HomeMy WebLinkAboutAgenda - 08-19-2008- 5aORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 24, 2008
Action Agenda
Item No. ~ -d
SUBJECT: Potential One-Quarter Cent Sales Tax Increase Referendum Public Hearing,
Discussion and Resolution
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S):
Draft Resolution Regarding the Conduct of
an Advisory Referendum on the Question INFORMATION CONTACT:
of Whether to Levy a Local Sales and Use Barry Jacobs, Chair
Tax Laura Blackmon, 919-245-2300
Donna Coffey, 919-245-2151
PURPOSE: To provide an opportunity for the public to comment on and the Board to discuss
and consider taking action on, a potential November 4, 2008 referendum on cone-quarter cent
additional sales tax in Orange County.
BACKGROUND: As part of a comprehensive and complicated "swap" of county and state
revenue sources approved by the North Carolina General Assembly during its 2007 Session,
the legislature authorized county boards of commissioners to levy, subject to voter approval, an
additional one-quarter cent county sales and use tax.
On June 24, 2008, Commissioners directed staff to schedule, for their August 19, 2008 meeting,
a public hearing and possible decision item on a potential one-quarter cent sales tax increase
referendum. Tonight's public hearing offers community members an opportunity to comment on
the potential new one-quarter cent sales tax. Following the public hearing, the Board may
discuss, and make a decision regarding, the potential of including a referendum to increase the
sales tax by one-quarter cent in Orange County on the upcoming November 4, 2008 ballot.
Should voters approve a new one-quarter cent sales tax on November 4, 2008:
• April 1, 2009 is the earliest date that the additional sales tax would become effective if
Commissioners levied the sales tax via resolution following a November 4, 2008
referendum.
• The State would distribute the additional one-quarter cent sales tax to counties based on
point of delivery and not on a per capita basis.
• As authorized by the General Assembly, the new sales tax would not apply to consumer
food purchases.
2
• There are no legislative requirements for counties to share the additional one-quarter
cent sales tax with local municipalities.
• If voters approve the sales tax referendum, the Board must adopt a resolution to levy the
tax in order for the tax to take effect.
According to Board of Elections Director, Tracy Reams, mailing of absentee ballots to
voters is set for September 15, 2008. In order to allow sufficient time to print ballots and
program voting machines, the Board of Elections must receive notification from
Commissioners regarding the addition of the one-quarter cent sales tax referendum for
the November 4, 2008 election date, no later than August 29, 2008. Per the Board of
Elections, the notification may be in a form other than a final resolution. There is no regularly
scheduled Board meeting between tonight and August 29, 2008.
State statute specifies ballot language that would appear on a referendum for aone-quarter cent
additional sales tax:
[ ]FOR [ ]AGAINST
Local sales and use tax at the rate of one-quarter percent (0.25%) in addition to all other
State and local sales and use taxes.
A draft resolution calling for an advisory referendum for November 4, .2008 on the question of
whether to levy aone-quarter percent sales tax is provided as an attachment for the Board's
reference. Should the Board agree tonight to move forward with the one-quarter cent sales tax
referendum on the November 4, 2008 ballot, staff will prepare a final resolution for approval at
the Board's September 2, 2008 regular meeting.
FINANCIAL IMPACT: Other than costs to advertise the public hearing, there is no financial
impact directly associated with the Board receiving public comments and discussing the
potential referendum to levy aone-quarter percent sales tax at the August 19, 2008 regular
Board meeting. Any subsequent decisions by the Board may have financial impacts which staff
can evaluate and report findings to the Board at a future meeting.
Preliminary estimates provided by the North Carolina Association of County Commissioners in
August 2007 suggest that based on historical patterns, Orange County could expect additional
annual sales tax revenue of roughly $3.0 million, or the equivalent of approximately 2.3 cents on
the anticipated 2008-09 fiscal year tax rate, with the voter-approved and Board-implemented
one-quarter cent additional sales tax. However, given the economic downturn currently being
experienced across the nation and evidenced in the County's recent lower than anticipated
sales tax collections, it is likely that $3 million is optimistic and not reflective of today's current
conditions.
RECOMMENDATION(S): The Manager recommends that:
1. Commissioners hear comments regarding the potential levying of aone-quarter cent
sales tax;
2. The Board discuss a potential referendum on an additional one-quarter cent sales tax in
Orange County and provide any comments and direction to staff
3. Consider taking action on the attached Draft Resolution Regarding the Conduct of an
Advisory Referendum on the Question of Whether to Levy a Local Sales and Use Tax
DRAFT
ORANGE COUNTY BOARD OF COMMISSIONERS
A Resolution Regarding the Conduct of an Advisory Referendum on the Question of
Whether to Levy a Local Sales and Use Tax
WHEREAS, local governments in North Carolina have historically relied heavily on the ad valorem
property tax as their major source of revenue; and
WHEREAS, Orange County's reliance on the ad valorem property tax has increased steadily
during this decade to the point that more than 70 percent of the County's revenue as anticipated in
the adopted 2008-09 Orange County Budget Ordinance derives from this source; and
WHEREAS, for a number of years, the Orange County Board of County Commissioners, the North
Carolina Association of County Commissioners and many other Boards across the state have
lobbied the North Carolina General Assembly for legislative authority to expand counties' revenue
options and thereby to lessen counties' reliance on ad valorem property taxes; and
WHEREAS, during the 2007 legislative session, the General Assembly enacted the "One-Quarter
Cent County Sales and Use Tax Act", Article 46 of Chapter 105 of the North Carolina General
Statutes which authorizes counties to levy an additional sales and use tax; and
WHEREAS, on August 19, 2008 the Orange County Board of Commissioners held a public hearing
to seek community input regarding the revenue options prospectively to be placed on the
November 4, 2008 ballot;
WHEREAS, on August 19, 2008 the Orange County Board of County Commissioners decided to
seek voter approval of an additional County sales and use tax on the November 4, 2008 ballot; and
WHEREAS, in order to levy the local sales and use tax, the County of Orange must conduct an
advisory referendum in accordance with the provisions of North Carolina General Statues Section
163-287; and
NOW, THEREFORE, BE IT RESOLVED pursuant to North Carolina General Statute 105-537, the
Board directs the following advisory referendum, with the concurrence of the Orange County Board
of Elections, to be held on November 4, 2008:
[ ]FOR [ ]AGAINST
Local sales and use tax at the rate of one-quarter percent (0.25%) in addition to all
other State and local sales and. use taxes.
Upon motion of Commissioner ,seconded by Commissioner ,the
foregoing resolution was adopted this the day of , 2008.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina,
DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the Minute Book of the Board.
WITNESS my hand and the seal of said County, this day of , 2008.
Clerk to the Board of Commissioners