Sale of county amphitheater property gains support
Fayette County Commissioner Ronald M. Nehls gained support Thursday from fellow Commissioner Sean M. Cavanagh to put the sale of the property surrounding the Great Meadows Amphitheater on the fast track. The action comes on the heels of Nehls’ announcement during Tuesday’s agenda meeting that the owner of the Woodland Zoo wants to move his business to the Wharton Township property.
Nehls attempted to amend Thursday’s agenda to include a consideration for sale of the property to Darwin “Sonny” Herring but was unable to do so without the support of both of his colleagues. While Cavanagh was in favor of amending the agenda to move forward, Commission Chairman Vincent A. Vicites said he needed more time. A unanimous vote is needed to amend the agenda.
Cavanagh then told Vicites he was delaying the inevitable, because he would be willing to get together with Nehls and plan a special meeting to vote on the request.
“I would rather do it now,” Cavanagh said, adding that the county finally has somebody viable who wants to make an offer on the dormant property.
“He wants to put $600,000 in our pocket. We need to find a way to make it happen,” Cavanagh said. “Show me the money. If we can’t do it, we can give the money back.”
In a proposal from Woodland Zoo & More Inc., Jill and Darwin E. Herring II plan to purchase two parcels of more than 121 acres around the amphitheater to use as a zoo.
The proposal also calls for entering into a lease agreement with the county for the 6.1 acres that include the 1,200-seat amphitheater.
The Herrings propose to pay a price equal to fair market value. When the county attempted to sell the property last year, the average of two appraisals put the property value at $618,000.
When the county attempted to sell the property to Fayette Films LLC last year to use as a movie production studio, problems arose because deed restrictions limit the use of the land, and legislation is needed to lift the restrictions. Officials of neighboring Fort Necessity and others objected to the film company’s plans, and neither state Sen. Richard Kasunic (D-Dunbar) nor state Rep. Larry Roberts (D-South Union) proposed legislation to lift the restrictions.
While Fayette Films entered into a lease last November, the company finally ditched its plans a few months ago after the deed restrictions weren’t lifted in a timely manner.
In declining to move forward with plans to amend the agenda to sell the county property, Vicites said he needed to speak with Larry Williamson of the state Department of Conservation and Natural Resources about the issue. During Fayette Films’ negotiations, Williamson said selling the land without lifting the deed restrictions could result in fines of $930,000.
“To go and sell it without talking to the state wouldn’t be prudent,” Vicites said.
However, Nehls said Thursday that the amount of the fines is much less, or about $93,000. After Vicites said he wanted to talk with Kasunic, Nehls said doing so probably would not do much good.
“We asked a year ago to lift the limitations. How long do we have to wait?” he said.
Nehls said the commissioners need to decide what their intention is with the property, if they want to sell it or let it sit there and waste away.
Cavanagh said that contingencies could be placed in the sales agreement to protect the county. He said if Kasunic and Roberts don’t want to pass legislation, there is no sense in wasting more time.
“I say let’s make a deal,” Cavanagh said, noting that Herring has expressed a willing to pay half of the penalties and that selling the property will help a Fayette County business.
Vicites, who first learned of the proposal on Tuesday, said he doesn’t have a problem with a special meeting, but he just wants to know about any possible ramifications.
Solicitor Joseph E. Ferens Jr. said he spent a considerable amount of time on the issue when Fayette Films was trying to buy the land, but he conceded that he doesn’t have enough facts about the penalty amount. However, he said he could do a sales agreement with contingencies.
“I think issues need to be clarified. We’re talking about a lot of money, and there seems to be a lot of unanswered questions,” Ferens said.
Herring, who attended the meeting, said he believes there is a provision in the law in which the state will lift the restrictions if the original grant price plus interest payment is paid. He said Vicites’ concern about future property from the state shouldn’t have a bearing on the issue.
While Cavanagh said he wanted to hold a special meeting next week, Nehls will be unavailable and said he would like to schedule a meeting before Aug. 8. Vicites said he is interested in looking into the issue and is trying to do his “due diligence.”
After the meeting, Herring said he wants to use the amphitheater as intended, for shows.
He foresees animal demonstrations that could be used in conjunction with the zoo.
His current zoo, which covers 7 acres, contains about 100 animals and is open seven days a week, from noon to dusk.
Herring said the zoo, located off Route 381 south, specializes in North American animals that were native to Pennsylvania, although other animals include reindeer, black leopards and ostriches.
“We educate people about animals in their own back yard that they may not get to see,” he said.
He plans to use about 30 to 35 acres at the amphitheater site for a zoo, and he wants to add primates, he said.
The zoo has 20,000 visitors a year, Herring said, adding that he could expand that number with a move to the amphitheater site. Herring said there are about 300 cars a day on Gibbon Glade Road where they are now located and Route 40 has 8,000 vehicles a day.