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  • Economic Development Authority Special Meeting (Virtual) 3/6/2025
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Economic Development Authority Special Meeting (Virtual)   3/6/2025

Attachments
  • 1 - EDA Agenda 3.6.25.pdf
  • 2a - Bond Memo.pdf
  • 2c - EDA Resolution to Amend Bond Issuance Fee Schedule 20250306.pdf
  • 3 - Notice of Special Mtg to Be Held Virtually 20250306.pdf
  • Revised 2b - Rules Procedures EDA Working DRAFT for 20250306.pdf
  • EDA Minutes 3-6-25.pdf
    • SPEAKER_06
    • 00:00:02
      So it looks like Steve is here.
    • 00:00:04
      So let's go ahead and call this meeting to order.
    • 00:00:13
      So we have a quorum and we will move right into our only business item of the agenda, which is the bond fees.
    • 00:00:30
      So Emily, did you want to talk about the slides or I wasn't sure who we're going to do that to start with.
    • Emily KilroyDirector of Economic Development
    • 00:00:39
      Yeah, so we've got a couple of just a couple of slides to orient the EDA to the matter before us today.
    • 00:00:46
      So you'll recall at the February meeting, we brought up under other matters that the
    • 00:00:54
      EDA had been approached by a company looking to use the EDA's conduit issuance powers for a project that they're looking to do in Albemarle County and part of the conversation with the requester was around would the EDA be interested in considering creating a second administrative fee type
    • 00:01:21
      And so at the meeting, you all discussed that and decided to schedule the special meeting to formally consider creating a second fee structure, sort of naming the current fee structure for tax exempt, which is more typical type of bond issuance that the EDA would be doing.
    • 00:01:42
      And then to create a second one for taxable bonds.
    • 00:01:45
      and to use a different fee structure approach for that.
    • 00:01:48
      So the administrative fee for bond issuance is part of the EDA's rules of procedure and currently the fee structure is $750 per million of bonds issued and then a prorated portion based on the outstanding principal each year.
    • 00:02:09
      And there's no call out of whether that applies to taxable bonds, tax exempt bonds, the way that that's currently written.
    • 00:02:18
      And so today we'll be discussing what it would look like to have a second fee type as part of the board, the EDA's rules of procedure.
    • 00:02:27
      Next slide.
    • 00:02:31
      The conduit issuer that the requester could go with instead of the EDA, if the EDA was not interested in creating a separate fee structure, is a group based in Wisconsin called the Public Finance Authority.
    • 00:02:45
      They have authority to issue bonds in any U.S. state and they are sponsored by the National Association of Counties and the National League of Cities.
    • 00:02:54
      The way that their fee is structured is $40,000 at closing plus three basis points annually on a declining balance.
    • 00:03:04
      Next slide.
    • 00:03:05
      So for consideration today would be to, again, create a separate fee for taxable bonds.
    • 00:03:13
      And a couple things just to note, as the EDA gets into your discussion, the PFA structure generates much higher fees at closing than your present fee.
    • 00:03:22
      And that makes sense.
    • 00:03:24
      There's a lot more work when you're evaluating and initiating a bond than there is in the annual obligations of administering that bond.
    • 00:03:34
      And so it makes sense that you would collect a higher fee at closing.
    • 00:03:36
      Another thing that we wanted to raise for the EDA's consideration is that for a bonded project that is physically located in Virginia, having a Virginia based conduit issuer will save the project owner state tax obligations each year.
    • 00:03:50
      So if they were to go with the PFA in Wisconsin, they would owe state taxes to Virginia using a Virginia-based conduit issuer they would not have.
    • 00:04:02
      And then also just a reminder that under the state code, any bonds that are issued by the EDA do not constitute a debt or pledge of faith of the faith and credit of the EDA, the county, or the Commonwealth of Virginia.
    • 00:04:15
      So the liability for making payments on the bonds lies with the obligor, so the project in this case, and not the EDA.
    • SPEAKER_00
    • 00:04:29
      Can I ask a quick question really quick before you change that?
    • 00:04:33
      Do we know what the potential tax liability is on that?
    • 00:04:40
      Like what percentage of the, is it just
    • 00:04:44
      for the state taxes that they would be saving.
    • Emily KilroyDirector of Economic Development
    • 00:04:48
      Jim, do you have a good response for that?
    • SPEAKER_02
    • 00:04:50
      They'll save 5.75% on the Virginia state income tax.
    • 00:04:55
      They won't have to pay that.
    • 00:04:57
      I also think that from what I've been told by the
    • 00:05:00
      Applicants bond attorney that the bank gets some brownie points for holding this bond in-house.
    • 00:05:07
      That's what it appears that it's going to do because of its quote public unquote nature, if you will.
    • 00:05:17
      And I've also told, as the memo says, this is really the first taxable issue that the authority has ever had come before it.
    • 00:05:28
      Although it's certainly had the authority to issue a taxable bond throughout its existence.
    • 00:05:34
      And one of the reasons for that is the
    • 00:05:37
      Great cost difference between having a tax exempt bond and having a normal commercial loan.
    • 00:05:45
      And I've been told that that cost difference has been narrowed down because of changing times very recently.
    • 00:05:56
      And what that means, I'm not fully able to expound upon.
    • 00:06:02
      Okay.
    • 00:06:02
      Thank you.
    • Emily KilroyDirector of Economic Development
    • 00:06:06
      Okay, on the next slide.
    • 00:06:11
      This is close to, we added one more line to the sort of fee structures for discussion that just to sort of get you all started today.
    • 00:06:21
      Avery Thompson, the management analyst for the Economic Development Office has the ability to bring up a live spreadsheet so we can look at adjusting closing fees and basis points over time.
    • 00:06:34
      to help aid in your discussion today.
    • 00:06:37
      But these are just a couple of different examples of some scenarios that we ran just to give you a sense of how things can change over time.
    • 00:06:46
      The fee structure is really pegged to the basis points on the principal that are billed annually as well as the closing fee.
    • 00:06:55
      So the second column is that one time closing fee.
    • 00:06:58
      The next column after that total annual fees
    • 00:07:01
      is just adding up what those annual fees over the life of a 20-year issuance are.
    • 00:07:05
      The next column is total fees collected over 20 years, so that's simply just adding the closing fee to the total annual fees.
    • 00:07:14
      And then the percent difference in total is showing taking that public finance authority structure as sort of our basis, what is the difference as you look at what the total fees over time would be for these different scenarios.
    • 00:07:32
      And then the notes column, the second row is that PFA rate.
    • 00:07:39
      And then the bottom row is the current EDA tax exempt rate.
    • 00:07:44
      for comparison.
    • 00:07:45
      So you can see sort of the life cycle and the annual differences for these different scenarios over time.
    • 00:07:50
      I think that's our last, okay.
    • 00:07:57
      Just one question that staff looked at was other Virginia localities that have bifurcated fees.
    • 00:08:05
      So we did find several examples of other EDAs in the Commonwealth where they offer a tax exempt and a taxable bond fee structure.
    • 00:08:13
      And these are just some examples of what we found.
    • 00:08:19
      One thing just to note here, half of them really just stick with a closing fee and then they do not do any annual billings.
    • 00:08:29
      The other half do sort of a similar to what we currently do, which is an annual billing based on the declining principle.
    • 00:08:42
      And that's all the prepared remarks we have for today.
    • SPEAKER_00
    • 00:08:44
      So I have another question.
    • 00:08:46
      I don't know, maybe Emily, you can go back to that spreadsheet that Avery put together.
    • 00:08:52
      So as we look at this, we talked about in the February meeting about if we, you know, it's a good thing for the EDA to look at investing so we can essentially increase our ability to give more away at a later date.
    • 00:09:10
      As we look at this and we kind of go through this analysis, would we be looking at taking this, essentially what would we do with this money, right?
    • 00:09:21
      Could we take this closing fee, invest it in something interest-bearing to build and start a seed to build later?
    • 00:09:29
      In which case it would be probably more beneficial to us to get a higher closing fee at the time of
    • 00:09:39
      You know, if we go forward because you're only looking really at $2,700 a year in the annual fees.
    • 00:09:47
      You know, if you take that, you know, $54,000, I used the $54,258.75 over 20 years, you're only looking at, you know, $2,700.
    • 00:09:59
      If we had a higher closing fee, we're able to invest that some sort of higher rate.
    • 00:10:04
      could we do more with it in the future going forward?
    • 00:10:08
      Or is that even an option?
    • 00:10:09
      I'm just trying to, you know, as we kind of talked about this, think about in the future what we might be able to do with this.
    • Emily KilroyDirector of Economic Development
    • 00:10:22
      I know Chair Long has some experience looking into you.
    • SPEAKER_06
    • 00:10:27
      I wonder if he would like to.
    • 00:10:29
      Yeah, so there are, you know, a lot of the money
    • 00:10:34
      that shows up on our, I can't remember what the column is on our financials is, but there's money that we've collected over time that's available for us to use, and this money would flow into that total.
    • 00:10:52
      In terms of interest that we could earn, this came up some point in the last six months or so,
    • 00:10:59
      The county has a specific fund that they invest in that has a rate of return, but it's a pretty low rate of return because there are limits on what government entities can do in terms of what they can invest in.
    • 00:11:18
      So one of the things that I had asked
    • 00:11:21
      Emily and Avery to do was to look in and see what other options there might be.
    • 00:11:27
      There are these municipal pools that are out there, some of which have slightly higher rates of return that the airport recently switched where it was
    • 00:11:39
      It has a lot of money that's sitting around waiting for projects because of funds that have come in for one reason or another, and it was able to earn a higher rate of return.
    • 00:11:52
      So I think there is the possibility of doing that, although certainly, I don't know that, I mean, none of those rates are particularly high because of the need to just keep that money
    • 00:12:06
      Keep the principal protected as as much as possible.
    • 00:12:09
      So there are real limits on how much we could actually earn on it.
    • 00:12:13
      But I do I agree with you.
    • 00:12:15
      I think there's some real benefits to getting the money up front as opposed to waiting for it to come in over time.
    • 00:12:23
      No doubt it gives it to us now.
    • 00:12:26
      And then, you know, and the other thing is potentially these bonds could be refinanced and go somewhere else, in which case
    • 00:12:35
      We can get that money down the road.
    • SPEAKER_02
    • 00:12:38
      And in that point, Don, just looking at the preliminary term sheet, which is not official, so this is pure conjecture.
    • 00:12:46
      If you look at the loan, it's part of the first couple of years is a temporary construction loan which floats and then the loan is going to be fixed through a swap mechanism and it's going to be amortized over 20 years.
    • 00:13:00
      But it looks like it's
    • 00:13:02
      The term sheet that was given me very recently has a 10-year period to it, so we're not looking at 20 years, we're looking at 10 years before all this may disappear if that's a help to you in your operations.
    • SPEAKER_05
    • 00:13:18
      Can we work backwards just a minute from, it looks like there are other options, not only nationally for organizations who are willing to do this, but also in Virginia.
    • 00:13:31
      So we're not gonna be the one-stop shop or the monopoly, I should say, for Virginia-based projects that want to avoid the state tax, state income tax.
    • 00:13:43
      So what do we have to do to be competitive?
    • 00:13:46
      talking about what we would like.
    • 00:13:48
      I'm not saying that's not relevant because why bother if it doesn't work for us as a county, but at the same time, where do we need to set this so that we have an attractive offering, at least for the current option before us and hopefully if we're going through this effort to have subsequent companies that would be interested in doing the same thing.
    • SPEAKER_00
    • 00:14:12
      Aaron, can you weigh in on that as far as just do you have any experience with our companies more apt to move away from a higher closing cost into the annual fees?
    • 00:14:25
      Do you have any like experience or Don or somebody with that?
    • 00:14:29
      I don't have experience knowing one way or the other on that.
    • SPEAKER_02
    • 00:14:33
      You know, Don, maybe you can help me.
    • 00:14:35
      If they hold the loan in-house, then they get the 5.75% if they're going to try to
    • 00:14:41
      to ship it out to other people, then it gets kind of hard to calculate depending upon whether or not Virginia holders or not.
    • 00:14:51
      You see what the public authority rate is, and there's definitely a reason that they decided to do a serious effort to come to us rather than to just go with what they knew they could get in Wisconsin.
    • 00:15:09
      And there's a sense that they
    • 00:15:12
      that they want to close really quickly sometime this month.
    • 00:15:16
      That sounds crazy, but that's, I mean, I sense they're in a hurry to close if that helps too.
    • SPEAKER_06
    • 00:15:24
      Yeah, I mean, they've put in, they submitted their application by the deadline, which was Tuesday, although we've asked for some additional information and more detail on some things and they want to present
    • 00:15:40
      at the meeting on the 18th.
    • 00:15:43
      I think, you know, when they approached us, their lawyer approached us, he said they wanted to do it.
    • 00:15:51
      If it was financially close, they wanted to do it here.
    • 00:15:57
      So I think it's a combination of probably the tax benefits that they get in Virginia, as well as, you know, wanting to
    • 00:16:06
      benefit the community here, as well as going to other EDAs.
    • 00:16:10
      I mean, my presumption is they could go to any other EDA in Virginia and get the same result.
    • 00:16:17
      That's the case with respect to, you know, non-taxable bonds or tax-exempt bonds, they can, it doesn't have to be the
    • 00:16:28
      the locality where the project is.
    • 00:16:33
      You know, my my feeling is I think we we need to be close to what the public finance, the Wisconsin Public Finance Authority is.
    • 00:16:44
      I don't know how I mean, as Jim pointed out, this is the first time anybody's ever asked us to do this.
    • 00:16:51
      So I don't know how likely it is that we're going to have to deal with this in the future.
    • 00:16:58
      So I don't know if we need to be competitive in terms of our general rates.
    • 00:17:03
      I do know that the rates that we're charging on our, currently our rate that applies to everything, probably maybe J.T.
    • 00:17:11
      remembers, but I think we did a review maybe five or six years ago and looked at what other authorities were doing just to make sure that we were kind of in line and they kind of go all over the map.
    • 00:17:28
      Because some of them want to do it, some of them don't.
    • 00:17:31
      There are some that are sort of down to the bottom.
    • 00:17:33
      And I think the thinking that we had at that point was that, you know, we wanted to be reasonable, but we didn't want to race to the bottom, I guess would be the
    • 00:17:46
      J.T., am I remembering that correctly?
    • SPEAKER_07
    • 00:17:49
      Yep, you're nailing it.
    • 00:17:51
      So in 2021, when we adopted the revised fee that's on the bottom row of this graph, that was a result of benchmarking other localities in our region and across the state.
    • 00:18:04
      Some still use a basis point method of calculation.
    • 00:18:09
      We were opting for a straight calculation of a fixed price per million every single year, just as a way of simplifying things for all the various people that are involved in the administration process.
    • 00:18:25
      And so we landed on $750 per million issued.
    • SPEAKER_06
    • 00:18:31
      And Jeff, I think to go back to your original question, I think we ought to
    • 00:18:35
      I mean it certainly would make sense for us to you know sort of evaluate where we compare in general but I think for this purpose I think we basically just need to pick something that makes us competitive and is somewhat close to what the PFA number is so that they will come here and then maybe we evaluate the
    • 00:19:02
      The fee if we start to see more deals happening and opportunities are not coming our way.
    • 00:19:09
      That would be my view.
    • SPEAKER_00
    • 00:19:10
      We're really in a sweet spot because my understanding is that this doesn't really impact us at all.
    • 00:19:17
      We just get to borrow the money and get the closing fee and the interest.
    • 00:19:26
      We definitely don't want to be hogs on this and lose the opportunity, you know what I mean?
    • 00:19:33
      It's probably better to get something than nothing.
    • 00:19:36
      So I'm in line with you, Don, that we are more in line, we choose something that's more in line with the PFA rate than trying to, you know, maximize what we, you know, are, you know, what we could get out of it the most, you know, and then just especially because it's the first go round and could potentially open the doors for other opportunities.
    • SPEAKER_03
    • 00:20:04
      And you're saying that with no closing fee too?
    • 00:20:07
      I thought you were a big advocate of closing fee.
    • SPEAKER_00
    • 00:20:09
      No, I would use the closing, but the PFA rate also has a closing fee, right?
    • 00:20:14
      It says zero on it, I think.
    • 00:20:17
      No, that's the current EDA tax rate.
    • 00:20:20
      That's for the non-taxable.
    • 00:20:22
      The PFA rate is the second line.
    • 00:20:24
      It says three basis points, closing fee of $40,000, total annual fee $54,000.
    • SPEAKER_05
    • 00:20:39
      Yeah, I mean, I think that makes sense.
    • 00:20:41
      I mean, if we match the, I'll call it the national competitive alternative, but we have the benefit of the, for Virginia,
    • 00:20:56
      Borrowers, we offer the benefit of saving the sales tax.
    • 00:21:00
      Obviously, that's going to give a big incentive for the Virginia borrower to want to do something with us.
    • 00:21:07
      I mean, we have a comp.
    • 00:21:09
      I agree with you, Don.
    • 00:21:11
      I think we ought to just set it either very close or exactly where the PFA rate is just so we don't create that race to the bottom because we don't want to be, you know, it's fine.
    • 00:21:22
      Sorry to give me a 30-second
    • 00:21:25
      Disquisition in the car business, one of the things that happens when you lower the price of cars is that your competitors just follow you.
    • 00:21:33
      And so you think you're going to sell more cars and then you wake up three months later and you've sold the same number of cars in a much lower margin.
    • 00:21:41
      We don't want to screw up the benefits that all these other economic development authorities or organizations are enjoying from this kind of service that they're providing to
    • 00:21:54
      to borrowers.
    • 00:21:56
      So it seems like we've got a competitive advantage because of the state based sales tax.
    • 00:22:01
      So I think we're, yeah, I like your idea.
    • SPEAKER_06
    • 00:22:04
      Well, so I'll go ahead and I had asked the
    • 00:22:09
      Avery put together the 2.75 basis points and $45,000 closing fee number to try to come up with something that had a slightly higher closing fee but still resulted in generally the same number.
    • 00:22:24
      And I didn't realize at the time that the state tax savings were potentially in the 5% range.
    • 00:22:34
      So I think, you know, in essence,
    • 00:22:38
      If we use that chart, if we use that 4.75 basis points and a higher closing fee, we get the same number.
    • 00:22:48
      You know, they get the tax savings and we get an additional $5,000 up front.
    • 00:22:53
      That was sort of my thinking, stayed fairly close.
    • 00:22:56
      I mean, if we went to three basis points and increased by $5,000, you know, we're increasing by 5%, but that's also sort of what they're saving.
    • 00:23:06
      I don't know that that's
    • 00:23:08
      I just wanted to share what my thinking was.
    • 00:23:13
      I don't know if others have thoughts.
    • SPEAKER_02
    • 00:23:23
      Well, Wells Fargo is definitely gonna get close to 6% benefit by going with the Virginia EDA rather than using the Wisconsin Public Authority.
    • 00:23:36
      5.75% is what they'll get.
    • 00:23:43
      Plus, I think I'm pretty certain that they'll get some subsidiary benefits from using U2.
    • SPEAKER_03
    • 00:23:52
      So it's either 45 or 40?
    • SPEAKER_06
    • 00:23:55
      Yeah, I mean, I think it's
    • SPEAKER_00
    • 00:24:02
      I would be very comfortable doing the 2.75 basis points the first row there.
    • 00:24:09
      I like the third row better but I would be very comfortable doing the 2.75 basis points because once again we have nothing right now at least it gives us something and we can go forward and you know look to the future.
    • 00:24:23
      I think it opens more doors doing this 2.75
    • 00:24:27
      But Jeff had a good point.
    • 00:24:32
      If we're just lowering the cost and then the next one comes down, are we leaving money on the table that we could put forward?
    • 00:24:42
      So definitely something to think about.
    • SPEAKER_02
    • 00:24:45
      And the other point to bring out is that really your ability to get business is really driven by the big bond council.
    • 00:24:54
      And if they recommend you get the business and if they don't, you don't.
    • 00:24:58
      and in this case, you have a McGuire-Woods attorney in there that they and Hutton, I call them Hutton and Williams, because that's what they were for so many years or something else now, if they like you, they'll feed you business and if you make their experience pleasurable.
    • 00:25:13
      So that's a point to consider too.
    • 00:25:16
      And then McGuire-Woods is the attorney for the applicant in this case.
    • SPEAKER_03
    • 00:25:26
      I think we're in violent agreement
    • 00:25:30
      I'm good.
    • 00:25:31
      2.75 and 45k, easy.
    • SPEAKER_05
    • 00:25:36
      Jeff, does that work for you?
    • 00:25:38
      Yeah, that's fine.
    • 00:25:39
      And I like the idea.
    • 00:25:40
      Sure, it works.
    • 00:25:42
      And we can see what happens.
    • 00:25:45
      Three, six, nine months, if these are coming in faster than the county is able to handle, then we know we've gone too low.
    • 00:25:54
      But as a way just to get in and test the waters, I think it's a good strategy.
    • SPEAKER_06
    • 00:26:01
      David, do you have any thoughts one way or the other?
    • SPEAKER_04
    • 00:26:04
      I'm good with either of these.
    • 00:26:06
      It's been a good education for me today.
    • 00:26:10
      in terms of this, and I appreciate Jim's being here in particular.
    • 00:26:14
      I did have one question about what he meant by the subsidiary benefits that they'd be getting beyond the 5.75% savings.
    • SPEAKER_02
    • 00:26:28
      Michael Graff led me to believe that the bank was, Wells Fargo was getting some side benefits from this through their bank regulatory structure.
    • 00:26:36
      Wells Fargo and all banks are regulated.
    • 00:26:39
      Don, you helped regulate it by a couple of national entities and they have in their portfolio loans that qualify for X rather than Y, then they get points towards their obligations to the regulators.
    • 00:26:55
      And I'm led to believe they're getting something here.
    • SPEAKER_06
    • 00:26:59
      Yeah, and I can't think of the name off the top of my head.
    • 00:27:02
      It's community.
    • 00:27:03
      There are some things that if you have certain loans that you keep, you get because you're investing in your local community, you get benefits for that.
    • 00:27:15
      They count in a certain bucket.
    • 00:27:16
      I think that's probably what it is.
    • SPEAKER_04
    • 00:27:19
      Okay.
    • 00:27:20
      No, thank you.
    • 00:27:20
      No, I'm fine going either way.
    • 00:27:26
      You know, if we're, if we're concerned that 2.75 is too low, but three is too high.
    • 00:27:32
      And I don't know if going to, you know, two and seven eighths, 2.875 would make a difference.
    • 00:27:39
      I don't want to make Avery do even more work at this stage of the game.
    • 00:27:44
      So I'm fine with either of those numbers.
    • 00:27:46
      And I like Jeff's point that, that if we find 2.75 and we're just getting too much business, clearly we haven't priced it properly and we can revisit that at a later date.
    • SPEAKER_00
    • 00:27:59
      Jim, do you have a way to encourage that or put a bug in somebody's ear that we would be open to seeing more of these type of things?
    • 00:28:09
      Or is that not in your purview or you're not able to do that?
    • SPEAKER_02
    • 00:28:12
      I've told him that already.
    • 00:28:14
      I mean, he knows that.
    • 00:28:16
      And we talked about Rivanna Station.
    • 00:28:20
      And I think I'm going to have him follow up with you just to educate you in that regard.
    • 00:28:26
      because this mechanism, as you pointed out, would work for that particular project.
    • 00:28:35
      And he seemed we don't know the future, but he seemed to indicate that these things are going to become more more prevalent than they are now.
    • SPEAKER_06
    • 00:28:52
      That's all right.
    • 00:28:55
      So does anybody want to make a motion?
    • SPEAKER_00
    • 00:29:01
      Make a motion.
    • 00:29:02
      All right.
    • 00:29:03
      I'm going to read the whole kit and caboodle.
    • 00:29:07
      Whereas the Board of Directors of the Economic Development Authority of the County of Albemarle, Virginia, the authority directed staff to research and develop for the authority's consideration,
    • 00:29:18
      A bond issuance fee schedule accounting for market based differences in the treatment of tax exempt and taxable bonds.
    • 00:29:27
      Whereas the authority finds that the presented schedule would not present a substantial detriment to bond financing would attract additional bond issuance opportunities
    • 00:29:40
      enhance the authorities revenue stream be harmonious with the purpose and intent of bonds and would be consistent with Albemarle County's economic development strategic plan and comprehensive plan.
    • 00:29:52
      Now, therefore, be it resolved that the Board of Directors of the Economic Development Authority of Albemarle County, Virginia amends and republishes its rules and procedures as attached and amended in a public meeting wherein the board adopts
    • 00:30:07
      A bond fee schedule consisting of an application fee, closing fee, and annual administrative fees for tax-exempt bonds and taxable bonds as attached.
    • 00:30:21
      I move that the EDA adopts this resolution amending Article IV of the Rules and Procedures as proposed.
    • SPEAKER_05
    • 00:30:29
      Do we need to identify what the actual rate is?
    • SPEAKER_08
    • 00:30:35
      I was going to ask, we've got a blank with dollars and I understand that's going to be filled in with $45,000 and then we have administrative fee equal to and I'm going to fill in 2.75 basis points.
    • SPEAKER_06
    • 00:30:51
      That's correct.
    • SPEAKER_08
    • 00:30:53
      And Avery, have the amended rules, kind of the red line version, been shared with the board members?
    • 00:31:00
      I believe they have been.
    • SPEAKER_05
    • 00:31:02
      It has.
    • SPEAKER_07
    • 00:31:02
      Here is the actual doctor itself.
    • SPEAKER_08
    • 00:31:05
      There you go.
    • SPEAKER_02
    • 00:31:06
      So can somebody read that into the record so that it's all there in one place?
    • 00:31:12
      Exactly.
    • SPEAKER_08
    • 00:31:14
      I'll be happy to.
    • 00:31:15
      I'll summarize it.
    • 00:31:17
      So the proposed amendments to the rules are fairly straightforward.
    • 00:31:22
      Section 4.3 will
    • 00:31:25
      amend subsection A by adding tax-exempt bonds so that fee structure will apply to the tax-exempt bonds.
    • 00:31:33
      We'll add a new subsection B that reads if the authority issues taxable bonds including refunding bonds for the benefit of the applicant, the financing document shall include a requirement that the applicant pay the authority a closing fee of $45,000 and an annual administrative fee equal to 2.75 basis points
    • 00:31:55
      of the Declining Outstanding Balance upon the issuance of bonds and annually thereafter on June 30 each year thereafter until the bonds are paid in full.
    • 00:32:06
      Taxable bonds issued for the benefit of the County of Albemarle should not be subject to the annual administrative fee.
    • 00:32:14
      And then we have the date of amendment.
    • SPEAKER_00
    • 00:32:17
      We put on no less than 2.75 basis points.
    • 00:32:20
      So it gives us the ability to change that in the future.
    • SPEAKER_08
    • 00:32:25
      So we're adding in terms of an annual administrative fee equal to no less than 2.75 basis points.
    • SPEAKER_02
    • 00:32:41
      Well, no, you want to say you need to fix the fee.
    • 00:32:46
      So an annual administrative fee, it's a closing fee and it's what we're talking about at 2.75 basis points, correct?
    • SPEAKER_00
    • 00:32:55
      No, that's a flat fee, I think.
    • SPEAKER_02
    • 00:32:59
      Oh, the administrative fee.
    • 00:33:00
      That's right.
    • 00:33:00
      I got mixed up.
    • 00:33:01
      I apologize.
    • 00:33:04
      Is there some sense, though, that the issue is 10 million, that you'd still want to do it and the 45,000 may be too high?
    • 00:33:12
      I mean, is that reserved for another day?
    • SPEAKER_06
    • 00:33:15
      Yeah, I think at this point we should just stick with the 45 and then we can cross that bridge when we come to it.
    • SPEAKER_08
    • 00:33:29
      So I've got the annual administrative fee equal to no less than 2.75 basis points, but I don't have a provision that allows the EDA.
    • 00:33:38
      I mean, I know we could do this exercise whenever needed, but the rule doesn't allow the EDA expressly to change that 2.75.
    • SPEAKER_00
    • 00:33:50
      We do it on a case-by-case basis, or does it have to be set out in here and we can't change it?
    • SPEAKER_06
    • 00:33:59
      We can always change this.
    • 00:34:00
      I think it would be better to just have 275 in there, because I think we need to come up with a framework to make changes on a case-by-case basis.
    • 00:34:11
      I think that's what Richie's saying, that if it's in our rules, it's hard to need to say, OK, well, you have to come to us and we make a decision.
    • 00:34:21
      And I think you want it to be clear if somebody is reading the rules what the amount is.
    • 00:34:26
      That would be my perspective, that
    • 00:34:28
      that have a specific amount here kind of makes sense.
    • Emily KilroyDirector of Economic Development
    • 00:34:34
      I'll concur with Don there and just share that folks really do go search out this information.
    • 00:34:42
      And so what we have here is helpful for individuals who are looking for conduit issuers to have some clarity about what that process might be and that clarity.
    • 00:34:53
      is sometimes more important than sort of an uncertain outcome, but knowing that maybe there's room to negotiate, if that makes sense.
    • SPEAKER_00
    • 00:35:09
      Can this be visited at a later date, like in a couple years to adjust?
    • 00:35:14
      Anytime, yeah.
    • SPEAKER_06
    • 00:35:18
      So then equal to?
    • 00:35:21
      Yeah.
    • SPEAKER_05
    • 00:35:22
      equal to 2.7.
    • SPEAKER_06
    • 00:35:24
      I think that would be better.
    • 00:35:26
      And then we can talk about whether we want to create a framework to, you know, if there are other circumstances where it might make sense to move those numbers.
    • 00:35:41
      All right.
    • SPEAKER_08
    • 00:35:44
      Was there a second?
    • 00:35:48
      The second.
    • SPEAKER_06
    • 00:35:50
      There is now.
    • 00:35:53
      Is there any further discussion, questions?
    • 00:36:01
      All right, Richard, you wanna just call the roll on this one probably?
    • SPEAKER_08
    • 00:36:05
      Yeah, I'll do that.
    • 00:36:06
      So Director Long?
    • SPEAKER_06
    • 00:36:08
      Aye.
    • SPEAKER_08
    • 00:36:09
      Let's see, Director Hood?
    • SPEAKER_06
    • 00:36:10
      Aye.
    • SPEAKER_08
    • 00:36:13
      Director Morrill?
    • 00:36:14
      Aye.
    • 00:36:16
      Director Johnson?
    • 00:36:22
      Is Andy here?
    • SPEAKER_00
    • 00:36:24
      Just hit I.
    • SPEAKER_08
    • 00:36:26
      Can you hear me?
    • SPEAKER_06
    • 00:36:27
      Yeah, we didn't hear you.
    • SPEAKER_00
    • 00:36:28
      Oh, sorry, sorry.
    • SPEAKER_08
    • 00:36:30
      And Director Storm?
    • 00:36:32
      I.
    • SPEAKER_06
    • 00:36:34
      All right.
    • SPEAKER_08
    • 00:36:36
      So it passes unanimously.
    • 00:36:37
      Yes, sir.
    • SPEAKER_06
    • 00:36:39
      All right.
    • 00:36:39
      Thanks, everybody.
    • 00:36:40
      Sounds good.
    • SPEAKER_00
    • 00:36:41
      Thank you for putting this together for all of you who did that.
    • 00:36:46
      This is good stuff.
    • SPEAKER_02
    • 00:36:48
      It was nice.
    • 00:36:49
      Can I add, Emily, could you put together an email informing Mike Graff what the decision is and also put it in a chart form, which I think will be helpful?
    • Emily KilroyDirector of Economic Development
    • 00:37:02
      Yes, I can do that.
    • SPEAKER_02
    • 00:37:03
      And because I think he's expecting this.
    • 00:37:06
      And since I have a number of the members, board members here, is everybody sworn in appropriately?
    • 00:37:12
      That's always a bugaboo.
    • 00:37:14
      And we may close pretty quickly on this one.
    • 00:37:17
      Has everybody gone up to the clerk's office and taken a note?
    • 00:37:20
      I guess is what I'm saying.
    • Emily KilroyDirector of Economic Development
    • 00:37:22
      Yeah.
    • SPEAKER_02
    • 00:37:23
      OK.
    • Emily KilroyDirector of Economic Development
    • 00:37:25
      Yes, and Jim, just for your awareness, we had a new director appointed by the Board of Supervisors last night, so he is not on the call with us here today.
    • 00:37:34
      It's possible on the 18th
    • 00:37:38
      which is when our next regular scheduled meeting would be that it's possible that all of the steps needed to bring a new member on board would have been taken.
    • 00:37:46
      And I imagine that that is, as long as all those steps have been taken, that we're in the clear for that person to participate in the consideration of this issuance.
    • SPEAKER_02
    • 00:37:57
      I think Richie can second me, but I think that if you get him sworn and you dot all your i's and cross all your t's, then he can participate in the board's meeting on this matter to consider the resolution.
    • SPEAKER_08
    • 00:38:09
      And John Zug, his office is pretty accommodating when it comes to getting the board members sworn in.
    • 00:38:17
      So I know more recent ones, we've been on top of the ball to push them to get with the clerk's office and get sworn in.
    • 00:38:24
      So I feel comfortable this will happen with, I don't know who the new appointee is, but I feel comfortable it'll happen.
    • SPEAKER_06
    • 00:38:31
      It's Frank Friedman.
    • 00:38:34
      OK.
    • SPEAKER_00
    • 00:38:39
      Excellent.
    • 00:38:40
      All right.
    • 00:38:40
      Thank you, everyone.
    • 00:38:42
      Jim, a pleasure working with you today.
    • SPEAKER_02
    • 00:38:44
      Nice seeing everybody.
    • SPEAKER_06
    • 00:38:46
      Thanks, Jim.
    • 00:38:47
      Thank you, Jim.
    • 00:38:47
      All right.
    • 00:38:48
      We'll see everybody on the 18th.
    • 00:38:51
      That's right.
    • 00:38:53
      Thank you all.
    • 00:38:54
      Thanks, everybody.
    • 00:38:54
      Bye.