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EDAAgenda2024October3ECONOMIC DEVELOPMENT AUTHORITY | THURSDAY, OCTOBER 3RD 2024 | | 8:00 AM | COUNTY ADMINISTRATION BUILDING @ FIRST FLOOR CONFERENCE ROOM 107 KENT STREET WINCHESTER, VA 1.Call to Order 1.Laurel Ridge Small Business Development Center || INFORMATION Update on activities from Lord Ridge Small Business Development Center 2.Approval of Minutes – August 1st 2024|| ACTION 3.Treasurer’s Report || ACTION 4.Remote Meeting Policy | ACTION  Alignment with State code on maximum participation for personal reasons versus medical reasons 5.Joint Meeting with Board of Supervisors Preparation || DISCUSSION Discussion of presentation for annual meeting with the Frederick County Board of Supervisors 6.Fall Employer Expo Recap | Information Held on Thursday, September 12th, the event draws employers across a wide breadth of industry sectors, with a broad range of positions available, from entry- level to experienced. This event was free for job seekers and is open to the public. 7.Such other business as may come before this Authority MINUTES ECONOMIC DEVELOPMENT AUTHORITY | THURSDAY, AUGUST 1, 2024 | A meeting of the Frederick County Economic Development Authority was held on Thursday, August 1, 2024, at 8:00 a.m. in the County Administration Building, First Floor Conference Room, 107 North Kent Street, Winchester, Virginia. PRESENT: Bryan Fairbanks, Judy McCann-Slaughter, Diane Kearns, Stan Crockett, and Gary Lofton. Due to a medical reason, Rick Till participated by phone which was approved by Board members present. STAFF: Patrick Barker, Shayla Rickard, Wendy May, and Donna McIlwee, Frederick County Economic Development Authority; Jay Tibbs, Deputy County Administrator; and Michael Bryan, EDA Attorney. MEETING CALLED TO ORDER: Vice Chairman Crockett called the meeting to order at 8:00 a.m. PARTNER SHOWCASE – ELECTRIC COOPERATIVES Mr. Barker introduced Mr. Lucas Cade, Economic Development Manager, Shenandoah Valley Electric Cooperative, who was present in person, and Ms. Kayla Coleman, Economic Development Specialist, Rappahannock Electric Cooperative, who joined the meeting virtually. Both presented an overview of their entity’s operations and activities and how they interact with the EDA. APPROVAL OF MINUTES The minutes from the May 2, 2024, meeting were presented. On motion duly made by Ms. Kearns and seconded by Mr. Fairbanks, the minutes 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 Absent Rick Till Aye Page 2 of 3 Frederick County EDA Meeting Minutes | August 1, 2024 TREASURER'S REPORTS Mr. Barker submitted the following reports: Checking Account - Bank of Clarke as of April 30, 2024 - $24,600.72 Intrafi Account – Bank of Clarke as of April 30, 2024 - $2,915,435.21 Checking Account - Bank of Clarke as of May 31, 2024 - $24,600.72 Intrafi Account – Bank of Clarke as of April 30, 2024 - $2,926,175.82 Checking Account - Bank of Clarke as of June 30, 2024 - $28,404.57 Intrafi Account – Bank of Clarke as of June 30, 2024 - $2,936,607.62 On motion of Mr. Fairbanks, seconded by Ms. Kearns, the Treasurer’s Reports were approved collectively by the following recorded vote: J. Stanley Crockett Aye Bryan Fairbanks Aye Diane Kearns Aye Gary Lofton Aye Judy McCann-Slaughter Aye Karen Swecker Absent Rick Till Aye INCENTIVE POLICY Mr. Barker stated that, at the May meeting, the EDA Board reviewed and approved the Incentive Policy. Some discussion at that meeting centered around earlier engagement by the EDA Board in the process. Staff suggests the addition of the EDA Chair, or their designee, to the Project Review and Audit Committee. This committee reviews requesting discretionary incentives from Frederick County and determines whether to proceed to an executive session with the Board of Supervisors. He reported that staff is seeking approval of adding this suggestion to the Policy. Given the time since the initial approval of the Policy, his recommendation also included forwarding the approved Policy to the Board of Supervisors for their information. Mr. Lofton again questioned why this responsibility is passed off to a committee instead of the EDA Board assuming that responsibility. Mr. Tibbs stated he felt the BOS established this step as a way to streamline the process. Mr. Crockett stated this will not get resolved by the EDA Board—it will have to come before the Board of Supervisors. Mr. Barker suggested that Mr. Lofton broach the subject wit the Board of Supervisors at our joint meeting. Page 3 of 3 Frederick County EDA Meeting Minutes | August 1, 2024 Ms. McCann-Slaughter made a motion to accept staff’s suggestion as presented. This was seconded by Ms. Kearns and approved by the following recorded vote: J. Stanley Crockett Aye Bryan Fairbanks Aye Diane Kearns Aye Gary Lofton Nay Judy McCann-Slaughter Aye Karen Swecker Absent Rick Till Aye JOINT MEETING WITH SUPERVISORS PREPARATION Mr. Barker stated the 2014 MOU between the EDA and Board of Supervisors calls for an annual discussion and review of the Board of Supervisors’ expectation for economic development. The last such meeting was held on July 12, 2023, and he distributed a list of planned activities for the year that were presented and discussed at that time. His recommendation is to structure the agenda like previous joint meetings. An overview of core EDA functions would kick off the discussion with highlights of recent projects. Then, the agenda would move into planned activities from last year. He stated that staff is seeking EDA Board feedback to the agenda and possible planned activities for the next 12 months, as well as any additional suggestions. Ms. Kearns suggested giving current project progress reports. Ms. McCann-Slaughter suggested an update on contacts with grocery stores. Mr. Crockett suggested adding Mr. Lofton’s concern regarding the Incentive Policy. SUCH OTHER BUSINESS AS MAY COME BEFORE THIS AUTHORITY Ms. Rickard, Business Retention Manager, stated there will be a smaller scale Employer Expo at Laurel Ridge Community College on September 12. Employer participation will be limited to 50. The next Board meeting will be held on Thursday, September 5. ADJOURN There being no further business to come before this Authority, the meeting was adjourned at 8:57 a.m. ________________________________ ____________________________ Richard Till Jay Tibbs Chairman Secretary DATE: September 30, 2024 TO: Board of Directors Frederick County Economic Development Authority FROM: Patrick Barker, CEcD Executive Director CC: Jay Tibbs Deputy County Administrator RE: Laurel Ridge Small Business Development Center Update Laurel Ridge Small Business Development Center (SBDC) provides strategic planning to help individuals start, grow, and sell their small businesses. They do this via seminars, individual business counseling, operational audits, mystery shopper program, mentoring, and focus groups. SBDC provides counseling in the areas of accounting, finance, retail, marketing and social media, distribution, website creation/evaluation, state and federal government contracting, human resources, and operational efficiency. They also work with people seeking grants, bank loans, lines of credit, SBA guarantee loans, and state loans through Virginia Small Business Finance Authority. Frederick County EDA annually provides funding ($38,000) from its general fund allocation from Frederick County to SBDC and its bilingual program. From start of the fiscal year to today’s, SBDC has assisted 389 businesses which resulted in 26 new jobs and nearly $4 million in grants/loans and $349,000 in reported increased sales for Frederick County. The EDA funding also provides for Hispanic/Latino counseling outreach. Through this additional funding from September 2023 to August 2024, SBDC has assisted 100 Hispanic/Latino clients. This work reports an increase of $1.7 million in new sales and 6 business start-ups with 31 new jobs. Additional information on results from the SBDC is enclosed. Christine Kriz and Diana Patterson will present the SBDC activities and results at the September meeting. DATE: September 30, 2024 TO: Board of Directors Frederick County Economic Development Authority FROM: Patrick Barker, CEcD Executive Director CC: Jay Tibbs Deputy County Administrator RE: Remote Meeting Policy Update Staff is requesting approval of updates to the EDA’s remote meeting policy, in light of the recent changes to the State Code regarding remote meetings. In addition, the Code says the EDA should be adopting this policy annually. This annual update will be included in the EDA’s annual organization meeting. The EDA must adopt a policy prior to having any Board member remotely participate in a meeting. Note that for any meeting where a member or members participates remotely, a minimum of four Board members is required to be physically present to meet the requirement for a quorum. Approved November 2020 Proposed Revisions October 2024 ECONOMIC DEVELOPMENT AUTHORITY REMOTE PARTICIPATION POLICY The Economic Development Authority of Frederick County adopts the following policy to permit individual Board members to participate via electronic communication means in Board meetings, as permitted by Virginia Code § 2.2-3708.32.2-3708.2. Section 2.2-3708.32.2-3708.2 states, with respect to such a policy: “The policy shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting.” A Board may participate from a remote location when he or she experiences a personal matter or medical condition or disability that prevents attendance in person. Whenever a Board member wishes to participate from a remote location, the following requirements apply:  On or before the day of the meeting, the Board member must notify Chair or, if the Board member who wishes to participate remote is the Chair, the Chair must notify the Vice Chair, and indicate the nature of the matter necessitating remote participation, as set forth below.  The Board member’s absence must be due to a personal matter or medical condition or disability that prevents attendance in person. o In the case of absence due to a personal matter (not medical/disability), the Board member may not participate remotely more than twice in one calendar year, and the Board member shall identify the personal reason, for inclusion in the Board's minutes to note remote participation for that reason. o In the case of absence due to medical/disability reason, the minutes must note the fact of remote participation for that reason, but minutes need not note the particular condition/disability. There is no limit on the number of times a Board member may participate remotely for medical/disability reasons.  The Board member must identify the location of his participation (which itself need not be open to the public), for inclusion in the EDA's minutes.  The Board member's voice must be audible to all persons attending the meeting in person.  The Board must approve such participation on the particular occasion and note that fact in the minutes. If the Board denies participation, the Board also must note that fact in the minutes, with the reasons for disapproval. With respect to approval/denial, the Board must uniformly apply the policy (denial can only be for noncompliance with the policy).  A quorum of the Board must be physically present at the meeting location, , unless otherwise specified in Virginia Code 2.2-3708.3 B (1) & (2).”. Code of Virginia Title 2.2. Administration of Government Subtitle II. Administration of State Government Part B. Transaction of Public Business Chapter 37. Virginia Freedom of Information Act § 2.2-3708.2. Meetings held through electronic communicationmeans during declared states of emergency Any public body, or any joint meetings thereof, may meet by electronic communication means without a quorum of the public body physically assembled at one location when the Governor has declared a state of emergency in accordance with § 44-146.17 or the locality in which the public body is located has declared a local state of emergency pursuant to § 44-146.21, provided that (i) the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location and (ii) the purpose of the meeting is to provide for the continuity of operations of the public body or the discharge of its lawful purposes, duties, and responsibilities. The public body convening a meeting in accordance with this section shall: 1. Give public notice using the best available method given the nature of the emergency, which notice shall be given contemporaneously with the notice provided to members of the public body conducting the meeting; 2. Make arrangements for public access to such meeting through electronic communication means, including videoconferencing if already used by the public body; 3. Provide the public with the opportunity to comment at those meetings of the public body when public comment is customarily received; and 4. Otherwise comply with the provisions of this chapter. The nature of the emergency, the fact that the meeting was held by electronic communication means, and the type of electronic communication means by which the meeting was held shall be stated in the minutes. The provisions of this section shall be applicable only for the duration of the emergency declared pursuant to § 44-146.17 or 44-146.21. Nothing herein shall be deemed to invalidate any action taken at a meeting held by a public body using electronic communication means that occurred between March 20, 2020, and July 1, 2021, if such public body provided public notice, public access, and public comment commensurate with the requirements of this section and §§ 2.2-3710, 2.2-3711, and 2.2-3712. 2018, cc. 55, 56;2019, c. 359;2021, Sp. Sess. I, cc. 33, 490;2022, c. 597;2024, cc. 305, 344. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 9/26/2024 12:00:00 AM Code of Virginia Title 2.2. Administration of Government Subtitle II. Administration of State Government Part B. Transaction of Public Business Chapter 37. Virginia Freedom of Information Act § 2.2-3708.3. Meetings held through electronic communicationmeans; situations other than declared states of emergency A. Public bodies are encouraged to (i) provide public access, both in person and through electronic communication means, to public meetings and (ii) provide avenues for public comment at public meetings when public comment is customarily received, which may include public comments made in person or by electronic communication means or other methods. B. Individual members of a public body may use remote participation instead of attending a public meeting in person if, in advance of the public meeting, the public body has adopted a policy as described in subsection D and the member notifies the public body chair that: 1. The member has a temporary or permanent disability or other medical condition that prevents the member's physical attendance. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a person with a disability as defined in § 51.5-40.1 and uses remote participation counts toward the quorum as if the individual was physically present; 2. A medical condition of a member of the member's family requires the member to provide care that prevents the member's physical attendance or the member is a caregiver who must provide care for a person with a disability at the time the public meeting is being held thereby preventing the member's physical attendance. For purposes of determining whether a quorum is physically assembled, an individual member of a public body who is a caregiver for a person with a disability and uses remote participation counts toward the quorum as if the individual was physically present; 3. The member's principal residence is more than 60 miles from the meeting location identified in the required notice for such meeting; or 4. The member is unable to attend the meeting due to a personal matter and identifies with specificity the nature of the personal matter. However, the member may not use remote participation due to personal matters more than two meetings per calendar year or 25 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater. If participation by a member through electronic communication means is approved pursuant to this subsection, the public body holding the meeting shall record in its minutes the remote location from which the member participated; however, the remote location need not be open to the public and may be identified in the minutes by a general description. If participation is approved pursuant to subdivision 1 or 2, the public body shall also include in its minutes the fact that the member participated through electronic communication means due to a (i) temporary or permanent disability or other medical condition that prevented the member's physical attendance or (ii) family member's medical condition that required the member to provide care for such family member, thereby preventing the member's physical attendance. If participation is approved pursuant to subdivision 3, the public body shall also include in its minutes the fact that 1 9/26/2024 12:00:00 AM the member participated through electronic communication means due to the distance between the member's principal residence and the meeting location. If participation is approved pursuant to subdivision 4, the public body shall also include in its minutes the specific nature of the personal matter cited by the member. If a member's participation from a remote location pursuant to this subsection is disapproved because such participation would violate the policy adopted pursuant to subsection D, such disapproval shall be recorded in the minutes with specificity. C. With the exception of local governing bodies, local school boards, planning commissions, architectural review boards, zoning appeals boards, and boards with the authority to deny, revoke, or suspend a professional or occupational license, any public body may hold all-virtual public meetings, provided that the public body follows the other requirements in this chapter for meetings, the public body has adopted a policy as described in subsection D, and: 1. An indication of whether the meeting will be an in-person or all-virtual public meeting is included in the required meeting notice along with a statement notifying the public that the method by which a public body chooses to meet shall not be changed unless the public body provides a new meeting notice in accordance with the provisions of § 2.2-3707; 2. Public access to the all-virtual public meeting is provided via electronic communication means; 3. The electronic communication means used allows the public to hear all members of the public body participating in the all-virtual public meeting and, when audio-visual technology is available, to see the members of the public body as well. When audio-visual technology is available, a member of a public body shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails; 4. A phone number or other live contact information is provided to alert the public body if the audio or video transmission of the meeting provided by the public body fails, the public body monitors such designated means of communication during the meeting, and the public body takes a recess until public access is restored if the transmission fails for the public; 5. A copy of the proposed agenda and all agenda packets and, unless exempt, all materials furnished to members of a public body for a meeting is made available to the public in electronic format at the same time that such materials are provided to members of the public body; 6. The public is afforded the opportunity to comment through electronic means, including by way of written comments, at those public meetings when public comment is customarily received; 7. No more than two members of the public body are together in any one remote location unless that remote location is open to the public to physically access it; 8. If a closed session is held during an all-virtual public meeting, transmission of the meeting to the public resumes before the public body votes to certify the closed meeting as required by subsection D of § 2.2-3712; 9. The public body does not convene an all-virtual public meeting (i) more than two times per calendar year or 50 percent of the meetings held per calendar year rounded up to the next whole number, whichever is greater, or (ii) consecutively with another all-virtual public meeting; and 2 9/26/2024 12:00:00 AM 10. Minutes of all-virtual public meetings held by electronic communication means are taken as required by § 2.2-3707 and include the fact that the meeting was held by electronic communication means and the type of electronic communication means by which the meeting was held. If a member's participation from a remote location pursuant to this subsection is disapproved because such participation would violate the policy adopted pursuant to subsection D, such disapproval shall be recorded in the minutes with specificity. D. Before a public body uses all-virtual public meetings as described in subsection C or allows members to use remote participation as described in subsection B, the public body shall at least once annually adopt a policy, by recorded vote at a public meeting, that shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. The policy shall: 1. Describe the circumstances under which an all-virtual public meeting and remote participation will be allowed and the process the public body will use for making requests to use remote participation, approving or denying such requests, and creating a record of such requests; and 2. Fix the number of times remote participation for personal matters or all-virtual public meetings can be used per calendar year, not to exceed the limitations set forth in subdivisions B 4 and C 9. The policy shall not prohibit or restrict any individual member of a public body who is participating in an all-virtual meeting or who is using remote participation from voting on matters before the public body. Any public body that creates a committee, subcommittee, or other entity however designated of the public body to perform delegated functions of the public body or to advise the public body may also adopt a policy on behalf of its committee, subcommittee, or other entity that shall apply to the committee, subcommittee, or other entity's use of individual remote participation and all- virtual public meetings. 2022, c. 597;2024, cc. 56, 129, 610, 617. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 3 9/26/2024 12:00:00 AM DATE: September 30, 2024 TO: Board of Directors Frederick County Economic Development Authority FROM: Patrick Barker, CEcD Executive Director CC: Jay Tibbs Deputy County Administrator RE: Joint Meeting Presentation Review As we prepare for the upcoming annual joint meeting between the Economic Development Authority (EDA) and the Board of Supervisors (BOS), I would like to present the current draft of our presentation for your review and feedback. The goal of this joint meeting is twofold: 1. To provide an update and discussion on the direction of the EDA and its strategic initiatives. 2. To gain a clearer understanding of the BOS’s expectations and priorities regarding economic development. The presentation will cover the following key areas: 1. Overview of Local Economy - Snapshot of the largest industry sectors today and tomorrow (10 years) - How Frederick County compares to competing areas - Examination of workforce trends and needs - Highlights of successful projects and why they chose Frederick County 2. Confirmation of EDA’s Mission and goals - Understanding the economic development goals. - Identifying the goals and objectives - Discussion of any changes or new goals the BOS would like to see. 3. Priorities of 2024-2024 - Exploration of planned activities of the EDA in site readiness, workforce, targeted industries and grocery store attraction - Cooperative conversations between the EDA and BOS on these priorities. Page 2 of 2 Joint Meeting Presentation Review Once the presentation has been reviewed and finalized, staff will align talking points to ensure a cohesive and collaborative discussion during the meeting. Staff welcomes your input on the following: - Are there any additional topics or data points a Board member would like to include? - Are there specific issues or areas a Board member would like addressed during the meeting? Please provide your feedback at the meeting so we have ample time to revise and finalize the materials. HIRING FAIRTHE EMPLOYER EXPO MIDDLETOWN, VA LAUREL RIDGE COMMUNITY COLLEGE Corron Community Development Center 173 Skirmisher Lane, Middletown, VA 22645 2 PM - 6 PM Free & Open to the Public TheEmployerExpo.com Careers Full-time & Part-time Internships 50+ Companies A list of participating employers and available positions will be posted to TheEmployerExpo.com prior to the event.