MINUTES

OF THE SPECIAL MEETING OF THE

TOOELE COUNTY BOARD OF COMMISSIONERS

HELD AUGUST 24, 2016

 

Chairman Bitner called the meeting to order at 7:05 p.m.† The time, place and agenda of the meeting had been provided to the Tooele Transcript Bulletin and to each member of the governing body by delivering copies of the notice and agenda at least two days before to each of them.

 

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

1.                  PLEDGE OF ALLEGIANCE.† The Pledge of Allegiance was offered by John McCartney.

 

2.                  ROLL CALL.† The Clerk called the roll which showed Commissioners Wade Bitner, Chairperson, Shawn Milne and Myron Bateman present.† Also present were Scott Broadhead, Attorney and Marilyn Gillette, Clerk/Auditor.

 

3.                  PUBLIC HEARING ON THE PROPOSED DISPOSITION OF THE UTAH MOTORSPORTS CAMPUS SURPLUS PROPERTY.† Commissioner Bateman moved to open the public hearing.† Commissioner Milne seconded the motion.† All concurred.† Those in attendance were:† Jon R. McCartney, Jerry Houghton, Tara Pincock, Jason Cramer, Brenda Faddis, Jerry Edwards, Ben Goodrich, Tom Cramer, Dave Kuzan, Wayne Anderton, Wilten George, Brayden Anderson, Braden Duffin, Carson Boone, Kristy Ogden, Ashlyn Bright, Brittany Astaga, Diego Astaga, Steven Costello, Bart Kualz, Daniel Boone, Travis Williams, Christopher Fields, David Wheeler, Dianna Solberg, Lorna Call, Tyson Hamilton, Tom Cramer, Gordon Beals, Andrew Cartwright, John Gardner.†

 

Commissioner Bitner stated there will be a two-minute time limit for each speaker.† Commissioner Bateman ran the clock.† Commissioner Milne read a statement of facts explaining the role of the Redevelopment Agency.

 

PRECEDING COMMENTS FOR PUBLIC HEARING

 

The purpose of the Redevelopment Agency (RDA) is to provide for economic development and redevelopment within Tooele County;

 

Tooele County does not believe it is in the publicís best interest for the County to operate Utah Motorsports Campus (UMC), but nonetheless wishes to preserve and encourage the economic benefit UMC provides by employing county citizens, supporting local businesses, and generally promoting Tooele County as a motorsports recreation destination in the state and region, among other economic benefits;

 

The Utah Motorsports Campus is adjacent to the Deseret Peak Commercial Redevelopment Area, which Tooele County established in order to encourage commercial development in the vicinity;

 

The RDAís ownership of UMC will assist with planning and implementation of the Deseret Peak Commercial Redevelopment Area because it will encourage the continued viability of a large commercial facility in the areaís immediate vicinity;

 

Two independent appraisers have analyzed the property within the past several months. The Cash Purchase Price meets or exceeds these two appraisals, one being $15M and the other $20M. These appraisals address the need of obtaining adequate consideration required by Utah law and Tooele County Ordinance. These appraisals will be made part of the public record and posted to the Countyís website for public inspection.

 

According to County Ordinance, for property like this, two independent appraisals are to be performed and the sale price must be at least the average of the two. The County has chosen to sell UMC for the higher value of the two. The $20M purchase price meets or exceeds the average of the two appraisals ($17.5M), as ordinance requires.

 

These two full appraisals have been performed at considerable cost to the County, showing that no corners have been cut and that we have unquestionably sought professional consultation on the Fair Market Value (FMV) of the property.

 

Both appraisals took in to consideration Center Pointís prior offers, MiTimeís offer, Millerís valuation of $0 since abandoning the property without seeking financial compensation, as well as all other offers from the previous yearís efforts to sell the property.

 

Tonightís action only conveys property to the RDA, not a sale where the County is taking bids.

 

Center Point Management has made an offer to purchase the UMC today.† That offer will be forwarded to the RDA for its consideration.

 

On August 31st, the RDA will hold a public meeting to consider the purchase of the UMC.† If the RDA does vote to purchase the property, the it will outline its plans for selling the property at that time.

 

John McCartney - encouraged the sale to the RDA of the property in question.† He felt the RDA is better able to manage the property and to pursue sale of the property with a long term view rather than sale for a monetary gain.††† In addition, he felt the sale to the RDA would result in a significant financial gain to the county while taking away the responsibility of management of the property.† It would also relieve the county of any liability from the sale of the property.

 

Tara Pincock - does not support this plan, $20 mil is not enough.† The county has suffered for a long time; the children are the ones who have suffered.† The Deseret Peak Aquatic Pool was shut down; our teachers complain that there is not enough money to do the things they want to do.† Consistently the county has agreed to take the $20 million rather than the $28 million.† MiTime has not signed a contract guaranteeing that they will do the things they promised to do.† If this is a backdoor deal to sell it to MiTime for $20 million, that is unacceptable?† She asked that they consider the $28 million that is on the table to maximize it for the schools and the county.

 


Jason Cramer - from what he understands this sale for $20 million is not the sale to the MiTime, just the sale to the RDA.† What we need to focus on is the next sale.† The RDA is responsible for all of the operating costs that will be incurred until the time of the sale.† That is going to be a loss, according to the Commission, it is going to be deducted from the sale price.† The reason the RDA is buying this is so they can sale it to MiTime for any price they want.† Is this going to get us out of a law suit with Mr. Cartwright, or are we going to get into a law suit.

 

Brenda Faddis, is the grant from the Tourism Fund for $200,000 going to be dedicated to the Ford Motor school at the racetrack?† Does this have anything to do with that?† Commissioner Milne stated that it does not.† She does not support this action, she feels like the tax payers own this and that this property is going to affect us for the next hundreds of years.† Just like the DPC, this is going to affect us for many years.† The proposal is just an idea of what is going to be sold or done, a bid gives a money amount, a bid is a bid to purchase a property.† She did not vote for the RDA or for the members of the RDA.† She encouraged them to look at the long term effect on the community.† Many people love the park and the race track but there could be other bids that would satisfy the property just as much.

 

Jerry Edwards agreed with everything that has been said.† We elected the Commissioners, committee=s are making all of these decisions so they don=t have to make the decisions. We have a $6 million rainy day fund, roads are terrible.† Looking at the Transcript Bulletin, you=re advertising for jobs over and over, you can=t keep workers because all of the money is going to the top.† He is tired of it.

 

Ken Goodrich - Grantsville resident, Veteran.† Would like to keep communists out of our country, keep America in American hands.† What they are doing is wrong, you know itís wrong.† Mr. Cartwright says he had no intention of closing the racetrack or putting anyone out of work.† He feels like the RDA is going to give it to MiTime.† This town has more veterans than any other town in Utah.† He wants them to appreciate the veterans for what they have done.† We have been offered $28 million+.† MiTime hasn=t offered any more than the $20 million.† This belongs to the tax payers, not to the Commissioners.† Do what is right by the people and not what's right for a few.

 

David Cazerian - Erda resident and representative of NASA Utah.† He runs a race series at UMC.† He likes putting this in the hands of the RDA, letting them make decisions that are right for the county, long term development.† This decision needs to be made as quickly as possible.† Other regions have their schedules already made, he can=t even make his yet.† This helps tourism.† They recently had an event the same night as the Demolition Derby.† Thirty-four additional teams came in from out of state.† The average for those teams was almost 7 people per team that traveled to Tooele County.† They stayed 3.1 nights on average and all but two of the teams stayed at a hotel in Tooele County.†

 

Gordon Beals - Folks from the beginning have been looking for proposals.† This evening Shawn used the word bid, is it a bid or a proposal.† MiTime says they bid $20 million but now you would have us think it is a proposal.† I think you=re playing a little shell game.† Why did you choose to sell it to the RDA?† Commissioner Bitner - trying to put it in the best position for the county to dispose of.† Gordon - why didn=t you do it in the first place?† You=re losing the people=s confidence in you because you don=t care about communication.

 

Andrew Cartwright - manager of Centerpoint LLC, has nothing against the Commissioners, but it feels like they hate him because they won=t return phone calls or talk to him about negotiations.† This morning he emailed them an offer $28 million, he went to court with $38 million in cash.† He has agreed to keep the track open and invest $275 million into the track.† The land itself, because it has electrical, is worth $50 million by itself.† He offered $50 million, and is willing to keep the jobs here.† You are having a sale, you can=t ignore my bid.

 

John Gardner - Tooele resident, Navy Veteran, father of a navy daughter.† Works at UMC, moved from Charlotte.† Recommends the sale of the facility to the RDA and the sale be expedited as soon as possible.† This is the time of year when contracts and agreements are done.† The longer it takes it will make it more difficult for anyone to make a schedule.† He has been impressed with the MiTime people and warmly received by the community.

 


Tom Cramer - Tooele City for over 50 years.† When he repeated the Pledge of Allegiance to the flag, it=s not just the flag but the land of America.† The land is sacred, but Americas don=t think so, they think they can buy and sell it anywhere.† He doesn=t want his land sold to a foreign land or foreign government of any kind.† Whether you sale the land or bring people in from other countries it=s still desecrating sacred land.† You have a responsibility over that land and you will have to live with the decision you make.† It=s sacred to him and he hope it=s sacred to you.

 

Christopher Fields , Grantsville, was there at the beginning of the build of the race track.† He even built the infrastructure.† Larry Miller and Allen Wilson were close friends when they built that track.† Allen came in and did whatever he could when he heard the track was being sold.† Chris is in favor of selling it to the RDA.† He served in the US Airforce, change is inevitable.† He=s worked with MiTime and they treat the employee=s good, focus on taking care of the people in town.† People can talk, but I >m a show it person and they have shown it at this time.† He=s for moving the land to the RDA.

 

Travis William, Grantsville, Scott Ryberik President of the Sportbike Association couldn't be at the meeting, but he asked that this statement be read.† In the past year we've had a shock wave to the community, however, now we have a facility to race at and it=s been operated better than it has in years.† It is a smart move to sell it to the RDA.† Stability in operations is what his organization needs.† With the turmoil in the last few years they have lost users.† They are not spending their money in the community any more.† Travis presented a document from the 3rd Judicial Court, concerning Mr. Cartwright.† Line 44 states that Centerpoint had less than $10,000 in it's operating accounts.† He has yet to see a plan from Mr. Cartwright to keep it running and for us to have jobs.† Thank you for what you are doing.

 

Bart Kunz, Attorney for Tooele County, - the agreement will be posted on the website and available for inspection for the next 30 days in the County Clerk=s office.

 

Commissioner Milne moved to close the public hearing.† Commissioner Bateman seconded the motion.† All concurred.

 

4.†††††††† RESOLUTION 2016-07 - APPROVING THE SALE OF CERTAIN REAL PROPERTY OWNED BY TOOELE COUNTY TO THE REDEVELOPMENT AGENCY OF TOOELE COUNTY BY ENTERING INTO THE ATTACHED "PURCHASE AND SALE AGREEMENT".† Commissioner Bateman moved to approve Resolution 2016-07.† Commissioner Milne seconded the motion.† All concurred.

 

5.†††††††† PUBLIC CONCERNS.† Jerry Edwards - disagreed with the decision the Commissioners made in approving Resolution 2016-07.

 

6.†††††††† ADJOURN.† Commissioner Bateman moved to adjourn the meeting at 7:52 p.m.† Commissioner Milne seconded the motion.† All concurred.