August 07, 2001 Public Hearing Mid-Atlantic Business Park
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BOARD OF SUPERVISORS PUBLIC HEARING
IN RE: SHOCKEY COMPANIES
Au{!ust 7. 2001
MR. SHICKLE: Ladies and gentlemen, would you have a seat, please? I call the meeting
to order. Mr. Sager, will you lead us in the invocation, please?
MR. SAGER: Let us bow our heads. Almighty God, Father of creation, wisdom and all
things that are good, we just ask you, Father, to guide us and lead us tonight, Father, that your light
might shine upon us, Father, that we might always, Lord, remember that we're your creation. Let
us humble ourselves, Lord, to be professionally-minded. Let us, Lord, always be courteous and let
us respect your creation of one another. Abide in us, Lord, and help us to do your will. For we
know all things on earth are of you. In Christ's name. Amen.
MR. SHICKLE: Mr. Orndoff, would you lead us in the Pledge of Allegiance to the Flag.
ALL: I pledge allegiance to the flag ofthe United States of America and to the republic for
which it stands, one Nation, under God, indivisible with liberty and justice for all.
MR. SHICKLE: Are we ready to begin, Mr. Riley? Anything to add?
MR. RILEY: No, Mr. Chairman.
MR. SHICKLE: First we'll approve the agenda.
MR. HARRINGTON SMITH: I move for adoption of the agenda.
MR. SHICKLE: We have a motion from Mr. Smith. Do we have a second?
MR. ORNDOFF: Second.
MR. SHICKLE: Second from Mr. Orndoff. Discussion? All in favor, aye.
BOARD MEMBERS: Aye.
MR. SHICKLE: Opposed. No. The motion carries. All right, this evening is a public
hearing in response to a request for zoning 04-00.
SPEAKER: Can you hear me, Mr. Chairman? Thank you, Mr. Chairman and members of
the Board. We sent an application, 04-00, as a request from Mid-Atlantic Industrial Tech. Center
to re-zone 404 acres from R1, rural agricultural to light industrial district. The property is located
on the east side of Milburn Road, south of Old Charles Town Road, southwest of Jordan Springs
Road in the Stonewall Magisterial District. The purpose of my staff report this evening is to touch
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on new information that's been submitted by the applicant for review by the Board. That includes
three items. Review agency comments from the Virginia Department of Transportation, the
Frederick County Sanitation Authority and the County Attorney, as well as new information from
the applicant's Impact Analysis Statement and revised Proffer Statement.
The first bit of information would fall under impacts and issues associated with
transportation. New information provided from the applicant's Impact Analysis Statement advises
the traffic generation from the 404 acres for the request to be re-zoned will be limited to 6,000
vehicle trips per day on the existing road system. The applicant's Proffer Statement requires specific
improvements at that point in time. The applicant conducted traffic count studies in Fort Collier
Industrial Park and Stonewall Industrial Park in November oflast year to determine the appropriate
vehicle trips per day per acre generated by these industrial parks. The applicant's traffic study
identified a range between 26.2 and 26.9 vehicle trips per day per acre. The applicant has assumed
and projected vehicle trips per day per acre of 26.2 which would yield 10,585 trips for the
development ofthe 404 acres ofland proposed for rezoning The review agency comment regarding
this new information was from the Department of Transportation. The Department of Transportation
met with the applicant to review the methodology utilized in the traffic impact analysis and the new
VDOT comment, which was in your package, dated July 27th states that the review has been
conducted of the revised transportation proffer and that VDOT agrees to proposed work adjacent to
the property and has no opposition to the additional proffers proposed by the applicant.
Staff comments regarding this: The new information within the applicant's traffic Impact
Analysis Statement does not provide current traffic counting information for the impacted roadways.
It does not estimate the percentage of the vehicle trips. It would be tractor trailer versus normal
vehicle trips. It does not provide current projected levels of service information for the impacted
roadways. Nor does it account for the projected term units to Martinsburg Pike. Furthermore, the
applicant does not identify the road intersections that were counted as part of the Fort Collier
Industrial Park study or the frequency of the traffic counts that were conducted for each industrial
park for the year of2000. The Virginia Department of Transportation has published a 2000 Virginia
Department of Transportation Traffic Daily Volume Jurisdiction Report 34 which indicates a slight
increase in vehicle trips on both Martinsburg Pike and Old Charles Town Road from the previous
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staff report. It's gone from 9,800 to 10,000 trips on Martinsburg Pike and also on a segment of
Martinsburg Pike between Old Charles Town Road and Cedarville Road, it's gone up to 6,200 trips.
The new traffic counts for Old Charles Town Road have increased from 2,300 vehicle trips a day
to 2,500. Therefore, the applicant's estimation ofthe build up ofthis acreage for 10,500 vehicle trips
will increase the traffic on Old Charles Town by 425 percent and incur an average of traffic on
Martinsburg Pike by at least 100 percent of the traffic volume. Additionally, the applicant has
modified its Impact Analysis Statement for water and sewer. The new information provided within
this Impact Analysis Statement advises that the Frederick County Sanitation Authority has
determined that on average 1,000 gallons per acre per day is reasonable use for water projections,
while 500 gallons per acre per day is reasonable use for sewer discharge. The applicant has
projected that the development of 404 acres will result in a water usage of 404,000 gallons per day
and 202,000 gallons of sewer discharge per day at buildout. The Frederick County Sanitation
Authority Comment dated July 30th states that water facilities are available to meet the demands of
the revised Impact Analysis Statement and that the acreage proposed for re-zoning is ideally located
for a transmission main to provide for water service. The Sanitation Authority Comment further
states that public sewer is not available to this acreage and would be required to be extended from
existing facilities. The extension of public sewer for this acreage is recognized by the Sanitation
Authority as an answer to the feasibility of providing this service to residents ofthe Stephenson area.
Finally, the applicant has submitted new information within its Proffer Statement. This Proffer
Statement is dated July 30th, 2001 and has been signed by the owner and notarized and reviewed by
the County Attorney's Office. The new information from the Proffer Statement includes the
following: The applicant has proffered specific land uses that would be prohibited in the M -1 Light
Industrial District. The applicant has proffered to provide improvements to Martinsburg Pike and
Old Charles Town Road which would include lane widening, right turn lanes, and the execution of
a signalization agreement no later than the time the first occupancy permit would be issued for a
building within the industrial park. The applicant has also proffered to provide a second access to
Martinsburg Pike or further improve Charles Town Road with a three lane section which would
include widening of the bridge which crosses the railroad track, turn lane improvements when the
site generates more than 6,000 vehicle trips per day. Furthermore, the applicants proffer to undertake
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detailed traffic studies in accordance with VDOT guidelines when the site generates more than 6,000
vehicle trips per day every time a site development plan would be prepared within the industrial park
area zoned. The traffic studies would include linking houses and intersections associated with Old
Charles Town Road, Martinsburg Pike and Interstate 81, Exit 317, which is the Stephenson
interchange. Should a second means of access be provided by the applicant, it would proffer that
they would omit the detailed studies in all areas with the exception of the new Clement Road
intersection with Martinsburg Pike and the intersection 81, 317, which is the Stephenson
interchange. Once again, that road was constructed to connect Martinsburg Pike and that area. The
applicant has also proffered to establish a pro rata share limit of $50,000 for improvements to
Interstate 81, Exit 317. The applicants proffer to provide for the location of an aggregate crossing
ofthe CSX rail spur on Milburn Road, which is indicated on your attached exhibit which is a new
exhibit in your Proffer Statement. The applicant has also proffered to reserve an easement that
would be dedicated to a Civil War entrance road to establish an interpretative site as indicated on
another attached exhibit which is in with the Proffer Statement. Also, to amend any vegetative
buffer along Milburn Road which was previously proffered in the area ofthe Civil War interpretative
site and to allow for proper viewing. The applicant has modified the proffer for the vegetative
planting along the northern property line which is ones forresidential uses, along Old Charles Town
Road. The modified proffer designates a 100 foot buffer distance as completely inactive, which
would prohibit structures, parking, and other areas. The applicant has proffered to provide monetary
contributions to assist in the cost of sewer connection fees for 44 residential lots which adjoin the
applicant's property along Old Charles Town and Jordan Springs; the monetary contribution provides
$2,500.00 for each residential lot and is made payable to the Frederick County Sanitation Authority.
The applicant has proffered to provide easements to the Sanitation Authority for the location of
sewer lines to accommodate these connections and finally the applicant has proffered to limit the
issuance of certificate of occupancy permits within this acreage until the Clearbrook Water
Treatment Plant is online and serving the acreage. The County Attorney Comment regarding these
new proffers, which is dated August 1 st ofthis year, identifies some technical issues that would need
to be revised to specify things that the applicant would need to do, however, probably the biggest
part of his Comment is identifying the section that offers sanitary sewer with the monetary proffer
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to the Sanitation Authority for residential hookup subsidies may not be enforceable by the County.
With that report, Mr. Chairman, the applicant should be prepared to address how these new Proffers
adequately mitigate the issues and impacts that have been identified by staff in previous staff reports
as well as this staff report during review by the board. I would like to also identify two things. The
Planning Commission Summary for your February 2nd meeting, the Summary for that, I did not
indicate that the Planning Commission ended their public comment period at 10:30. There were a
couple people that had signed up to speak who did not get an opportunity. That was not added into
your action summary. And, furthermore, I'd like to draw your attention to a packet that's at your
chair this evening. This includes letters from seven organizations, including the Civil War
Preservation Trust, the Land Trust of Virginia, the American Farmland Trust, the United Methodist
Church, the Northern Shenandoah Valley Audubon Society, the Opequon Water Shed, and the
Thirteenth Virginia's Company H, which requests the Board not approve this request and that the
acreage be preserved for its historic and open space values. With that, Mr. Chairman, I will
complete my staff report and I'll be happy to answer any questions of the Board. It may be
worthwhile to have the applicant complete his presentation and then ask questions of both of us.
MR. SHICKLE: Any questions of the Staff Report presentation? Presentation, please.
MR. SHOCKEY: Thank you, Chairman Shickle, members of the Board, citizens of
Frederick County. Good evening. I'm Don Shockey of the Shockey Companies. We come before
you to present our newest additions and refinements to our re-zoning request for our proposed Mid-
Atlantic Industrial and Tech. Center in the Stephenson area. The Amended Proffer Statements we'll
be presenting this evening, in all cases, represent actions that exceed the County Ordinance. They
are in direct response to the specific concerns expressed by you and others at the July 11 th Board
meeting. I'm proud of what we've put together and I'm confident that these refinements will put to
rest any lingering concerns you may have regarding this project. I want to emphasize that we are
mindful of your instructions regarding the purpose ofthis hearing. We will present only the changes
that have been made to our Proffer Statements as filed on July 30th, 2001. Mark Smith of Greenway
Engineering will present most of this information. I will present the last few items. Then Gray
Hanes of the law firm Reed, Smith, Hazel & Thomas will make brief closing remarks. I'd like to
introduce other individuals who are with us for standby questions: John Goode, Treasurer of the
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Shockey Companies, John Callow, Transportation Engineer, and Mr. Thomas E. Reed, expert real
estate appraiser. Mr. Reed, who is certified and licensed by the State of Virginia, has submitted a
report showing there would be no adverse impact on property values as a result of our re-zoning and
development. Again, these individuals will be available for questions. May we proceed in this
fashion? Now, I would like to ask Mark Smith for his presentation.
MR. SMITH: Thank you, Mr. Shockey, Members ofthe Board. As a frame of reference,
the property subject to our re-zoning request is earmarked as industrial in the County's
Comprehensive Plan of 1996 and updated in Comprehensive Plan of2000. Pictured here is an aerial
overview ofthe Stephenson area. There's north... There's I-81, Route 11, Old Charles Town Road
and here's Milburn Road. The area in blue represents the Shockey property that is subject to our
application for re-zoning. Here is a DSA easement that has been provided to protect adjacent
battlefields and Milburn Road. For a perspective, here is the remaining property that is owned by
the Shockey Companies which is not subject to the re-zoning request. We will be referring back to
this as we present our amended proffer overview.
The Amended Proffer Statements address five areas: M-1 prohibited uses, transportation,
water, interpretative site and sanitary sewer. As you are aware, the entire property subject to re-
zoning has been req uested by the applicant to be designated M -1 light industrial. Typically, the M-1
Light Industrial Code represents usage categories that are considered to be environmentally friendly.
M -1 users are currently operating all over the County, many of which are located near residential
areas. Weare unaware of any environmental issues that have caused this Board or other Boards to
restrict any M-1 users from the Code in the past. Nevertheless, we examined the Code of
permissible M-1 industries. These prohibited uses are listed here: broad-woven fabric mills, wools,
including dying and finishing, dying finishing textiles except wool fabrics and knit goods, local
trucking without storage, transportation by air, drinking places, alcoholic beverages, industrial
launderers, tire retreading and repair shops. One additional broad category was added to the list of
restricted uses. On numerous occasions, the Shockey Companies have publicly declared that they
would never permit the handling of nuclear hazardous wastes, nuclear warfare production or a
nuclear power plant at the center. We added this restriction to the list even though it is not part of
the M-1 Industrial Code structure.
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Transportation. There's been a lot of speculation regarding our projections for the number
of vehicles that would be generated by the site once fully occupied. To eliminate the speculation
regarding traffic, we have amended the proffers to include road improvements that will be done up
front as well as future improvements that will happen when the area reaches a specific number of
traffic vehicles per day generated by the site. Before the center's initial building occupancy permit
is issued, the applicant will make specific improvements to this area on Old Charles Town Road and
US. Route 11. The next slide shows a concept of the initial improvements. These improvements
include: a 24 foot lane widening on Old Charles Town Road, which will include shoulders; installing
a right-tum lane on and off on Route 11 and a right-turn lane into the center. We will also execute
a traffic signalization agreement with the Virginia Department of Transportation for this area. The
Shockey Companies will incur the cost of a traffic signal to be installed at the center's entrance on
Old Charles Town Road. Right here. The timing of the installation will be determined by the
Virginia Department of Transportation. In addition to these initial improvements that will be made
before the first occupancy permit, we will have identified a specific volume of traffic that will serve
as a trigger point for the additional future improvements. This will include the County's
comprehensive plan collector road system. Future improvements will be triggered at such a time the
average trips exceed 6,000 vehicles per day generated by the site. This trigger point, as well as
improvements to be made, were identified as a result of a traffic study conducted by John Callow,
expert transportation engineer. Mr. Callow used procedures and practices as dictated by the Institute
of Traffic Engineers, Industrial Park Classification 130, Federal Highway Administration Highway
Capacity Manual, and also procedures adopted by the Virginia Department of Transportation. This
traffic study was submitted to and approved by the Virginia Department of Transportation. Upon
reaching a 6,000 vehicle per day trigger point, improvements will include greater access to US.
Route II and it will be done one of two ways. We will develop and complete the collector road
system as designated in the County's Comprehensive Plan. It goes through the Shockey property,
comes out to the south and onto Route II. This is the preferred option. An alternative would be to
make further improvements along Old Charles Town Road from the center's entrance to US. Route
II. These improvemcnts will include an urban, three lane road section, widening of the bridge,
expansion of improvements to the associated turn lanes. We will also, when we know that we are
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approaching the 6,000 vehicle per day trigger point, it will be done by actual counts that will be
performed by a professional engineer using standard engineering practices. These counts will be
done with each individual site plan as they come forward.
Water. As part of our requirements for application, the Frederick County Sanitation
Authority reviewed our proj ections for water consumption by the center. We have received approval
by the Sanitation Authority indicating that there is adequate water supply to serve the site and the
Stephenson area. However, as an added safeguard, we amended the proffers indicating that we will
not apply for an occupancy permit until the new water plant at Clearbrook, currently under
construction, is online and serving the site. Now, Mr. Shockey will present the last two items.
MR. SHOCKEY: Thank you, Mark. Regarding the Civil War historic aspect that
represents a portion of this property, as well as our adjacent property, we have explored ways in
which we could make the most of its significance. In our amended proffers, we are taking our
preservation effort a step up. We are prepared to reserve a portion of our property for a dedicated
easement that can be created into a Civil War interpretive site with parking. We are currently
considering a Civil War interest group that is capable of making this interpretive site a reality. Our
amended proffers require that the Civil War interest group must be a recognized, legal entity able
to receive such easement rights. All expenses associated with the creation of a legal easement and
use documents will be borne by the Shockey Companies. All expenses associated with structural
and/or aesthetic improvements within the easement associated with Civil War will be borne by the
Civil War interest group. And there are other requirements this interest group will need regarding
engineering and design standards. As you can see from the location, this dedicated easement is just
inside the entrance off Old Charles Town Road. This property is part ofthe 404 acres subject to re-
zoning and, in other words, it is not encroaching on the DSA easement or the 32 acres we've already
set aside for historic preservation by virtue of our proffers. The interpretive site is situated on the
left side of the entrance on top of the ridge overlooking Milburn Road. It points west towards the
core battlefield of the Third Winchester and the vast majority of the core battlefield of Second
Winchester. This concept is similar to that provided to the County by the Winchester Equipment
Company rezoning, which was applauded by members of the Board of Supervisors. This concept
is also part of the Rutherford farm application or better known as the Duncan application.
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Sanitary sewer. As you know, the Mid-Atlantic Center development would serve as a
catalyst for bringing the County sewer system to the Stephenson area. Our company will be
cooperating with the Sanitation Authority in providing reasonably necessary easements for the
location of sewer lines on the Shockey property. In addition, help in defining sewer hookup costs
will be made available to residents of the 44 households along Old Charles Town Road and Jordan
Springs Road, whose properties are contingent with our property. Our amended proffers state that
we will pay to the Frederick County Sanitation Authority a sum of $2,500.00 per household which
will be applied as a credit toward the cost of connecting the sewer system for any of these 44
households. In order to be eligible for the credit, the household must have property that is contingent
to the Shockey property along Old Charles Town Road and Jordan Springs Road, have an existing
on-site system, and by that which could even include outhouses, must apply for connection during
the first 90 days after notification that the sanitary sewer is available. And as a matter of interest,
I understand that the Sanitation Authority gives a pre-notification availability of six months in
advance. And this would be in addition to that 90 day notice so folks will have plenty of time to act.
These proffers, what we worked with the Sanitation Authority in the wording ofthese proffers and
this meets with their guidelines.
I will be submitting, for the record, a petition signed by Stephenson's residents back in 1989
representing their desire to have County sewer. Also, I am submitting a 1989 letter from the Health
Department official sent to a Stephenson resident indicating there is a health risk in this area because
of failing septic systems. In addition, a file search of Health Department records has been conducted
by a certified soil scientist who is the former Director ofthe Frederick County Health Department.
His findings clearly indicate that there have been numerous complaints as a result of failing septic
systems by residents in Stephenson since 1979 and as recent as last year. I will be submitting this
for the record as well. Thank you. We offer the $2,500.00 credit to the 44 households as a gesture
of goodwill to those folks who live closest to our property. With only one exception, none ofthese
folks have asked anything ofthe Shockey Companies so we see this as another way of being a good
corporate neighbor.
Let me summarize our Proffer Statements. We have addressed environmental impact
concerns by identifYing M -1 prohibited uses and by categorically eliminating nuclear waste, nuclear
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production, nuclear power plants. We have addressed traffic impact regulation by identifying road
improvements before the first occupancy permit is applied for and by identifying a 6,000 vehicle per
day trigger point for additional future improvements. We have addressed water concerns. There will
be adequate water per the Sanitation Authority approval for this project. For extra measure, we will
not file for an occupancy permit until the Clearbrook plant is online and serving the site. In addition
to preserving 32 acres of core battlefield, we are further demonstrating our historic sensitivity by
providing an easement for an interpretive site with parking. We have addressed sewer availability
to the Stephenson area by serving as a catalyst for the County sewer system. Also, we will cooperate
in providing reasonable, necessary easements on our property for locating sewer lines and we have
addressed, to the extent possible, failing septic systems in the area by offering a $2,500.00 credit to
each 44 households whose properties are contingent with ours. And finally, I will be submitting to
you the analysis performed by an appraiser certified by the State of Virginia indicating that
residential properties in this County have not decreased in value located next to industrial parks. He
goes on to report that property values have increased in value, just as though they were located next
to other residential properties. Now, I'd like to ask Gray Hanes to make the closing remarks.
MR. HANES: Good evening. For the record, I'm Gray Hanes ofthe firm of Reed, Smith,
Hazel & Thomas. I'm an attorney. I've spent over 38 years as a land use attorney and a litigator in
that firm and I am pleased to be here this evening representing the Shockey Companies in this
application. I want to be certain that this record is completely clear as to what has been submitted.
We have prepared a transcript of your last hearing by a certified court reporter which I will
hand to the County Administrator. We have the report of Thomas E. Reed regarding the real estate
appraisal situation. We have John Callow's engineering study dealing with the traffic situation. All
of these people are here if you have questions regarding it. My understanding is that there are
representatives ofVDOT here, as well, who can talk further about the transportation issues if you
don't think they've been clarified enough.
I want to thank you on behalf of my client for the public hearings. Certainly everyone that
wanted to speak was granted that opportunity. We have tried to limit our presentation this evening
just to the issues relating to the amended proffers, but we did want to make the prior hearing, and
will, a part of this record. Let me talk just a minute about what I call process, and that process
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relates in the zoning world in Virginia, it starts with the heart and soul of the process being the
comprehensive plan. Every county, city and town in this Commonwealth is required to have such
a plan. It is the heart and soul. It controls. It is something that people can and are allowed to rely
upon and it is required by law that it be updated every five years. Your plan was just updated a year
ago and it showed this particular property as industrial. The right location for industrial. Now, the
next part of that process, of course, is the zoning, which is what we're about this evening and then
the proffers mitigate any proposed or suggested impacts on neighborhoods or services or utilities.
I believe that we have prepared and submitted to you one ofthe most thorough proffer packages that
this County has seen. It is certainly probably the most expensive on behalf of the Applicant and I
hope that you find that it is sufficient. But the process doesn't stop there and I want to emphasize
this. After the property is zoned, you still control this process to cover issues that may arise. The
next step is to master a development plan, which is a public hearing and that's the first development
plan by this developer. You then have the administrative process of the site plans and the
subdivision plans so covenants still control us. You still have the opportunity to hold accountable
this developer to what he says he wants to do and what is required by your ordinances. There are
a few issues of... I read today in the sales report that the County attorney has raised and I want to
make sure that they are covered in this record. They are found on page 2. The first one says, in
Section B, language regarding access needs to be reflection of applicant paying for access outlined.
We agree to that. The next one is need to find what has been warranted. That's in Section B3. That,
of course, was referring to VDOT. VDOT controls when warranted. Section G needs to be specific.
Who will pay to provide the buffering? This is on my client's property and, obviously, it is meant
to say the applicant is. The last one deals with whether or not the requirement or the proffer
regarding the $2,500.00 per lot for these 44 lots is enforceable and I think it is. But, ifit is not, then
you can reject that particular portion ofthe proffers. Whether it is or not, my client's going to do it.
That's the kind of corporate neighbor that he is. Finally, we all know we do not zone property by
plebiscite. If it had to be a popular vote every time, we probably wouldn't have any commercial or
industrial. It is to be decided after hearing our comments, our presentation, the issues raised, your
feeling about those issues but certainly not on whether it is popular or not and I'm sure that that will
not be the basis of anybody's vote. Finally, it has been a pleasure and honor for me to represent the
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Shockey Companies. One thing this application has that most others do not, or any others do not,
that you will see and that is the fact that Don Shockey is the applicant and he will stand behind what
he says and credibility is something very, very important in the zoning world. Thank you.
MR. SHICKLE: Are there any questions for the staff or the applicant by the Board?
MR. SAGER: I've got something... Probably Mr. Smith, ifhe don't mind. We talked about
the Codes which you proffered in and out and I think it's obvious that many ofthe Associated Codes
which are still proffered in would be allowed in, more numerous and maybe more diverse than that
which you reviewed in other industrial parks. For instance, there's a lot of businesses and industry
that could come in to the new park that are not in the old parks, Stonewall Industrial Park or Fort
Collier and if you look through that list you'll see a lot of them relate to transportation and some of
them relate to... well, many diverse type business including medical manufacturers and... I guess
my first question would be, when you did the traffic counts at Stonewall and Fort Collier, did you
also count the Baker Lane side?
MR. SMITH: The Baker Lane side... We... You're referring to Fort Collier there.
MR. SAGER: Yes sir.
MR. SMITH: Okay. Yes, we did. There's the multiple entrances in Fort Collier and,
obviously, Stonewall was easier because it was a single entrance. Now, if I can take this
opportunity, I'd like to clarify the traffic counts that we used as a local comparison with the
difference ofthe traffic in the transportation study. Okay? To make it clear... They're two different
issues here. All right. What we did is we went through and looked at our local industrial parks and
counted those traffic numbers and we do... We got the cars and the percentages oftraffic and that
gave us a good idea of what Frederick County does. Okay? And that sits over here. The
transportation study that was performed by Mr. Callow and reviewed by VDOT, okay, was used
strictly out of the Federal Highway Administration and the Institute of Traffic Engineering. All right.
That is standard day to day process. I mean, that's what you do in the transportation world and that's
the only way you're going to get VDOT to review and look at your study and go through and get
it approved. All right. So... One. We did the counts to know what we're doing in Frederick County
which could be different than is done in the north or the south. Okay? Does that make clear sense?
MR. SAGER: But... But the latter which you spoke about, that wasn't based on the matrix
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of the developer, it was based on the type of business or industry that would be represented. Is that
correct?
MR. SMITH: Okay. The way... The way that works... In the Institute of Traffic
Engineering, they... They do multiple studies of industrial parks across the United States. All right.
That's classification 130. That gives you a range of high-low and it gives you a specified statistical
average that you are to use in your transportation study and that... So that number you see in the
latter, as you report, was a national standard number which is much higher than we generate here in
Frederick County at this time.
MR. SAGER: The three or four pages you sent me, those allowable usages for the industrial
park. That would represent... If you would take a traffic count based on a type, for instance, whether
it be medical, whether it be a trucking business or how do you... Then that matrix or that figure
would represent that type of business...
MR. SMITH: That is correct. That is correct.
MR. SAGER: The only other question I have at the present is about... I'm hoping at a later
time this evening, we will be afforded the opportunity to ask other questions. I noticed some ofthe
things that you proffered about, and I commend you for things like nuclear waste and... You
remember I kidded with you. I'm glad there's going to be no beer joints in there...
MR. SMITH: Right. Right.
MR. SAGER: I had to have a little humor in this process.
MR. SMITH: That was really hard to find in the Code, I'll tell you.
MR. SAGER: It's hard to find humor sometimes... But one ofthe Codes that I think... And
I don't have my Code book here, but I think it was 282, medical, is that one of the things that was
allowed to be allowed in there?
MR. SMITH: I can get my list if you want me to.
MR. SAGER: Well, and... The Code may be wrong, but the intent is there, so in can just
address it. But I just happened to go down through the list ofthese type of manufacturers that would
be allowed in the park and I pulled out maybe three or four things that T thought would, you know,
that maybe should have been proffered out also and one ofthese things is... One of the allowed uses
would be the manufacture or the use of mercury chloride which is, you know, you're talking about
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a nuclear waste, that's a slow type process and mercury chloride is much quicker than... I'm just
using an illustration, if! may, and I'm not so sure the list, as it's presented, you know, may be... That
I would feel comfortable with, with having mercury chloride in here when I know that ifthere were
a spill by one of these manufacturers, someone using a chemical like this, and there are many
chemicals in there, that would require evacuation three or four miles from the area ofthe spill and...
Please allow me the opportunity to finish. But my concern is and one of the things that was
proffered was $20,000.00 to the fire company. And, when you... When you talk about this type of
industry, I don't think that the normal person can imagine what type of equipment would be required
nor what type oftraining and expertise would be required in this type oLof ...to accommodate this
type of spill or accident or what have you. And that is a grave concern of mine. Not only just for
the immediate area, but for the pump creek down there. I'm not trying to be paranoid about this...
But... And, remember, I discussed my desire to talk about some ofthe exigencies. And that's where
I'm at, so with that at the moment I have no more questions. Thank you, so much and thank you
very, very much for all that you have given me and your time and so forth.
MR. SMITH: May I have one minute to respond to your comment?
MR. SHICKLE: Okay.
MR. SMITH: The... As far as the uses, okay... If the... Of course, my philosophy of
proffering uses out or proffering uses in. We went through that, okay. And the... The proper way
to do it is when you have a small tract ofland, five acres or so, and you know what you're going to
put in there, you want to zone it... Say what you're going to do and go on with life. All right? And
you get... When you're planning for the future, you know, ten years out, you want to stay dynamic
with your zoning ordinance. All right? So what you want to do is look at your zoning ordinance,
look at your zone, and say, I know T want these issues to come out and I'll tell you if there's
something in there that we missed that is a problem for Frederick County and we don't want it in
there. Okay? And we would take it out. All right. But the process in a large planning effort...
Okay? You proffer uses out. You stay dynamic with the ordinance. Therefore, when we go through
and revise our zoning ordinance, which we will, because we're going to have to stay dynamic with
the Codes and the things of technology that happen, then your planned industrial parks get to move
with those new Codes that you move in and they have to be dynamic and not allow the Codes that
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you take out. Now, if you reverse it and you proffer in your uses and the County picks up and says,
you decide you don't want this mercury something, you know, we overlooked it in our Code, you
can take it out of your Code, but you've got a proper zoning sitting over here that says, I've got it.
You can't take it away from this guy. So the way it's set up now is the proper way to set that up for
large, mass planned zoning. All right. And, second point... Okay. In your zoning Code... Your
zoning Code set up uses. You also have state and federal agencies, DEQ's, environmental health and
things ofthose nature to help you plan and regulate. This is zoning a step one Code, then you've got
to go to regulations.
MR. SAGER: I guess I'm always just more comfortable making sure something is there
rather than removing it later and being prepared for whatever is coming because it... This area of
expertise now in containment of hazardous materials is an area which is very costly and expensive.
Thank you.
MR. SHICKLE: Any other Board members with questions to the staff or the applicant?
MR. HARRINGTON SMITH: Mr. Chairman...
MR. SHICKLE: Mr. Smith.
MR. HARRINGTON SMITH: Mr. Shockey, would you come to the... I can't apologize
for these people. We always find a couple of bad apples in every barrel. Red necks. Whatever you
want to call them. I personally want to apologize to you for the cheap shots taken at you as a person.
The statements that we make decisions in smoke-filled backrooms is a damn lie. Where you live in
Clarke County... Where does the CEO of Dupont live? Where does the CEO of Southeastern
Container live? I mean, these are all cheap shots so I just wanted to let you know that I'm aware of
that and I apologize to you again for everything that's been headed in your direction.
MR. SHOCKEY: Thank you, Mr. Smith.
MR. SHICKLE: Any other questions from the Board members to the staff or the applicant?
Hearing none, we'll move on into public hearing. This is a public hearing. It has been called by the
Board of Supervisors pursuant to the requirements of the Code of Virginia to receive comments on
the Amended Proffer Statement offered by the applicant forre-zoning request 04-00 of Mid-Atlantic
Industrial and Tech. Center. The Board has already received over six hours of comments on the
project and requests that the comments be related to the proposed amended proffers. As a courtesy
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to the Board, and as a help to the Chairman, I would ask you to link your comments to the Amended
Proffer Statement, otherwise, I may have to ask you to sit down. So that the Board of Supervisors
may have the benefit of your comments, it is our desire to have an orderly meeting. In an effort to
achieve this, the following rules of order will prevail: All speakers must be recognized by the
Chairman, each speaker should come to the podium and address their comments directly to the
Board of Supervisors. State your name and your magisterial district. Each speaker should be as
brief as possible and limit his or her comments to no more than three minutes. No speaker will be
allowed to speak more than once until all who wish to speak have had a chance to do so. Speakers
are encouraged to be direct, to the point and as brief as possible. As I mentioned earlier, please link
your comments to the Amended Proffer Statement. It is the purpose ofthis hearing to receive your
comments about the amended proffers for the proposed re-zoning. It is not the purpose of this
hearing for the Board to debate questions, engage in debate with speakers nor to make comments
themselves. This is not intended to be a debate and comments to the audience are not appropriate.
Disorderly conduct, unruly or rude behavior will not be tolerated. The Board reserves the right to
limit the length of the hearing especially with no new information being presented. We will now
hear from the speakers. Mr. Riley.
MR. RILEY: Thank you, Mr. Chairman. The first speaker is Linda Tyler followed by
Kevin Daugherty.
MS. TYLER: Mr. Chairman, Members ofthe Board. My name is Linda Tyler and I'm here
this evening as a registered voter living in the Stonewall District. I have no dealings financially or
otherwise with the Shockey Companies. I am not an employee of Shockey. I have not been paid
by anyone to be here or to make this statement. I have nothing to gain financially from this re-
zoning yet as a resident of Stephenson, I have everything to lose. Many of the sections ofthis latest
proffer statement are unenforceable, vague, and filled with very weak wording. They provide no
assurance to the community of Stephenson that our major complaints or our concerns have been, or
ever will be, sufficiently and directly addressed. Of course, the paramount reason for the denial of
this re-zoning application is that it would be located in a residential community and would, therefore,
create severe hardship for my immediate residence. These problems include traffic safety and
congestion and clean and sufficient water supplies among many of their local problems. First is the
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issue of the uses of the industrial park. We still do not know what types of businesses will be
locating here. The elimination of eight forms of industry is ludicrous. The businesses that still could
be allowed under M-l in Frederick County are not benign nor compatible with residential housing.
Second, under the Section of Access, the wording is consistently loose and open for interpretation.
We the citizens of Stephenson deserve clear limits and protection. Third, protecting developmentally
sensitive areas is an oxymoron, when rail spurs, underground utilities and well drilling will occur
on these protected sites. Fourth, the Section on Buffering is, as has been previously, inadequate and
will not mitigate for many years the residents' views nor will it ever reduce the noise sufficiently or
take the odor of industrialization away from our homes. Fifth is the issue of sewer service. It is not
wanted by the majority of the residents. I have spoken, and walked up and down the streets, and
talked to those residents one by one. So have my neighbors. But perhaps more importantly is that
service is cost prohibitive for most of those residents. $2,500.00 will not cover the complete cost
for sewer and water hookup and I doubt ifthe survey done in 1989 ifthose people would have been
willing to trade sewer for industry in their backyard. Fire and rescue problems... They are grossly
insufficient for the scope of this project. I could go on but with the storm water management and
the value of appraisals, you can get an appraisal to do whatever you want it to do. I could go on but
I won't. It is not in the best interest of Frederick County or for the residents of our community to
grant Crider & Shockey the ability to desolate and ruin our lives and the community for his corporate
profit. This project is not wanted or welcomed by the majority and the residents of our community.
Common sense should prevail. Industry does not belong in the center of Stephenson with the
residents and citizens paying daily for this inappropriate use ofland. Vote no to this application and
protect my community. Thank you.
MR. SHICKLE: Next.
MR. RILEY: Kevin Daugherty.
SPEAKER: She speaks for the community!
MR. SHICKLE: Sir, one more outbreak and I'm going to ask you to leave.
MR. DAUGHERTY: Good evening. My name is Kevin Daugherty and I moved to
Frederick County in 1984 and lived in the Gainesboro District for sixteen years until June oflast
year. I currently live in the City of Winchester. I continue to attend church in Gainesboro and I'm
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also employed in Frederick County. I had the good fortune to grow up as the son of a diplomat. My
father represented the United States in various foreign countries affording his children the
opportunity to live in parts of the world that most children could only dream about. We lived
through many changes of governments as we moved from one country to another. More often than
not, the new governments assumed power through fraudulent elections or the use of military power.
I remember a conversation with my father the day after a civilian government was overthrown in a
military coup. We weren't allowed to go out ofthe house for fear of violence and I was scared and
confused. My father explained to me that a few very wealthy and powerful men controlled the
country and that the majority of the people in the country had no say in how it was run and he told
me how lucky I am because we're American and we don't do that in our country. I tell you because
I want you to understand how strongly I feel about the proposal under consideration tonight. On the
one side ofthe issue we find Mr. Shockey, the employees of his company, the affiliated businesses
that stand to gain financially if this re-zoning is approved and there are those that claim that we must
build this industrial park to maintain our tax base and to minimize future tax increases. The
motivation for all of the people on this side ofthe issue is purely financial. On the other side, we
find the various citizens groups, the preservationists, the reenactors, those concerned about our water
supply and air quality, mothers concerned for the safety of their children and a community soon to
be overwhelmed with industrial truck traffic and families concerned about the deterioration in their
lives which will surely occur if this industrial park is built. This group includes many citizens of
Frederick County and the population of Stephenson. They have come to the public hearings and
made their stance in opposition to this proposal imminently clear. In our Declaration of
Independence, Thomas Jefferson wrote that we hold these truths to be self-evident. That all men all
created equal. That they are endowed by their Creator with certain unalienable rights. He went on
to say that to secure these rights, governments are instituted among men deriving their just powers
from the consent of the governed. These are the words on which we base our democracy. No one
in this country has the right to impose his will on the majority without their consent. This
government does not have the consent ofthe governed to authorize this industrial park. I believe that
when this issue finally comes to a vote, you won't disenfranchise the citizens of Stephenson and
Frederick County. I believe you won't make a mockery of our Declaration ofIndependence and our
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system of government. I am confident you'll do the right and honorable thing in the eyes of God and
the people of this County and you'll vote no on this proposal. Thank you.
MR. RILEY: Rob Wilson.
MR. SHICKLE: Ladies and gentlemen. Again, I would ask you to please link your remarks
to the Revised Proffer Statement.
MR. WILSON: Good evening. My name is Rob Wilson. I'm a citizen ofthe Stonewall
District and tonight the people of Stonewall hope and pray these are the final arguments of this
extraordinary process. We believe the amended proffers presented to you tonight in many cases are
unenforceable or irrelevant. Covenants are not enforceable by the community or the County.
Covenants cannot be... or can be changed at any time. Third party carriers, truckers, and delivery
vehicles are not subject to covenants. Our neighborhood country roads will become a nightmare
with accidents, injury and deaths being the result. Nothing Mr. Shockey says he will do can change
this reality. Build it and they will come. Period. Contrary to the image being conjured up, Mr.
Shockey is not the sewer savior for the thousands of homes in and around Stephenson. He is
dangling a carrot in front of 44 homeowners in the form of a small contribution towards a huge
expense that most cannot afford regardless. Mr. Shockey has proffered to handle storm water
management by using the State's best management practices. How ironic this is. Let me remind you
that just prior to this re-zoning application being submitted, Mr. Shockey clear cut hundreds of acres
of Stephenson's dense forest and it was done under the guise of being a civil cultural activity as one
of the State's best management practices. The State Code allows one involved in civil culture to
circumvent local law and forebear the requirement to develop and submit a land disturbance and soil
erosion plan along with the requirement to obtain a permit and submit to the inspection process.
Civil culture is defined in Webster's as the management and cultivation of forests. That is not the
activity that took place. Indeed, no plan was developed. No permit obtained. No inspections made.
Worst of all, no efforts were made to control erosion. No sediment traps, no silt fences, no collector
ponds, no ambient air monitoring, nothing. They just whacked down the forest and left. There are
three tributaries running through this land that eventually feed into the Opequon Creek. All have
undoubtedly been impacted by this activity. So much for the best management practices and so
much for being a good neighbor. Also, keep in mind. Mr. Shockey certainly made some serious
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money harvesting so much hardwood timber. Likely enough to cover all ofthe costs he has incurred
through the application process with plenty left over.
MR. SHICKLE: Sir, your time's up.
MR. WILSON: Please end this process tonight. Thank you.
MR. RILEY: Mr. Giraytys.
MR. GIRA YTYS: Mr. Chairman. Members of the Board. My name is Jim Giraytys. I'll
speak to proffer K. I'm here this evening both as a registered voter living in Back Creek District and
a member of the Board of the Opequon Watershed. I have no dealings with Shockey. I'm not an
employee of Shockey. I have not been paid by anyone to make this presentation and I have nothing
to gain financially. The President of TOW, the Opequon Watershed, sent you a letter on 30 July
outlining our opposition to the re-zoning. The new proffers, particularly proffer K, still does not
address our main concern. There are no adequate protection safeguards for the Opequon Watershed
that will prevent it from being further impaired. Proffer K speaks to the fact that storm water
management will be implemented in natural, low-lying and ravined areas. There are no proffers for
pollution, by the way. Neither the proffer nor the best management practices it cites are adequate
protection. The best management practices are guidelines, not requirements, regardless of their
acceptance Statewide. We just heard that point made by the previous speaker. The proffer for storm
water management can be changed through future Board action should the Shockey Company or any
developer on that site find it too expensive to provide for its storm water management. The Opequon
is already one ofthe most self-willed... sorry... One ofthe most impaired streams in the State. Silt
and manmade pollution are two ofthe main causes. Because of your poor stewardship, the Board,
of the streams like the Opequon, and you've been criticized by the State for not doing enough...
Because of that poor stewardship, we are not reassured that the Board, given its poor track record
and the fact that there are no County standards that you could uphold, will enforce the storm water
management proffer should the Shockey Company wish it to be changed. The decision you make
will signal how the Board deals with development in the face of diminishing natural resources,
water, clean water, ample water, recreational streams, historic sites, view sheds, rural neighborhoods.
The line in the sand has to be drawn someplace against irresponsible development and I consider this
to be irresponsible development. If it's to be drawn anywhere, why not here? Why not now? As
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the attorney for Mr. Shockey, I believe in process as well, but I do not believe that process trumps
common sense and just plain, good government. This is the wrong proposal on the wrong site. The
Board must vote no. If you don't, I believe, in my opinion, you'll abdicate your duty to all the
citizens. This is not a public site for sure, but I have to say, where are your...
MR. SHICKLE: Time's up. Thank you.
MR. GIRAYTYS: Thank you.
MR. RILEY: Dennis Kennedy.
MR. KENNEDY: Mr. Chairman. Members of the Board. My name is Dennis Kennedy.
I reside in the Gainesboro District. I spoke more than a month ago at the last public hearing. I
expected that to be the end of this issue. Ifwe're here again debating a proposal that is essentially
unchanged, I think most of us wonder why. Why indeed? It seems a rather cowardly course of
action to delay and delay again. And for what use? To allow Mr. Shockey to revise his rhetoric and
little but his rhetoric? To have Mr. Shockey cut one or two more potential land uses from his
proffers? At this rate, it will be another year or two before this is resolved. For Mr. Shockey,
apparently, sees only dollar signs. I see people who will be hurt by this industrial park. While Mr.
Shockey evidently thinks he's done his part, I see an unchanged proposal. The key concerns, the
pollution, congestion, water drain, poor planning, danger to the children and the elderly, destruction
of the historic site and undisclosed costs to taxpayers all remain. They will remain unresolved as
long as this proposal exists. The revised proffers are simply inadequate. What Shockey simply
cannot bear is that Stephenson is not the place for industry and no matter how many times he makes
a cosmetic revision to his proffers, he cannot erase that simple fact. Mr. Shockey might brand us
as many opponents as anti-growth. He may just as well call all of the County anti-growth. We all
know that this is a lie. Keeping an industrial park with its many dangers away from the residents
see it as common sense, not anti-growth. Mr. Shockey may call his actions thus far motivated by
a spirit of compromise. I call them a whitewash or as Sharon Boyd aptly put it, a smoke screen. I
call such action deceitful and grasping. I see no compromise. No real change. No desire to
negotiate with the residents. Residents who overwhelmingly oppose this proposal. Mr. Shockey
might fashion himself as the partner of choice, but I think few would want to work with a partner
who is not forthright, who conceals his true intentions for the land. Or maybe I've been
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misinterpreting the slogan. Maybe Shockey's real partners of choice sit on the Planning Commission
or even on the Board, itself. Maybe the partnership is totally about profit and nothing about the good
of the community. Because it's obvious that the residents, the taxpayers ofthis area...
MR. SHICKLE: Link your comments to the revised Proffer Statement, please.
MR. KENNEDY: I think I've been doing a pretty good job ofthat. And their concerns are
really important... Mr. Shockey, for months the people have spoken. There's no reason to delay
further. Public opinion is not going to change. I pray that tomorrow there will finally be a vote and
I hope that the Board will show themselves to be custodians of the power, the elected mouthpiece
of the people, rather than to arrogantly presume to know better on such an issue. Thank you.
MR. RILEY: Todd Shank.
MR. SHANK: Good evening. I'm Todd Shank. Gainesboro District. Members of the
Board. I'm in support ofthis and Ijust want to outline some things of why the proffers that are being
offered make this a good re-zoning. The re-zoning of this land is consistent with the Frederick
County Comprehensive Plan. Re-zoning is only a process. It must be followed to accomplish the
end use consistent with the Compo Plan. The applicant has shown willingness to compromise the
original plans and seeks solutions to the few problems that have been pointed out by those opposed.
The applicant has offered assistance to local citizens to help solve problems with failing septic
systems if this request is approved. The County is in need of a greater percent of tax revenue from
industrial and commercial sources to help balance out the cost of new schools and other County
infrastructure. If efforts like this to attract new business are halted by people who are just opposed
to growth, citizens will feel the effect on their wallets in the near future. Number Five. Addressing
the history. People are assuming that ifthis industrial site is built, it will ruin the historic site. I feel
they are wrong for several reasons. No one even considered this site before it was listed for re-
zoning. Now, everyone is studying its historical significance. Since everyone was ignorant before,
as was so eloquently pointed out by the opposition, I'd say that this educational process for ignorant
people like me has been a positive thing. Obviously, those opposed to this re-zoning have long
admired and studied the valuable history of this small tract of land. I guess Professor Robertson's
Civil War class at Virginia Tech just failed to cover the overall impact of the Stephenson's Depot
on the Civil War or Ijust missed that part. Ifthis property is developed into an industrial site with
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the acreage that's been offered as a historic conservation easement, this will be the first time that this
land will be open to enter and view and enjoy. If this property continues to remain in private
ownership as it has since the days of Lord Fairfax, it's highly unlikely that anyone would ever enjoy
the views from the ridge overlooking the actual area where most ofthe fighting occurred. This could
become a reality if the property is developed and should not be a consideration against it. People
have started to associate no change as the only means ofpreserving history. That is not the only way
or even the best way to preserve history. The best preservation of history is to preserve the event
in the minds of those who are still living. Old photographs, articles, memoirs, artifacts, those that
are available for daily public viewing do a much better j ob of preserving a historical event. Property
does not and should not need to be fully condemned to accomplish this. Mr. Shockey has offered
to protect the most sensitive areas in the property and allow for this type of growth basin to exist.
The roads in D.C. were brick and dirt 200 years ago. Should we be lobbying Congress to restore this
condition for the good of the country? I don't think so. Thank you.
MR. RILEY: Robert Solenberger.
MR. SOLENBERGER: Chairman Shickle. Members of the Board of Supervisors. My
name is Robert Solenberger. I'm a resident ofthe Gainesboro District. I'm not associated with the
Shockey Industries. I do not own land in that area. There are three points I'd like to bring out here.
Also, I serve on the EDC and I realize the importance of industrial land for the Frederick County tax
base. I've said this before and I'll re-emphasize the point why I oppose this location for an industrial
park. The infrastructure. Roads. They are not there. It would take more than two turn lanes and
a signal to correct the traffic which will be generated by this industrial park. The figure they have
is 6,000 vehicles per day. Once that's done, they will do additional improvements to the
infrastructure. Well, you've got to realize, this park will take ten to twenty years to build out and the
rest of the area is not going to stay stagnant, so there's going to be growth. What needs to be done
is a proposed connector road which was... said it would be put in when 6,000. That needs to be
done right now. That park needs an entrance to a high-traffic road. It needs Route II right to the
interchange, right off the Duncan property. That needs to be done now. To me, that's what needs
to be proffered, not two turn signals and a traffic light. Don Shockey... I've know Don for years.
He's good. What he says he's going to do, he will do, you know, but you've got to realize, this
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property can be sold. You know, once you've got the zoning it's merchandise. It... It... It's... It's...
It's good property. I'm not saying that he will do it and I think it's very obvious that the people are
against it. Thank you.
MR. RILEY: Raymond Fish.
MR. FISH: Members of the Board. Ladies and gentlemen. My name is Raymond Fish.
I'm a resident of Gainesboro District. You've heard this matter debated up one side and down the
other until you must be getting sick of hearing about it. Some of it, the truth. Some of it, halftruth.
Much of it, no truth at all. There's not much left to be said that hasn't already been said so I'll be
brief. This County needs industry. What we are likely to get, if you reject this re-zoning, is more
rows and rows of houses. Houses are an extra tax liability to the tune of 45 cents for every dollar
of residential tax collected. Let us look for a moment at what Frederick County might look like in
20 or 30 years ifthis re-zoning is rejected. Population 100,000 plus or minus. School buildings,
probably ten more. Sheriffs Department, maybe 200 people. Fire and rescue squad, eight to ten
companies. Property taxes over $1.00 per hundred such as they now have in Loudoun County.
Traffic, unimaginable unless you've been down in Fairfax County lately. Crime, too scary to even
think about. And when all of this has taken place, when the last apple tree has been bulldozed to
make room for yet another house, and when the last corn field is paved over for another parking lot,
and when the last of our freedoms are taken away by a big, socialist governntent, our children and
grandchildren will look back and say, what happened to our beautiful Shenandoah Valley. The
Board of Supervisors, back at the beginning ofthis century, they will say, could have prevented this
ifthey had had the courage. Otherwise, this beautiful place, this daughter ofthe stars, as the Indians
called it, will have become the illegitimate child of urban blight. Thank you.
MR. SHICKLE: Ladies and gentlemen, we've had two speakers now where the Chairman
had a great deal of difficulty linking what was said to the revised proffers. Please do so. Next
speaker.
MR. RILEY: Patricia Kuhn.
MS. KUHN: I'm Patricia Kuhn. I live in the Stonewall District. I live not far from the
Shockey property. I don't work for Shockey and my husband doesn't work for Shockey. Weare just
individuals that live there and moved there. I want to discuss this 6,000 vehicles that they're talking
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about and these turn lanes. How are these going to help our fire and rescue squad when they need
to get through. How is all this extra traffic going to help our fire and rescue squad when we need
a new truck and he's proffering $20,000.00 for whatever. How is this going to help our people and
how many people are going to be hurt with all this traffic? Our children are on these roads all winter
long on school buses and you're talking 6,000 more vehicles. Go down there at fair time and look
at the traffic. I tried to get out on Route 11 off of Stephenson Road which is very close to Old
Charles Town if you've been there. It's backed up way past Wampler's Trailer Court. Now, you add
6,000 vehicles to that and tell me that this is going to be a safe situation for the people of
Stephenson. It's not. It's the wrong location at the wrong time. It doesn't belong there. Thank you.
MR. RILEY: Bessie Solenberger.
MS. SOLENBERGER: Chairman Shickle and Members of the Board. I'm Bessie
Solenberger and I reside in Gainesboro District. I'm a registered voter there and I am a member of
the Frederick County HRAB. I have nothing to gain financially by opposing this, however, I am
very concerned about the battlefield down there and the proffer for this small... I appreciate their
effort in setting aside this small place to interpret that battle, but I feel that this is inadequate. It's...
It's.... It's... I don't know. It just didn't say how large it was but it looked very small. I can't see
very well but I think it was a very small thing. Anyway, ifthere was ever any doubt that this was
important to our national history, O. Jim Lifehauser, president of the Civil War Preservation Trust
was here, I guess it was last week, when they started the preservation of historic Milburn and
Stephenson Depot, that non-profit group that's doing all they can to save it. He was here. He came
from Washington and he said that Frederick County, Virginia has more historic Civil War sites than
any county in the country. I thought, wow. And this was one of them. And they're willing to help
any way they can, financially and whatever... They've already spent, I don't know, a million or so
dollars buying property in Frederick County and they say it's of national importance and I think we
need to be aware ofthat and I'm sure you probably are but Ijust wanted to reiterate. And, I would
just say... Why don't we consider tourism to get some of the dollars we need to balance out the
housing that seems to have to come. We're getting new museums. Glen Bumie's putting in a big
one. The Patsy Cline, the Civil War relics and all that is going in the Courthouse. There's just so
many things happening right now. The Civil War... What do they call... The Shenandoah Valley
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Battlefields Commission is doing a cluster where they're trying to get areas started to... in helping
these battlefields. All ofthis is happening. The people with Civil War interest and time come and
they stay longer and they spend more money than most other places and I say let's give them another
place to come, and stay, and spend another day eating in our restaurants, and staying in our hotels
and motels. Get some oftheir clean money and let them go home. And I please... I beg you to vote
no. Not to re-zone this. Thank you very much.
MR. RILEY: David Heard.
MR. HEARD: Members of the Board. My name is David Heard and I'm a resident of the
Stonewall District, Opequon Ridge III Subdivision. I am once again before you to ask you to vote
no on the re-zoning proposal. In the time I have this evening, I cannot adequately cover the reasons
I feel that Mr. Shockey has made little or no progress in mitigating the objections which have been
raised. I would like to address the Board directly, ifI may, and I bear your indulgence, please. First,
Mr. Shickle. You, sir, have been a principal behind this project from the very beginning. Six years
or so ago. You have helped design the map that we now see as the industrial opportunity area and
the Comprehensive Plan that was, up until a year ago, we didn't... citizens know what the real use
might become, but you were important behind that. It's been suggested, maybe unfairly, that your
role as a supervisor is in conflict with your career as treasurer of Shenandoah University.
MR. SHICKLE: You are to address the revised proffers. That's what the public hearing
IS on.
MR. HEARD: I asked your indulgence for my three minutes.
MR. SHICKLE: It will not be allowed. Please address the...
SPEAKER: He is not finished.
MR. HEARD: All right. I will only say two things then. First, I commend four of the
members of this Board of Directors for their actions in regards to this particular issue. To those of
you who have expressed strong reservations, I applaud you. To the others, I would implore you to
reject this request forever ifpossible. In any case, do it now to allow time for the air to clear and for
the errors to be corrected. Now, for the planning process to be put on a clear and balanced path of
reasoned growth, stand above the shadow that's been cast by Mr. Shickle and Mr. Orndoff...
MR. SHICKLE: Sir, that's...
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MR. HEARD: ...and act in our behalf as citizens. Thank you for your time, sir. I appreciate
it.
MR. RILEY: Kathleen White.
MS. WHITE: Good evening, Chairman Shickle and Board. My name is Kathleen White
and I reside in Back Creek District and I am, of course, not employed at the Shockey Company and
don't stand financially to gain... In fact, I've lost quite a bit of money, I'm sure by being in
opposition here for many reasons. I'm here to talk about the developmentally sensitive area.
Number C on the proffer statement. Quickly I want to read what this says and I want everybody to
pay attention. This part about a comprehensive planning Code, 1 mean, this is part of the
Comprehensive Plan so whether it be Mr. Shockey or anybody else, this is what they have to comply
by for the 32 acres that will be supposedly historically preserved. Development sensitive areas
outlined on the Northeast land use study as adopted by the Frederick County Board of Supervisors
last September 27th, specifically in the area adjacent to Milburn Road and lying on the subject
property, and it gives you the tax map...map parcel, is hereby restricted by a permanent easement...
easement from the use of industrial and commercial enterprises. This easement restriction will not
prohibit development of infrastructure such as rail access, underground utilities or any credit
allowance for zoning district buffers. That's stated in our Comprehensive Land Use Plan so I want
you all to realize that the 32 acres that Shockey is giving to us have to be given if our
Comprehensive Land Use Plan is valid so we appreciate him recognizing the Comprehensive Land
Use Plan, but that's all he's doing. Now, this... As far as this area that will be... What is it called?
The interpretive site and parking. It looks like it may be a little bit larger than half the size of the
Milburn Cemetery and I think that that's a start. I do think that the traffic issue is horrendous and
with the ingress and egress to go on into the park and, of course, we're going to maybe see another
road at 6,000 trips, but say we just widen Old Charles Town Road like is the or as part of that
statement. The ingress and egress, you can have 10,000 vehicles coming in and out of one area per
day, that's 416 vehicles an hour, 7 vehicles a minute, and the tourists are supposed to enter and exit
that same site and be able to stand there and appreciate the battlefield area with the roar of vehicles
behind them. So let's look at what we have here. What we have is a very valuable historic site.
Let's give it some time to raise the money and try to purchase it from Mr. Shockey. We do know
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we have the ability to do that. We're pledging that we will work in earnest to be able to find the
money for this so that he doesn't have to donate it in the easement, but, again, let's talk about what
we need to do and that is to say no tonight. Give us a chance to work a little bit harder as I've done
with Fort Collier. We're about 30,000 from buying that site and we can do it here, too. Thank you
very much.
MR. SHICKLE: Next speaker.
MR. RILEY: Brandon Kuhn.
MR. KUHN: I'm Brandon Kuhn of the Stonewall District. I'm not a Shockey employee.
My dad is not and my mom is not. I'm 15 years old and an upcoming sophomore at James Wood
High School. I feel that the future of Frederick County, the children, should not have... or should
have a voice in this proposal as well as the adults. Being only 15, I'm not able to drive or vote. I
have a limited amount oftime and I got close to 100 signatures from children. All ofthe children
that have signed have told me this is not right. They love that land. They love watching the deer,
the rabbits and birds. If you vote yes, you will not only be endangering the children, but you will
be endangering the lives of everyone with the influx of traffic from the industrial park. On Route
11 or school buses on their way to any surrounding schools. So, basically, on that point, you need
to vote no. On another reason to vote no, is you could be changing the lives and futures for the
worst. Just look at the classifieds today. Today's ads, 200 plus help wanted ads. Is that not enough
for people to be working ifthey needed to work? And who says we wanted to stay here and work
here. If we wanted to live and work in a place like Loudoun County, we would move there and work
there. We would not travel if we did not have to. And I'm sure that the children that signed this
petition do not want to live here or work here either after this happens. So, I'm saying, in closing,
to the Board, that this is not the location nor the time for a project of this size and magnitude. I'm
now going to hand you the petition that was signed by all the children in Stephenson and
surrounding areas.
MR. SHICKLE: Next speaker, please.
MR. RILEY: Paul Blaker.
MR. BLAKER: Good evening. My name is Paul Blaker and I live in the Shawnee District.
I'm a candidate for the House of Delegates here in Frederick County and Winchester. I'd like to
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speak out in opposition to this proposed re-zoning. I have been carefully looking through the
proffers of the last few days, the revised proffers, and I don't see where our serious concerns have
been dealt with including traffic concerns, drainage, property values, the underground water supply,
pollution and most importantly the breadth of that historic battlefield. A few little pieces, but not
the whole thing. There are a lot of folks here that are experts that can speak to that. But, instead,
I'd like to make a point here that I don't think anybody is here to demonize Mr. Shockey. I think that
his family, his business has built a lot of good projects in this area. We've got the Bowman Library
that we dedicatedjust last month and a lot of other good projects. I think they're going to be building
the new high school coming up here pretty soon and, you know, I think that... I look forward to
these good projects. But Ijust believe that this particular project is ill-conceived and in the wrong
location and it's okay to vote no on this and still respect Mr. Shockey and all of his good work
throughout the rest of the County and that's important. By the same token, I think it's equally
important that we not demonize the folks ofthe FCDCC. I think that they have done a good job of
representing what they think is important and you have to bear in mind that they don't stand to gain
financially. Now, some ofthe people that live in Stephenson, you know, they're worried about their
properties and I can understand that, but a lot of the folks in the FCDCC, they don't stand to gain
anything...
MR. SHICKLE: Sir, you really do need to relate to the revised proffer statement.
MR. BLAKER: Okay. Well, what I'm asking for, I think, is that this Board recognize the
good work that both sides have done and that not everyone here is trying to demonize each other and
that voting no is okay for this and that at the end of the day, we'll have a better County that way.
Thank you very much.
MR. RILEY: Brett Boyd.
MR. BOYD: My name is Brett Boyd and I live in the Gainesboro District. Ms. Douglas,
gentlemen. I would like to address the traffic proffers. First, Frederick County Code 165-12 states
impact shall assume maximum density or intensity of development. There are two requirements to
insure accuracy ofthis count. One, it must meet VDOT's specifications for study and two, it must
be statistically valid. I have one question. Should the applicant conduct and provide the traffic
study? It's simple. Where do you think the applicant's interest would lie to compile that study. We
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must use VDOT's original numbers of25,000 to meet the Frederick County Code 165-12 and insure
accuracy. However, let's assume the Shockey number... numbers are correct. How can you
compare the traffic numbers that Fort Collier has to the Shockey Park considering there are five
different arteries to enter Fort Collier and only one for the Shockey Park. Fort Collier routes are
Park Center Drive, Fort Collier Road, York Road, Baker Lane and Brick Kiln Road. The proffer
states that another access will be made available connecting to U.S. Route 11 as designated by the
Comprehensive Plan or improvement will be made by the applicant along Old Charles Town Road.
The key word, as has been pointed out earlier, is or. The applicant does not have any obligations for
a second entrance on Route 11. This would put the same number of vehicles from Fort Collier with
five roads into one. This makes for an increase on Old Charles Town Road of 425 percent if you
use the Shockey numbers. The original VDOT numbers would be 948 percent. Additionally, our
Frederick County Comprehensive Policy states it will not be acceptable for roads or intersections
that are operating at a level of service A to deteriorate to a C level over relatively short periods of
time as a result of traffic generated from a single development. Route 11 is currently operating, as
you know, at level A. This proffer is not acceptable. These roads are not conducive for the numbers
this park would bring, the traffic count is not in compliance with the Frederick County policies and
Codes, the Frederick County citizens have clearly stated no to this park. I ask you to make it right
for the voters and our quality of life. Say no to the Shockey park.
MR. SHICKLE: Your time's up.
MR. RILEY: Sharon Boyd.
MS. BOYD: Could I ask Mr. Tierney to distribute these to our Board of Supervisors.
There's six packages.
MR. SHICKLE: Sharon, please hurry... Your time's running.
MS. BOYD: Not until these are distributed. Please. And if you could, please pull that map
out. Good evening. I'm Sharon Boyd, and I'm from the Gainesboro District. I have heard here
tonight that the citizens of Stephenson need sewer. Mr. Goode reported in a press release dated
August 6,2001, just yesterday, and I quote, the ongoing health risks facing Stephenson's residents
due to poor septic systems creates an urgency for development ofthe project. I have with me and
you have a copy of a report acquired from the Environmental Health Department provided under the
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Freedom of Information Act, dated today. It is addressed to me and it states and I quote, you
requested information from the Frederick County Health Department files pertaining to any actual
failures of existing sewer and disposal systems and complaints related to sewage disposal systems.
The time period to be searched was specific as to year. All properties identified as Frederick County
tax map red 44 were searched for this request. The results were, no information pertaining to septic
system failures or complaints were found in the area. Gentlemen, if you'll look over here. This is
tax map red 44. It encompasses 4,095 acres. It was provided to me by the Planning Department and
I repeat tax map red 44,4,095 acres, there are no reports or information pertaining to septic systems
and failures or complaints. They were not found. This report clearly documents to me that the
allegations made that there's a need for sewer for the residents is not subs... substantiated and is
fabricated. There is no need. Additionally, I attended the Sanitation Authority meeting last month
and it was stated there that there was need to get sewer to Stephenson because there were people who
wanted to industrialize their land and they needed sewer. Never once was it mentioned in that
meeting the desires for the needs for the residents of that community, only the need for the people
who wanted to industrialize their land. That is the catalyst for this sewer, not the residents of the
community. Additionally, I have a map for view of Fort Collier which documents what Mr. Boyd
said. There are literally dozens of entrances and exits, not one, not two, many. We cannot put the
same amount oftraffic into one artillery route as we have for these. Further, I have requested from
VDOT again, the Information Act, the Freedom ofInformation Act, I have requested the accident
reports of the vicinity of the industrial area. This is what I was supplied with. I ask you with road
impact and increases...
MR. SHICKLE: Time's up.
MS. BOYD: ...of948 percent, can we expect that in the future?
MR. SHICKLE: Next speaker, please.
MR. RILEY: Kevin Kennedy.
MS. BOYD: And I'd like to submit these.
MR. KENNEDY: Mr. Chairman. Members ofthe Board. I'm Kevin Kennedy, president
ofthe Gainesboro District. I want to thank you, again, for continuing to have these public meetings
on this very important issue. I would ask that you listen to what people have to say. I truly believe
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that people are here on both sides out of sincere interest and that whether it's called new information
or not, it's very strongly felt. My family will not be directly affected by the project living where we
are, but it's something that will indirectly affect us and all County residents even with the new
proffers that have been made. I'm an interested observer, I continue to be, of the whole County
process. Ijust wanted to make a couple of comments. First of all, who wants this project? Well,
you have a developer, his employees, some friends, some people who stand to profit from it. It looks
like most of these people here tonight. On the other side, you have thousands, thousands of residents
who are going to be directly affected from the area. Then you have thousands of other County
residents who are going to be indirectly affected and you can't very much doubt this. It's my
observation this issue is not going to go away until it's rejected. People don't want it. A few
individuals want it, but the people don't want it. And even if you buy the argument that this project
is needed, you know, somewhere for some reason, then put it somewhere else, you know. Not here.
Not now. The second point, briefly, about water. This has been touched on by other people, but it's
an important issue. We all depend on drinking water and I guess, I can't picture having my home
near here having these 500,000 gallons a day pumped out of an aquifer that is also going to tie into
my well. I don't think you'd want that, either. Who's going to pay for the cost to drill new wells
when that time comes for the rest of us? I can see my time is running out so I'll just stop before you
have to tell me, Mr. Shickle, but I appreciate being heard.
MR. RILEY: Sam Layman.
MR. LAYMAN: I'm Sam Layman from Back Creek District and I'm not an employee of
the Shockey Companies and have nothing special to gain on this. I live a long way from this
development, but I'm still concerned a lot about it. I'm in the same voting and taxing jurisdiction.
I've examined these adjusted proffers and there are several things that strike me. Mr. Hanes spoke
of credibility, but this park's water needs, traffic, impermeable area that's going to run offthe oil into
the Opequon Creek and the fiscal impact estimate have all changed. It seems to me strange to have
so many changes in such a large and expensive plan that 1... I believe that the fiscal impact of the
revised proffers are slightly worse for the taxpayers of Frederick County than the original proffers
were. And I believe those were bad. I believe that if one-sixteenth of the employees of that park
were to live in Frederick County and one-sixteenth of the ancillary employees, those service
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employees that would come with the basic job employees... If those together, one-eighth, ofthe total
employees and ancillary employees were to live in Frederick County, that park would now break
even. But if any more than one-eighth... If all those people lived in Frederick County, we would
lose money. I suspect more like three-fourths or seven-eighths would live in Frederick County and
we would lose a lot of money. I want to thank this Board for one change in these amended proffers
and that is on the sign-up sheet, you asked us to list our magisterial jurisdiction. Thank you so
much, Board, for recognizing that. I think not only you should know who's talking to you, but the
people in the audience should know ifthe person talking is a property owner in this tax jurisdiction.
Thank you a lot.
MR. SHICKLE: Next speaker.
MR. RILEY: I'm not pronouncing this last name correctly. It's Noah Marisom?
MR. MARKHAM: Noah Markham for the record. I usually take anything close. Mr.
Chairman. Members of the Board. I'm here tonight representing the Civil War Preservation Trust
and we ask that you deny the re-zoning. The Civil War Preservation Trust is America's largest
battlefield preservation organization with over 35,000 members nationally including many here...
Right here in Frederick County and Winchester. What we do is buy land from willing sellers in
preserving the battlefield land because as many people know, land is the most tangible link left to
our Civil War heritage. You can read numerous accounts of the battle and many memoirs, but you
never get a feeling until you stand on the land what really happened there. I'm also here tonight...
Our organization is here as a property owner in Frederick County that stands to be impacted
adversely by this re-zoning. In addition to owning land outright, we've contributed hundreds of
thousands of dollars to other battlefield acquisitions. What all this means is that Frederick County
had serious battlefield resources and the Civil War Preservation Trust is serious about investing in
Frederick County's area's tourism economy. The proffers submitted by the applicant for the
battlefield preservation are wholly inadequate. No tourist would come to see 32 acres bisected by
a rail line. The noise oftraffic generated by this re-zoning will adversely impact our 2 million dollar
investment just to the south. I don't have the contention ofthe applicant's appraiser with regard to
property values in the area, but what I can tell you and what I can document is that property values...
Values of properties adjacent to preserved open space increase and battlefields are preserved open
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space. Again, the Civil War Preservation Trust asks that this re-zoning be denied. We implore you
to use the Stephenson area to grow your economic base through heritage tourism. Other areas are
available and appropriate for industrial use. The Civil War Preservation Trust has and is prepared
to invest in Frederick County. Hopefully we will have the opportunity to do so in the future. Thank
you.
MR. SHICKLE: Next speaker.
MR. RILEY: Yes, sir
SPEAKER: I attended the very first Planning Commission back in October and I sat in
stunned amazement when this project was first described to me and I was an early speaker and just
as an attention grabber, I said, there's a bomb going off in my back yard and I think the result is
pretty obvious. What's been going on in the papers, what's been going on in these meetings. There
is a bomb going offin this County and it is going off in my backyard and, as I stated, in everyone
else's. I've looked at tonight's proffers, just as I've looked at all the other proffers, and all of Mr.
Shockey's other statements. I've always stated that I'm a proud resident of Stephenson, Stonewall
District. I believe in representing myself honestly and what I stand for. I think everyone in the area
has also done that as they've looked at these proffers and they've studied them, and you've heard
where they're from and where they stand for in a very open, non-deceptive, very clear manner. I was
shocked the other day when I opened up the Saturday newspaper and the commentary section was
a concerned citizen speaking out, Shockey project is a quality of life issue. He was all for it. He
referred me over to a letter on A6. Ridiculed the dickens out of people I feel have really fought hard,
honestly to deal with this issue. Bring the issue to you. They brought you in personally. Gave you
the finest presentation I'm sure any of you have ever gotten in opposition to a developer. I think
we've been honest. The letters were signed by Dennis L. Hilgenfield and 10 and behold, I found out
that Mr. Hilgenfield was a... Why he's the vice president and general manager of the Shockey
Companies. I'm sorry. We have been honest. I'm...
MR. SHICKLE: Speak to the proffers, please.
SPEAKER: Okay. I'm speaking to the proffers. I'm hoping Mr. Shockey is honest and un-
deceptive in this and I wish his employees would be the same. Thank you, gentlemen.
MR. RILEY: Julie Ann Cochran.
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MS. COCHRAN: My apology. I didn't hear you call me. My name is Julie Ann Cochran
and I live in Stonewall District. And just for the record, we are not no-growth, we are smart growth.
With all the discussion ofthe traffic tonight, it is very apparent now that none of the vehicle counts
are accurate or valid because of so many changes being made so currently the citizens do not have
an idea of what kind of numbers of vehicles to expect and we're all talking about not only the truck
traffic but the employees who are working these places. The thing I am concerned about is the
proposed road improvement on the section of Charles Town Road going to Route 11 and this is...
It looks good. Okay? But what, as someone stated before, the truck drivers and the employees aren't
enforceable. What's to stop them from turning right out of that entrance off of Old Charles Town
Road and taking Jordan Springs Road and Woods Mill Road out to Route 7 to get to whatever route
they want to do it. Truck drivers aren't dumb. Okay? And once the traffic does start exceeding that
6,000, we're looking at a lot of numbers and they're going to try to avoid all of that traffic and I can
tell you they're going to start using those roads. We have no indication here that any ofthe rest of
Charles Town Road or Jordan Springs Road or Woods Mill Road are going to be improved and, I
can tell you that this is a frightening proposition to any parent with children in the school buses on
these roads that are not identified for improvement by Mr. Shockey and I don't know about you, but
I'm not comfortable with living in fear. Thank you.
MR. RILEY: David Fitzgerald.
MR. SHICKLE: One more time, Mr. Riley.
MR. RILEY: David Fitzgerald. It says he has a city address.
MR. SHICKLE: Next name, Mr. Riley.
MR. RILEY: Laura Thomas, Opequon District.
MS. THOMAS: My name is Laura Thomas and I am from the Opequon District. I have
an upcoming fourth year at the University of Virginia where I am majoring in government. I have
observed this process and the example of how government works and it has been very informative.
However, I have been very disappointed at how supposed adults have conducted themselves. We
are very fortunate in this Country to have the privilege offree speech. However, that privilege does
not give someone...
MR. SHICKLE: Please direct your comments to the revised proffers.
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MS. THOMAS: If these proffers are rationally analyzed, one can easily see the many
opportunities it will provide for the residents of Frederick County. I request that you vote for the
good of all the citizens and vote yes for the proposal.
MR. RILEY: Alan Boyd.
MR. BOYD: Mr. Chairman and Board. My name is Alan Boyd. I live in the Back Creek
District. I know as you all sit up there you can see a lot of yes and no signs but I'd like to just cover
a couple yes and no facts. Yes, as a matter of fact, I am employed at Shockey Companies. Have
been for 30 years. No, as a matter of fact, I'm not being paid to be here and I'm speaking my own
mind. And yes, I'm 53 years old. I've livcd in Frederick County all my life and paid taxes since I
was sixteen. And no, I am not in favor of all development. This development with the changes that
have been made by dropping the M-2 zoning and the amended proffers makes sense to me. It's a
much more desirable use of this land and I think it's more beneficial to the residents of the area.
Some of the things that this land could be used for without even re-zoning such as intensive farming,
5 acre lots. These folks should think about that. I live in a 5 acre lot deal and it ain't no fun. You
got 4-wheelers running all over you. People have no respect for other people's property.
MR. SHICKLE: Ladies and gentlemen, quiet please.
MR. BOYD: I knew I'd probably hear... I knew I'd probably hear some ofthat.
SPEAKER: Would you enforce the...
MR. SHICKLE: Pardon me. If you just made a rude remark, would you please stand up.
SPEAKER: This isn't a bankrupt meeting.
MR. SHICKLE: Then would you leave, sir. You just made a rude remark. You can leave.
Please leave, sir.
SPEAKER: Thank you.
MR. SHICKLE: No sir. I'd like for you to leave. Continue, sir.
MR. BOYD: The 20,000 proffer to the fire department. Some people think that's a little
light. But all of our fire departments are volunteer and when they have a boot drive, where do they
get their most money from? I'm sure it comes from the business and industry that they've served.
We all know how taxes work. The residential versus the industrial, commercial. I make 14 house
payments a year. Twelve of them to the mortgage company, two of them to the Treasurer of
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Frederick County.
MR. SHICKLE: Sir, you need to tie this to the proffers.
MR. BOYD: Okay. I'll close it out and just say I'd like to urge you to vote on the facts and
not on emotions and vote for what's best for all of Frederick County and vote yes.
MR. RILEY: Diane Collette.
MS. COLLETTE: Hello. My name is Diane Collette. I am in the Stonewall District. I live
on Old Charles Town Road in Stephenson. The two... Well, the one proffer that I will address is
the sewer and water. I appreciate the offer of the $2,500.00 made by the Shockey Companies,
however, that... It's already been stated. This does not cover the cost of putting sewer to my home.
Also, why is sewer in Stephenson contingent upon getting an industrial park? I understand that we're
getting sewer going up Route 81 to our supervisor's home, but there's no industry going in there.
Lastly, I'm reading numerous times in the paper how the Shockey Companies interviews the
residents of Old Charles Town Road. I live on Old Charles Town Road. Have for years. No one's
ever, from the Shockey Company, come and knocked on my door and asked me anything about
sewer, transportation, road conditions, how do I feel, nothing. The other issue which has been
addressed here is the water. I understand from reading in the paper that now we're going to buy
water from West Virginia coming from... into the north end of the County and we're going to buy
water from Warren County so it can come into the south end of the County. Well, if we're buying
all this water, isn't that going to kind of eat up our profit from the taxes that we're going to get from
this industrial park? It seems to me that it would be better to take care of what's already here instead
of continuing to deplete the system we have now. I urge you to vote no. I live there. I don't want
all this in my front yard. Thank you very much.
MR. RILEY: Jay Ketsel followed by Laurie King.
MR. SHICKLE: One more time, Mr. Riley.
MR. RILEY: Jay Ketsel.
MR. SHICKLE: Not here. Next name.
MR. RILEY: Next speaker, Laurie King.
MS. KING: Good evening. My name is Laurie King. I live in the Stonewall District. My
topic tonight is about the sewer and the $2,500.00 credit that Mr. Shockey offered the people. I
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talked to each... Well, of the 44, there were 35 names on the list that I called personally and talked
to that live on Old Charles Town Road. The majority of the people said they not only did not need
it, they did not want it, and as far as the $2,500.00 credit, it would be a drop in the bucket compared
to what it would cost them to hook up for sewer and water, by the way. But mostly the concerns of
the people there were that they had a feeling that their septics would be condemned and they would
be forced to go on sewer if this was put through. And they had other concerns because they've been
told that their property values would go up and their taxes would stay low ifthis industrial park went
through. And we know that's not true. They also had concerns about... A lot ofthem are retired and
on fixed incomes and there's no way that they can go on a sewer and also they were concerned that
they didn't stand a chance against big money and it didn't make any difference what they said or felt.
That they were going to be completely ignored. Most of them signed a no petition and this
information that I have was also given to Mr. Orndoff and either Mr. Shockey or Shockey's people
and there are people there that... They say that they don't know what to believe. I don't think they're
getting accurate information either to pcople or the supervisors and I think that you should consider
very seriously and carefully how you vote on this. We have an awful lot to lose, whereas some
people have an awful lot to gain. Thank you.
MR. RILEY: Bill King.
MR. KING: Good evening, Mr. Chairman, Supervisors, Staff. My name is Bill King. I live
in Stonewall. I'd like to briefly discuss Shockey's sewer proffer. F orty- four homeowners have been
offered $2,500.00 credit from Mr. Shockey. What does this mean practically speaking? Here's what
the Sanitation Authority says. It costs $3,250.00 to hook up. It costs $1,575.00 to run a lateral line.
That's $4,795.00. This does not include the cost of bringing the service from property line to house.
Estimates from Rickett's Construction, a local company, is $25.00 a foot. If you needed to bring the
line 75 feet from your property line to your house, it would cost another $1,875.00. That's
$6,670.00. Even taking off the $2,500.00 that Mr. Goode agrees to credit, the bill would still be
$4,170.00. Most people can't afford this and have indicated to my wife who just spoke, Laurie King,
that they do not want the sewer and overwhelmingly do not want the industrial center built there.
She has talked personally to almost every person on the list who's eligible for this trick. You have
to remember if you elect to hook up to the sewer service, you are also obligated to hook up to the
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water service and the water service is much more expensive than the sewer service. We're talking
about a lot of money here. I think you get the idea ofthe tremendous cost to the homeowner and we
really haven't mentioned the monthly cost of this service. Now, I sincerely believe that any
reasonable person would admit that there are tens ofthousands of Frederick County citizens opposed
to this industrial park built at this location. This has become a very contentious and divisive issue
among our citizens. I think we can resolve this issue if we just use a little common sense. I've been
in construction most of my life and I know that in any project, you have to have a good foundation.
The reason for the opposition to this plan is in the critical stages of planning, critical information
regarding the historical significance of this area was mistakenly omitted. Now, as I said, I've been
in construction most of my life and I certainly know that people make mistakes. If someone tells
me they've never made a mistake, I know they've just never done anything. So I think we have an
opportunity tonight to satisfy the concerns of the thousands of people who feel they're on the wrong
side of the bulldozer and we can also dispense with a painful lawsuit. After all...
MR. SHICKLE: Sir. Your time's up.
MR. KING: Okay. I'm sorry. I knew it was too long. Thank you.
MR. SHICKLE: Next speaker, please.
MR. RILEY: James Otts.
MR. OATES: Chairman of the Board. Members. My name is James Oates. I'm from the
Stonewall District. My family and I have lived in Stephenson for the past 15 years. For the record,
let it be known that I am not one who is opposed to change or development in Frederick County,
however, I do not agree with the proffers as stated and, therefore, I do oppose the re-zoning of the
property that is the subject of this hearing and I ask you to vote no. Thank you.
MR. RILEY: Mark Stivers.
MR. STIVERS: Mr. Chairman, I have exhibits that I would ask, in may, Mr. Tierney, to
be made part ofthe record as well as dispensed to each of the members of the Board. Mr. Chairman.
My name is Mark Stivers. Sorry, folks, I feel like I'm yelling. I am, along with a great many of my
community, opposed to this application for industry. And it really boils down to it's the wrong
location. There's been a great deal said about the mistake that was made in the Comprehensive
Planning process and you've known for a long time my sentiment on that. I was part of that process
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and I feel guilty for the fact that we missed it, but, under the circumstances, it doesn't make this
application any better. In three minutes it is not possible to recap the many substantive reasons that
I oppose this industrial application and I don't think it's necessary because I know you have a very
detailed understanding ofthe issues. I also want to express my appreciation to each of you. I know
what public service is, and I deeply appreciate the time that you spend away from your families in
the pursuit of a better Frederick County. I know that a great many of you have a vision for this
County that I'm very, very happy about and optimism in this County. Dr. Fish, I grew up and you
knew me as a kid. I'm sorry. I don't share the same vision. I don't think putting an industrial park
now in the Shenandoah Valley somehow will mitigate potential damage in the future. I think we
have a better vision. I also want to thank my community. This has been an extraordinary
experience, but I feel privileged to be counted as a neighbor and a friend. Now, let me turn to the
two proffers and exhibits. The first exhibit I've given you is ofthe standard industrial classification.
It shows that 2.1 percent ofM-I industry has been proffered out. That underscores many of the
questions that Mr. Sager was saying earlier, it also underscores what the planning department has
been saying all along. We need to know what's going to come in as opposed as to what's going to
be out. The North American Industrial Classification System now is 1,250 pages long and it has 350
new industries that have been added since 1987 alone. The power plants and the toxic chemicals and
the cements and the resins are still there under M-I and a few proffers miss the point.
The second thing. I want to talk about this so-called appraisal. Now, I'm going to suggest
to you that common sense applies here. I have an equally valued home in my left hand and my right.
The left home is in a good neighborhood, quiet. The right home next to an industrial park. Which
one are you going to buy? The last thing... You have a picture there of a truck that's going up Jordan
Springs Road. That is what it looks like on that particular passage. I ask that you vote no and thank
you.
MR. RILEY: Jerry Baker.
MR. BAKER: Members ofthe Board. My name's Jerry Baker. Opequon District. And I'd
like to take a few minutes to... for the record, clarify just a couple ofthings. Number 1. Yes, I, too,
am a Shockey employee. Number 2. I have not been paid nor will I profit in any way from making
any statements. However, as a member of a family who has resided in this community in Frederick
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County, Virginia for over 5 generations, I would say that we will be greatly affected by your decision
on this particular subject tonight. You see, this is about transition. The proffers mentioned today
are about transition. Approaching you with the best plan that you have ever been presented with
when it comes to a zoning of this nature. And that transition goes far back to my childhood and it
goes far back to the childhood of my father. And I've watched growth in this community and I want
to commend you for what you've done to protect it, but I also realize there's been mistakes made.
And I want to ask you to not make those mistakes again. In regards to traffic. It's common sense.
If a business moves into that industrial park, they're going to want proper access as well. If I'm a
tourist and I can't get in and out, that's really not as much of a big deal to me as if I've invested
millions of dollars and can't get in and out. If we look at life safety issues. I think that's a valid point
as well. The buildings that are constructed today have some ofthe best life safety systems bar none,
not to mention the stringent requirements placed upon these corporations by their insurance. It just
goes without saying that they will put in the best life safety support systems and with regards to EP A
standards, will look after the community's best interests. And sewer would be needed ifthat property
were sold to someone else and they decided to develop it into 5 acre lots. Wouldn't they want sewer
down there as well as water. I just ask you to make a good, conscious decision on behalf of the
people of Frederick County as a whole. And I realize that the majority of the people present tonight
are from that particular area, from the Stonewall District, and they live there. And I would be
concerned, too. Nobody wants something in their own backyard, but we have to look at our
community as a whole and I think this is probably the best plan that you will ever be presented with
and I want to encourage you to look at it with an open mind and really look at these proffers that
you've been given an opportunity to examine tonight. Thank you.
MR. RILEY: Mitchell Smith.
MR. SMITH: Mr. Chairman. Members of the Board. I'm Mitchell Smith. I live in the
Stonewall District. We have read in the paper and heard Mr. Shockey make statements that he has
talked to the people down this road and he has found very few that oppose it. Well, last week, I
made my own little survey. I went to 49 homes down the Charles Town Road and a portion of
Jordan Springs Road. I asked two questions. Did Mr. Shockey consult or speak to them about this
re-zoning request and are you in favor ofthe re-zoning request? Question 1. I got two people that
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said they were talked to. 47 noes. On the question are you in favor of this re-zoning request? Six
undecided, two yes, and 41 noes. I thank you. Here is a copy ofthe survey for...
MR. RILEY: Ron Comer.
MR. SHICKLE: Again, Mr. Riley.
MR. RILEY: Ron Comer.
MR. COMER: Thank you. I'm Ron Comer. I live in the Stonewall District. Woods Mill
Road. I urge you to vote no on this. It's not the right place for all the reasons everybody has stated
and Mr. Orndoff, as my supervisor, I encourage you to vote no for this. Thank you very much.
MR. RILEY: Ross Beck.
MR. BECK: My name is Ross Beck of Stonewall District. Before you start the clock, can
I ask..J want to address... There was a press conference yesterday that attacked our position on the
property values. May I address that?
MR. SHICKLE: No. This is a public hearing on the revised proffers.
MR. BECK: Did you receive a report from Mr. Reed, the appraiser?
MR. SHICKLE: Please address the revised proffer statements.
MR. BECK: Well, I'd like to address the property values themselves if...
MR. SHICKLE: It's not a part of the amended proffers, but Mr. Shockey did speak about
it generally, so, you know, don't dwell too long on it, but I'll allow you to comment because he did
raise the issue.
MR. BECK: Okay. Thank you, sir. Basically, what I'd like to remind you is that the report,
from what I was told just tonight, and which I would love to address had to deal with... I guess he
brought up two industrial parks that he talked about in his report and it's my understanding that you
received the report and it had to do with a Dupont and the Inland Island Port. Both of these... I
would love... I'djust like to remind you that we have over 880 people, residents within one mile and
over 3,000 within two miles. I would have loved to have the time to try to find out how many people
live within the one and the two miles of these particular areas. The other point that I would like to
bring up also is that his study was obviously done within the past couple of weeks. Our study that
we presented to you was a five year study done by the University of Toledo. I think that is a
significant fact that you have to study something like this. On the news, they stated... The appraiser
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himself made the statement, I'm not sure this is worded exactly right but he said that there is no proof
that the proposed industrial park will have an adverse effect on property values. Well, that is a true
statement because you can't prove anything until you know what's going in there and I think that was
brought up tonight, also. We need to know what's going in there so that we can figure out what kind
of effect it's going to have and should there need to be an evacuation of three miles, I would like to
remind you that that would encompass downtown Winchester. Also, something that was brought
up earlier about the historical district which I thought was very important. Yes. It's amazing how
we're all of the sudden we're... we're coming about and finding all of this stuff about how historic
this area is and I think that's great. I barely even knew it myself. It's in my back yard. And this is
very sad. But why is that? Did you know that it was the largest calvary charge in U.S. history was
at this particular site? I didn't. Now, the reason I bring that up is that is what the lawsuit is about.
The lawsuit addresses this. This is where... Weare saying that there was a report, a historical report,
that was ignored when we were doing the Comprehensive Plan and we would like you to bring that
to the public's attention of how historic this really is. Thank you, sir.
MR. RILEY: Neil Painter.
MR. PAINTER: Mr. Chairman. Members of the Board. Panel. I'm Neil Painter, Back
Creek District and I'm here to oppose this proposal. As you see, I wear hearing... for hearing
impairment. I served my time in the military for everybody's right to speak... Everybody's right...
Mr. Shockey's right.. Everybody's right. But I have three concerns. One. I understand that about
40 percent ofthe people who will work in this industrial park will be out ofthe area. I'm concerned
as to how much tax they will be contributing to Frederick County. Number two. I'm concerned
about the water. I hope that's good 'ole Frederick County water that you have in those bottles there.
I'm concerned about the water. I have a hard time with my well. I only get three and a half gallons
a minute. So I wonder where all the water is going to come from. Number three. The roads. Who's
going to help pay for the taxes on these roads and everything that we have? I urge you to listen to
the people of Frederick County. If you're not sure, put it on a referendum and let the people vote.
Let them decide. Thank you.
MR. RILEY: Mike McMillan.
MR. MCMILLAN: Members of the Board, my name is Mike McMillan. I'm in the
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Opequon District. I am not a part ofthe Shockey organization, nor do I stand to have any financial
benefit from this application. I'm here tonight to actually represent the Virginia Initiative to Save
and Improve our Neighborhoods and I'm responding to the July 30th revised proffers by the Shockey
Companies. And I wish to make you aware ofthree Code violations that have occurred during this
process associated with these revised proffers. The first Code is Frederick County Code 165-12,
which Mr. Boyd referred to earlier tonight, that has to do with impact analysis. The second is State
Code 15-2... 15.2-852 having to do with disclosure of business and financial interest. And the third
is State Code 15.2-2204 having to do with public hearing advertising. I will address each ofthese.
First, 165-12 associated with impact analysis. As Mr. Boyd stated, the Code states the impact
analysis shall assume maximum density or intensity of development allowed under the re-zoning
applications. This basically means that you must accept the worst case scenario in these situations
where the impacts have a range associated with them and in this particular proffer, transportation is
one ofthose who has had a range associated with it. By this Code, we must accept the worst case
scenario which was the original VDOT number. Tn the case of State Code 15.2-852, this Code
requires that each member of the Board of Supervisors make a full disclosure of any business or
financial relationship with the applicant prior to a public hearing. The State refers to this business
or financial relationship...
MR. SHICKLE: Sir, you need to limit your remarks to the amended proffer.
MR. MCMILLAN: This is. This is, Mr. Shickle, because you're going to vote on this
particular proffer.
MR. SHICKLE: No, sir. You're out of order.
MR. MCMILLAN: I don't think I am, sir.
MR. SHICKLE: Please confine your remarks...
MR. MCMILLAN: I'm going to make you sure that you have this reference...
MR. SHICKLE: Please...
MR. MCMILLAN: ... and the other reference of the other State Code as well.
MR. SHICKLE: Thank you, sir. Next speaker.
MR. RILEY: Don Smith.
MR. SMITH: Good evening. My name is Don Smith. I reside in Stonewall District,
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Stephenson, Virginia. I once again appreciate the opportunity to address the Board with my
concerns about re-zoning historic agricultural land located in Stephenson, Virginia. I have reviewed
the latest proffers put forth by the Shockey Company and remain dismayed that information remains
general and vague at best. With regard to water and sewer, no specific details have been provided.
As to the location of either one of these elements, whether it be on Charles Town Road or whether
it runs the distance of Shockey's own property, no specific details concerning how and where water
will be generated. I find tremendous fault with the lack of specific details concerning the magnitude
ofthis proposed development and cannot help but wonder just how much forethought has gone into
this plan. Information mentioned to date and here tonight has not even come close to easing my
concerns about water depletion and the effect this will have on the surrounding approximately 2,800
homes having wells as their only source of water. I once again urge this Board to use common sense
and continue to safeguard the health, safety and welfare of the citizens they represent. Thank you.
MR. SHICKLE: Next speaker.
MR. RILEY: Tom Malcolm.
MR. MALCOLM: Mr. Shickle. Members of the Board. My name is Tom Malcolm. I am
a resident ofthe Shawnee District and yes, I do work for the Shockey Companies. I stand before you
here tonight asking you to support this re-zoning request because I think if you do not support it, I,
along with a number of other Frederick County residents, whether we work for the Shockey
Companies or not, will be asked to pay significant increases in property taxes because of its lack of
imbalance. The... The issue of water that was addressed by a number of previous speakers, I would
calL.. redirect your attention to a memo that a member of your staff read to you earlier tonight which
was from Mr. Wellington Jones of the Sanitation Authority in which he says, and I quote the memo
you have, water facilities are available to the proposed re-zoned site. To meet the demands of the
Revised Impact Statement, the Authority will place in service in the summer of 2002, a water
filtration plant for Clearbrook and it addresses those particular issues. You have heard many
prolonged discussions, tonight being one of them, regarding this...this situation. I'm sure that you
are capable of sorting through the fact and separating the fact from the distortion. I ask you to
support this re-zoning because it is in the best interest of all of Frederick County's citizens in the
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future. Thank you very much.
MR. RILEY: Jack Drumheller.
MR. SHICKLE: Once again, I ask you to respect everyone's opinion.
MR. DRUMHELLER: Good evening. My name is Jack Drumheller. I'm a lifelong
resident of Winchester and Frederick County and a current resident of Clearbrook. I reside in the
Gainesboro District. I'm here again this evening to ask you for your support in approving this re-
zoning application. I felt that the last meeting, when the application was amended to withdraw the
most controversial part of the plan, the M-2 zoning, that it would be a no-brainer to approve this
project. However, since that time, Mr. Shockey has additionally proffered eliminating some specific
M-I businesses and, as was stated earlier, if a business applies for a site plan approval that is
objectionable, it can still be rejected. Also, in an effort to address continuing concerns regarding
vehicular traffic that would be generated by this center, and to remove any speculation, Mr. Shockey
has amended the project proffers regarding road improvements. Road improvements would be donc
up front as well as when the area reaches a specific number of vehicles per day generated by the
center. This trigger point, 6,000 vehicle trips per day, is a specific number that can be counted and
controlled. It will insure that the volume oftraffic will not get out of control and specific action will
be taken to mitigate traffic at the appropriate time. When Fort Collier Park was opened
approximately 30 years ago, there was only one road entrance in and out of the park. As new
businesses entered the park, roads were upgraded and added to efficiently handle the increased
traffic. The developer was responsible for these upgrades, as will be the case at the Mid-Atlantic
Park. Also, there have been many understandable concerns about safety and increased truck traffic
east ofthe park where resi... through residential neighborhoods. The developer has addressed their
concerns by agreeing to work with VDOT to post and restrict these roads from truck traffic that
travel to and from the industrial park. This would be similar to, but more restrictive than, Route 642
in Stephens City which does not allow through truck traffic. In regard to traffic, the importance of
the railroad spur cannot be overlooked. Studies show that on average four truck trips per day are
eliminated for every railroad car delivery. The fact is there are not enough rail-access industrial sites
in Frederick County. Tonight is the end of a long journey that has involved a tremendous amount
of planning and work and time. This proposed project can have a substantial long-term, positive
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impact on our County. It should not be judged short-sightedly on rumors or emotions. The outcome
ofthis re-zoning request will have a definite impact on the future direction of Frederick County. Do
we want to send a clear message that Frederick County is not open for business or do we want to
build on our past successes by following a strategy of planned grO'.vth which will continue to
maintain a healthy balance and a unique quality of life for our entire community. I urge you to
follow the Planning Commission's recommendation and approve this re-zoning project. Thank you.
MR. RILEY: Tom McCabe.
MR. MCCABE: Good evening, Mr. Chairman and Supervisors. My name is Tom McCabe
and I live in the City of Winchester. As everyone is aware, Shockey has proffered to exclude certain
uses in the proposed tech. center if there is a call to identify the specific businesses that will be
allowed. This is not practical because the center has not yet been approved and, therefore, not
marketed. For this development to be successful for the tech. center and for the County, there must
be a flexibility to pursue opportunities that will present themselves in ten years, but are not known
now. When Fort Collier Park was in the early stages 20 years ago, Hershey, Kraft Foods, Coca Cola,
Deleo and others were not identified at that time as potential users, yet they are here today providing
quality jobs and paying taxes. The process has been for Shockey to go the extra mile and exclude
uses that are currently included under the Frederick County Zoning Ordinance. Shockey will market
the tech. center and all potential users will have to meet existing zoning ordinances, the proffers that
will govern the re-zoning and the covenants that will be placed on the land to address noise, lighting,
trash disposal, et cetera. These covenants will be equal to or more stringent than those in place for
Fort Collier and these proffers and covenants will stay with the land regardless of whether Shockey
Companies maintains ownership or ever sells it. Potential users will also have to pass Shockey's
ongoing scrutiny to insure that they are good... excuse me... for the tech. center and for the area.
There is also a political reality here that I'd like to address. And individuals express concerns to
elected officials over things they are unhappy with or not in favor of, rather than on issues or things
they are content with. The opposition to this re-zoning request is minor. It could be termed
insignificant if it weren't for the volume of so few ofthe neighborhood groups. Is that an opinion?
Perhaps. So move to a fact or two.
AUDIENCE: Proffers.
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MR. MCCABE: Frederick County's population is 59,209.
AUDIENCE: Proffers... Proffers... Proffers...
MR. MCCABE: The seating...
AUDIENCE: Proffers... Proffers... Proffers...
MR. MCCABE: The seating capacity at James Wood and here...
AUDIENCE: Proffers... Proffers... Proffer...
MR. MCCABE: ...ranges from 600 to 814.
AUDIENCE: Proffer... Proffers...
MR. MCCABE: The opposition has never filled one of these venues yet they claim to
represent all of the County.
AUDIENCE: Who said...
MR. MCCABE: You did and I urge you to vote...
SPEAKER: Kick me out. Kick me out. Kick me out, Supervisor...
MR. MCCABE: Please don't let noise drown out reason and responsibility. Vote for
something to benefit the entire area. Thank you.
SPEAKER: You can walk me out right now.
MR. RILEY: Bill Simmons.
SPEAKER: Quiet!
MR. SIMMONS: Mr. Chairman. Board of Supervisors. My name is Bill Simmons. I'm
a resident of Winchester and 1... I am employed at Shockey Companies and I want to address why
I feel these proffers improve this site and why these proffers will improve industrial development
in Frederick County. You've heard recently that this is the most extensive package that you all have
seen and I think that is true, but one ofthe things I want to address is the fact of the industrial sites
that are available and the fact that this... these proffers will make this site attractive to quality
companies. Fact. The EDC recently published a... available sites in Frederick County. There are
only three sites on that list that was published August 1st that have the desirable traits of being an
industrial park, having rail service, having water and sewer availability. These really comprise only
313 acres and only one tract above one hundred acres. Of the 17 industrial sites, only seven
available tracts are greater than 30 acres and many ofthose sites are undesirable because ofthe types
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of land or industry that are presently there. Therefore, as one of the opponents wrote in an open
forum article last weekend, quality companies are attracted to communities that have planned for
development. We'd best be providing quality industrial parks where we can do that planning. We've
heard tonight that this is not the right place. It is the right place. It's been the right place since the
late '80s. It was the right place in the '96 Comprehensive Plan. It was the right place in the 2000
Comprehensive Plan. It is the site that lends itselfbecause ofthe proffers to controlling those things
you have heard about tonight- the water, the sewer, the environmental and all those issues. It lends
itselfto that. It is a site large enough that will give us planned development for 30 years. We won't
have to band-aid with a lot of small sites that will impact the public even more. And Don Shockey
has bent over and cooperated and that cooperation will not end tonight with this approval. He'll
continue to approve and I would put Don Shockey and the Shockey Companies' record in front of
you...
MR. SHICKLE: Time's up.
MR. SIMMONS: ...that...
MR. SHICKLE: Next speaker, please.
MR. RILEY: John Goode.
MR. GOODE: Mr. Chairman, members of the Board. My name is John Goode from the
Gainesboro District. I want to address several areas if! could.
MR. SHICKLE: I have a signal from a couple Board members that we really need a break.
Could you... I need to put you on hold for about 5 minutes.
MR. GOODE: You can put me on hold.
MR. SHICKLE: Thank you, sir. Five minute recess, please.
Mr. Goode, go ahead.
MR. GOODE: Thank you, Mr. Chairman. I was worried when you said a couple members
of the Board. I thought you didn't want to hear me speak at all. A couple of things in general, in
regard to contact with people. We did send letters to a lot of the people in the area and gave them
the opportunity to invite us into their homes or to come to our office. Some ofthe folks didn't take
advantage of that. As to the proffers, the one on uses, I call to your attention that the one with the
mercury chloride in it is probably a part of our existing Ordinance and the use ofthat chemical could
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very well take place in an M-l area that already exists. If you want to get rid of it, it should come
out of the Ordinance altogether. The second thing is many of those things are involved in medical
uses and a couple of years ago, I worked with Economic Development to try to attract a medical firm
to the community. We were not successful, but sometimes those hideous sounding chemicals used
in small quantities make us better. As for history, I've heard people say they're prepared to buy the
site. My question for you is why should they buy what they could get the practical use offor free
as part of our proffers? One of the things we've seen here today, and you don't see it very often, here
tonight, is virtually a miracle. For many years I have heard, read in the paper, about residents of the
Stonewall District talk about the need for public sewer there. I learned here tonight that there
apparently doesn't seem to be that much of a need. I'm not sure sewage has changed or the soils in
that district have changed. We had an indication earlier that some public record search was done and
no complaint or problem was found. Our search of what would appear to me to be essentially the
same records, indicates the following: I'm going to read from this report which Don Shockey
submitted to you earlier. Fact one. Between 1979 and 2000, a total of23 applications for sewage
disposal systems were denied by the Frederick County Health Department in that area. Fact number
two. Between 1979 and 2000, a total of 12 repair permits were issued by the Frederick County
Health Department to remedy malfunctioning sewage disposal systems. Fact number three. There
were currently five pump and haul systems there between '94 and '99, the Health Department
documented nine justified complaints regarding failing septic systems or sewage on the ground
service. And that's the end of my time. I urge you to approve the project. Thank you.
MR. SHICKLE: Next speaker.
MR. RILEY: Mike Weber.
MR. WEBER: My name is Mike Weber. I reside in Stonewall District. I still think, with
the proffers, this is the wrong project at the wrong place. I don't think it's taking care ofthe problems
that will arise from this project. I...I don't think one entrance can handle even 6,000 cars, but I think
we have to go with the original projected figures of 24,000 because you can't.... In want to build
something, you can't say for me to do the survey and give you the numbers. I heard ofthe collective
road and I saw the picture of it tonight. It looks awful close to my property but I know which
property is on my side, but I... Do they have the right of way to build this road? I think you need
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to ask them that. Ifthey don't own that right of way right now, are you going to take it by imminent
domain? I hope not. On the initial statement, it says this land is composed of steep slopes, wetlands,
flood plain and it's bordered by highest run, all on one side. We are not adequately looking at storm
water runoff. We have to consider that. You know, Opequon Creek is so overburdened right now.
How much more can we put in it? I'm worried about the water projection. We've went from
3,200,000 gallons to 400,000 gallons we heard tonight. Now, I... I asked the Sanitation Department
how much Hood used. 280,000 gallons a day approximately. Cardinal Glass was going to use
600,000 to 800,000 gallons a day. What was Coca Cola going to use? Why did they leave Frederick
County? Because they were worricd about the water. We need to look at this, which is the right
figure, and what are we going to do? Where are we going to get all the water? There are better sites.
The roads we're talking about carrying this traffic, we heard one night that if the roads go below C,
Shockey will upgrade them. Well, they're an A now. I think ifmy kid goes to a C, I'm not going
to tell him it's okay to stay there. I'm going to say you better get your butt back up to an A. I don't
think we want to accept it. Fire and rescue. Weare now going to give still $20,000 on this proffer.
One incident could cost this County that. Look at the new truck Clearbrook wanted to buy for what,
400,000? How many trucks is this facility, this big going to take and we're going to give them
$20,000. My last question is, I've heard all these people say about taxes and what it's going to
benefit Frederick County. I've heard about Shockey's been here. And I respect Shockey. I worked
with them a lot of time. But Shockey's been here a hundred years. Why is this project Shockey of
West Virginia and not Shockey of Virginia? Thank you.
MR. RILEY: Bill Rosenberry.
MR. ROSENBERRY: Hello. I'm Bill Rosenberry. I live in the Shawnee District. I'm
neither a Shockey beneficiary, nor am I a Stephenson resident. I would like to reiterate that the Mid-
Atlantic Industrial Park is not the only game in town with railroad access. Frederick County
currently has over 540 acres of rail-access available. This land which is under discussion is in
industrial zoned areas, not in our neighborhoods. The new proffers do not address this issue. I
would also like to state that the very best Shockey case scenario for this project is 20 million dollars
or 2 million dollars per year for the next ten years. This equates to one-half of one percent of the
total Frederick County budget. Do we really need... Do we really want to ruin the livelihoods of
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our friends in Stephenson or any of our fellow County citizens for this minuscule amount of profit?
The new proffers do not address this issue. I live in the southern part of the County. This project
requires expanding the sewer and the water lines outside of the urban development area. This is
sprawl. Sprawl across all ofthe taxpayers of Frederick County. I resent having to pay for any of
it due to poor planning by our government officials. Please vote no. Harrington Smith, my
supervisor, I urge you to vote no. Thank you.
MR. SHICKLE: Next speaker.
MR. RILEY: Kathy Durban.
MR. SHICKLE: Again, Mr. Riley.
MR. RILEY: Kathy Durban.
MS. DURBAN: You'll have to excuse me. I'm deaf in my left ear and I couldn't hear you.
I live in the Clearbrook area. I do vote and I am in the district that is affected by this. I really ask
you deeply from within my heart that you vote no. I am a real estate agent at Crum Realty. I've been
selling real estate in this area since 1985. And I can tell you 99 people out of a hundred do not want
to live next to an industrial park. Also, I drive Route 11 every day. Four... Four to eight times up
and down between Winchester and Brucetown. Right now, at this point, the way it is right now, you
can hardly get on 11 as it is. All this traffic is going to be throwed right back up and they're saying
they want to put that new turn lane in this way and a turn lane coming in this way. The people that
live down there already go around each other and do this. I mean, it may not be legal, or whatever,
but we're already doing it. And we still can't hardly get on Route 11. We just can't do it. I sit at
Brucetown Road trying to get on and I'm not even up at Stephenson yet. When the fair's going on,
you cannot get in and out. I take 81. The road that you're... that's closest that you say they're going
to be getting onto there at 81 whenever they get around to bringing that road around, that exit ramp
comes right up to a bridge. And if you've ever tried to do that over on Route 50 East, with the traffic
there, you throw that traffic onto Route 11, you're going to have to widen that bridge on 81. There
is no way... Somebody's going to get killed there. I have a three gallon a minute well which is legal
in Frederick County. When they drilled the test hole down at Clearbrook for that facility
everybody's counting on, it blew out one well already on Route 11 that you have to replace. Also,
I read in the paper there's been two other wells replaced. What's going to happen? Okay. It's going
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to be, according to the paper, 21 million gallons a day. Frederick County alone, according to the
paper, is already buying 21 million gallons a day that all of Frederick County uses. All of it. You
are increasing our water consumption 100 percent. What's going to happen to my 3 gallon a minute
well? I like my well. I moved out of Winchester to get away from water bills and sewer bills. I like
my drain field. I like the independence it gives me that... that's my water. It may have a little
sulphur in it but it's good for the joints. And I like it. I don't want it taken away from me. I moved
there... When they bought this it was R-A zoning. You're asking us to do a zoning change. You're
already have 4,000 acres zoned for industrial. Why can't you use this first? Why do you have to
change an R-A zone that's already there? I love my County, but this is wrong. And the money
shouldn't talk here. The people should talk.
MR. RILEY: Mark Smith.
MR. SMITH: My name is Mark Smith, and I own property in Shawnee District and am
currently building a house in that district and for the next 2 or 3 minutes here... I'm not a paid
consultant. I'm here as... myself individually. The proffers you have before you are in compliance
with the comprehensive plan. And this is what you... you've got to move forward with. You've got
a Comprehensive Plan the proffers are in compliance with. You've got road access which we'll get
into in more detail which is inadequate to provide for this situation we've got up here. You've got
a traffic study we'll go to in detail that will show you the level of services and the best proffer you've
got in Frederick County right now because of your cap and additional studies that you will get.
You've got an adequate water comment. You're going through the application process. You got an
adequate sewer comment. You've got a historic DSA easement that has been provided and you've
also... You can't overlook the view shed that you get which was in the Comprehensive Plan and
outlined as part of a study. That view shed, you will not see buildings... You will not see signage
as you're on Milburn Road. So, you've got a Comprehensive Plan, you've got a set of proffers that
says adequate, adequate, adequate, adequate as you go down through thf: process. I urge you to vote
yes and the reason I do is for the planning future of Frederick County. As we move forward and we
plan the right way, and we bring new applications in the future, and we say adequate, adequate,
adequate and we work through the process, work the staff, work the State, and you say no, then
conversely what are you telling us? We don't like planning. We don't like the Comprehensive Plan.
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I know that's not the case. I know your staff. They've worked hard. So, I'm urging you to vote yes
because this is in compliance with the Comprehensive Plan. The proffer package you have in front
of you is very strong. It has a lot of guarantees. It is not weak. I've been in this business all my life.
Thank you.
MR. RILEY: Vicki West.
MS. WEST: Before I start, I would like to show you the five year plan from the Frederick
County Sanitation Authority and also the minutes from the Board of Supervisors dated August 9,
2000. Good evening, Mr. Chairman and Board of Supervisors. My name is Vicki West and I'm a
resident ofthe Back Creek District. The water proffers have not been addressed. We're in a serious
drought. A completed assessment ofthe groundwater resources and understanding ofthe effects of
the high volume purnping needs to be completed by the USGS. In looking at the Frederick County
Sanitation Authority's five year plan, information given covering the residential growth and existing
industries, the projections do not, and I repeat, do not include demands for new industries. I also
thought it was rather odd that out of the possible 33 pages, only two paragraphs were given
concerning source of water supply. At the August 9th, 2000 Board of Supervisors monthly meeting,
Mr. Earl Sutherland, Vice President of G. W. Clifford & Associates, stated he was involved in the
planning, design and execution of the water supply facilities for the Frederick County Sanitation
Authority. Mr. Sutherland also stated that the Bartonsville Well would produce 800,000 GP day by
12/2000. Today it's still being tested. He also said that by 12/2000, you'd have three thousand two
million gallons per day. Today we have 2.3 million gallons. The citizens of Frederick County
deserve better. Save the Water says no to industrial talk. Thank you.
MR. SHICKLE: Thank you.
MR. RILEY: Greg Baruffi on behalf ofthe Northern Shenandoah Valley Audubon Society.
MR. BARUFFI: Good evening, Mr. Chairman. Members ofthe Board. I'm Greg Baruffi.
I live in Winchester, but as was just stated, I represent the Northern Shenandoah Valley Audubon
Society, 600 members strong, many of whom live in Frederick County. Tonight the claim was made
that there is adequate water to supply to meet the demands of the industrial site. However, no
comprehensive assessment ofthe region's water supply, especially groundwater, has yet to be made.
Therefore, we challenge the validity of the claim that there is adequate water resources to supply
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both the residents and the industrial park. Therefore, for the integrity of the environment of all of
Frederick County, the Northern Shenandoah Valley Audubon Society respectfully urges the Board
to reject the request for re-zoning. Thank you.
MR. RILEY: Jesse Southers.
MR. SHICKLE: Again, Mr. Riley.
MR. RILEY: Jesse Southers.
MR. SOUTHERS: Ladies and gentlemen. I live in Gainesboro District. Nothing gets built
in this County unless it comes before the Board of Supervisors. Whenever I drive through Frederick
County, from one end to the other, I see a vibrant, growing County. I happened to also see
Shenandoah University grow exponentially, which is good. We need to put this thing to bed. It's
been going on for months and months and months. We all know where we're going on it.
MR. SHICKLE: Direct your comments to the revised proffers.
MR. SOUTHERS: We need to vote no on this and put it to bed. It's the wrong fit for the
area. In the long-run, it's going to be a detrimental effect to these battlefields and we know it. We
need to vote no. What we're facing in this County is happening all over Virginia but what makes
the counties great to survive it are the people who listen to the citizens and include them in the
decisions that they make. Thank you.
MR. SHICKLE: Next speaker.
MR. RILEY: Pat Gochenour.
MS. GOCHENOUR: Good evening. I'm Pat Gochenour frorn the Shawnee District, and
as I read and reviewed the revised proffers, I was reminded of the time I was preparing to conduct
a motivational seminar for seniors and I was diligently looking for the recording of the song High
Hopes which I think addresses what we are doing here tonight. Also, at the same time, the
community, just as we are this evening, were fighting against Cardinal Glass coming to this area.
A friend at church found this song for me and it was the same friend on Wednesday morning
following the president of Cardinal Class withdrawing his plans to build at Kernstown, sang these
words to me as I was entering the church for prayer. Just what makes that little 'ole ant think she can
move a Cardinal Glass plant. Anyone knows an ant can't move a Cardinal Glass plant. But you have
to have high hopes and that's what this is all about. High hopes even if they are high hope pie in the
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sky hopes. So, while you Supervisors are contemplating Mr. Shockey's request to re-zone his
agricultural land to industrial land, let me leave you with these words to another song. You've got
to accentuate... accentuate the positive. Eliminate the negative. Latch on to the affirmative and
don't mess with Mr. In Between. Thank you.
MR. SHICKLE: Next speaker.
MR. RILEY: Bill Sherrod.
MR. SHERROD: Bill Sherrod. Gainesboro District. My personal observations on this...
these revised proffers by the Shockey group... I see it as a typical case of corporate America against
the little guy. To cut through smoke and mirrors, to me it looks like corporate greed. Just plain out.
There are certain parallels in what the Shockey group, corporate America, is trying to do with this
Board and what United Airlines tried to do with the Department of Justice in the past year. In each
case there were objections to the deal and in each case, some money was thrown out there to try to
resolve some ofthese objections. Need fire trucks? Okay. We'll give you a fire truck. Need better
roads? We'll give you a couple oftum lanes. A hundred thousand here, a hundred thousand there,
whatever... Whatever it takes. And how I view it, it's kind oflike Donald Trump in the 1980s. The
deaL.. It doesn't matter what the deal costs, corporate America wants to deal. And why? The reason
is there's extraordinary... extra ordinary profits involved at the top ofthis food chain and corporate
America and the people that run the... those corporations are at the very tip-top. They seem to
address peripheral issues, but the peripheral issues are very important issues to the people at the
bottom of the totem pole. This Shockey proposal has fundamental flaws in it. The fundamental flaw
is that industrial America cannot coincide side by side by residential America. It needs to be put
somewhere else. This is the wrong location. The property values are going to decrease around
Stephenson if this is allowed to go through. The cleanliness of the air will decrease and the health
and the safety of the community is going to go downhill. With all I can emphasize, I urge you to
vote no. This thing needs to be buried. Now.
MR. SHICKLE: Next speaker.
MR. RILEY: John Strassburger.
MR. STRASSBURGER: Good evening, ladies and gentlemen. I'm John Strassburger from
the Back Creek District and I come to you also tonight as the President of the Land Trust of Virginia.
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In meetings with the Frederick County Voters of Common Concern, and in the previous Board
meeting, you have all heard me tell you that there are far better uses for this land... excuse me... far
better uses for this land to protect its historic values, its water quality, its agricultural values, its open
space values and these are all uses that the Land Trust of Virginia and other organizations and
individuals will make happen if you vote no here tonight. Basically, the Shockey Company can't
proffer enough to make this project safe or worth the cost to the neighbors ofthis property or to the
residents of Frederick County. Their proffers that they told you about tonight do not deal at all with
the numerous traffic issues you've heard about. Their proffers do not at all mitigate the water
extraction problems you've heard about. Their proffers do not at all mitigate the storm water runoff
effects neither normal or heavy rain. Their battlefield proffer does not begin to do justice to this site
and the language of their proffers is clearly not specific enough. I ask you to listen to us, your
constituents, who have tonight spoken 47 to II against this request. Pkase let this be the start of a
new era of responsible stewardship to oversee the growth of Frederick County in the future. Thank
you very much.
MR. RILEY: Linda Hyre.
MS. HYRE: Mr. Chairman. Members of the Board. I'm Linda Hyre, a resident of
Stonewall District and a member of the over 58,000 silent majority who are not opposed to this
project. I'd like to take this opportunity to applaud the members of the Board of Supervisors, past
and present, who over the past 25 years had the foresight to develop an economic development
strategy that recognizes the necessity and tax advantages of bringing high quality business and
industry into our community. I believe the amended proffers offered here this evening, which go
above and beyond Frederick County's own requirements, confirm this applicant as a high quality
business and industry. When you were elected to the Board of Supervisors, the citizens entrusted
you with a County that has realized an enviable quality of living built on a foundation of sound
economic development principles. You have the extraordinary opportunity this evening to
strengthen that foundation, to secure our present and future economic stability and the affordability
of our community. As a taxpayer of Frederick County, I kindly implore you not to tum back the
clock on the promotion of economic development...
MR. SHICKLE: Ma'am. You've got to link this to the proffers.
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MS. HYRE: Yes, sir. Thereby returning the citizens of Frederick County to an era we
cannot afford. Upon...
AUDIENCE: Proffers.
MS. HYRE: Uphold the values of fiscal responsibility and preparedness which Frederick
County has established.
AUDIENCE: Proffers. Proffers.
MR. SHICKLE: Ladies and gentlemen. I'm the chairman. I'll make that decision. I don't
need your comments. Please.
MS. HYRE: I respectfully request that as our elected representatives, you continue to
govern us in the tradition of common sense, dignity, integrity and foresight and I ask you to accept
the amended proffers offered here this evening and vote in favor of this re-zoning request for the
benefit ofthe majority of the citizens of Frederick County. Thank you for your dedication and your
servIce.
MR. SHICKLE: Thank you.
SPEAKER: I'm speaking because I still have not received the answers that satisfy me
concerning some ofthe issues involved in the proposed industrial park such as how will the water
usage of the proposed industrial site affect the surrounding community? Will we eventually have
to connect to the new water treatment system to have water? Will our wells go dry? We still haven't
proven that that is not going to be the case and as Mr. Sager and Mr. Stivers said, all the information
given has been too general concerning the types of industry that will be allowed to be in the
industrial park. We have heard what types will not be allowed, but there are too many industries that
aren't... that I am not aware ofthat may be harmful to the environment. I've spoken with friends
who feel as I do that Mr. Shockey as a businessman has to have some option that is feasible that will
make money for him and for the community. I feel that the M-I zoned industrial park that he has
proposed is not an appropriate choice for the surrounding community. We have read many of the
articles in the paper that have enumerated the problems that the community may encounter from air
and water pollution, excessive traffic, tractor trailers sharing the road with school buses and they go
on and on. We also have read that the homeowners in our area do not produce enough tax revenue
to pay for the services that we receive as County residents so putting, you know... So the option of
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putting in a residential housing on this tract of land is also not feasible. I wonder what the cost to
the community would be of putting a business park in this property? We would still have increased
traffic, but the amount of water and air pollution would be much less than that of an industrial park.
Also, it makes sense to me that it would bring in more tax revenue than a residential area and would
not be so ecologically intrusive as an industrial park. The historical seetion of the land could still
be preserved and there would be no need for a rail spur to disfigure that tract ofland. Mr. Shockey
has spoken of bringing industry to the area that would keep the youth here. Do all the high tech.
industries that he feels will keep the youth in our area require the M -1 zoning that he is requesting?
I am totally opposed to the M-l zoning that has been proposed by Mr. Shockey for this industrial
park, but I feel that a compromise can be made that will be acceptable to all fue different factions
of this problem.
MR. RILEY: Susan Cornea.
MS. CORNEA: Hi. I'm Susan Cornea from Stonewall District. Mr. Shockey and his team
has opened up a door, and I'd like to walk through it. The proffers that they allow the businesses in
in M-l is very large and encompassing and some are very heinous. I want you to try rolling these
words around in your mouth and in your head, okay. I want you to say carcinogen, mutagen,
tetragen, accumulated matter particles, mercury, lead, cadmium, zinc. We already have two
industrial parks in a relatively close area. Quantity does affect quality when it does come to air and
water, gentlemen. Our water is carbon based. Our aquifer, that is quite large, fuat ilie USGS is now
doing a study on, that has not been waited for. It's all drained. That is the problem that you're
having with the septic systems. And some of it's just plain maintenance. That is why there are
denials in Frederick County. You think you won't have those same kind of problems with industry?
That you can't have failures when you have those kind of harmful situations there? I'm at a loss. I'm
getting very angry. Excuse me. He is not protecting us. He is protecting himself for his pocket in
the future. It's scary that he's allowed to use the large scope that it is for businesses that are coming
in, but part of that is your fault. The Comprehensive Plan should have been gone back to. Your
zoning allowances should have gone back to. Look to the east. Ask for models. Go to the
professionals if you have to get answers. It is your duty as representatives to do such. I'm an
informed, educated citizen and I will not elect people that will not do that for me and my family and
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my neighbors. I ask you to vote no and start to correct the problems that we see. Thank you very
much.
MR. SHICKLE: Next speaker.
MR. RILEY: Bill Machardy.
MR. MACHARDY: Good evening. My name is Bill Machardy. I'm from the Stonewall
District. My purpose tonight is to appeal to an enlightened view ofthe proposed re-zoning in light
of new proffers. An enlightened perspective recognizes, one, that industrial development can
contribute to the economic health of a community. An enlightened view also recognizes that this
specific re-zoning places industry in the wrong location. No amount of new proffers or proffer
changes can make Stephenson's Depot area the right location for industry. I thank you for voting
no on this re-zoning and I condemn you for a yes vote which approves this re-zoning. No amount
of watch out signs could ever compensate for the destructive impact of this industrial park on the
citizens of Stephenson. I've heard the term no-brainer used twice since I've been coming to these
meetings. I'd like to use a different phrase. I quote A. W. Goodman. Anybody recognize that? If
you've ever studied calculus. Obvious to the most casual observer, that's what this decision is. It
should be a no vote. And in closing, to the citizens of Frederick County, I would like to apologize
for the intellectually challenged representation made by Mr. Smith dismissing the opposition as a
bunch of...
MR. SHlCKLE: Sir.
MR. MACHARDY: ...red necks.
MR. SHICKLE: Sir. Would you please sit down?
MR. MACHARDY: Take the cheap shot.
MR. SHICKLE: Your comments are inappropriate. Please sit down.
MR. MACHARDY: I'm not red behind the neck and I don't take cheap shots.
MR. SHICKLE: Sir. Please sit down.
MR. MACHARDY: You're welcome.
MR. SHICKLE: Next speaker.
MR. RILEY: I can't read this last name. It's Charles Ford... Fork?
MR. SHICKLE: Anyone close to that?
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MR. LONG: How about Long?
MR. RILEY: What?
MR. LONG: Long. L-O-N-G.
MR. RILEY: Whatever you say. How about one more time for the record?
MR. LONG: Charles Long. Gentlemen. Ladies. Chairman of the Board. Members.
County residents. I'm a taxpayer and I usually come to these meetings when taxes are about to be
increased on us. We've heard here in the last couple of hours that industrial areas are good for us.
Well, they might be. I'm sure they are. But do you also know that... Well, I came here in '78. There
were no industrial areas. And in the last 14 years, our taxes have gone up 213 percent. Where are
all... Where is the tax money going? I was also... I also came up here to talk about our water
situation. In the 1990s the number of households served by Frederick County Sanitation Authority
grew six percent per year with the average household on .2 acres ofland versus the count of25 acres.
In '99, Frederick County Sanitation Authority bills of $16.38 for the first 2,000 gallons of water
every other month. $2.18 for a thousand added gallons for anything over that. Frederick County...
FCSA 22.85 for the first 2,000 gallons of sewage, $3.05 for 1,000 gallons after that. In 2001, we
see here a bill for a friend of mine. $61... Excuse me. $55.94. This person is on an income that
would drive you crazy. He's literally broke. His cost was $5,000 for hookup plus $300 for essential
items, $10.00 a linear foot then for hookup. He was... His sewer and water were going to be
condemned ifhe didn't. Does this sound familiar to what we heard today? That they're going to
threaten us... the people up the road from the same thing... Yet, the Virginia Constitution
says...subparagraph 9, limit of tax or reviews states that this forbids tht: use of the State funds and
credit to foster and encourage construction and operation of private enterprises. So with this
extended sewer and water line going up to Route 8.... to the industrial park... it's got to be paid for
by local taxes... This I'm upset with and I thank you for your time.
MR. RILEY: David Nichols.
MR. NICHOLS: My name is David Nichols. I'm from the Back Creek District and I would
like to speak concerning the proffers and the water. I have here a study that was done, Hydro-
geologic Evaluation of the Tract Quarry, and I would like to speak to that. This study is supposed
to show where the four large quarry pits at Clearbrook will supply the water for that end of the
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County and this industrial park. Well, when you look through this study it shows, very clearly, Pits
No.1 and No.4 are empty. Pit No.2 has a small amount of water and Pit No.3 is less than halffull.
So, basically three out of the four pits that are supposed to supply the water for this industrial park
and that facility are empty. And when the Sanitation Authority starts pumping 2,000,000 gallons
of water a day, it won't take long to dry up that source. I strongly suggest that you take some time
tomorrow, before you vote on this, go to Fry's Quarry. Look around. If you have some time, go to
the Stephens City quarry. Look around. Those are basically dry also. It has also been reported that
there will be five wells dug by the Sanitation Authority to help supplement the water supply. There
is no guarantee there will be water in those wells. The Sanitation Authority has a very poor record
of finding high production, reliable water sources. It has also been said earlier that the facilities
would be in place to treat this water. Very true, but ifthere's no water, what does the facility... what
good does a facility do you? It's also been said earlier tonight that there will be 1,000 gallons per
day recharge that justifies or says that there will be enough water to supply this region. Folks, days
like today, we don't get 1,000 gallons per day recharge. We are in a drought. Mr. Jones spoke about
that at the last Sanitation Authority meeting. He said that the quarries and the aquifers are not, and
I repeat, are not being recharged because ofthe drought. Another possible source of water for this
would be the City of Winchester. The only problem is that contract with the City expires in less than
17 months. It is not up to you nor the Sanitation Authority to renew that contract. It is up to the City
Council. And, if we continue in this drought, they may very well say we'll keep this water. We need
this water more than the County and the County will be out 2 million gallons of water a day. I don't
think Frederick County has enough reliable sources of water to support this project. I ask you to
vote no. Thank you.
MR. SHICKLE: Next speaker.
MR. RILEY: Blaine Dunn. And the last speaker is Glenn Penton.
MR. DUNN: Mr. Chairman. Supervisors. I'm here for... to tie the proffers together and
make a suggestion to you. There are a lot of people that are advocates for this project. They supply
you data and information on it. There are a lot of people that are opposed to this project. That
doesn't supply you with data and information on it. I personally believe the opponents to that project
are afraid oftheir data. That doesn't make me right, but that's my belief. Mr. Shickle, you have been
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a strong proponent of this proposal, as is your right, and, from the public record at least, it indicates
that you have suggested to Mr. Shockey that he bring this forward as a re-zoning proposition. At
the same time, you're the Chairman of all the citizens of Frederick County. Therefore, I'd like to
suggest that you vote... and hear the full comment before you mentally react, please.
MR. SHICKLE: Please tie it to the proffer statements.
MR. DUNN: Yes sir. And the... And the... And the tie to the proffer statement is as
follows: The proffers, in my opinion, don't address the issues, transportation, water, historical
significance, but you as the Chairman and Board members are going to make a vote on this so my
suggestion is as follows: that you reject the proposal and vote no. At the same time, you couple
your negative vote, no vote, with a referendum in the fall, we do have an election, so that every one
in this County has an opportunity to make his say, yea or nay. There are those proponents who say
that it is a vast, overwhelming majority that are in favor of this proposal. They may be right. The
minority, who are the opponent, in some people's opinion, are very vocal. Therefore, you give
everyone a chance, Mr. Shickle, and I'm only picking you out because you are the Chairman, to have
a say in this issue. Let the people decide where it goes. You're not abdicating your responsibility
as supervisors, but are actually probably doing the greatest thing you can do and that's give us all an
opportunity to examine the facts, as we see fit, and vote accordingly.
MR. SHICKLE: You need to make the link to the proffer statements.
MR. DUNN: Mr. Shickle, I'm finished. My tie to the proffers is the proffers don't address
the issues, as I said, ofthe historical, water issues, et cetera, and therefore I was making a comment
on the other. I have 38 seconds left and one more comment. There was a previous gentleman here
who was cut short on his time. He was a proponent. Ifthat gentleman wants to speak, he is entitled
to the 28 or 29 seconds I have left. This is not a...
MR. SHICKLE: No, sir. We will not swap times.
MR. DUNN: Okay. Thank you.
MR. SHICKLE: But... But, before you leave, I don't think we got your magisterial district.
MR. DUNN: Sure. My name is Blaine Dunn and I'm in Stonewall District.
MR. SHICKLE: Thank you, sir.
MR. DUNN: Okay.
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MR. RILEY: Glenn Penton.
MR. PENTON: My name is Glenn Penton. I'm in the Stonewall District and I've been an
architect, and I've been a developer, and I've been in planning for a long time. I've seen a lot of
projects. Lived in a lot of states. And I think what we need here tonight is leadership. Someone has
to be our leader. Someone needs...
MR. SHICKLE: Needs to be tied to the...
MR. PENTON: Someone needs to realize the magnitude of these proffers and understand
what these proffers... Or put these proffers in perspective. We're talking about a project that's in the
16, 18, 20 million dollar range and we're looking at a proffer value of one percent. Where's our
leadership? We have a senior citizen of this community who has lived and profited from this
community. Where's our leadership? One percent return to the community for proffers that we may
receive? This is out of order. When you get so much from a piece ofland, 400 acres... You get so
much profit from it. One percent is not reasonable. We need leadership. We're not receiving
leadership from this effort. The Board... I ask the Board, you... You have worked very hard. I
appreciate it. Your time has been spent on this. You have worked and worked for nothing, for no
pay and you can't imagine how I appreciate this. I also feel that in Stonewall, something's gone
wrong with our leadership. Something's wrong. Who's going to lead us? Who is going to make sure
that this community goes in the right direction? The proffers cannot correct a Comprehensive Plan
mistake. A process that goes on for so long needs to be judged by other people. This is the wrong
place. I have been in this business for over 40 years. This is the wrong site. The Comprehensive
Plan is wrong in this area. You cannot fix this problem with proffers, especially one percent of
proffers. Two hundred thousand dollars is nothing. Three hundred... Four hundred... Nothing.
Thank you very much for all your time.
MR. SHICKLE: Everyone that signed up has now spoken. Do we have others in the
audience who did not sign up and wish to speak? Would you raise your hand? I see about three.
You all three come down here perhaps just line up, that would be the fastest thing. Again, give your
name and magisterial district for the...
MR. DICK: Mr. Chairman. I'm Richard Dick. Shawnee District. I have two points. First,
1 would like to thank each and every one of you for all of the time and effort that you have put in
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over these many months of the public hearings. I think you have made a great commitment.
Second, the beginning of these public hearings was a recommendation from the Planning
Commission. The Planning Commission heard proffers at that time. The Planning Commission is
made up of 12 members of which each one of you have appointed two. I think with the exception
of one area, all of those people have voted unanimously to approve this re-zoning. I hope that you
will have the confidence in the Planning Commission's recommendation along with all of the
proffers that have been offered here tonight to approve this re-zoning. Thank you.
MR. SHICKLE: Next speaker, please.
MS. STIVERS: My name is Pamela Stivers. I live in the Stonewall District with my
husband, Mark, and three school age sons. In regard to the amended proffers, I make the following
observations. The first point is transportation. The revised proffers only address Route 11 and Old
Charles Town Road. All traffic coming from Route 7 must travel Burnt Factory or Woods Mill
Road to reach Jordan Springs Road and then on to Old Charles Town Road. I must travel these
roads every day with my children to and from Stonewall School, James Wood Middle School and
James Wood High School. There are no stated plans to improve these roads. The second point is
regarding the water and sewer issue. My property is in Woods Mill Subdivision and is adjacent to
the Shockey property. We will receive no benefit from sewer, but we are dependent on a well which
could be affected by drilling test wells on and around the Shockey property and run off from this
development. To those of you who say my quality ofIife is expendabl<: for the good of the whole,
I say shame on you. If you live by the golden rule, I hope no one does unto you what is being done
to me and my neighbors. I urge you to vote no. Thank you.
MR. GOLDEN: My name is Doug Golden from the Stonewall District. I'm going to see
in can crack this nut. Proffers... These proffers and all past proffers that we've heard over the last
nine months or so seem to be icing on an un-baked cake. Before you can meet to try to converge on
a common goal, there has to be a common goal. The citizens of Frederick County, the way I see it,
have no common goal with the applicant. This icing will not sit on the cake. We need to vote no
on this application to re-zone the land. Thank you.
MR. HODSON: Assuming I don't have a heart attack...
MR. SHICKLE: Sir, we need your name and magisterial district.
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MR.HODSON: Yes. I know. Jim Hodson. Mr. Charles Orndoffis my person. Heclaims
he sold me a house for $8,500. I thought it was $10,000 and he's going to be late feeding his cows
tomorrow morning. We have only lived out there since 1963, so we're kind oflike newcomers. I
just came from feeding the cats out at McCann and Milburn, which is near the cemetery... That's a
pretty great aggravation, but the Lord works in mysterious ways and... This is kind of intimidating,
really. Are you still talking?
MR. SHICKLE: Sir, you need to address the revised proffers.
MR. HODSON: I don't know anything about all that, but...
MR. SHICKLE: Sir, you need to speak...
MR. HODSON: ...but, no, no, no, no. Thank you.
MR. SHICKLE: If you'd like to be heard, would you come down and respond, please, and
we can move along? Thank you.
MS. CONNELLY: My name is June Connelly. I'm from Stephenson. I've lived here for
24 years. I think all of you people who have a responsibility to plan for growth in this area is
tremendous. I wouldn't know where to start. I know that as we've lived here, we've seen a lot of
growth and we've seen a lot ofthings that have closed down and people have moved to other places.
I don't know where you're coming from on all that. I know in our area, it's comfortable. It's
beautiful. People are friendly. People are nice, all over, and I like living where we live and I just
vote no. Thank you.
MR. SHICKLE: Anyone else who would like to speak? Seeing no one else, I declare the
public hearing closed. Are there any questions board members have of the staff that are not
discussions, just clarifications or examples, any points of clarification?
MR. ORNDOFF: I would ask on that amount oftraffic they talk about, 6,000 or how much
traffic they.. they speak of up to 25,000 a day. We should use that quote instead ofthe 6,000 and...
Is that reasonable? The 25,000 or...is that something that's going to happen or what you got
proffered in there to take care of it, I know, at 6,000. Is there such a thing as getting to 25,000 a day?
SPEAKER: I'm unaware of anything as far as VDOT's concerned on what's coming on the
traffic projection of25,000 so I cannot address that. The study that I have in front of me indicates
that you all have set proffers in place to mitigate impacts. Obviously, we have a level of service A
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now. The desire... The lowest level of service that we would like to see is C. You all have proffers
in place that the applicant would mitigate and bring back anything that's gone beyond a D back to
a C or participate in that so you can talk about various vehicles per day and I think that you all have
covered that by your proffers as far as traffic impact, future traffic impact analysis that would be
required by the applicant.
MR. SHICKLE: Anyone else have a clarification? Ifnot, the Chairman would like to see
the Board dispose of this thing tonight and would entertain a motion. Mr. Orndoff, are you ready?
MR. ORNDOFF: Mr. Chairman. This has been a hard decision to make. I've had a lot of
phone calls and such things, but there are a lot of misinformation that's b(~en given in the County and
I move to approve the Re-zoning Amendment 04-0 of the Mid-Atlantic Industrial and Technical
Center as amended in the application and proffer statement which refleets the County's affirmative
recommendation.
MR. SHICKLE: We have a motion for approval by Mr. Orndoff. Do we have a second?
MS. DOUGLAS: Second.
MR. SHICKLE: We have a second from Mrs. Douglas. Discussion. Board members.
MR. HARRINGTON SMITH: Mr. Chairman.
MR. SHICKLE: Mr. Smith.
MR. HARRINGTON SMITH: I've agonized over this. Really agonized over it, and the
gentleman that got up here a few minutes ago, the calculus man...
MR. MACHARDY: Right here.
MR. HARRINGTON SMITH: You almost changed my mind by your statements. Ifthat
goes down the hill, it's going down because of you. I want you to understand that.
MR. SHICKLE: End of discussion? Mr. Sager.
MR. SAGER: I think, without a doubt, that this re-zoning has been the most emotional and
physical thing that I've had to tackle for many years, probably my tenure on the Board in the last ten
years. Every day and night for the last seven days, last seven months or more, the phone calls,
letters, media, people have called and expressed their desire and philosophies and their concerns.
I hope, without fail, I have listened to every person, been considerate and fortunate enough to have
people who have given me a lot of good ideas. I believe that over the period of time I have heard
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a lot of truths, maybe some exaggeration of the truth. Pressure on every one here has been
tremendous. And I asked myself, how could one project create such an expenditure oftime, energy,
money, and then I realized that we're talking about the future of Frederick County. I had the desire
to work with Mr. Shockey and the citizen group approximately 30 days ago and really wish that I
had sat down with a small group of people representing all the factions to see if there was some type
of an ad hoc committee, the possibility of some early compromise. I'm somewhat saddened that this
hasn't happened. I do want to thank the citizens that have worked with me in getting information
and gathered it up for me and I want to thank Mr. Shockey and his staff and Mark Smith for the
kindness and patience they have provided for me. They gave me information also, so I may have
some positive consideration. That's it, Mr. Chairman. I stand ready to call the question.
MR. SHICKLE: The question's been called. Mr. Sager.
MR. SAGER: No.
MR. SHICKLE: Mr. Reyes.
MR. REYES: No.
MR. SHICKLE: Mr. Orndoff.
MR. ORNDOFF: Yes.
MR. SHICKLE: Ms. Douglas.
MS. DOUGLAS: Yes.
MR. SHICKLE: Mr. Smith.
MR. HARRINGTON SMITH: No.
MR. SHICKLE: Thank you, ladies and gentlemen.
MR. ORNDOFF: I make a motion to adjourn.
MR. REYES: Second.
MR. SHICKLE: Motion to adjourn made by Mr. Orndoff seconded by Mr. Reyes. Any
discussion? All in favor, aye.
BOARD: Aye.
MR. SHICKLE: Opposed no? The meeting is adjourned.
(WHEREUPON, the Hearing was adjourned at 11 :00 p.m.)
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CAPTION
The Public Hearing in the matter, on the date, and at the time and place set out on the title page
hereof. It was requested that the Public Hearing be taken by the reporter and that the same be
reduced to typewritten form.
\LJ /Q ~,,---Q ~
Richard C. Shickle
Chairman, Board of Supervisors
Minutes Prepared By: County Court Reporters, Inc.
124 East Cork Street
Winchester, VA 22601
Minute Book Number 27
Board of Supervisors Meeting-Public Hearing-Request of Mid-Atlantic Technical Business Park (Shockey Rezoning
Request) - 08/07/01
Minutes Prepared by County Court Reporters, Inc.