EDAMinutes2023October24
MINUTES
ECONOMIC DEVELOPMENT AUTHORITY
| TUESDAY, OCTOBER 24, 2023 |
A meeting of the Frederick County Economic Development Authority was held on
Tuesday, October 24, 2023, at 8:00 a.m. in the County Administration Building, First
Floor Conference Room, 107 North Kent Street, Winchester, Virginia.
PRESENT: Rick Till, Diane Kearns, Judy McCann-Slaughter, Bryan Fairbanks and
Gary Lofton. Due to business reasons, Karen Swecker participated by phone and
Stan Crockett participated by phone for personal reasons, both of which were
approved by Board members present.
STAFF: Patrick Barker, Shayla Rickard, Wendy May, and Donna McIlwee Frederick
County Economic Development Authority; Michael Bryan, Attorney; and Jay Tibbs,
Deputy County Administrator
MEETING CALLED TO ORDER: Chairman Till called the meeting to order at 8:00 a.m.
APPROVAL OF MINUTES
The minutes from the September 7, 2023, meeting were presented. Mr. Lofton stated there
needed to be a correction made on the top of page 3, line 2, from EDC to EDA.
On motion duly made by Ms. McCann-Slaughter and seconded by Mr. Lofton, the minutes were
approved as corrected by the following recorded vote:
J. Stanley Crockett Aye
Bryan Fairbanks Abstain (due to absence)
Diane Kearns Aye
Gary Lofton Aye
Judy McCann-Slaughter Aye
Karen Swecker Aye
Rick Till Aye
TREASURER'S REPORTS
Mr. Barker submitted the following reports:
Checking Account - Bank of Clarke as of August 31, 2023 - $24,183.22
Intrafi Account – Bank of Clarke as of August 31, 2023 - $2,740,613.61
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Frederick County EDA Meeting Minutes | October 24, 2023
Checking Account - Bank of Clarke as of September 30, 2023 - $43,653.00
Intrafi Account – Bank of Clarke as of September 30, 2023 - $2,750,383.91
On motion of Mr. Lofton, seconded by Ms. McCann-Slaughter, the Treasurer’s
Reports were approved by the following recorded vote:
J. Stanley Crockett Aye
Bryan Fairbanks Aye
Diane Kearns Aye
Gary Lofton Aye
Judy McCann-Slaughter Aye
Karen Swecker Aye
Rick Till Aye
PERFORMANCE AGREEMENTS VIRGINIA BUSINESS READY SITE PROGRAM
Mr. Barker stated the EDA was awarded $7.23 million for the Valley Innovation Park from the
Virginia Business Ready Site Program and the award will fund a $2.23 million sanitary sewer
upgrade and start the construction of a 30 MW substation at a cost of $5 million. These
upgrades will make the Park more business ready for EDA Industry Targets. Because Valley
Innovation Park is being developed by the Peterson Companies, a comparable performance
agreement between the EDA and the Peterson Companies is necessary. As part of this
agreement, VEDP wants it to include some assurances that any funding will go to the stated
purpose (sanitary sewer upgrade and substation) and will accomplish the overall goal of the
program.
The agreement includes a repayment provision for some or all of the grant proceeds if certain
tasks are not accomplished and/or if the property were to be rezoned over the next 10 years,
following completion of the project. The Board of Supervisors have been apprised of this
provision and were agreeable with moving forward given that no funds would be disbursed
until the infrastructure improvements are completed. VEDP has stated they will fully partner
with the County and EDA to complete the stated scope of work and gain compliance with the
Performance Agreement.
Staff is seeking EDA Board feedback and action, if appropriate, on the agreements. Timing is
critical as VEDP wants the EDA/VEDP agreement executed as soon as possible because the
application window for the next round of grants will open soon.
Ms. McCann-Slaughter asked if the $4.6 million payment for construction of the new substation
shown on Exhibit A would be released in phases or after the project is 100% complete.
Ms. Kearns inquired what would happen if Peterson sells the property before all work has been
completed. Mr. Till stated this is already covered in Section 21(g) of the Agreement.
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Frederick County EDA Meeting Minutes | October 24, 2023
After more discussion, Mr. Lofton made a motion to move forward with the Performance
Agreement after revising Section 10(a) as follows:
10. Progress Payments and Reports.
(a) The EDA shall submit requests for reimbursement to VEDP, using the form attached
as Exhibit C, beginning with the request due date December 1, 2023. One request
shall be submitted for all costs associated with the Pump Station and Force Main
after proof of acceptance by Frederick County Sanitation Authority, d/b/a Frederick
Water. Requests for reimbursement for the cost of concept design, engineering, site
and boundary line adjustments for the New 30 MW Substation may be submitted
quarterly. One request shall be submitted for the construction cost (Grid
Infrastructure Upgrades, Transmission Lines, Pap Prep, transformers) after proof of
acceptance of the New 30 MW Substation by Rappahannock Electric Cooperative.
The final request for reimbursement shall be submitted pursuant to subsection 13,
below. Reference is made to Exhibit A Scope of Work attached hereto. The EDA
shall provide receipts with sufficient detail as to allow VEDP to identify goods and
services for which reimbursement is requested based upon the Scope of Work.
VEDP may request any additional documentation reasonably necessary to authorize
reimbursement.
Motion was seconded by Mr. Fairbanks and approved by the following recorded vote:
J. Stanley Crockett Aye
Bryan Fairbanks Aye
Diane Kearns Aye
Gary Lofton Aye
Judy McCann-Slaughter Aye
Karen Swecker Aye
Rick Till Aye
EDA PARTNER SHOWCASE
Mr. Till reported that, as part of this year’s Strategy update, he and the EDA Director have held
informal discussions with all Board members and one outcome from those discussions was to
provide an opportunity for EDA partners to present to the Board on a regular interval
(quarterly). Presentations would include an overview of their operations and activities and how
they interact with the EDA. These 10-15 minute presentations would give EDA Board members
a better understanding of the partner’s role in implementing the EDA Strategy.
A list of suggested partners was distributed for review. Board members were asked to send any
other suggestions to he or Mr. Barker.
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Frederick County EDA Meeting Minutes | October 24, 2023
OTHER BUSINESS
There will be no Board meeting in November. Our next meeting is scheduled for December 7,
2023.
ADJOURN
There being no further business to come before this Authority, the meeting was adjourned at
9:10 a.m.
________________________________ ____________________________
Richard Till Jay Tibbs
Chairman Secretary