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  • Economic Development Authority Meeting 4/18/2023
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Economic Development Authority Meeting   4/18/2023

Attachments
  • 1 - EDA Agenda_4-18-23.pdf
  • 2 - EDA Minutes_2-21-23_DRAFT.pdf
  • 3 - EDA Financial Report APRIL 18 Period Ending 2-28-23.pdf
  • 4a - TJ Foundation_LIBOR_Amendment_Draft.pdf
  • 4b - Resolution_TJF_LIBOR_Amendment.pdf
  • 4c - Motion to Adopt Resolution Amending Bond Agreement_TJF.pdf
  • 5 - Closed Mtg Motion_4-18-23.pdf
  • 6 - Notice of Regular Meeting.pdf
  • EDA Minutes_April 18_EXECUTED_2023.pdf
  • EDA Minutes_April 18_APPROVED_2023.pdf
    • SPEAKER_00
    • 00:02:35
      That's good to know too, thank you.
    • SPEAKER_07
    • 00:02:37
      Now, at this point, are you hearing?
    • SPEAKER_09
    • 00:02:39
      Are we good to go?
    • 00:02:41
      Audio is good?
    • 00:02:42
      Check, check.
    • 00:02:44
      As they say in the biz.
    • 00:02:46
      Not at this time.
    • SPEAKER_07
    • 00:03:26
      I don't know.
    • 00:03:34
      I don't know.
    • 00:04:21
      So the reason I thought you might find that
    • SPEAKER_05
    • 00:05:03
      I don't know if that's true or not.
    • SPEAKER_07
    • 00:05:07
      It's just all of those things.
    • 00:05:09
      Any place you want to live is history.
    • SPEAKER_06
    • 00:05:55
      I read an article, author of this book, and I heard it on NBR, and I was like, you know, I don't know anything about style.
    • 00:06:20
      Stalin to 1929.
    • 00:06:23
      So right now I'm in the second volume, which is 800 pages, of Stalin, like 1929 to 1941.
    • SPEAKER_07
    • 00:06:29
      So I'm having to do the audio book, too, as I go along, just so that I can see.
    • 00:07:04
      I had a Civic Center Director in my Civic Center in Vermont.
    • 00:07:31
      I think it's a similar sort of thing to this one.
    • SPEAKER_08
    • 00:08:04
      on Death Shadow, it's an improvement video.
    • 00:08:19
      Do we have a quorum?
    • SPEAKER_06
    • 00:08:27
      We have Director McNaughton and Director Mottola on live.
    • SPEAKER_07
    • 00:08:37
      That was my fault, I stopped the conversation.
    • SPEAKER_06
    • 00:08:50
      I'm sorry about that.
    • 00:09:09
      We try to run a tight ship here.
    • SPEAKER_07
    • 00:09:12
      May I say, if this is like the airport authority, it's going to be a tight ship.
    • 00:09:16
      That's right.
    • 00:09:17
      That's right.
    • 00:09:18
      All right.
    • 00:09:21
      All right.
    • SPEAKER_06
    • 00:09:24
      So we've got two members who are going to participate remotely, but we have to go through our remote.
    • 00:09:33
      So I guess I'll call the meeting to order.
    • 00:09:35
      And then we need to, what do we need to do, Richie, on the remote?
    • SPEAKER_05
    • 00:09:41
      We'll take them up individually, but I think there has to be a motion.
    • 00:09:47
      Mr. McNaughton has indicated that he would like to participate virtually because of a medical reason, I understand.
    • 00:09:53
      Am I correct?
    • 00:09:54
      Yes, sir.
    • SPEAKER_07
    • 00:09:55
      That's correct.
    • SPEAKER_05
    • 00:09:57
      So there would have to be a motion to allow him to.
    • SPEAKER_06
    • 00:10:00
      I move that he be allowed to participate virtually for medical reasons.
    • SPEAKER_04
    • 00:10:09
      I second the motion.
    • SPEAKER_06
    • 00:10:14
      On advice of council, is there a second?
    • 00:10:20
      A second.
    • 00:10:21
      All right.
    • 00:10:21
      All in favor?
    • 00:10:22
      Aye.
    • 00:10:23
      All right.
    • 00:10:25
      And then Mr. Patola.
    • SPEAKER_05
    • 00:10:28
      He has asked to participate virtually because of a business commitment.
    • SPEAKER_06
    • 00:10:33
      OK.
    • 00:10:34
      I move that he be allowed to participate virtually as a result of a business commitment.
    • 00:10:38
      Is there a second?
    • 00:10:40
      Seconded.
    • 00:10:41
      All right.
    • 00:10:41
      All in favor?
    • 00:10:42
      Aye.
    • 00:10:43
      All right.
    • 00:10:47
      And then, so next is matters from the public.
    • 00:10:52
      Does anybody sign up to speak?
    • 00:10:53
      Anybody online?
    • SPEAKER_07
    • 00:10:55
      OK. Have we ever had any bias since we adopted that policy?
    • SPEAKER_09
    • 00:11:00
      Since.
    • SPEAKER_07
    • 00:11:03
      So approval of the minutes.
    • SPEAKER_06
    • 00:11:18
      The minutes were circulated.
    • 00:11:22
      Are there any comments on the minutes?
    • 00:11:36
      Aye.
    • 00:11:39
      And then financial.
    • SPEAKER_08
    • 00:11:42
      Financial report.
    • 00:11:43
      I'll report that for the period ending 2-28-23, before the calendar year, FY for the fiscal year, excuse me, we have net revenues of negative $45,253.05.
    • 00:12:04
      That is constituted by operating net revenues, expenditures $1,038,401.43 combined with pass-through revenue of $1,014,405.04
    • 00:12:32
      leaving us with a slightly smaller cash and cash equivalent balance from the last time we met of $868,220.99.
    • 00:12:43
      If you look at the financial statement, you'll notice that we started receiving loan repayments from Lewis and Clark and news guys in recent months.
    • SPEAKER_06
    • 00:13:17
      because that happened before I was on the team.
    • SPEAKER_08
    • 00:13:21
      So J.T., you want to summarize that quickly?
    • SPEAKER_03
    • 00:13:27
      So there was an AFID facility grant that was provided, I believe, in the 2017-2018 timeframe.
    • 00:13:38
      As a result of not meeting the performance benchmarks, we needed to call back the grant that had been provided.
    • 00:13:52
      the portion of the grant that was owed based on the amount that they did not meet the performance standards is prorated based on.
    • SPEAKER_08
    • 00:14:01
      It wasn't a complete clawback, it was a prorated clawback.
    • 00:14:04
      And they have satisfied, they have satisfied in your plan.
    • SPEAKER_07
    • 00:14:16
      That's right.
    • SPEAKER_03
    • 00:14:18
      The state and the county have, in every instance, done their best to make them totally performance-based, where no money goes out the door unless performance is all right.
    • SPEAKER_06
    • 00:14:33
      So my question about the financial statements is, and I think I noticed this just this month because of the negative value, but do we have a, I'm assuming that that's
    • 00:14:50
      that the Board of Supervisors has passed through money.
    • 00:14:55
      And I wonder if there's a way for us to track that a little better so we can see.
    • 00:15:00
      The ebb and flow.
    • 00:15:02
      Yeah, just so that if we've got money that's gone out and we haven't gotten another, just so we can see what it is.
    • SPEAKER_08
    • 00:15:07
      Yeah, the one thing that doesn't show up in our statement is the past revenue received in that regard, against which we're now inching
    • SPEAKER_06
    • 00:15:25
      and period, we wouldn't necessarily see that.
    • 00:15:28
      I guess- And that's what's happened, and that's why we still have a significant cash balance overall, but we've- I guess what I would like to, so that it's clear that we don't have a sort of operating loss here as to what's going on, because we really got, but maybe we need to separate it out and pass through money differently than
    • SPEAKER_08
    • 00:15:57
      sort of when you look at the bulk of our transactions, yeah.
    • SPEAKER_06
    • 00:16:01
      But if we were to change the situation where we were generating more EDA revenue as opposed to pass through, it might make sense to think about ways to do that in the future.
    • SPEAKER_03
    • 00:16:21
      We can work with our finance department to figure out a way to better separate those two
    • SPEAKER_08
    • 00:16:27
      Yeah, and if you're interested in that, Don, I didn't mention this figure, but it's always worth mentioning, too, as a subset of the big numbers, and that is that for the fiscal year so far, 88 bond fees and interest total about $36,000.
    • SPEAKER_06
    • 00:16:40
      Yeah, that's all that in there.
    • 00:16:42
      It's just sort of that big negative balance.
    • 00:16:44
      I assume it was mostly just the timing.
    • 00:16:47
      It is.
    • 00:16:49
      Any other questions?
    • 00:16:51
      All right.
    • 00:16:54
      So on to new business.
    • SPEAKER_03
    • 00:16:57
      Thank you, Mr.
    • 00:17:01
      Chair.
    • 00:17:02
      We'll have an abbreviated staff report today.
    • 00:17:06
      probably noticed that Director Roger Johnson is not with us today, so I just have a few announcements that I'd like to make that are coming up, and I'll start with the Piedmont pitch, and Ashley has been leading that effort for our office, so I'll turn it over to her.
    • SPEAKER_09
    • 00:17:24
      Thank you.
    • 00:17:25
      Yes, so I may have mentioned this at our last meeting, but the City of Charlottesville and our economic development offices
    • 00:17:32
      partnering with the Central Virginia Small Business Development Center, our neighboring partner here, to put on this Piedmont Pitch, first ever event.
    • 00:17:41
      I believe there was a really successful one in Scottsville last year that had a lot of really great reports and feedback.
    • 00:17:49
      But essentially it's an opportunity for startups and entrepreneurs and small businesses to get out there and practice pitching and practice presenting their business ideas
    • 00:18:01
      to potential investors and the grant funding for this award, if you will, for this pitch competition is $15,000.
    • 00:18:11
      So everyone has an opportunity to pitch for up to $15,000.
    • 00:18:17
      And there is going to be a big pitch event at the Wolf Factory on May 11th at Salvage Brewery.
    • 00:18:24
      They've been very, very
    • 00:18:26
      I'm generous in offering that space to us.
    • 00:18:28
      And so at five thirty on May 11th, we'd love for anybody that's listening or eager to to come check it out and see some really exciting
    • 00:18:44
      It is a loss.
    • 00:18:45
      It's an expansion.
    • 00:18:46
      So we'll have a continued enjoyment of that space for special events and things of that nature while salvage has to drop their water to expand and take home up in another county location.
    • 00:19:02
      So it's kind of a win-win situation there.
    • SPEAKER_07
    • 00:19:05
      Yeah.
    • SPEAKER_09
    • 00:19:06
      So what is the criteria?
    • 00:19:09
      They need to be located.
    • 00:19:11
      They have to have a business license.
    • 00:19:14
      May 1st, by May 1st, with either the county or the city, depending on where they plan to operate their business, startup general concept.
    • 00:19:24
      They could have been in business for a few years, but if they're operating under 25,000 a year or so, it's an opportunity just to take part in an education program, for the most part, and go through the CBS BDC's Business Essentials training
    • 00:19:43
      The grant goes to just one recipient.
    • 00:19:54
      The grant is a combination of funding that's been provided by our
    • 00:19:59
      Organization and the city and the CIC I think has kicked the community investment collaborative, I think has kicked in a little bit to get us up to that.
    • 00:20:07
      I think that I think that I think that Missouri is still out on that final decision.
    • 00:20:16
      That was my question.
    • 00:20:17
      Yeah, I think from my understanding, it wouldn't be it wouldn't be diluted to a point where people were getting
    • 00:20:25
      It would be more of a maybe a first and second place situation where it would be a reasonable resource to provide to them.
    • SPEAKER_06
    • 00:20:33
      Well I think it is important to have deep business practice because one of the things I've noticed having heard lots and lots of these pitches is people who are better at it raise more money.
    • 00:21:00
      Was there a comment?
    • 00:21:10
      John, Steve?
    • SPEAKER_07
    • 00:21:13
      None.
    • 00:21:14
      Thank you.
    • 00:21:16
      Yep, sounds good.
    • SPEAKER_03
    • 00:21:21
      Great.
    • 00:21:22
      Well, the next two bullets are both related to the same event.
    • 00:21:26
      The TomTom Festival is happening this week.
    • 00:21:29
      It's Wednesday through Friday, mainly here on the downtown mall.
    • 00:21:34
      And Project Enable talks a lot about the entrepreneurial ecosystem and how important that is.
    • 00:21:40
      There's a number of events over the next few days that are in support of that ecosystem.
    • 00:21:47
      Some of our most important partners will be having presentations and
    • 00:21:51
      events and networking, and we have a few extra passes that we'd like to offer the EDA directors if you're interested in attending any of those.
    • 00:22:00
      The schedule is comprehensive, so I think that I would be best served by sending an email to the directors that has a link to everything that's being offered.
    • 00:22:14
      but there's some that are focused on the target industries of Project Enable that I know Ashley and I are planning to get to and just wanted to make the EDA directors aware that that's available.
    • SPEAKER_04
    • 00:22:28
      I would be happy to fly the flag but the schedule was a little confusing because there was so much going on so I would happily take your advice if you wanted to point me at anything in particular, something that you could, if you can't be in two places at once or whatever's helpful for you.
    • 00:22:43
      Yeah, same here.
    • 00:22:44
      Okay, great.
    • SPEAKER_02
    • 00:22:45
      J.T., if you don't mind, would you include me on that?
    • 00:22:48
      Absolutely.
    • 00:22:49
      I realize I'm looking at my calendar and I signed up for two things and I think they're within like a half an hour of each other.
    • 00:22:55
      That's not going to work.
    • 00:22:57
      So let me wrap my head around where I am.
    • 00:22:59
      Absolutely.
    • 00:22:59
      That'd be great because I agree with you.
    • 00:23:01
      I was sort of, it was, yeah, and I was accepting a couple of things but not realizing.
    • SPEAKER_03
    • 00:23:07
      There's, I think the intent is to have a
    • 00:23:26
      All kinds of stuff going on.
    • 00:23:34
      Back in October, Ravi Respedo, the Chief of the United Way of Greater Charlottesville was here to talk about the Ambition Grant.
    • 00:23:44
      There will be an announcement formally announcing that program to the community on Friday evening, right outside the code building.
    • 00:23:53
      So all of the EDA, the entire community is invited, but because the EDA had heard those details and
    • 00:24:02
      provided feedback on that program.
    • 00:24:05
      I wanted you to be aware of when that particular event was taking place.
    • SPEAKER_09
    • 00:24:10
      I think in addition to that, too, during that announcement, we will have a table set up as a sponsor for the Black Business Social alongside the United Way, so it'll be down there by that stage with all the jazz bands and the DJs and a little dancing and whatnot.
    • SPEAKER_03
    • 00:24:28
      So everyone's welcome to join that.
    • 00:24:30
      And that is the end of the staff report.
    • 00:24:32
      I can take any questions or... All right.
    • SPEAKER_07
    • 00:24:39
      Sorry, could you go back to the staff report?
    • SPEAKER_08
    • 00:24:44
      It's right there.
    • 00:24:51
      Monkey wrenches everywhere.
    • SPEAKER_07
    • 00:24:52
      Actually, I was on the webinar.
    • SPEAKER_06
    • 00:24:57
      Alright, so next on the agenda is the Thomas Jefferson Foundation bond amendment.
    • 00:25:04
      And Curtis Saunders from McGuire Woods is here to talk about term SOFR.
    • 00:25:12
      So we all look forward to that.
    • SPEAKER_01
    • 00:25:17
      Yes, thank you.
    • 00:25:18
      Good evening, everyone.
    • 00:25:20
      And thanks for having me tonight and getting us on
    • 00:25:23
      The agenda so quickly, we really appreciate it.
    • 00:25:27
      I know the foundation appreciates it and we at Maguire Woods who serve as bond council appreciate it as well.
    • 00:25:35
      So I'm probably telling you what you already know, but back in 2011, the EDA issued bonds that assisted the foundation with refinancing the construction of a visitor and education center at Monticello.
    • 00:25:52
      And the interest rate on those bonds is based on, or rather calculated based on the LIBOR index, which is going away in June.
    • 00:26:04
      So of course we need to make amendments to our original financing documents to replace that index.
    • 00:26:12
      So the resolution before you approves making those amendments.
    • 00:26:17
      and just so you know the new index it will be based on SOFR which is a pretty standard index that we're seeing replacing LIBOR and all of the amendments will be very targeted and only those necessary to make the rate changes and the bond documents so that's a three-party bond purchase and loan agreement and then the bonds themselves and I know it's important to you so I should point out that all of the
    • 00:26:47
      Protections that were in the original documents will remain, so no liability to the EDA and the indemnification for your members and staff.
    • 00:27:02
      I think that rather sums up what we're asking for, but I'm certainly happy to answer any questions that you all may have.
    • SPEAKER_06
    • 00:27:12
      Anybody have any questions?
    • SPEAKER_04
    • 00:27:14
      Ms. Andrews, thank you.
    • 00:27:15
      We had a similar, the same kind of action for another client last month.
    • 00:27:19
      So we had more discussion and explanation of it then.
    • 00:27:22
      I'm good on it now.
    • 00:27:23
      Thank you.
    • SPEAKER_06
    • 00:27:27
      All right.
    • 00:27:28
      And if there are no further questions, is there a motion on the resolution to approve?
    • 00:27:34
      Well, there we go.
    • 00:27:35
      There's the motion.
    • SPEAKER_08
    • 00:27:36
      I'd like to make the motion.
    • 00:27:39
      I will move that the EDA adopt the resolution as presented.
    • 00:27:43
      related to the amending of the Series 2011 Refunding Revenue Bond and to authorize the chair, vice chair, and treasurer to endorse all documents and take any actions described in the revolution to effectuate the amendments.
    • 00:27:57
      Is there a second?
    • SPEAKER_07
    • 00:27:58
      Good.
    • 00:27:59
      Second.
    • 00:27:59
      Should we call the roll?
    • SPEAKER_05
    • 00:28:02
      Director Long?
    • SPEAKER_07
    • 00:28:03
      Aye.
    • SPEAKER_05
    • 00:28:04
      Director Gray?
    • 00:28:05
      Aye.
    • 00:28:06
      Director Shreve?
    • 00:28:07
      Aye.
    • 00:28:08
      Director McNaughton?
    • SPEAKER_07
    • 00:28:09
      Aye.
    • SPEAKER_05
    • 00:28:11
      Director Mottola?
    • SPEAKER_07
    • 00:28:13
      Aye.
    • SPEAKER_01
    • 00:28:23
      Thank you all very much.
    • SPEAKER_06
    • 00:28:29
      It would not surprise me if we have a bunch of these in the next two months.
    • 00:28:35
      And then when there's a SOFR scandal, we'll switch to something else.
    • 00:28:40
      A little less easy to manipulate.
    • 00:28:49
      So next is closed session.
    • 00:28:53
      So I move that the Albemarle County Economic Development Authority go into a closed meeting as authorized by the Virginia Freedom of Information Act
    • 00:29:17
      for the expansion of the existing Albemarle County business, Project B-Friend, Project Fox, and Project Wacho, where no previous announcement has been made of their interest in locating or expanding their facilities in Albemarle County and the investment of public funds to support vocational expansion where bargaining is involved and where, if made public initially, would adversely affect the financial interests of the EDA in Albemarle County.
    • 00:29:44
      Is there a second?
    • 00:29:46
      I'll second that motion.
    • 00:29:47
      All right.
    • 00:29:49
      All in favor?
    • 00:29:50
      Aye.
    • 00:29:50
      All right.
    • 00:29:53
      Motion carries.
    • 00:29:55
      So are we moving?
    • 00:29:57
      We'll be moving next door to 235.
    • SPEAKER_09
    • 00:30:00
      All right.
    • SPEAKER_03
    • 00:30:03
      And John and Director McNaughton will be on Teams.
    • 00:30:08
      So we'll start that meeting on Microsoft Teams for you to join us virtually in room 235.
    • SPEAKER_07
    • 00:30:34
      or Secured.
    • 00:30:57
      Yeah, it's great.
    • 00:31:05
      Yeah, we feel very lucky to have them there.
    • 00:31:18
      It's good.
    • 00:31:31
      Robert Dole, Simon Hetman of the Neff against Gates.
    • SPEAKER_00
    • 00:32:53
      you
    • 00:34:12
      you
    • SPEAKER_07
    • 00:43:03
      Hey, yeah, I'm taking that.
    • 01:06:59
      Nothing came running.
    • 01:07:04
      It was like a PDF.
    • SPEAKER_09
    • 01:07:10
      I think that was a combination.
    • SPEAKER_06
    • 01:07:55
      So I move that the EDA certified by recorded vote that to the best of each director's knowledge only public business matters lawfully exempted from the open meeting requirements of Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting
    • SPEAKER_05
    • 01:08:29
      Dr. McNaughton.
    • 01:08:35
      He may not have heard the motion.
    • 01:08:38
      Director Lawless.
    • 01:08:40
      Aye.
    • 01:08:40
      Director Laurel.
    • 01:08:44
      Aye.
    • SPEAKER_07
    • 01:08:45
      Yes.
    • SPEAKER_03
    • 01:08:45
      OK, I'm in.
    • 01:08:46
      Aye.
    • 01:08:48
      I'm also here.
    • 01:08:49
      Aye.
    • SPEAKER_06
    • 01:08:51
      OK. All right.
    • 01:08:53
      The motion to certify has been adopted.
    • SPEAKER_05
    • 01:09:07
      I did not.
    • SPEAKER_06
    • 01:09:13
      So unfinished business, the unfinished business.
    • 01:09:19
      Other matters?
    • 01:09:22
      All right, well then I guess we are adjourned.
    • 01:09:27
      The next meeting is May 16th, although I guess there is some slight possibility we might have a special meeting depending on if there's something to be considered.
    • SPEAKER_05
    • 01:09:43
      The special meeting is interesting because the way we've set up the virtual meetings is that a special meeting could be held virtually.
    • SPEAKER_06
    • 01:09:53
      So if it is a fairly short