Even Secret Is Secret

Jefferson County Tomorrow, the group opposing an inter-modal facility in New Market, has secured a copy of the confidentiality agreement that government and business leaders signed with Norfolk Southern. The group has been told all signed copies of the agreement are possessed by Norfolk Southern, with local officials taking the position they didn’t need to keep copies of an agreement they signed with an out-of-state corporation.

Norfolk Southern has refused to release the agreements.

But the group has obtained a copy of an unsigned legal document and agreement between Dr. R.E. Martinez, a vice president of Norfolk Southern, and local officials for an unnamed place located in Tennessee, otherwise known as “the Project.”

The agreement calls for no disclosure of information and no disclosure that a non-disclosure agreement exists—and if there is a possibility of information being disclosed, the company had to be told in time for them to obtain an injunction and stop the release of the information.

The agreement makes clear there “is no obligation to consummate a deal.”

“In consideration of the promises and covenants set forth herein, and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged the parties agree” to this agreement of confidentiality.

New Market residents are opposed to Norfolk Southern’s plan to convert 1,300 acres of farmland into a station to load and unload trailer trucks on railroad cars along with an extensive warehouse industrial park, arguing it should be located in an existing industrial area.

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