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Nadia Rodriguez - COBX From: Amy Gabaldon - COBX on behalf of Fran McCarroll - COBX Sent: Friday, September 30, 2016 9:31 AM To: Nadia Rodriguez - COBX Subject: FW: My Property is a War Zone Attachments: Documented Concerns about Dillon Aero From: Carla Lee [mailto:carlee(acox.net] Sent: Tuesday, September 27, 2016 8:59 PM To: Raymond Banker - PLANDEVX; Fran McCarroll - COBX; District 5 Subject: My Property is a War Zone RE: Case #2016001 and Case #2016004 Men in military gear in Huey helicopters and gun-mounted jeeps are firing 3000-round-per-minute Gatling guns on pristine, agriculturally-zoned Sonoran desert land surrounding our property near 99th Avenue and the town of Maricopa. https://www.voutube.com/watch?v=v4gT0oE181s Military specs show the high-powered guns can shoot almost 1100 yards. Their shells can easily reach neighboring private property, people and vehicles traveling on 99th Avenue. Five neighboring property owners recently discovered this weapons testing has gone on for 20 years in violation of public safety and existing codes for agriculturally zoned unincorporated land leased by Dillon Aero, a Scottsdale armaments manufacturer. Dillon has now purchased 610 acres and is seeking its rezoning as a "target area." Dillon's munitions testing is extremely hazardous for neighboring landowners, whose 30 acres form a "donut hole" in the middle of Dillon's property. The seriousness of the danger was recently recognized by the Bureau of Land Management, which is requiring Dillon to build 20-foot tall berms to protect their adjacent land after munitions spilled over into BLM land. The five private property owners have no protection save a "buffer zone" proposed by Dillon, which is grossly inadequate. The environment surrounding our properties has been damaged beyond repair; the value of our property — retirement investments for many of us — has been equally devastated. It is a miracle that local property owners and/or travelers on 99th Avenue have not yet been killed in massive military-style "accidents" or "collateral damage." Dillon asked the Maricopa County Planning and Zoning Commission to recommend rezoning its acreage as a "target area." In spite of opposition from all five adjacent property owners, the Zoning Commission voted to recommend the rezoning to the Maricopa Board of Supervisors on Oct. 5th. Please help us tell our story! We need to generate public awareness of the very real hazards, not only to landowners, but to anyone traveling on 99th Avenue. Complete documentation is attached and more is available. 1 Carla Lee carlee@,cox.net 480-577-1842 2 Nadia Rodriguez - COBX From: Carla Lee <carlee@cox.net > Sent: Tuesday, September 27, 2016 8:15 PM To: 'Carla Lee' Subject: Documented Concerns about Dillon Aero Attachments: Parcel map.pdf; Request to begin negotiations; Distance measurements and more images PUBLIC CONCERNS: Dillon Aero, a Scottsdale based armaments manufacturer, has been firing their Gatling machine guns illegally in an agriculturally zoned area near Maricopa, AZ, within range of land I own. They sell weapons to foreign and U.S. governments, and have been testing the Gatling guns (mini machine guns) that fire 3000 shells per minute from Huey helicopters and gun-mounted Jeeps in the unincorporated land in Maricopa County. Unbeknownst to me and several other land owners, this has been occurring for years within a few thousand yards of property I purchased in 2004 and had planned to build on. Five landowners in the area own just under 30 acres within the 610 acres of land that Dillon Aero recently purchased and requested to be rezoned as a target area. We are basically the donut hole located to the lower right of section 300-32-200A (excluding the strip 300-32-002G), which allows Dillon Aero to completely surround us, and we are within firing range. (see attached Parcel map) SAFETY CONCERNS: Until their recent purchases, Dillon Aero had been leasing land to conduct their testing. As stated at the September 8th Planning and Zoning Commission public hearing, they have been testing their min-guns for the last 20 years (in violation of the zoning codes I will add). The primary reason they claim they have requested rezoning now is because they have applied for a Foreign Trade Zone (FTZ) designation and to be approved, are required to have the proper zoning. As I understand it, the FTZ would allow them to move the armaments they test and sell to foreign governments through customs more quickly. All five landowners (including another just west of us) filed formal written complaints, and five of us appeared before the Planning and Zoning Commission to oppose the rezone. In spite of our opposition, the Commission will recommend to the Board of Supervisors at the public hearing on October 5 th, that Dillon Aero be approved for this rezone. Planning and Zoning introduced one stipulation that the "buffer zone" Dillon Aero has proposed, (parcels 300-32-001C, 300-32-002A, 300-32-002H, 300-32-0021 and 300-32-002G on attached Parcel map) remain agriculturally zoned. While this is a step in the right direction, the proposed buffer zone is inadequate to protect property owners and those traveling on 99 th Avenue from bodily harm should the Gatling gun be inadvertently aimed in our direction. A. Dillon Aero's Operation (We're not in Kansas anymore): 1. As I explored Dillon Aero's filings, to justify their operations, I read about bunkers, berms, munitions, helicopters and claims of increased security in the area. To exemplify the scale of their operations, I presented the following video at the Planning and Zoning hearing: https://www.youtube.com/watch?v=v4gT0oE181s Dillon Aero's representative took exception with this stating that some of the footage was from their website, but that other footage was "unauthorized." 2. For this reason, I have provided the following Dillon Aero press release video https://www.youtube.com/watch?y=rRSI(6iLwK g The first 1 Y2 minutes of which will provide an "authorized" version of Dillon's operations. It is for all intents and purposes a reconstructed war zone and we are not safe. 3. Dillon claims they are firing into berms, and the second link will verify that they are. It also substantiates the claims that they are also firing outside the berms. Additionally, because they have been self-regulating, their berms in the video are 8 feet high. The BLM now requires them to raise the berms to at least 20 along the BLM border due to munitions "spillover' into BLM lands. There was no talk of requiring them to erect high berms 1 along the public access side as well? It feels as though protecting cactus is more important than the landowners in the area. 4. Another video from 2012: https://www.youtube.comiwatch ?v=ClEo20fA2Zs exemplifies their extensive target shooting. B. Verifying public safety concerns: 5. Dillon's own specs www.dillonaero.com indicate that the Gatling gun is capable of "delivering 3000 shots per minute at a range of 1093.61 yards." Google Earth measurements indicate weapons fired in Dillon's active target range (parcels 300-32-001A and 300-32-001D), are capable of reaching property owners and those traveling on 99th Avenue across the proposed buffer zone. (99 1h Avenue crosses the following landowners' parcels (300-32- 002N, 300-32-002P and 300-32-002E) I have captured Google Earth pictures and distances (if you are interested) that verify the following "at risk" ranges. Furthermore, weapons fired from the altitude of helicopters have the potential to travel further than those fired from the ground at a stationary target. Videos also indicate that weapons are fired not only in the berms, but outside as well. I have highlighted the areas most at risk and have Google Earth pictures to verify that if you are interested. The distances: a. map la = —1280 yards (300-32-002E) Langley berm 2 —from air firing range b. map lb = -990 yards (300-32-002E) Langley berm 1 — from ground firing range c. map 2a= —1480 yards (300-32-002T) Lee berm 2 —from air firing range d. map 2b= —1160 yards (300-32-002T) Lee berm 1 —from ground firing range e. Ground fired test range to 99th Ave (public way) = 880 yards Google Earth view attached f. Aerial test range to 99th Ave (public way) = 1370 yards 6. There is increased risk as the Gatling guns are often fired by untrained personnel. Dillon Aero offers three day trainings (one day on site) using live ammunition to educate and train those using the Gatling guns. http://www.dillonaero.com/training.html . One misfire (even if it were for one second), would send a barrage of bullets (at least 50 shells) toward an unintended target. PUBLIC ACCESS AND RIGHTS OF WAY: 7. Several years ago, one of the landowners and her companion were traveling on 99 th Ave. They saw two Huey helicopters overhead. One flew in front of them about 500', circled around and landed about 100 yards away. Another helicopter circled overhead the whole time. Both helicopters had Gatling guns externally mounted. A man dressed in military garb got out of the Huey, ran over to the driver's side of the truck and told them they needed to leave the area immediately. When this was presented at the Planning and Zoning meeting, Dillon Aero stated that they no longer do that. They stated that they simply suspend operations when someone is in the area. Planning and Zoning accepted that simple statement as a protection for the public good. (I find it difficult to imagine that when Dillon brings one of their clients to the test site to train or exhibit their weaponry that they will simply sit idly while we visit our property or someone travels leisurely down 99 th avenue. This is untenable coming from someone who has been operating illegally for the last 20 years and has demonstrated lack of concern for public safety. 8. Another property owner, an area resident further to the west, but still within 300 feet of Dillon's property, was stopped at the approach to his property and questioned about where he was headed. He explained that he lived there and was allowed to proceed to his home. ABOUT US: 9. The five of us who own the approximately 30 acres, bought the land because of its beauty and solitude. The parcels abut a low mountain range to the rear and have numerous large Saguaro cacti growing on the slope of the land. Each land owner paid a premium for these features as it contributed to the ambiance of the property. Furthermore, the fact that it was surrounded by agriculturally zoned land and BLM property (Sonoran National Monument), provided assurance that the quiet beauty and solitude of the landscape would remain 2 intact. This is no longer the case. Dillon Aero, by their actions, has physically altered the landscape (See Google Earth-Flying Bucket Ranch), taken away our hopes for using our land as we had hoped, and has put current property owns and others at risk of bodily harm. Most of us have our retirement tied up in our land. Four of us had plans to build on the property. One of us, an educator nearing retirement, planned to build a camp and a small retreat house. Another, also nearing retirement, planned to have a mini-ranch for his family. Another owner, a semi-retired teacher, had active plans to build an off-grid house. These plans are no longer feasible as Dillon Aero's actions have impacted our right to quiet enjoyment. We no longer feel safe nor welcome in what feels like a hostile environment. The potential use and future value of our property has been permanently altered. We can't even sell our property without disclosing Dillon's actions. This renders our property unusable, unmarketable and of no value to anyone but Dillon Aero. 10. Each land owner pays a few hundred dollars in real estate taxes per year compared to the millions of dollars Dillon Aero claims to pay to the city of Scottsdale and Maricopa County. We do not feel that our concerns are being given equal consideration. SELF GOVERNANCE AND THE PUBLIC TRUST: a. Because they have been self-regulating, Dillon determined that 8 foot berms are sufficient to guard the public safety along the BLM land border. While firing the guns into the berms, Dillon Aero has "spilled over" onto BLM land thus causing the BLM to order then to construct 20 foot berms along the BLM border lands. Will they be required to construct these same berms on the public side? There was no mention of it at the Planning and Zoning meeting. Dillon Aero should not be in charge with safeguarding public as they have proven sorely lacking in concern for the public good. b. Dillon Aero has taken it upon themselves to restrict public access to a public thoroughfare (99 t1 Avenue) to enable their munitions testing to continue. Is the public trust really ensured when they claim they will simply suspend operations if they notice someone traveling down 99 th Avenue or if they happen to notice us on our property? c. Is it unreasonable to expect property owners or the public to trust someone who has not abided by the laws of the land to honor an already inadequate buffer zone? d. Dillon Aero has operated illegally, in its own self-interest, without regard to their neighbors or the zoning laws, for the last 20 years. Not once did they or their representative reach out to their neighbors to notify them of their actions or to discuss any details of their operations. (Yesterday, 9/27, after one of the landowners spoke with someone on the Board of Supervisors, Dillon Aero scheduled a meeting with the landowners for this Friday 09/30.) As landowners, we do not stand in opposition to the contribution Dillon Aero provides for the protection of our nation or those of foreign lands. We do oppose Dillon's business practices, their unwillingness to carefully guard the public safety or to notify or negotiate the safe and fair treatment of the neighbors in the area who have been adversely affected by their operators. This is a major, well-healed company who could well-afford to treat their neighbors considerately, safely and fairly. After the Planning and Zoning meeting, Chris Dillon, approached the landowners and offered us an invitation to tour their operations. Feeling weighted own with the limited options available to us, I respectfully declined his offer and asked if Dillon Aero would be interested in negotiating a sale with us. He indicated he would be willing to "entertain" that and suggested we contact Greg Aguirre, which I did on the landowners behalf. Greg informed me that he could not negotiate with the property owners and suggested I write a proposal that he would forward to the Dillon family. On 09/09/16 I submitted the attached letter, which Greg assured me he had forwarded. Until yesterday, after we called the Board of Supervisors and indicated that Dillon Aero's claim that they had contacted the property owners was untrue, we had heard nothing from the Dillon family. 3 I have repeated the events as objectively as I can, but we are scared for our safety and other citizens using 99 th Avenue. Our safety concerns have not been heard by the Planning and Zoning commission who is recommending the Board of Supervisors approve this rezone at the October 5 th Board of Supervisor's meeting. I would welcome an opportunity to discuss this further, please. Carla Lee 480-577-1842 4 .•/- 1320 300-32-001C ../- 1320 300-32-001A 300-32-001D •/- . 1320 Nadia Rodriguez - COBX From: Carla Lee <carlee@cox.net > Sent: Friday, September 09, 2016 3:25 PM To: greg.aguirre@dillonaero.com Subject: Request to begin negotiations Thank you for your time today, Greg. I appreciate your willingness to forward my email to the Dillon family on behalf of the other landowners. As you likely know, we experienced a range of feelings about the outcome of yesterday's Planning and Zoning meeting. While we appreciate Chris Dillon's invitation to view the Dillon operations, we respectfully decline, for now, to focus on our next moves before the Board of Supervisors' meeting October 5 th . As I mentioned to Chris yesterday, none of us begrudge Dillon's success. We understand the need for your work toward our national security. What is challenging for us is that Dillon's operations directly impact the future plans of our families. I am an educator, as is another of the landowners. Two are semi-retired, and as one of the other property owners claimed, "We're just working people." The majority of us had hoped to build and/or retire on our property. Several of us are nearing retirement so those plans were not too far off. Admittedly we spent a premium price for our land, but we did so due to the incredible beauty of the low mountain range to the rear of the parcels and the abundant number of large Saguaro cacti growing on the slopes. The fact that our property was surrounded by agricultural and BLM land (Sonoran National Monument), provided assurance that the solitude of the landscape would remain intact. This is no longer the case, and we now have few options as none of us are comfortable building there, nor is the property of value to anyone but Dillon Aero. I've communicated with the other property owners and there is interest in seeing if we can find a win/win for all of us -- one that would allow you to continue your work unimpeded and to provide us the resources we would need to move forward. We remain hopeful, as you consider an offer to buy our properties that the Dillon company philosophy as stated by Mike Dillon in the "History of Dillon Precision," will extend to us. He stated, "You treat other people the way you want to be treated." We experienced a degree of this yesterday when Chris Dillon approached our circle of landowners to offer his hand and invitation. He said, that he doesn't like to have (I believe his words were) contentious relationships. We are hopeful that we can come to some agreement that will allow you to continue your important work and offer us the compensation to begin anew somewhere else. I look forward to hearing from you, and will keep the other property owners informed of our negotiations. Regards, Carla Lee 480-577-1842 carlee@cox.net Nadia Rodriguez - COBX From: Carla Lee <carlee@cox.net > Sent: Saturday, September 24, 2016 3:37 PM To: 'Carla Lee' Subject: Distance measurements and more images Attachments: Carla property - Dillon Aerial Test to 99th.pdf; Carla property - Dillon Ground Test to 99th.pdf Gnd Test area to 99th Ave = —880 yards Aerial Test area to 99th Ave = —1370 yards 1