Carroll County Independent
March 22, 2007

New bill aimed at track issues

by Lori Lenart
Staff Writer

CONCORD — Whether Club Motorsports' business will benefit the community or not, some who testified at Tuesday's public hearing in front of the Public and Municipal Affairs committee in Concord suggested that the passage of Senate Bill 190 would affect other groups in the state, including small motor vehicle clubs, such as snowmobile and ATV clubs.

Those in favor of the passage of the bill slightly outnumbed the opponents, with 12 speaking in favor of the bill and seven speaking against it.

Proponents of the bill said it would send members of both sides of the issue in Tamworth back to the table to negotiate until both parties are happy, Senate sponsor Peter Burling (D-Cornish) said.

Senate Bill 190 says, "This bill establishes a committee to study municipal regulation of private motor sports clubs." As it currently stands, the Senate would set up a study committee to better determine whether towns should have control over any motor sports clubs. The citizens of Tamworth and members of the private driving club "find themselves in three legal actions" because of the passage of RSA 287-G, he said. "This is extremely unfortunate." The matter needs to be resolved with mediation, he added, so they can come to a long-term resolution. "I hope we can create a committee and find a resolution."

Other proponents went even further, encouraging the committee to amend the bill to repeal the passage of SB278-G. By repealing SB278-G, local control would be returned to the municipalities with race track ordinances. Representatives testifying had that in mind when they suggested amending the bill.

"If you don't like the bill, just get rid of it," said Harry Merrow (R-Ossipee). RSA 287-G was "tailor-made to one company," but there are 19 towns in New Hampshire without zoning. "The same thing could apply to all these other towns. We should not be in a position to make special laws for special companies."

Rep. Peter Schmidt spoke in favor of the bill. He added that because of what he said is most likely to come out of the court system, "It's unlikely Club Motorsports will be granted a right to build, therefore Tamworth is shielded from the worse piece of the legislation to come through the legislature in years (RSA 287-G)." He also cited a sign once displayed by Club Motorsports, "Feed your need for speed," which he said suggests Club Motorsports may not just be putting in driving instruction facility but really a race track. But because of the passage of RSA 287-G, the town has no way of regulating that facility with their ordinance regulating not prohibiting race tracks.

Former representatives Howard "Crow" Dickenson and Dave Babson agreed with Merrow, testifying with similar words. Dickenson had a different solution, though, by adding wording that would exempt any projects that had already been started. Burling said the sponsors had thought about that already, and because CMI had not "put a spade to dirt" yet, they would not be exempted.

Selectman Willie Farnum, of Tamworth, presented a letter from the board to the committee showing the board's support of passage of the bill.

As an individual taxpayer in the town, he said, when asked by Burling, that he personally does not feel selectman have the power to mediate around an ordinance. "To mediate around an ordinance is a disservice to the citizens. Don't mediate around the law, change the law if you don't like it." Mediation came during the time when the race track ordinance was being created, when all parties participated, from Club Motorsports, FOCUS:Tamworth, and residents of town.

"What can the legislature do to help now," Burling asked Farnum.

"Give us back our right to regulate" with the town's ordinance, "which was yanked out from underneath us," Farnum said. "Is it the right of the legislature to curb the rules so that [businesses] can go ahead? I don't think the selectmen can bend the rules."

Burling said that despite what Jim Hoenscheid of CMI said, FOCUS:Tamworth did not tell him to come up with the bill. "I sponsored the bill out of my concerns with the passage of 287-G," he said.

Senator John Barnes (R-Raymond) brought up the issue of zoning, asking Farnum if the town was planning on enacting zoning. Farnum said that the town is in the process of revising its master plan and has sent out a survey as part of that process.

"I can't tell you if or when that will come to be," Farnum said. "In time that will come, but it is up to the voters."

Not in favor of the bill

According to some who testified Tuesday, motor sports clubs include any small groups of snowmobilers or motorcycle clubs.

"What about the Harley guys," Steve Rockland asked at the hearing. "Are you going to regulate them? They're big in New Hampshire."

One effect of such regulation, some said, would be a mixed message to business owners. Not only would it discourage people from coming to Tamworth to establish a business there, said Bill Grover of the Greater Ossipee Area Chamber of Commerce, by changing the rules in mid-process, it would discourage more businesses from establishing themselves in Tamworth. Passing the bill could also become a precedent affecting other kinds of businesses in the future, just by changing the wording of the bill.

"Senate Bill 190 sends the signal to 'Watch out! Stay away! Find another more consistent and business-friendly state," said Lloyd Dahmen, President of and investor in Club Motorsports.

He added that the company has a commitment to be a good member of the community, contributing 50 people initially and 100 when Club Motorsports is fully operational, and contributing between $255,000 and $510,000 in tax revenue for the town.

Dahmen also spoke against the bill. He said the bill would be just "one more road block of many" that the company has had to deal with. At this critical juncture, he added, with more than $2 million invested in the project so far, and with many investors, a change in the legislation might send the wrong message to the company's investors.

Jim Hoenscheid, the vice president of marketing for Club Motorsports, also spoke against the bill, saying there are systems already in place, such as the court, that are working. There are currently three court cases, he said, one of which appeals the planning board's recent decision to deny the company a special use permit. "The standard appeal process works," he said. Also, "There were things in the race track ordinance that would have prohibited us from moving forward," but he did not elaborate on which ones at the hearing.

Burling asked later if there was anything in the ordinance that would prohibit the construction of the project, and Rep. Peter Schmidt (D-Dover) said there was not.

Hoenscheid continued saying that the company had applied for federal, state and local permits, and he felt confident that they could operate with respect to the environment and other areas of concern.

Committee attendance

While many of the members of the committee were present Tuesday at the beginning of the hearing, only Burling remained when it ended. Committee chair NAME said at the beginning of the hearing that she would have to leave at 10:30 to sponsor a bill of her own in someone else's committee, the chair of which also had to leave at 10:15 to run her own committee.

"If we leave, don't take it personally," she said. "I will read every piece of paper that is submitted to the committee. I can't speak for the rest of the members."

The committee will make a recommendation on the bill at some point in the future. If it is passed in the Senate, it will then go to the same committee in the House.

To read the text of the bill, visit www.gencourt.state.nh.us/legislation/2007/SB0190.html.

Senate bill 458, which exempted private driving facilities from the definition of race tracks, was passed in 2004, and became Chapter 287-G:1 (www.gencourt.state.nh.us/rsa/html/XXIV/287-G/287-G-1.htm).