Commissioners disagree on Wharton amphitheater deal
While all three of the Fayette County commissioners maintain they are in favor of converting the Great Meadows Amphitheater into a movie production studio and tourist site, they are not in agreement about how to go about securing the deal. Fayette Films LLC, is interested in purchasing the 6.1 acre piece of property that holds the Wharton Township amphitheater, as well as the surrounding 122 acres. The problem is that the county does not hold a free and clear deed to the 122-acre property. Under a deal with the state, it is currently limited to historic, conservation and recreation uses.
Although issues such as a building height limitation, the type of films that will be made on the site and price have been ironed out, exactly what terms should be in the agreement haven’t been.
Commissioner Ronald M. Nehls, the lead commissioner on the project, said Tuesday that he has signed an agreement that stipulates that Fayette Films couldn’t use the 122 acres until the deed restrictions are lifted.
However, commission chairman Vincent A. Vicites believes the property should not be turned over to the film company until the deed restrictions are lifted. He suggested instead leasing the 6.1 acres to Fayette Films now and dealing with the other property when the deed restrictions are lifted.
During the agenda meeting Tuesday, both Vicites and Nehls said Larry Williamson of the state Department of Conservation and Natural Resources has agreed with their way of doing the agreement.
Williamson, the director of the Bureau of Recreation and Conservation, said both Vicites and Nehls are right, but they are comparing apples and oranges.
He said an agreement limiting the use of the property until the deed restrictions are limited would be fine, but it doesn’t resolve the issue. If violations occur on the property, the county is still responsible for the fines, Williamson said.
Vicites said it isn’t a typical two party agreement. He said if the restrictions are violated, the county would be liable for the original 1967 sale price multiplied times a semi-annual compounded interest rate. Nehls said he figures the amount to be $297,000. Vicites advocated meeting with the DCNR soon.
Williamson confirmed that a meeting date is on the horizon. He said to lift the restrictions, a state legislator must introduce legislation and it must then receive approval from the state house and senate. He said when the legislation makes it to the governor’s desk, DCNR makes a recommendation. He said the process could take two to six months.
Commissioner Sean M. Cavanagh said he is willing to work with the members in the film company to finalize a deal. However, he said he has to protect his constituents. Cavanagh said they need to sit down face to face with the film company. He said one of the holdups with the agreement is that a member of the film company, attorney Ira B. Coldren Jr., drafted the lease.
Cavanagh said county solicitor Joseph Ferens Jr. is doing his job by fine tuning the lease.
“We can’t just say, Ira Coldren drafted a lease, lets sign it,” Cavanagh said.
Cavanagh said he resented an implication made last week that if the deal wasn’t signed, it was off. However, Nehls said he suggested using that tactic, not the film company.
“Every day this continues on, they lose money,” Nehls said. “There is a sense of urgency.”
Nehls said it is a good deal for the county that will come with numerous fringe benefits.
“I feel like I’ve been on another planet for last two months,” he said. Nehls said the project is all about tourism. He said one of the partners, Barry Schlesinger, also wants to do a “town center” in downtown Uniontown that would bring in retail shops and revenue. Nehls said Schlesinger was involved in the construction of the World Trade Center and his company has malls and office buildings in 37 states.
“It’s about tourism,” Nehls said. “I thought the opportunity was tremendous.”
Nehls cautioned the other commissioners, who advocated patience, that the deal my not happen if it doesn’t happen soon.
Vicites and Cavanagh both stressed that Fayette Films is the only company to express an interest in the unused property, but expressed a need to not do anything to subject the county to litigation.
“Rome wasn’t built in a day,” Cavanagh said. He said they need to go to state Sen. Rich Kasunic (D-Dunbar) and they need to get the restrictions lifted.
However, millionaire philanthropist Robert Eberly recently sent a letter to Kasunic and the Republican head of the state Senate asking not to lift the deed restrictions because the project could pose a threat to nearby Fort Necessity. Joann Hanley, superintendent of Fort Necessity, has also expressed concern with the project.
Vicites said he will put his faith and trust in the DCNR. Cavanagh said if Fayette Films backs out, they could always get the deed restrictions lifted and market the property to another Hollywood entity.
“Just because I’m a country commissioner doesn’t mean I’m a fool,” Cavanagh said. He added that he wants to give Fayette Films every opportunity to fulfill their agreement. But he said, “Jason Thomas is not going to dictate terms from his Wyoming ranch.”
Vicites said they should have met with DCNR a long time ago. “My number one concern is protecting the interest of Fayette County and its taxpayers,” Vicites said. ” We don’t want to alienate DCNR. If we do, the project is dead in the water.”
Cavanagh agreed. “We have to go to DCNR and the legislators, and we need to send letters stating that we want the restrictions off. We’re not here to squelch any deals.”
Cavanagh also questioned the decades old restrictions. “What are we restricting except the deer and the antelope that play up there?” he asked.
Nehls said the deal is a “no-brainer.” He suggested that Eberly didn’t write the letter and pointed out that the wording was the same as that in a prepared statement read by Hanley. The township zoning hearing board and planning commission have already voted to allow for changes to allow the proposed development, despite objections from Hanley.
After the meeting, all three commissioners agreed to send letters urging the lifting of the restrictions to local legislators, although Nehls said he wouldn’t attend a meeting with the DCNR in Harrisburg.