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011414ssa Agenda Package
9:00am 9:15am 9:30am 9:45am 10:45 am 11:00 am 11:15 am 11:30 am Harnett County Board of Commissioners Special Session (**Voting Meeting**) Tuesday, January 14, 2014 9:00am Economic Development: 1) Consider and Approve** the Local Government Grant Agreement for the One NC Fund Grant from the NC Department of Commerce for the Rooms To Go Project 2) Consider and Approve** The Company Performance Agreement for the One NC Fund Grant from the NC Department of Commerce for the Rooms To Go Project Planning Services: -Proposed text amendments to the Unified Development Ordinance (to comply with new General Statute requirements) Parks and Recreation: -Land donation to the Dunn-Erwin Rail Trail 5-10-20 year plan reviews: Legal Services Human Resources Veteran Affairs Tax Department Discussion regarding non-profit organizations requesting funding donations Finance Officer's Report: Petty leave policy County Manager's Report: Regular Meeting Agenda Review Consider and Approve** the revised 2014 meeting schedule of the Harnett County Board of Commissioners (changes include deletion ofthe February 11 Special Session, addition of February 25 Planning Retreat and quarterly meetings with the Board of Education which have been reviewed by Superintendent Frye) Closed session JAN 9 ,n,& NOTICE OF SPECIAL MEETING OF THE ~~~"-ilic. .l HARNETT COUNTY BOARD OF COMMISSIONERS The Harnett County Board of Commissioners will convene on Tuesday, January 14, 2014, at 9:00am in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. The purpose of the meeting is to discuss the following: ~~~~ Economic Development: I) Consider and Approve the Local Government Grant Agreement for the One NC Fund Grant from the NC Department of Commerce for the Rooms To Go Project 2) Consider and Approve The Company Performance Agreement for the One NC Fund Grant from the NC Department of Commerce for the Rooms To Go Project ~~~~ Planning Services: -Proposed text amendments to the Unified Development Ordinance (to comply with new General Statute requirements) ~~~~ Parks and Recreation: -Land donation to the Dunn-Erwin Rail Trail 1111 5-l 0-20 year plan reviews: Legal Services Human Resources Veteran Affairs Tax Department 1111 Discussion regarding non-profit organizations requesting funding donations ~~~~ Finance Officer's Report: Petty leave policy • County Manager's Report: Regular Meeting Agenda Review Consider and Approve the revised 2014 meeting schedule ofthe Harnett County Board of Commissioners This 9th day of January, 2014. Harnett County Board of Commissioners 9:00am Economic Development: 1) Consider and Approve** the Local Government Grant Agreement for the One NC Fund Grant from the NC Department of Commerce for the Rooms To Go Project 2) Consider and Approve** The Company Performance Agreement for the One NC Fund Grant from the NC Department of Commerce for the Rooms To Go Project Pat McCrory, Gmternor North Carolina Department of Commerce Commerce Finance Center Stewart Dickinson, Director Sharon Allred Decker, Secretary Ms. Phyllis Owens Director Harnett County Economic Development P. 0, Box 1270 lillington. NC 27546 October 9, 2013 SUBJECT: One NC Fund Grant-Project No, 2013-9599 Local Government Grant Agreement & Company Performance Agreement County of Harnett I RTG Furniture Corp,. of Georgia Dear Ms. Owens: A copy of the Terms of the One NC Grant. two copies of the Local Government Grant Agreement and two copies of the Company Performance Agreementfor the above project are enclosed. The Local Government Grant Agreement and Company Performance Agreement need to be signed and only one original copy of each returned to the Commerce Finance Center. The extra original signed set is for your file .. Once we receive our original signed copy of each. the Commerce Finance Center will make a copy of each signed agreement and send to the Company. Please be aware that before funds can be disbursed to the recipient all requirements as stated in the Company Performance Agreement must be met, I have enclosed a copy of the Certification form (Exhibit A) that you will need to complete and send to us at the time a disbursement of the grant is sought For your information, I have also enclosed a copy of the Company's disbursement request form that they will submit to you when funds are being sought NOTE: By not later than January 31 of each year following a calendar year until the full Match has been disbursed to the Company, the Local Government must submit to the DOC a report detailing Match payments made during the calendar year just ended, together with a cumulative tally of all Match payments made through the end of that calendar year, In addition, the Local Government shall report all other local Government financial contributions made for the Project This ls required ln order to comply with N.C. Gen. Stat §1438·437.07, The gmnt is subject to the requirement that the Local Government deliver to the Department of Commerce a copy of th& agreement with the company governing the local incentives to be provided for the Project Please submit along with ygur signed Compsnv Performance Agreement and Locil Government Grant Agreement a copy of your Local Government Incentive Agreement with RTG Furniture Corp. of Georgia and agreements regarding any other North Carolina incentive given. Should you have questions regarding the grant funding process please calf me at 919/733-0886 or email mwJ~fl!lr:l<t.QQL~L~!£2Jn.. Please send the agreements by express mail to my attention at Commerce Finance Center. North Carolina Department of Commerce. 301 North Wilmington Street, Raleigh, North Carolina, 2760L Enclosures Sincerely, . . . a/_ . ~~,;r~ Ma;;tz'Johnson ThriveNC 301 North Wilmington Strl:"t>te4.~ I R Mail Service Cen!cT•Raleigh, NtHth Carolina 27699-4318 Td: (ii!IJ! 7H-521J7•l•ax: t'il'Jl715-5297 An h1ual Opportutlltyh\lfirmnfi'c :\tflnn Emflluyer Terms of One NC Grant Local Government: Harnett County Project Company: RTG Furniture Corp. of Georgia Grant Amount: $200,000 ,,_, __ ""''"'' Related Member Parties Retail Management Services Corp~ Rooms to Go Distribution Company LLC ~--"" SE Independent Delivery Services, Inc. l Project Description A location of a warehouse. distribution center and retail showroom (the "Facility") at which the company will assemble ,, ___ M,_ packagt:~ fumi~~E~ sets for home delivery. Facility Location Dunn, North Carolina Ham~!! C 2E!l!Y Grant Period April l. 20 15 through April l, 20 18 ~ I THREE YEARS . ·-~~·-- Grant End Date The earlier of April 1, .20 I 8 or three ( 3} years from the date of issuance of the Certifi~!lte of Occupall(;Y Target New Jobs (goal) 220 Target New Investment (goal) $40Jl00,000 Required New Jobs {required t{)r full grant) 198 -·~ ·-Required New Investment (required for full $36,000,000 grant) --"" -·--.. ·-·--Average weekly wage for all full-time jobs $492 .. 00 (Wag~ Standard) .... --.. ·-""'-'""'""'~'--Retained Jobs, if any 180 --~ ·------·-· .. ·---'-'-···-Closeout The earlier ofwhen performance is complete, or the Grant End Date .__ ---''"" --~~ Other Requirements • Health insurance for all full time jobs • Use grant proceeds tbr installation or purchase of equipment; structural repairs, improvements, or renovations to existing buildings to be used tbr expansion~ construction of or improvements to new or existlng water, sewer, gas or electric utility distribution lines or equipment for existing buildings. or for nevv· or proposed buildings to be used f()r manufacturing and industrial operations • Must provide verification that Pn~cct has received all environmental pem1its Om:,VC !'am She<·t R ((.; Furnilllr•· Gwp. <~I (j'"'··'l~ll;ta f'unt'<mt·. R,·'hlt<:d Mwmi>.:·n; Ri'ltlllft!d.lohs, Vc1~ hwm ReVI.H:<i }II :'-I~ • The grant is subject to the requirement that the Local Government deliver to the Department of Commerce a copy of the agreement with the Company governing the local incentives to be provided for the Project • The period which the Company will be eligible for a Grant disbursement shall commence on the earlier of April 1. 2015 or the date of issuance of a Certificate of Occupancy for the Facility (the "CO") (the ''Grant Commencement Date") and shall end (if pertbrmance has not been achieved earlier) on the earlier of April 1, 2018 or three (3) years from the date of the issuance of the CO (the "'Closing Date")~ The period between the Grant Commencement Date and the Closing Date is the "Grant Period". The Company shall deliver a copy of the CO to the DOC and the Applicant within two (2) weeks of its issuance~ In order to be eligible tbr the full amount of the Grant, the Company must create one hundred ninety eight ( l98) New Jobs (the "Required New Jobs") (90% of the Target New Jobs), by the earlier of April I, 2018 or three (3) years from the date of the issuance ofthe CO (the "Closing Date''), • By no later than February l following the end of each year during the later of the end of the (J:rnnt Performance Period or the date on which the Local Govemment provides the final funds that would bring the local matching contribution to the level provided by the Grant, the Company will submit a report to the DOC in the form of Exhibit B. documenting the Local Govemment contribution of digible matching funds, through the just completed calendar year. and a copy of the Company's fourth calendar quarter perfom1ance. ending December 31 In addition. during the Grant Period. the Company shall provide a statement indicating whether the Company expects to have completed Pertbnnance Criteria sufficient to request a disbursement during the upcoming state fiscal year (July 1 through June 30), Disbursement of Grant 4 installments equal to 25% of grant each, on demonstration of creation of: • 25~1> of'Target New Jobs: • 50°;'0 of Target New Jobs • 75% of Target New Jobs • Required New Jobs and Required Investment and evidence of making Statutorily Qualifying Expenditures, Environmental Permits, and Retained Jt'lbs (if required. as set forth above}. Obligation to Repay Grant • Failure to provide required health insurance • Failure to achieve Wage Standard • Ceasing pr~ject operations • Failure to maintain jobs ttlr the requisite time beyond Closeout ( I-2 years depending on Closeout timing) Adjustments to (}rant At Closeout • If Closeout occurs on the date three years thnn the date of the Grant award and the Company has failed to: RTI'i Fiu·nilure Cvtp iJlGwr~~~~ ('omf>rmy; R,,/,Jr,:d .tlemht'l\>, RetamedJtJbJi, Vt't¥ Jof>1 hwm R,uw,J W""5.,f;: o Create and retain Required New Jobs, or o Make statutorily qualifying expenses equal to 1 00% of the grant. or o Make the Required Investment the amount of the Grant will be reduced on a pro rata basis to reflect the percentage by which the Company failed to meet its performance goals. To the extent the amount of the reduced Grant is less than the amount that has been previously disbursed, the Company must reimburse DOC for the difference. Obligations Beyond Closeout • If Closeout occurs more than one year prior to the Grant End Date, the Company must maintain at least 90% of the New Jobs in place at Closeout for two years after the date of Closeout • If Closeout occurs less than one year prior to the Grant End Date, the Company must maintain at least 90% of the New Jobs in place at Closeout until the one anniversary of the Grant End Date. • If the Company fails to maintain at least 90% of the number ofNew Jobs in place at Closeout for the required time period. the Company must reimburse DOC the entire amount of the Grant, Statute and Guidelines Governing Grant • N.C Gen. Stat 1438-437.70 et seq, • Guidelines And Procedures for Commitment of Funds from the One North Carolina Fund. I lu;:SC' Tc1m Sh~e-1 RH; F~tmittm' Corp, 11/ (,'eorJI/.1 Cmnpam•, Re/,Jit'd Jl<tlllh!!r.l,' Retaint!d,Jobs, Vtcw Jpbs f'r>rm R<'viwd lfh'-1:! LOCALGOVERNMENTGRANTAGREEMENT THE ONE NORTH CAROLINA FUND Local Government Name: Harnett County Grant No, 2013-9599 Project Name: RTG Furniture Corp. of Georgia (with Retail Management Services Corp./ Rooms to Go Distribution Company LLC and SE Independent Delivery Services, Inc. as Related Members) STA'l'E 01'' NORTH CAROLINA GRANT AGREEMENT COUNTY OF WAKE This Local Government Grant Agreement (the "LGGA") is effective the 26'11 day oOune, 2013 (the ''Effective Date'') by and between the County of Harnett, North Carolina (hereinafter referred to as the ·'Local Government"), and the North Carolina Department or Commerce (hereinafter referred to as ''DOC''); WITNESSETH: WHEREAS; the Local Government desires to stimulate and develop the local economy of its region, alleviate the problems of unemployment and underemployment by creating and/or tetainingjobs for its citiL.ens~ and develop its local tax base: and WHEREAS; the General Assembly has created the One North Carolina Fund (the "l>rogram'') to make funding available within Nm1h Carolina "'to secure commitments for the recruitment, expansion or retention of new or existing businesses"; and WHEREAS; the Genernl Assembly has authorized Program funds to be used for installation or purchase of equipment; structural repairs, improvements, or renovations to existing buildings to be used fot expansion: construction of or improvements to new or existing water, sewer, gas ot electric utility distribution lines or equipment for existing buHdings~ and construction of or improvements to new or existing water, sewer, gas ot electric utility distribution lines or equipment for new or proposed buildings to be used fm manufacturing and industrial operations; and WHEREAS; the Local Government has applied for funds in connection with activity to be undertaken by RTG Furniture Corp, <lfGcm'gia (the "'Company"), a business that has competitively chosen to locate or expand operations lbr the Jbllowing prqject (the "Project") in North Carolina: A location of a warehouse, distribution center and retail showroom (the "Facility") at wllich the company will assemble packaged furniture sets for home delivery located in or around Dunn, Harnett County, North Carolina, OneNC l ,ocal G1lVemment Grant Agreement fH(i Furniture Corp. of Georgia./ Harnett County Company; Related Member~; New Jobs; Retamcd Jobs Form !/12/12 WHEREAS; the Local Government has committed to provide matching fitnds and resources f()r the Project equal to at least the amount of any funds awarded from the Program (the "Match"): and WHEREAS: the' Local Government's application (the ''Local Government Application'') has been approved by DOC fhr funding, based on the Local Government's commitments, and the commitments made by the Company in its Program application (the ''Company Application''); WHEREAS, the Company has executed an agreement (the "Company Performance Agreement" or ''CPA'') with the Local Government reflecting the Company's commitments to expand, create andlor retain jobs and to take other actions that will support North Carolina's economic development, and the terms on which fhnds will be made available for such activity from the Program; NOW' THEREFORE, in consideration of the mutua[ covenants and promises ~et forth below, the Local Government and DOC hereby agree as follows: L DOC COMMITMENTS AND GRANT CONDITIONS (a) DOC agrees to provide Program fund in the maximum amount of Two Hundred Thousand Dollars ($200,000.00) for the Project (the "Grant''), in accordance with the terms of this LGGA and the CPA, (b) Grunt payments disbursed under this LGGA will be disbursed to the Local Government pursuant ttl N,C, Gen, Stat J4:lB*437,70 et tf<tq., the terms of the Program Guidelines and Procedures f()r Commitment of Funds from the One North Carolina Fund, established pursuant to N.C Gen. Stat§ 1438~ 437.73 and in effect as ofthe effective date nfthis LGGA (the "Program Guidelines'"), consistent with the terms and schedule established in the CPA. {c) Grtlnt disbut·scments are conditk1ned upon the execution of the CJ> A between the Local (l!Jvernment and the ('()mpany, and any other required parties thereto, in a fbrm acceptable to DOC In addition to the Company and the Local Government, tlle following are required parties to the CPA: Retail Management Services Corp., Rooms to Go Distributi<m Company LLC, and SE Independent Delivery Servk:es, Inc. ("Related Member Partles"). (d) Tn receive a Grant disbursement, !.he Local Government must provide or cause to be provided to DOC a properly executed CPA. proM that the Company has perfhrmed its obligations under the CPA, proof that the Local Government has met its obligation to provide the Match, a duly executed completed disbursement request and certification in the form of Exhibit A hereof(the "Local (iovernment Disbursement Request"), lUld a duly executed completed Company's disbursement request and certification in the form of Hxhihit A to the CPA (the ·•company Disbursement Request"), II, LOCAL (;{)Vf:RNMf:NT'S COMMITMENTS (a) The Local <Jovcrnment agrees !.o perfonn the Program and to abide by all commitments, terms and representations in the Local Government Application. tb) The Local Government agrees to provide the Match in a manner consistent with RC Gen, Stat § I43Il-437 .. 72(c)(l), the Program Guidelines and Pmcedures, and the Local Q()Vernment Application, The Local Government will provide to the DOC a copy of the duly executed agreement between the Local Govemmtlnt (or other locul entity) and the Company goveming the local incentives that will be provided to the Company fbr the Prqject (the "Local Incentive Agreement""), at the time the Local Government returns the executed LGGA The Company will be ineligible for a Grant disbursement untll the Local Incentive Agreement. is pmvided to the DOC. The Local Government will report to the DOC the tnnt)Unt of each incentive payment that is provided to the Comp»any under the Local Incentive Agreement, within thirty (30) days of the date on which it is provided, whether or not the CPA remains ill cttect I lneNC !.,,cal { l•>~<cmmt·nt Grant A~;reent('nt RTtt Furn\ture CPrJl n! f I htmctt Cmmty (pmp!lll). Rd,uct.l Meml>cr>. Jt1D$. Rctamcl Jobs h•rnt I ;J ::;, !2 (c) The Local Government agrees to take all steps reasonably necessary to ensure and to establish to DOC' that the required levels of jobs are created and/or retained, the required salary levels are achieved, the required levels ofinvestments are made, statutorily qualifying expenses are incurred. any required environmental permits arc obtained. and any other required perfonnance criteria are satisfied, and that no Grant funds are disbursed until the performance criteria in the CPA have been met {d) Tl1e Local Government agrees to take whatever steps may be reasonably necessary to ensure and to establish to DOC that Grant funds disbursed by the Local Government are used only for purposes allowed under the statutory authority creating the Program" (e) The Local Government agrees to take whatever steps may reasonably be required, after consultation with the Secretary of DOC (the "Secretary") and not inconsistent with the Secretary's authority under the CPA, to recapture all disbursed 11mds for which the Local Government and DOC have a right to be reimbursed, (t) The Local Government acknowledges that DOC bas a right to recapture funds under the CPA and that such right does not relieve the Local Government of its own responsibility to recapture funds, (g) The Local Government agrees to otherwise reimburse DOC for any funds improperly disbursed, provided, however, that Local Government is under no obligation to reimburse DOC for any improperly disbursed funds that were disbursed with DOC's prior permission" (h) The L<lcal Government agrees to keep and maintain books, records, and other documents relating to the receipt and disbursement of the Grant and the fulfillment ofthis LGGA~ The Local G<lvemment shall provide any information DOC requests in order to produce reports or compile data required by the General Assembly" If the Local Government fails to keep and maintain books and records necessary for verifying fulfillment. of this LGGA, the Secretary' may in his discretion declare this LGGA to be in default withhold payments for or under this tOGA, and/or require rcimbur.scment of all or any portion of nrant funds previously paid, Prior to taking such action, the Secretary will endeavor to communtcate with the L{)ca! Government and the Company to discuss the circumstances and the actions being contemplated, (i) The Local Government agrees to provide any duly authorized representative of DOC or the State of North Carolina at all reasonable times access to and the right to inspect, copy, monitor, and examine all of the books, papers, records, and other documents relating to the Grant for a period of three years following the last payment of(.lrant funds or for the inspection peri<Jd specified in the CPA, whichever Is longer. To the extent any information or documents gathered pursuant to this section would be regarded as confidential or not subject to disclosure under federal law or the North Carolina General Statutes (to include, without limitation, N£" Gen, Stat§§ 132-l et seq" commonly referred to as the "Public Records Acf'J, the Local Government shall clearly identify and mark them as such and that information will, to the extent allowed by law~ be treated as confidential and not subject to disclosure by DOC and its authorized representatives~ If the Lo<:~al Government fails to provide such access and right of inspection, the Secretary may exercise dist:reticm to declare this LGGA in default, to withhold payments under this LGGA and' or require reimbursement of all many portion of the Grant paid, (j) The Local Government shall comply with alllawtltl requirements of DOC, all applicable requirements of the General Statutes of the State of North Carolina, and any other appllcable laws and/or Executive Orders currently or hereafter in force, (k) In the event that the Company or Related Member Parties fail to fulfill their responsibilities under the Company Application andlor CPA, including their responsibilities to create and/or retain jobs, make investments, and incur statutorily qualifying expenses, the Local Government, after consultation with the Secretary and not inconsistent with the Secretary's authority under the CPA, shall promptly exercise its rights and remedies to require repayment of funds, or to assess such other penalties as may be provided for in the CPA, OneNC lo.:a! Gmcrnment Gnult Ag:rt:eml!nt RTG Furni!Urt' t'Mp of<ieorgla llarnttt(\',tmty (',1mpuny: Related Members, New Job~; Rctmned Jub~ Form 1112!12 3 (l) In addition, in the event that the Company or Related Member Parties fail to fulfill their responsibilities under the Company Application and/or CPA, including their responsibilities to create and/or retain jobs, make investments, and incur statutorily qualifying expenses, and the Local Government recaptures funds from the Company, the Local Government shall promptly pay to DOC the Grant amounts which it is able to collect (m) By not later than January 31 of each year following a calendar year until the full Match has been disbursed to the Company, the Lt1cal Government shaH submit to the DOC a report detailing Match payments made during the calendar year just ended, together with a cumulative tally of all Match payments made through the end of that calendar year, In addition, the Local Government shall report all other Local Government financial contributions made for the Project This is required in order to comply with N~C Gen. Stat § 1438-437.07. Failure to timely file this report will result in ineligibility fbr Grant payments. III. GENEI~AL PROVISIONS (a) The parties to this LGGA agree and understand that the payment of all sums specified in this LGGA is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds to DOC for this purpose~ {b) Failure of DOC at any tlme to require performance of any term or provision ofthis LGGA shall in no manner affect the rights of DOC at a later date to enforce the same or to enforce any future compliance with or performance of any of the terms or prtwisions hereof. No waiver of DOC of any condition or the breach of' any tenn, provision or representation contained in this LGGA, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of that or any other term, pmvision or representation, (c) The recitals are an integral part of this LGGA (d) This LGGA constitutes a legally enforceable contract and shall be governed and construed in accordance with the laws of the State ofNorth Carolina, The parties agree and submit, solely for matters concerning this tGGA, to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose, that the only venue t()r any legal proceedings shall be Wake County, North Carolina, The place of this LGGA, and ali transactions and agreements relating to it, and their situs and forum, shaH be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation, and enforcement, shall be determined. (e) This Grant awa1·d shall terminate and be null and void on December 15, 2013 if bv that date the Local Government has not delivered back to the DOC, an original of this LGGA and of the CPA, duly executed bv an authorized official of the Local Government, and attested in the manner provided below, together with a copy ofthe Local Incentive Agreement. UncNC' Local Government Grant Agre.::ment RTG Fumiturt~ Corp of (ieotgia I Harnett County Company; Related Members; New Jnbs; Retamed Job!> flmm 1!12/12 4 Upon execution ofthis LGGA by DOC and the Local Government in the spaces below, the Local Government hereby accepts the Grant on the terms ofthis LGGA, effective on the date indicated above, and further certifies that the official signing below has been duly authorized by the toea! Government's governing body to execute this LGGA, Date: (Official Seal) ATTEST: OncNC Local Go~'crnment Gr.mt Agreement KW Furttiture Corp. vf Georgia! Harnett County Company; Related Members; New Jobs: Retamed Jobs Form Jfl2ll2 By: County of Harnett (Local Government) By: Authorized Official 5 EXHIBIT A TO LOCAL GOVERNMENT GRANT AGREEM:ENT LOCAL GOVERNMENT DISBURSEMENT REQUEST AND CERTIFICATION Project No, 2013-9599 County of Harnett (the ''Local Government") hereby requests a disbursement in the amount [spell out dollar amount] from the North Carolina Department of Commerce (the .. DOC"), pursuant to that certain Company Performance Agreement between the Local Government, R'TG Furniture Corp, of Georgia (the ''Company''), Retail Management Services Corp., Rooms to Go Distribution Company LLC and SE Independent Delivery Services, Inc. (the "Related Members"), dated as of June 26, 2013 (the "CPA"), and that certain Local Government Grant Agreement between the Local Government and the DOC, dated as of June 26, 2013 (the ''LGGA," and, together with the CPA, the "Agreements''), All capitalized terms not otherwise detlned herein have the meaning ascribed to them in the Agreements, The Local Government hereby certifies to the DOC that it: (i) has provided flmds and/or rt!sources for the Project pursuant to the Local Government applicatkm to the DOC and the terms of the LGGA, in the amount of-~---~-----~-----~--~-,,,,,,,.,,,,,,.,,,,,,,,,_ ($, ), an amount that is at least equal to the amount of the disbursements that have been requested under the LGGA; (ii) has provided such funds and/or resources in the 1bllowing form:, ___ ,, __ (iii) has attached true and correct copy of documents evidencing its expenditure of the amount specified in (ii) above for the purposes specified above~ (iv) will submit proof of receipt, deposit, and proper disbursement of the disbursed DOC funds, to the DOC. within thirty (30) days: and {v) it is in compliance with all of the terms and conditions of the LGGA, and aftirrns the representations. warranties, and covenants contained therein; and One .\:(" Lot;'tll (lot• Disburs.mwtt l?equest RJG Furnilllre Corp, ojlieorgm llarrum Cmmty ('mnpm~y; Related Members, Retained Jobs; Ne1v Jobs Flmrt f.J.lJ (vi) to its best knowledge and belief, the Company's Disbursement Request accompanying this certification is accurate, the Company is eligible to receive funds from the Grant in the amount specified herein, under the terms nf the CPA. and the Local Government is not aware of anything that would make the Company ineligible for these funds. This certification shall be deemed to be made a part of the LGGA and is incorporated therein, and governed by its terms and conditions, Upon execution of this certit1cation. the Local Govemment accepts its terms, effective on the date indicated above. and fhrther certlftcs that the official signing below has been duly authorized to execute this certification by the Local Government's governing b<>dy. and the agreements and certifications contained herein are legally valid and binding on the Local Government (Official Seal) A'I'rES'r: County of Harnett (Local Government) Authorized Official 2 One NC L<Jcal CltJv DI~\·burst>ml!/1f l?t~tJUi!JI R1rt F'urntture Corp. t!/VI!t)f'gw flameu County Company,' Rehlled Members, l?etained Jobs; Sew Jobs Form J -1-11 ' COMPANY PERFORMANCE AGREEMENT THE ONE NORTH CAROLINA FUND STATE OF NORTH CAROUNA COUNTY OF WAKE This Company Performance Agreement (the "CPA''), effective the 261lr day of June, 2013 (the ''Effective Date''), by, between, and among RTG Furniture Corp. of Georgia. a Florida corporation, do business in North Carolina (the "Company''), Retail Management Services Corp,, a Florida corporation, Rooms to Go Distribution Company LLC a Delaware limited liability company, and SE Independent Delivery Services. fnc., a Florida corporation, authorized to do business in North Carolina (the ''Related Member Parties"). and l1amett County, North Carolina (the "Local Government," and, together with the Company and Related Member Parties. the "Parties'')~ WHEREAS, the Local Government has applied for a One North Carolina Fund grant from the North Carolina Department of Commerce {the "DOC''); and WJIF:REAS, a One North Carolina Fund grant award in the amount of Two Hundred Thousand Dollars l$200,000.00) (lhe '"Grant''l ha-; been negotiated and agreed to by DOC and the Parties; and WHEREAS, the Grant has been approved by DOC for disbursement to the Local Government pursuant to the terms of the One North Carolina Fund I.,ocal Government Grant Agreement between the Local Government and the DOC (the ''LGGA"l; and WRI<:REAS, the Grant is to be used by the Company toward the goal of creating two hundred twenty (22(}) new jobs tthe ·'Target New Jobs") which shall be permanent full-time jobs (each, a ''New Job"). and Forty Thousand Dollars ($40,000,000,00) {the "Target Investment'') in new investment in the State t)f North Carolina: and WHI':REAS, the Related Member Parties win be responsible for some of the performance required by this CPA and the benefits thereof are defim.'d solely between the Company and the Related Member Parties: and WHgREAS, the Company and Related Member Parties hav represented that the Grant is necessary to enable the investment and .. )ob creation by the Company and Related Member Parties to occur and g<l fbnvard in North Carolin~ and WHEREAS, the Grant will enable retention of one hundred eighty ( 180) permanent full time jobs (the "Retained Jobs"), which is the total number of positions the Company maintained in North Carolina prior to the Effective Date; and WHEREAS, the Grant will stimulate economic: activity and create new jobs for the cltirens of the State ofNort11 Carolina: and -l - Onl! l\C Companr Pe~/ormance Agreement RTO Furmture ( 'orp r~f Georgia ( "ompany;· Related Memher:s, Retmnr:d Jo/1.1·;· !Vew Jobs Parm 9-1-11 WHEREAS, the Grant is issued pursuant to and subject to the terms ofN.C\ Gen" Stat. § 143B-437.70 et seq. and the Guidelines and Procedures for Commitment of Funds from the One North Carolina Fund {the "Program Guidelines''); and \'t'IIEREAS, pursuant to, inter alia, rLC Gen. Stat§ 143B-437.07 and G.S. 143B-437.72{bJ, as these statutes may be amended from time to time. the DOC is required to submit regular reports to the North Carolina General Assembly reg!l!ding operation of the One North Carolina Fund and the perfom1anee and funding requirements for each One North Carolina Fund grant a\varded; NOW, THEREFORE, in consideration of the representations set forth above and the mutual covenants and promises set forth below, the Company, the Related Member Parties. and the Local Government hereby agree as follows: 1.0 PERFORMANCE CRITERIA fn order to be eligible for the full amount of the Grant the Company must f\tlfill the following requirements: I. 1 The Company and Related Member Parties shall undertake and operate in a timely manner the following project at the following location (the o<Projcct''}: A location of a warehouse, distribution center and retail showroom (the "Facility") at which the company will assemble packaged furniture set.-; for home delivery located in or around Dunn, Harnett County, NortJ1 C!i!olina. Required Performance Criteria such a11 Job creation and investment may be performed by either or both of the Company and Related Member Parties, which both agree to be bound by the obligations set forth herein, in re,spect thereof. provided however. all Grant payments shall be made to the Company only, as the sole entity eligible to receive Grant payments, 1.2 The Company and Related f\fember Parties shall maintain their current operations at their facllltles in North Carolina and a base level of the number of required Retained Jobs in N()rth Carolina, in addition tn any New Jobs to be created as part of this CPA. I J fhe Company, together with the Related Member Parties, if applicable, shall make good faith el1ort<> to crente and maintain l.he Target New Jobs as part of the Pmject, as described in the Company's applicatitm to DOC tthe "Company Application''). The New Jobs must be tilled hy employees hired forthe Prqject on or after the Etlective Date who work for at least thirty-five {35) hours per week, and whose wages are subject to withholding under Article 4A of Chapter lOS of the General Statute. Independent contractors. consultants, seasonal and temptlral)' employees are not to be included as New Jobs, The period which the Company will be eligible for a Grant disbursement shall commence on the earlier of April l, 20 l 5 or the date of issuance of a Certificate of Occupancy lbr the Facility (the ''('0"} (the "Grant Commencement Date'") and shall end t if perfommnce has not been achieved earlier) on the eatlier of April I , 20 18 or three ( 3) years from the date of the issuance of the CO (the "'Closing Date''), The perind between the Grant Commencement Date and the Closing Date is the "Grant Period", The Company shall deliver a copy of the CO to the DOC and the .Applicant within two (2) weeks of its issuance. tn order to be eligible for the full amount of tfu~ Grant. the Company must create one hundred ninety eight { l <:l& 1 -2- (,)ne Sf' ('ompuny Perforrmmce ,1Wt'ement RUi Furniwre Corp. <1{(ietJrraa ( 't,mpany, Nelate<i Mumhc:rs; Ri>tatntd iflhs: \iew Job.¥ Form 9-f,fZ New Jobs (the ''Required New Jobs"} (90% of the Target New ,Jobs), by the earlier of April I, 2018 or three(3) years from the date ofthe issuance ofthe C'O (the "Closing Date"). The New Jobs will be new jobs and cannot be existing North Carolina positions or employees of the Company or the Related Member Parties or any of their related members or affiliates that are transferred or shifted such that a previously existing North Carolina job. or a North Carolina job that was not previously part ofthe Project, is counted towards performance under this CPA. l A The average weekly wage of the group of all permanent full-time jobs at the Facility, including the New Jobs. will equal C!r exceed Four Hundred Ninety Two Dollars ($492~00) per week (the "Wage Standard")~ 1.5 The Company and Related Member Parties shall provide health insurance for all pem1anent full- time employees at the Facility, including the New Jobs., in at least the minimum amount required for eligibility for tax credits under 1\rticle JJ in N.C Gen, Stat§ 105-129,83(d), 1.6 The Company. together with the Related Member Parties. if applicable, shall make good faith efforts to make the Target Investment in the form of privately funded investment in real property and/or machinery and equipment a.<> part of the Project, and must invest at least Thirty Six Million Dollars ($36.000,000.00) by the Grant End Date (the "Required Investment") (90% of the Target Investment) .. L7 The proceeds of the Grant may be used only to offset statutorily qualifYing expenses as set out in N.C Gen, Stat. § l43B-437.7Hb) (''StatutorUy Qualifying Expenses")~ Those expenses are installation or purchase of equipmen~ structural repairs, improvements. or renovations to existing buildings to be used for expansion~ construction of or impmvements to new or existing water. sewer. gas or electric utility distribution lines or equipment for existing buildings Clr for new or proposed buildings to be used for manufacturing artd industrial <)perations; or such other expenses as specHkally provided for by an act ofthe General Assembly. L8 Release of any Grant funds under this CPA is contingent on the Company providing verification that the Project has received all of its required environmental pennits. 2.0 DISBURSEMENTOFGRANT 2. l Proceeds of the Grant up to a total amount of Two Hundred Thousand Dollars ($200.000.00} will be disbursed hy DOC to the Local Government in four installments based on creation and maintenance of the New Jobs and satisfru.1ion of other performance criteria set out in Section 1 .0 above (''Performance Criteria")~ The number of New Jobs to be counted shall be determined as provided in Paragraph 6.1 hereof< At the time of any requested disbo.rsement, the Company artd. as applicable, the Related Member Parties. must certifY their performance by submitting a duly executed disbursement request and certification in the tbrm of Exhibit A hereto (the ''Company Disbursement Request'·), and the Local Government must submit a duly executed disbursement request and certification in the ftmn of Exhibit A to the LGGA (the ''Local Government I>isbursemcut Request"), Disbursement wlll occur on the following schedule and will be subjet1 to any adjustments required by this CPA: ., -;>- One ( ~ompmtl' l'er(orm£1n('l' i1greemrmt RTG Furmture Corp. of<Jem<f!ia Compww; Related Alemhers,· l?eramecl Jt>hs. New .lohs Form '1-/-12 a. The first twenty-five percent (25'lco) of the Grant will be disbursed to the toea! Government upon proof that the Company and Related Member Parties, if applicable. have together (i) maintained !OO'VIl of the Retained Jobs; (ii) created and retained not less than twenty-five percent (25°/o) ofthe Target New Jobs ti.e .• 55 New Jobs). {iii) satisfied the Wage Standard and health insurance requirements: (iv) invested the amount to be disbursed in Statutorily Qualit)dng Expenses, and (v) obtained all required environmental permits. b. rhe second twenty-five percent !25'lo) of the Grant will be disbursed to the Local Government upon proof that the Company and Related Member Parties, if applicable have together (i) maintained IOOt!,h of the Retained Jobs: (ii) created and retained not less than fifty percent {50tJ'll} of the Target New Jobs (i.e .• 110 New Jobs}, (ilil satisfied the \Vage Standard and health insurance requirements; and (iv) invested the amount to be disbursed in Statutorily Qualitying Expenses. c. The third twenty-five percent t25%} of the Grant will be disbursed to the lAICal Government upon proof that the Company and Related Member Parties, if applicable, have together ! l) maintained 1 00"'1' of the Retained Jobs; { ii) created and retained not less than seventy-five percent (75°,'lJ) of the Target New Jobs (Le., 165 New Jobs!. tiiD satisfied the Wage Standard and health insurance requirements: and (iv) invested the amount to be disbursed in Statutorily QualifYing Expenses. d. The final twenty-five percent (25'%) of the Grant will be disbursed to the Local Govemment upon proof that the Company and Related Member Parties, if applicable, have together (i) maintained IOU% of the Retained Jobs; (iil created and retained the Required New J()bs. Oill satisfied the Wage Standard and health insurance requirements: (iv) made the Required Investment. and (v) invested the amount to be disbursed in Statut()rily Qualifying Expenses. The Local G<rvernment will submit or cause to be submitted to DOC each Company I)isbursement Request and Local Govemment Disbursement Request, upon proof of the creation of the required number of New Jobs and the satisfaction of all other Performance Criteria necessary ~Jr disbursement F<>!Jowing receipt of Grant funds fmrn DOC the Local <1ovemment will disburse fhnd!l to the Company~ The Company may qualify for disbursement of multiple installments on a single date, Should it become necessary for a job created after the Effective Date to be counted by the Compan~' a.s a Retained Job for purpost"S of establishing the base level of jobs required to be maintained by this CPA, that job may not be double~cotmted as a New Job~ ( Jne ( 'omp(lnv Performance .. fgreti!U.'nf R 11 i Furmture r ·nrp ( 'nmpany. Ri!latrd A.femhtrr~.: Ri!taml'd iohs: Vew ri1mt ').f.J.? 2.2 DOC wlll close out the Grant on the first to occur of: (i) The date as of which DOC shall have received and accepted proof reasonably satisfactory to it that the Projecf has been completed and the Performance Criteria satisfied. t ii} The Grant End Date. ("Closeout'} Following Closeout, to the extent any Grant proceeds may be due and upon submission of duly completed Company Disbursement Request and Local Government Disbursement Request, a final Grant payment will be disbursed. A request for final payment, if not made previously, must be made to DOC within thirty (30) days following the Grant End Date, provided, however, that if the ('ompany has completed performance and become entitled to a final disbursement of funds under Paragraph 2Jd of this CPA, during any time earlier in the Grant Period, the Company must submit a completed Company Disbursl:lment Request and Local Government Disbursement Request within one year from the date of completed performance (but in no event later than thirty ( 30) days tollowing the Grant f:nd Date) or forfeit the disbursement 3.0 OBLIGATION TO REPAY GRANT 3. I Failure to Provide Health Insurance, If, at any time during the Grant Period or during the period set forth in Section .:'LO hereof: the Company or Related Member Parties fail to provide health insurance to all permanent full-time employees at the Facility in the amount required for eligibility for tax credits under Article JJ in N.C. Gen. Stat § l 05-129.83( d), the Company will be in default under this CPA and will reimburse DOC the total an10unt of the Grant previously disbursed in accordance with this CPA. 3.2 ('easing Project Operations. !fat any time during the Grant Period or during the period set t'orth in Section 5.0 here•l( the Company substantially cea-ses operations at the Facility. the Company shall immediately repay alt Grant funds previously disbursed in accordance with this CPA, 33 Failure to A~hieve Wage Standard, If. at any time during the Grant Period or during the period set forth in Section 53) hereof, the average \\>'eekly wage of the group of all permanent fitll-time jobs at the Facility fails to equal or exceed the Wage Standard, the Company will be in default under this CPA, no further disbursement will be made, and the Company will reimburse DOC the total amount of the Grant previously disbursed in accordance with this CPA. JA Failure to Maintain Retained Jobs. If during the Grant Performance Period, the Company fails to retain at least l00°!o of the Retained Jobs. the Company will be in defillllt under this CPA and the Company andfor will reimburse DOC the total amount of Grant funds previously disbursed. 3,5 Other Failures to Comply. The Company may be required to reimburse Grant funds previously disbursed for failure to comply with Paragraphs 6A and 6.16 hereof: or as provided in Paragraphs 4.1 and 53 hereof. -5- 0•11! SC Company Perfnrmance Agteemtlll RTG Furmture Corp. ol( ieorgra Compmtv; Relatr?d l>lembe1~~; Retatm~d Johs; New Job:r Form fi-1-12 3.6 Recoverv of Costs, If the Company fails to reimburse any amount payable hereunder, on demand, the Local Government and DOC may recover the costs of collection to obtain recovery. from the Company, including reasonable attorneys· fees. 4.0 ADJUSTMENTS TO GRANT AT CLOSEOUT 4.1 If Closeout occurs on the Grant End Date and the Company, together with the Related Member Parties. If applicable, have failed to create and retain the Required New Jobs, has failed to make the Required Investment, or has failed to invest an amount equal to 100% of the Grant in Statutorily Qualifying Expenses, the amount of the Grant shall be reduced to the smallest of the following amounts (the "Adjusted Grant"):. a. The amount obtained by multiplying the Grant by a fraction the denominator of which is the Required New Jobs and the numerator of which is the number of New Jobs actually created and retained as of that date, as expressed in the following formula: A<tlusted Grant Original Grant Amount x l,\lew Jobs Actually Created and Retained Required New Jobs b. The amount obtained by multiplying the Grant by a fraction the denominator of which Is the Required Investment and the numerator of which is the investment actually made as ofthat date. as expressed in the following formula: Adjusted (irant Original firant Amount x Investment Actually Made Required Investment c. The amount the Company has spent on Statutorily QualifYing Expenses 42 To the extent the amount of tbe Adjusted Grant is less than the amount that has been previously disbursed to the Company, the Company .!>hall reimburse DOC for the difference between the Ad}m>ted Grant and the amount prevlousiy disbursed. 5.0 OBUGATIONS BEYONDCI,OSEOliT 5J If Closeout occurs on or before the date that is exactly one year prior to the Grant End Date, the Company and Related r>.femher Parties will maintain at least ninety percent (90%) nfthe number ofNew Juhs in place at Closeout for two (2) years atler the date of Closeout 5.2 If Closeout occurs after the date that is exactly one year prior to the Grant End Date, the Company and Related Member Parties will maintain at least ninety percent (90%) of the number ofNew Jobs in place at CltlScout until the date that is the :me year anniversary following the Grant End Date. 5J If the Company and Related Member Parties fall to maintain at least ninety percent (90'!"ol of the number of New Jobs in place at Closeout for the required time period following Closeout, as specified in Paragraphs 5.1 and 5.2 hereof, the Company will be in default ofthls CPA and shall One ,\C r·ompanv Performance Agreement R fG Furmtun: ( 'nrp.. of<ieorgm t··nmpany. Related ,'./embers. l?.etamed .Johs; ..'Vew .k;h.f Form 9-/-l;? reimburse to DOC the total amount ofthe Grant funds previously disbursed in accordance with this C'PA, 6.0 ADDITIONAl, PROVISIONS 6. 1 The Company and Related Member Parties shall provide to DOC and the Local Government all documentation deemed necessary by DOC or the Local Government to verifY Retained Jobs, and creation and retention of New Jobs, salary levels, health insurance, investments, Statutorily Qualifying Expenses, environmental permits and other Performance Criteria specified itt this CPA, including copies of the N.C Department of Commerce Division of Employment Security Employer's Quarterly Tax and Wage Report ("NCLI! ton, a list of all positions used in accounting for the Grant and the names of the individuals filling those positions, The threshold numbers of New Jobs created for the Company to be eligible for disbursements under Paragraph 2.1 hereof, shaH be measured hy adding the three figures that represent the average number of New Jobs (calculated after deducting the required number of Retained Jobs ) that have been created during the Grant Period and have been retained during each of the three months of the quarter reported in the Company's and!or Related Member Parties' NCUI lOis, and dividing that sum by three, or in such other manner determined by the DOC to reasonably reflect New Job creation, Tb~ Company and Related Member Parties sbaU not include in such count, any temporary, seasonal, contract, or part~time employees, employees that were hired prior to the Effective Date, or employees that were hired from any affiliates of the Company or Related Member Parties in North Carolina, even if those employees are included in their NC(JI tOts. The Company and Related Member Parties shall each certify bow many oftbe employees listed on their NClll lOts, respectively, in each month qualify under the definition of Retained Jobs and New Jobs. F'or verification of Required Investment, the Company shall provide a fixed asset report and any other documentation requested by DOC The Company's and Related Member Parties' compliance with the job creation and/or retention. investment, Statutorily Qualifying Expense, environmental permit and other Performance Criteria set out in this <~~PA shall be attested to under oath by an officer of each of the Company and Related Member Parties. 62 By not later than Febmary I tlf each year during the Grant Period (and with respect to Paragraph 62A, through the later ofFebruary 1 following the date established pursuant to Paragraph 5 hereof or the date on which the Local Government provides the tinal funds that would bring the local matching contribution to the level provided by the Grant!, the Company must submit the following to the DOC'. in the form ofE:xhibit B hereto: A. a copy of the Company~s fourth calendar quarter perfnrmancc (ending December 31) NCUI 10 I for the previnus calendar year. containing all information required by Exhibit B (KC Gen"Stat §143B-437.0n R a statement indicating whether the Company expects to have completed Perf~>rmance Criteria sufticient w request a disbursement during the upcoming state fiscal year (July l through June JO)c Failure to identifY the expected perfbrmance over the coming fiscal year may result in ineligibility for a disbursement during that period. or may limit the amount of disbursement available to the ('()mpany during the upcoming fiscal year, (N.C Gen, Stat § l43B- 437.12{b)(6b}). One XC Compuny Pe~ji!rnmncc Agreemmt Rlr; ,, ltrmture < 'orp .. of'( ieorgm f 'ompany: Hl!latrd Mrmber:r,· Retamed .Jobs: .Vew Johs Form 9-l"/2 6.3 lf unforeseen calamity, an Act of God, or financial disaster is the cause of the Company's failure to satist'y or perform its obligations under this CPA, the Company and the Local Government may request an extraordinary modification of this CPA from the Secretary of DOC (the ··secretary''). The Parties agree that any decision to allow such modification shall be at the sole discretion of the Secretary, that such modifications are rarely, if ever, granted. and that the Secretary's decision regarding any e.xtraordinary modification shall be final and not subject to review or appeal. 6.4 The Company and Related Member Parties shall keep and maintain books, records, and other document'> relating to the receipt and disbursement of the Grant and fulfillment of this CPA, including, but not limited to, records to verifY employment, salaries, health insurance, investment amounts. Statutorily Qualifying Expenses and environmental permits, Subject to any applicable federal or North Carolina laws or regulations respecting employee privacy, the Company and Related Member Parties each agree that any duly authorized representative of the Local Government or the State of North Carolina, including the DOC the Office of the North Carolina State Auditor, and the Office of State Budget and Management shaH, at all reasonable times and on reasonable notice, have access to and the right to inspect, copy. audit, and examine all of the relevant books, records, and other documents relating to the Grant and the fulfillment of this CPA throughout the Grant Performance Period and for a period of six years thereafter, lfthe Company or Related l\Iember Parties fail to keep and maintain books and records necessary for veritying t\tlfillment of this CPA, including. but not limited to, adequate records for the verification of employment, salaries, investment amounts, Statutorily QualifYing Expenses and environmental permits. or if the Company or Related Member Parties fail to provide access and right of inspection sufficient to verifY compliance with this CPA, the Local Government or the Secretary, as applicable, may in its or his discretion declare this CPA to be in default, withhold payments for or under this CPA or the L,GGA, andlor require reimbursement of all or any portion of the Grant previously paid, The Company and/or Related Member Parties shall provide any infbrmation DOC requests in \1rder to produce reports or compile clata required by the General Assembly, 65 To the extent any lnfbrmation or document<> gathered by or provided to the Local Government or the DOC would be regarded as confidential or not su~ject to disclosure under federal law or the North Carolina General Statutes (including. without limitation. N.C Gen, Stat. §§ 132-1 tH seq., commonly refl:med to as the "Public R~cords Acf'l the Company or Related Member Parties. as applicable, shall clearly identifY and mark them as such and that information will, to the extent allowed by law, be treated as confidential and not subject to disclosure by the Local Government and DOC and their authorized representatives, The Company and Related Member Parties have read and understand North Carolina's laws regarding the treatment of public records and confidential information, including without !imitation, tht)Se proviskms set forth in Exhibit C The Company and Related Member Parties shall be responsible for any and all costs, expenses, fees. or losses that they or the Local Government or DOC or any other State entity may incur as a result of responding to {)r resisting any request, subpoena, legal complaint, court order, or other demand seeking to compel such party to release or disclose records, documents, or information -8- Onl! Cnmpanv Performance ,·lweement R71i Furmture Corp. lif<leorgta ( 'ompanv; R.:lmed Members,, l?etamedJobs; New Johi Form 9-1-12 pertaining to the Company or Related Member Parties, to the extent that the Company or Related Member Parties notified the State entity that they object to such disclosure or release and the State defends against such release; and the Company and Related Member Parties shall indemnify the Local Government, DOC, and State entities and their authorized representatives for all costs associated therewith, provided that, no such indemnified party shall be obligated to take any such action, 6.6 Notwithstanding anything herein to the contrary, the Parties acknowledge the due execution of the LGGA and agree that any conflict between the provisions, requirements, duties, or obligations of this CPA and the LGGA shall be resolved in favor of the LGGA. The Parties further agree that any conflict between the provisions, requirements, duties, or obligations of this CPA ~and any program documentation for this Grant other than the LGGA shall be resolved in favor of this CPA, 6. 7 The Company and Related Member Parties acknowledge that none of the North Carolina operations owned by the Company or Related Member Parties nr of any related entity or affiliate shall be curtailed as a result of the Project. 6.8 The Company and Related Member Parties shall perfonn and abide by all commitments they made in the Company Application, except as otherwise expressly stated herein. The Company and Related Member Parties affirm their commitments made in the Company Application, artd the commitments contained therein are incorporated herein by reference, as if set out in fulL The Parties agree that any conflict between the provisions of this CPA and any commitments made in the Company Application to the DOC shall be resolved in favor ofthis CPA. 6.9 The Company and Related Member Parties Indemnify and hold harmless the Local Government, DOC and State entitles. and their respective members, officers, directors. employees, agents and attorneys (hereinafter collectively referred to as "lndemnitied Parties"), from any claims of third parties arising out of or any act nr omi:>sion of the Company and/or Related Member Parties in connection with the performance of this CPA. and for all losses arising from implementation of this CPA. Without limiting the generality of the foregoing, the Company and Related Member Parties release the Indemnified Parties from, and agree that such Indemnified Parties are not liable for, and agree to indemnifY and hold harmless the lndemnitied Parties against, any and all liability or loss, cost or expense. including, without limitation. reasonable attorneys' fees, fines, penalties, and civil judgments, resulting from or arising out of or in connection with or pertaining to. any loss or damage to property or any injury to or death of any person occurring in connection with t)r on or about the Facility, or resulting from any defect in the fixtures, machinery, equipment, or other pmperty used in cmmection with the Project l)r arising out of. pertaining to, or having any connection with, the Project or the financing thereof l whether or n(lt arising out of acts. omissions, or negligence of the Company or Related Member Parties, or any of their agents, contractors, servants, employees, licensees, lessees, or assignees). Each Indemnified Party is an express. third party beneficiary of the Company's and Related Member Parties' obligations under this Paragraph. 6. I 0 The representations made by the Company and Related Member Parties in the Company Applicrulon or as part ofthe application process are incorporated herein by reference and deemed by the Parties to be material to this {])A, The Company and Related Member Parties affirm these representations .. The Parties agree that any conflict between any representations contained in this CPA and those representations contained in the Company Application or made a.s part of the One North Carolina Fund application process shall be l'esolved in favor of this CPA. Ont• .vc· Cml!patt~· P<!~/ormance Agre.·ment R It; Furmture Carp. ofGeorgw f 'ompmw l?!!lated Members.· Retamed .lohs: .Vt•w Jobs F£mn 9-1-1:? 6.1 t The recital~ are an integral part of this CPA. 6.12 If the Company or Related Member Parties have an overdue tax debt owing to the State of North Carolina, as defined in N.C Gen. Stat § 105-243,1 no payments will be made under this CPA or the LGGA until that tax debt has been satisfied. If an overdue tax debt goes unsatisfied by the Company or Related Member Parties, for more than one year, this CPA may be declared in default and terminated at the direction of DOC.. 6.13 The Local Government's obligation to make disbursements to the Company under this CPA is contingent upon the Local Government's receipt under the LGGA of the necessary disbursements from DOC, which are, In turn. contingent on appropriation, allocation and availability offunds for the Grant to DOC. 6.14 This CPA constitutes a legally enforceable contract and shalt be governed and construed in accordance with the laws of the State of North Carolina. The Parties agree and submit. solely for matters concerning this CPA~ to the exclusive jurisdiction of the courts of North Carolina and agree, solely for such purpose, that the only venue for any legal proceedings shall be Wake County. North Carolina, The place of this CPA, and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity. construction. interpretation, and enforcement. shall be determined. 6.15 The Parties agree that the State of North Carolina Department of Commerce is a third party beneficiary of this CPA and may. at its option, enforce the terms of this CPA or appear as a party in any litigation concerning it or the Grant 6. 16 The Company and Related Member Parties shall comply with all applicable federal. state, at'd local1aws and regulations. If the Company or Related Member Parties fail to comply with any law or regulation applicable to it, the Secretary may, in his sole discretion, tenninate the Grant and declare that no future Grant disbursement shall be due and payable and/or require the Company to reimburse DOC all or part of any Grant funds previously disbursed following the date of any such violation, The Secretary may determine, in his sole discretion, that where the Company or Related 1\fember Parties are under investigation for an act involving violation of federal. state, local law or regulation, lndud\ng an unresolved environmental violation, Grant funds be withheld until such time as a determination of culpability or liability is made, and, if the Company or Related Member Parties are dcterntined to be in violation. the Grant may be terminated and the Company may be required to reimburse the DOC for all or part of any Grant funds previously disbursed. If such investigation is not concluded within two {2) years of the Grant End Date, the DOC may terminate the Grant. 6.17 Failure of the Local Government ()r DOC at any time to require performance of any term or provision of this CPA sba!l in no manner affe(..i the right"> of the Local Government or DOC at a later date to enforce the .same or to enforce a11y future compliance with or performance of any of the terms or provisions hereof: Nn waiver of the Local Government or DOC of any condition or the breach of any term. provision or representation contained in thls CPA, whether by conduct or otherwise. in any one or more instances. shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach \)f that or any other term, pmvislon nr representation, -10- One ,VC ('ompm(r l'e:~ti1rmanr:e Agreemem RU; f<l1rmture ( 'orp, of< htorgia ("mnpaJ~V, Related Membel~'>," R~trauwd Jobs; Xew Jobs F!ll'm 9-1-12 6J8 The Company and Related Member Parties are encouraged to utilize the services of North Carolina small businesse.<; and minority, female, and disabled contractors, to offer positions in connection with the Project to North Carolina residents, and to use the North Carolina state ports when reasonable and commercially practicable. 6lQ ln addition to any rights and remedies provided to the Local Government and DO(' by law, DOC has the right, without prior notice to Company or Related Member Parties, any such notice being expressly waived by Company and Related Member Parties to the extent permitted by applicable law, upon the occurrence of any event herein which would result in the Company's obligation to repay some or all of Grant monies disbursed hereunder (including without limitation Section 3, 4 and 5 hereof), to set-off and apply against any amounts due hereunder, any amount owing from DOC or the State to the Cvmpany or Related Member Parties, This Grant award shall terminate and be null and void on September 15, 20t3 if by that date the Company bas not delivered back to the DOC, two originals of this CPA, duly executed by an authorized officer of each of the Company and Related Member Parties. and attested in the manner provided below. Th~ Grant ls also subiect to the requirement that the l,ocal Government deliver to the DOC, one original each of the LGGA and this CPA, duly executed by an anthortr.ed official of the Local Government, within sixty (60) calendar davs 1 l\ \ j following the date on which the DOC sends the LGGA and CPA to the l,ocal Government, '11\) eA 'l' together with a copv of the agreement with the Company g<werning the local incentives to be • l "'\ \ provided for tbe Proiect. 0 t~ \# / g.-t::::::---- Cfie, l ~ l td.hl# 'J' ov~ IN WITNESS WHEREOF. the Company. the Related Member Parties, and the Lc)cal Government have executed this Company Performance Agreement. effective as t)fthe day and year first written above~ This CPA is executed under seal for purposes of any statute of limitations, Approved and Aecepted: !Oflicial Sean ATTEST· Cieri<; County of Harnett (Local Government) l~y: Name: Title: Date: One S< ' ( 'runptmv P,:rtimmmce .. twumem I? Jl'j Furmturl! f 'orp. r~lt 1.rarg£a < 'nmpmry, Relate·d Members; R,uamed,Jnbs, \'ttll .h~bs l'Orm 9-1-12 Insert llA to Company Performance Agreement for The One North Carolina Fund for Rooms ToGo 6.21 It is acknowledged and agreed that:. (I) the covenants and agreements in this CPA by the Company and the Related Member Parties that are related to (i) the retention of Retained Jobs, (ii) the creation of New Jobs, and (iii) the prohibition against the curtailment of other business operations in North Carolina (collectively, the ~~operational Covenants") are solely intended as conditions of the award of the Grant contemplated by this CPA; and (II) multiple foreseeable and unforeseeable business and economic forces, events and considerations may impact compliance with the Operational Covenants, Therefc,re, the sole remedy for a failure to comply with the Operational Covenants shall be limited to the forfeiture or repayment (as applicable) of all or a portion of the Grant, as provided for in this CPA. Notwithstanding the foregoing, this Section is not intended to limit and does not limit any available remedit•s under this CPA for any failure to comply with the covenants or agreements in this CPA that are not included in the Operational Covenants, including, without limitation, the rights and remedies under this CPA if the DOC is required to commence an adion against the Company and the Related Member Parties for the repayment of all or a portion of the Grant, indemnification or access to records .. ·11A- {0001883l.DOClC2j !C't::~rporate Seal) ATTEST: Date: ...... ___ J.D/"ljJ J Secretary ! .. · ... ·.·.·"" .... '.~.·.· .~'!:: 'otary Public of said State and County. do hereby certifY that :~ (the "principal") personally appeared before me this day, and/or (l) I have personal knowle he identity of the principal, and/or (ii} I have seen satisfactory evidence ofthe principal's identity, by current State or Federal identificatit1n with the principal's photograph, and such rh::~~~~:~~,:::; ~:.~:~;·, ... volunlarily ··~~~the •. onegoi.ng d~{~·.· e pu. L NtU!ry u 1gnature , ::J~,;~.~~J~_:tLJ'Ylt~ ~ Notary Printed or Typed Name .-·1t· Witness my hand and official seal or stamp, this _ Lday of (Official Seal or Stamp) MyC'ommissionexpireson .~(J~ 2J\ -12- Om~ .\t' ( 'ompany Performam:~! :1guemmr RH.t f'urmture Corp. of Ueorgta Companv: Related Memb11rs.· R.:tmnrxiJobs: Xe:wJohs Form 9-1-12 (Corporate Seal) ATTEST: Secretary Retail Management Services Corp. (Rclat Member Party) "'*-'"' By:, Name:,_~ Title: ..... . i\ uthorized (" orporate Date: ····w···l0/1JJ1 .. No • Public of said State and ('ounty, do hereby certifY that __ _(the "principan personally appeared before me this day. and/or (i! I have personal the identity of the principal, and/or ( ii) I have seen satisfactory evidence of the principal's identity, by current State or Federal identification with the principal's photograph, and such principal acknowledged ttl me that he or she voluntarily signed the foregoing document for the purpose therein and in the capacity indicated. ~ i'' /' Witness my hand and official seal or stamp. this (Official Seal or Stamp) .. • • Ill< ql (:•," ,. t/' \\ }%...._#,'$;.~~ Not!l.P' Public Signatuw··- .·.Ji;;~-{~_,,tt_ .• : Notary Printed or Typed Name ... day of .. at 20 .. 1~::1 My Commission expires -13- rJne-.. W" ('ompuny Per/fmmmc.: Agrt!t:flll!lil IU~; Furmtur#! Coq>. ofUt'or?;ia < 'umpany; Related Membu,r; Retmned Jolls,' .Vew Jobs Form()./-!:! (Corporate Sean , Secretary Rooms to Go Distribution Company Ll.C (Relater,e~ber_~a;) , .,. 'J: •. l_':~ Title: ............................ uJ! .. -. Authorized Corporate Officer Date: ........ -.... mf:t:/ .. 11 ....... ··--···- ·t'V1(!~ a Notary Public of said State and County, do hereby certlfy that -...l..-"""'-'~";:;'--'""""~· ..,.· ._;*...,DL:LJthe "principal'*} personally appeared before me this day, and/or {i) I personal knowled e of the identity of the principal, and/l)r {ii) I have seen satisfactory evidence of the principal's identity, by current State or Fede.ral identification with the principal's photograph, and such principal acknowledged to me that he or she voluntarily signed the foregoing document for the therein and in the capacity indicated. (Ofticial Seal or Stamp) My Commission expires em l..e ... ( 11, '20 -14- One .\(' ( 'mnpany Performance :lgr11ement lUG Furmture Corp. ~~/( re•twgta ( (mlpany; Related Members; l?etamed Job.s, .Vew Jobs Porm !J.f.J2 !Corporate Seal} i\TTE:ST: Secretary a Notary Public of said State and County, do hereby certifY that ~(the *'principal") personally appeared before me this day, and/or (il I Witness my hand and official seal or stamp, this J day of """"~'~""' One i\C ( 'ompan,v Performance Agreement RTU Furniture Corp, o{tieorgm Companv; Related Member,~; RetwnedJobs, i'iew Jobs Fnrm 9-1-l:J EXHIBIT A TO COMPANY PERFORMANCE AGREEMENT COMPANY DISBURSEMENT REQUEST AND CERTIFICATION WITH RELATED MEMBER PARTY Project No .. 2013-9599 RTG Furniture Corp. of Georgia tthe "Company") hereby requests that a disbursement in the amount of~······~···~····-···----··~·-~~·---·--·------ out dollar amount] ($ .-.J be made by the North Carolina Department of Commerce (the "'DOC') to the County of Harnett (the "Local Government''). pursuant to that certain Company Performance Agreement between the Company, Retail Management Services Corp., Rooms to Go Distribution Company LLC and SE Independent Delivery Services, lnc. (the "Related Member Parties''), and the Local Government, dated as of June 26, 2013 (the "CPA'') and that certain Local Government Grant Agreement between the Local Government and the DOC dated as of June 26, 2013 (the ''LGGA." and, together \Vith the CPA. the'' Agreements'·). All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Agreements. The Company hereby certifies that: (i} attached hereto is a true and correct copy of the Company's latest NCUI 101 form (or Multiple Worksite Report Form 3020, if applicable) filed with the State; and a copy of the NCUI 101 form (or Form 3020) filed with the State priQr to the expansion; (ii) it has retained ____ , __ Retained Jobs; (iii) it has created and retained New Jobs, 1 which are net new positions for the Company's operations the state, and no New Job (or employee) has been transferred from any existing North Carolina operations of the Company or any of its aftiliates: (iv) it has obtained all required environmental permits for the Project; This is determined by obtaining the average number of new employees over the quarter reported. The company should add the three figures that represent NEW JOBS ONL"Y during each of the three months of the quarter reported in the NCUl lOt and divide that number by three, DO NOT INCLUDE PART-TIME, TEMPORARY OR SEASONAL JOBS, OR JOBS THAT EXISTED PRIOR TO THE GRANT AWARD, BE PREPARED TO SUPPORT THIS NUMBER WITH ADDITIONAL DOCl.JMENTATION, fNCUJDING IDENTIFICATION OF INDIVIDUAL FULL-TIME EMPLOYEES AND THEIR WAGES. See Paragraph 6~ I of the CPA for guidance, One .vr ('omptmv D1shurse·me111 R&quest l?R1 Furmture ( 'orp. o/f i<?atgta. I! arnett C ~mmtv l ·om;:'Wtl': Related Members; l?etamed Johs; .\ew .Jobs Farm 9·1·12 ::: (v) it makes available health insurance to aH permanent full-time employees at the Facility in the amount required for eligibility for tax credits under the Article 3J {House Bill 2170 § I 05-129,83); (vi) attached hereto is a true and correct copy ofthe Company's fixed asset report showing a description, acquisition date and cost for each asset acquired, disposed of, or transferred from the date of the Grant: (vil) it has made some or all of the Target Investment in the amount of (viii) the proceeds of this disbursement shall be used only to off.set statutorily qualifying expenses as set out in N.C Gen, Stat§ l43B-437.7l(b) which have already been incurred by the company in the form is attached~ (x) it is in compliance with all ofthe terms and conditions ofthe CPA and affirms the representations. warranties and covenants contained therein: {xi) by not later than February l of each year during the Grant Period, and through the February t following the date established pursuant to Paragraph 5~0 of the CPA, it shall submit to the DOC an annual report in the form of Exhibit B to the CPA; (xii) it understands that if any of the certifications provided herein prove to be false or misleading in any respec~ it shall reimburse the DOC in the amount of this disbursement. and the DOC may pursue such other legal action as it deems appropriate: (xiii) it has received ---~-~~~"~"Jspec(ii• amount] from the Local Government in the form representing the L()cal Government's Match required for this disbursement. under the Agreements; and (xiv} it is not liable for any Overdue Tax Debt. as defined in N,C Gen. Stat §I 05- 243, l {a tax debt that remains unpaid 90 days or more after tina! assessment notice is sent), This is detennined by dividing the gross wages paid during the quarter to employees in New Jobs, by the average number of f'illl-time jobs tsee footnote I) and then converting that number to a per week average, which m\Ist equal ore:<ceed the wage :standard, if any, set in the CPA. 2 Om» :V(' Compww lhshursement Request JUG Furmture Corp. of(ieorgu7 flarnetl Crsun~v ( 'ompany,· Related Mt'111bers," Retmnti!d.lohs;· .'Vew Jobs f(mn 9-1··12 (xv) there is no fact or circumstance or interest about which the Company has knowledge that would conflict in any manner or degree with the performance of its obligations under the CPA, The Company represents. warrants, and certifies the truth and accuracy of the statements made herein, These certifications shall be deemed to be made a part of the CPA and are incorporated therein. and governed by its terms and conditions. (Corporate Seal) ATTEST: Si~nature Pages Follow tThree Relaled M.emhers) RTG Furniture Corp. of Georgia {Compauy) By:. __ _ Print Name: .... ~···········-·-··--····-·····-__ _ Title: .\uthorlzed Corporate Officer 3 Onr> W' Company illfbursement Reqii<'St Rl<.r F/frtttfllre t orp. rl6eor}lla ·· JJamett Coumy f 'ompanw Related ;\4emher~. Retamed Joh1, .\ew .Jobs Form 1J-J.f1 Related Member Party's Certification The Related Member Party represents. warrant'), and certifies the truth and accuracy of the statements made below~ These certifications shall be deemed to be made a part of the CPA and are incorporated therein, and governed by its terms and conditions~ 3 (i) attached hereto is a true and correct copy of the Related Member Party's latest NCUI 101 forrn (or Multiple Worksite Report Form 3020, if applicable) tiled with the State; and a copy of the NCUI l 0 I form (or Form 3020) filed with the State prior to the expansion; (ii) it has retained '''"'"'"-~,,,,,~Retained Jobs; (iii) it has created and retained New Jobs,3 which are net new positions for the Related Member Party's operations in the state. and no New Job (or employee) has been transferred from any existing North Carolina operations of the Company, the Related Member Party, or any of their affiliates: (iv} it has ubtained all required environmental permits for the Project (Company should cross out i{Refated lvlember Party does not have responsibilityfhr environmental p(~rmitting): (v) it makes available health insurance to all of its permanent full-time employees at the Facility in the amount required for eligibility for tax credits under the Article 3J (House Bill 2170 § 105-129,83)~ (vi) attached hereto is a true and correct copy ofthe Related Member Party's fixed asset report showing a description. acquisition date and cost for each asset acquired, disposed ot: or transferred from the date of the Grant (('ompar~v should cross out ifRelated lvfember Party's investmem is not applicable to this Grant): (vii) it has made some or all of the Target Investment in the amount of _" __ , ____ "'"'"'"'""'~-~-,~----,--------~--,---' (Company should cross out {!'Related Member Par()' is not making Required Investment) This is detennined by obtaining the average number of new employees over the quarter reported, The company sh(luld add the three figures that represent NEW JOBS ONLY during each of the three months or the quarter reported in the NCUI 101, and divide that number hy three~ DO NOT INCUJDE PART-TIME. TEMPORARY OR SEASONAL JOBS, OR JOBS THAT EXISTED PRIOR TO THE GRANT A WARD~ BE PREPARED TO SUPPORT THIS NUMBER WITH ADDITIONAL DOCUMENTATION, INCLUDJNG IDENTIFICATION OF INDIVIDUAL FULL-TIME EMPLOYEES AND THEIR WAGES, See Paragraph 6~ l of the CPA ft1r guidance, 4 One ,VC ( 'ompany {h,hur:~cment Requ<'-11 1?1'G f•urmture ('orp .. ofCieor~ut llameu C01mtv ( 'amp(tl~v,· l?elated Memhf!rS," !?t?tai~tedJobs~· iVe•wJoh.r Form 9-1·12 (viii) the average weekly \\'age of all of its employees in New Jobs, is$ ,-! (ix) it is in compliance with all ofthe terms and conditions ofthe CPA and affirms the representations, warranties and covenants contained therein; (x) by not later than February I of each year during the Grant Period, and through the February 1 following the date established pursuant to Paragraph 5.0 of the CPA. it shall provide the infiJrmation necessary' for the Company to submit to the DOC an annual report in the form of Exhibit B to the CPA~ (xi) it understands that if any of the certifications provided herein prove to be false or misleading in any respect. it shall reimburse the DOC in the amount of this disbursement. and the DOC may pursue such other legal action as it deems appropriate~ (xii) il is not liable for any Overdue Tax Debt as defined in N.C Gen, Stat § t 05- 243, l (a tax debt that remains unpaid 90 days or more after final assessment notice is sent): (xiii) there is no fact or circumstance or interest about \vhlch the Related Member Party has knowledge that would conflict in any manner or degree with the performance of its obligations under the CPA. (Corporate Seal) ATTEST· ----------··-~---~Secretary Retail Management Services Corp. (Related ~tember Party) Print Name:._ ......... -------- Titlc: .\uthorizcd Corpor;lte Officer 4 This is determined by dividing the grnss wages paid during the quarter to employees in New Jobs, by the average number of full-time jobs (see footnote 1} and then converting thai number to a per week average, which must equal or ex.ceed the wage standard. if any. set in the CPA. 5 One lVC ('ompany lli.rfmr.veml!nt Request R 1¥; Furmture Corp. c!ffleorgw Ilarnett County I "ompany; Related Memhers, Retamed Johs. ,V!?w Johs Form 9-1-12 Related Member Party's Certification The Related Member Party represents. warrants, and certifies the truth and accuracy of the statements made below, These certifications shall be deemed to be made a part of the CPA and are incorporated therein. and governed by its terms and conditions. (i) attached hereto is a tme and correct copy of the Related Member Party's latest NCUI I 01 form (or Multiple Worksite Report Form 3020. if applicable) filed with the State~ and a copy of the NCU I I 0 l form (or Form 3020) filed with the State prior to the expansion; (li) it has retained ··-··~"·······--···········~Retained Jobs~ (iii) it has created and retained New Jobs," which are net new positions for the Related Member Party's operations in the state. and no New Job (t)f employee) has been transferred from any existing North Carolina operations of the Company. the Related Member Party. ()r any of their affiliates: (iv) it has obtained all required environmental permits for the Project {Compan;v should cross out if Related Member Party does not have responsibility for environmental permitting): (v) it makes available health insurance to all of its permanent full-time cmpl()yees at the Facility in the amount required for eligibility for tax credits under the Article 3J (House Bill 2 J 70 § t 05-129~83): (vi} attached hereto is a true and correct copy of the Related Member Party's fixed asset report showing a description, acquisition date and cost for each asset acquired., disposed ot: or transferred from the date of the Clrant (Company should cross out ~~ Rehlled ,J.,fember Par~v 's investment is not appl icah!e to this Grant): (vii) it has made some or all of the Target Investment in the amount of ............. ~ ............... ~.~ ...... ~ ............... ~ .............. ~ .. ~-............. ___ .. ,..,, ....... ~....... ( Compw~v should cross out if Related Afember Party is not making Required Investment) ~ This is determined by (lbtaining the average number of new employees (Wer the quarter reported.. The company should add the three figures that represent NEW JOBS ONLY during each of the three months of 1he quarter repnrted in the NCUI lOt, and divide that number by three. DO NOT INCLUDE PART-TlME, TE~1PORARY OR SEr\:SONAL JOBS. OR JOBS THAT EX!STf:m PRIOR TO THE GRANT A WARD .. BE PHEPARED TO SUPPORT THIS NUMBER WITH ADDITIONAL DOCUMENTATION, INCLUDING IDENTIFICATION OF INDIVIDUAL H.iLL-riME EMPLOYEES AND THF.IR WAGES .. See Paragraph 6 .. I ofthe CPA tbr guidance. (} f Jnt> ,V( ( "ompm~v DJshiJr$1!1/lf!'nt Rt•qut.>l R ll i Furmrure ( 'nrp of'Gew'f(m flttntf!lt County ( 'omtxmt': Related A.fembers; Retmned.Jahs: ,\<:lt',/obs Form Q.J.f2 (viii) the average weekly wage of all of its employees in New Jobs. is$ ,6 ___ , (ix) it is in compliance with all of the terms and conditions ofthe CPA and affirms the representations, warranties and covenants contained therein; (x) by not later than February 1 of each year during the Grant Period, and through the February 1 following the date established pursuant to Paragraph 5.0 of the CPA, it shall provide the information necessary for the Company to submit to the DOC an annual report in the form of Exhibit B to the CPA~ (xi) it understands that if any of the certifications provided herein prove to be false or misleading in any respect, it shall reimburse the DOC in the amount of this disbursement, and the DOC may pursue such other legal action as it deems appropriate; (xii) it is not liable for any Overdue Tax Debt, as defined in N,C Gen, Stat §105- 243J (a tax debt that remains unpaid 90 days or more after final assessment notice is sent); (xiii} there is no fact or circumstance or interest about which the Related Member Party has knowledge that would conflict in any manner or degree with the performance of its obligations under the CPA. (Corporate Seal) Rooms to Go Distribution Company LLC (Related :\1ember Party) Autborbed Corporate Officer ATTEST: (t This i5 detem1ined by dividing the gross wages paid during the quarter to employees in New Jobs, by the average numher of full-time jobs !see footnote I} and then converting that number to a per week average, which must equal or exceed the wage standard, if any, set in the CPA, 7 One ;vc Company Dtshurs,·wwnt {{equest RTt1 Furnllure Corp. of'rieorgta llarneu Coun~v ( ·mnpww. R<>lated Memhers: RetamedJohs; XewJohs rrmn 9-1-l 2 Related Member Party's Certification The Related Member Party represents, warrants, and certifies the truth and accuracy of the statements made below. These certifications shall be deemed to be made a part of the CPA and are incorporated therein, and governed by its terms and conditions, (i) attached hereto is a true and correct copy of the Related Member Party's latest NCUI 101 form (or Multiple Worksite Report Form 3020, if applicable} filed with the State; and a copy of the NCUI 101 form (or Form 3020) filed with the State prior to the expansion: (ii) it has retained Retained Jobs: (iii) it has created and retained _New Jobs. 7 which are net new positions filr the Related Member Party·s operations in the state, and no New Job (or employee) has been transferred from any existing North Carolina operations of the Company. the Related Member Party, or any of their affiliates; {iv) it has obtained aH required environmental pennlts for the Project (Company should cross out if Related '"!ember Par(v does not have responsibili(vJhr environmental permitlinR): (v) it makes available health insurance to aU of its permanent full-time employees at the Facility in the amount required for eligibility for tax credits under the Article 3J (House Bin 2170 § 1 05-129,83)~ (vi) attached hereto is a true and correct copy of the Related Member Party's fixed asset report showing a description. acquisition date and cost for each asset acquired, disposed ot: or transferred from the date uf the Grant (Compm~v should cros."i out il Related 1\.fember Par(y' 's itJvestment is not applicable to this Grant): {vii) it has made some or all of the Target Investment in the amount of -----"'---··-··"'"'_,~,,,,,,_,,~,-~(Company should cross out ifRelated Member Par(v is not making Required Investment) 7 This is determined by obtaining the average number of new employees over the quarter reported.. The company should add the three figures that represent NEW JOBS ONLY during each of the three months of the quarter reported in the NCUI IOJ, and divide that number by three. DO NOT INCLUDE PART-'!'IME, TEMPORARY OR SEASONt\L JOBS, OR JOBS THAT EXISTED PRIOR TO THE GRANT A WARD, BE PREPARED TO SUPPORT TH1S NUMBER WITH ADDITIONAL DOCUMENTATION. INCLUDING IDENTIFICATION OF INDIVIDUAL FULL-TIME EMPLOYEES AND THEIR WAGES, See Paragraph 6. l of the CP.A for guidance, 8 On(' .V( • ( 'ompm~v Disbursement Request R r<; I· urmrunt ( 'orp, nl ( ieorgm /!arnett County 1 ''omp.:my: Related Memhers; Retmned Johs,' New Joh,~ f.i>rm 9-I ·I:; {viii) the average weekly wage of all of its employees in New Jobs, is$ .8 (ix) it is in compliance with all of the terms and conditions of the CPA and affirms the representations. warranties and covenants contained therein~ (x) by not later than February 1 of each year during the Grant Period. and through the February 1 following the date established pursuant to Paragraph 5.0 of the CPA, it shall provide the information necessary for the Company to submit to the DOC an annual report in the form of Exhibit B to the CPA: (xi) it understands that if any of the certifications provided herein prove to be false or misleading in any respect, it shall reimburse the DOC in the amount of this disbursement. and the DOC may pursue such other legal action as it deems appropriate: {xii) it is not liable for any Overdue Tax Debt. as defined in N.C Gen. Stat § 105- 243~ 1 (a tax debt that remains unpaid 90 days or more after final assessment notice is sent): (xiii) there is no fact or circumstance or interest about which the Related Member Party has knowledge that would contlict in any manner or degree with the performance of its obligations under the CPA. (Corporate Seal) ATTEST: ,.~,,, __ , ____ ,. ___ ,,~ .. ,,.,_,,"",,.,,. ___ , ___ , Secretary SE Independent Delivery Senices, Inc. (Related ~tember f>arty) Bv: .. >"~'"~-"'""~'~"''"""'"'""'''~""")"""'_"" ____ "'·"'""'""'*'""'">-'>"'"""""''~'-'-"' Print Authorized CorporatC' OffiCer 8 This is determined by dividing the gross wages paid during the quarter to employees in New Jobs. by the average number of full-time jobs (see tootnote I) and then converting that number to a per week average. which must equal or exceed the wage standard. if any, set in the CPA. 9 Onf! ,VC Company llishur.w·ment ReqU:t!sf RTCJ Furniture Corp. cJ{Georgta lfarnertCmmty r'ompany, Related Members,' f?etmnedJohs: New Johs Form 9-1-!Z EXHIBITB TO COMPANY PERFORMANCE AGREEMENT FEBRUARY 1 COMPANY REPORT TO DOC Project No. 2013-9599 Date of Report: .. Calender Year Reported: Fiscal Year Performance/Disbursement Projection: July l, 20 ........ through June 30.20 (the "Upcoming Fiscal Year") RTG Furniture Corp. of Georgia (the "Company*') hereby submits this report pursuant to that certain Company Performance Agreement between the Company, Retail Management Services Corp .• Rooms to Go Distribution Company LLC and SE Independent Delivery Services, lnc. (the "Related Member Parties'"), and the Local Government dated a.<; of June 26, 2013 (the "CPA'') and that certain Local Government Grant Agreement between the Local Government and the DOC, dated as of June 26, 2103 (the ·'LGGA:· and. together with the CPA. the "Agreements"). All capitalized terms not otherwise defined herein have the meaning ascribed to them in the Agreements, The Company and Related Member Party hereby certifies that: (i) attached hereto is a true and correct copy of the Company's and Related Member Party'sJParties· NCUl IOI tor the quarter ending December 31. 20 ····-,····-fprior year]; til) the Company and Related Member Party{ies) have together created and retained a total of New Jobs. 1 as of December 31, 20 ......... • which are net new positions for the Company's and Related Member Party's(ies}. if applicable, operations in the state. and no New Job (or employee) ha<> been transferred from any existing North Carolina operations of the Company or any of its affiliates; (iii) the Company and Related Member Party(ies ), if applicable, have made some or all of the Target Investment in the amount of ... -·--'.'"·-·-·-·Dollars ($ 1 This is determined by obtaining the average number of new employees over the quarter reported, The company should add the three figures that represent NEW JOBS ONLY during each of the three months of the quarter reported in the NCUI 101, and divide that number by three. DO NOT INCLUDE PART-TIME. TEMPORARY OR SEASONAL JOBS, OR JOBS THAT EXISTED PRlOR TO THE GRANT A W/\RD. BE PREPARED TO SUPPORT rlHS NlJMBHR WITH ADDITIONAL DOCUMENTATION, INClUDING IDENTrFICATION OF INDIVIDUAL Ft.H.L~TIME EMPLOYEES AND THEIR WAGES Refer to Paragraph 6, I of the CPA fhr guidance, On!! N(' Company FehrttaiJ' l Report RHi Furmture Corp. ofGeorgla ( 'ompatr!i; Related Memher.Y. /?<!lamed Jobs . .\v·w Johs Form 9·1-12 2 (iv) the average weekly wage of all permanent fult-timejobs at the Pacility, including the New Jobs. is$ ·2 ---'""'""'""'~'Y''"~•-~' (v) the company and Related Member Parties are in compliance with all ofthe terms and conditions of the CPA and affirms the representations. warranties and covenants contained therein: (vi) as ofDecember 3L ($ it had received",,,,,,,,., __________ ·-------.. ·-----··--·-------, , ... ~ ... J [speci6' umountJ trom the Local Government in the form of representing the Local Government's Match. which brings the total Local Government Match the Company has received as of December 31. • to (vii) during the Upcoming Fiscal Year. the Company together with Related Member Parties .. expect to: (a) make some or all of the Target rnvestment in the amount of Dollars($ which. together with prior qualifYing Target Investment made, would bring the total Target Investment made tc> ....... Dollars($ (b) create and retain New Jobs (which together with prior New Jobs created, would bring the total New Jobs created and retained. to New Jobs; (c) retain Retained Jobs~ (d) be in compliance with the CPA: (e) based on the foregoing, be eligible under the CPA, to request a dlsbursement(s) prior to June 30 of the Upcnming Fiscal Year. in the amount of .... Dollars ), This is determined by dividing the gross wages paid during the quarter to employees in New Jobs, by the aver-.tge number of full-time jobs {see fMtnote 1} and then converting that numher to a per week average. which must equal or exceed the wage standard, if any. set in the CPA. 2 One NC ( 'omparrv Fehrum:v 1 Report RJr; Furnilurr-Corp .. o((feorgta < '()mpanv; Related .ifembets; Retamed Jobs,· ,\ew .Jobs Form 9-1-12 The Company represents, warrants, and certifies the truth and accuracy of the statements made herein, These certifications shall be deemed to be made a part of the CPA and are incorporated therein, and governed by its terms and conditions, (Corporate Seal) ATTEST: RTG Furniture Corp. of Georgia (Company) Print Name: Authorized Corporate Officer Date: Related Member Parties' Certification The Related Member Parties represent. warrant, and certify the truth and accuracy of the statements made in Exhibit B to Company Perfbrmance Agreement February l 31 Report to DOC (the "Report"), as it relates to performance by the Related Member Parties and any materials or information provided by the Related Member Parties fbr the Report. These certiftcati<ms shall be deemed to he made a part of the CPA and are incorporated therein. and governed by its terms and conditiQns. (Corporate Seal) ATI'EST: Retail Management Services Corp. {Related Member Party) Print Authorized Corporate Officer 3 One NC' ('ompany P'thruary I Report R lti rurmture ( "orp .. of c ieorgta ! ~ompan}\ Rtlated Jlemb<'ts; Retmni!d Johs; .Vew JaAs fl1rn1 9-1-l:: t I I " (Corporate Seal) ArTEST: (Corporate Seal) ATfEST: Rooms To Go Distribution Company LLC (Related :Member Party) Print Authorized Corporate Officer SE Independent Delivery Services, Inc. (Related Member Party) Print Authorized Corporate Officer 4 f htt! lvc' Comp111~1" Pehnwry I Report R 11; Furmi!Jrl!' Corp of(irar>p;ta ('()mpt:mv, f?tc'lated Memhers, Retmned Johs, Srw Johs flmn 9,1-12 f ' EXHIBIT C TO COMPANY PERFORMANCE AGREEMENT Provisions of N.C. General Statutes Addressing Public Records, Confidential Information, and Economic Development Projects § 132-t "Public records" defined (a) "Public record" or "public records" shaH mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes. electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions .. Agency of North Carolina government or its subdivisions shall mean and include every public office, public officer or official (State or local, elected or appointed), institution, board, commission. bureau, counclt department authority or other unit of government of the State or of any county, unit special distnct or other political subdivision of government (b) The public records and public information compiled by the agencies of North Carolina government or lis subdivisions are the property of the people. § 132·1.1. State tax Information (b) State and Local Tax Information -Tax information may not be disclosed except as provided in G.S. 105-259. As used in this subsection,. "tax information" has the same meaning as in G.S. 105-259. Local tax records that contain information about a taxpayer's tncome or receipts may not be disclosed except as provided ln G.S .. 153A-148 1 and G.S. 160A-208.1 § 132·1.2. Confidential information. Nothing In th1s Chapter shall be construed to require or authorize a public agency or its subdivtsion to disclose any Information that (1) Meets all of the following conditions: a Constitutes a "trade secret" as defined ln G.S 66-152(3). b. Is the property of a private "person" as defined in G S 66-152(2} c. Is disclosed or furmshed to the public agency in connection w1th the owner's performance of a public contract or m connection wtth a bid, application.. proposal. industrial development project. or in compliance with laws, regulations, rules. or ordinances of the United States, the State, or political subdivisions of the State. d Is designated or Indicated as "confidential" or as a wtrade secrel" at the tlme of its lmtial disclosure to the public agency. § 66-152. Definitions (Trade Secrets Protection Act) As used in this Article, unless the context requires otherwise: (2) "Person" means an rndiViduat corptlration. government governmental subdivision or agency, busmess trust, estate. trust. partnership, association, Joint venture, or any other legal or commercial entity, (3} "Trade secret" means business or technical information, Including but not llmlted to a formula, pattern. program, device. compilation of information, methOd, !echmque, or process that a Derives independent actual or poten!Jal commetc1al value from not being generally known or readily ascertarnable through mdependent development or reverse engineering by persons who can obtain economic value from 1ts disclosure or use: and b. Is the subject of efforts that are reasonable under the circumstances to marntain its secrecy The existence of a trade secret shall not be negated merely because the tnformatlon comprising the trade secret has also been developed, used, or owned Independently by more than one person, or licensed to other persons. § 132·1,8, Economic development incentives (a} Assumptions and Methodologies. -Subject to the provisions of this Chapter regarding confidential information and tne withholding of public records relating to the proposed expansion or location of specific business or Industrial projects when the release of those records would frustrate the purpose for which they were created, whenever a public agency or its subdivision performs a cost-benefit analysis or similar assessment with respect to economic development incentives offered to a specific business or industrial proJect, the agency or its subdivision must describe in detail the assumptions and methOdologies used ln completing the analysis or assessment. This description ls a public record and Is subject to all provisions of this Chapter and other law regarding public records. (b) Disclosure of Public Records Requirements. -'Mlenever an agency or Its subdivision first proposes, negotiates, or accepts an appllcatron for economic development JOcentives with respect to a specific industrial or business project, the agency or subdivision must disclose that any information obtained by the agency or subdivision is subject to laws regarding disclosure of public records. In addition, the agency or subdivision must fully and accurately describe the Instances in which confidential Information may be withheld from disclosure, the types of information that quallfy as confidential information, and the methods for ensuring that confidential Information is not disclosed." § 132-6. Inspection and examination of records (a) Every custodian of public records shall permit any record in the custodian's custody to be inspected and examined at reasonable times and under reasonable supervision by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may be prescribed by law. (c) No request to Inspect, examme, or obtain copies of public records shall be demed on the grounds that confidential information is commingled with the requested nonconfidential information. tf it 1s necessary lo separate confidential from nonconfidenUaf information in order to permit the inspection, examination, or copying of the public records. the public agency shall bear the cost of such separation .. (d) Notwithstanding the provisions of subsections (a) and (b) of !his section, public records relating to the proposed expansion or location of specific business or industrial projects may be withheld so long as their inspection. examtnatlon or copying would frustrate the purpose for which such public records were created: provided, however, that nothing herein shall be construed to permit the withholding of public records relating to general economic development pollcies or activities. Once the State, a local government. or the specific business has announced a commitment by the business to expand or locate a specific project tn this State or a final decision not to do so and the business has communir.ated that commitment or decision to the State or local government agency involved with the project, the provisions of this subsection allowing public records to be withheld by the agency no longer apply. Once the provisions of this subsecllon no longer apply, !he agency shall disclose as soon as practicable. and within 25 business days, public records requested for the announced project that are not otherwise made confidential by law, An announcement that a business or mdustnal project has committed to expand or locate In the State shan not reqolre dtsclosure of local government records relating to the project if the business has not selected a specific location within the State for the proJect. Once a specific location for the project has been determined, local government records must be disclosed, upon request. 1n at.'Cordance with the provisions of this section. For purposes of this section, "local government records" include records maintained by the State that relate to a local government's efforts to attract the project" § 132-9 .. Access to records (b) In an action to compel disclosure of public records whtch have been withheld pursuant to the provisions of G.R 132-6 concerning public records relating to !he proposed expansion or location of particular businesses and Industrial projects, the burden shall be on the custOdian withholding the records to show that disclosure would frustrate the purpose of attracting that particular bustness or industrial project. 9:15am Planning Services: -Proposed text amendments to the Unified Development Ordinance (to comply with new General Statute requirements) TEXT AMENDMENT REQUEST FORM (Internal) Planning Department 108 E. Front Street P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Applicant Information Applicant: Name: Harnett County Planning Services Address: 108 E Front St City/State/Zip: Lillington NC, 27546 E-mail: Phone: 893-7525 Fax: Type of Change 0 New Addition [8J Revision II, IV, V, VII, XI, XII, 5.0, 13.0, 11.0, 2.0 & 10.0, 5.0, Unified Development Ordinance: Ordinance Article: --=X=I::...:V:.___ __ _ Section: 5.0, 2.2 Current Text: See attached 1. Article II Section 5.0 "Nonconforming Sign" 2. Article IV Section 13.0 "Military Corridor Overlay District" 3. Article V Section 11.0 "Other Uses" 4. Article VII Section 2.0 "Street & Tree Standards"; Section 1 O"Sign Requirements" 5. Article XI Section 5.0 "Board of Adjustment" 6. Article XII Section 5.0 "Variances" 7. Article XIV "Definitions & Certifications" Proposed Text: (Attach additional sheets if necessary) See attached Reason for Requested Change: To update the Harnett County UDO to comply with new General Statute requirements. Page 1 of 1 ADD/ AMEND the following to .... ARTICLE II. NONCONFORMITIES SECTION 5.0 NONCONFORMING SIGNS All nonconforming signs existing on the effective date of adoption of zoning at the location of said sign may remain in place subject to the following requirements: 5.1 Continuation of Nonconforming Signs All existing nonconforming signs shall adhere to the following regulations (excluding Outdoor Advertising/ Billboard signs): No nonconforming sign shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is specifically designed for periodic change of message (for example, billboards). However, this Ordinance shall not prohibit the normal maintenance of signs to keep them properly maintained. No nonconforming sign shall be structurally altered so as to change the shape, size, type, or design of the sign, nor shall any nonconforming sign be relocated. The addition of lighting or illumination to existing nonconfonning signs is specifically prohibited as reasonable maintenance; however such lighting may be permanently removed from such sign structure. No nonconforming sign shall be allowed to remain after the activity, business, or use to which it was related has been discontinued. Maintenance & Repair of Non conforming signs 1. Nonconforming signs shall be allowed to perform reasonable repair and maintenance. The following activities are considered to be reasonable repair and maintenance (No Building permit shall be needed to make the following repairs with exception of Items c & e below): Change of message or copy on the sign face; Replacement of border and trim, stringer, or panel, with like material; c. Repair and replacement of a pole(s), with like material; Alterations of the dimensions of painted bulletins incidental to copy change; and; Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased. ~A nonconforming sign may continue as long as it is not abandoned destroyed, +.:2. When the combined damage to the face and damaged~tie~~ffr~~~=p~~~~~~~74~~~~~~ffifr~~tlfift sign owner shall request the Harnett County Planning Department to review the damaged sign, including salvageable sign components, prior to the repairs being made. Should the sign owner perform repairs without notification to the Planning Department, the permit may be revoked or the sign shall be removed. To determine the percent of damage to the sign structure, the only components to be used to calculate this value are the sign face and support pole(s). The percent damage shall be calculated by dividing the unsalvageable sign components by the original sign structure component quantities, using the following criteria: :-'1-t:l:ftCff!:Sifl~;;:?..!R!l'i..On Wooden Poles The percentage of damage attributable to poles shall be 50 percent (50%) and the percentage of damage attributable to sign face shall be 50 percent (50%). The percentage of damage attributable to poles shall be 80 percent (80%) and the percentage of damage attributable to sign face shall be 20 percent (20%). -All nonconforming outdoor advertising signs that are required to be permitted by the North Carolina Department of Transportation, shall maintain all required permits in good standing for the life of the nonconformity. If at any point the NCDOT revokes these permits, the nonconforming sign shall come into compliance with current regulations or be removed. ARTICLE IV. ZONING & OVERLAY DISTRICTS SECTION 13.0 MILITARY CORRIDOR OVERLAY DISTRICT-MCO 13.4 REQUIRED REVIEW To ensure compliance with GS 153A-323, notification to the military installation shall be made on any adoptions or modifications to this Ordinance that may change or affect the permitted uses of land located within five (5) miles of a military installation. In addition, notification shall be made to the military installation on any development projects, including but not limited to subdivisions,-atl:tl-site plans, within the same distance. The military installation shall be afforded the opportunity to provide comment or analysis on such adoptions, modifications, or developments regarding compatibility. Any comments provided prior to the public hearing or other applicable final review shall be considered by the Board of Commissioners or approving body in rendering a final determination. ARTICLE V. USE REGULATIONS SECTION 11.0 OTHER USES 11.2.5 PERMIT (LEVEL II) CO-LOCATION, COMBINATION, ATTACHMENT, ANTENNA ELEMENT REPLACEMENT, REPLACEMENT TOWERS, & CONCEALED TOWERS B. Co-location & Combination S.Applications entitled to the streamlined processes described in Section 153A- 349.53, North Carolina General Statutes, shall meet all the following requirements: a. The additional antenna array, transmission lines, and related ancillary equipment including the base station do not exceed the number of same items previously approved for such tower when originally approved, and the collocated facility is in complete conformance with the original conditions imposed on the tower upon which it is being attached. b. The proposed co-location shall not increase !lli~~!l!!;g..}'~t!Q!.Ll~;h!~ c. The co-location shall not increase the ground space area approved in the communications tower site plan for equipment enclosures and ancillary facilities by more than 2,500 square feet. d. The existing tower on which the co-location will attach shall comply with g. applicable regulations, restrictions, and/ or conditions, if any, applied to the initial wireless facilities placed on the tower. e. The proposed additional co-location and tower shall comply with all federal, state, and local safety requirements. f. The proposed co-location and ancillary equipment shall not exceed the applicable weight limits for the tower. 11.3 FIREARM CERTIFICATION FACILITIES All firearms certification facilities not operating or located on an approved firing range are required to obtain conditional use approval from the Harnett County Board of Adjustment. All certification facilities that contain a firing range shall adhere to the following standards: A. The firearm certification facility's firing range shall only be utilized for the purpose of displaying the practical skills necessary to obtain certification in this area of instruction. The display of practical skills involving firearms must be conducted in the presence of a certified firearms instructor. B. The firing range shall only be occupied by . 1 student and certified firearms instructor during the qualifying session of the certification process. C. The firing range utilized for qualification purposes shall be constructed to be in compliance with the following requirements: 1. The range backstop shall be constructed in a manner to contain projectiles without risk of ricochet or escape. 2. The range backstop or berm shall be constructed to a minimum height of ten (10) feet. D. The firing range shall be located to the rear of any structure approved for occupancy that is located on the same parcel of property. E. The length of the range measured from the firing line to the backstop shall be no greater than thirty (30) feet. F. The range shall be designed to establish the direction of fire to be parallel or perpendicular to and away from all public right(s)-of-way. ARTICLE VII. DEVELOPMENT DESIGN GUIDELINES SECTION 2.0 STREET & TRANSPORTATION STANDARDS 2.10 DEAD-END STREETS & CUL-DE-SACS 2.1 0.1 Dead-End Street Length & Width A permanent dead-end street shall not exceed in length-measured from the centerline of its beginning point on a through street to the centerline of its end in the center of the turnaround of the cul-de-sac or the centerline at the end of a temporary turnaround. Stub out streets or intersecting cui-de-sacs shall not be points of measurement for dead-end streets. The distance from the edge of pavement on the vehicular turnaround to the right-of-way line shall not be less than the distance from the edge of pavement to right-of-way line on the street approaching the turnaround. Cui-de-sacs shall have a minimum 50 foot pavement radius and should not be used to avoid connection with an existing street or to avoid the extension of an important street, unless exception is granted by the DRB. SECTION 10.0 SIGN REQUIREMENTS 10.1 Sign Measurement Standards 10.1.1 10.1.2 Dimensions For the purpose of this Ordinance, the square feet area of the sign shall be measured to include the entire sign, including lattice work, fencing, or wall work incidental to its decoration. When a sign consists of letters placed directly on a wall, building surface, awning or marquee, or against open air (as when raised above a marquee), there being no background to the letters save the wall or surface itself, the area of the sign shall be that of the smallest parallelogram within which all the lettering can be included. Height The height of a sign shall be measured from the highest point of a sign to the point of ground surface beneath it. Ornamentation such as columns, caps, spires, and :finials shall not extend more than two (2) feet from the top of the sign. The use of berms or raised landscape areas is only permitted to raise the base of the sign to the mean elevation of the fronting street and shall not be used as a means to avoid compliance with regulations. 10.2_ General Setback Requirements No sign may be located in, or overhang into, any public right-of-way except as permitted and erected by the North Carolina Department of Transportation. ====Signs shall be set back at least 10 feet from any public right(s)-of-way line or property line. In cases where signs are placed at intersections, the minimum setback shall be 20 feet as measured from each right-of-way line or property line in both directions, except those erected for orderly traffic control and other municipal and governmental purposes. 10.4 Maintenance of Conforming Signs Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public, the Administrator shall order that such a sign be made safe or removed. A period of 10 days following receipt of said order by the person, firm, or corporation owning or using the sign shall be allowed for compliance. A. A conforming business or outdoor advertising sign that has been destroyed or significandy damaged may be reconstructed within the limits of the rules and filling procedures set forth in this Ordinance. B-:L_ Conforming sign structures may be reconstructed so long as the reconstruction does not conflict with any applicable local, State, or Federal rules, regulations, or ordinances. G::D. Developments with existing conforming sign shall be allowed to make repairs without receiving permits, unless other local, State, or Federal rules apply. D:-1:. Conforming shall be allowed to perform reasonable repair and maintenance. The following activities are considered to be reasonable repair and maintenance (No Building permit shall be needed to make the following repairs with exception of numbers 3 & 5): 1. Change of advertising message or copy on the sign face. 2. Replacement of border and trim, stringer, or panel, with like material. 3. Repair and replacement of a pole(s), with like material or materials allowed by these regulations. 4. Alterations of the dimensions of painted bulletins incidental to copy change. 5. Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased beyond the size of the sign on the date it became nonconforming. 10.8 Signs that Do Not Require a Permit 10.10 Outdoor Advertising Signs 10.10.9 Dilapidated and Abandoned Signs If at any time an outdoor advertising sign falls into a state of dilapidation, disrepair, or becomes abandoned or discontinued, as defined by the latest edition of Regulations for the Control of Outdoor Advertising in North Carolina f?y the North Carolina Department of Transportation, the permits for such sign shall be revoked. ARTICLE XI. ADMINISTRATION & BOARDS SECTION 5.0 BOARD OF ADJUSTMENT 5.1 Establishment & Procedure of the Board of Adjustment (NCGS 153A-345) A. The Chairman of the Board of Adjustment is authorized in his official capacity to administer oaths to witnesses in any matter coming before the Board. Any member of the Board, while acting as chairman, shall have and may exercise like authority. B. All meetings of the Board shall be held at a regular place and shall be open to the public. The Board shall keep minutes of its proceedings, showing the decision of the Board upon each question, or if absent or failing to vote, an indication of such fac~ and the final disposition of appeals shall be by recorded resolution indicating the reasons of the Board thereof, all of which shall be a public record. C A concurring vote of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrator or to grant a ~~~~~~'--1-L'~~ ARTICLE XII. AMENDMENTS, HEARING PROCEDURES, APPEALS & VARIANCES SECTION 5.0 VARIANCES A grant of relief from the requirements of this Ordinance may be requested, following the provisions of this Section, where unusual circumstances specific to the property exist, and where literal enforcement would result in unnecessary and undue hardship; provided however that the need for the variance was not caused by the applicant or property owner. This Section does not provide for use variances or enlargement of existing nonconformities beyond what this Ordinance provides for. Notice of variance requests shall follow "Evidentiary Hearing Notification Procedures" of this Article. Yil._Zoning Variance Procedures Zoning regulation variances may be granted in such individual case of unnecessary hardships only upon findings by the Board of Adjustment after a public hearing that the following conditions exist. Additionally, the existence of a nonconforming use on neighboring land, buildings, or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variances. Individual variances may be made subject to conditions, as imposed by the Board of Adjustment. ARTICLE XIV. DEFINITIONS & CERTIFICATIONS SECTION 2.2 GENERAL DEFINITIONS Agriculture The terms "agriculture", "agricultural", and "farming" refer to all of the following: A. The cultivation of soil for production and harvesting of crops, including but not limited to fruits, vegetables, sod, flowers and ornamental plants; B. The planting and production of trees and timber; C. Dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing; D. Aquaculture as defined in GS 106-758; E. The operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation; and/ or L_ When performed on the farm, "agriculture", "agricultural'', and "farming" also include the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on the farm, and similar activities incident to the operation of a farm; and/ O.t7 Bar/Tavern An establishment in which alcoholic beverages are served as a primary source of income, alcoholic beverages are sold primarily by the drink, and where food or packaged liquors may also be served or Bed & Breakfast Residence 9:30am Parks and Recreation: -Land donation to the Dunn-Erwin Rail Trail HA R N E T T CO U N T Y , NO R T H CA R O L I N A GI S / L A N D RE C O R D S An y us e of th i s ma p sh a l l be a l l h e so l a rl s k of lh e us e r of lh i s ma p . 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W 1 l i i ~ \ I W I ' l l ~ ~ ~ : - - - - ~ - - - - " " " ' ~ " ~ · - - - - - - ~ . , , . . . . . , ~ . , " ' " - ~ ~ ~ · - - " ' • t • • I • • • • t I I • • • I • • • • • • • • • • • • • • • • • Du n n Er w i n Tr a i l G r o u p e Th e Bl a c k Ri v e r Pl a n by La u r i Ne w m a n r ~,_, - l ) ~ ~ ~ - - - 1 De s i g n o f the Dunn Erwin Trail ~,~I UUfJP ") "G r e e n Wa l l " 95 9:45am 5-l 0-20 year plan reviews: Legal Services Human Resources Veteran Affairs Tax Department Harnett County Department of Legal Services Business Plan 2013-2014 Delivering high quality legal representation efficiently and effectively to support, protect, and preserve the interests of Harnett County 1. Department Overview 1.1 The Department The Harnett County Department of Legal Services was created in February of 2005. The Department is responsible for providing legal services to Harnett County Government. The Department advises and represents Harnett County in legal matters involving the departments and divisions under the control of the Harnett County Board of Commissioners, and certain boards and other officials of Harnett County as directed by the County Manager and the Board of Commissioners. Dwight W. Snow is the County Attorney and serves as the principal legal advisor to the Harnett County Board of Commissioners. Mr. Snow provides legal services in civil legal matters to the County. Mr. Snow is responsible for rendering legal opinions upon request to the County Commissioners, the County Manager, certain boards, and department heads. Mr. Snow is in private practice and is on retainer with the County. Mr. Snow is appointed by and serves at the pleasure of the Harnett County Board of Commissioners. The Department of Legal Services team consists of a senior staff attorney, county staff attorney, and paralegal. The Department serves in a role that is similar to that of an in-house corporate counsel. Working in collaboration with Mr. Snow, the Department provides legal services to assist the County in providing many public services, enforcing county ordinances, negotiating leases and contracts, defending lawsuits and commencing legal actions on behalf of the County. The Department does not represent nor give legal advice to citizens about private disputes or problems, but will endeavor to provide information and assistance in response to citizen inquiries concerning matters in which the County is a party or in some way directly involved. 1.2 Organizational Purpose and Supporting Values and Culture Our organizational purpose is designed to be a clear statement of what we exist to do. Our purpose will guide our planning and decision making and we will ensure that the organization develops in a way which Organizational Purpose Delivering high quality legal representation efficiently and effectively to support, protect, and preserve the interests of Harnett County Supporting Values and Culture Integrity – ethical judgment independent of political pressure and personal interests, in stewardship of the public trust Honesty – being truthful, open, sincere, and trustworthy Objectivity – basing advice and decisions on rigorous analysis of the facts and the law Impartiality – acting solely on the merits of the case, free of bias and prejudice Culture Our culture defines the way we think and act as an organization; the way we behave toward each other and our partners, and the way we live our lives. We want a culture in which we: Take pride in good decision making and continuing to achieve excellent results Adopt a positive and outward looking approach; and Value common purpose, team work, collaboration, and continuous improvement enhances our ability to deliver this primary function. As public servants, we also wish to set out explicitly the values we uphold and the culture we are striving to create and maintain with and through our people. 1.3 Service Overview The core business responsibilities of the Harnett County Department of Legal Services are: Advise, counsel, and provide legal opinions to the County Manager, all departments and divisions under the control of the Harnett County Board of Commissioners, and certain boards and other officials of Harnett County as directed by the County Manager and the Board of Commissioners Review legality and probity of departmental affairs consistent with statutory authority and Board policy and direction Handle litigation on behalf of or against Harnett County Draft, negotiate, and review contracts, ordinances, resolutions, and other legal documents Provide leadership in County departmental affairs and organizational integrity that is necessary for effective operation of County government by taking a strategic role in the formulation and implementation of the County’s policies and procedures The Department also carries out other non-core functions that include serving as a liaison between the County and third-parties engaged with the County, providing trainings and briefings to enable clients to provide better service, assisting with public information requests, and serving as members of the Emergency Operations Center team. 1.4 Operating Model and Assumptions The Department provides legal services to county departments and divisions under the direction and control of the Harnett County Board of Commissioners. The Department also provides legal services to the Harnett County Sheriff’s Office, the Harnett County Department of Public Health, the Harnett County Department of Social Services (with exception of programmatic work of the Department of Social Services), the Harnett County Board of Elections, the Harnett County Register of Deeds, and other boards and officials as directed by the County Manager and the Board of Commissioners. The Department is located in the Harnett County Administration Building in Lillington, North Carolina which provides ease of access to clients and the public. This location also allows close proximity to our provider base, community partners, and justice system facilities. The Department is equipped with technology that allows remote access and electronic data and document management. We are predominately a demand-drive organization and as such we make assumptions about volumes and categories of legal matters which we expect to handle. Because Harnett County is the third fastest growth county, behind Wake County and Johnston County to 2030 and the number one micro area as identified by the U.S. Census Bureau, these assumptions may need to be revised over time. We review our assumptions throughout the year, to assess the impact it has on the provision of services we provide. We currently have 734 open case files and facilitated the contract management of 442 contracts in fiscal year 2012-2013. As Harnett County continues to grow and market conditions change, we anticipate increased volumes and additional categories of legal matters to which we will respond. Funding for the Department is from the Harnett County general fund and enterprise funds. For 2013-2014, the Department was appropriated $340,600.00 with $110,034.00 from the general fund and $230,566.00 from the public utility enterprise fund. The dollar value of the services rendered if obtained from outside sources is in excess of $900,000.00. This produces a cost savings of approximately sixty-two percent (62%) and does not account for the intrinsic value of efficiency, reliability, and loss prevention. The future of the Department depends largely on the requirements of the Harnett County Board of Commissioners and its departments. As Harnett County is expected to continue exponential growth, the Harnett County Board of Commissioners will be challenged to balance this growth and the corresponding demand for services. Harnett County must also respond to legislative changes that impacts the services it provides. We anticipate that market conditions will remain such that the reliance on Department will continue to increase and the value of the services the Department provides will increase. The Department will need to ensure that it has sufficient qualified and trained staff to respond to these changes. 2.0 Strategic Objectives Our approach is centered on strategic objectives in support of our core business responsibilities. These objectives are coupled with our responsibility to provide efficient casework, responsible management of public money, strong working partnerships, and developing the organizational capability to deliver on the challenges ahead. The key strategic objectives are as follows: Strategic Objective 1: Provide accurate, timely, and reliable legal advice to the Department’s clients to assist them to achieve their objectives Strategic Objective 2: Improve Department capability to meet the challenges ahead Strategic Objective 3: Build and maintain strong partnerships to secure quality provision of legal services and contribute fully to Harnett County Government aims These objectives are consistent with the mission of Harnett County and the supporting values and culture of the Departments. Legal services provided by the Department shall be performed maintaining the highest professional and ethical standards while fostering high morale and productivity in the workplace through collaborative efforts dedicated to continuous improvement. Highlights Provide accurate, timely, and reliable legal advice to the Department’s clients to assist them to achieve their objectives Improve Department capability to meet the challenges ahead Build and maintain strong partnerships to secure quality provision of legal services and contribute fully to Harnett County Government aims 2.1 Strategic Objective 1 Our first strategic objective focuses on our mission to provide high quality legal representation efficiently and effectively to support, protect, and preserve the interests of Harnett County. This objective corresponds with each of our core business responsibilities are outlined below: 1. Advise, counsel, and provide legal opinions to the County Manager, all departments and divisions under the control of the Harnett County Board of Commissioners, and certain boards and other officials of Harnett County as directed by the County Manager and the Board of Commissioners 2. Review legality and probity of departmental affairs consistent with statutory authority and Board policy and direction 3. Handle litigation on behalf of or against Harnett County 4. Draft, negotiate, and review contracts, ordinances, resolutions, and other legal documents 5. Provide leadership in County departmental affairs and organizational integrity that is necessary for effective operation of County government by taking a strategic role in the formulation and implementation of the County’s policies and procedures This objective is fundamental and constitutes a critical and substantial part of the mission of our office. Our quality of service lies not only in the accuracy and reliability of the work we perform but also in the speed of response for those who are seeking help. Our staff are critical to the success of our organization. Without exception, the individuals that comprise the Department support the mission, values, and culture the Department. The staff is highly qualified, resourceful, and dedicated. We have incorporated technology to assist in efficiency and production. We are also mindful that the services we provide must be done in a manner which is effective and appropriate in the context of economic constraints. We recognize that our greatest weakness is the lack of resources in comparison to the need for legal assistance. The sheer volume of legal matters which require our attention makes it difficult to keep pace with client demands and to give rigorous analysis to the matters which come before us. The Department is diligent in maintaining its integrity and avoids entanglement into political disputes even when efforts are made by others to the contrary. We act with ethical judgment independent of political pressure and personal interests, in stewardship of the public trust. In order to properly achieve this objective, there are several targets and deliverables which will assist us in achieving the desirable outcomes. We will: Improve responsiveness to Department clients through digital working environments, training and appropriate staffing levels Review target turnaround times for casework and case management plans for each matter handled Streamline contract management system Strategic Objective 1: Provide accurate, timely, and reliable legal advice to the Department’s clients to assist them to achieve their objectives Regular monitoring of workloads and appropriate outsourcing when required Regular interface with client departments to identify changes in legal services required. Identify new skills and knowledge required to provide training Add additional staff as appropriate based upon needs of various client departments 2.2 Strategic Objective 2 Our second strategic objective is an outward looking approach focusing on how the Department can provide high quality legal services to its clients, with consideration to future market conditions. This objective corresponds with each of our core business responsibilities are outlined below: 1. Advise, counsel, and provide legal opinions to the County Manager, all departments and divisions under the control of the Harnett County Board of Commissioners, and certain boards and other officials of Harnett County as directed by the County Manager and the Board of Commissioners 2. Review legality and probity of departmental affairs consistent with statutory authority and Board policy and direction 3. Handle litigation on behalf of or against Harnett County 4. Draft, negotiate, and review contracts, ordinances, resolutions, and other legal documents 5. Provide leadership in County departmental affairs and organizational integrity that is necessary for effective operation of County government by taking a strategic role in the formulation and implementation of the County’s policies and procedures This objective ensures a forward thinking approach to Department operations, which includes how we will balance our clients’ service needs while limiting the impact to various funding sources, maximizing efficiencies brought about by digital working environments, and ensuring administrative competence. In order to properly achieve this objective, there are several targets and deliverables which will assist us in achieving the desirable outcomes. We will: Utilize digital working environments to improve efficiency by assessing and implementing changes to business processes Provide appropriate staff training, improve levels of engagement, and utilize effective performance management tools to ensure objectives are being met. Extend use of electronic bundling and document management through electronic records systems. Strategic Objective 2: Improve Department capability to meet the challenges ahead 2.3 Strategic Objective 3 Our third strategic objective capitalizes on the fact that strong partnerships facilitate our ability to efficiently and effectively support, protect, and preserve the interests of Harnett County. More broadly, strong partnerships allow us to meet our professional responsibilities related to the quality and access of the legal system. Building and maintaining strong relationships is key to our work as public servants. This objective corresponds with each of our core business responsibilities are outlined below: 1. Advise, counsel, and provide legal opinions to the County Manager, all departments and divisions under the control of the Harnett County Board of Commissioners, and certain boards and other officials of Harnett County as directed by the County Manager and the Board of Commissioners 2. Review legality and probity of departmental affairs consistent with statutory authority and Board policy and direction 3. Handle litigation on behalf of or against Harnett County 4. Draft, negotiate, and review contracts, ordinances, resolutions, and other legal documents 5. Provide leadership in County departmental affairs and organizational integrity that is necessary for effective operation of County government by taking a strategic role in the formulation and implementation of the County’s policies and procedures We value the involvement of our staff, clients, community partners, and citizens, in order to make the best use of the skills, ideas and commitment in achieving our purpose. It is our goal to make the best decisions possible, informed by the knowledge and experience of others. In order to properly achieve this objective, there are several targets and deliverables which will assist us in achieving the desirable outcomes. We will: Consider renaming the Department – The Department name “Legal Services” causes confusion in the public as it is assumed that we are a legal aid agency that provides free and reduced legal services to the general public. Be active participants in state and local legal communities; actively participate in professional associations – We will continue to build relationships with our peers while developing our knowledge in relevant practice areas. Continuing Education in relevant practice areas and share knowledge gained with clients, community partners, and citizens through training and educational opportunities. Collaborate, pursuant to the direction of the Board of Commissioners, with IT Department to implement effective ways in which to increase the exchange of public information and provide transparency and open government while protecting the legal interests of Harnett County Strategic Objective 3: Build and maintain strong partnerships to secure quality provision of legal services and contribute fully to Harnett County Government aims Human Resources 5 10 and 20 year plan Five Years Rewrite Personnel ordinance Design a corrective action plan and forms Redesign Performance reviews. Goals setting training to accompany new performance reviews process. HR page for Department Heads Customer service training Office safety training Driver safety training Ten Years Electronic HR files Complete paperless forms and electronic signature Find a new HRIS system to replace hte Review and determine what can be outsourced. Twenty Years HR completely paperless HR self service Harnett County Veterans Services 5, 10, 20 Year Plan In 1996 there were approximately 6500 veterans in Harnett County. The growth of the veterans population in Harnett County will determine the Veterans Services Program for Harnett County. Currently the veterans population in Harnett County is approximately 13,500. The veterans population in Harnett County is projected to grow to approximately 18,000 in the next 15 years. Because of the projected growth we will have to consider increases in the number of staff to meet this workload. In the next 5, 10, 20 years we will have to consider an increase in staff either by adding an additional Veterans Services Officer or additional administrative support. We will also need to find another location for the Veterans Services office to house additional staff. This increase in staff will have to be done gradually as the population and workload increases. In addition to the increased number of veterans coming into the office for services, the number of phone calls will increase substantially. With the new Veterans Treatment Court starting in Harnett County October 1, 2013 there may require additional support from Veterans Services as the court workload grows. There will be a need for more outreach programs to ensure the Veterans of Harnett County understand all of their benefits and know where to seek assistance. This can be done by speaking to Veterans Organizations, Civic Organizations, and visits to nursing homes on a regular basis. We will need to appear on local cable government channels, as they become available in Harnett County, to explain veterans benefits and how to obtain them. We will also have consider whether we will need to have a satellite location in the Western Harnett area and the Dunn area one day a week to meet the needs of the veterans in these areas in the 5, 10, 20 years. At the present time the Harnett County Veterans Park does not require any funding at this time for additions to the park. We have individual/organizations that are willing to donate funds etc. for improvements at this time, but over the next 5, 10, 20 years, depending on the world situation, there could be additional monuments required. HARNETT COUNTY TAX DEPARTMENT STRATEGIC PLANNING GOALS Mission: To properly list, appraise, assess and collect taxes equitably throughout Harnett County. Our staff strives to assist all persons with situations that may arise from ad valorem tax. We work as a team to ensure that tax payers receive any exemptions that they are entitled and that all taxes are paid in a timely manner. Our department faces the following challenges in the up-coming years: • Harnett County is expected to grow at an exorbitant rate during the next 20 years. • Population increases are based on proximity to Raleigh-Durham and Fort Bragg Military Base • An aging population that is projected to increase by 100 to 149% during the next twenty year period creating more homestead exemptions • Fort Bragg military base troops owning homes in Harnett County creates a large military presence thereby increasing the school population and exempt motor vehicles • The Task Force Report prepared January 29, 1998 recommends one appraiser per 8,480 parcels. Due to the projected growth rate of Harnett County, staff demands need to be closely monitored as well as technology to better serve staff. Our strategic plan includes the following goals: Five Year Goals Objectives Improve service delivery through •!• Scan all old records (Coordinate automation and technology through IT Department) •!• Purge and destroy paper records to reduce need for storage of records by SO% Maintain excellent customer service •!• Hire bilingual staff person and cross train in customer service areas •!• Periodic training in customer service Expand customers pay options and services •!• Provide credit card systems in lobby •!• On-line listing of business personal property •!• Establish license Plate Agency in office Conduct Countywide Revaluation •!• Effective January 1, 2017 using Bitek System Sustaining workforce needs •!• Continue educational opportunities through seminars and classes 1 Ten Year Goals Objectives Improve service delivery through •!• Continue destruction of paper records automation and technology •!• Implement new software programs to improve document management in electronic records •!• Continue to monitor new and up-to-date systems in assessing and collecting Maintain excellent customer service •!• Cross train all employees Expand customers pay options •!• Improvements to building including a drive through at customer service (recommend road extension prior to this) Conduct Countywide Revaluation •!• Effective January 1, 2025 (analyze data for 2021 Revaluation) Continue Audit of Land Use and All •!• Assessing tax payers fairly according to Exemptions North Carolina General Statutes Twenty Year Goals Objectives Improve service delivery through •!• Assess on-going needs to enhance automation and technology technological capabilities with the latest software and hardware updates Improve customer service •!• Continue to encourage customers to take advantage of the latest technology in service delivery •!• Focus on the aging population increases to assess service needs of citizens Conduct Countywide Revaluation •!• Effective January 1, 2033 (analyze data for 2029 Revaluation) Continue Audit of Land Use and All •!• Assessing tax payers fairly according to Exemptions North Carolina General Statutes 2 10:45 am Discussion regarding non-profit organizations requesting funding donations Non-profit organizations requesting donation from Harnett County Fiscal Year 2013/2014 1. Beacon Rescue Mission (requested $5,000) 2. Coats Museum (requested $5,000) 3. Disabled American Veterans Chapter 74 (requested $5,000) 4. Doors and the Stewart Theater (requested $5000) 5. Eleventh Judicial District ReEntry Inc (requested $25,000) 6. Harnett County Literacy (didn't specify amount) 7. Harnett County Martin Luther King Jr. Observance Committee (requested $5,000) 8. Heart of Harnett Playhouse (requested $7,000) 9. Rebirth of Downtown Dunn (didn't specify amount) 10. Shawtown Community Center (requested "sizeable grant" didn't specify amount) 11. Triangle South Enterprise Center (requested $30,000) 12. Special Olympics (requested $10,000) (funded $10,000 2012/2013) 13. S.A.F.E. ofHarnett County (requested $30,000) (funded $30,000 2012/2013) 14. Habitat for Humanity of Harnett County (requested $25,000) (donated land 2012/2013) 15. Harnett Regional Agricultural Fair (requested $25,000) 16. Veteran's Treatment Court (didn't specify amount-supplies for mentors) B a onR • • s ue lSSlOll Community Based Christian Emergency Shelters 207 W. Broad St. Dunn, NC 28334 (910) 892-5772 Director: Gene Love www.beaconmission.com March 7, 2013 Harnett County Commissioners Scott Sauer, County Manager P.O. Box 759 Lillington, NC 27546 Dear Mr. Sauer, The Beacon Rescue Mission is the only homeless shelter in Harnett County. During the year 2012, we provided 4,464 nights lod in and 13,391 meals at the shelter. This year we are sending a written request fi r $5,000.00 o help us in our work as we provide a "Home Between Homes" in Harnett ounty. With your help, we will continue working to provide assistance and hope to less fortunate men, women, and children in Harnett County. Thank you again, and God Bless You. Very sincerely, rJ~~ Gene Love Director Beacon Rescue Mission Executive Board: Chairman-H.L. Sorrell, Jr. Vice-Chair-Andy Cole Secretary-Mary Stephenson Treasurer-Robie Butler Past Chairman-Ted Penny Mr. Joseph Jeffries Interim County Manager P. 0. Box 759 lillington, NC 27546 Dear Mr. Jeffries: COATS MUSEUM Class of 2013 Juanita Hudson Eddie Vaughan Hilda Pope March 8, 2012 Board Members: Class of 2014 Class of 2015 Jim Futrell C.T. Clayton Mark Valsame Gayle Sorrell Norfleet Gardner Peggy Robinson Walter Weeks, Mayor Linda Cobb Have you had a chance to read some of the Friday weekly "Coats Museum News" columns? The column has a large following of readers from over Harnett County and surrounding counties. We are told very often about people clipping the articles to save while others share that they send them to family and friends all over the United States. The column has resulted in people coming to Coats to tour the Heritage and Cotton Museums. Tourists comment that they are very surprised that such a small town has such a museum. We at Coats Museum feel that when Coats looks good, then Harnett County looks good. We have just completed 2500 square feet of additional exhibit space and bathrooms. This addition allows for 4540 square feet to display artifacts that have been given or loaned to the museum to share the story of bygone days. We had over 1600 visitors last year even though we were dosed over the last six months for the construction. These visitors were school children, Boy and Girl Scouts, quilters, church groups, residents of retirement communities, military veterans, Harnett Leadership, family and class reunions, and others who read about us in the newspaper column or on our website. The museum has hosted two book signings and has been the monthly meeting place for the ECA. The museum sponsored a heritage day with some of the biggest names in the black ~~'Z5esent and the museum folks are working with the black population of Harnett County to help them publish a black heritage book. The members of the www.coatsm useum .com 109 S. McKinley Street, P.O. Box 1294, Coats, NC 27521 Mr. Joseph Jeffries, Interim County Manger Page 2 Coats Kiwanis Club have partnered with the Coats Museum and members have volunteered 3231.5 hours getting the museum ready for the Grand Reopening in early April. As you develop the 2013 -2014 county budget, the Coats Museum Board of Directors would like to reque~~e allocated to the Coats Museum to help support the needs of the museum which relies upon donations from visitors and friends of the museum. If you would like to discuss this request with me, please let me know the time that is convenient to you. If you would like more information about our museum, visit us at coatsmuseum.com or contact me at 910 897 -5611.We would be happy to give the Board of Commissioners a tour of the museum at the board's pleasure. Thank you for your support in the past for the Coats Museum. Since:<rely, -~ ;;J ~ 1 /r;;·~r H.L. Sorrell, Jr., ChairmEn cc. Jim Burgin November 28,2012 Disabled American Veterans Chapter 74 PO Box 66 Erwin NC 28339 Tax 510 © 4-ID Number: 31-0898175 Contact Number 910-814-2001 Dear Harnett County Commissioners: We are the Harnett County Chapter of the Disabled American Veterans. We have a membership of 371 veterans. We have our State Department in Raleigh and our National Headquarters is in Ohio. Nationally, we have been established since 1920 (our chapter was chartered in 1976) and our mission/goals are simple: we are dedicated to fulfilling our promises to the men and women who served. We serve the local veteran population of Harnett County. However, we do not turn any veteran in need away regardless of physical location. We work in conjunction with the surrounding counties and veteran's organizations to insure veteran's needs are met. We are requesting~ or any financial donation from the county for our continued work for veterans. We can provide a Chapter Annual Financial Report that outlines our income and expenditures if so desired. We budget our expenditures in accordance with the funds on hand, needs presented and only approve projects on an individual case-by-case basis. We provide all funds to the veterans needs until they are exhausted. Our goals of building better lives for disabled veterans and their families include our "Hands- Up" Program. We have dedicated our Chapter to the "Hands-Up" care for our veterans in need. We strive to assist the veteran in becoming self sufficient again. We do not prescribe to the "Hand-Out" philosophy. In order to measure our success, we have a Commander's Needs Committee that investigates every case of a veteran in need before the Chapter approves the expenditure of funds. The Committee provides a written report to the Executive Committee outlining the veteran's need and additionally provides a plan on how our assistance will allow the veteran to become independently productive. The veteran is also given the plan to follow. The Committee has a follow up visit with the veteran to insure he has accomplished the goals of his plan. We give the veteran assistance so he may again become an active and productive member of society within his disability limitations. We provide free services to disabled veterans and their families regardless of age, gender or cultural background. We have a variety of veterans from all War Eras to include WWII, Korea, Vietnam, Persian Gulf I & II, Iraq, Afghanistan and the Global War on Terror. We have male and female, elderly and young disabled veterans that require separate and specific needs. ~ We attempt to provide the basic needs to our disabled veterans, their spouses and their children as a year round project. We reach out to veterans that have fallen on tough times due to their disability, economic conditions or natural disasters. We react quickly to assist the veteran with his need as other agencies or avenues usually take longer than some veterans have remaining. We supply assistance to our veteran in-patients at the Fayetteville Veterans Hospital and NC State Veterans Home with daily and Holiday care packages and we sponsor rehabilitative and recreational activities for local veterans to include in-patient Bingo and trips to military historical landmarks. We strive to provide various services to disabled veterans and their family members through: Free service officer assistance with VA claim filing, financial grants for basic needs of homeless or needy veterans (food, clothing and shelter), building of handicap ramps, remodeling homes to accommodate handicap needs and critical assistance to veterans with the purchase and maintenance of their prosthesis. We have a transportation network that provides essential transportation for veterans to the Fayetteville and Durham NC Veterans Administration Hospitals as well as out of system approved civilian appointments. Without this service, some veterans would not be able to make it to their medical appointments. Our current van has logged over 150,000 miles and is ready for replacement. The replacement cost is approximately $24,164.75. We are currently working on raising the necessary funds for a replacement van in addition to making applications for assistance with this purchase from several agencies. We currently have $13,600 in our account for this purchase. We work directly with our county and community programs to ensure all available resources are utilized. We have contacts with federal and state program assistance agencies to utilize the services that they have available. We work directly with the Harnett County Veterans Council, American Legions, Veterans ofForeign Wars, Harnett County City Chambers of Commerce, Beacon Rescue Mission, local food Banks, Salvation Army, Department of Social Services and the Employment Security Offices. We assure you that your contribution will be effectively utilized to provide much needed services to our local veterans in need. We gratefully appreciate any assistance you may be able to provide and thank you in advance for your support of those who served honorably so that we may enjoy the freedoms we treasure. Sincerely, / (·--·, 6~ (§~---· -- Commander DAV Chapter 74 July01,2013 Disabled American Veterans Chapter 74 Samuel Reid, Commander DA V Chapter 74 PO Box 66 Erwin, North Carolina 28339 Dear Mr. Reid: Office of the County Manager www.harnett.org Tommy Burns CountY Manager William A. (Tony) Wilder Deputy CountY Manager Joseph Jeffries Deputy County Manager PO Box 759 102 E. Front Street Lillington, NC 27546 ph: 910-893-7555 fax: 910-814-2662 Thank you for your request for funding from the Harnett County Board of Commissioners. As you may be aware, this budget process has been a long and difficult one faced with many challenges. We regret to inform you that the County will not be able to provide funding to your organization for the upcoming year. The County may revisit your request at the end of this calendar year. We will hold your original request until that time. Harnett County appreciates the work and service that your organization provides to the citizens of Harnett County. County Manager strong roots • new growth April 3, 2013 Mr. Tommy Burns County Manager P. 0. Box 759 Lillington, NC 27546 Dear Mr. Sauer: DOORS and the Stewart Theater I would like to request the sum of $5,000.00 for the Stewart Theater, which houses the Harnett Regional Theater. These funds will be used for interior improvements and general repairs and we are in desperate need of funding in order to maintain the theater. As you know, the City of Dunn's Downtown District has undergone significant revitalization and we feel the theater's presence enhances our downtown. If you cannot meet this request, please let me know when a meeting can be arranged to discuss this funding. Sincerely, .. _..--, ? "'" '-·"· Cv~ !-#~ ~--- William P. Elmore President PO Box 668 Dunn, NC 28335 910-892-6011 February 26, 2013 Joseph Jeffries Interim Hamett County Manager PO Box 760 Lillington, NC 27546 Dear .Mr. Jeffries, Post Office Box 1153 Smithfield, NC 27577 (919) 989-7278 Phone (919) 989-8943 Fax Thank you for your support of the Eleventh Judicial District ReEntry, Inc. The financial support provided in recent years by the County of Hamett has allowed us to continue and improve the HALT Program, the NC certified batterer's treatment program in the county. As budget negotiations begin for the upcoming new fiscal year, we once again seek funding for HALT in the amount of $25,000. As you know, HALT is a 13 month abuser treatment program that strives to break the cycle of abuse through education, treatment, and specialized case management. Participants are required to eam 30 weekly credits, 6 monthly aftercare credits, and submit to random drug testing. In addition to direct services, we staff Domestic Violence Criminal Court and maintain ongoing victim contact. Progress reports are submitted to Probation, the District Attorney's office, the Department of Social Services, and other referring agencies. We look forward to our continued collaboration in our efforts to break the cycle of abuse and eliminate domestic violence. Thank you for supporting our efforts in "Promoting Healthy Choices, Building Strong & Safe Communities". Sincerely, Dot Ehlers Executive Director 600 South Magnolia Avenue Dmm, NC 28334 February 7, 2013 Mr. Jim Burgin, Chainnan 102 E Front Street Lillington, NC 27546 Dear Mr. Burgin Harnett County Literacy Harnett County Literacy ·.··:·. Phone: 910.891.4111 direetor@barnettliteraey.org Harnett County Literacy is a non-profit agency in Harnett County which is striving to empower adults through education. We are presently serving adults in Harnett County communities who want to improve their skills in reading, writing, matll, and computers. We offer free services and materials to our clients at a convenient time and location for either one to one or small group tutoring. Our tutors are dedicated volunteers who freely offer their time and talents to make this program work. Our strength is the customized learning that our learners receive from individual lesson plans. This allows learning at the students individual pace rather than a classroom setting. Illiteracy is a concern in our communities as it proves to be an economic and social barrier for a significant number of citizens. The Fort Bragg BRAC Task Force reported in 2010 that of the eleven surrounding counties approximately 32% of the population does not have a high school diploma or GED. Our program includes Adult Basic Skills (ABE), English for Speakers of Other Languages (ESOL) and Computer skills components. These components are all directed to attaining aGED and higher education which is a must in today's job market. Most of the ABE students at Harnett County Literacy list obtaining a GED among their personal goals. It is also essential that these students become computer literate because GED testing will be completely computerized in January 2014. Our program has a proven record of success. One measure of an adult student's progress is their completion of an educational functioning level (EFL). Last year, 48% ofHCL's students completed at least one EFL. The NC Career and College Readiness program projected that highly effective programs should see 41% of students increase an EFL. Our programs exceeded that expectation. This translates into our students accomplishing goals and therefore attaining greater independence in their daily lives. In these difficult economic times. we have lost some of our previous funding fi·om the State and United Way as well as a total loss of funding from our host county, Harnett County. We have been fundraising and applying for foundation grants, but we remain in the critical position of barely maintaining our programs due to losses of funding and the resulting loss of staff hours. We would like the opportunity to further explain our program at a Harnett County Council meeling in the near future. It is our hope that the County will understand the importance of empowering our citizens with education to become better citizens. Please contact us at your earliest convenience to discuss such an opportunity. Sincerely, Claudia Farr. Board President camjfarr@msn.com Sharon Syck. Executive Direcror director@hamettliteracy .org Harnett County Martin Luther King, Jr. March 19, 2013 Observance Committee 115 N. Wilson Ave. Dunn, North Carolina 28334 Harnett County Manger's Office Attn: Joseph Jeffries-Interim County Manager I 02 Front Street Lillington, NC 27546 Mr. Jeffries The Harnett County Martin Luther King Observance Committee (HMLK) has been in existence since the year 2000. Each since that time we have conducted an annual parade and rally. We also conducted various outreach projects and event designed to enhance the community. We are seeking a contribution from the Harnett County Board of Commissioners in the amount of $5,000.00 it is our desire this request will be funded in the upcoming county budget. If you have any questions regarding this request, I can be reached at 910-892-2962. lliam F. Myers Board President Enc: Secretary of State Destination as Non-Profit / Mareh 4, 2013 Harnett Couney Co••issioners P0Box759 Lillington, NC 27546 27546, (910) 814-5959 The Heart of Harnett Playhouse thanks you for your eontribution last year.. With your help we were very sueessfol with pa:rtne:ring with loeal sehools and bringing to Liltington a professional tea• fro• New York .. The partnerships and mpaet on our eo••unicy was benefieial to seniors, youth and loea.l eeono•y. We were able to provide •ini workshops whieh helped :raise •oney and edueate, inspire enlighten our audienees. The theatre had to upgrade the sound syste•.. This has been used by loea.l sehool groups for events sueh as The Math Bowl whieh is held in the theatre. We are eontinuing our fund :raising efio:rts by :rames, workshops and sponsorships. This season will be as entertaining and exeiting as last years. We look forward to providing qualicy p:roduetions that will enlighten and edueate our eo••unicy. The Board fo Di:reeto:rs :request funding fro• the Councy for the a•ount of $7000.00. We will •ateh funds by •e•be:rships, sponsors, :rames, bake sales tieket sales. Thank you for your eontinued support . . v / ~-... :, f~ .. L· ~./,~.j/~ . Joyee Gies President !!EiRTOFH..f.R \ETTPL il"JWl SDa l UIOO.CO.ll II if lflf .!fE..f.RTOFIIIR.\ETTPLi l"/1(}[ .'-iE.C0.1! downtown development corporation ~rep matters Dear Friends, It is \Vith extreme pride, excitement, and gratitude that a decade old vision and dream has now become a reality, the "Rebirth of Downtown Dunn". After 10 years of dreaming, planning and visiting other towns, we now have a Downtown· that we can all be proud of. The project and "heavy lifting" has been done through the partnership of the Downtown Dunn Development Corporation, City of Dunn, Dunn Area Tourism Authority, Dunn Area Chamber of Commerce and the Dunn Area Committee of 100. We are ready for the final touches and that is where we need your help. We are embarking on a $200,000 campaign and have enclosed a brochure outlining our program and sponsorship opportunities. We need your help and hope that we can count on you at some level. Your "Tax Deductible" gift will make it possible for us to complete our vision and help us celebrate, the "Rebirth ofDowntown Dunn". We sincerely appreciate your consideration and hope you will share in our pride by being part of this historic occasion. Sincerely, J. Dal Snipes P.S. A Downtown Ribbon Cutting & Celebration is being planned for May 2-4. PO Box 1011, Dunn, North Carolina 28225 President Dal Snipes-910-892-2121 Steven Neuschafer-910-230-3507 Yo u r g i f t w i l l be us e d to pa y fo r th e fe s t i v a l an d .t r e e li g h t i n g in f r a s t r u c t u r e al o n g w i t h th e "s t r e e t s c a p e " e n h a n c e m e n t o f tr a s h re c e p t a c l e s , tr e e gr a t e s , an d be n c h e s . 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(In / ,G ) 1v l i c r r : _ ; uturc maitcr:s What is Domestic Violen c e ? Domestic violence is a pattern o f co e r c i v e be - haviors used in effort to maintain co n t r o l ov e r a spouse or partner. Domestic vio l e n c e in c l u d e s hitting (with hands or objects), pu s h i n g , bi t i n g / kicking/ or forced sex. Domestic vi o l e n c e al s o includes non-physical abuse1 suc h as ma k i n g threats, shouting, name calling, an d ot h e r be - haviors used to frighten someone . What is Sexual Assault? Sexual assault is a conduct of sex u a l o r in d e - cent nature toward another pers o n ac c o m p a - nied by actual or threatened phy s i c a l fo r c e t h a t induces fear/ shame, or mental su f f e r i n g . Se x - ual assault is sexual conduct that is fo r c e d up o n a person without consent or that is in f l i c t e d upon a person who is incapable o f gi v i n g co n - sent (because of age or physical or me n t a l in c a - pacity). What is Stalking? Stalking is the act or crime of wil l f u l l y a n d r e - peatedly following or harassing an o t h e r pe r - son. Stalking occurs in circumsta n c e s th a t se r i - ously alarm1 annoy/ intimidate1 or ca u s e a re a - sonable person to fear injury or de a t h be c a u s e of express or implied threats. Services Offered At SAFE : • 24 Hour Crisis Line • Crisis Counseling and Support • Emergency Hospital Response • Courtroom Companionship ~ Restraining Order Assistance e. Shelter W h a t Ca n We Do A b o u t It ? Fo r Su r v i v o r s : lt 1 S no t yo u r f a u l t ! Yo u ar e no t re s p o n s i - bl e fo r so m e o n e el s e / s co n t r o l l i n g be - ha v i o r . Yo u ha v e ch o i c e s to he l p he a l yo u r s e l f an d ke e p yo u an d yo u r f a m i l y sa f e . Yo u ca n ca l l SA F E at 91 0 . 8 9 3 · 7 2 3 3 to ta l k ab o u t yo u r op t i o n s . Fo r Fa m i l y , Fr i e n d s & Ot h e r s Do yo u r pa r t to ke e p vi c t i m s sa f e an d ho l d of f e n d e r s ac c o u n t a b l e . Ex p l o r e an d ho n o r th e vi c t i m / s ch o i c e s , wh e t h e r yo u ag r e e wi t h th e m or no t . Co n d e m n ab u - si v e be h a v i o r , bu t ne v e r co n d e m n th e vi c t i m . S u p p o r t SA F E Be c o m e In v o l v e d - Vo l u n t e e r - Do n a t e Pl e a s e vi s i t Fa n t a s t i c Fi n d s Fa n t a s t i c Fi n d s is a th r i f t st o r e op e r a t e d by SA F E wh e r e yo u ca n do n a t e ge n t l y us e d cl o t h i n g an d ho u s e h o l d go o d s . Al l pr o c e e d s fr o m Fa n t a s t i c Fi n d s su p p o r t SA F E . Th r i f t St o r e Ho u r s : Tu e s d a y - Fr i d a y 1o : o o a . m . - s: o o p. m . Sa t u r d a y - J. o : o o a. m . - 2 : 0 0 p . m . W h a t Ca n SA F E A d v o c a t e s Do ? " Li s t e n to yo u . " Pr o v i d e co n f i d e n t i a l se r v i c e s . " Pr o v i d e cr i s i s co u n s e l i n g / em o t i o n a l su p - po r t an d gu i d a n c e . " In f o r m yo u o f yo u r ri g h t s . " Ex p l a i n ho w th e c o u r t pr o c e s s wo r k s . " Fi n d in f o r m a t i o n fo r yo u ab o u t wh a t is ha p p e n i n g in yo u r co u r t ca s e . " As s i s t yo u wi t h yo u r ap p l i c a t i o n fo r a do - me s t i c vi o l e n c e pr o t e c t i v e or d e r if yo u ar e a vi c t i m o f do m e s t i c vi o l e n c e . .. Te l l yo u ab o u t Cr i m e Vi c t i m Co m p e n s a - ti o n an d he l p yo u fi l l ou t th e fo r m s . " In f o r m yo u of co m m u n i t y se r v i c e s av a i l a - bl e to yo u . " He l p yo u in f o r m yo u r em p l o y e r if yo u ha v e to mi s s wo r k to at t e n d co u r t du e to se e k i n g a do m e s t i c vi o l e n c e pr o t e c t i v e or d e r " Pr o v i d e a se c u r e pl a c e to wa i t du r i n g co u r t pr o c e e d i n g s April 25, 2013 Harnett County Board of Commissioners Attention: Mr. Tommy Burns, Town Manager P. O.Box 759 Lillington, North Carolina 27546 ~c~ 4/J;? ?9 ~.0 ~~. <'o"' %;._.~ Re: Shawtown Community Building Improvement Grant Dear Mr. Burns: Shawtown Community Building was planned and made possible by citizens of community concerns for a central meeting place other than church and school. Many of those concerned citizens are now deceased. Presently, the building is in need of repairs and more tables and chairs. Our hope is that you can provide a sizeable grant to help make Shawtown Community Building continue to stand as a credit to the Shawtown Community and provide useful, respectable and safe service for citizens. Your help in years past was greatly appreciated and we hope you will help us again. Thanking you kindly for considerate and positive action, we are l<~~~ Kenneth Johnson ~/tfL.~~ Golda M. Bailey Triangle South Enterprise Center 600 South Magnolia Avenue Dunn, North Carolina 28334 March 28, 2013 Mr. Tommy Burns County Manager P. 0. Box 759 Lillington, NC 27546 Dear Mr. Burns: (910) 892-2884 On behalf of Triangle South Enterprise Center we would like to request $30,000.00 in funding for the year 2012-2013 for the purpose of further renovations and general repairs to Triangle South Enterprise Center. The building is over 90 years old. There are always things that have to be repaired and replaced. In the last year we have repaired and replaced several heating and air conditioning units and will have to continue repairing and replacing more in the coming year. As with any older building, wiring and plumbing repairs have to be taken care. Triangle South Enterprise Center has operated since 1987. In 2012 we celebrated our 25 1h anniversary. Since inception 133 businesses have started at Triangle South Enterprise Center, 73 have left as graduates and 17 businesses are located at the center now. With the center we have helped create or save over 3,500 jobs. We have also helped clients in Harnett County and surrounding areas with access to capital totaling over $12,000.000.00 and made loans to 96 businesses. We serve as the Small Business Center for Central Carolina Community College for Harnett County, we assist clients with starting businesses, accessing capital, business expansions, and purchase or construct buildings, purchase equipment, refinancing debt, access office space and many other services. Other entities use space to include Central Carolina Community College which uses space for educational courses and counseling. Many people have received their GED at Triangle South through ecce. We also offer Continuing Education, GED, Certified Nursing Assistant and small business courses and seminars. The Center is also used for a meeting place for city and governmental agencies, health agencies, civic organizations and many more. Your funding will allow us to continue in assisting with economic development and educational needs. The improvements made by these funds will help us operate more effectively. I am most appreciative of your past support and I look forward to your continued support. Please contact me at 910-892-6011 if you have any questions. Sincerely, William P. "Abe" Elmore President "Nurturinrz Business Potentiallntn Prnfi.t" Special Olympics North Carolina Harnett County April 4, 2013 Harnett County Board of Commissioners PO Box 759 Lillington, NC 27546 Dear Commissioners, Thank you for your generous support of Special Olympics, North Carolina, Harnett County, during the past year. Your funding has gone a long way to accomplish so much. We had 69 athletes participating in our 2011 spring games, 112 in 2012 and more than 190 this year. And, this is just one day out of the year-round opportunities we offer in basketball, aquatics, bowling, bocce, cycling, softball and power Lifting. We could not have provided these services without the $10,000 you so graciously provided. That money along with contributions from individuals and businesses will have been exhausted after expenditures for the 2013 games. These gifts are used exclusively to provide year-round sports training and competition opportunities for athletes in our area, including equipment, uniforms, sports facility rentals and travel expenses. The Athletes are never charged to participate, so your financial support is vital. There are no positions including mine, coaches or other volunteers receiving compensation for their work in conducting the program. I am respectfully requesting that you again grant $10,000 to fund this much needed and deserving program. I can ensure you that you are having a tremendous impact in the lives of a very special segment of our county's population. Thank you and God bless you all. Sincerely, /)~o/ Debbie Overby, Coordinator Special Olympics Harnett County debbieoverby@hotmail.com 919-292-3114 Joseph Jeffries, Interim County Manager P.O. Box 759 102 East Front Street Lillington, North Carolina 27546 Dear Mr. Jeffries, February 13, 2013 Please accept this letter as a request for funding in the 2013-2014 Harnett County Budget. SAFE of Harnett County, Inc (SAFE), is a private, non-profit organiLation whose mission is to provide safety and serve as an advocate for sexual assault and domestic violence victims/survivors and their families. SAFE is the only organization in Harnett County that provides supportive services to victims of domestic violence and sexual assault. SAFE was incorporated in December 1987 as Rape Crisis Incorporated (RCI), and in 1989, RCI expanded services to include victims of domestic violence. Prior to 1995, clients were sheltered at the Beacon mission, local motels or sent outside the county. Our shelter opened in December 1995. All food, clothing and housing, as well as other support services, are provided free of charge. Last year, SAFE sheltered over 73 women and children. SAFE services include emergency support, courtroom companionship, restraining order assistance, housing assistance, shelter, and support groups. Our current operating budget is approximately $325,000. Presently, SAFE employs full-time: an executive director, victim advocate, shelter manager and shelter advocate. SAFE also employs part-time two shelter advocates and a thrift store clerk. We also have numerous volunteers who provide invaluable services. In fiscal year 2011-2012, SAFE served 632 victims of domestic violence and sexual assault. The demand for the services that SAFE provides continues. Funding from Harnett County would assist SAFE in making sure the basic needs of shelter residents are met. SAFE is requesting $30,000 for program operation. Thank you in advance for your consideration of our funding request. Should you have any questions or need additional information, I can be reached at (910) 893-7233, or tonya@safeofhc.org. Sincerely, Tanya Gray Executive Director Habitat For Humanity of Harnett County April 30, 2013 P.O. BOX 2157 DUNN, NORTH CAROLINA 28335 (910) 891~~~ti) Dear Mr. Tommy Bums. County Manager Ladies and Gentlemen ofthe Harnett County Board of Commissioners, Last year Habitat for Humanity was blessed with a donation from Harnett County which helped us tremendously to complete our work for the year. We are very thankful for your support. fhhitnt for Ffllrnanity is somewhat different from other non-profits. We not only help the new home owner but also provide revenue to the county and towns we build in as well as insurance agencies, building suppliers and other trades. For instance, last year Habitat paid somewhere over $20,000.00 in taxes to Harnett County and the towns we are located in. We hope that if we get enough funding this year we will be able to build three houses. This will be over 20 homes we have built in Harnett County. As you know the more houses we build the more tax revenue will be flow back into the county and towns. Habitat tor is a win for everyone. For the families who thought they would never be able to own a home of their own, generating tax revenue, revenue for local businesses and helping to eliminate poverty in our area. We do all we can within our small group. We are going to have a BBQ plate sale on September and a golf tournament in October. We also are planning to have several smaller fund raisers. This will help but will not build a house. Ladies and gentlemen, Habitat for Humanity needs help. Please help fulfill our mission - building homes for God's people in need and getting them into a home of their own that they can afford. Please consider seriously approving our request for $25,000.00 in the "" • .._ • Tr'" " 1 •11 1 ' 1" county bud.gei tms year. H we car1 reacn our gva1 you 'Ni1 never !{fivi-Y no'vv ma:::1y .lves can be touched. With your support we can make a difference. I think with the new leadership we now have in the county we will have much success this coming year in Harnett County. Since there are some new members on the board this year that might not be familiar with Habitat for Humanity, we would welcome the opportunity to come and speak with you and the board and explain our objectives. Peace, hope and patience, ~,tff tp~fo~ Bill Cunningham, Executive Director Habitat for Humanity of Harnett County, Inc. 11:00 am Finance Officer's Report: Petty leave policy Current Policy. Section 20. Petty Leave An employee of the County shall be allowed seventy (70) minutes per month or fourteen (14) hours per year petty leave with pay over and above sick leave or vacation leave with pay. An employee may take petty leave in increments of fifteen (15) minutes up to a maximum of three (3) hours, with the permission of the supervisor. Petty Leave may not be used in conjunction with any other leave. Petty Leave is not a right which an employee may demand but a privilege granted by the Board of Commissioners. Petty leave will be in addition to any other leave which the County employees may earn and accumulate, but it will not accumulate beyond the end of a calendar year. Employees are encouraged to not accumulate petty leave because there is no guarantee that it will be granted before the end of the calendar year. Petty leave is granted for personal matters which cannot be transacted outside of office hours, time lost reporting to work, medical appointments and absences due to adverse weather conditions. Recommended Change Section 20. Petty Leave All full time regular employees of the County shall be allowed fourteen (14) hours per year of petty leave with pay over and above sick leave or vacation leave with pay. Beginning January 1 of each calendar year employees will receive fourteen(14) hours of petty leave. Employees hired after January will receive petty leave on a prorated based on hire date. An employee may take petty leave in increments of fifteen (15) minutes up to a maximum of three (3) hours, with the permission of the Supervisor. Petty Leave may not be used in conjunction with any other leave. Petty Leave is not a right which an employee may demand but a privilege granted by the Board of Commissioners. Petty leave will be in addition to any other leave which County employees may earn and accumulate, but it will not accumulate beyond November 30 and all petty leave balances will expire November 30, of each calendar year. All petty leave taken in November must be recorded no later than the December payroll. Employees are encouraged not to accumulate petty leave because there is no guarantee that it will be granted before the end of November 30. Petty leave is granted for personal matters which cannot be transacted outside of office hours, time lost reporting to work, medical appointments and absences due to adverse weather conditions. 11:15 am County Manager's Report: Regular Meeting Agenda Review Consider and Approve** the revised 2014 meeting schedule of the Harnett County Board of Commissioners (changes include deletion of the February 11 Special Session, addition of February 25 Planning Retreat and quarterly meetings with the Board of Education which have been reviewed by Superintendent Frye) Monday Tuesday Monday Monday Monday Monday Monday Monday Monday Monday 2014 Schedule of Meetings Harnett County Board of Commissioners January 6 9:00am Board Meeting am January 21 7:00pm Board Meeting am February 3 9:00am Board Meeting February 17 7:00pm Board Meeting am March3 9:00am Board Meeting l1 am March 17 7:00pm Board Meeting 1 am April7 9:00am Board Meeting am April21 7:00pm Board Meeting am MayS 9:00am Board Meeting am May19 7:00pm Board Meeting Monday Monday Monday Monday Monday Monday Tuesday Monday Monday Monday June2 June 16 1 July 7 July 21 August4 August 18 September2 9 September 15 October 6 October 20 am 9:00am Board Meeting am 7:00pm Board Meeting am 9:00am Board Meeting am 7:00pm Board Meeting am 9:00am Board Meeting am 7:00pm Board Meeting am 9:00am Board Meeting am 7:00pm Board Meeting am 9:00am Board Meeting am 7:00pm Board Meeting am Monday November3 9:00am Board Meeting am Monday November 17 7:00pm Board Meeting am Monday December 1 9:00am Board Meeting 9 am Monday December 15 7:00pm Board Meeting ***Meeting dates/designations may change with 48 hours notice*** RULES OF PROCEDURE HARNETT COUNTY BOARD OF COMMISSIONERS IV. REGULAR AND SPECIAL MEETINGS Rule 6. Regular and Special Meetings 1) Regular Meetings: The Board shall hold regular meetings as follows: First Monday of each Month at 9:00 a.m. Third Monday of each Month at 7:00 p.m. If the regular meeting day is a holiday on which county offices are closed, the meeting shall be held on the next business day or such succeeding day as may be specified in the motion adjourning the immediately preceding regular meeting. Regular meetings are held in the County Administration Building. The Board may change or cancel the place or time of a particular regular meeting or of all regular meetings within a specified period by resolution adopted, posted, and noticed at least seven days before the change takes effect. Such a resolution shall be filed with the Clerk to the Board and posted at or near the regular meeting place, and copies shall be sent to all persons who have requested notice of special meetings of the Board. 2) Special Meetings. The Chairman or a majority of board members may at any time call a special meeting of the Board by signing a notice stating the time and place of the meeting and the subjects to be considered. The Clerk shall cause the notice to be posted on the bulletin board in the courthouse, on the door of the meeting room, and delivered to the Chairman and all other Board members or left at the dwelling place of each Board member at least 48 hours before the meeting. In addition, the notice shall be delivered to individual persons and news organizations that have requested such notice. 3) Emergency Meetings. The Chairman or a majority of members may call an emergency meeting to deal with an unexpected circumstance requiring immediate consideration. The person or persons calling the emergency meeting shall cause notice of the meeting to be given to the other Board members and the public. 4) Special Sessions, Retreats and Committee Meetings. The Board may schedule Special Sessions, retreats, forums, conventions, association, and committee meetings, or other information meetings of the Board or of a majority of its members at such times and concerning such subjects as may be established by resolution or order of the Board. A schedule of such meetings held regularly shall be filed in the same place and manner as the schedule of regular meetings. Special Sessions and other informal official meetings not held regularly are subject to the same notice requirements as special Board meetings.