Commissioners view draft agreement as starting point in amphitheater effort
Fayette County officials are calling a draft agreement from the state regarding the Great Meadows Amphitheater property a starting point that will hopefully lead to a contract with Fayette Films LLC. Fayette County Commission Chairman Vincent A. Vicites has stressed that involvement from the Department of Conservation and Natural Resources is essential for the proposal to come to fruition. As a way to move forward, Vicites arranged for a meeting last month with county, DCNR and National Park Service officials to discuss the proposal.
Fayette Films plans to turn the long-vacant 1,500-seat outdoor amphitheater and surrounding acreage into a movie production studio and tourist attraction. Commissioner Ronald M. Nehls has been pushing for an agreement, saying the project will have a tremendous positive financial effect on the county.
However, the issue isn’t as simple as signing a lease or purchase agreement.
The 6.1 acres that house the Wharton Township amphitheater and parking lots are not restricted, but an additional 127.2 acres the county owns are under state-imposed deed restrictions that prohibit business uses. The deed restrictions were imposed in the 1960s, when the county acquired the land under a state grant program. They limit the use on the property to recreation, conservation and open space.
Joanne Hanley, superintendent of neighboring Fort Necessity National Battlefield, has voiced concerns about the proposal. The main issues of contention are viewsheds, noise and the preservation of Braddock’s Trail.
Although the deed restrictions must be lifted and a restitution agreement must be made with the DCNR before the property can be leased or sold, work has been under way to find a solution that will allow the film company to begin work before the deed restrictions are lifted.
Lifting the restrictions requires legislative action. That separate process is expected to take two to six months.
On Thursday, Larry Williamson, director of the Bureau of Recreation and Conservation for the DCNR, forwarded his compilation to the county.
Vicites said two options dealing with the issue are presented. The first addresses 30 to 40 acres near the Route 40 entrance to the property that contains the Braddock Trail. Williamson proposed either leaving that property deed-restricted or selling it to the National Park Service. The remaining property could be leased or sold to Fayette Films.
The other option calls for simply doing whatever it takes to lift the restrictions on the entire property and include all the land in the agreement. Vicites said DCNR is encouraging the first option, which he called a “win-win situation for everyone.”
Vicites said after the commissioners voice their concerns about the draft, they should sit down with county solicitor Joseph E. Ferens Jr. to “come up with a final position” and then speak with Fayette Films to get their input.
Vicites said the commissioners must come to an agreement soon, because without specific language dealing with the deed-restricted land, the county could be liable for penalties if something inappropriate under the restrictions is done on the property. Those fines are estimated at $923,000.
Noting that much negotiating must be done, Nehls said 90 percent of the proposal is really good, 10 percent is really bad and of that 10 percent, 5 percent is unacceptable.
Nehls said he disagrees with a proposal to put restrictions on the 6.1 acres that contain the amphitheater, although he was unsure what the restrictions are because they were not spelled out.
“We’re negotiating with a phantom,” he said. “Let’s quit playing.”
Nehls said he will make sure the county solicitor and Fayette Films each get a copy. He said they will have to go back to the table after the three commissioners meet to discuss where they stand.
Although Nehls said he is committed to reaching an agreement, he realizes he is only one vote out of three.
“Wherever it goes, it goes,” he said.
Commissioner Sean M. Cavanagh said Friday afternoon that he had not yet seen the proposal. However, he said he is committed to development at the site.
“My goal is to work something out if we can make it happen, because nothing is happening up there now,” he said.
Neither Williamson nor Jason Thomas, the spokesman and a member of Fayette Films, could be reached for comment. Thomas earlier said the company is committed to the project and wants to begin as soon as possible.