HOUSE CONCURRENT 80

(By Delegate Dillon)

[Introduced on February 12, 2024; Referred to Economic Development and Tourism then Rules]

Requesting that Governor Justice intervene on behalf of the Mingo County Redevelopment Authority (MCRA) and the Mingo County Commission (MCC) to help save the Twin Branch Motorsports Complex by securing forgiveness of a lien on the complex from the Office of Economic Development.

Whereas, The people of Mingo, Logan, Wayne, and other southern counties have long recognized a need for a motorsports facility; and

Whereas, Certain members of the public expressed such a need toward prominent industry and political leaders twenty years ago; and

Whereas, A community-minded business, Lexington Coal Company, conveyed property to the Mingo County Commission for the express purpose of developing a motorsports complex; and

Whereas, The Mingo County Commission conveyed same property to its economic development agency, the Mingo Redevelopment Authority, in 2015, for the express purpose of bringing the Twin Branch Motorsports Complex to fruition; and

Whereas, The Mingo County Commission, along with real property, transferred $300,000 of taxpayer funds into the Mingo County Redevelopment Authority in 2016 for purposes of developing the site into a race-ready condition; and

Whereas, The Mingo County Redevelopment Authority issued an RFP for a race operator which featured site improvement expectations beyond the scope of typical drag racing operators; and

Whereas The successful operating lessee contested the good faith of the Mingo County Redevelopment Authority as lessor in meeting the site preparation provisions of the lease; and

Whereas, Financial records indicate that the Mingo County Redevelopment Authority spent less than half of the $300,000 provided by the Mingo County Commission for site preparations and improvements; and

Whereas, Financial records of the Mingo County Redevelopment Authority reveal that the Authority rendered a $25,000 cash payment to the lessee in exchange for signing a mutual release in 2020; and

Whereas, Both parties conducted themselves in public as if no material change to their agreement had occurred; and

Whereas, Mounting public pressure to open the facility led to a soft opening in the fall of 2022 which proved immensely successful; and

Whereas, No additional major events were held in 2022, and lessee abruptly provided notice of termination in May 2023; and

Whereas, The Mingo County Redevelopment Authority produced an additional request for proposal with no qualified responders; and

Whereas, the MCRA, MCC, and West Virginia Development Office (now the Office of Economic Development) entered into a Financial Assistance Agreement in 2008 which resulted in a $1,000,000 state lien on the motorsports complex property; and

Whereas, The MCRA has expressed its inability to bring the facility into an operable state as intended by the various agreements entered into regarding the site; therefore, and

Whereas, The MCRA has publicly expressed that the $1,000,000 lien is an encumbrance and deterrent to selling the property to an interested buyer for purposes of operating the drag strip; and

Whereas, The improvements asserted in association with the $1,000,000 lien prove questionable upon visual inspection of the facility; and

Whereas, The budget of the State of West Virginia has changed significantly since the agreement was originally entered, with surpluses beyond belief; and

Whereas, The public interest in the facility has only grown, and local citizens have invested significant sums in retail establishments such as the nearby Harley-Davidson dealership, automobile shop upgrades, race vehicle upgrades, and much more in anticipation of the opening of the racetrack; and

Whereas, The potential for positive economic and community impact concerning this facility far exceed the $1,000,000 value of the lien; and

Whereas, The hard-working miners and other workers of southern West Virginia have contributed to our state far beyond any measurable monetary value; and

Whereas, The trust of the citizens of southern West Virginia toward their local and state governments to act in good faith in fulfilling promises made hangs in the balance; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature requests that Governor Justice intervene with a directive toward the Office of Economic Development to forgive the $1,000,000 lien from the Mingo County Redevelopment Authority related to the Twin Branch Motorsports Complex, provided that the Mingo County Redevelopment Authority (MCRA) agrees to transfer same property and remainder of $300,000 cash balance back to the Mingo County Commission (MCC) to complete necessary site improvements and issue a request for proposal for a suitable operator or lessee, or sell the property to a qualified operator with conditions of same property being kept in operation as a racing facility; and, be it

Further Resolved, That the Clerk of the House forward a certified copy of this resolution to the Office of the Governor of West Virginia and to the Office of Economic Development.