be retroactive. Council Member Preston stated that there is a great deal already required of developers in Chapel Hill. They must pave the roads, landscape, dedicate recreation land, and protect trees. This Impact Tax could place an undue burden on them. Commissioner Willhoit agreed that they are required to do those things, however, they are not required to do anything for the schools. The two systems are requesting upwards of $90,000,000 in capital improvements which could be a property tax impact unless other action is taken. He pointed out that if it were a fee it would be relatively simple to define the impact on water and sewer for residential development. Establishing the impact on the schools would require changing the wording so that it was clearly applicable within all of Orange County. Mr. Gledhill indicated that the Impact Fee authority that the Town has covers their planning jurisdiction. The County's Impact Fee authority covers its planning jurisdiction. There is no overlap. The Impact Tax would be imposed on all development in the County, not just in on section. Commissioner Willhoit remarked that the real impact is in providing the additional classrooms. The largest percentage of the increase in property taxes over the years has been for the schools. The Impact Tax could help offset that increase in the future. Council Member Andresen indicated that she believes further study of the issue isneeded to determine the consequences this tax will have on local developers. Mr. Gledhill indicated that the Impact Tax proposal had two features. It has a district in which the revenue is divided between the town and county, with the town getting the tax collected on development within the Town's jplanning jurisdiction. 1� -. The rate will be decided jointly by the town and the county. The other feature of the proposal is a county -wide impact tax for school capital which would be retained 1006 by the County. The only modification which has been made to the proposal, which was approved by Carrboro /Chapel Hill and Orange County, is a feature which allows the County to have impact fees. This would override the section which states that if we have impact tax authority the impact fee authority is repealed. The only change that has been made would allow the impact fee authority to remain for the county for water and sewer purposes. That is to address the eventuality that the county will have to get into some kind of a governmental monitoring program for alternative water and sewer. If that happens, then the county is going to want to have fees so that there will be a source of money to handle the costs involved. Mr. Link indicated that the intergovernmental work group sent a memorandum to the local jurisdictions, dated February 7, 1989,which addresses many of the questions which have been raised. That memorandum would be a departure point for discussion on this issue. That memorandum is attached. Discussion on this issue was ended. Mayor Howes indicated that the Town of Chapel Hill is pursuing a stable revenue source to support the Triangle Transit Authority. Some of the possible sources they are considering are taxes on rental cars and /or parking. He requested that the county support this request. They are also supporting state wide legislation encouraging beverage container recycling. There being no further business to discuss, the meeting was adjourned. Moses Carey, Jr., Chairman Kathy Baker, Deputy Clerk w Moses Carey, CL ange County P.O. Box 8181 Hi l lskkorough , Dear Moses r nK' T011'N OF CHAPEL HILL 3013 N'OR'TH COLUMBIA STREET �.IIAFE1. H11,I„ Nowi'Ii CAROLINA 27.516 February 27, 1991 Chairman Board of Cotmnissioners N.C. 27278 The Joint Meeting between the Chapel. Hill Town County Board of Commissioners has been set for fx -om 5:30 -7:00 p.m. in the Town Council Meeting Town Hall. Food will not be served. (9 19) 94h�M4 FAX 919 - 96744406 Council and orange Wednesday, March 6 Room, Chapel. Hill The agenda will be limited to possible joint legislative items which require approval by the N.C. General Assembly, including the Impact Tax and the visitors' Services Authority. Other items might .include discussion of support for a statewide bottle bill and funding for the Triangle Transportation Authority. There may be other issues that members of the Board and Council wish to discuss. We look forward to this opportunity to discuss significant wc:gislative matters with your Board. Sincerely, Aa,14-, Xe44,1 Jonathan B. Howes Mayor Post -It "brand fax transmittal memo 7671' N of Ne9ew j r jTA from 5'J. ? r �pxpt. Phoney IFnr a L [7q _Tfr, Y _ i Town of Chapel Hill Council Agenda Wednesday, March 6, 1991 at 5:30 p.m. Notic• to 200210 with impaired hearing: Interpreter services and /or infra -red sound equipment are available on request. If you need this assistance, please call the Town Manager's Office at 968 - 2700 /TDD before the meeting. Information on many agenda-items is available for citizens to read in the Town Manager's Office in the Municipal Building and at the Reference Desk in the Chapel Hill Public Library. Citizens may also obtain copies of agenda materials by calling the Town Manager's Office at 968 -2743 or 682 -8636, ext. 2743. ��100% recycled CHAPEL HILL TOWN COUNCIL AGENDA Wednesday, March 6, 1991 at 5:30 p.m. Town Council Meeting Room Joint Meeting with the orange County Board of Commissioners 1. Introduction. Mayor Hawes. 2. Discussion of legislative matters. MEMORANDUM TO: Mayor and Council FROM: W. Calvin Horton, Town Manager SUBJECT: Legislative matters for discussion with the Orange County Board of Commissioners DATE: March 6, 1991 Attached is background information regarding legislative matters which the Council may wish to discuss with the Board of Commissioners: 1. Proposed Orange County visitor Development Authority, proposed Orange County hotel /motel tax and the request for an allocation of 20% of the Chapel Hill hotel /motel taxes. 2. Orange County Impact Tax Also attached is the agenda item regarding several legislative matters on the Council's March 4 agenda. Orange County visitor Development Authority m• The Orange County Economic Development Commission's Strategic Plan includes the goal of attracting visitors along with preserving historic, cultural and natural resources. A visitor Service Task Force of the Public- Private Partnership has proposed establishing an Orange County Visitor Development Authority with funding sources including a County -wide hotel /motel tax and a requested allocation of 20% or about $50,000 from the Chapel Hill hotel /motel tax. The proposed County hotel /motel tax would generate an estimated $115,000 annually from a 1% tax. The proposal is to seek legislative authorization for a 3% occupancy tax and to initially levy 1% to support the proposed Authority. Such a County -wide tax would be in addition to and would not alter the Chapel Hill hotel /motel tax. The Chapel Hill hotel /motel tax of 3% generates about $280,000 annually. In past years, the Council has allocated $50,000 for visitor information services and support of cultural events. The remainder helps pay for services of General Fund departments, and is equivalent to revenue from about 1.4 cents of the property tax rate. Almost 80% of the hotel rooms in Orange County are in Chapel Hill. ISSUES Oraanization The Visitor Task Force proposal (attached) does not specify whether the proposed authority would be a non - profit private entity, an independent public authority or a part of the County government, or what the specific make -up of an advisory or governing board would be. We believe that the visitor development agency would benefit from being an agency of County government with general administrative and support services available from the County, and suggest this approach. If the County agency approach were pursued, we believe an advisory board composed primarily of visitor and tourism- related businesspeople would be appropriate. In addition, we suggest that the make -up of a board take into account the large percentage of hotel /motel rooms in Chapel Hill. return a visor Development Authority As discussed in previous reports to the Council, we have looked for an analysis by a non- industry entity of how much municipal revenue might result from the marketing and promotion efforts of a tourism or visitor development agency. We have discussed this issue with Dave Peterson, formerly national director for sports and convention facilities with Laventhol and Horvath, an accounting firm which specialized in hotel and conference -- related feasibility studies; Mark Lomanno, also formerly with Laventhol and Horvath; Michael Dunn of the Greensboro office of Pannell Kerr Forster, an accounting firm which specializes in hotel matters; and Bryan Mihalik, assistant professor of tourism at Georgia State University. None was able to refer us to a report or study of the type we seek. Their key observations included: * A study of local revenue returns on spending for convention and visitor bureaus in other cities may have little meaning for Chapel Hill. (Peterson) * A break -even analysis of the amount of hotel business necessary to recover funding of a convention and visitor bureau is one way to approach this issue. (Peterson) * A study of the type we seek would involve review of tourism related business income before and after establishment of a tourism bureau, and of other factors affecting tourism /visitor business activity. Such a study could be performed by a firm with the specialized data base necessary. (Dunn /Pannell Kerr Forster) * An economic impact multiplier of 2.0 to 2.5 may be reasonable as an indication of the extent to which tourism dollars recirculate in a local economy. (Lomanno) * The economic multiplier for tourism /visitor income is probably 2.0 to 2.1. (Mihalik) In addition, we contacted Robert Gittler of the Planning Department at the University of Illinois at Champaign and received an income multiplier factor of 1.5884 for Orange County as of 1987. This multiplier was calculated from the University's Economic Impact Forecasting System (EIFS), which is used to generate multipliers for each County in the US from data on business types and employment. As previously discussed, we believe a visitor development authority clearly has the potential to recover a Town funding allocation after a start -up period which could be a few years. An 18% increase in hotel /motel room rental income would recover $25,000 annually in Chapel Hill occupancy taxes without considering multiplier effects. Because of sales tax distribution formulas, we believe most of the return to the Town would be in occupancy taxes with a limited sales tax revenue increase. In addition, the Orange County Tax office staff has advised us that two hotels in Chapel Hill each received reductions of about $2 million in their taxable valuation due to reduced income. At the current property tax rate, these valuation reductions reduce Town property tax revenues by about $25,000 annually. Tax records indicate these valuation reductions occurred in 1990. A future increase in valuation and related property tax revenue from these hotels is therefore a potential benefit from increased visitor /tourism promotion and marketing. The Tax Office staff advised that it assigns valuations to most hotels and motels on the basis of construction costs and land value rather than income. Programs of the 2roposed visitor development authority The proposal by the Visitor Task Force includes suggested annual budgets and a list of marketing and promotion programs (pages 5 through 8 of the report). Generally, the approach is that the authority would serve as an umbrella agency that would supplement the work of the four existing visitor service agencies in Chapel Hill, including the University, and Hillsborough. Examples of programs suggested in the Task Force proposal include a county -wide visitor guide, meeting planners guide, calendar of events, media /marketing kits, video, VIP host program, tour packages, speakers' bureau, signage program and telephone hotlines. We believe these service are logical additions and enhancements to the existing local programs. CONCLUSION We suggest the following as a general approach to visitor services issues: 1. We recommend allocating 10% of the Town's hotel /motel tax for a visitor /tourism promotion agency on a performance agreement basis, subject to annual review by the Council. 2. We believe the agency would benefit from being a County entity with related administrative and support services. 3. We suggest an advisory board for the agency have representation with emphasis on businesspeople with interests and skills related to visitor services, and that the composition of the board take into account the distribution of hotels and motels within the county. 4. We would recommend endorsing a County -wide hotel /motel tax as the primary source of funding for visitor services. Orange County development impact tax. BACKGROUND Discussions in 1988 Orange County, Chapel Hill and Carrboro representatives proposed in 1988 that the governments request a local bill for a development impact tax as an alternative to impact fees possibly: under 1985 and 1987 local bills. The impact tax would be easier to administer than impact fees. summary of current proygsg1 The Orange County Commissioners are considering making a request for authorization to levy this tax in a proposed impact tax district including Chapel Hill, Carrboro and unincorporated areas of the County. Impact taxes would be allocated to the Towns based on developments in the Towns and their respective extraterritorial and Joint Planning transition areas. The County would retain collection and administration costs. Hillsborough and Mebane could request to be added to the district area subject to the impact tax. Under the draft prepared for the Commissioners' consideration, the Towns could use impact fee revenue for various capital purposes including roads, drainage and police and fire stations. Once effective, the impact tax would preclude establishment of impact fees in Chapel Hill and Carrboro except for water and sewer purposes. The County Commissioners would be the governing board of the impact tax district and would set the impact tax rates per square foot of dwelling space and enclosed commercial floor space. However, the proposal provides that the Commissioners would consult with the Chapel Hill and Carrboro governing boards in setting the tax rates. DISCUSSION This proposal is very similar to that prepared in 1988. The use of a district is intended to make the tax workable if Hillsborough and Mebane choose not to participate. As discussed in 1988, we believe the impact tax is more practical to apply than impact fees, which must be spent with a clear relationship to development from which they are generated. ORANGE COUNTY VISITOR TASK FORCE Chairman's Report December 5,1990 FORWARD The following programs, interim and long -term funding recommendations, mission statement and budget model are the result of many hours of work by the marketing, research and funding committees of the Orange County Visitor Task Force since August 1, 1990. These recommendations will best serve the diverse needs of Orange County's visitor industry and provide for enhanced revenues through the broadening of the county tax base. Additionally, these recommendations have taken into consideration the existing staff and budgets of organizations currently providing visitor services. In this respect, this proposal has been designed to enhance, not duplicate, effective ongoing visitor efforts. The primary mission of an Orange County Visitor Development Authority would be to attract additional compatible visitor business and provide an organized, central "voice" for the visitor industry for more cost -efficient and impactful marketing of the county externally and locally with county organizations and residents. Cooperative marketing of the county's attractions and accommodations and improved internal public relations within the hospitality industry are vital to successful economic impact with regard to visitor services. This program will be the basis of a strategic plan for a series of public forums and for formal presentations to elected officials at a county and municipal level. Sharon Finch Chair Orange County Visitor Task Force Mike Pales Chair, Marketing Committee R. Bruce Holsten Chair, Finance Committee Ed Rehkopf Chair, Research Committee CONTENTS 1. INTRODUCTION 2. MISSION 3. OBJECTIVES 4. RELATED VISITOR FACTS 5. RECOMMENDED MARKETING PROGRAMS AND LITERATURE 6. PROPOSED INCOME AND EXPENDITURE STATEMENT 1991 -1993 7. INTERIM AND PERMANENT FUN ING SOURCES 8. SUMMARY AND RECOMMENDATIONS L 1=012L1=QN 1Q.1HE ORANGE CQL=VISEEQR DEMOMMSTALMMEM Why Market Orange County to Visitors? A frequently asked question is "Why should we spend money to attract visitors we already have ?" • Area visitors' facilities and services are underutilized. City -wide hotel occupancy in Chapel Hill last year was around 63%. County -wide the occupancy was 53%. • Visitors are unfamiliar with our area and need information. • Visitors often become repeat visitors if their experience in our communities is positive. People like to go where they are made to feel welcome. • Conference and event planners need help coordinating their visits. Planners appreciate the availability of information and the convenience of a local community's efforts to attract them. They know full well the economic impact of their event on the local economy and they have come to expect professional and efficient response to their queries. Organizations planning conferences and events are no different than people shopping - they want information, value, convenience and service. The community that can provide these gets their business. • Other communities recognize the importance of actively seeking visitor groups and provide a central point of contact to disseminate information and facilitate the planning of events. Our area and economy is often in direct competition with these other communities. • While we have premiere educational, research and medical institutions that are a natural magnet for conferences and visitors, we must remember that other communities have them too. There is often competition for conferences and events. Central dissemination of information and efficient facilitation and coordination of needs, makes a difference when trying to attract groups. Is It Worth the Trouble and Expense? The answer is an emphatic yes. Would Raleigh, Durham, Charlotte and a host of other cities across the country be operating Visitor Services Authorities were it not deemed advantageous? Each dollar spent by a visitor in our communities has a ripple effect throughout the local economy. Primary recipients of visitors' expenditures must themselves pay taxes, support payrolls and buy goods and services for their businesses. To the extent that this "outside" money is churned through the local economy, it provides more sales tax revenues to provide for goverrunent services, thereby lessening the pressure to increase property taxes. Doesn't this Idea Benefit Just a Few? This is not a plan to spend tax dollars just to help local hotels. While hotels are obvious recipients of increased visitor traffic, many other businesses also benefit - restaurants, gas stations, retail shops and the host of businesses that supply their needs for goods and services. In Chapel Hill, hotels are subject to a 3% occupancy tax on room revenues, so increases in room business directly impacts on local govern- ments' revenues. Last year, Chapel Hill hotels sold close to 200,000 room nights, generating approxi- mately 5250,000 in occupancy tax. For each 1% increase in hotel occupancy city-wide, an additional $4,730 is raised in occupancy tax revenues. Total hotel sales topped S15"=, making the lodging industry one of the largest in the co=unity. What Can We Do to Attract Visitor-? Project a conscious official attitude that we want visitors - that we are willing to extend ourselves to help them and to bring them to our communities. We each can't assume that someone else is doing it. We've all got to do it and our community leaders need to stand squarely behind it. Offer gracious hospitality to those who already come. Let's make them fee; welcome with an official voice - someone representing our communities who will say 'Thanks for coming ", "How can we help you ? -, and "Please come again ". Provide better service, information and assistance to those who want to come. We need to make it easier for conference and event planners who are trying to bring their business to our communities. Instead of having them burn up the phone lines to many individual providers of visitor facilities and services, give them a central point of contact to facilitate and coordinate the many details of their event. What Will It Cost to Establish a Visitor Development Authority? Based upon the Boulder, CO, example and those of other communities, a new organization could cost approximately $150,000 in startup for each of the first two years of operation to establish a permanent infrastructure. After startup, it will cost an estimated $200,000 per year for a full time, permanently funded program with the principal increase being for programs and marketing. These figures could be significantly lowered by "piggybacking" the Visitor Development Authority with existing represent- ational organizations such as the Chapel Hill /Carrboro Chamber of Commerce, the Hillsborough Chamber of Commerce, the Chapel Hill/Carrboro Downtown Commission or the UNC Visitors' Center. Where Will the Money Come From? There are a number of possibilities: • Provide a larger allocation of the current hotel occupancy tax to fund a Visitor Development Authority. • Increase the hotel occupancy tax, with the full increase going to fund a Visitor Development Authority. • Institute a prepared meal tax with some or all of it going to fund a Visitor Development Authority. • Set up a sliding scale on either occupancy tax or prepared meal tax where the first so many dollars of tax revenue goes to a Visitor Development Authority and all proceeds above that are split between the Visitor Development Authority and other governmental needs on a percentage basis. • Convince local hotels, restaurants and other interested businesses to contribute matching or seed money for several years to get the program off the ground. All of these alternatives are seen as a way to "prime the pump" - to increase visitor expenditures in our communities - by offering better visitor services. 2. Ml`S1Q_'N .AIEYELa An Orange Cw:.nty Visitor Development Authority would be a county -wide, not - for - profit, umbrella organization: formed by local government and the visitor industry to attract and serve visitors to Orange County. It will enhance and promote the social, cultural, and economic benefits of visitors to Orange County, including increased county revenue, new jobs, and a better quality of life. i. g�rFC-rrvEs • Generate positive awareness of Orange County as a destination for pleasure and business visitors. • Stimulate interest and desire in groups and individuals to visit Orange County. • Increase the extent and length' of stay of visitors to Orange County. • Provide a liaison between visitors and the facilities, services, events, activities, agencies and organizations that serve and satisfy them. • Develop market research and target descriptions of existing and prospective visitors to guide and measure new marketing activities for the Orange County visitor industry. • Generate positive community awareness of Orange County visitors and provide opportunities for county-wide support and participation. • Provide a vehicle to merge resources from private business, government agencies, r.on- profit organizations and individuals into a cohesive, county -wide effort to market Orange County as a visitor destination. 9. • Chapel Hill dedicates approximately S17,.5W or 7% of its hotel -motel occupancy tax to visitor services. The average across the state is 50 -100%. An average of S250,000 is collected annually from this tax. Where it is directly reinvested in visitor services/ tourism, the economic impact is five dollars generated for every dollar invested. • $7.8 million will be spent in Orange County by the end of July 1991 by visitors for events of the NCHAA and the Junior Olympics in track. • if every visitor for home college football games stayed an extra night or spent another S47, it would generate over S200,000 in occupancy and sales taxes. • Over 35,000 prospective undergraduate and graduate students visit UNC each year. Most duster then visits around several schools in the area and travel with friends and parents. • The Chapel Hill- Carrboro and Hillsborough Chambers of Commerce average 3,000 visitor information requests per month. • There are approximately 12 million visitors to Orange County annually generating $72 million in sales revenues. H • Downtown merchants credit out -of - towners for over 50% of their business (one merchant credits visitors for over 90% of his business - with receipts to prove it!). • The top two reasons retirees travel is natural scenic beauty (639'x) and historic sites (52%). • Vacation travel is more oriented to long weekends than extended vacations and over 50% of inquiries about the Triangle result in actual travel to the area. (This is much higher than the industry average.) • Over 40% of local visitors stay in private homes and visit friends. (The national average is less than 24 %.) • 91% of the county tax base is residential property taxes. • There are under 1,000 hotel, motel, and bed and breLkfast rooms in Orange County. The average occupancy for the past year was 53 %. (Every room night has direct impact on restaurants, merchants, and attractions, concerts and sporting events.) • The county, as a whole, cvzrently has an investment of approximately $50,000 in direct visitor services. This includes Chambers of Commerce, the Downtown Commission and the Preservations Societies. • There are currently four primary providers of visitor services: Chapel Hill /Carrboro Chamber of Commerce (5 days a week), Hillsborough Chamber of Commerce /Visitor Center (6 days a week), Chapel Hill /Carrboro Downtown Commission (5 days a week), and the UNC Visitor Center (5 days a week). A permanently funded Orange County Visitor Development Authority would develop programs to: • attract new visitors, as well as • service existing visitors and visitor programs. This will be achieved with existing organization visitor service staff and through newly appointed professional management. The Authority would coordinate existing programs, provide comprehensive and aggressive marketing organization and serve as a central point of contact for visitor service information with a centrally located staff and facility. Its three most critical roles would be: • external marketing, • development of coordinated marketing materials, and • establishing county needs with a single authoritative voice via improved marketing and communications. PROPOSED PROGRAMS AND LITERATURE A coordinated marketing program would include: 5.1 County Visitor Quide Including hotels, country inns, motels, restaurants, attractions, retail outlets, etc. and county map with highlights. 5? Meeting Planners Guide With a services directory, meeting space information, usages /inventory of UNC meeting spaces. 5.3 Motorcoach Guide With developed itineraries and packages for Orange County including representation at trade shows to solicit business. 5.4 Cgntralized Marketine FacilitylStaff Coordinated inventory county -wide, using existing and new staff. One central point of contact for organizers for press conferences, mayor appearances, accommodations, area tours, customized agendas, facilities information, advertising and public relations activities. 5.5 Calendar of Events A monthly or quarterly calendar to serve all county organizations and eliminate the overlap of events, hotel bookings and to spread business over the year for more economic impact and berte: servicing of visitors. 5.6 5.7 5.8 5.9 5.10 5.11 5.I2 Mem hi Travel Pr am Pro - active solicitation of desirable group and association business via membership in key trade groups, such as NC Travel and Tourism Council, Triangle hotel and restaurant associations, NC Association of Convention and Visitor Bureaus (NCACVB), US Association of Convention and Visitor Bureaus, and others. Establishment of a central facility and contact person would facilitate our ability to piggyback state mailings to prospects and participate in cooperative trade show booths and match grant ad and PR funds from the state. It also enables Orange County to be a "player" in the development of compatible business with a resource bank of experienced professionals nation and state wide. Press /Marketing Kit A coordinated and complete marketing kit is necessary for travel writers, meeting organizers and unifying the facts and figures from which the area is "sold" to prospective visitor groups. This is different from the mass produced overall brochure which would be available locally for use by the Chambers, Downtown Commission, UNC Welcome Center, hotels and motels, and state welcome centers. Information Hot - lines: • Hotel Hot -line for ease of booking groups and coordinating efforts. • Visitor Hot -line toll-free number for updated visitor information. • CINET Hot -line national hot -line access for prospects looking to set up meetings and conferences making inquiries through the US Conventions and Visitors Bureau hot -line. Tour Packages Packaging of Christmas historic tours, concerts, Christmas parades, shopping and sightseeing with tour operators and with sponsoring organizations, travel agencies, hotels and airlines. An example is "Christmas in Orange County" theme, booking Orange County rooms with Messiah tickets, P1ayMaker's Nutcracker, and local area attractions. LWC Tray el and T un �gM 6-D ..Ay October Blitz to Neighboring Sto Participation in joint marketing activities for the state marketing theme with literature and manpower. Used for speaker engagements and group use, featuring county attractions and history to be produced with copies available for purchase by local organization and individuals /tourists. (This project could be an opportunity for corporate sponsorship.) VIP Ho §t Prggram and Convention Services Coordination of hosting any dignitaries that require special itinerary, arrangements, airport pick -up, welcome gifts or entertaining in conjunction with special requests from town, UNC, or area organizations. - #iandliag all arrangements, transport and coordinating details. 5.13 beakers Bureau Industry professionals available to address civic groups, give media interviews or perform as a spokesperson for the visitor industry. 5.14 Research and Photographic Library+ On -going inventory updating, usage fees and rules, for all facilities and related services to visitors. 5.15 Editorial Placements /FAM Tour Hosting Pro - active inclusion of Orange County area with state and national media and hosting of travel writers via inviting groups to see the county's sites and natural beauty. Solicitation of advertising usage of our area as a back -drop and local homes, attractions, and locales. 5.16 Emplovee Hospitality „Training A training program for hotel concierge desks and key contact sales persons on the history and attractions of the towns and county and a guided tour of the area's key attractions. 5.17 Coordinated County Signage Program Special signage for Visitor Development Authority, Welcome Center, area attractions and special event directional signage. Me single largest complaint from attendees of the Summer Olympic Festival in the Triangle was insufficiently marked venues. With the heavily forested areas, clarity of signage is critical for visitor success.) 5.18 Welcome Center /Visitor Center $uQnort Program Umbrella program serving existing facllities located in Hillsborough, downtown Chapel Hill, UNC and the Chapel Hill/Carrboro Chamber of Commerce; funding and human resources would be dedicated to these facilities. 7, 6. Proposed Income and Expenditure Statement 1991 -1993 1990 -1991 % 1991 -1992 % 1992 -1993 % I SUBSIDY * Orange County 20,000 115,000 115,000 Municipalities 17500 50,000 50,000 Private 12,500 - - 550,000 $165,000 5165,000 REVENUE Sponsorship - 251000 35,000 550.000 $190000 5200,000 EXPENSES Personnel ($12 25.0 (_$80000) 42.1 ($90,000) 45.0 Director (12,500) (38,000) (40,000) *' Admin Assistant(s) - (20,000) (25,000) Benefits - (15,750) (18,750) Furniture & Equip. - (6,250) (6,250) anon ($20,000) 40.0 (S40,000) 21.1 (540,000) 20.0 Rent - (10,000) (10,000) Administration (201000) (10,000) (10,000) Tele & C1NET - (51000) (5,000) Postage - (61000) (6,000) Dues - (3,500) (3500) Auto /Gas - (2,500) (2500) Supplies - (3,000) (3,000) ** *Marketin¢ (517,500) 35.0 (570.000) 36.8 (570,000) 35.0 Guide (s) - (10,000) (10,000) Brochure (s) (10,000) (15,000) (10,000) Video (s) - (8,000) - Media Advertising - (4,500) (10,000) Conference (s) - (7500) (7.500) Welcome Center (s) - (20,000) (25,000) Tour Program (s) (7,500) (5,000) (51000) Contract Services - - (2500) TOTAL EXPENSES (550000) ($190000) (5200,000) * This budget assumes permanent funding from fiscal year 1991 - 92. This assumes an initial staff of one with an uv=ease to three in fiscal year 1992 -1993. The marketing expenditure totals assume line item allocations based on the program priorities determined by the new Executive Director. 8 The financial recommendations are based on the evaluation of both existing sources of funds and state legislative precedent for new forms of revenue. The various options that are available to Orange County to establish and fund a suitable infrastructure for the provision of visitor services, will be assessed based on the efficiency with which they can be secured and the ability to access existing . revenue sources that could be dedicated to a visitor initiative. In this respect, the financial objectives of the authority are: • To utilize the information that is generated from the research and marketing sub-committees, in identifying the most readily achievable source of existing or new funds with which to implement initial programs and infrastructure; • In conjunction with the appropriate government bodies and agencies of Orange County, to provide for the formation of an authority and financial guidelines to administer the funding of a county wide program; • To identify a permanent source of funding to implement the recommended programs on an ongoing basis. At present, there are three identified sources of existing and new funding, which have been discussed and evaluated informally by the Task Force; these being: • Chapel Hill Occupancy Tax (Existing) • County Occupancy Tax (Overlay) • Prepared Food and Beverage Tax (Meals Tax) An Entertainment Tax and Sales and Use Tax were both evaluated and deemed inappropriate or not feasible for either interim or permanent funding at this point in time. 7.1 Existing OccuRgncy Tax (Q2apgl Hill ® 3% The town of Chapel Hill appropriates approximately 20% of its existing occupancy tax to visitor and cultural activities. If this percentage tax were applied to a visitors initiative at a county level, it would provide a minimum of $50,000 to a dedicated county program that would be responsible for the administration and allocation of the funds to the designated areas. _• �z - This new county -wide tax, requested as an overlay of up to 3 %, would generate as much as 5345,000 annually. Initially, only 1% would be applied, generating approximately 5115,000 per annum for a county program for visitors. There is a legislative precedent for this tax being levied on a county-wide basis (Mecklenberg). 73 Countv Pre red Food and Beverage Tax (Meals Tax There is only one example of this tax at present, which is in Me klenberg County, and it is totally dedicated to visitor services and the building of a new convention center. This is a 1 % tax levied on all prepared foods and beverages including restaurants, cafeterias, caterers, bars and delicatessens. The Prepared Meals Tax, if levied in Orange County, would generate the following revenue historically: GROSS RETAIL SALES AND SALES TAX COLLECTIONS IN BUSINESS CLASS OF 306 FOR ORANGE COUNTY FOR SELECTED FISCAL YEARS FISCAL GROSS GROSS PER PER YEAR• COLLECTIONS RETAIL SALES 0.1% 1.0°x6 1985 -86 $1.925,661 $69,541.722 $69,541 $695,417 1986 -87 $1. 669,648 $61,516,923 $61,516 $615,169 $66,227 _ $662.273 1988 -89 $1. 815,537 $65.588,106 $65,588 $655,881 1989 -90 $2, 008,740 $69,619,092 $69,619 $696,190 • Fiscal year runs from July 1st through June 30th. Therefore, a 05% tax would generate between 5330,000 and $350,000. These funds would constitute a new source of revenue and, like the Occupancy Tax, would require legislative approval i ''.Ic coaling General Assembly. This revenue source, if approved, could only be implemented in fiscal year 1992 -1993. In addition, the NC Restaurant Association has identified seven specific criteria that must apply prior to their legislative support for the legislation. The most important of these being a 90% dedication of all revenues generated to an approved visitor services program. Although the concept of imposirng-Oy`new caxesright -now is- politically sensitive and problematic, public opinion indicates that any newly identified revenue sources for visitor services should be allocated to a new program. It is the consensus of the Task Force that an educational program be initiated to brief our state, county and municipal officials of the direct benefits attributable to a professionally managed Visitor i7evelopmenrAutllority In addition, the Visitor Development Authorit y. will rxndertadte a minimum of two public forums to evaluate public sentiment regarding a county-wide visitor program and will make contact with the local hotel /motel association and local restauranteurs to build a consensus for any new tax based. initiatives. 10 l ) a i UV El i •W„I A svnthesis of the investigation into visitors services in Orange County has led to the following summary and recommendations on the impact of increased visitors on our towns and county. The Task Force has found that the visitor industry is a strong, clean industry which will have an increasing benefit for economic development and growth in Orange County. It is viewed as an important contributor to both increased revenue and employment in the county. It is anticipated that it will develop into one of the principal industries in the county in the next ten years. The Task Force has ascertained that a county-wide visitors program is: • growing and will be good few the county's economy, • of critical importance and needs more attention to professional development, • a sound investment and positive revenue source, and • should--I�q_de-yeloped-acc=dingtormticmaI As an employer, the visitor industry is seen as very important in an establishment of new and better job opportunities. In this respect, the visitor industry is perceived to provide above average wages and should not have a negative impact on the environment or quality of life. County and municipal funding as well as public support should be committed to increasing efforts to promote Orange County as a travel destination. Specifically, funding should be committed to the ..jr .,ation of a professionally managed visitor development authority and for county promotional and marketing activities. In addition, the industry should be involved with issues which directly and indirectly impact on itself, its constituents and the citizens of Orange County. The industry should be actively involved in issues of: • environmental quality • economic development • transportation • education • public safety, and • cultural resources. In general, the Task Force believes that the Orange County visitor industry should unify and consolidate its resources and current efforts designed to enlist and encourage support from legislatco and the public. Unification and consolidation will not only result in a better return on investment, but it will ensure that �' ! ] �n haf@ eovP=M »p ficLajs, as well as. Visitors to the county. Proposed ' 1/31/91 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF' GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL FACILITIES AND TO CREATE AN ORANGE COUNTY IMPACT TAX DISTRICT AND TO AUTHORIZE THE DISTRICT TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF CAPITAL FACILITIES REQUIRED BY GROWTH THE GENERAL ASSEMBLY OF NORTH CAROLINA ENACTS: Part 1. Definitions. Section 1. The following definitions apply to Parts 2, 3 and 4 of this Act: (1) Commercial building enclosed floor space. All enclosed floor space used for any purpose except: a. Dwelling units and accessory structures to dwelling units. b. Recreational facilities constructed as part of a residential development and used primarily by residents of the development. C. Buildings owned by the United States, the State of North Carolina, any county or any municipal corporation. d. Buildings owned and operated by non - profit entities for noncommercial and nonresidential purposes. e. Schools or day care centers. 1 (2) District. The Orange County Impact Tax District estab- lished by this Act. (3) Dwelling Unit. An enclosure containing sleeping, kitchen, and bathroom facilities desig..ed for and used or held ready for use as a permanent residence by one family. (4) Land development. a. Land development shall mean: 1. Construction of any dwelling unit (other than one excluded under subsections (b) and (c) of this section) for which a building permit was issued or should have been issued after the effective date of an ordinance adopted under this Act; 2. Construction of any commercial building enclosed floor space for which a building per- mit was issued or should have been issued after the effective date of an ordinance adopted under this Act; 3. Conversion of a building that adds one.or more new dwelling units or that creates new commer- cial building enclosed floor space; or 4. The initial location of a manufactured home or other dwelling or commercial structure within Orange County for the school capital impact tax 2 j or within the District for the District impact tax. b. For purposes of determining the impact of land development for Part 2 of this Act, land development shall not include: 1. Construction of an addition to a dwelling unit; 2. The relocation within the District of any structure located within the District on the effective date of an ordinance adopted pursuant to Part 2 of this Act or any structure with respect to which an impact tax adopted pursuant to Part 2 of this Act has been paid; 3. Within the District, the reconstruction or re- placement of one dwelling unit by another or the replacement or reconstruction of commercial building enclosed floor space that was in existence on the effective date of an ordinance adopted pursuant to Part 2 of this Act or of any such floor space with respect to which an impact tax pursuant to Part 2 of this Act has been paid. C. For purposes of determining the impact of land development for Part 3 of this Act, land development shall not include: 1. Construction of an addition to a dwelling unit; 3 2. The relocation within Orange County of any i structure located within the County on the ef- fective date of an ordinance adopted pursuant to Part 3 of this Act or any structure with respect to which an impact tax pursuant to Part 3 of this Act has been paid; 3. Within the County, the reconstruction or re- placement of one dwelling unit by another or the replacement or reconstruction of commercial building enclosed floor space that was in existence on the effective date of an ordinance adopted pursuant to Part 3 of this Act or of any such floor space with respect to which an impact tax adopted pursuant to Part 3 of this Act has been paid. (5) Person. An individual, partnership, corporation, or other legal entity. (6) Person responsible for the impact of land development. The owner of any dwelling unit or commercial building enclosed floor space on the date an occupancy permit is issued for such dwelling unit or commercial floor space or, if no such permit is issued, the date the dwelling unit or commercial floor space is occupied. Part 2. The Impact Tax District. Section 1. There shall be an Orange County Impact Tax Dis- trict which shall include all of Orange County outside the cor- 4 porate limits of the Town of Hillsborough, the Town of Mebane, and the City of Durham. Section 2. The District shall be deemed to be a body politic and corporate and authorized and empowered: (1) To adopt an official seal and alter the same at will; (2) To sue and be sued in its own name; (3) To contract and be contracted with; (4) To levy and collect a tax on the impact of land development within the District; (5) And required to keep its accounts on the basis of a fiscal year commencing on the first day of July and en- ding on the thirtieth day of June of the following year. Section 3. The Board of Commissioners of Orange County shall be the governing body of the District. O Section 4. (a) Except as provided in subsection (b), the governing body of the District may adopt an ordinance levying a tax on the impact of land development within the District (hereinafter referred to as an "impact tax ") . Orange County shall, on behalf of the District, provide for the administration, enforcement and collection of the tax. (b) The District may not adopt an ordinance pursuant to this Part if any ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session Laws (Carrboro), Section 1 of Chapter 936 of the 1985 Session Laws (Chapel Hill), or Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws (Orange County) is in effect. x. .......... an _pr 4"RPq;SUatVt0 5 ..s,.:rt : :,.. ;: an;orda,rarxce:;.,8dc� ted;;', i�rsuanG,.,tv;Secton::2. o.: Ghavter. :................. " :...... ..F......... 37ofh x.9..85 : Sess.irn :;La:a s'': ar baro> eet' on' >v ( %:�.::a. ?�...:::: . Cha to ::!:;9.3;6 ::8:::::;Se Lames::ha Sec.t�.cns:: >:::'1 > -1$' »; <`' of .. ,..: vr� :f a . 'f3tar :.e ;" Ctivin: .:.:. , t" "'I ...... .:. .. n: ;vri: Y Section 5. The purpose of the tax authorized by this Part is to generate funds to partially offset the cost of constructing new capital facilities or replacing, expanding or improving existing capital facilities necessitated in part by new growth within Orange County. Accordingly, the net proceeds generated by the tax authorized by this Part and distributed pursuant to Section 8 to Orange County, Chapel Hill, and Carrboro, respectively, shall be deposited by each local government in 'its capital reserve improvements fund or funds established under Part 2 of Article 3 of Chapter 159 of the General Statutes and may be expended only as follows: (1) Orange County 'may expend these funds to the extent otherwise authorized by law on capital improvements projects related to libraries, stormwater drainage, open space and recreation, and on emergency and public safety facilities, including jails. (2) The Town of Chapel Hill and the Town of Carrboro may expend these funds on capital improvements related to roads and other transportation systems, stormwater drainage, open space and recreation, and police and fire stations. The funds may be spent by each municipality 6 only for improvements that are located within the 1 corporate limits of that municipality or within its extra- territorial planning jurisdiction or transition area(s) as established under a joint planning agreement with Orange County, except that Chapel Hill and Carrboro may by agreement expend funds on joint projects that transcend each other's jurisdictional boundaries, such as road or drainage improvement projects. Section 6. An ordinance adopted under this Part shall provide that: (1) A person responsible for the impact of land development shall pay an impact tax for each square foot of dwelling space and commercial building enclosed floor space for which an occupancy permit is issued or, if no such permit is issued, for each square foot of dwelling space in an occupied dwelling and for each square foot of occupied enclosed floor space in a commercial building. (2) The tax shall be due on or before the date an occupancy permit is initially issued for the dwelling unit or commercial building enclosed floor space in question or, if no such permit is issued, the date such dwelling unit or commercial floor space is initially occupied. However, no tax due shall be considered delinquent until sixty (60) days after the tax becomes due. There shall be added to delinquent taxes interest at the legal rate. 7 (3) Taxes authorized by this Part may be collected pursuant to G.S. 153A -147 or G.S. 160A --207. In addition. taxes authorized by this Part may be recovered in a civil ac- tion in the nature of debt including an award of reasonable attorney fees as part of costs. Section 7. The governing body of the District, after con- sultation with Orange County, the Town of Carrboro and the Town of Chapel Hill, shall establish annually at the time of the adoption of the annual budget of Orange County the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for the ensuing fiscal year. Different tax rates may be established for different types of commercial construction. I Section 8. As soon as reasonably practicable after the close of each quarter of the fiscal year, the District shall distribute to Chapel Hill and Carrboro the net proceeds of the tax received by the District based upon development that has taken place within each respective municipality's corporate limits, extra - territorial planning jurisdiction and transition area(s), as established in joint planning agreements. The remainder of the net proceeds, plus the cost incurred by Orange County in collecting and administering the tax, shall be remitted to Orange County. As used in this Part, the term "net proceeds" means the gross proceeds of the tax less the cost to the county of collection and administering the tax. Section 4. The boundaries of the District may be expanded to include portions of Orange County within the corporate limits of C3 J the Town of Hillsborough, the Town of Mebane, or the City of Durham in accordance with the provisiorG of this section. (a) Upon a favorable vote of the majority of the membership of the governing body of the municipalities listed in this section, the entire area of that municipality that is located within Orange County shall be annexed (the "annexed area ") to the District on the first day of the next quarterly period that follows the month in which the vote took place. (b) Consistent with Section 5 of this Part, if any of the municipalities referenced in this section vote to be in the District, the net proceeds generated by the tax authorized by this Part and distributed to any such a municipality shall be deposited in a capital reserve a F.� improvements fund and may be expended only for the pur- poses authorized in subsection 5 of this Part. (c) When the District is expanded to include an annexed area, the consultation required under Section 7 of this Part shall include consultation with the governing body of the municipality within those corporate limits the annexed area lies. (d) When the District is expanded to include an annexed area, the District shall distribute to the governing body of the municipality within whose corporate limits the annexed area lies the net proceeds of the tax received by the District due to development that has taken place 0 within that municipality's corporate limits, extra - territorial planning jurisdiction, and transition area(s) as established in joint planning agreements. (e) The governing body of a municipality covered under this section may not vote to become part of the District if an impact fee ordinance authorized under special legis- lation comparable to that listed in Section 4(b) of this Part is in effect within such municipality and may not adopt such an impact fee ordinance applicable to the area within the District while it remains within the District. Section 10. This Part shall apply only to the District created herein. Part 3. The Orange County School Capital Impact Tax. Section 1. (a) Except as provided in subsection (b), Orange County may adopt an ordinance levying a tax on the impact of land development within the County and provide for the administration, enforcement and collection of the tax. (b) Orange County may not adopt an ordinance pursuant to this Part if any ordinance adopted pursuant to Section 2 of Chapter 357 of the 1965 Session Laws (Carrboro), Section 1 of the Chapter 936 of the 1965 Session Laws (Chapel Hill), or Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws (Orange County) is in effect. 10 .:...t..:Y:�:.....n.,...o rt'...and serera� .Za.t�.e::..;IIrange..::County may. itoxzant. to, this mart .:: Section 2. The purpose of the tax authorized by this Part is to generate funds to partially offset the cost of constructing new school capital facilities or replacing, expanding or improving existing school capital facilities necessitated in part by new growth within Orange County. Accordingly, the net proceeds generated by the tax authorized by this Part shall be deposited by Orange County in its capital reserve improvements fund or funds established under Part 2 of Article 3 of Chapter 159 of the General Statutes and may be expended, to the extent otherwise authorized by law, only for capital improvements projects related to schools. Section 3. A person responsible for the impact of land development shall pay an impact tax for each square foot of dwelling space and commercial building enclosed floor space for which an occupancy permit is issued or, if no such permit is such issued, for each square foot of dwelling space in an occupied dwelling and for each square foot of occupied enclosed floor space in a commercial building. (2) The tax shall be due on or before the date an occupancy permit is initially issued for the dwelling unit or commercial building enclosed floor space in question or, if no such permit is issued, the date such dwelling unit or commercial floor space is initially occupied. However, no tax due shall be considered delinquent until 001 sixty (60) days after tho tax becomes due. There shall i be added to delinquent taxes interest at the legal rate. (3) Taxes authorized by this Part may be collected pursuant to G.S. 153A -147 or G.S. 160A -207. In addition, taxez authorized by this Part may be recovered in a cavil ac- tion in the nature of debt including an award of reasonable attorney fees as part of costs. Section 4. Orange County shall establish annually at the time of the adoption of its annual budget the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for the ensuing fiscal year. Different tax rates may 'be established for different types of commercial construction. : Section 5. As used in this Part, the term "net proceeds" means the gross proceeds of the tax less the cost to the County of collection and administering the tax. Section 6. This Part shall apply only to Orange County. Part 4. Provisions for repeal of other local acts, disclosure requirements and effective date. Section 1. Orange County may repeal ` ° "' ° "' " "`` an ordinance adopted pursuant to Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws4a "fi'. Orange County may not adopt an ordinance pursuant to Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws while an ordinance adopted pursuant to this Act is in effect. Chapel Hill may repeal a !T o " .. an ordinance adopted pursuant to Section 12 1 of Chapter 936 of the 1985 Session Laws. Except _as_`:;iia >: »> - . er. sew,rer:::;:;faci:: .tares:'::: Chapel Hill may not adopt an ordinance pursuant to Section 1 of Chapter 936 of the 1985 Session Laws while an ordinance adopted pursuant to this Act is in effect. Carrboro may repeal` `z<at of an ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session Laws. �... :.. : :W'i... i Carrboro may not adopt an ordinance pursuant to Section 2 of Chapter 357 of the 1985 Session Laws while an ordinance adopted pursuant to this Act is in effect. Section 2. Whenever the sale of real property located in Orange County involves new construction, the seller shall prepare and sign, and the buyer shall receive and sign, a disclosure statement. The disclosure statement shall either be included in a contract of sale or contained in a separate document executed prior to the execution of a sales contract. This disclosure statement shall fully and completely disclose that the owner of the property at the time an occupancy permit is issued for the new construction or, if no occupancy permit is issued, the date the new construction is occupied, may be subject to a tax levied by the County and /or the District on the impact of land development. if a seller fails to make such a disclosure and the buyer suffers injury as a result of the seller's failure to disclose, the seller shall be liable to the buyer to the extent of the buyer's injury. Section 3. This Act is effective upon ratification. 13 AGENDA #9 MEMORANDUM TO: Mayor and Council FROM: W. Calvin Horton, Town Manager SUBJECT: Legislative matters DATE: March 4, 1991 Attached for your consideration are resolutions regarding: 1. Request for a local bill authorizing a vehicle license tax of up to $15 per year. 2. The need for a permanent, stable revenue source instead of the present appropriations to reimburse localities for past repeal of some local revenues. 3. State -wide enabling legislation authorizing local option revenues as alternatives to the property tax. 4. Support for continuation of State funding to help offset Town costs of fire protection services to University and University Hospitals properties. 5. The need for a revenue source to support the Triangle Transportation Authority. 6. Support for State -wide legislation to encourage recycling of beverage containers through deposit and refund requirements. 7. A request for a local bill authorizing an entertainment tax. Items 1 through 6 are included in resolution R -3. Resolution R -4 incorporates item 7. BACKGROUND In the January 12th retreat meeting, the Council discussed legislative matters for the 1991 General Assembly session. On January 28th, the Council scheduled a public forum on February 4th on potential local bill requests, and the proposed Orange County Visitor Development Authority. The public forum included the potential request for authorization to increase the vehicle license tax up to a maximum of $20 annually from the present $5, and the proposal for an entertainment tax. On February 22, the Council met with Senator Howard N. Lee and Representative Anne Barnes to discuss legislative matters. The deadline for introducing local bills is April 4th. However, making requests to the legislative delegation before then would be helpful to the Senators and Representatives whose districts include Chapel Hill areas. DISCUSSION The attached materials provide a general discussion of several legislative matters. Below is a summary of key points. 1. Request for a local bill authorizing a vehicle license tax of up to $15 per year. • Present vehicle license tax authorization for Chapel Hill is limited to $5. • An increase to $10 would generate an additional $90,000 annually. • Several cities have authorization for an annual vehicle license tax greater than $5. The City of Charlotte has authorization for a $20 license tax. • I recommend requesting authorization up to a maximum of $15 based on the discussion with representatives of the legislative delegation. 2. Reimbursements for past repeal of local revenue sources including inventory property taxes • The Town now receives about $300,000 in State reimbursement funds. • The Governor has proposed repealing the appropriation of State funds for reimbursements, and authorizing additional local option sales taxes instead. • The NC League of Municipalities supports replacing reimbursements with local option sales taxes distributed so that no locality would receive less than the present reimbursements. 3. State -wide enabling legislation authorizing local option revenues as alternatives to the property tax. * A legislative study commission has proposed and the League has supported State -wide authority for local option real estate transfer, hotel /motel, admissions, prepared meals and payroll taxes. * I recommend supporting State -wide legislation authorizing local option admission taxes such as a 3% tax for entertainment and sports events as a reasonable alternative to the property tax. 4. Continuation of State funding to help offset local costs of fire protection services to State facilities including University and University Hospitals properties. • The Town receives about $300,000 annually in State funds allocated to local fire departments which protect State property. • These funds help offset the Town's costs of protecting the state's facilities, which benefit citizens of North Carolina. 5. Need for a revenue source to support the Triangle Transportation Authority. * Bills authorizing local option County taxes on off- street parking and rental car use are under consideration. * We suggest the Council support the need for a funding source for the authority without specifying a particular type of revenue. 6. Support for State -wide legislation to encourage recycling of beverage containers through deposit and refund requirements. * A few states have enacted this type of legislation. * Increased recycling of glass is needed to meet solid waste management objectives in Chapel Hill as in other cities. 7. Potential request for a local bill authorizing an entertainment tax. * As noted above, I recommend the Council support State -wide legislation for local option admission taxes. * The attached resolution R -5 would request a local bill authorizing an entertainment tax of $1 for paid tickets to events in facilities with more than 15,000 sets. Recommendation: That the Council adopt the following resolution R- i g ncorporating items 1 through 6 above. A RESOLUTION REGARDING LEGISLATIVE MATTERS INCLUDING A REQUEST FOR A LOCAL BILL REGARDING MOTOR VEHICLE LICENSE TAXES (91- 3- 4/R -3) BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests the Senators and Representatives representing Chapel Hill areas to introduce and to support: 1. A local bill authorizing a vehicle license tax of up to $15 per year in the Town of Chapel Hill. BE IT FURTHER RESOLVED that the Council authorizes the Town Attorney to prepare a draft bill regarding the requested motor vehicle license tax authorization for transmittal with this resolution. BE IT FURTHER RESOLVED THAT THE COUNCIL requests the legislative delegation to support: 2. The need for a permanent, stable revenue source instead of the present appropriations to reimburse localities for past repeal of some local revenues. 3. State -wide enabling legislation authorizing local option revenues including admissions, real estate transfer, occupancy (hotel /motel), prepared meals and payroll taxes as alternatives to the property tax. 4. Continuation of State funding to help offset local costs of fire protection services to State facilities including University and University Hospitals properties. 5. The need for a revenue source to support the Triangle Transportation Authority. 6. State -wide legislation to encourage recycling of beverage containers through deposit and refund requirements. This the 4th day of March, 1991. A RESOLUTION REQUESTING A LOCAL BILL AUTHORIZING AN ENTERTAINMENT TAX (91-3-4/R-4) BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests the Senators and Representatives representing Chapel Hill areas. to introduce and to support a local bill authorizing an entertainment tax of up to $1 per paid ticket for admissions to entertainment and sports events in facilities with 15,000 or more seats in the Town of Chapel Hill, excluding high school events in such facilities. This the 4th day of March, 1991. MEMORANDUM TO: Mayor and Council FROM: W. Calvin Horton, Town Manager SUBJECT: Meeting on February 22nd with Legislators DATE: February 21, 1991 Below is background information and a summary of suggested items for discussion with the legislative delegation in the breakfast meeting at 7:30 am Friday at the Carolina Inn Ballroom, Section C. 461"', :iXZU Suggested items for discussion with legislators include: * Need for a permanent, stable revenue source in lieu of State reimbursements for past repeal of some local revenue sources. * Alternatives to the property tax through State -wide authorization of local option payroll, hotel /motel, admissions, real estate transfer and prepared meals taxes as proposed by a legislative study commission. * Requesting a local bill authorizing higher motor vehicle license fees, which are now limited to $5. An increase to $10 would generate about $90,000, which equals revenue from slightly more than 1/2 of one cent of the property tax rate. • Orange County Development Impact Tax. • Need for continued State funding support for Town fire protection of the University and University Hospitals properties. The Town now receives about $300,000, the equivalent of revenue from about 2 cents of the property tax rate. Additional information and topics are discussed below. M Y.WZief lif"Em The deadline for introducing local bills is April 4th. As a follow - up to the Council's public forum on February 4th and the discussion with legislators, we plan to make recommendations for consideration in the March 25 Council meeting. Information from the NC League of Municipalities regarding likely issues in this year's General Assembly session are attached. KEY ISSUES 1. Permanent revenue source in lieu of certain State reimbursements for past repeal of local revenue sources. An appropriations bill has been introduced to eliminate State reimbursements to localities for the past repeal of business inventory property taxes, some intangibles taxes, food stamp sales taxes and for the "homestead" property tax exemption of low- income elderly and disabled citizens. The Governor has supported replacing these reimbursements with a 1/2 % sales tax. The League supports the additional sales tax as a more stable and permanent revenue source in lieu of the reimbursements. The League strongly supports allocation of such additional sales taxes so that each locality will receive no net reduction. The Town receives about $300,000 annually in State reimbursements under current formulas. This amount equals revenue from about 2 cents of the property tax rate. Without the reimbursements, a replacement funding source will be very important in addressing our 1991 -92 budget. 2. Alternatives to the property tax. The League is supporting a legislative study commission's proposal for State -wide enabling legislation for local option payroll, hotel /motel, real estate transfer, admissions and prepared meals taxes. I recommend supporting State -wide authorization for these local option revenues. The General Assembly's actions and the local legislative delegation's support for new revenue sources such as our occupancy tax have been a very important in helping the Town have stable tax rates for several years. 3. Vehicle license fee In the January retreat meeting, the council discussed seeking authorization to increase vehicle license fees, which are now $5. An increase from $5 to $10 would generate about $90,000 annually or the equivalent of slightly more than 1/2 of one cent of the property tax rate. I recommend the council request authorization for a maximum vehicle license fee of $20 per year. A recently introduced bill would provide for more efficient and equitable property taxation of vehicles by requiring the Division of Motor vehicles to provide timely vehicle registration information to County Tax Offices. 4. Continued State funding for Town fire protection services to the University and University Hospitals. The Town now receives $296,000 annually from the State, which is equivalent to almost.2 cents of the property tax rate. The legislators have been sensitive to the importance of this funding to the Town and supported us when there were proposals to eliminate this funding to offset our costs of protecting State property. 5. Admissions tax A citizen has suggested an entertainment tax of $1 per ticket for events in large facilities. If authorized by the legislature, a $1 per ticket tax could generate more than $600,000 annually. An admissions tax on a percentage basis might apply more broadly to entertainment and sports events. In addition to supporting the League of Municipalities' position on the need for State -wide enabling legislation, the Council may wish to work toward authorization of an admissions tax through a local bill. 6. Proposed hotel /motel tax for orange County visitor Development Authority. The Council may wish to indicate there will be a meeting and discussion with the County Commissioners before the Council takes action on this proposal. We plan to make recommendations to you on March 25th. 7. Development impact tax. Orange County, Chapel Hill and Carrboro representatives proposed in 1988 that the governments request a local bill for a development impact tax as an alternative to impact fees possible under a 1985 and 1987 local bills. The impact tax would be easier to administer than impact fees. The orange County Commissioners are considering making a request for authorization to levy this tax in a proposed impact tax district including Chapel Hill, Carrboro and unincorporated areas of the County. Impact taxes would be allocated to the Towns based on developments in the Towns and their respective extraterritorial and Joint Planning transition areas. Hillsborough and Mebane could request to be added to the district area subject to the impact tax. Under the draft prepared for the Commissioners' consideration, the Towns could use impact fee revenue for various capital purposes including roads, drainage and police and fire stations. I recommend the Council discuss this matter with the Board of County Commissioners before taking action. We will provide additional analysis and recommendations at a later date. 8. Revenue source(s) for the Triangle Transportation Authority. Representatives of the Authority have indicated in January they would seek the Town's support of revenue authorizations such as a tax on rental cars. 9. Annexation statutes. The League staff is concerned that there may be bills introduced to restrict annexation initiated by cities and towns. The League would oppose such a proposal. Y believe annexation is appropriate and equitable for areas which have become urban or are in the process of becoming urban. The value of property just outside a city or town tends to reflect the amenities including public services in an urban area. THE FACTS ON State Reimbursements to Local Governments Whst are reimbursements? 0 Funds to replace certain local taxes that the General Assembly eliminated: • The property tax on business inventories; • Some of the intangibles tax (gone are taxes on cash on de- posit in banks or insurance companies and cash on hand); • The homestead exemption — Some low - income older or dis- abled residents have a partial property tax exemption; and • Sales taxes on food stamp pur- chases -•- Purchases made with food stamps are exempt from local sales taxes. How much money is involved? 0 In 1990 -91, Tar Heel cities and towns will get $75 million in re- imburseamsts. Counties will get about $163 million. Together local goverranatts will receive about WS m2iion in reimbursements. 0 EMImates are that municipalities would get $765 million in rdm- bu:sements in FY914Z and coun- ties would get $165.5 million in FY914Z Why does the General Assembly pro- vide reimbursements 1 When the General Assembly re- paled the business inventory tax and eliminated part of the intangibles tax, it committed to replacing those reve- nues. Why? Because these were local revenues that the General Assembly chose to repeal to help businesses, and individuals. Local governments still needed the revenues these taxes brought in, so legislators provided re- imbursements. For the same reason, there are par- tial reimbursements for the homestead exemption and replacement of reve- nues lost because sales taxes are not charged on food stamp purchases. Can the General Assembly cut reirn- burwments T Yea The General Assembly must vote each year to appropriate the reim, bursements for local governments. In 1990 there were proposals to cut reim- bursements because of a tight state budget. This year, the state's gap be- tween revenues and expected spend- ing is even wider. Some are already talking of cutting reimbursements. Are there alternatives? Local officials believe that munici- palities and counties need a stable al- ternative to the reimbursements. Mu- nicipal legislative goals call for an additional local option sales tax to re- place the reimbursements — provided that every local government gets 'at least as much revenue from this source as from the reimbursements. Lord of- ficials are willing to consider other al- ternatives. Governor James G. Martin has pro- posed an additional one -half cent local option sales tax to replace reimburse- ments. What can local officials do? Look closely at the listing of reim- bursement amount and property tax replacement impact for each munici- pality. The League maiM this infor- mation out to all cities and towns on Feb. 7. Talk with legislators. Let them know how much reimbursements your city or town gets and what would hap- pen --- in tens of increases in your tax rate — if reimbunsements were cut. Support an additional local option sales tax. Prepared by the North Carolina League of Municipalities; P.Q. Box 3069, Raleigh, NC 27602 --- (919) 834 - 1311.2191 THE FACTS ON How HB2377 affects local revenues W1tat is 102377 all abort? Last year the General Assembly passed a bill, HB2377, that made cer- tain long - standing local revenues sub - ject to annual appropriation. This was done to balance the state's budget on an acarval accounting basis. Before this, these revenues had been distributed automatically, by state statute. These funds did not have to go through the state budget process. Now, they do. Now, each year, legislators must vote to send us these tax revenues -- from taxes that have long been local reve- nues sources. What revenues are affected? O The remaining tax on intangible preppy O The excise tax on the sale of beer and wine O The franchise tax on electricity, natural gas and telephone sales Isom ntwA survey is involved? For municipalities, these revenue are expected to bring in $167.2 million for FY 1990 -91. For 1991 -92, the munic- ipal snare is estimated at $175 million. In total, municipalities and counties will receive an eatimated $240.4 million in HB2377 funds for. FY1990 -91. The estimate for local governments for M991 -92 is about $250 million. Are these local taxes or state-shared revenues? The intangibles tax orginally was a local tax. Intangible property was part of the local property tax base, subject to the ad valorem property tax. The General Assembly passed leg- islation in 1937 for the state to adminis- ter the intangibles tax. This was done to establish a uniform tax rate and to im- prove collection of the tax. The tax was to be collected by the state on behalf of local governments. Before 1949, there were local fran- chise taxes on sale of electricity, natural gas and telephone service within a mu- nicipality. The state's franchise tax re- placed the local taxes, again applying a uniform rate across the state. The state keeps the franchise taxes from sales within unincorporated areas and re- turns to cities and towns part of the tax proceeds from sales within municipal- ities: The state began levying an excise tax on beer and wire back in 1933. In 1947, the General. Assembly raised the tax and shared the increase with cities and counties that allowed sales within their boundaries. Are these revenues at risk? Yes. The General Assembly could decide to cut the appropriation of HB2377 funds. There already has been talk of keeping the 1991 -92 appropria- tion the same as the 90-91 appropria- tion, thus cutting out the natural growth of these local revenues. What's the alternative? Municipal legislative policy calls for the repeal of HB2377, returning these funds to the previous statutory method of distribution. Municipal offi- cials also would be happy with statu- tory language that stops short of restor- ing the previous status as local government money, but gets these funds out of the annual appropriations Process. What can local officials do? Contact your legislators and ask them to support repeal of HB2377 or alternative language that gets this local government money off the table. Prepared by the North Carolina League of Municipali. P.O. Box 3069, Raleigh, NC 27602 (919) 834 - 1311.2/91 CHAPEL HILL TOWN COUNCIL AGENDA Wednesday, March 6, 1991 at 5:30 p.m. Town Council Meeting Room Joint Meeting with the orange County Board of Commissioners 1. Introduction. Mayor Howes. 2. Discussion of legislative matters. w ■ MEMORANDUM TO: Mayor and Council FROM: W. Calvin Horton, Town Manager SUBJECT: Legislative matters for discussion with the Orange County Board of Commissioners DATE: March 6, 1991 Attached is background information regarding legislative matters which the Council may wish to discuss with the Board of commissioners: 1. Proposed Orange County Visitor Development Authority, proposed Orange County hotel /motel tax and the request for an allocation of 20% of the Chapel Hill hotel /motel taxes. 2. Orange County Impact Tax Also attached is the agenda item regarding several legislative matters on the Council's March 4 agenda. P -0range County Visitor Development Authority BACKGROUND The Orange County Economic Development Commission's Strategic Plan includes the goal of attracting visitors along with preserving historic, cultural and natural resources. A Visitor service Task Force of the Public- Private Partnership has proposed establishing an Orange County Visitor Development Authority with funding sources including a County -wide hotel /motel tax and a requested allocation of 20$ or about $50,000 from the Chapel Hill hotel /motel tax. The proposed County hotel /motel tax would generate an estimated $115,000 annually from a 1% tax. The proposal is to seek legislative authorization for a 3% occupancy tax and to initially levy 1% to support the proposed Authority. Such a County -wide tax would be in addition to and would not alter the Chapel Hill hotel /motel tax. The Chapel Hill hotel /motel tax of 3% generates about $280,000 annually. In past years, the Council has allocated $50,000 for visitor information services and support of cultural events. The remainder helps pay for services of General Fund departments, and is equivalent to revenue from about 1.4 cents of the property tax rate. Almost 80% of the hotel rooms in Orange County are in Chapel Hill. ISSUES organization The Visitor Task Force proposal (attached) does not specify whether the proposed authority would be a non - profit private entity; an independent public authority or a part of the County government, or what the specific make -up of an advisory or governing board would be. We believe that the visitor development agency would benefit from being an agency of County government with general administrative and support services available from the County, and suggest this approach. If the County agency approach were pursued, we believe an advisory board composed primarily of visitor and tourism - related businesspeople would be appropriate. In addition, we suggest that the make -up of a board take into account the large percentage of hotel /motel rooms in Chapel Hill. Potential return „on investment in a Visitor Development Authority P As discussed-ir previous reports to the Council, we have looked for an analysis by a non - industry entity of how much municipal revenue might result from the marketing and promotion efforts of a tourism or visitor development agency. we have discussed this issue with Dave Peterson, formerly national director for sports and convention facilities with Laventhol and Horvath, an accounting firm which specialized in hotel and conference- related feasibility studies; Mark Lomanno, also formerly with Laventhol and Horvath; Michael Dunn of the.Greensboro office of Pannell Kerr Forster, an accounting firm which specializes in hotel matters; and Bryan Mihalik, assistant professor of tourism at Georgia State University. None was able to refer us to a report or study of the type we seek. Their key observations included: * A study of local revenue returns on spending -.ar convention and visitor bureaus in other cities may have little meaning for Chapel Hill. (Peterson) * A break -even analysis of the amount of hotel business necessary to recover funding of a convention and visitor bureau is one way to approach this issue. (Peterson) * A study of the type we seek would involve review of tourism related business income before and after establishment of a tourism bureau, and of other factors affecting tourism /visitor business activity. Such a study could be performed by a firm with the specialized data base necessary. (Dunn /Pannell Kerr Forster) * An economic impact multiplier of 2.0 to 2.5 may be reasonable as an indication of the extent to which tourism dollars recirculate in a local economy. (Lomanno) * The economic multiplier for tourism /visitor income is probably 2.0 to 2.1. (Mihalik) In addition, we contacted Robert Gittler of the Planning Department at the University of Illinois at Champaign and received an income multiplier factor of 1.5884 for Orange County as of 1987. This multiplier was calculated from the University's Economic Impact Forecasting System (EIFS), which is used to generate multipliers for each County in the US from data on business types and employment. As previously discussed, we believe a visitor development authority clearly has the potential to recover a Town funding allocation after a start -up period which could be a few years. An 18% increase in hotel /motel room rental income would recover $25,000 annually in Chapel Hill occupancy taxes without considering multiplier effects. Because of sales tax distribution formulas,' we believe most of the w return to-the-Town would be in our occupancy taxes with a limited sales tax revenue increase. In addition, the Orange County Tax Office staff has advised us that two hotels in Chapel Hill each received reductions of about $2 million in their taxable valuation due to reduced income. At the current property tax rate, these valuation reductions reduce Town property tax -svenues by about $25,000 annually. Tax records indicate these valuation reductions occurred in 1990. A future increase in valuation and related property tax revenue from these hotels is therefore a potential benefit from increased visitor /tourism promotion and marketing. The Tax Office staff advised that it assigns valuations to most hotels and motels on the basis of construction costs and land value rather than income. Programs of the groppsed visitor development authority The proposal by the Visitor Task Force includes suggested annual budgets and a list of marketing and promotion programs (pages 5 through 8 of the report) . Generally, the approach is that the authority would serve as an umbrella agency that would supplement the work of the four existing visitor service agencies in Chapel Hill, including the University, and Hillsborough. Examples of programs suggested in the Task Force proposal include a county -wide visitor guide, meeting planners guide, calendar of events, media /marketing kits, video, VIP host program, tour packages, speakers' bureau, signage program and telephone hotlines. We believe these service are logical additions and enhancements to the existing local programs. 10101zEd@rM,M07:1 We suggest the following as a general approach to visitor services issues: 1. We recommend allocating 10% of the Town's hotel /motel tax for a visitor /tourism promotion agency on a performance agreement basis, subject.to annual review by the Council. 2. We believe the agency would benefit from being a County entity with related administrative and support services. 3. We suggest an advisory board for the agency have representation with emphasis on businesspeople with interests and skills related to visitor services, and that the composition of the board take into account the distribution of hotels and motels within the County. 4. We would recommend endorsing a County -wide hotel /motel tax as the primary source of funding for visitor services. orange County development impact tax. BACKGROUND Discussions in 1988 Orange County, Chapel Hill and Carrboro representatives proposed in 1988 that the governments request a local bill for a development impact tax as an alternative to impact fees possible under 1985 and 1987 local bills. The impact tax would be easier to administer than impact fees. Summary of current proposal The Orange County Commissioners are considering making a request for authorization to levy this tax in a proposed impact tax district including Chapel Hill, Carrboro and unincorporated areas of the County. Impact taxes would be allocated to the Towns based on developments in the Towns and their respective extraterritorial and Joint Planning transition areas. The County would retain collection and administration costs. Hillsborough and Mebane could request to be added to the district area subject to the impact tax. Under the draft prepared for the Commissioners' consideration, the Towns could use impact fee revenue for various capital purposes including roads, drainage and police and fire stations. Once effective, the impact tax would preclude establishment of impact fees in Chapel Hill and Carrboro except for water and sewer purposes. The County Commissioners would be the governing board of the impact tax district and would set-the impact tax rates per square foot of dwelling space and enclosed commercial floor space. However, the proposal provides that the Commissioners would consult with the Chapel Hill and Carrboro governing boards in setting the tax rates. This proposal is very similar to that prepared in 1988. The use of a district is intended to make the tax workable if Hillsborough and Mebane choose not to participate. As discussed in 1988, we believe the impact tax is more practical to apply than impact fees, which must be spent with a clear relationship to development from which they are generated. ORANGE COUNTY VISITOR TASK FORCE Chairman's Report December 5, 1990 FORWARD The following programs, interim and long -term funding recommendations, mission statement and budget model are the result of many hours of work by the marketing, research and funding committees of the Orange County Visitor Task Force.since August 1, 1990. These recommendations will best serve the diverse needs of Orange County's visitor industry and provide for enhanced revenues through the broadening of the county tax base. Additionally, these recommendations have taken into consideration the existing staff and budgets of organizations currently providing visitor services. In this respect, this proposal has been designed to enhance, not duplicate, effective ongoing visitor efforts. The primary mission of an Orange County Visitor Development Authority would be to attract additional compatible visitor business and provide an organized, central "voice" for the visitor industry for more cost -efficient and impactful marketing'of the county externally and locally with county organizations and residents. Cooperative marketing of the county's attractions and accommodations and improved internal public relations within the hospitality industry a{e vital to successful economic impact with regard to visitor services. This program will be the basis of a strategic plan for a series of public forums and for formal presentations to elected officials at a county and municipal level. Sharon Finch Chair Orange County Visitor Task Force Mike Fales Chair, Marketing Committee R. Bruce Holsten Chair, Finance Committee Ed Rehkopf Chair, Research Committee CONTENTS 1. INTRODUCTION 2. MISSION 3. OBJECTIVES 4. RELATED VISITOR FACTS 5. RECOMMENDED MARKETING PROGRAMS AND LITERATURE 6. PROPOSED INCOME AND EXPENDITURE STATEMENT 1991 -1993 7. INTERIM ERIM AND i ERIMANENT r I JN DING SOURCES S. SUMMARY AND RECOMMENDATIONS �N:•� 4 • • :1 •: • ! •' D MMJ�aejlp Why Market Orange County to Visitors? A frequently asked question is "Why should we spend money to attract visitors we already have ?" • Area visitors' facilities and services are underutilized. City -wide hotel occupancy in Chapel Hill last year was around 63 %. County -wide the occupancy was 53%. • Visitors are unfamiliar with our area and need information. • Visitors often become repeat visitors if their experience in our communities is positive. People like to go where they are made to feel welcome. • Conference and event planners need help coordinating their visits. Planners appreciate the availability of information and the convenience of a local community's efforts to attract them. They know full well the economic impact of their event on the local economy and they have come to expect professional and efficient response to their queries. Organizations planning conferences and events are no different than people shopping - they want information, value, convenience and service. The community that can provide these gets their business. • Other communities recognize the importance of actively seeking visitor groups and provide a central point of contact to disseminate information and facilitate the planning of events. Our area and economy is often in direct competition with these other communities. • While we have premiere educational, research and medical institutions that are a natural magnet for conferences and visitors, we must remember that other communities have them too. There is often competition for conferences and events. Central dissemination of information and efficient facilitation and coordination of needs, makes a difference when trying to attract groups. Is It Worth the Trouble and Expense? The answer is an emphatic yes. Would Raleigh, Durham, Charlotte and a host of other cities across the country be operating Visitor Services Authorities were it not deemed advantageous? Each dollar spent by a visitor in our communities has a ripple effect throughout the local economy. Primary recipients of visitors' expenditures must themselves pay taxes, support payrolls and buy goods and services for their businesses. To the extent that this "outside" money is churned through the local economy, it provides more sales tax revenues to provide for government services, thereby lessening the pressure to increase property taxes. Doesn't this Idea Benefit Just a Few? This is not a plan to spend tax dollars just to help local hotels. While hotels are obvious recipients of increased visitor traffic, many other businesses also benefit - restaurants, gas stations, retail shops and the host of businesses that supply their needs for goods and services. In Chapel Hill, hotels are subject to a 3% occupancy tax on room revenues, so increases in room business directly impacts on local govern- ments' revenues. Last year, Chapel Hill hotels sold close to 200,000 room nights, generating approxi- mately $250,000 in occupancy tax. For each 1 % increase in hotel occupancy city-wide, an additional $4,730 is raised in occupancy tax revenues. Total hotel sales topped $15,000,000, making the lodging industry one of the largest in the community. What Can We-Do to Attract Visitors? Project a conscious official attitude that we want visitors - that we are willing to extend ourselves to help them and to bring them to our communities. We each can't assume that someone else is doing it We've all got to do it and our community leaders need to stand squarely behind it. Offer gracious hospitality to those who already come. Let's make them feel welcome with an official voice - someone representing our communities who will say 'Thanks for coming ", "How can we help you ? ", and "Please come again ". Provide better service, information and assistance to those who want to come. We need to make it easier for conference and event planners who are trying to bring their business to our communities. Instead of having them burn up the phone lines to many individual providers of visitor facilities and services, give them a central point of contact to facilitate and coordinate the many details of their event. What Will It Cost to Establish a Visitor Development Authority? Based upon the Boulder, CO, example and those of other communities, a new organization could cost approximately 5150,000 in startup for each of the first two years of operation to establish a permanent infrastructure. After startup, it will cost an estimated 5200,000 per year for a full time, permanently funded program with the principal increase being for programs and marketing. These figures could be significantly lowered by "piggybacking" the Visitor Development Authority with existing represent- ational organizations such as the Chapel Hill/Carrboro Chamber of Commerce, the Hillsborough Chamber of Commerce, the Chapel Hill/Carrboro Downtown Commission or the UNC Visitors' Center. Where Will the Money Come From? There are a number of possibilities: • Provide a larger allocation of the current hotel occupancy tax to fund a Visitor Development Authority. • Increase the hotel occupancy tax, with the full increase going to fund a Visitor Development Authority. • institute a prepared meal tax with some or all of it going to fund a Visitor Development Authority. • Set up a sliding scale on either occupancy tax or prepared meal tax where the first so many dollars of tax revenue goes to a Visitor Development Authority and all proceeds above that are split between the Visitor Development Authority and other governmental needs on a percentage basis. • Convince local hotels, restaurants and other interested businesses to contribute matching or seed money for several years to get the program off the ground. All of these alternatives are seen as a way to "prime the pump" - to increase visitor expenditures in our communities - by offering better visitor services. An Orange County Visitor Development Authority would be a county -wide, not -for- profit, umbrella organization formed by local government and the visitor industry to attract and serve visitors to Orange County. It will enhance and promote the social, cultural, and economic benefits of visitors to Orange County, including increased county revenue, new jobs, and a better quality of life. I OBIECMIS • Generate positive awareness of Orange County as a destination for pleasure and business visitors. • Stimulate interest and desire in groups and individuals to visit Orange County. • increase the extent and length of stay of visitors to Orange County. • Provide a liaison between visitors and the facilities, services, events, activities, agencies and organizations that serve and satisfy them. • Develop market research and target descriptions of existing and prospective visitors to guide and measure new marketing activities for the Orange County visitor industry. • Generate positive community awareness of Orange County visitors and provide opportunities for county-wide support and participation. • Provide a vehicle to merge resources from? private business, government agencies, non- profit organizations and individuals into a cohesive, county -wide effort to market Orange County as a visitor destination. 1 RELATED VISITOR FACTS • Chapel Hill dedicates approximately 517,500 or 7% of its hotel -motel occupancy tax to visitor services. The average across the state is 50 -100 %. An average of $250,000 is collected annually from this tax. Where it is directly reinvested in visitor services/ tourism, the economic impact is five dollars generated for every dollar invested. • $7.8 million will be spent in Orange County by the end of July 1991 by visitors for events of the NCHAA and the junior Olympics in track. • If every visitor for home college football games stayed an extra night or spent another S47, it would generate over;S200,000 in occupancy and sales taxes. • Over 35,000 prospective undergraduate and graduate students visit UNC each year. Most duster their visits around several schools in the area and travel with friends and parents. • The Chapel Hill- Carrboro and Hillsborough Chambers of Commerce average 3,000 visitor information requests per month. • There are approximately 1.2 million visitors to Orange County annually generating $72 million in sales revenues. H • Downtov, n merchants credit out -of- towners for over 50% of their business (one merchant credits visitors fdMver 90% of his business - with receipts to prove it!). • The top two reasons retirees travel is natural scenic beauty (63%) and historic sites (52 %). • Vacation travel is more oriented to long weekends than extended vacations and over 50% of inquiries about the Triangle result in actual travel to the area. (This is much higher than the industry average.) • Over 40% of local visitors stay in private homes and visit friends. (The national average is less than 24 %.) • 91 % of the county tax base is residential property taxes. • There are under 1,000 hotel, motel, and bed and breakfast rooms in Orange County. The average occupancy for the past year was 53%. (Every room night has direct impact on restaurants, merchants, and attractions, concerts and sporting events.) • The county, as a whole, currently has an investment of approximately $50,000 in direct visitor services. This includes Chambers of Commerce, the Downtown Commission and the Preservations Societies. • There are currently four primary providers of visitor services: Chapel Hill/Carrboro Chamber of Commerce (5 days a week), Hillsborough Chamber of Commerce /Visitor Center (6 days a week), Chapel Hill /Carrboro Downtown Commission (5 days a week), and the UNC Visitor Center (5 days a week). 4 A permanently funded Orange County Visitor Development Authority would develop programs to: • attract new visitors, as well as • service existing visitors and visitor programs. This will be achieved with existing organization visitor service staff and through newly appointed professional management. The Authority would coordinate existing programs, provide comprehensive and aggressive marketing organization and serve as a central point of contact for visitor service information with a centrally located staff and facility. Its three most critical roles would be: • external marketing, • development of coordinated marketing materials, and • establishing county needs with a single authoritative voice via improved marketing and communications. PROPOSED PROGRAMS AND I.TPERATURE A coordinated marketing program would include: 5.1 County Visitor Guide Including hotels, .vuntry inns, motels, restaurants, a�?ctions, retail outlets, etc. and county map with highlights. 5.2 Meeting Planners Guide With a services directory, meeting space information, usages /inventory of UNC meeting spaces. 5.3 Motorcoach Guide With developed itineraries and packages for Orange County including representation at trade shows to solicit business. 5.4 . Centralized Marketing Facility /Staff Coordinated inventory county-wide, using existing and new staff. One central point of contact for organizers for press conferences, mayor appearances, accommodations, area tours, customized agendas, facilities information, advertising and public relations activities. 5.5 Calendar of Events A monthly or quarterly calendar to serve all county organizations and eliminate the overlap of events, hotel bookings and to spread business over the year for more economic impact and better servicing of visitors. 5.6 5.7 4? 5.9 5.10 5.11 5.12 MembershiRI/Travel Program Pro- atiN,e solicitation of desirable group and association business via membership in key trade groups, such as NC Travel and Tourism Council, Triangle hotel and restaurant associations, NC Association of Convention and Visitor Bureaus (NCACVB), US Association of Convention and Visitor Bureaus, and others. Establishment of a central facility and contact person would facilitate our ability to piggyback state mailings to prospects and participate in cooperative trade show booths and match grant ad and PR funds from the state. It also enables Orange County to be a "player" in the development of compatible business with a resource bank of experienced professionals nation and state wide. PressIMarketing Kit A coordinated and complete marketing kit is necessary for travel writers, meeting organizers and unifying the facts and figures from which the area is "sold" to prospective visitor groups. This is different from the mass produced overall brochure which would be available locally for use by the Chambers, Downtown Commission, UNC Welcome Center, hotels and motels, and state welcome centers. Information Hot - lines: • Hotel Hot -line for ease of booking groups and coordinating efforts. • Visitor Hot -line toll-free number for updated visitor information. • CINET Hot -line national hot -line access for prospects looking to set up meetings and conferences making inquiries through the US Conventions and Visitors Bureau hot -line. Tour Packages Packaging of Christmas historic tours, concerts, Christmas parades, shopping and sightseeing with tour operators and with sponsoring organizations, travel agencies, hotels and airlines. An example is "Christmas in Orange County" theme, booking Orange County rooms with Messiah tickets, PlayMaker's Nutcracker, and local area attractions. NC Travel and Tourism Day October Blitz to Neighboring States Participation in joint marketing activities for the state marketing theme with literature and manpower. Destination Video Used for speaker engagements and group use, featuring county attractions and history to be produced with copies available for purchase by local organization and individuals/ tourists. (This project could be an opportunity for corporate sponsorship.) VIP Host Program and Convention Services Coordination of hosting any dignitaries that require special itinerary, arrangements, airport pick -up, welcome gifts or entertaining in conjunction with special requests from town, UNC, or area organizations. 44andling all arrangements, transport and coordinating details. CO- Crd., v, /,, ) 5.13 Sneakers Bureau Industry professionals available to address civic groups, give media interviews or perform as a spokesperson for the visitor industry. 5.14 Research and Photographic Library On -going inventory updating, usage fees and rules, for all facilities and related services to visitors. 5.15 Editorial Placements PAM Tour Hostin Pro- active inclusion of Orange County area with state and national media and hosting of travel writers via inviting groups to see the county's sites and natural beauty. Solicitation of advertising usage of our area as a backdrop and local homes, attractions, and locales. 5.16 Employee Hospitality TraiWn A training program for hotel concierge desks and key contact sales persons on the history and attractions of the towns and county and a guided tour of the area's key attractions. 5.17 Coordinated County Si na a Pro am Special signage for Visitor Development Authority, Welcome Center, area attractions and special event directional signage. (The single largest complaint from attendees of the Summer Olympic Festival in the Triangle was insufficiently marked venues. With the heavily forested areas, clarity of signage is critical for visitor success.) 5.18 Welcome_Center /Visitor Center Support Program Umbrella program serving existing facilities located in HaLlsborough, downtown Chapel Hill, UNC and the Chapel Hill /Carrboro Chamber of Commerce; funding and human resources woald be dedicated to these facilities. 7 6, Proposed Income and Expenditure Statement 1991 -1993 " This budget assumes permanent funding from fiscal year 1991 - 92. '* This assumes an initial staff of one with an increase to three in fiscal year 1992 -1993. The marketing expenditure totals assume line item allocations based on the program priorities determined by the new Executive Director. 8 1990 -1991 % 1991 -1992 % 1992 -1993 % SUBSIDY * Orange County 20,000 115,000 115,000 Municipalities 17500 501000 50,000 Private _ 12,500 1 _ 550,000 S1.65,000 S165,000 REVENUE Sponsorship 25 000 35,000 550,000 5190,000 5200,000 EXPENSES P r� aonnel (512,500) 25.0 (S80,000) 42.1 (590,000) 45.0 Director (12,500) (38,000) (40,000) ** Admin Assistant(s) - (20,000) (25,000) Benefits - (15,750) (18,750) Furniture & Equip. - (6,250) (6,250) rati ns (S20,000) 40.0 (540,000) 21.1 ($40,000) 20.0 Rent - (10,000) (10,000) Administration (20,000) (10,000) (10,000) Tele 8- CIVET - (51000) (51000) Postage - (6,000) (6:000) Dues - (3,500) (3,500) Auto /Gas - (2,500) (2,500) Supplies - (3,000) (3,000) "" *Marketing ($17,500) 35.0 (S70,000) 36.8 (570,000) 35.0 Guide (s) - (10,000) (101000) Brochure (s) (10,000) (15,000) (10,000) Video (s) - (81000) Media Advertising - (4500) (10,000) Conference (s) - (7,500) (7,500) Welcome Center (s) - (20,000) (25,000) Tour Program (s) (7,500) (5,000) (5,000) Contract Services - (2,500) TOTAL EXPENSES (55o=) ($190=) ($200,000) " This budget assumes permanent funding from fiscal year 1991 - 92. '* This assumes an initial staff of one with an increase to three in fiscal year 1992 -1993. The marketing expenditure totals assume line item allocations based on the program priorities determined by the new Executive Director. 8 11211 M Klal""&FA IN0 01 a am) ZIP3 • The financial recommendations are based on the evaluation of both existing sources of funds and state legislative precedent for new forms of revenue. The various options that are available to Orange County to establish and fund a suitable infrastructure for the provision of visitor services, will be assessed based on the efficiency with which they can be secured and the ability to access existing revenue sources that could be dedicated to a visitor initiative. In this respect, the financial objectives of the authority are: • To utilize the information that is generated from the research and marketing sub - committees, in identifying the most readily achievable source of existing or new funds with which to implement initial programs and infrastructure; • In conjunction with the appropriate government bodies and agencies of Orange County, to provide for the formation of an authority and financial guidelines to administer the funding of a county wide program; • To identify a permanent source of funding to implement the recommended programs on an ongoing basis. At present, there are three identified sources of existing and new funding, which have been discussed and evaluated informally by the Task Force; these being: • Chapel Hill Occupancy Tax (Existing) • County Occupancy Tax (Overlay) • Prepared Food and Beverage Tax (Meals Tax) An Entertainment Tax and Sales and Use Tax were both evaluated and deemed inappropriate or not feasible for either interim or permanent funding at this point in time. 7.1 Existin Occu Rgncy Tax (ChaRtl Hill ® 3% The town of Chapel Hill appropriates approximately 20% of its existing occupancy tax to visitor and cultural activities. If this percentage tax were applied to a visitors initiative at a county level, it would provide a minimum of 550,000 to a dedicated county program that would be responsible for the administration and allocation of the funds to the designated areas. 72 County OccuRmgy -Tax This new county -wide tax, requested as an overlay of up to 3 %, would generate as much as 5345,000 annually. Initially, only 1% would be applied, generating approximately $115,000 per annum for a county program for visitors. There is a legislative precedent for this tax being levied on a county-wide basis (Mecklenberg). . 7.3 Coun Pre ared F d and $every a Tax eals Tax There is only one example of this tax at present, which is in Mecklenberg County, and it is totally dedicated to visitor services and the building of a new convention center. This is a 1% tax levied on all prepared foods and beverages including restaurants, Cafeterias, caterers, bars and delicatessens. The Prepared Meals Tax, if levied in Orange County, would generate the following revenue historically: GROSS RETAIL SALES AND SALES TAX COLLECTIONS IN BUSINESS CLASS OF 306 FOR ORANGE COUNTY FOR SELECTED FISCAL YEARS FISCAL GROSS GROSS PER PER PEAR' COLLECTIONS RETAIL SALES 0.1% 1.00/b 1985 -86 $1, 925 ,661 $69,541,722 $69,541 $695,417 1986 -87 $1; 669 ,648 $61,516,923 $61,516 $615,169 1987 -88 $1, 876 ,078 $66,227,328 $66,227 $662,273 1988 -89 $1. 815 ,537 $65,588,106 $65,588 $655,881 1989 -90 $2, 008 ,740 $69,619,092 $69,619 $696,190 • Fiscal year runs from July 1st through June 30th. Therefore, a 0.5% tax would generate between 5330,000 and 5350,000. These funds would constitute a new source of revenue and, like the Occupancy Tax, would require legislative approval��_ coming General Assembly. This revenue source, if approved, could only be implemented in fiscal year 1992 -1993. In addition, the NC Restaurant Association has identified seven specific criteria that must apply prior to their legislative support for the legislation. The most important of these being a 90% dedication of all revenues generated to an approved visitor services program. Although the concept of imposing any new taxes right now is politically sensitive and problematic, public opinion indicates that any newly identified revenue sources for visitor services should be allocated to a new program. It is the consensus of the Task Force that an educational program be initiated to brief our state, county and municipal officials of the direct benefits attributable to a professionally managed Visitor Development Authority. In addition, the Visitor Development Authority will undertake a minimum of two public forums to evaluate public sentiment regarding a county-wide visitor program and will make contact with the local hotel /motel association and local restauranteurs to build a consensus for any new tax based initiatives. 10 FINFAM161, ' ►1• i • uI I ►1• ' r • A synthesis of the investigation into visitors services in Orange County has led to the following summary and recommendations on the impact of increased visitors on our towns and county. The Task Force has found that the visitor industry is a strong, dean industry which will have an increasing benefit for economic development and growth in Orange County. It is viewed as an important contributor to both increased revenue and employment in the county. It is anticipated that it will develop into one of the principal industries in the county in the next ten years. The Task Force has ascertained that a county-wide visitors program is: • growing and will be good for the county's economy, • of critical importance and needs more attention to professional development, • a sound investment and positive revenue source, and • should be developed according to national industry standards. As an employer, the visitor industry is seen as very important in an establishment of new and better job opportunities. In this respect, the visitor industry is perceived to provide above average wages and should not have a negative impact on the environment or quality of life. County and municipal funding as well as public support should be committed to increasing efforts to promote Orange County as a travel destination. Specifically, funding should be committed to the ­A ...tion of a professionally managed visitors development authority and for county promotional and marketing activities: In addition, the industry should be involved with issues which directly and indirectly impact on itself, its constituents and the citizens of Orange County. The industry should be actively involved in issues of: • environmental quality • economic development • transportation • education • public safety, and • cultural resources. In general, the Task Force believes that the Orange County visitor industry should unify and consolidate its resources and current efforts designed to enlist and encourage support from legislators and the public. Unification and consolidation will not only result in a better return on investment, but it will ensure that a common message is heard by our local and state government officials, as well as visitors to the county. 11 Proposed 1/31/91 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE 01' GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL FACILITIES AND TO CREATE AN ORANGE COUNTY IMPACT TAX DISTRICT AND TO AUTHORIZE THE DISTRICT TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF CAPITAL FACILITIES REQUIRED BY GROWTH THE GENERAL ASSEMBLY OF NORTH CAROLINA ENACTS: Part 1. Definitions. Section 1. The following definitions apply to Parts Z, 3 and 4 of this Act: (1) Commercial building enclosed floor space. All enclosed floor space used for any purpose except: a. Dwelling units and accessory structures to dwelling units. b. Recreational facilities constructed as part of a residential development and used primarily. by residents of the development. C. Buildings owned by the United States, the State of North Carolina, any county or any municipal corporation. d. Buildings owned and operated by non -- profit entities for noncommercial and nonresidential purposes. e. Schools or day care centers. 1 (2) Dl_-Strict. The Orange County Impact Tax District estab- lished by this Act. (3) Dwelling Unit. An enclosure containing sleeping, kitchen, and bathroom facilities desig,,ed for and used or held ready for use as a permanent residence by one family. (4) Land development. a. Land development shall mean: 1. Construction of any dwelling unit (other than one excluded under subsections (b) and (c) of this section) for which a building permit was issued or should have been issued after the effective date of an ordinance adopted under this Act; 2. Construction of any commercial building enclosed floor space for which a building per- mit was issued or should have been issued after the effective date of an ordinance adopted under this Act; 3. Conversion of a building that adds one or more new dwelling units or that creates new commer- cial building enclosed floor space; or 4. The initial location of a manufactured home or other dwelling or commercial structure within Orange County .for the school c _ pital impact tax 2 M or within the District for the District impact tax. b. For purposes of determining the impact of land development for Part 2 of this Act, land development shall not include: 1. Construction of an addition to a dwelling unit; 2. The relocation within the District of any structure located within the District on the effective date of an ordinance adopted pursuant to Part 2 of this Act or any structure with respect to which an impact tax adopted pursuant to Part 2 of this Act has been paid; 3. Within the District, the reconstruction or re- placement of one dwelling unit by another or the replacement or reconstruction of commercial building enclosed floor space that was in existence on the effective date of an ordinance adopted pursuant to Part 2 of this Act or of any such floor space with respect to which an impact tax pursuant to Part .2 of this Act has been paid. C. For purposes of determining the impact of land development for Part 3 of this Act, land development shall not include: 1. Construction of an addition to a dwelling unit; 3 2. The relocation within Orange County of any structure located within the County on the ef- fective date of an ordinance adopted pursuant to Part 3 of this Act or any structure with respect to which an impact tax pursuant to Part 3 of this Act has been paid; 3. Within the County, the reconstruction or re- placement of one dwelling unit by another or the replacemen -. r reconstruction of commercial building enclosed floor space that was in existence on the effective date of an ordinance adopted pursuant to Part 3 of this Act or of any such floor space with respect to which an impact.tax adopted pursuant to Part 3 of this Act has been paid. (5) Person. An individual, partnership, corporation, or other legal entity. (6) Person responsible for the impact of land development. The owner of any dwelling unit or commercial building enclosed floor space on the date an occupancy permit is issued for such dwelling unit or commercial floor space or, if no such permit is issued, the date the dwelling unit or commercial floor space is occupied. Part 2. The Impact Tax District. Section 1. There shall be an Orange County Impact Tax Dis- trict which shall include all of Orange County outside the cor- 4 porate limits -of the Town of Hillsborough, the Town of Mebane, and the City of Durham. Section 2. The District shall be deemed to be a body politic and corporate and authorized and empowered: (1) To adopt an official seal and alter the same at will; (2) To sue and be sued in its own name; (3) To contract and be contracted with; (4) To levy and collect a tax on the impact of land development within the District; (5) And required to keep its accounts on the basis of a fiscal year commencing on the first day of July and en- ding on the thirtieth day of June of the following year. Section 3. The Board of Commissioners of Orange County shall a be the governing body of the District. Section 4. (a.) Except as provided in subsection (b), the governing body of the District may adopt an ordinance levying a tax on the impact of land development within the District (hereinafter referred to as an "impact tax "). Orange County shall, on behalf of the District, provide for the administration, enforcement and collection of the tax. (b) The District may not adopt an ordinance pursuant to this Part if any ordinance adopted pursuant to Section 2 of Chapter 357 of the 1985 Session Laws (Carrboro), Section 1 of Chapter 936 of the 1985 Session Laws (Chapel Hill), or Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws (Orange County) is in effect. �L ydp rd?c;;:.suat; °r 61 follows: (1) Orange County may expend these funds to the extent otherwise authorized by law on capital improvements projects related to libraries, stormwater drainage, open space and recreation, and on emergency and public safety facilities, including jails. (2) The Town of Chapel Hill and the Town of Carrboro may expend these funds on capital improvements related to roads and other transportation systems, stormwatey drainage, open space,and recreation, and police and fir. stations. The funds may be spent by each municipality 6 omly for improvements that are located within the i corporate limits of that municipality or within its extra - territorial planning jurisdiction or transition area(s) as established under a joint planning agreement with Orange County, except that Chapel Hill and Carrboro may by agreement expend funds on joint projects that transcend each other's jurisdictional boundaries, such as road or drainage improvement projects. Section 6. An ordinance adopted under this Part shall provide that: (1) A person responsible for the impact of land development shall pay an impact tax for each square foot of dwelling space and commercial building enclosed floor space for which an occupancy permit is issued or, if no such permit is issued, for each square foot of dwelling space in an occupied dwelling and for each square foot of occupied enclosed floor space in a commercial building. (2) The tax shall be due on or before the date an occupancy permit is initially issued for the dwelling unit or commercial building enclosed floor space in question or, if no such permit is issued, the date such dwelling unit or commercial floor space is initially occupied. However, no tax due shall be considered delinquent until sixty (60) days after the tax becomes due. There shall be added to delinquent taxes interest at the legal rate. !,I 7 (3) Taxes authorized by this Part may be collected pursuant to G.S. 153A -147 or G.S. 160A -207. In addition, taxes authorized by this Part may be recovered in a civil ac- tion in the nature of debt includina an award of reasonable attorney fees as part of costs. Section 7. The governing body of the District, after con- sultation with Orange County, the Town of Carrboro and the Town of Chapel Hill, shall establish annually at the time of the adoption of the annual budget of Orange County the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for the ensuing fiscal year. Different tax rates may be established for different types of commercial construction. Section 8. As soon as reasonably practicable after the close of each quarter of the fiscal year, the District shall distribute to Chapel Hill and Carrboro the net proceeds of the tax received by the District based upon development that has taken place within each respective municipality's corporate limits, extra - territorial planning jurisdiction and transition area(s), as established in joint planning agreements. The remainder of the net proceeds, plus the cost incurred by Orange County in collecting and administering the tax, shall be remitted to Orange County. As used in this Part, the term "net proceeds" means the gross proceeds of the tax less the cost to the county of collection and administering the tax. Section'9. The boundaries of the District may be expanded to include portions of Orange County within the corporate limits of r the Town of-- ILillsborough, the Town of Mebane, or the City of Durham in accordance with the provision- of this section. (a) Upon a favorable vote of the majority of the membership of the governing body of the municipalities listed in this section, the entire area of that municipality that is located within Orange County shall be annexed (the "annexed area ") to the District on the first day of the next quarterly period that follows the month in which the vote took place. (b) Consistent with Section 5 of this Part, if any of the municipalities referenced in this section vote to be in the District, the net proceeds generated by the tax authorized by this Part and distributed to any such r municipality shall be deposited in a capital reserve E improvements fund and may be expended only for the pur- poses authorized in subsection 5 of this Part. (c) When the District is expanded to include an annexed area, the consultation required under Section 7 of this Part shall include consultation with the governing body of the municipality within those corporate limits the annexed area lies. (d) When the District is expanded to include an annexed area, the District shall distribute to the governing body of the municipality within whose corporate limits the annexed area lies the net proceeds of the tax received by the District due to development that has taken place �J F within that municipality's corporate limits, extra- s territorial planning jurisdiction, and transition area(s) as established in joint planning agreements. (e) The governing body of a municipality covered under this section may not vote to become part of the District if an impact fee ordinance authorized under special legis- lation comparable to that listed in Section 4(b) of this Part is in effect within such municipality and may not adopt such an impact fee ordinance applicable to the area within the District while it remains within the District. Section 10. This Part shall apply only to the District created herein. Part 3. The Orange County School Capital Impact Tax. Section 1. (a) Except as provided in subsection (b), Orange County may adopt an ordinance levying a tax on the impact of land development within the County and provide for the administration, enforcement and collection of the tax. 10 ri r P. r�F.:..:.;:: »,,te.;;;;:n�d.; ew:::.;.iti.s,..:.:a e;.unta . :.±....::,:., .:::.::.... ..:y........ 4 Y a pgt a orda.nance . p ;g- ht .to this Section 2. The purpose of the tax authorized by this Part is to generate funds to partially off_:et the cost of constructing new school capital facilities or replacing, expanding or improving existing school capital facilities necessitated in part by new growth within Orange County. Accordingly, the net proceeds generated by the tax authorized by this Part shall be deposited by Orange County in its capital reserve improvements fund or funds established under Part 2 of Article 3 of Chapter 159 of the General Statutes and may be expended, to the extent otherwise authorized by law, only for capital improvements projects related to schools. Section 3. A person responsible for the impact of land development shall pay an impact tax for each square foot of dwelling space and commercial building enclosed floor space for which an occupancy permit is issued or, if no such permit is such issued, for each square foot of dwelling space in an occupied dwelling and for each square foot of occupied enclosed floor space in a commercial building. (2) The tax shall be due on or before the date an occupancy permit is initially issued for the dwelling unit or commercial building enclosed floor space in question or, if no such permit is issued, the date such dwelling unit or commercial floor space is initially occupied. However, no tax due shall be considered delinquent until 11 4 sixty (60) days after tho tax becomes due. There shall be added to delinquent taxes interest at the legal rate. (3) Taxes authorized by this Part may be collected pursuant to G.S. 153A -147 or G.S. 160A -207. In addition, taxeL authorized by this Part may be recovered in a civil ac- tion in the nature of debt including an award of reasonable attorney fees as part of costs. Section 4. Orange County shall establish annually at the time of the adoption of its annual budget the tax rate to be levied per square foot of dwelling space and per square foot of commercial building enclosed floor space for the ensuing fiscal year. Different tax rates may be established for different types of commercial construction. Section 5. As used in this Part, the term "net proceeds" means the gross proceeds of the tax less the cost to the County of collection and administering the tax. Section 6. This Part shall apply only to Orange County. Part 4. Provisions for repeal of other local acts, disclosure requirements and effective date. Section 1. Orange County may repeal c`$''rii an ordinance adopted pursuant to Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws. 8 > ::::: eat:::t >+??: >::;:sre .::.K............. .......... .:::..: :.::::::::::::::::::::::::::::: . °€ Orange County may not adopt an ordinance pursuant to Sections 17 -18.1 of Chapter 460 of the 1987 Session Laws while an ordinance adopted pursuant to this Act is in effect. Chapel Hill may repeal an ordinance adopted pursuant to Section 12 Section 2. Whenever the sale of real property located in Orange County involves new construction, the seller shall prepare and sign, and the buyer shall receive and sign, a disclosure f statement. The disclosure statement shall either be included in a contract of sale or contained in a separate document executed prior to the execution of a sales contract. This disclosure statement shall fully and completely disclose that the owner of the property at the time an occupancy permit is issued for the new construction or, if no occupancy permit is issued, the date the new construction is occupied, may be subject to a tax levied by the County and /or the District on the impact of land development. If a seller fails to make such a disclosure and the buyer suffers injury as a result of the seller's failure to disclose, the seller shall be liable to the buyer to the extent of the buyer's injury. Section 3. This Act is effective upon ratification. 13 I If AGENDA #9 MEMORANDUM TO: Mayor and Council FROM: W. Calvin Horton, Town Manager SUBJECT: Legislative matters DATE: March 4, 1991 Attached for your consideration are resolutions regarding: 1. Request for a local bill authorizing a vehicle license tax of up to $15 per year. 2. The need for a permanent, stable revenue source instead of the present appropriations to reimburse localities for past repeal of some local revenues. 3. State -wide enabling legislation authorizing local option revenues as alternatives to the property tax. 4. Support for continuation of State funding to help offset Town costs of fire protection services to University and University Hospitals properties. 5. The need for a revenue source to support the Triangle Transportation Authority. 6. Support for State -wide legislation to encourage recycling of beverage containers through deposit and refund requirements. 7. A request for a local bill authorizing an entertainment tax. Items 1 through 6 are included in resolution R -3. Resolution R -4 incorporates item 7. BACKGROUND In the January 12th retreat meeting, the Council discussed legislative matters for the 1991 General Assembly session. On January 28th, the Council scheduled a public forum on February 4th on potential local bill requests, and the proposed Orange County Visitor Development Authority. The public forum included the potential request for authorization to increase the vehicle license tax up to a maximum of $20 annually from the present $5; and the proposal for an entertainment tax. On February 22, the Council met with Senator Howard N. Lee and Representative Anne Barnes to discuss legislative matters. The deadline for introducing local bills is April 4th. However, making a requests to the legislative delegation before then would be helpful to the Senators and Representatives whose districts include Chapel Hill areas. DISCUSSION The attached materials provide a general discussion of several legislative matters. Below is a summary of key points. 1. Request for a local bill authorizing a vehicle license tax of up to $15 per year. • Present vehicle- license tax authorization for Chapel Hill is limited to $5. • An increase to $10 would generate an additional $90,000 annually. • Several cities have authorization for.an annual vehicle license tax greater than $5. The city of Charlotte has authorization for a $20 license tax. • I recommend requesting authorization up to a maximum of $15 based on the discussion with representatives of the legislative delegation. 2. Reimbursements for past repeal of local revenue sources including inventory property taxes • The Town now receives about $300,000 in State reimbursement funds. • The Governor has proposed repealing the appropriation of State funds for reimbursements, and authorizing additional local option sales taxes instead. • The NC League of Municipalities supports replacing reimbursements with local option sales taxes distributed so that no locality would receive less than the present reimbursements. 3. State -wide enabling legislation authorizing local option revenues as alternatives to the property tax. • A legislative study commission has proposed and the League has supported state -wide authority for local option real estate transfer, hotel /motel, admissions, prepared meals and payroll taxes. • I recommend supporting State -wide legislation authorizing local option admission taxes such as a 3% tax for entertainment and sports events as a reasonable alternative to the property tax. 4. Continuation of State funding to help offset local costs of fire protection services to State facilities including University and University Hospitals properties. • The Town receives about $300,000 annually in State funds allocated to local fire departments which protect State property. • These funds help offset the Town's costs of protecting the State's facilities, which benefit citizens of North Carolina. 5. Need f(ir a revenue source to support the Triangle Transportation Authority. * Pills authorizing local option County taxes on off - street parking and rental car use are under consideration. * we suggest the Council support the need for a funding source for the authority without specifying a particular type of revenue. 6. Support for State -wide legislation to encourage recycling of beverage containers through deposit and refund requirements. * A few states have enacted this type of legislation. * Increased recycling of glass is needed to meet solid waste management objectives in Chapel Hill as in other cities. 7. Potential request for a local bill authorizing an entertainment tax. * As noted. above, I recommend the Council support State -wide legislation for local option admission taxes. * The attached resolution R -5 would request a local bill authorizing an entertainment tax of $1 for paid tickets to events in facilities with more than 15,000 sets. Recommendation: That the Council adopt the following resolution R -} incorporating items 1 through 6 above. A RESOLUTION REGARDING LEGISLATIVE MATTERS INCLUDING A REQUEST FOR A LOCAL BILL REGARDING MOTOR VEHICLE LICENSE TAXES (91- 3- 4/R -3) BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests the Senators and Representatives representing Chapel Hill areas to introduce and to support: 1. A local bill authorizing a vehicle license tax of up to $15 per year in the Town of Chapel Hill. BE IT FURTHER RESOLVED that the Council authorizes the Town Attorney to prepare a draft bill regarding the requested motor vehicle license tax authorization for transmittal with this resolution. BE IT FURTHER RESOLVED THAT THE COUNCIL requests the legislative delegation to support: 2. The need for a permanent, stable revenue source instead of the present appropriations to reimburse localities for past repeal of some local revenues. 3. State -wide enabling legislation authorizing local option revenues including admissions, real estate transfer, occupancy (hotel /motel), prepared meals and payroll taxes as alternatives to the property tax. 4. Continuation of State funding to help offset local costs of fire protection services to State facilities including University and University Hospitals properties. 5. The need for a revenue source to support the Triangle Transportation Authority. 6. State -wide legislation to encourage recycling of beverage containers through deposit and refund requirements. This the 4th day of March, 1991. n A RESOLUTION REQUESTING A LOCAL BILL AUTHORIZING AN ENTERTAINMENT TAX (91- 3- 4/R -4) BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests the Senators and representing Chapel Hill Representatives areas to introduce and to support a local bill authorizing an entertainment tax of up to $1 per paid ticket for admissions to entertainment and sports events in facilities with 15,000 or more seats in the Town of Chapel Hill, excluding high school events in such facilities. This the 4th day of March, 1991. . MEMORANDUM TO: Mayor and Council FROM: W. Calvin Horton, Town Manager SUBJECT: Meeting on February 22nd with Legislators DATE: February 21, 1991 Below is background information and a summary of suggested items for discussion with the legislative delegation in the breakfast meeting at 7 :30 am Friday at the Carolina Inn Ballroom, Section C. SUMMARY Suggested items for discussion with legislators include: * Need for a permanent, stable revenue source in lieu of State reimbursements for past repeal of some local revenue sources. * Alternatives to the property tax through State -wide authorization of local option payroll, hotel /motel, admissions, real estate transfer and prepared meals taxes as proposed by a legislative study commission. * Requesting a local bill authorizing higher motor vehicle license fees, which are now limited to $5. An increase to $10 would generate about $90,000, which equals revenue from slightly more than 1/2 of one cent of the property tax rate. * Orange County Development Impact Tax. * Need for continued State funding support for Town fire protection Of the University and University Hospitals properties. The Town now receives about $300,000, the equivalent of revenue from a cents of the property tax rate. bout 2 Additional information and topics are discussed below. BACKGROUND The deadline for introducing local bills is April 4th. As a follow - up to the Council's public forum on February 4th and the discussion with legislators, we plan to make recommendations for consideration in the March 25 Council meeting. Information from the NC League of Municipalities regarding likely issues in this year's General Assembly session are attached. KEY ISSUES I. Permanent revenue source in lieu of certain State reimbursements for past repeal of local revenue sources. r An appropriations bill has been introduced to eliminate State reimbursements to localities for the past repeal of business inventory property taxes, some intangibles taxes, food stamp sales taxes and for the "homestead" property tax exemption of low- income elderly and disabled citizens. The Governor has supported replacing these reimbursements with a 1/2 % sales tax. The League supports the additional sales tax as a more stable and permanent revenue source in lieu of the reimbursements. The League strongly supports allocation of such additional sales taxes so that each locality will receive no net reduction. The Town receives about $300,000 annually in State reimbursements under current formulas. This amount equals revenue from about 2 cents of the property tax rate. Without the reimbursements, a replacement funding source will be very important in addressing our 1991 -92 budget. 2. Alternatives to the property tax. The League is supporting a legislative study commission's proposal for State -wide enabling legislation for local option payroll, hotel /motel, real estate transfer, admissions and prepared meals taxes. I recommend supporting State -wide authorization for these local option revenues. The General Assembly's actions and the local legislative delegation's support for new revenue sources such as our occupancy tax have been a very important in helping the Town have stable tax rates for several years. 3. vehicle license fee In the January retreat meeting, the Council discussed seeking authorization to increase vehicle license fees, which are now $5. An increase from $5 to $10 would generate about $90,000 annually or the equivalent of slightly more than 1/2 of. one cent of the property tax rate. I recommend the Council request authorization for a maximum vehicle license fee of $20 per year. A recently introduced bill would provide for more efficient and equitable property taxation of vehicles by requiring the Division of. Motor vehicles to provide timely vehicle registration information to County Tax Offices. 4. Continued State funding for Town fire protection services to the University and University Hospitals. The Town now receives $296,000 annually from the State, which is equivalent to almost 2 cents of the property tax rate. The legislators have been sensitive'to the importance of this funding T to the Towd_and supported us when there were Proosals to this funding to offset our costs of protecting State property. 5. Admissions tax A citizen has suggested an entertainment tax of $1 per ticket events in large facilities. If authorized by the legislature, a for Per ticket tax could generate more than $600,000 annually. An admissions tax on a percentage basis might apply more broadly to entertainment and sports events. In addition to supporting the League of Municipalities' on the need for State -wide enabling legislation, the Council osition wish to work toward authorization of an admissions tax through a local bill. 6. Proposed hotel /motel tax for Orange County visitor Development Authority. The Council may wish to indicate there will be a meeting and discussion with the County Commissioners before the Council takes action on this proposal. We plan to make recommendations to you on March 25th. 7. Development impact tax. Orange County, Chapel Hill and Carrboro representatives proposed in 1988 that the governments request a local bill for a development impact tax as an alternative to impact fees possible under a 1985 and 1987 local bills. The impact tax would be easier to administer than impact fees. The Orange County Commissioners are considering making a request for authorization to levy this tax in a ro district including Chapel Hill, Carrboro and unincorporated areas of the County. Impact taxes would be allocated to the Towns based on developments in the Towns and their respective extraterritorial and Joint Planning transition areas. Hillsborough and Mebane could request to be added to the district area subject to the impact tax. Under the draft prepared for the commissioners' consideration, the Towns could use impact fee revenue for various capital purposes including roads, drainage and police and fire stations. I recommend the Council discuss this matter with the Board of County Commissioners before taking action. We will provide additional analysis and recommendations at a later date. 8. Revenue- -mDurce(s) for the Triangle Transportation Authority. Representatives of the Authority would seek the Town's support of tax on rental cars. 9. Annexation statutes. a have indicated in January they revenue authorizations such as a The' League staff is concerned that there may be bills introduced to restrict annexation initiated by cities and towns. The League would oppose such a proposal. Y believe annexation is appropriate and equitable for areas which have become urban or are in the process of becoming urban. The value of property just outside a city or town tends to reflect the amenities including public services in an urban area. 1 Approved April 1, 1991 SPECIAL MEETING ORANGE COUNTY BOARD OF COMMISSIONERS MARCH 5, 1991 7:30 P.M. The Orange County Board of Commissioners met in Special Session on Tuesday, March 5, 1991 at 7:30 p.m. for the purpose of going into Executive Session to discuss personnel. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice- - Chair Stephen Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. STAFF PRESENT: Clerk to the Board Beverly A. Blythe. EXECUTIVE SESSION Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to go into Executive Session to discuss personnel. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to adjourn the Executive Session and to reconvene into Special Session. VOTE: UNANIMOUS ADJOURNMENT Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to adjourn the meeting. The next regular meeting of the Board will be held on March 20, 1991 at 7:30 p.m. in the Board Room at Lincoln Center, Chapel Hill, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk