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Old 09-28-2011, 10:20 AM
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cello
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Some interesting developments re the ongoing litigation re NJMP. Note the cited new start times, the frequency of monitoring of sound levels, and the creation of a "sound committee" with the complainants. Noise/DB levels are coming folks, IMHO....

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Posted: Wednesday, September 28, 2011 1:00 am | Updated: 6:28 am, Wed Sep 28, 2011.

NJ Motorsports Park, Millville group settle lawsuit over noise complaints By DEREK HARPER, Staff Writer pressofAtlanticCity.com | 0 comments

MILLVILLE — The New Jersey Motorsports Park will work to quiet its track and narrow its operating hours, while paying the group that sued it about $81,000 for legal fees, according to the proposed settlement and TrackRacket President Michelle Post.

TrackRacket is a group of four people who have raised objections to the noise created by the motorsports park in Millville. They initially filed suit in December 2009 against the track and Millville, but a judge dismissed the city from the suit in August 2010.

“I wish it was more, but you know what, it’s better than a lot of bankruptcy things where you get 10 cents on the dollar,” Post said, referring to the track’s recent bankruptcy.

“Coming to an amicable agreement with the TrackRacket group was important to us,” said Brad Scott, general manager of New Jersey Motorsports Park, in a statement released by TrackRacket. “Establishing the Sound Committee will help us address any local concerns and remain a good partner with the residents of Millville and Cumberland County.”

Scott did not respond with further comment

As a result of the settlement, the track agreed to:

_Settle with TrackRacket for a $300,000 unsecured claim in its ongoing bankruptcy proceeding. Unsecured claims are the last claims to be paid and are typically done so at a fraction of the original sum. Post said she anticipated ultimately receiving about $81,000.

_Allow engines to start no sooner than 8:30 a.m., and generally start races 9 a.m. or later. Three races a year could start earlier, but the track would have to give written notice to TrackRacket.

_Generally end race activities by 6:30 p.m. The track could also hold 45 events a year that end at dusk, following an earlier legal settlement, as well as one 24-hour race or two races that end at midnight.

_Evaluate and improve the public-address system so that people in the track’s paddock can hear announcements better, while making them quieter for neighbors. Upgrades are due by April 1, 2012.

_Monitor sound three times a month at receptors set up at residences and 50 feet from the track. The track and TrackRacket will then negotiate commercially feasible ways to reduce sound. Arbiters will make a decision if the groups can’t agree by Jan. 8, 2012. The case may return to court if a decision can’t be reached.

_Take part in a four- to eight-person sound committee with TrackRacket. The committee will hold monthly meetings on all outstanding issues.

TrackRacket was one of the listed claims when the track went into bankruptcy in March. Post said the agreement was reached in July, but discussion regarding future track growth kept the agreement from being finalized until Sept. 22.

A bankruptcy court approved the track’s reorganization plan July 14.

TrackRacket spent about $125,000 in legal bills, Post said, for which she said donations and the settlement will pay for. TrackRacket is registered as a nonprofit, and its most recent filings in November 2010 for the 12 months ending in May 2010 indicated that it raised $28,579 from gifts, grants or donations, and spent $24,969, largely on professional fees to attorneys.

In an email, Post wrote that “it is a shame that law-abiding, taxpaying residents had to risk their financial security on an expensive lawsuit because of the follies of their elected officials.”

She added that the settlement was the result of “untiring efforts of dedicated individuals for many years to reduce excessive noise and to gain back some modicum of the peaceful enjoyment of their homes as they enjoyed for so many years prior to the NJMP’s arrival.”

Source: http://www.pressofatlanticcity.com/n...cc4c03286.html
Old 09-28-2011, 11:11 AM
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MUSSBERGER
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So help me understand. Did the track lose the suit prior to bankruptcy and have a judgement against it?
Old 09-28-2011, 11:15 AM
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Streak
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Four people ?!?!?!?!?!?! F them!
Old 09-28-2011, 11:21 AM
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Are there similar committees and complaints about the AIRPORT next door?
Old 09-28-2011, 11:22 AM
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cello
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@ MUSSBERGER... Others more versed in B Laws can chime in, but my take from the above is that TR filed/was added as a creditor because they had a pending lawsuit, that part of the approved Plan permitted some payment to them (the AF referenced), and that the injunctive relief (noise, etc) was reserved as outside the B proceedings....

This 'settlement' attempts to resolve those 'outside' issues - If 'resolve' is appropriate verbiage given the continued dancing TR and NJMP will do in the created 'committee' and the reference to 'continued negotiations, and Arbitration/Court proceedings' relating to reduction of on-site sound....
Old 09-28-2011, 11:27 AM
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Originally Posted by Bman
Are there similar committees and complaints about the AIRPORT next door?
EXACTLY. A perfect summarization of the stupidity of this crap.
Old 09-28-2011, 11:29 AM
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Originally Posted by Bman
Are there similar committees and complaints about the AIRPORT next door?
Here in Arizona we have Arizona motorsports park. The Track is located right off the end of the runway of an F-16 training base. Yet it was shut down for noise as well. That was back in 2004. Today it is in the process of re-opening with heavy stound restrictions. 94 dB at 50 feet for each car. I was at a sound test there last weekend which was required to be able to run there at all. Cars were on the track so quiet that I could not even here in them in the paddock unless they were on the pit straight. The paddock is pretty far from the property line I'd bet you could not hear any thing along the main road at all.

It is a shocking expereince to be on the track racing fully suited up going 6000 rpm and have all sound drowned out by and F-16 taking off overhead.
Old 09-28-2011, 11:36 AM
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New sound restrictions on the way? Great! Don't want to disturb the sleep of all the crack addicts in downtown Millville.
Old 09-28-2011, 11:44 AM
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Sound committee: bunch of people who will not agree that the sky is blue. Monitor 50 feet from the track? What a joke.
Old 09-28-2011, 11:48 AM
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Originally Posted by Arkadi
Sound committee: bunch of holier-than-thou car-hating yuppies who live adjacent to an active airport but bitch about the racetrack that is on its premises. What a joke.
FIFY...
Old 09-28-2011, 11:50 AM
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Originally Posted by Arkadi
Monitor 50 feet from the track? What a joke.
Actually 50 feet from the track is the standard for how sound is measured on race cars.
Old 09-28-2011, 12:14 PM
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I dont disagree with you VR but the track will have reps on the committee as well so here is how the meeting will go: You guys are too loud! Not we aren't, yes you are.......

I have seen the 50 feet thing before and it is just going to breed more fighting. If you put a meter on a bone stock 911 at idle, no problem. Put a meter on a Mazda RX-7 ITS car at full tilt and forget it. This whole thing will be back in court multiple times. Hope the place can survive with this and their financial issues.
Old 09-28-2011, 12:17 PM
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GTgears
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Track Racket sounds like just that, a racket...
Old 09-28-2011, 12:25 PM
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Originally Posted by Bman
Are there similar committees and complaints about the AIRPORT next door?
well one does serve a useful purpose to the community. The other is generally just a bunch of people having fun. You could argue the track brings some revenue to the county, but I can see why the airport would be a more desirable business and less likely noise target.
Old 09-28-2011, 12:31 PM
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Next is the request for planes to cut their engines at 5000 ft and glide in............................... Also I think cars should also be off throttle when they can coast to the next corner. Simple solution would be permanently plug the complainer's ear canals.


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