Wild Escape Theme Park: Charlie Foxtrot Redux

Wild Escape is all over the internet. Googling it nets 339,000 results. It’s even talked about at Kings Island Central. In October, The Interpreter said, “You would think they might have learned SOMETHING from Hard Rock Park.” RailRider replied, “Learn SOMETHING,,, ha, this whole plan from day one has been we are different, we are better, we are not effected, the park will go on. Every single park that has opened and failed has the same mindset and rather than deal with the issues pushing against success they continue to move on. Out of sight, out of mind.” At the Gazette, we agree. You’d think they might have learned SOMETHING. It’s been going on since September 2006. But they didn’t. And Mr. O’Brien just sent a new opposition to the storm water permit for Wild Escape. It’s those streams, wildlife and woodlands. And other things. To read it, click here. Charlie Foxtrot Redux.

Wild Escape Theme Park: Charlie Foxtrot

The story broke late Friday afternoon on September 12th. TV-7 News. “We have just learned there is good news tonight concerning the Wild Escape Theme Park to be built at the Highlands. Ohio County Administrator Greg Stewart tells 7 News the US Army Corps of Engineers has approved the permit for the park. Stewart says they have cleared a big step toward making the theme park a reality, but now need to turn their attention to getting permits approved by the state Department of Environmental Protection. Stewart says he believes they are over the hardest part of the process.” The report was “Permit Approved For Ohio County Wild Escape Theme Park.” Confirmed the next day in the Intelligencer. “‘This is a major milestone. This is a good milestone,’ [Steve] Minard said Friday of the draft permit.’ … ‘We're happy to reach this milestone,’ said Ohio County Administrator Greg Stewart. ‘But we still have to go through the DEP permit process.’” The story was “Wild Escape’s ‘Draft Permit’ Approved.” On Monday, a News Release from the Corps of Engineers. With a note of caution. “Once the permit is accepted by OCDA, the agency must obtain a WV Department of Environmental Protection Section 401 Water Quality Certification, a Section 402 National Pollutant Discharge Elimination System Permit and provide financial assurances for the Middle Wheeling Creek restoration areas before this phase of construction can begin.” What could go wrong? A press release from David O’Brien of New Jersey on Halloween:

“I have been locked in a battle with the Ohio County Commission since I was first contacted by Ohio County Administrator Greg Stewart with an offer to buy my land in July 2006. As many now know, the land is adjacent to the proposed Wild Escape Theme Park. Mr. Stewart’s offer for my 20 acres was only $15,000. At our first meeting, Mr. Stewart refused to negotiate the purchase price stating that he would take what he needed for a road and leave the rest. In February 2007, Ohio County Commissioner Tim McCormick repeated the threat to take my land by eminent domain if I was unwilling to accept what he wanted to pay.

In order to protect my land, I was forced to investigate and expose environmental misconduct by the Ohio County Development Authority at the Highlands. I submitted written oppositions to federal and state environmental permits raising issues ranging from prior misconduct to construction plans which included my property. With the hard work of federal and state regulators, many of these issues have been resolved including the removal of the theme park access road and a retaining wall from my property. In order to build the theme park around my land, the Ohio County Commission will reportedly spend an extra $32,000,000.

This process has been very time consuming. It has now lasted over two years. I fear it has also hurt the good people of Ohio County. Since walking away from negotiations in August 2007, the Ohio County Commission has steadfastly refused my overtures to resolve our dispute amicably. Although paying $10,000,000 to Fort Henry Business & Industrial Centre, Inc. for land surrounding mine, they refuse to pay fair market value for my property and the adjacent land they need. Instead they have raised my taxes and are positioning themselves to be able to use eminent domain against me in the future for a new interchange on Interstate 70.

There still remain outstanding environmental issues including prior non-permitted stream fills, inadequate mitigation for prior and current stream fills, continued maintenance of storm water ponds after construction, and the destruction of streams supporting the fauna and flora on my land. Earlier today, as a result of the unreasonable and continuing unwillingness of the Ohio County Commission to discuss and resolve these and other issues, I was forced to appeal the recent issuance of 401 State Water Quality Certification for the Wild Escape Theme Park by the W. Va. Department of Environmental Protection.”

What’s next for Wild Escape? It’s a little scary. We’re told the administrative process is shortest. And it’s been over two years. Litigation takes forever. A battle over state permits could take two or three years in state court. If Wild Escape gets the state permits, the Corps of Engineers will issue the federal permit. The battle then shifts to federal court for two or three years. Five to six years before construction can begin on Wild Escape. If they win in both state and federal court. If Mr. Minard is still around. At the Gazette, we hope there is some sort of settlement. Now. Not two, four or six years from now. But we don’t expect one. Both sides are entrenched. Both have spent time and money for over two years. A lot. Neither may compromise. Neither trusts the other. Mr. O’Brien will never allow the County to take his land by eminent domain. The County will never buy the land. They want to take it. To prove they’re right. Commissioner David Sims once said, “Since we began this project, the naysayers have thrown road blocks in front of us at every turn. We just keep jumping over them and moving forward.” Slowly. Very slowly. And the taxpayers pick up the tab. And Wild Escape may never be built. And businesses have another reason to stay away, far away from West Virginia. That's why we say, google charlie foxtrot.

O Records, Records, Wherefore Art Thou Records?

The Intelligencer editorial banner stated with customary reserve, “Public Has Right to Know.” “We don't ask for documents and reports - and we don't demand access to meetings of government officials - simply to be difficult. We do so because we have an obligation to keep the public informed on how government operates. We do so because our readers deserve to have the information. When we are told, ‘You can't have that report’ or ‘You can't attend this meeting,’ it is, in effect, a slap in the face to you, the public,” the editorial read. The editor didn’t disclose what government agency was withholding the report. Or what report was being withheld. At the Gazette, we thought of the County. And their refusal to produce the County’s Annual TIF Report for June 30, 2007. It’s a report to the W. Va. Development Office and Legislature which by statute must be posted on the internet. The statute is W. Va. Code Section 7-11B-15(b)(1). But it wasn’t on the internet. The paper let the issue drop after the editorial. No investigative report about records being hidden from the public. Nothing further. About a month later, the County’s Annual TIF Report for June 30, 2007, was posted at the Gazette.

The editorial underscored a battle that’s been brewing since mid Summer. Another clash in the war between David O’Brien of New Jersey and Tim McCormick, David Sims and Randy Wharton of the Ohio County Commission. On July 9th, Mr. O’Brien sent a request for documents under the W. Va. Freedom of Information Act to Mr. Sims as President of the Ohio County Development Authority. A FOIA Request. The FOIA appears at W. Va. Code Sections 29B-1-1 to 29B-1-7. Mr. Sims answered by letter objecting that the request was “not reasonably specific” on July 17, 2008. The amended FOIA Request to Mr. McCormick of the Ohio County Commission was sent by Mr. O’Brien on August 27th. It was specific. Excruciatingly detailed and specific. Mr. Sims got what he asked for. Did the County produce the records? No. They hired lawyer Donald Nickerson at Jackson Kelly. At the taxpayer’s expense. On September 24th, Lawyer Nickerson responded by letter that he was reviewing the documents. Nothing further to date. Despite the statutory mandate that the records must be produced or the request denied within 5 weekdays after receipt. W. Va. Code Section 29B-1-3(4).

Let’s be crystal clear. These are public records. Many are required by statute to be available to the public in the county clerk’s office. Or on the internet. What are they hiding? We have no clue. Maybe they just feel like fighting. Why would they do that? The editorial got it right. Arrogance. And they have all that money from leases, property taxes and sales taxes at the Highlands. How does it end? We don’t know. The FOIA gives Mr. O’Brien the right to file a lawsuit. If he wins, he gets his attorney fees and court costs at the taxpayers’ expense. At the Gazette, we’re afraid any lawsuit under the FOIA would quickly spread to permitting and financing at the Highlands. There’s also what the military calls asymmetric warfare. The FOIA has criminal penalties. If found to have willfully violated the FOIA, Mr. McCormick could be guilty of a misdemeanor with a fine of up to $1,000 and imprisonment in the county jail for up to 20 days. W. Va. Code Section 29B-1-6. If convicted, he could also loose his teaching certificate. We noticed the draft permit from the DEP for Wild Escape went back to public notice. The original story was “The Animals Went in Two by Two.” There could be more delays for Wild Escape. And only God knows what else could happen. For that’s the beauty and utility of asymmetric warfare. So we beseech the County. O records, records, wherefore art thou records?

Yes Virginia, There Is A Santa Claus

His name is Robert Ellsworth “Bob” Wise. The Governor of West Virginia from 2001 to 2005. A democrat. Born in Washington, DC. Educated at Duke and Tulane. Why Santa Claus, you ask? We’ll tell you. He created the ultimate tax and spender’s dream. The free lunch supreme. A super-sized Big Mac. And he gave it to the Ohio County Commission. And only the Ohio County Commission. Without oversight. Nary a string. None.

Those in the know will immediately think of the W. Va. Tax Increment Financing Act of 2002. It’s in W. Va. Code Sections 7-11B-1 to 7-11B-28. Known as the TIF. It allows county commissions and some municipalities to create development or redevelopment districts for the purpose of selling bonds to promote development within the districts. The principal and interest on the bonds is then repaid using the increase in property taxes which occurs because of the development. The Highlands is a TIF District. How does it work? A simplified example. That vacant, worthless 21.61 acres of land that once yielded around $88 in taxes a year should generate about $368,766 in real property taxes a year when it has a shiny new Wal-Mart Supercenter. The extra $368,678 goes to repay the bonds sold to level the land and build the Supercenter. Bonds which may have been sold to Wal-Mart in the first place. It also applies to personal property taxes which were zero before the arrival of Wal-Mart. It should make a lot of money for the County. In theory. The reality? There’s things like tax free ownership of land by the County that reduces the revenue. So, according to the State Auditor’s report for the Ohio County Commission in 2007, the County collected $610,097 from the Property TIF Tax Fund in Fiscal Year 2007 (BTW, a Fiscal Year (FY) ends on June 30th and begins on July 1st of the previous year). And the County had outstanding Property TIF Revenue Bonds in the amount of $9,300,000 as of June 30, 2007. That’s a lot of money to Joe the Plumber. But it’s chump change to the County. Not a super-sized Big Mac. And it comes with strings. The W. Va. Development Office must approve all the plans. And it’s used all over West Virginia. TIF Districts exist in Huntington, Morgantown, Parkersburg and even little ole Wheeling.

No. The sweetheart deal for the Ohio County Commission, the free lunch supreme is the W. Va. County Economic Opportunity Development District Act of 2003. It’s in W. Va. Code Sections 7-22-1 to 7-22-21. It allows approved county commissions to create economic opportunity development districts for the purpose of selling bonds to promote development within the districts. The principal and interest on the bonds is then repaid using the sales taxes which are generated by the development. Any revenue not needed to service the debt can be used to “promote the economic vitality of the district and the general welfare of the county.” Section 7-22-5. And once the districts are approved, there are no strings. All decisions are made by the county commissions without the need for state approval. This is really powerful stuff. So powerful, the districts have to be approved by the W. Va. Development Office and the Legislature. Only one has been approved since 2003. And only one will ever be approved according to a highly placed, unnamed source at the W. Va. Department of Commerce. W. Va. Code Section 7-22-9(b) provides: “Authorizations. -- The Legislature authorizes the following county commission to levy special district excise taxes on sales of tangible personal property and services made from business locations in the following economic opportunity development districts. The Ohio County commission may levy a special district excise tax for the benefit of the "Fort Henry" economic opportunity development project district which comprises three hundred contiguous acres of land.”

What’s it all mean? The Ohio County Commission gets all the sales taxes over $100,000 collected in the economic opportunity development district at the Highlands. The County calls it a Special District Excise Tax (SDEX) area. And they can spend the money any way they want as long as it benefits the project or the county. Remember, no state strings. How big is it? Well, 300 acres. What does it include? According to the County’s Annual TIF Report for June 30, 2007, everything except WesBanco, Cracker Barrel, Country Living Log Homes and the Car Dealerships. That means the County gets all the sales taxes collected at Cabela’s, Wal-Mart, Target, Penny’s, Kohl’s, Best Buy, the restaurants and the Power Center. Even Crone’s. That why they took it from Wheeling. The County will also get all the sales taxes collected in the future at the Town Center, the Outlot Stores and the Wild Escape Theme Park. And that’s why the County wanted the AT&T Call Center and the West Liberty State College Campus at the Highlands. They don’t really care about the jobs or how little the jobs pay. They just want to increase pedestrian traffic at the Highlands. Customers for the retailers and restaurants so the County collects more and more sales taxes. How much have they received? In FY 2005 it was $3,277,867.02. In FY 2006 it was $3,251,032.13. In FY 2007 it was $5,376,987.03. In FY 2008 it was $10,085,399.45. In the first three months of FY 2009 it was $2,664,526.41. And the take will get bigger and bigger with the addition of the Town Center and Wild Escape. Every month Greg Stewart sends a requisition for payment to the State Auditor’s Office. Every month a big, fat check goes to the County’s bank account at United Bank in Charleston. Yes Virginia, there is a Santa Claus. The take so far is $24,655,812.02.

Isn’t this really very good for Ohio County? Yeh. At the Gazette, we think maybe it mostly is good. Like giving low-income minorities sub-prime mortgages to integrate suburban neighborhoods. Mostly good. You just have to watch out for the downside. Such as too much debt. As of June 30, 2007, the County had outstanding SDEX Revenue Bonds in the amount of $99,000,000 and Bond Anticipation Notes (BANs) in the amount of $51,580,000. Outstanding Property TIF Revenue Bonds in the amount of $9,300,000. Outstanding balances in the amount of $30,180,710 in their lines of credit at WesBanco, United Bank and the BB&T. The total was $190,060,710. Is that too much debt? We have no clue. We suspect the lawyer, teacher and garage owner who run the County don’t really have a clue either. But they’d certainly know at the Development Office in Charleston. Without any oversight, you also have to watch out for runaway arrogance and greed. Arrogance and greed that led the County to steal retailers from Wheeling in order to increase their own property and sales tax revenue. They make more money while the city suffers. Arrogance and greed which will lead the County to spend an extra $32,000,000 to build Wild Escape around the property owned by David O’Brien and the Jewish Memorial Park Association rather then pay $1,500,000 for the land. The story is "Wild Escape Theme Park: FUBAR." Arrogance and greed which will lead the County to spend $30,000,000 to build a new interchange on I-70 that no one but the County thinks is necessary. The story is "Stewart’s Folly: The Highlands Interchange." Arrogance and greed which have led the County to ignore their annual reports. Under the County Economic Opportunity Development District Act, the County must provide yearly status reports to the Development Office. W. Va. Code Section 7-22-11(c). We have been told the reports have never been made. According to that highly placed, unnamed source at the Department of Commerce, the Development Office has no statutory authority to force the County to provide the required reports.

At the Gazette, we believe that excessive debt, business stealing, wasteful spending, reporting failures and other abuses would end if all plans had to be approved in advance by the Development Office in Charleston. And we call on Governor Manchin and the Legislature to amend the County Economic Opportunity Development District Act to give real oversight responsibility with sharp teeth to the W. Va. Development Office. And then spread the wealth around. We’re sure they’d love to have sales tax revenue for development in Berkeley, Cabell, Kanawha, Marshall, Monongalia and Wood Counties.

Stewart’s Folly: The Highlands Interchange

It’s been nearly two months. The story in the Intelligencer was entitled, “Outlet Center Opens Today North of Washington, Pa.” It was almost an afterthought. According to Casey Junkins, Ohio County Administrator Greg “Stewart also hopes to receive the Phase V permit so the West Virginia Department of Transportation can construct a new Interstate 70 interchange to access The Highlands near the bottom of Two Mile Hill.” Quoting former New York City Mayor Rudy Giuliani, “What?” It was first announced several years ago. The public meeting was held in August 2005. It’s even in the Belomar Regional Council’s Long Range Transportation Plan for 2035. The County’s Annual TIF Report for June 30, 2007, says they spent $2,909,000 on Interchange II through FY 2007. Another $1,000,000 remaining to be spent in FY 2008. For What? Planning? Here’s one of the plans. It was supposed to be built along with the groundwork at Phase V for Wild Escape. But it won’t be. Stewart’s Folly?

The County conceded, in its application to the Federal Highway Administration (FHWA) for a new interchange, that the proposed Highlands Interchange is not currently needed for projected traffic to the Highlands. They admitted it won’t be needed until maybe 2025. The County also conceded that there is no current or reasonably projected need for an interchange which leads onto Middle Wheeling Creek Road (CR-39). The West Virginia Division of Highways (DOH) is not building the second interchange. According to one official at the DOH, it’s not necessary and probably won’t be needed for another 20 years. Steve Minard, the developer of Wild Escape, has been overheard several times saying that he doesn’t feel it’s needed. He said expected traffic to the theme park can adequately use the present Cabela’s Interchange. Lastly, the proposed Highlands Interchange has not been approved by the FHWA because the County has been unable to establish a need for a second interchange to the Highlands. According to FHWA West Virginia Division Administrator Tom Smith, the second interchange is “dormant”.

The cost of the proposed Highlands Interchange is projected by the County to be $30,000,000. Since the DOH does not believe the second interchange is necessary, the interchange will not be built using federal and state matching funds. Instead, the County will have to sell revenue bonds linked to the Wild Escape Theme Park to raise the $30,000,000. That $30,000,000, together with interest, will then be repaid using sales taxes collected from the theme park for up to 30 years. Money that would otherwise benefit the taxpayers of Ohio County and West Virginia. It will be a lot to pay for an interchange that no one but the County thinks is necessary. It’s been rumored the County wants to build the second interchange to remove trucks from the Cabela’s Interchange. But an alternative truck route might be more cost effective. The Dallas Pike Interchange already exists and is used by trucks. Fort Henry Drive already runs from the Dallas Pike Interchange to the Highlands. It should cost much less than $30,000,000 to upgrade and extend Fort Henry Drive to Bob Wise Drive for trucks. Businesses at the Highlands could then tell their delivery and pick-up trucks to only use the Dallas Pike Interchange.

The County claims a second interchange is needed to relieve congestion on I-70 caused by local traffic going to the Highlands. Even if that were true, instead of building a new interchange at $30,000,000, a cheaper solution would be to provide an alternative route for local traffic to reach the Highlands. Such a route could be built along property mostly owned by the County and lead from the Highlands to Route 40 in Triadelphia. In such a case, most people from Woodsdale east could simply take the National Road to the Highlands. The people who try to avoid using interstate highways as they age would be able to avoid I-70 and “two mile hill” by taking National Road. And people coming from West Liberty will no longer need to use Dallas Pike Road to reach the Highlands. The alternative route from Route 40 to the Highlands in Triadelphia should also reduce the congestion at the Elm Grove Interchange. Lastly, enticing eastbound traffic from Ohio to use the first Elm Grove exit on the way to the Highlands would provide more customers for businesses located along Route 40 in Elm Grove and Triadelphia.

The proposal to locate the Highlands Interchange around a blind curve at the bottom of “two mile hill” by which time westbound trucks routinely reach speeds of 80 to 90 miles per hour is a serious safety concern. It will be an even greater safety concern once the Wild Escape Theme Park is built. In light of expected traffic load when the theme park opens each day, there exists the very real possibly that stacking at the park entrance and at the “T” in the valley access road could cause traffic to back up onto the interstate. Vehicles could also be expected to stop in the right-hand travel lane while attempting to exit the highway without waiting in the exit lane. A disaster would surely occur if a westbound truck came around the blind curve and ran into stalled cars at 80 to 90 miles per hour. This dangerous situation can only be significantly reduced by building the Highlands Interchange further west of the proposed location. In that case, there would be a longer access road for stacking of cars without effecting the interstate. Westbound trucks on the interstate would also have an additional time to react to any traffic back up. But the County won’t build the new interchange further west.

Under the County’s most recent proposal, the access road leading from the proposed Highlands Interchange has been relocated from Storch’s Run to the southern side of the hill overlooking I-70. This proposed access road cuts through the Waynesburg Coal Seams at 920 to 980 feet and the Washington Coal Seam at 1020 to 1060 feet on its way to the development between Phases III and V. According to an official with the West Virginia Department of Environmental Protection (DEP), the Waynesburg and Washington Coal Seams are acid producing. Cutting through them may result in a continuous discharge of pollutants. If the discharge is below the proposed access road, it will flow down the hillside, through the culverts under I-70 and into White’s Run and Middle Wheeling Creek. The resulting effect on the Middle Wheeling Creek watershed could be incalculable. Any access road should remain in Storch’s Run where there are already sediment ponds to control acid mine drainage from the Tridell No. 3 coal mine refuse pile.

Let’s also remember one last thing. The proposed Highlands Interchange will not only lead to the Highlands. It will also lead to Middle Wheeling Creek Road in rural Ohio County. Many residents along the creek purchased their homes and farms with the desire to be away from the city. They wanted the peace and quite of rural living. With a creek in which their children and even their dogs could play. With woods in which to hunt. Away from the closeness and noise of the city. Where there is actually space between you and your neighbors. Not just setbacks. Without the noise of cars on the roads day and night. If the proposed Highlands Interchange is built, it will dramatically change the lives in untold ways of all residents up and down Middle Wheeling Creek. It will bring traffic, development and many, many more people. And a way of life will be lost forever. So… What do you think? Is the proposed Highlands Interchange a tax and spend disaster? A waste of the millions already spent? Unsafe at any speed? Ohio County’s own “bridge to nowhere”? Stewart’s Folly? We know Alaskan Governor Sarah Palin would say, “I'll betcha!”

Guess Who’s Coming To Dinner?

There’s been some criticism. We never report anything positive. We’re always having those negative vibes about the Highlands. Always down on Wild Escape. Maybe that’s sort of true. But it changes today. Labor Day. Guess who’s coming to dinner? Many, many, many retailers and restaurants. What ones? The County’s keepin’ its cards close to the vest. Maybe the News-Register. We hear they’ve known for about a week. At the Gazette, we believe in open government. Thankfully, so does State Auditor Glen Gainer. A list of businesses that may be coming to the Highlands is part of the State Auditor’s report for the Ohio County Development Authority in 2007.

Remember. These are just the retailers and restaurants the County was talking with at the end of June 2007. Women could be the big winners. Women’s fashion may include Ann Taylor, Talbots, New York & Company, Christopher & Banks, CJ Banks, Coldwater Creek and Victoria’s Secret. Men could get a Harley Davidson Shop and a John Deere Mega Store. The list also includes Banana Republic, Circuit City and everybody’s American favorite, Sears, Roebuck & Co. Additional restaurants could include Max & Erma’s, LongHorn Steakhouse and Salsarita's Fresh Cantina. Here's the complete tenant list. Not much need to go to the Ohio Valley Mall. Enjoy!

Wild Escape Theme Park: FUBAR

There’s good news and bad. First the good. The rumors were true. The County removed Wild Escape from Mr. O’Brien’s land. Lock, stock and access road. Here’s the new Conceptual Plan for Expanded Phase V from June 2008. Submitted to the Corps of Engineers. That should mean no citizen suits challenging permits from the Corps of Engineers or the W. Va. Department of Environmental Protection. That should mean permits issued, earthwork started and Wild Escape opened by next Summer. What could possibly be wrong? It’s gonna cost an extra $32,000,000.

Let’s look at the old plan. Here’s the old Final Grading Plan (Without Interchange) for Expanded Phase V from November 2007. It shows a mostly flat building pad gently sloping from a high elevation of around 1,150 feet at the eastern end of Phase VIII to a low elevation of about 1,090 feet at the western end of Phase V. On this plan, Wild Escape enjoys an unobstructed view of Interstate 70 and the Middle Wheeling Creek Valley. At the top of this plan is the site for the new Cabela’s Distribution Center No. 3 right beside Distribution Center No. 2. As it should be. The access road for the new Highlands Interchange runs through land belonging to Mr. O’Brien and the Jewish Memorial Park Association. According to the old Erosion and Sediment Control and Storm Water Management Plan for Expanded Phase V revised October 2007, “The cut required to achieve the proposed final sub-grade of the Phase V building pad is approximately 13.7 million cubic yards. The placement of the engineered fill needed is approximately 13.7 million cubic yards. There will be no need for borrow and no excess fill.” According to the old Alternatives Analysis submitted to the Corps of Engineers in November 2007, the cost of the groundwork for Expanded Phase V is $24,000,000. Total cost is $27,700,000.

Now. Let’s look at the new plan. Here’s the new Conceptual Plan for Expanded Phase V from June 2008. The building pad is now higher because Mr. O’Brien’s property runs to 1,200 feet in two places. The retaining wall needed to reduce the elevation to that of the building pad is now on the County’s land. The building pad is no longer mostly flat. It is divided in four distinct areas with different elevations. The southern area runs from around 1,190 feet at the eastern end to a low of about 1,150 feet at the western end of Phase V. The northern area runs from around 1,150 feet at the southern end to a low of about 1,100 feet at the northern end. There is a retaining wall running most of the distance between the southern and northern areas in the middle of Wild Escape. At its highest point, this retaining wall is about 25 feet. Phase V is now separated from Phase VIII by a 50 to 70 foot retaining wall. The elevation for Phase VIII runs from around 1,230 feet at the eastern end to a low elevation of about 1,200 feet at the western end. The last area is taken from the site for Cabela’s Distribution Center No. 3 in old Phase VI. This last area is partially separated from the larger northern area by a 20 foot retaining wall. It runs from around 1,120 feet at the southern end to a high of about 1,130 feet at the northern end. Cabela’s Distribution Center No. 3 will not be next to Distribution Center No. 2.

Wild Escape will no longer enjoy an unobstructed view of Interstate 70 and the Middle Wheeling Creek Valley. The southern exposure will be blocked at two points by 60 and 30 foot retaining walls. There is also less land on which to build the water park and rides. They have to be placed on solid ground, not fill. Since the building pad is higher in elevation, there will be less solid ground and more fill. More fill means less Wild Escape. More fill also requires more dirt. But the County doesn’t have enough from the hill because of the higher elevation to work around Mr. O’Brien’s land. So the County has to truck the dirt from nearby “borrow” areas. According to the new Erosion and Sediment Control and Storm Water Management Plan for Expanded Phase V revised June 2008, “The cut to achieve the proposed final sub-grade of the Phase V building pad is approximately 15.9 million cubic yards. The placement of the engineered fill needed is approximately 15.9 million cubic yards. Two borrow areas (Area 1-A and Area 1-B) will be used to supply fill to the building pad.” That’s 2.2 million cubic yards more dirt then would be needed if they bought Mr. O’Brien’s land. How much is this going to cost? According to the new Alternatives Analysis submitted to the Corps of Engineers in June 2008, the cost of the groundwork for Expanded Phase V is now $56,000,000. Total cost is now $59,700,000.

Let’s review. The Expanded Phase V groundwork will now cost $56,000,000. That’s $32,000,000 more than the old plan using Mr. O’Brien’s land. The new plan requires the County to move 15.9 million cubic yards of dirt. So the cost of moving the dirt averages $3.50 per cubic yard ($56,000,000/15,900,000). Don’t forget, the old plan only called for 13.7 million cubic yards of dirt to fill Storch’s Run. The County now needs 2.2 million cubic yards more dirt for fill then would be needed if they simply bought the adjacent land. So the cost of not buying Mr. O’Brien’s land and the parcel belonging to the Jewish Memorial Park Association is at least $7,700,000. Maybe more. Put another way, the County is spending $7,700,000 to avoid paying $1,037,000 for Mr. O’Brien’s land and maybe $500,000 for the Jewish Memorial Park Association’s land. The County is spending $7,700,000 to save $1,537,000. Maybe more. And not getting as good a building pad to boot. Why would anyone do that? We have no clue why Steve Minard and the financial backers of Wild Escape haven’t stepped up to the plate and resolved this nonsense. It’s now been going on for two years. Two years since the County wanted to buy the land for peanuts. Two years since their lawyer threatened to use eminent domain. Two years since the County announced Wild Escape. We know why the County is doing it. The Commissioners are angry about that two years. And they have lots of tax money.

The County calls it a “Special District Excise Tax area.” It can be found in the West Virginia Code at Sections 7-22-2 to 7-22-21. It only applies to Ohio County. Section 7-22-9(b). No other county in West Virginia can use this financing scheme. Not Berkeley, not Cabell, not Kanawha, not Marshall, not Monongalia, not Wood. It allows the Ohio County Commission, and only the Ohio County Commission, to issue 30 year bonds and collect all the sales tax revenue from what is known as the “economic opportunity development district” at the Highlands. The sales tax revenue is used to repay the bonds and any revenue not needed to service the debt can be spent to “promote the economic vitality of the district and the general welfare of the county.” Section 7-22-5. There is no state oversight. The only decision maker as to how much to spend and on what to spend it is the Ohio County Commission. So if they’re angry at Mr. O’Brien, or something darker, the Commissioners can use bonds or sale tax revenue to pay the extra $7,700,000. No one can stop them. And it goes on as long as there are outstanding bonds to repay. In other words, as long as they keep spending, they can keep collecting all the sales tax revenue in the district at the Highlands. Did we mention there’s no state oversight? It’s the ultimate tax and spend. We don’t know about you, but we’re still thinking FUBAR.