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U )` <br />4 The new or expanding industy - business must create and maintain a <br />minimum of 40-25 new jobs in Lee County to be considered for an <br />incentive. An existing Indust y-- business will be required to maintain <br />the same number of existing jobs as well as create the 4925 new jobs.__,_-, - <br />The industay- business will be required to maintain all jobs for the <br />duration of the incentive period Businesses will be required to show <br />proof of job creation and be subject to random audits for verification. <br />2-} All iobs counted towards the incentive must be t ull -time employee <br />positions that are reported monthly by the company to state <br />Employment Security. <br />3}�A new Gemffap,y- business must create at least $40-20 million in <br />new investment in the County to be considered for an incentive. An <br />existing Company must invest a minimum of $5-10 million to be <br />considered for an incentive. Under bGt# either option the investment <br />must be verified as taxable property under North Carolina law and <br />verified by the Lee County Tax Office. These are target investm <br />ZLAny Company receiving an incentive must commit to continue <br />operations - , without seasonal variations that cause its number of iobs <br />to fall below required levels, for the duration of the incentive period_.. <br />4} 8) Economic incentives will not be offered in advance of business <br />investment or iob creation in Lee County. <br />The County will review requests for public <br />infrastructure which benefits4HA- elaly-the iRdust y- business but-�and <br />the entire community as an alternative ffwars--e€to incentives fGF a <br />GGFnpan y <br />53 10) All incentives shall be paid pursuant to a (written incentive _ <br />agreement between Lee County and the recipient business. Olawbask <br />pProvisions willshall be st °^tives ^eRtFaG• °included in <br />every incentive agreement to ensure the county recaptures sums <br />appropriated or expended by the county has r emed 1 es in the event the <br />business fails to adhere to its mob creation, investment, and continuous <br />operations agreements at any time during the contract period. <br />5j11 L <br />Clawback provisions <br />may include termination of the contract, proration of future incentive <br />cash payouts, and /or repayment of incentives <br />already issued to a seaRpaay <br />NOW BE IT FURTHER RESOLVED, that the guidelines listed above are <br />not intended to be entitlements for industry or businesses to receive incentives <br />from Lee County. The County reserves to the right to review all proposals and <br />recommendations for or against incentive offers by the LCEDC and to make the <br />final decision on incentive awards on the basis of what is in the best interest for <br />the citizens of Lee County. All incentives are subject to Public Hearing to be <br />Comment [TM5]: I wasrt t sure whether this <br />policy was intended to cover one or both of two <br />similar circumstances described below. Incentives <br />are lawful in both situations. As written, it will allow <br />Lee County to otter incentives in the first scenario <br />but not the second as described below: <br />1. Company intends to create new jobs hue or in <br />some other jurisdiction — incentives designed to <br />induce company to retain existing jobs and create the <br />new jobs in Lee County. <br />2. Company doe a not intends to create any new jobs, <br />but it is considering relocating all existing jobs <br />outside of the county. For example, company is <br />making significant equipment purchase to streamline <br />operations. It could install the equipment in Lee <br />County or another jurisdiction. Once complete, the <br />company won't need quite as many workers because <br />the equipment is more efficient Company asks for <br />incentives if Lee County wishes for the company to <br />install the equipment in Lee Canty and thereby <br />retain some jobs in Lee County. Alternative is to lose <br />all jobs. I interpret the law as allowing an incentive <br />in such a circumstance. Job retention in this siduation <br />is similar to job creation, because in the absence of <br />incentives, this company will have zero jobs in Lee <br />Canty. 7be incentives are offered to induce the <br />company to keep more than zero employees in the <br />Comment [TMG]: I recommend defining full - <br />time. Here are two examples from agreements that <br />I've seen, other definitions are possible: <br />(1) person employed at 35 hours or more a week, <br />with a salary or wage package that includes health <br />benefits <br />(2) A full-time job requires a minimum of 1,600 <br />hours per year <br />Commmat [TM7]: I believe the commissioners <br />are trying to mirror G.S. 159- 7.1(h) here: "requiring <br />the recapture of sums appropriated or expended by <br />the city or county upon the occurrence of events <br />specified in the agreement. Events that would require <br />the city or county to recapture fiords would include <br />the creation of fewer jobs than specified in the <br />agreemem, a lower capital investment then specified <br />in the agreement, and failing to maintain operations <br />at a specified level for a period of time specified in <br />the agreement " <br />