HomeMy WebLinkAboutAgenda - 08-16-2005-9aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 16, 2005
Action Agenda
Item No. 9-p
SUBJECT: Possible Referendum on Orange County Schools District or Countywide
Supplemental School Tax
DEPARTMENT: Manager/Attorney/Budget PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
^ Questions and Answers (O&A)
Regarding Possible Orange County INFORMATION CONTACT:
Schools or Countywide Supplemental John Link or Rod Visser, ext 2300
School Tax (Attachment 1) Geof Gledhill, 732-2196
Statistical Data and Charts Donna Dean, ext 2151
(Attachments 2-6) TELEPHONE NUMBERS:
^ Information from County Attorney Hillsborough 732-8181
Regarding Legal Questions and Chapel Hill 968-4501
Referendum Process (Attachment 7) Durham 688-7331
^ 6/23/05 Supplemental School Tax Mebane 336-227-2031
Agenda Materials (Attachment 8)
(Under Separate Cover)
PURPOSE: To determine whether or not to conduct a November 8, 2005 referendum
implementing either an Orange County Schools (OCS) supplemental district tax or a countywide
supplemental schools tax.
BACKGROUND: During regular meetings on June 7, 2005 and June 23, 2005, County
Commissioners discussed the possibility of calling a referendum during the scheduled
November 8, 2005 election regarding the implementation of either a supplemental school tax
applicable within the Orange County Schools district, or a countywide supplemental schools tax.
The Board reviewed and discussed the content of a letter prepared by the County Attorney
outlining the major considerations associated with supplemental school tax referenda. The
Board also was informed that in light of the BOCC meeting schedule, if one referendum or the
other were to be scheduled for November 8, the BOCC would have to make that determination
at this August 16 meeting. That timing would ensure that all legal and practical deadlines far
arranging and conducting the voting could be met. Background materials from the June 23
BOCC meeting are provided under separate cover as reference materials.
During the June 23 deliberations, the Board determined that it wanted the Attorney and staff to
bring back proposed ballot language for both an OCS only district tax and for a countywide
supplemental school tax. There was discussion that an OCS district tax might be capped at 10
cents per $100 valuation, and that a countywide supplemental tax might be capped at 35 cents
(the current cap on the existing Chapel Hill-Carrboro City Schools district tax), but the Board
ultimately determined that the draft ballot language should not include a specific figure, with the
BOCC presumably to determine on August 16 what figure would be inserted for inclusion on
2
any November 8 ballot, The Attorney has drafted sample ballot language for both possible
referenda, and that information is included as Attachment 7 of this abstract,
The Board also requested that staff respond to any requests for supplemental information that
Commissioners provided to the Manager by August 1. Staff have compiled the accompanying
"Q&A" list that restates questions posed by Commissioners with staff answers to each of those
questions. The Q&A sheet was prepared with the assumption that if the Board decides to
conduct one supplemental school tax referendum or the other, the information developed will
become the basis for a set of "Frequently Asked Questions" (FAQ) that would be helpful as
educational material to prospective voters,
FINANCIAL IMPACT: There is no direct financial impact associated with discussing this item,
If the Board determines that it wishes to hold a referendum on school supplemental taxes on
November 8, the Board will need to consider an appropriation from contingency funds of
$12,000 - $15,000 to cover costs (e.g, printing ballots, precinct expenses for precincts that
otherwise would not be involved in the November 2005 election, etc) not included in the 2005-
06 Board of Elections departmental budget
RECOMMENDATION(S): The Manager recommends that the Board determine whether it
wishes to conduct a November 8 referendum on school supplemental taxes, and provide
appropriate direction to the Manager, staff, Attorney, and Board of Elections (if applicable).
Updated 8!12/05
Attachment 1. Questions and Answers Regarding
Possible Orange County Schoals or Countywide Supplemental School Tax
For August 16, 2005 Board of County Commissioners Meeting
A) Funding
1) How much money would each penny on an OCS district tax generate?
It is projected that one cent on an OCS district tax would generate $427,136
for fiscal year 2006-07. Attachment 4 of this agenda abstract, "Projected
Amount of Money Generated by Hypothetical Orange County Schools
Special District Tax" offers afen-year projection of how much money
would be anticipated from an OCS district tax.
2) Haw much money would each penny on a Countywide supplemental tax
generate?
It is projected that one cent on a Countywide supplemental tax would
generate about $1,218,300 for fiscal year 2006-07. Attachment 3b of this
agenda abstract "Projected Amount of Money Generated by a Hypothetical
Countywide Supplemental District Tax" offers afen-year projection of how
much money would be anticipated from a Countywide supplemental district
tax.
3) Based on the fiscal year 2Q05-06 budget, how much money is expected from each
penny on the current CHCCS district tax produce?
It is projected that one cent on the CHCCS district tax will produce
$761,893 for the current 2005-06 fiscal year. For fiscal year 2006-07, one
cent is projected to generate $791,156. Attachment 3b of this agenda
abstract "Prajected Amount of Money Generated by a Hypothetical
Countywide Supplemental District Tax" offers aten-year projection of how
much money would be anticipated from the CHCCS supplemental district
tax.
4) How would funding produced by a countywide supplemental district tax be
allocated between the two school systems?
Funding produced vy a Countywide supplemental district tax would be
allocated to each district based on a per pupil basis,
5) Based on estimated student populations, how much funding would be generated
for OCS and for CHCCS from each penny on a Countywide supplemental tax?
For fiscal year 2006-07, it is estimated that each penny on a Countywide
supplemental district tax would produce $472,026 for OCS and $746,267 for
Page T of 6
updated 8112/05
CHCCS. Attachment 3c of #his agenda abstract offers additional details
related to this topic including aten-year projection of revenues.
6) How much per pupil funding would an OCS district tax generate for that system?
For fiscal year 2006-07, it is projected that each penny on an OCS district
fax would generate $427,136. Based on the most recent Schools Adequate
Public Facilities Ordinance (SAPFO) student membership projections for
school year 2006-07, it is estimated that per pupil funding would equate to
$60 for each of the anticipated 7,120 OCS students. Attachment 4 of this
agenda abstract offers additional details related to this topic.
7) How much per pupil funding does the CHCCS district tax generate for that
system?
For the current 2005-06 fiscal year, one penny is estimated to generate
$761,893 or $70 per student for the projected 10,863 CHCCS students.
When that amount is multiplied by the 2005-06 approved CHGGS district tax
rate of 18.34 cents, it is projected that revenue generated by the CHCCS
district tax would be approximately $13.973 million or $1,286 per student.
As a point of comparison with question 6 above, for fiscal year 2006-07, it
is projected that each penny on the CHCCS district tax would generate
$791,156 or approximately $70 for each of the anticipated 11,256 CHCCS
students.
8) How much per pupil funding would be generated by the QGS share of a
countywide supplemental district tax?
For fiscal year 2006-07, the OCS projected share of one cent on a
countywide supplemental district tax would equate to $472,026. When
applied to the projected 2006-07-student membership of 7,120, the amount
per pupil would be approximately $66 per student. Attachment 3c of this
agenda abstract offers afen-year projection of the countywide property tax
estimates,
9) Haw much per pupil funding would be generated by the GHCGS share of a
countywide supplemental district tax?
For fiscal year 2006-07, the CHCCS projected share of one cent on a
countywide supplemental district tax would equate to $746,267. When
applied fo the projected 2006-07-student membership of 11,256, the amount
per pupil would be approximately $66 per student. Attachment 3c of this
agenda abstract offers aten-year projection of the countywide property tax
estimates.
Page 2 of 6
Updated 8112105
10) If a Cotntywide supplemental tax were implemented and the existing CHCCS
district tax "zeroed out", at what rate would the Countywide tax need to be set to
generate the same per pupil proceeds for both OCS and CHCCS that CHCCS
now receives from its own district tax?
Attachments 5a through 5c of this agenda package offer three scenarios
for implementing a Countywide supplemental districf tax and "zeroing out"
the CHCCS district tax. The scenarios in this package include ones that
would phase out the CHCCS district tax over a ?0, 5 and 3 year period.
B) Property Tax Base and Assessed Valuation
1 1) What is the total value of the Countywide property tax base?
For the current 2005-06 fiscal year, the budgeted assessed valuation
(including real property, registered motor vehicles, utilities, personal
property and Homestead exemptions) totals $11,971,739,397. The
projected assessed valuation for fiscal year 2006-07 totals $12.3 million.
Attachment 3a of this agenda item offers aten-year projection of the
County's assessed valuation.
12) What is the total value of the property tax base in the OCS district?
For fiscal year 2005-06, the budgeted assessed valuation for the property
located outside of the CHCCS District Tax boundary (including real
property, registered motor vehicles, utilities, personal property and
Homestead exemptions) totals $4,197,322,906. The projected assessed
valuation for fiscal year 2006-07 totals $4,323,242,593. Attachment 3a of
this agenda item offers aten-year projection of the County and each
District's assessed valuation.
13) What is the total value of the property tax base in the CHCCS district?
For fiscal year 2005-06, the budgeted assessed valuation for the property
located within the CHCCS District Tax boundary (including real property,
registered motor vehicles, utilities, personal property and Homestead
exemptions) Totals $7,774,416,491. The projected assessed valuation for
fiscal year 2006-07 totals $8,007,648,986. Attachment 3a of this agenda
item offers aten-year projection of the County and each District's assessed
valuation.
Page 3 of 6
Updated 8/12/05
14) What percentage of the countywide property tax base is located within the CHCCS
Special District Tax boundaries?
64.9% of the County's total valuation is located within the CNCGS Special
District Tax boundaries.
15) What percentage of the Countywide property tax base is located outside of the
CHCCS Special District Tax boundaries?
35.1 % of the County's total valuation is located outside the CHCCS Special
District Tax boundaries.
16) What percentage of the CHCCS district property tax base is non-
residential/commercial?
Based on the 2005-06 fiscal year approved budget, 15.8% of the CHCCS
real property valuation is classified as non-residential.
17) What percentage of the OCS district property tax base is non-
residential/commercial?
Based on the 2005-06 fiscal year approved budget, 10.4% of the OCS real
property valuation is classified as non-residential.
18) What percentage of the countywide property tax base is non-
residential/commercial?
Based on the 2005-06 fiscal year approved budget, 14% of fhe countywide
real property valuation is classified as non-residential.
19) What percentage of the CHCCS district property tax base is in the use value
program?
Based on statistics provided by the Orange County Geographic Information
System/Land Records Department, 15% of the total acreage located within
fhe CHCCS district is included in the use value program.
20) What percentage of the OCS district property tax base is in the use value
program?
Based on stafistics provided by the Orange County Geographic Information
System/Land Records Department, 46.4% of the total acreage located
within the OCS district is included in the use value program.
Page 4 of 6
Updated 8112105
21) What percentage of the countywide property tax base is in the use value program?
Based on statistics provided by the Orange County Geographic Information
System/Land Records Department, 41.5% of the total acreage in Orange
County is in the use value program.
C) Demographic and Other Statistical Information
22) What percentage of residents in the County has children enrolled in public
schools?
Currently being researched by staff -will be answered at the August 16,
2005 Commissioners meeting.
23) What percentage of residents in the OCS district has children enrolled in public
schools?
Currently being researched by staff -will be answered at the August 16,
2005 Commissioners meeting.
24) What percentage of residents in the CHCCS district has children enrolled in public
schools?
Currently being researched by sfaff -will be answered at the August 16,
2005 Commissioners meeting.
25) What is the average income of residents in Orange County?
According to sfatistics compiled by the Orange County Economic
Development Commission, median household income in Orange County in
1999 (the last year these numbers were updated) was $42,372.
26) What is the average income of residents in the OCS district?
According to statistics compiled by the Orange County Economic
Development Commission, median household income in fhe OCS District
in 1999 (fhe lasf year these numbers were updated) ranged from a low of
$39,904 in the Cheeks 'Township to a high of $56,176 in the Little River
Township.
27) What is the average income of residents in the CHCCS district?
According to statisfics compiled by the Orange County Economic
Development Commission, median household income in the CHCCS
District in 1999 (the last year these numbers were updated) was $40,852. It
is also noted that a portion of the lower median household income in this
Page 5 of 6
Updated 8/12105
are is probably attributable to the large number of college students
residing in the district.
28) What percentage of the CHCCS local budget is funded by its district tax?
The Commissioners approved a local budget for CHCCS that totaled
$44,346,081. Of that amount, $13,973,114 (or 31.5%) is projected fo be
funded with proceeds from the CHCCS district tax.
29) Provide aside-by-side comparison of significant statistics related to the CHCCS
and OCS districts (e g number of students, number of residents, tax base, number
of voters, etc)
To be provided at or before the August 16, 2005 BOCC meeting.
[)) Legal Questions and Referendum Process
Information related to legal questions and the referendum process (questions 32
through 42) are addressed in Attachment 7 as provided by the County Attorney
and in Attachment 8 (under separate cover). The Board may wish to discuss
Question 43 at the August 16, 2005 meeting.
32) Can supplemental taxes be used for operating expenses, capital expenses, or
both?
33) What are the statutory provisions regarding the maximum tax rates for
supplemental school taxes?
34) What are the existing stipulations regarding the tax rate cap and use of proceeds
for the CHCCS district tax?
35) What options exist under North Carolina law for the establishment of supplemental
school taxes?
36) Is it permissible for a supplemental tax to be implemented with a "sunset"
provision?
37) What ballot language would appear for a referendum to create an OCS district
tax?
38) What ballot language would appear for a referendum to create a countywide
supplemental tax?
39) What is the process and timeline for a November 2005 referendum?
40) For the referendum ballot language, what are the pros and cons of a cap equal to
35 cents for an OCS district tax or a countywide supplemental tax?
41) For the referendum ballot language, what are the pros and cons of a cap equal to
10 cents for an OCS district tax or a countywide supplemental tax?
42) Has there been an OCS district tax proposal made by ctarrent or former OCS
School Board member(s), and did it contain a cap of '10 cents or some other
amount? If so, what was the proposal and what were the reasons for a cap of 10
cents or some other amount?
43) If staff has a recommended cap, what is the amount of the cap and what are the
pros and cons of that amount for an OCS district tax or a countywide supplemental
tax?
Page 6 of 6
ssible Referendum on
upplemental School T'ax
Agenda Abstract Attachments 2 through 6
Statistical Data and Charts
August 16, 2005
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Attachment 6. Funding for Hypothetical Countywide Supplemental
Property Tax to Replace CHCCS District Tax Effective July 1, 2005
useu m i.a~cwauuns:
t) March 2005 North Carolina Department of Public Instruction (NCDPI) Certified Average Daily Membership
projections for fscal year 2005-06 plus projected charter school students for school year 2005-06
2) Per pupil funding reflects the amount approved by the Board of County Commissioners for fiscal year
Assumes proceeds from the CHCCS Special District Tax would be eliminated for fiscal year 2005-06 and
laced through equal per pupil (for CHCCS and OCS students) funding generated by additional Countywide
Student Membership Projections for School Year 2005-D6
CHCCS ~ ~~~-~-~~-10,863
OCS 7,013
o a om me u en
Membership
17,876
Approved Per Pupil Fundincl for Fiscal Year 2065.06
General Fund (Total Approved
Current Expense = $49,981,296] $2,796
pecia is nc o a
Projected Collections =
$13, 973,1 f 4) $1,286
Mathematical Calculation of the Amount of Funding Required to Replace CtiGCS
District Tax with A Countywide Supplemental Property Tax Effective July 1, 2005
Step 1 -Calculation of Funding Required to Replace CHCCS District Tax with a Countywide
Supplemental Property Tax. Multiply: Per Pupil Funding Projected from CHCCS Special District Tax during
fiscal year 2005-06 by Total Projected Student Membership for School Year 2005-06
Fiscal Year 2005-06 Per Pupil Funding Projected
from CHCCS Special District Tax
$1,286
Multiply: Fiscal Year 2005-06 Per Pupil Funding by
Total Projected Student Membership for School Year
2005-06 i~~ X 17,876
Equals: Total General Fund Increase Required to
Provide Equal Per Pupil Funding for CHCCS and
OCS Students With Countywide Supplemental
Property Tax = $22,993,960
Step 2 -Calculation of Projected Tax Rate Impact to Replace CHCCS District Tax with Countywide
Supplemental Property Tax, Divide: Total Amount of Funding (From Step 1 above) by Projected Amount
from One Cent on Countywide Property Tax for Fiscal Year 2005-06
Total Amount of Additional Funding Required from a
Countywide Supplemental Tax to Provide Equai Per
Puoil Fundinc for CHCCS and OCS Students $22,993,960
t Amount Generated by One Cent on
ide Prooertv Tax for Fiscal Year 2005-06
t87
Projected Tax Rate Increase to Replace
District Tax with Countywide Supplemental
19,4 cents per $100 of assessed
valuation
~~-~
LAW OFFICES
COLEMAN, GLEDHIL.L, HARGRAVE &. PEEK
A PROFESSIONAL CORPOIU1ilON
129E TRl'ON STREET
i' O URAWGR 1587
IiiL LSBOliOUGhi.NOBTH CAROLINA .7?78
919-772-21)6
FA\ 9N).d 72.7997
wwm cgxndh a>m
August 11, X005
Moses Carey, Jr „ Chair
Valerie P, Foushee
Alice M, Gordon
Stephen Halkiotis
Barry Jacobs
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27?78
PS: School Supplemental Ta:c
fear Board members:
FROM l'I1E UGSf; OF
GEOFFREY G OLE•UHILL
C-MAIf,: u,~nlGey¢InILiIICq~al;nnJL.ann
Enclo:>ed are two sample ballots for your consideration as
the Board considers whei:her or not to call for an election on a
supplemental school tax, either within the Orange County
administrative- unit or coimtv~~7i,de. The exact form of the ballot
will not be known until it is approved by the State Board of
Elections. However, in substarxce, the ballot wi,11 7.ook like
either of. the enclosed. The ballots, as drafted, would give the
Boards of Education maximum fleaibilit.j in using the tai:
proceeds.
It is and has been my recommendation that if the Board
chooses to call an election on a supplemental school tar, that it
choose between these two balloted initiatives to avoid confusion
among the voters that voting on both would likely cause. It is
legally possible to place both of these initiatives on the
ballot since each would be voted on by a discreet group of
voters, In the case of a countywide supplemental tax, all Orange
County registered voters would be eligible to vote, In the case
of an Orange County district supplemental tax, only Orange
County school district/administrative unit registered voters
would be eligible to vote, However, I think there is a real
Orange County Board of Commissioners
Page 2
Pugust 11, 2005
chance of confusion if. some voters have an option cf voting on
both of these initiatives.
Two ether points previously made are worth repeating.. The
first is that a voter approved countywide supplemental. tax will
be distributed to the schools in the same manner that current
exec-nse County appropriated funds are distributed, that is "per
pupil." This is true regardless of whether the schools intend to
use the tax proceeds for current expense, capital, or both. The
second is that the Board of Commissioners cannot. set the
supplemental tax rate higher' than that requested, in the case of
an Orange County district supplemental tax, by the Orange County
Board of Education, and in the case of a countywide supplemental
tax, by the lower of the requests of the Chapel Hill-Carrboro
City Board of Education and the Orange County Board of
Education.
T-~ARGRAVE & PEEK, P.C'.
GEG/lsg
Enclosures
xc: John M. Link, Jr.
Carolyn Thomas
1sg:letters\bdofcom dietricC ta... ltr
Very truly yours,
nnT.~~,ra TT !'_T. A'TILTT T.T.
OFFICIAL. BALLOT
SPECIAL REFERENDt1M
ORANGE COUNTY, NORTH CAROLINA
INSTRUCTIONS TO VOTER
a. To vote FOR the tax, complete the arrow pointing to the word "FOR."
To vote AGAINST the tax, complete the arrow pointing to the word "AGAINST."
c. If you tear, deface or wrongly marls this ballot, return it and get another..
A local tax to be levied and collected on all of the taxable property within Orange County at a
rate not to exceed [maximum =sixty cents (5.60)] per One Hundred Dollars ($100) ofproperty
valuation to be used to supplement the fiords from State and county allotments to the Orange
County School Administrative Unit and the Chapel Hill-Carrboro School Administrative Unit
and thereby to operate schools of a higher standard.
FOR F
AGAINST <-
]sg: F:\Lisa\orangecounty\OFFICIAL, BALLOT oc.doc
OFFICIAL, BALLOT
SPECIAL, REFERENDUM
ORANGE COUNTY
ADMINISTRATIVE SCHOOL, DISTRICT,
ORANGE COUNTY, NORTH CAROLINA
INSTRUCTIONS TO VOTER
a. To vote FOR the tax, complete the an-ow pointing to the word "FOR."
To vote AGAINST the tax, complete the arrow pointing to the word "AGAINST."
c. If you tear, deface or wrongly marls this ballot, return it and get another.
A local tax to be levied and collected on all of the taxable property within the Orange County
School District at a rate not to exceed maximum = tifty cents ($.501] per One Hundred Dollars
(S 100) of property valuation to be used to supplement the funds from State anc] county
allotments to the Orange County School Administrative Unit and thereby operate schools of a
higher standard..
FOR <-
AGAINST F
Isg: F:\L,isa\orangecounty\OFFICIAL, BALLOT oc school dist.doc
ORANGE COUNTY ~ O p~
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 23, 2005
Action Agenda
Item No. ~~_
SUBJECT: Initial Report on Orange County Schools District Tax/Countywide Schools Tax
Referendum
DEPARTMENT: Manager/Attorney/Elections PUBLIC HEARING: (YIN) No
ATTACHMENT(S):
6/21/05 CauntyAttorney Letter
w/attachments
6/15/05 Elections Director Memo
6/17/05 OCS District Tax Questions
INFORMATION CONTACT:
Rod Visser, ext 2300
Geof Gledhill, 732-2196
Carolyn Thomas, ext 2350
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To receive a report on issues related to possible referenda on an Orange County
Schools (OCS) supplemental district tax or a countywide supplemental schools tax,
BACKGROUND: During the regular meeting on June 7, 2005, County Commissioners
discussed the possibility of calling a referendum during the scheduled November 8, 2005
election on the implementation of either a supplemental school tax applicable within the Orange
Gaunty Schools district, or a countywide supplemental schools tax. The Board asked the
Manager, Attorney, and staff to return before the summer hiatus with a preliminary report on the
timing, authority, and other parameters that would be associated with pursuing one referendum
or the other, The County Attorney has prepared a letter outlining the major considerations
associated with supplemental school tax referenda. That letter, along with previous relevant
correspondence between the Attorney and BOCC, is attached as background information,
With regard to timing of specific actions related to a possible November 8 referendum, the
attached memo from the Director of Elections indicates that ballot language would need to be
received by the Board of Elections no later than September 1 to provide adequate lead time far
ballots to be printed and distributed so they are available within statutorily specified timeframes.
In light of the BOCC's established 2005 meeting schedule, the Board must take, at its August
16, 2005 regular meeting, whatever action it intends to take regarding calling a November 8
referendum, If the Board indicates on June 23 its inclination to hold one referendum or the
other, staff will develop draft ballot language for the BOCC to review at its August 16 meeting,
Staff and the Attorney would take the time between August 16 and September 1 to carry out
whatever legal review and administrative steps might be needed so that ballot language could
be provided to the Board of Elections an or before September 1, 2005.
The County Manager has received communication from OCS Board of Education member
Elizabeth Brown posing a range of pertinent questions about district tax issues. The Manager
believes that it is important for the BOCC to identify by August 1, 2005 all questions or
additional topics that the Board wants researched for the Board's deliberations at the August 16
meeting. That should provide adequate preparation time for staff to develop responses to any
such additional Commissioner questions.
FINANCIAL IMPACT: There is no direct financial impact associated with receiving and
discussing this report.
RECOMMENDATION(S): The Manager recommends that the Board receive the report and
provide appropriate direction tc the Manager, Attorney, and staff.
LA\Y/ OFFICES
COLEMAN, GLEDHILL, HARGRAVE &. PEEK
APRUFEStiIONAL CORPORATION
1?9 E TAYUN STREET
P O. DRANER li?9
IiiLLJ"60ROUGH. NORTFI CAROLINA ? i'_ i8
UI9-ii?-p96
F.4X ~71H-7 ib~iP97
nu,c c~midh wm
June 21, 2005
Moses Carer, Jr,, Chair
tialerie P. Foushee
Alice M. Gordon
Stephen Halkiotis
Barry Jacobs
Orange County Board
Post Office Box 8181
Hillsborough, North
of Commissioners
Carolina. 27278
3
FROM THE DESK OF
GEOFFREY E. GLEDHILL
EMAI L: _anPrcvf;IcJhillglnu:mdh cool
RE: Orange County Administrative Unit, Special Tax
District; Orange County-wide, Special Tax District
D=ar Eoard Members:
This letter answers school supplemental tax referendum
related questicns intended to help the Board in its discussion
on June 23, 2005, It provides, in a numbered bulleted format,
pertinent provisions of North Carolina law that would pertain if
there were a county commissioner initiated election for a
supplemental tax for the Orange County school district or for
the entire County, All of what is described below is in the
general law, By special or local act any number of modifications
or variations to the general la~,v are possible, Also, I have
written to the Board several times in the past about
supplemental school tax elections. A copy of each of my prior
letters accompanies this letter.
1. A voter approved supplemental tax for school purposes
is for the purpose of "supplement[ing] the funds from State and
county allotments and thereby operat[ing] schools of a higher
standard by supplementing any item of expenditure in the school
budget...," N.C. Gen. Stat. § 1150-501.
2. An Orange County School District tax for supplementing
the public school budget cannot exceed 50¢ on each $100.00 of
4-
Orange County Board of Commissioners
Page 2
June 21, 2005
oroperty value, (The Orange County School District is a school
administrative unitjdistrict having a total pcpulation of less
than 100,000.) P_ County-wide supplemental tax cannel exceed 604
on each $100.00 of property value, (The County as a whole is an
"other school area" having a total population of 100,000 or
more,) N,C, Gen, Stat. § 1150-502,
3. The tax is effective the ne;ct fiscal year following
the election. N.C, Gen. Slat. § 115C-508.
a, The board of county commissioners calls the election
and fixes the date of the election. N,C, Gen. Stat. § 1150-501;
§ 115C-506. County staff has determir_ed, with the help of the
Orange County Board of Elections Director, that August lo, 2005
is the latest date an election can be called in time for a
DTovember 8, 2005 referendum, That information is pro•rided as
another attachment to the agenda item abstract for your
consideration,
S. The ballot language determines the tax rate limit (not
exceeding tY_e statutory maximum) and permitted uses of the
supplemental tax proceeds, DT, C. Gen. Stat. § 115C-502; § 115C-
511(a),
6, If the ta;c is approved by the voters, the board(s) of
educatior_ in the annual budget submitted to the board of county
commissioners "shall request the rate of a3 ralorem tax it
wishes to have levied on its behalf as a school supplemental tax
not exceeding the rate approved by the voters.." The board of
county commissioners may approve or disapprove the,.,request, in
whole or in part, and may levy a rate of supplemental tax "as it
may find to be in the best interests of the taxpayers and the
public schools, not in excess of the rate requested by the board
of education." N.C. Gen, Stat. § 115C-511(b) In_ my December 2,
2003 letter to you, I addressed what I think the Board of
Commissioners would be required to do in the case of each Board
of Education requesting a different tax rate for a County-wide
supplemental tax. I concluded then as I do now that the lower
rate requested each year is lik_el;~ to be the cap on the levy for
the tax each year.
Diorth Carolina statutes are silent as to whether a
supplemental tax ballot question could time-limit the tax. And,
there are no decisions of the North Carolina appellate courts
addressing that question, However, a supplemental tax can be
abolished by referendum, the referendum called in any manner
S
Orange County Board of Commissioners
Page 3
June 21, 2005
a-railable to call a referendum to authorise the supplemental
tax. I therefore recommend against time-limiting the tax in the
referendum, in the absence of express authorization to do so
from the General P_ssembly,
Very- truly yours,
COLEMAN, GLEDHILL, H~RGR.~VE & PEEK, P.C.
11
GEG/lsg
Enclosures
xc: John N1, Link, Jr,
lsy;le tiers\bdoiccm cc adm unit spec dist ta:c '_tr dcc
LAW OFFICES
COLEMAN, GLEDHILL, HARGRAVE & PEEK
A PROFESSIONAL CORPORATION
t29 E TRYON STREET
P. O DRAWER 1529
HILLS80ROUGH. NORTH CAROLINA 27278
919.7322196
FAX 9t9-7327997
wunacgandh com
Barry Jacobs, Chair
Margaret W, Brown
Moses Carey, Jr.
Alice P9. Gordon
Stephen H. Halkiotis
Orange County Board
Post Office Box 8181
Hillsborough, North
December ":, 2003
of Commissioners
Carolina 27278
PROM THE DESK OF
GEOFFREY E. GLEDHILL
EMAIL peoRecyglailW~G~~~ndhmm
RE: Supplemental Tax to Operate Schools of a Higher
Standard
Dear Board Members:
During the Board's recent work session to discuss responses
to the school merger public hearings and the staff prepared
analysis of potential impacts resulting from possible school
merger, several supplemental tax questions were raised. This
letter answers those questions in the context of "no merger" of
the school systems, There are special rules related to
supplemental tastes in the context of the merger of school
administrative units. F*Id, it is an analysis of the general law
only. Other options could be available through local act of the
General Assembly,
A board of county commissioners has no in_herer_t authority
to "call" elections. Any election called must be one authorized
by law, The law can be general or special/local, Subchapter
VIII, Article 36 of Chapter 115C of the North Carolina General
Statutes authorizes votef-approved supplements for school
purposes. Dt,C. Gen, Stat. s 115C-501 (a) authorizes the board of
county commissioners to call an election to ascertain the will
of the voters as to whether there shall be levied and collected
a special tax to operate schools of a higher standard by
supplementing any item of expenditure in the school budget. Such
an election can be for one administrative unit/special tax
district, more than one administrative unit/tax district (with
7
Orange County Board. of Commissioners
Page 2
December 2, 2003
the same or different authorized amounts less than the maximum
permitted for each of the districts) or county-wide. If an
election calling for a county-wide supplemental tax passes, the
taxes collected are apportioned among the local school
administrative units in the county pursuant to DI. C. Gen. Stat. §
115C-430. N.C. Gen. Stat. § 115C-430 requires a current expense
county appropriation in a multi-school administrative unit to be
apportioned according to the membership of each unit. The total
money collected from a county-wide supplemental tax would
therefore be divided by the total school membership in the
entire county for each budget year, as determined by and
certified to the board of county commissioners by the State
Board of Education., and then appropriated, per pupil, to each of
the administrative units according to their membership.
P_ county-wide supplemental tax in Orange County could not
exceed sixty cents on each one hundred dollars of property
valuation (tax district equalling or exceeding 100,000
population). A supplemental tax for one or each of the
administrative units in Orange County could not exceed fifty
cents on one hundred dollars of property valuation (each tax
district would have less than 100,000 population). N.C. Gen.
Stat, § 1'150-502.1 One of the ways the law provides for the
election to be called is as the result of a petition. Local
boards of education may petition the board of commissioners for
an election in their respective school administrative units.
There is also a provision for twenty-five percent (250) of the
qualified voters who reside in a local school administrative
unit to petition the local board of education for an election.
N.C. Gen. Stat, § 115C-503. In the event there is a successful
voter petition, that is, one where 250 or more of the qualified
voters who reside in a local administrative unit signing the
petition, the board of education of the administrative unit
receiving the petition must give "due consideration to [the]
voter petition.,,." N.C. Gen. Stat. § 1'150-505. That means, a
qualifying voter petition does not require the board of
education receiving it to petition the board of commissioners
for an election.
'The special district tax in effect in the Chapel Hill-
Carrboro City special tax district has an authorized maximum of
thirty-five cents on one hundred dollars valuation of property.
Orange County Board of Commissioners
Page 3
December 2, 2003
A petition requesting a special school election bearing the
approval of a board of education, when presented to the board of
commissioners, carries with it the requirement that the board of
commissioners call the election, It is therefore the "duty of
the board of county commissioners to call the election
petitioned for and fix the date for the election." N.C. Gen,
Stat, § 1150-506, A county board of election conducts the
election called by the board of county commissioners and, where
the election is the result of the board of education petitioning
for it, the board of education pays for the election, N.C. Gen.
State. § 115C-507, The board of commissioners sets the date for
the election regardless of the method by which the election
occurs, That is, even when the election is called because of the
petition to the board of county commissioners from the board[s]
of education, the board of county commissioners sets the
election date.
The statutes authorizing local tax elections do not explain
what happens when, in the case of a multi-administrative unit
county, one board of education petitions the board of
commissioners for a county-wide supplemental tax and the other
does not. This is so notwithstanding the fact that the law
appears to make it mandatory for the board of county
commissioners to call a county-wide supplemental tax election
only within the administrative unit whose board of education
petitions for it, A question that further muddies this water is
what happens if the election is actually conducted and passes in
only one administrative unit? One answer to this question is
that the tax would be imposed only on property in the
administrative unit where the election is conducted but the tax
proceeds would be distributed county-wide on a per pupil basis.
I can't say that I think the General Assembly intended this
result, I can say that I would expect such an outcome to result
in litigation. Presumably, if the Board of Commissioners of
Orange County were to receive a petition from only one of the
boards of education in the County seeking an election on a
county-wide supplemental tax, it would use its authority to call
an election county-wide, If a board of education petitions the
board of county commissioners for an election, the board of
education may withdraw the petition 25 days before the election.
If the petition is withdrawn, the election is not held
q
Orange County Eoard of Commissioners
Page 4
December 2, 2003
unless it is called by the board of county commissioners
pursuant to other statutory authorization.
There's one other important difference between a petition-
initiated election for a county-wide supplemental tax and one
called by the board of county commissioners pursuant to its
statutory power to call for the election. N.C. Gen. Stat, §
1150-504 contains the information which must be in the petition.
Subsection (5) states:
(5) If the petition for an election is to supplement and
equalize educational advantages, and if any school
districts in the area in which it is proposed to vote
such a tax have heretofore voted a supplementary tax,
the petition and the notice of election shall state
that in the event such election is carried, it will
repeal all local taxes heretofore voted in any
district except those in effect for debt service in
any district, unless such debt service obligation is
assumed by the county or otherwise provided for.
There is no comparable provision for a county commissioner-
called county-wide supplemental tax election. Thus, it seems to
me, that the General Assembly is providing a board of county
commissioners with similar flexibility in calling for
supplemental tax elections as it provides a board of county
commissioners in calling for school merger. Merger is
accomplished by a board of commissioners without a vote of the
people. Merger accomplished by initiation of boards of education
can be made subject to a vote of the people. County-wide
supplemental tax authorization can be approved by the voters
without impairing an already authorized district tax if the
election for a county-wide supplemental tax is called by the
board of commissioners on its own initiative.
If the voters approve a supplemental tax the board of
colmty commissioners is authorized to levy it, generally for the
purpose of supplementing the local current expense fund, the
capital outlay fund, or both, The ballot language will determine
the tax rate limit (not exceeding the statutory maximum) and
permitted uses of supplemental tax proceeds. N,C. Gen. Stat. §
1150-511(a), If the tax is approved, the board of education in
Grarge Ccunty Board of Commissior_ers
Page 5
December 2, 2003
~o
the ar~nual .'.LidGet it s~.lbmits tc the board of county
COmm1SS lOnerS "Shall raga.°_S't trc rate Of aC~ '~:a1.0YZttl ta:L St
w1St'icS tO have le'71.ed OP. itS behalf as a schocl supplemental tax
rot e.s eeding the rate approved b:i' the voters." The board of
county co~.:missiorers may approve cr disapprove the board of
eduCatlOr_ reG•:leSt In W1.1O1e Or lri part, and ma'r le~;y a rate of
supplemer...al tax "as it ma-i find to be ir_ tY:e best interest cf
the taxpayers and the public schccls, pct in excess of the rate
requested b- the board of education." N.C. Gen. Spat. § 115C-
511(b) Ar_d, it is unlawful fcr any part of a supplemental tax
to be used fcr purpcses ether than authorized by the electior_.
N,C. Gen, Stat, § 115C-511(c).
The law requires interpretation as to the respcnsibility of
the board or commissioners in a multi-school administrative unit
county where there is a county-wide supplemental tax in effect.
Presumably each board of education would make a recommendation
for the county-wide supplemental tax, If the request of the two
beards of education fo-r the rate of the county-wide district tax
are not the same, the lower rate requested is likely to be the
cap cn the board of county commissioner levy for that tax,
The last important thing to mention with respect to
supplemental taxes is how they differ frcm appropriations cf
county funds to boards of education for current expense and
capital. As you know, the board of county commissioners has wide
discretion in appropriating cour_ty funds to the boards of
education for both current expense and capital.` That discretion
allows "appropriation bar purpose, function, or project as
defined in the uniform budget format" (a chart cf accounts
prcmulgated by the State Board of Education). N.C, Gen, Stat. §
1150-~?2°(b). On the ether hand, supplemental taxes collected are
not county appropriations to the board of education at all.
Pather, th=_ taxes, once collected, are funds of the school
administrative units and "shall be remitted to the local school
administrative unit[s] within 10 days after the close of each
calendar month." Di. C. Gen. Stat. 3 1150-511(b).
'This discretion is limited, however, by the per-pupil
allocation required for current expense and by statutory appeal
rights available to the boards of education concerning both
current expense appropriations and capital appropriations.
Orange County Board of Commissioners
Page 6
December 2, 2QQ3
I have enclosed earlier correspondence to you concerning
supplemental school taxes. The letters enclosed provide some
additional information and some additional detail to the
information that is provided in this letter.
Very truly yours,
CQLEMAN, GLEDHILL, HARGRAVE & PEEK, P.C.
1
GEG/lsg
Enclosures
xc: John M. Link, Jr.
1sg:lettzrs\bdofcomsupolementaltax.ltr
LAW OFFICES
COLEMAN, IJLEDHILL &. HARGRAVE ~ c~
A PROFESSIONAL CORPORr~T[ON
iz9 E TAYON STREET Jun e 8, 2 0 0 1
P. O DRAWER t>z9
HI4LSBOROUGH. NORTH CAR011NA ?T_78
919732 ?196 FRCNI THE DESK OF
F.AX 919-;327997 VIA FACSIMILE GEOFFREY E. GLEDHILL
WEBEITE IWUW CGA,NDH COM
Stephen H. Halkiotis, Chair
Margaret W. Brown
Moses Carey, Jr.
Alice M. Gordon
Barry Jacobs
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
R,E: Local Tax Election
Dear Board Members:
This letter is in response to an inquiry of me by
Commissioner Halkiotis in response to questions raised by
citizens at the June 7, 2001 budget public hearing. The subject
of this memorandum is local tax elections. In brief, the
question posed is how can there be an election in the Orange
County School District for a supplemental tax? The short answer
is the election can result in any one of the following ways:
1. The Board of County Commissioners can call for an
election on the establishment of the supplemental tax on its own
initiative.
2. The Orange County Board of Education may petition the
Board of County Commissioners for an election on its own
initiative.
3. The Orange County Board of Education Tay petition the
Board of County Commissioners by endorsing a petition received.
by the Board of Education signed by 250 of the qualified voters
who reside in the Orange County School District which petition
calls for the election. In the event a petition of 250 of the
qualified voters in the school district is presented to the
Board of Education, the Board of Education must give the
petition "due consideration." Thereafter if, in its discretion,
the Board of Education determines that the voter petition should
be approved, the Board of Education endorses the petition and
presents it to the Board of County Commissioners,
Orange County Board of Commissioners ~~
Page 2
June 8, 2001
The Board of County Commissioners must call an election in
response to petitions requesting local tax elections and bearing
the approval of the Board of Education. The law does provide,
however, for a period prior to the election for the withdrawal
of the petition by the Board of Education in which case the
election is not held.
Enclosed is previous correspondence related to this inquiry
which contains more detail, P_s you all know, I will be out of
town next week. I will check in with Commissioner Halkiotis
during the week far any follow up questions that I might be able
to answer while I'm away.
Very truly yours,
GLEDHZLL & HARGRAVE, P.C.
Geoffrey ~. Gledhill
/)
GEG/lsg
xc: John M. Link, Jr. :`~
Rod Visser ~~~
15g:letters\bdofcomlocaltaxelection.ltr
COLEiViAN, BER.NHC '„
BERNHOL.Z, GLEIaHILL. & HARGRAtiE
;TTORNEYS AT LAW
P.O, DR_-~w•;:R 1529
129 B. TRYON ST
HILLSBOROUGH, NC 27278
9!9-i32-2196
919-943-8000
FA~C 9I9-73'-7~i07
CHAPEL HILL OFFICE
SUITE 300. THE CENTER
:50d E. FR:1N)iLIN STREET
CHAPEL HILL NC 2751)
919.9'_9.7151
F4X 919.929-7892
ALONZO B. COLEMAN. 7R.
STEVEN A. BERNHOLZ
ROGER B BEAVHOLZ
GEOFFREY E. GLEDHILL
DOUGLAS HARGRAVE
G. NICHGLAS HERMAN
KIA1 K.. STEFFAN
NATH.4NiEL 'e. CLEMENT
MARILYN E. TOMEI
JOEL WEBSTER
TERRY G. HARM
JANET B. DUTTON
RE\ 7 SAVER Y. JA
O( Counsel
BONNER D. SAWYER.
(1902 - 197'_)
Sanuary 4, 1990
.Moses Carey, Jr., Chairman
Stephen Halkiotis
John Hartwell
Shirley E. Marshall
Don Willhoit
Orange County Board of Commissioners
Post Office Box 8161
Hillsborough, North Carolina 27278
Re: Supplemental School Tax
Dear Board Members:
(4--
Moses has requested our input into the idea of
equalizing, by means of a county-wide school district
tax, funding of the two school systems operating in the
County. In this letter, we will outline briefly the
school district tax enabling legislation both by
statute and by local bills and offer comments and
suggestions based on our discussion with Ellen Liston.
The Chapel Hill-Carrboro school district presently
has a supplemental tax in place. That tax came into
effect by virtue of the favorable result of an election
called by the Commissioners in 1951, which election was
authorized by the General Assembly by Chapter 1169 of
the 1951 Session Laws and a 1967 election authorizing a
higher tax rate. Prior to the ratification of Chapter
1'169 of the 1951 Session Laws, a supplemental tax was
levied in the Chapel Hill-Carrboro school district by
authority of Chapter 2 of the 1909 Session Laws. The
1951 Act expressly terminated the authority created by
the 1909 Act to levy the supplemental tax.
The question is, then, whether a county-wide
supplemental tax could be created without first
abolishing the supplemental tax in Chapel Hill-
Carrboro; that is, whether the Chapel Hill-Carrboro
district may have two supplemental taxes in effect at
the same time. We see no statutory barrier. The
county-wide tax could be phased in as the Chapel Hill-
Carrboro tax is phased out. When the amount of the
Chapel Hill-Carrboro tax reaches zero, the Chapel Hill-
~5
Board of Commissioners Page 2 January 4, 1990
Carrboro supplemental tax could be abolished, either by vote
(as provided for by N.C.G.S. §115C-501(e)) or by local act of
the General Assembly.
The statutory authority for the school district tax is
found in P~rticle 36 of N.C.G.S. Chapter 115C. That article was
adopted by the General Assembly in 1955. Prior to that time,
supplemental taxes were customarily created by special act of
the General Assembly. Were the County to choose to create a
county-wide supplemental tax, such a tax could be established
in either of two ways: by the process set out by N,C.G.S.
Chapter 115, Article 36 or by obtaining special legislation
from the General Assembly. The statutory proced~ire is outlined
below.
To establish the supplemental tax by the statutory
procedure requires a majority vote of the people, Only the
board of county commissioners may call such an election. The
board of commissioners m~ call an election of its own
initiative. N.C.G.S. §115C-501(a). The board of commissioners
must call an election if it receives a petition from the board
of education in the district in which the tax is proposed,
which petition requests an election and is approved by the
board of education. N.C.G.S. §1150-506. The board of
education, in turn, has two ways of petitioning the board of
commissioners for an election. The board of education may
bring a petition to the board of commissioners on the former's
own initiative. The board of education may also receive a
petition from 25€ of the qualified voters residing in the
district, approve that petition and in turn petition the board
of commissioners. N.C.G.S. §115C-50.3. The board of education,
however, has the authority to deny a petition seeking the
establishment of a supplemental tax.
North Carolina General Statutes §115C-507 provides for the
notice of the election and form of the ballot. Pursuant to
N.C.G.S. §11.5C-507, the tax, which may not exceed SOc per $100
valuation by N.C.G.S. §115C-502, is effective the next fiscal
year following the election. N.C.G,S. §115C-508. The county
collects the supplemental tax in the same manner as county
taxes, and collections are to be remitted to the school
district within ten days of the close of each calendar month.
N.C.G.S. §115C-51.1. The caurty may, if it chooses, deduct from
the amount collected the actual additional cost to the county
of levying, computing, billing and collecting the tax. Id.
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Board of Commissioners Page 3 January 4, 1990
A final comment on all of this relates to the time of
disbursement to the schools by the County of money appropriated
to the schools. By agreement with the schools, the County now
pays to the schools each month 1/12 of the total annual per-
pupil appropriation. By statute, however, the County must pay
over supplemental tax receipts to the schools within ten days
of the close of each month. N.C.G.S. §115C-511. If the County
chose to equalize funding for the schools by the regular County
per-pupil appropriation, the County may benefit from the
"float." The supplemental tax approach would obligate the
County to pay over the revenue generated by the supplemental
tax as the revenue is received. T-~pically, large sums are
received in the last calendar quarter of each year, much
smaller sums at other times. An analysis of this aspect of the
issue can probably be done by Finance.
If you have further questions, please call.
Very truly yours,
Geoffrey E. Gledhill
and Marilyn E. Tomei
GEG/bIET/lsg
xc: John M. Link, ,7r.
Ellen Liston
ORANGE COUNTY BOARD OF ELECTIONS ~
110 EAST KII~TG STREET
POST OFFICE BOX 220
HILLSBOROUGH, NORTH CAROLINA 27278
(919)245-2350
TO: Mr. Rod Visser
FROM: Ms. Carolyn Thomas
SUBJECT: Election Calendaz
DATE: June I5, 2005
Below is a time line that we need to meet in order for ballots to be printed, precincts polling
places reserved, and precinct officials appointed and trained in tune for the November 8, 2005
election.
August 11`x' -Deadline for precinct officials' appointments
August 16`x' - Boazd of Elections appoints each official and notifies them of dates for training
September ls` -Ballot wording must be in our office so we can layout the ballot and have it
approved by the Attorney before going to the State Board and then the printer, Once the printer
does the final layout, it must go back to the Attorney and State Boazd for final approval before
the ballots are printed. It normally takes 2-3 weeks for the ballots to be printed. Some counties
will be conducting elections in September and October so their ballots will be printed first.
September 23`~ -Deadline to stazt advertising all elections
October 7`~' - By-Mail absentee voting begins
October 14`x' -Books Close
October 20`x' -One-Stop Voting begins
November 8`~' -Election Day
Please keep in mind that should Senate Bi1198 be passed, it would also require us
to have multiple voting sites with networking provided at each location, That would
require additional training for our precinct officials as well as additional time for
the IT Department to make sure we have computer connections to each of these locations,
Please let me lmow if you need additional information,.
RECEIVED FROM LIZ BROWN ~a
06/17/Os
Questions regarding Orange County Schools and proposed district tax June 2005
Tax income
1. How much money would a 1-cent district tax bring in for OCS?
2, How much would a 1-cent countywide tax bring in for OCS (assuming that
roughly 63 percent must go to CHCCS, and remaining .37 percent to OCS)?
3. To raise the unfunded $2.1 million requested by OCS this yeaz, (to fully fund our
budget), what would an OCS district tax have to be set at?
4. What would the countywide tax have to be? (4 cents?)
General questions: Land values
1, What is total land mass of county? What percentage is in OCS district? How
many total acres is that?
2. What is the average borne value (single-family residential) in the OCS district?
How about in the CHCCS district?
3. What's the total value of the property-tax base in OCS district?
4, How about in the CHCCS district?
5. What is total value of other (non-real) property (cars, boats, other taxables) in
OCS? In CHCCS?
6, Haw many dwellings valued at $100,000 or less exist in the OCS district?
7. How many such dwellings exist in the CHCCS district?
Tax Bases: Commercial
1. To compaze homeowners' tax burdens in OCS and CHCCS districts: What
percentage of CHCCS district is non-residentiaUcommercial?
2. What percentage of OCS district is non-residentiaUcommercial? (Not
Hillsborough alone, but all of the OCS district, including Hillsborough)
3, What percentage of the whole county is non-residentiaUcommercial?
4. What would it take to pool all commercial tax money (in both OCS and CHCCS
district) and disburse it equally per-pupil across both districts?
Tax Bases: Farm-use (exemption) Program
1, What percentage of the whole county is in the farm-use program?
2. What percentage of the OCS district?
3. What percentage of the CHCCS dislzict?
4, What does this mean? Is it accurate to describe this as, for example, farmland that
would have a market assessment of $1 million is taxed instead at 6 percent of that,
and pays taxes as if it's worth only $60,000?
5. How significant is this for the OCS district? Are there any figures that show tax
dollars lost because land is entered into this program? (I understand the value of
this program; however, I am aware of the costs to the tax base,)
Tax Bases: Conservation and Watershed protection
1. What percentage of OCS district is in conservation programs, or otherwise non-
developabledue to legal restraints? (including Duke forest, parks, conservation
easements, watershed protection, etc; but excluding OWASA)
RECEIVED FROM LIZ BROWN On
06/17/05 w~
?. What percentage of this type of land is in the CHCCS district?
3. How many acres of land within the OCS district are protected (pulled off the tax
rolls) for OWASA, (or for the city's water supply), including all of'the Cane
Creek Reservoir?
4. What does this mean in tax dollars that are uncollectible?
5. How many acres of land in the CHCCS district are protected (withdrawn from tax
rolls) for OWASA?
6. How many acres ofland in CHCCS isnon-tax-paying, university owned?
7. How many such university-owned acres are in the OCS district?
8, How many OCS district households use water from OWASA?
9. What is the value of water preserved for OWASA, within the OCS district? What
would it take to compensate the OCS district for this water and this land
designated in watershed protection?
Tax Bases: County Government land and buildings
1. How many acres in the OCS district are set aside (non tax-payirrg) for county
and/or city government works? (e.g., courts, landfill, public works, etc,)
2. How many in the CHCCS district?
Tax Bases: Land-Use planning
1. How many acres in the OCS district are limited by 1-, 5-, or 10-acre (or other
size) restrictions?
2. Same question for land in the CHCCS district?
3. Haw many acres, or what percentage of total, in rural buffer reside in the OCS
district?
4. What percentage (or number of acres) lies within the CHCCS district?
5. What aze the rural buffer restrictions? (Are they lot size, or prohibition against
running water and sewer lines, or what specifically?)
6. What is the estimated tax impact on both districts, to restrict this land from
development? (How much land is taxed at glower-than-market rate because of
these restrictions?)
7. Which governing bodies set the rules for the rural buffer?
8. What would it take to lift the restrictions from the rural buffer in the OCS district?
9, What would it take to eliminate lot-size requirements in the OCS district?
General questions
1, What areas within Orange County, other than schools, aze treated separately? For
example, aze there separate public works departments for different sections of the
county, or separate fire or sheriff protection? Are northern and southern areas of
the county treated as distinct when it comes to funding pazks, or senior centers,
libraries, etc?
2. What percentage of county commissioners resides in the OCS district?
3. What percentage of members on the county's planning board resides in the OCS
district? How are these members assigned to the boazd? Elected or appointed, and
by whom?
RECEIVED rROM LIZ BROWN
06/17/05
a~~
4, Same question for OWASA's boazd: What percentage resides in OCS district?
How are they appointed or elected? By whom?
5, What percentage of residents in OCS district has children in the schools?
6. What percentage of residents in CHCCS district has children in the schools?
7, What is the average income of residents in the OCS district?
8. What is the average income of residents in the CHCCS district?
9. What is racial demography of OCS district? (especially minority and low-income
populations) Of CHCCS district?
General questions: Schools and district-tax scenarios
1, What percentage of CHCCS' local budget is funded by its district tax?
2. What is the maximum rate for this tax? (it is currently 20 cents), Is it currently
capped at 35 cents? Could it rise to 60 cents if the district's population reached
100,000? What would cause it to rise?
3. If CHCCS' district tax were currently set at its maximum, and its total local
budget remained the same (roughly $44 million), what percentage of its local
budget would this fund?
4, If CHCCS' district tax had been set at its maximum THIS YEAR, (assuming the
same ratio of 10,700 CHCCS students to 6,700 OCS students, and the same
budget requests submitted this year), what would the OCS district tax have to be
set at to fully fund this year's requested OCS budget? In other words, what would
the ad valor°um tax have to be set at to fully fund the OCS budget request, if there
were na CHCCS district tax at all contributing to CHCCS' budget?
5. In the complete absence of a CHCCS district tax, to fund both CHCCS and OCS
this year, what would the tax rate have to be on a countywide tax to fund OCS
with $20 million?
6, I've read that commissioners discussed capping an OCS district tax at 10 cents.
What is the purpose for that?
7. If the OCS district tax reaches its limit - of 10 cents, for example -how would
the commissioners fund the OCS budget if there was still a shortfall, given the
per-pupil request from CHCCS? (Is there another option once that cap has been
reached?)
8, What guarantee would OCS have that the commissioners would set the OCS tax
at the appropriate rate to fully fund its school board's budget request?
9. If commissioners refused to set the OCS tax at the amount requested by the school
board, what remedy could the school system seek?
10. For the next 10 years, what are projected capital projects (new construction and
major renovations) for OC_S? For CHCCS?
11, Will these school-building costs be borne equally by all residents in the county,
paid far by countywide taxes?
12. Would it be possible, instead of delegating district taxes in each district for per-
pupil funding, to instead delegate special district taxes for capital building
projects only?