County sets up meeting with DCNR on amphitheater project
Despite an assertion from Fayette County commissioner Sean M. Cavanagh that all that is happening with the proposed movie studio deal in Wharton Township is talk, commission chairman Vincent A. Vicites announced Thursday that a meeting date has been set with the state Department of Conservation and Natural Resources. Vicites has said that cooperation with the DCNR is essential to finalizing the deal with Fayette Films LLC, which plans to convert the vacant Great Meadows Amphitheater site and surrounding acreage into a movie production studio and tourist attraction. Although the 6.1 acre piece of property which includes the amphitheater is free from restrictions, the 122-acre piece that surrounds it is encumbered with deed restrictions that apparently are not compatible with the company’s plans for the site.
Vicites said he is protecting the interests of the county.
“We need to proceed by keeping focused and keep moving forward,” he said. However, Vicites cautioned against taking a wrong turn. “We don’t want a white elephant with a black eye,” he said.
During Thursday’s commissioners meeting, Vicites said the meeting is scheduled for 2 p.m. on Monday, Sept. 23, in Harrisburg. He said Larry Williamson of the DCNR is responsible for notifying the participants. Williamson said the meeting will include the commissioners and representatives from the DCNR and the National Park Service. Fort Necessity borders a small section of the property and park superintendent Joann Hanley has raised concerns about the proposal. Vicites said he is hopeful that after the DCNR meeting they can chart a better course.
However, Commissioner Ronald M. Nehls, the county’s lead man on the project, has said that he will not attend the meeting. Nehls said although it appears to be cooperative thing with all the commissioners on board, the game plans vary. Nehls is advocating signing an agreement for the entire acreage with restrictions and Vicites is advocating waiting until the restrictions are lifted.
The people involved with Fayette Films include writer and studio developer Jason Thomas; Uniontown attorney Ira B. Coldren Jr. and Hollywood-based real estate mogul Barry Schlesinger and his wife Doris Keating-Schlesinger, a veteran movie producer.
Nehls said the commssioners have a company that wants to begin work and they have an opportunity to get the project under way. He said his feeling is that if they wait until the restrictions are lifted, the project won’t be there.
“We need to find language to allow us to come to an agreement,” Nehls said.
“We’ve decided to see this thing through,” Thomas said Thursday. He said a consideration is purchasing the amphitheater now but a concern is what would happen if money is invested and then the restrictions are not lifted on the remaining property and it couldn’t be purchased.
County solicitor Joseph E. Ferens Jr. said he is working carefully while protecting the citizens of Fayette County. He said for two weeks he basically did nothing else except work on the agreement.
“I don’t know if the buyers are cognizant of dealing with state agencies but it’s all coming closer with each passing day,” Ferens said.
If anything contrary to the recreation, conservation or open space use is done on the 122 acres, the county is liable to pay fees equal to the grant amount the state originally gave the county for the property in 1967 plus 6 percent interest compounded annually from the time the grant was awarded. Although Nehls earlier produced a figure of $297,000, Williamson did not have a definite figure Thursday.
In order for the deed restrictions to be lifted, legislation must be passed by the state House of Representatives and Senate. The DCNR then makes a recommendation to the governor. Williamson said the process could take from two to six months.
Commissioner Sean M. Cavanagh vowed to send a letter Thursday afternoon to state Sen. Rich Kasunic (D-Dunbar) and local state representatives asking them to help in getting the property restrictions lifted.
“Now we don’t have the title free and clear. We have to remove the restrictions,” he said. “Ron Nehls said it best. There is no reason why the senator and representatives should not want to pass legislation to remove restrictions,” Cavanagh said. He added that unless there are political motives, it is in everyone’s best interest to get the property on the tax rolls.
“To me its one big turf war,” Cavanagh said. “We have to be prudent.” He said nothing can happen until the restrictions are lifted.
During public comment period of Thursday’s meeting, Ralph Mazza questioned the commissioners about the proposed development.
In response to Mazza’s questions, Ferens said Fayette Films is a start-up limited liability company that he doesn’t believe has a financial statement. Ferens said a lease is being negotiated that will contain an option to purchase.
Ferens said anyone could pull out of an agreement, but if the terms are not met, the agreement is terminated.
“It’s a convoluted situation,” Ferens said. He explained that it would be very easy if it were a clear piece of property, but the issues include dealing with money borrowed from state and restrictions on the land as well as governmental agencies and the battlefield.
“We’re trying to ally all the fears of the three county commissioners, the government agencies and the citizens and get the project done,” Ferens said.
When Mazza asked if anyone had researched the background of projects in Nevada and North Carolina, Nehls said he spoke with the director of the North Carolina film office regarding the individuals involved with the Fayette Film project. Nehls said the director spoke highly of Jason Thomas and said that he ran successful projects for 10 years in the state. Nehls said he also spoke with a North Carolina county commissioner who said Thomas has an amazing knowledge of the motion picture industry and an ability to get things together.