HomeMy WebLinkAboutAgenda - 06-27-2002 - 5b 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 27, 2002
Action Agenda
Item No.
SUBJECT: Resolution Regarding Article 44 One-Half Cent Local Government Sales and
Use Tax
DEPARTMENT, County Manager PUBLIC HEARING: (YIN) No
ATTACHMENT(S): INFORMATION CONTACT:
John Link, ext 2300
Summary of Procedures for Implementing
the Third ''Y2 Cent Local Option Sales Tax TELEPHONE NUMBERS:
NCACC Summary of Article 44 Sales Tax Hillsborough 732-8181
Listing of Projected Revenues for Orange Chapel Hill 9684501
County and Three Municipalities Durham 688-7331
Draft Resolution Mebane 336-227-2031
PURPOSE: To consider approval of a draft Resolution Regarding The Third One-Half Cent
Local Government Sales and Use Tax Authorized by Section 34. 14 (a) of Session Law 2001 -
424 and Codified as Article 44 of the General Statutes of North Carolina.
BACKGROUND: As the Board is aware, the North Carolina General Assembly has authorized
local governments to begin implementation of the Article 44 one-half cent local government
sales and use tax on July 1 , 2003. The Board is also aware that there have recently been
discussions in the General Assembly concerning several proposals to move up the
implementation date for local governments to some time prior to July 1 , 2003, possibly to
August 1 , 2002. This would be done to replace the reimbursements which local governments
currently receive from the State, and local governments would be "held harmless" regarding
expected revenues with the State making up any shortfall in revenues received.
Information regarding the one half-cent sales tax is attached and includes a Summary of
Procedures for Implementing the Third One-Half Cent Local Option Sales Tax, which was
provided by the North Carolina Association of County Commissioners (NCACC). A short
summary of the Article 44 Sales Tax from NCACC as well as a listing of projected revenues for
Orange County and the three municipalities if the sales tax is implemented is also attached.
The BOCC held a public hearing on this one half-cent local government sales and use tax on
June 20, 2002. Two residents spoke at the public hearing.
Having conducted the public hearing, it is now appropriate for the Board to consider approval as
necessary of a resolution to implement the Article 44 one half-cent sales and use tax. A draft
resolution is provided as the last attachment to this abstract.
2
FINANCIAL IMPACT: Based on current figures, Orange County would be due $3, 183,344 in
reimbursements from the State next year. If the opportunity for implementation date for the one
half-cent local government sales and use tax was moved up to August 1 , 2002, Orange County
would expect to receive $2,695,339 from the new tax, with the State compensating the County
for lost revenue in the amount of $488,005. If the County began implementing the tax later
August 1 , then the $2,695,339 expected revenue would thereby decrease.
RECOMMENDATION(S): The Manager recommends that the Board review the attached
materials and consider approval of the attached resolution.
Summary of Procedures for Implementing the
Third 1/2¢ Local Option Sales Tax
(ft Resolution of the Board of County Commissioners
(Note: Identical procedures were used for 1983 and 1986 sales taxes.)
1 . Set Date of Public Hearing
In order to have an official record in the minutes, the Board of County Commissioners should
officially instruct the county manager to have a notice of public hearing published.
2. Give Public Notice of the Hearing
State statute requires not less than 10 days public notice of public hearing to be held on the
question of adoption of the local option sales tax (ref: G.S. 105-517(b). The 10 days required
notice is calculated as follows:
• Date of publication of notice is not counted,
• Next 10 calendar days are counted, and
• If the 10'" day is a Saturday, Sunday, or legal holiday, it is not counted as satisfying the
notice requirement. You must count to the end of the next day that is not a Saturday,
Sunday, or legal holiday. (G.S. IA-1, Rule 6)
Example: Notice of public hearing is published on Thursday, July 11. The count begins on
Friday, July 12. Since the 10'b calendar day would be Sunday, July 21, it is not counted. The
period of notice would run through the end of Monday, July 22.
3. Public Hearing
The hearing may be held after the 10-day notice period.
4. AdontionofResolution
The Board of County Commissioners may meet and adopt the resolution to levy the tax
immediately after conclusion of the public hearing.
5. Effective Date of the Tax
The tax cannot become effective any earlier than the first day of any calendar month
beginning on or after July 1, 2003. The Board has the option of setting a later effective date
starting with the first day of the month.
6. Notice to the Department of Revenue
A certified copy of the adopted resolution should be sent immediately to the Secretary of the
Department of Revenue. (G.S. 105-466)
. 4=
y �Y
NC Association of County Commissioners
January 30, 2002
The Third 1/2St Local Option Sales Tax (Article 44)
Introduction
The General Assembly increased the state sales tax by 1/27 (to 4.5(;t) until July 1, 2003 as part
of the biennial budget act (SB 1005). The law authorizes counties to enact a 1/2(Z local option
sales tax when the state tax sunsets to replace state reimbursements which will be eliminated in
state Fiscal Year 2003-04. Following is a summary of the statutory provisions of the new local
sales tax.
Effective Date: Not earlier than July 1, 2003 and any time thereafter. However, counties may
enact the tax prior to that date.
Method of Enactment: Counties may enact the new tax by: 1) resolution of the board of
county commissioners enacted after a public hearing, or 2) by conducting a local referendum.
Allocation of Proceeds: The tax proceeds will be allocated among participating counties as
follows:
50% on the basis of population
50% on the basis of point or origin
Distribution Between Counties and Municipalities: The distribution method will be the same
as the method chosen by the county for the distribution of the other local option sales taxes.
Coverage of the Tax: Food purchased for home consumption is exempt from the Article 44
2 . — P P P
Sales Tax.
Hold Harmless Provision: The new tax is intended to replace the existing state
reimbursements, which are repealed effective July 1, 2003. In order to assure that no local
government gets less than the amount received from the reimbursements, the new law contains a
100% "Hold Harmless" requirement.
iAshared\eduhirdsalestax.doc
North Carolina Association of County Commissioners
North Carolina League of Municipalities -
of Total
Local Governments Reimbursements ales Tax 2002-03 Auq 1 Effective 2004-05
CIRRI Balm f Sale Tax M61d harmless Gain
Conway 17,048 0-005% 14,558 2490 725,026 877 18,839 1 ,791
Ga sbur 9,452 0.007% 20,175 10,724 15,389 26,108 16,656
Gaston 10,666 0.007% 20,325 0,659 14,359 26,301 15,635
Jackson 6158 0.063% 10,598 4,350 6780 13598 7,439
Lasker 892 0.001% 2837 1,945 2,601 3671 2,779
Rich S uare 11 316 0.007% 20 157 8 841 13,502 26 084 14,768
Seaboard 12,676 0.005% 15,080 2405 18.568 5,892 19 515 6,839
Severn 21 ,293 0.002% 4,747 16,552 5.837 15,456 6,135 15,158 -
Woodland 0134 0.004% 13,887 1 5,733 17,074 1 8,940 17,945 9,810
Onslow 1 1650,487 1.057% 3,267.258 1 616 771 4 022 651 20372,364 4 226017 2,577,530
Holt Ride 21 ,215 0.006% 17671 3544 21,758 542 22867 1,652
Jacksonville 514 329 0.528% 1 630 214 1 115t885 2007221 1 492 892 2109,589 1,595,261
North Topsail Beach 42,466 0.006% 25,096 (17,370) 30 900 11,566 32,476 9,990
Richlands 13,412 0.009% 27,982 140570 34,454 21,042 36,211 22,799
Swensboro 20,921 0.011% 33,246 12,328 40,937 20 017 43,025 22,105
Oran a 3183 344 0.872% 2,695,339 486 005 3 318 669 135,325 3 487 921 304.577
Carrboro 246,322 0.127% 393251 146,929 484,195 237,873 508,869 262,567
Chapel Hill 729,487 0.355% 1,096513 367046 1350,095 620628 1418950 689,483
Hillsborough 103,392 0.043% 132,156 28,764 162,719 59327 171,018 67,626
Pamlico 249,962 0.107% 332,018 82,055 408,801 158,839 429,650 179,688
Alliance 0.000%
Arapahoe 1,044 0.000% 243 801 299 745 314 730
Ba boro 4r727 0.001% 3 556 1 172 4,378 349 4,601 126
Grantsboro 1,319 0.000% 655 BB4 807 513 848 472
Mesic 1424 0.000% 894 530 1.101 323 1157 267
Minnesa6 Beach 2,503 0.001% 2,789 286 3.434 931 3609 1 ,106
Oriental 12,538 0.004% 12 741 203 15688 3.1501 16p488 3,950
Stonewall 1p170 0.000% 778 392 958 212 1,007 163
Vandemere f 766 0.000% 1 340 42fi 1,650 115 3 734 32
Pas uoWnk
800,342 0.328% 1,015 000 214,658 1 249 731 449,389 1.313J468 513,126
Elizabeth City 294,253 0.118% 364,529 70,276 448,830 154,577 471 ,721 177,468
Pander 608771 0814% 969,849 3816076 1194,138 585,367 1,255,039 616,268
Atkinson 2,456 0.003% 8 287 5 831 10,204 7,748 10y724 8,266
Bu maw 36 821 0.030% 92 876 56.0551 114,355 77 534 120,187 83,365
Saint Helena 1855 0.003% 9,183 7328 11.307 9452 11883 10,028
Surf City 36 737 0.009% 29,195 7,542 35,947 790 37,780 1,044
Topsail Beach 17,994 0.004% 11,398 6,596 14,034 (3,96011 14 750 3,245
Wattle 531 0.001% 4,355 3824 5362 4,831 5,636 5,105
Per uimans 187,613 0.070% 239657 52,044 295081 107468 310,130 122,517
Hertford 18 578 0.017% 51 163 32,586 62s995 44 418 66 208 47 630
Winfall 3,991 0.003% 10 338 6,347 12 729 8,738 13,379
9p387
Person 764,084 0.305% 943,810 179726 1,162078 397,994 1221,344 457,260
Roxboro 212,482 0.057% 174702 37,779 215,104 2,623 226,075 13,593
Pitt 2,968,158 1.054% 3 256 979 268,821 4.010p195 1 042,037 4,214 714 1,246,556
A den 37 102 0.036% 111,249 74,147 136,977 99,875 143t963 105,8601
Bethel 16 991 0.014% 43 400 26 408 53 436 36,445 56 161 39,170
Falkland 688 0.001°/ 3,005 2318 3,700 3,013 3,889 3,201
Farmville 1491829 0.037% 115,376 34,453 142 057 7,771 14%302 526
Fountain 5,910 % 9,347 3438 11,509 5,599 12,096 6,186
Greenville 931830 0.481% 1486308 554,478 1830034 898204 1923366 991,536
Grihan 21312 0.020%1 62,511 41199 76988 55656 80,893 59,581
Grimesland 3,309 0.0040/6 12 097 1 11 .524 i5 590 12,281
611210210:11 AM Page 9
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DRAFT
The County of Orange
The State of North Carolina
RESOLUTION LEVYING THE THIRD ONE-HALF CENT (1/2¢)
LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING
THE METHOD OF DISTRIBUTION OF THE PROCEEDS
WITHIN ORANGE COUNTY
WHEREAS, The General Assembly has authorized the Orange County Board of Commissioners to levy a one-
half percent (1/2%) local sales and use tax by enacting N.C.G.S. 105-517(b) in Section 34.14(a) of Session
Law 2001-424; and,
WHEREAS, The Orange County Board of Commissioners held the public hearing on the issue of adopting this
resolution on June 20, 2002, as required by N.C.G.S. 105-517(b) and proper public notice of the Board's intent
to consider this resolution was provided as required by N.C.G.S. 105-517(b); and,
WHEREAS, The General Assembly levied a one half percent (1/2%) state sales tax effective October 16, 2001
by enacting Section 34.14(a) of Session Law 2001424, and this tax expires July 1, 2003; and,
WHEREAS, Orange County anticipates losing approximately $3.1 million in funds made available by the
State of North Carolina to replace revenue lost because of legislative action: (1) to repeal sales taxes imposed
on purchases made with Food Stamps; (2) to repeal property taxes imposed on inventories held by
manufacturers, retailers and wholesalers; (3) to repeal taxes on intangible personal property; and, (4) to reduce
taxes levied on residential property owned by low-income elderly taxpayers; and,
WHEREAS, The Orange County Board of Commissioners hereby finds that, particularly in light of the
circumstances cited herein, the levy of The Third One-Half Cent (1/2¢) Local Government Sales and Use Tax
is necessary to adequately finance the operations of the county and the cities and towns herein.
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners:
(1) There is hereby imposed and levied within Orange County The Third one-half cent (1/2¢) Local
Government Sales and Use Tax authorized by Section 34.14(a) of Session Law 2001424 and
codified as Article 44 of Chapter 105 of the General Statutes of North Carolina. The tax hereby
imposed and levied shall apply to the same extent and be subject to the same limitations as are set
forth in said Session Law 2001-424.
(2) Collection of the tax by the North Carolina Secretary of Revenue, and liability therefore, shall
begin and continue on and after the first day of July, 2003, or sooner, if allowed by law.
(3) The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue on a
monthly basis to Orange County as prescribed by N.C.G.S. 105-520. The amount distributed to
Orange County shall be divided among the county and the municipalities herein in accordance
with the method by which the one percent (1%) sales and use taxes levied in Orange County
pursuant to Article 39 of General Statutes Chapter 105 are distributed.
(4) This Resolution is effective upon its adoption, and a certified copy hereof shall be forwarded to
the North Carolina Secretary of Revenue.
Adopted this _ day of 20_