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Track decision questioned

• Dougherty County Commission records are at the center of the latest dispute at the Albany Motor Speedway.

Carlton Fletcher

ALBANY — The next chapter in the saga of the Albany Motor Speedway may, as would-be owner Tim Pafford says, play out in a court of law, but Pafford’s contention Monday that the Dougherty County Commission “had never made Legends cars only” a stipulation for racing at the track was refuted by documents presented by Albany Planning and Development Services Planning Manager Mary Teter.

“In looking at the files and reconstructing the events as they unfolded, the conclusion that staff has drawn is that the track was intended for Legends car racing only,” Teter said Monday afternoon after presenting information from a number of sources related to the matter. “I was not in this position at the time, but staff I’ve talked with who were have the same recollections.”

Pafford excitedly informed a Herald reporter Monday that his investigation into minutes from commission meetings dealing with the track did not include any mention of Legends cars.

“We’ve got ’em,” he said. “They’re saying that the track was initially built for Legends cars only, but there’s nothing in the minutes of those meetings that even mentions Legends cars. They required a 100-foot setback, which we did, and a berm with shrubbery, which we did not do.

“But as far as the track goes, they say it should be for ‘automobile racing and associated activities.’ I’m very excited about this.”

Teter, however, said the commission meetings were not conclusive in the case of the speedway.

“The county commission approved rezoning from R-2 and AG to C-8 for commercial use on June 1, 1998, and one of the conditions for the rezoning was that the track be used for automobile racing and associated activities,” she said. “But at that time the planning commission had the authority to grant special approval for a facility like a race track. Now, it’s a zoning action and must be made by a (county or city) commission.

“On June 4, 1998 the planning commission sent conditional approval to Woodrow Kearce (who with his son, Lance, were partners with Pafford in the construction of the round track) to allow a Legends car track.”

Teter admitted that that did not, of itself, constitute approval of Legends racing only, but she noted that information in a letter of intent sent by Woodrow Kearce spelled out clearly the track owners’ plans.

“In his letter, Mr. Kearce mentioned Legends cars only and said noise would not become a concern because of the stainless steel mufflers on the cars and that the duration of Legends races was two hours. From what I understand, he even brought one of the cars before the commissioners for them to hear.

“Looking at all of this information, staff concludes that the track was built solely for Legends racing.”

Peter Studl, who has worked on a number of projects in recent months with businessman Bob Brooks — who bought the Albany Motor Speedway property when it was in foreclosure — said as a “friend of the parties involved” he would like to see some kind of compromise brokered.

“Mr. Pafford has a pretty good argument, but city planning interprets (the information) differently,” Studl said. “This is a classic case of perhaps a compromise being the best solution.”

County Administrator Richard Crowdis and County Attorney Spencer Lee said Monday they preferred not to comment on the case since Pafford has openly threatened legal action.

“Certainly Ms. Teter’s office is the proper place to find the records in this matter,” Lee, who recently returned from vacation, said. “As of right now, nothing has come across my desk in this matter, so it would not be proper for me to comment.”

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