The Highlands Gazette

Wild Escape Theme Park: Alpha Mike Foxtrot?

2011-10-29T19:45:00.009-04:00

It’s Screamscape. Maintained by Lance Hart. From Charlotte, North Carolina. The self-proclaimed, “Ultimate Guide to Theme Parks”. Others agree. “Screamscape is the best theme park news and rumors site that covers the major Orlando theme parks of Disney World, Universal Studios, and Sea World. … Started in the Internet’s early days of 1997 by Lance Hart, Screamscape has been a trusted source of news and rumors about Orlando theme parks and attractions, mostly getting them right months in advanced prior to them being announced by the major theme parks.” The story was “Best Theme Park News and Rumors Site is Screamscape”. At the Orlando Local Guide. By Scott Baker. On July 25, 2011. Theme Park Geekly recently called Screamscape “the definitive theme park news and rumor website.” The story was “What It’s Like to Be Lance: The Man Behind Screamscape”. Posted on October 25, 2011. What’s that have to do with Wild Escape? Well. Since first announced, Wild Escape has appeared at Screamscape. As a Proposed New Park. It remained listed with updates for over 5 years. But Wild Escape was dropped this month. Just disappeared. Alpha Mike Foxtrot for Wild Escape at Screamscape. And one other thing. Remember how Wild Escape lost its storm water construction permit? Needed to build the pad for the park? Up the Highlands? Our story was “Wild Escape Theme Park: Permit Wars”. Well. No one has applied for a new permit for Wild Escape from the Department of Environmental Protection. In over 6 months! What’s it mean? We e-mailed Steve Minard. The developer of Wild Escape. He e-mailed us. Mr. Minard wrote, “We do not have any affiliation with Screamscape. We are in the middle of detailed campus design.” SSDD? Like FoxNews. We report. You decide.

Just Takin’ The Four Lane To Charleston

2011-08-11T10:30:00.009-04:00

It was buried on page six of the Intelligencer. “Another Cabela’s For W. Va.” By the AP. On July 29th. It didn’t appear online. But it was repeated that afternoon. On the front page of the Wheeling News-Register. Below the fold. “Cabela’s Opening New Store in W. Va.” “Sidney, Neb.-based Cabela’s said Thursday in a news release that it plans to open an 80,000-square-foot store in the Southridge Centre off U.S. 119 in Charleston. The new store is expected to open in the summer of 2012. … Charleston Mayor Danny Jones says he believes the Southridge store can become one of Cabela’s top retail locations. Acting Gov. Earl Ray Tomblin says West Virginia has an abundance of outdoor activities and enthusiasts. He believes the Charleston store will serve both the company and the community well.” According to the Charleston Gazette, Governor Tomblin “said he met with Cabela's executives earlier this month. Tomblin said the company's decision to open a second store in West Virginia ‘was a testament to our strong economy, vibrant tourism industry and abundant outdoor recreational opportunities.’” The story “Cabela’s to open store at Southridge”. By Eric Eyre. On July 28, 2011. Smilin’ faces all around in that big town.

At the Gazette, we been surpised by a lot of things. Over the last four years. But this takes the cake. Wins the cigar. In fact. It’s down right FUBB! And Ohio County Commissioner David Sims must surely be a little bit galled. Why, you ask? Well. Read our report. “What In God’s Name Were They Thinking?” From March 12th. Last year. Cabela’s Destination Center and its Distribution Center were built with a $35,000,000 grant from the State of West Virginia. A $3,500,000 grant from the Ohio County Commission. And the proceeds from the sale of $93,000,000 in SDEX Revenue Bonds by the Ohio County Commission to Cabela’s. The interest and principal on the SDEX Bonds to be paid by sales taxes generated at the Highlands. Over 25 years. Cabela’s then bought the Destination Center and its 65 acre site from the Ohio County Development Authority for $1.00. But as long as Cabela’s was owed $93,000,000 in SDEX Bonds, Cabela’s wasn’t going anywhere. Cabela’s needed to keep sales tax collections high to repay the bonds and get their money back. Of course, the County gave up that leverage when they agreed to sell SDEX Bonds to the public and repay all Cabela’s bonds. So Cabela’s got all its money back. Now the County has outstanding SDEX Bonds in the amount of $150,580,000. And now. Cabela’s, with Governor Tomblin’s apparent approval, is going to take its Central and Southern West Virginia and Southeastern Ohio customers away from the Highlands. So no need to take the four lane to Wheeling. ‘Cause next year. Cabela’s comin’ to Charleston.

What’s that mean? That means sales tax collections may drop next year at the Highlands once the new Cabela’s opens in Charleston. And reduced sales taxes means the County could have greater difficulty paying the interest and principal on the $150,580,000 it owes in SDEX Bonds. Reduced sales tax collections also means the County could have greater difficulty issuing new SDEX Bond for more development. And reduction in customers at the Highlands means the County could have greater difficulty attracting new retail tenants to the Highlands. How bad could it be? We have no clue. Cabela’s probably knows. But they’re not likely to talk. Ohio County Administrator Greg Stewart “told NEWS9 that the Highlands location gets about 3 million visitors a year. He said he is not worried that the Charleston location will take away business from the Highlands.” The story was, “Cabela's Announces Second Store In West Virginia”. At WTOV-TV. Channel 9. On July 28th. That’s reassuring. And at the Gazette, we hope Mr. Stewart’s right. But we’re still a little worried. So we’ll have to wait until next year to find out. In the meantime. Who’s to blame? We’re thinkin’ Ohio County Commissioners David Sims, Randy Wharton and Tim McCormack. They paid Cabela’s back on the $93,000,000 in SDEX Bonds. Cabela’s can now open a new store in Charleston. And the State of West Virginia be collectin’ the sales taxes that used to go to the County. Gotta love the Gov. Earl Ray, ain’t no dummy. And Greg Stewart? Reminds us of Snidely Whiplash. “Curses! Foiled Again!”

West Virginia Interstate 70: A Big Snafu?

2011-07-24T11:00:00.014-04:00

We are a nation of laws. You hear it all the time. And it didn’t start just yesterday. There was that famous Greek. What’s his name? Oh, yeh. Aristotle. Aristotle said, “Law should govern.” According to Wikipedia, “In 1776, … Thomas Paine wrote in his pamphlet Common Sense that ‘in America, the law is king.’ … In 1780, John Adams (our future first, but not last, one-term president) enshrined this principle in the Massachusetts Constitution by seeking to establish ‘a government of laws and not of men.’” Wikipedia has a whole article called, coincidentally, “Rule of Law”. What the point? And what’s it have to do with I-70? Well. It’s just that … At the Gazette, we’d a thought government would follow the law. Wouldn’t you? So, when the State Road Commission, the proverbially 900 pound gorilla, with lots of federal money, and all the best lawyers, took land for I-70 back in ‘65 & ‘66, you’d think they would have done it right. Let’s face it. How hard can it be? With all that federal money flooding Ohio County. All those high-paid lawyers. Steamrolling over the folks. And their homes and farms. How hard can it be? All you have to do is read the statute. Or your high-priced lawyers read the statute. And then you do what the statute says to do. It’s the statute, stupid!

What statute? W. Va. Code Section 17-2A-17. It says a lot of stuff about getting land for state roads. But it also says, “Such real property may be acquired in fee simple or in any lesser estate or interest therein, except in the case of a public road the right-of-way only shall be acquired.” What’s that mean? We talked to a lawyer. Getting land in fee simple means you get it all. The whole ball of wax. The whole nine yards. The whole shootin’ match. The whole shebang. And our favorite. The whole enchilada. And that enchilada includes mineral rights. Natural gas, baby! What do you get with a right-of-way? Well. The right to build and maintain a road. Like I-70. What don’t you get? The rest of the enchilada. The right to use the land for non-highway purposes. Like building, maintaining and draining storm water ponds for a retail development. You also don’t get mineral rights. Who gets the rest of the enchilada when the state takes the right-of-way? The original owner. We’ll say it again. The original owner keeps ownership of the non-highway uses and the mineral rights. And that statute was in force back in ‘65 & ‘66. It was passed in 1963. Check out 1963 W. Va. Acts 760. On page 766, Article 2a, Section 17. The same. As current W. Va. Code Section 17-2A-17.

But never mind the statute. Never mind that rule of law thing. Never mind that high-priced lawyers should read statutes. Never mind that government should follow the law. The State Road Commission (now called the Division of Highways or DOH) took the folks’ land for I-70 with fee simple deeds back in ‘65 & ‘66. Not by right-of-way as required by the statute. How many folks? We don’t know? We only know about 3 deeds. State Road took 15.65 acres from John Henry Stanton and Martha Stanton by fee simple deed on March 24, 1965. State Road took 8.45 acres from Mary Catherine O’Brien, Frank L. Heil and Lucille J. Heil by fee simple deed on November 10, 1965. And State Road took 0.076 acres from John Duggan, Anne Duggan, Stanislaw Dziedsic and Theresa Dziedsic by fee simple deed on July 25, 1966. We began investigating after hearing a rumor DOH refused to lease Chesapeake Appalachia the gas rights for some land under I-70. Land State Road got by fee simple deed. We also discovered last year the Ohio County Development Authority bought some of that land. To expand Lot 13. Land State Road got from the Stantons, Duggans and Dziedsics by fee simple deed back in ‘65 and ‘66. OCDA paid DOH $920,000 for 4.08 acres. Here’s the deed dated October 18, 2010. But DOH did not give OCDA a fee simple deed. DOH only gave “without warranty, all of its right, title, and interest” in the land.

So, what’s it all mean? At worst? State Road probably only got rights-of-way for a highway with the unlawful fee simple deeds. The non-highway uses and mineral rights probably stayed with the Stantons, O’Brien, Heils, Duggans and Dziedsics. Or anybody else whose land was taken by State Road with a fee simple deed for I-70. We’re guessing that would be the position taken by DOH. At best? God be with us! The unlawful deeds were invalid. DOH doesn’t hold title to the land beneath I-70. And DOH may now need to purchase or condemn the land. At current value and pay rent for using the land since ‘65 or ‘66. Likely with an offset for the present value of the prior purchase price. What’s the current value of I-70? Well, it just so happens, OCDA recently paid $67,000 for 1.68 acres of controlled access right-of-way adjacent to the Highlands. Here’s the deed dated December 15, 2010. That makes the current value of I-70 … drum roll please … $39,880 per acre. Real money, eh? We’re thinkin’ this mess be going to the West Virginia Supreme Court of Appeals. Maybe even the big boys in Washington. The United States Supreme Court. So if dad and mom or granddad and grandma sold land to State Road for I-70, you just might want to look at the deed. If’n it says “fee simple”, you might want to consult a lawyer. ‘Cause there’s natural gas under that there highway. And it should belong to the folks. Not to DOH.

What about that 4.08 acres bought by OCDA? Hard to tell. OCDA could already have bought the non-highway uses and mineral rights from the Stantons, Duggans and Dziedsics. In an earlier purchase. If not, OCDA may have paid $920,000 and only got a right-of-way. The Stantons, Duggans and Dziedsics may still own the rest of the enchilada. And the rest of the enchilada could be worth mucho dinaro. They may want to consult a lawyer. And. As if we really needed something else. Part of the 4.08 acres was taken in a condemnation proceeding by DOH for a right-of-way. From John and Diane Stanton on October 18, 2005. For public road purposes. Here’s the Final Order from the Ohio County Circuit Court. Can DOH sell land taken by eminent domain that was needed for public road purposes just 5 years ago? We don’t have a clue. But it seems a little unfair. DOH condemned the land for public road purposes for about $5,000 an acre. And then sold the land for private development for about $225,000 an acre 5 years later. Also can OCDA sell land taken by the DOH for public road purposes just 5 years ago? To a private party? We only have a little clue. W. Va. Code Section 54-1-2(a)(11) prohibits the taking of land to give to a private party. Can DOH take land for road purposes and sell it to the OCDA to sell to a private party? That’s the $64,000 question. Who knows? The West Virginia Supreme Court of Appeals. Which brings us back to the rule of law. And a big snafu? You bet your sweet bippy? Like FoxNews. We report. You decide.

Debt Tree Keeps On Growin’ Up The Highlands

2011-05-14T19:52:00.003-04:00

Hear ye, Hear ye, Hear ye! In March, the State Auditor’s Office released the audit reports for the Ohio County Commission and the Ohio County Development Authority. For fiscal year 2010. That’s the one that ended on June 30, 2010. What’s the trend? We already knew. Same old, same old. That debt tree keeps on growin’ up the Highlands. Even with all that gas lease money. Numbers are posted to the right. But words of caution. The numbers are nearly eleven months old. Partly our fault. They’re as of June 30, 2010. They probably changed. Also, the bonds and bond anticipation notes were issued by the OCC. Not the OCDA. The credit line and notes belong to the OCDA. And two trends are also shown this year. One trend is to sell land to another governmental agency to be repurchased in better times. One sale was land at Phase V to the West Virginia Economic Development Authority for $5 million. Another was to the OCC for $6.2 million. The other trend is for the OCC to advance money to the OCDA. And pay the wages of OCDA employees. What are the total payments from the OCC for the Highlands as of June 30, 2010? Looks like $8,568,356.00. That’s a lot of money. Gas lease and tax money. Could have been used to reduce everyone’s taxes. But you know Moe, Larry and Curly. And Shemp. Tax and spend it on the Highlands! It’s all in the audits. Along with the assets. And rent revenues. All there for the intrepid to read. Or Wrath or EllisWyatt. Good hunting boys!

Wild Escape Theme Park: Permit Wars

2011-04-17T20:30:00.013-04:00

It’s from the Ohio County Commission. Called the Quaterly Disclosure Questionnaire. For December 31, 2010. For the County’s SDEX Bonds. Posted online at the Municipal Securities Rulemaking Board: EMMA. On March 8, 2011. Look at Paragraph 8D. It states there have not been any “legal challenges to the construction of the Public Improvements or the Development.” WTF? How ‘bout that landowner next to Wild Escape? Oh, it’s at the bottom. Paragraph 10. “One landowner who owns hillside adjacent to the district continues to threaten legal action unless the Authority purchases the property at the landowner’s price. The Authority has no interest in the land. The same landowner has filed a lawsuit in the Ohio County Circuit Court against the County Assessor and the County Commission. The landowner’s property does not lie within the district and the outcome of this case should have no material effect on the Authority.” Threaten legal action? These boys gonna be payin’ royalties to George Orwell. They forgot that appeal to the West Virginia Environmental Quality Board. Over the Storm Water Construction Permit for Wild Escape. Our story was “Cry, Havoc! And Let Slip The Dogs Of War”. Ain’t that there a legal challenge? Maybe they just figured the appeal was a loser. Think again boys! Here’s the Board’s Order Granting Appellant’s Motion for Summary Judgment. Posted online at the Environmental Quality Board. The EQB vacated the Storm Water Construction Permit for Wild Escape. What’s that mean? The County needs to get a new permit before startin’ on Wild Escape. More delays. So they won’t be movin’ dirt this summer. And we’re thinkin’ they gonna be updatin’ their bondholders. Hasta la vista, baby!

Wondering About Lamps Up The Highlands

2011-02-27T09:48:00.005-05:00

They were hard to find online. Buried under two links. First under “State of the Valley”. Then under “Economy”. On the website for The Intelligencer & Wheeling News-Register. One headline proclaimed, “Stewart Hopes Wild Escape Earth Work Can Begin in Summer”. The story by Shelley Hanson. On February 23, 2011. “Ohio County Administrator Greg Stewart hopes earth work for the proposed Wild Escape Theme Park can begin this summer,” the report declared again. In the first sentence. Then the other shoe hit the deck. “‘If it doesn't happen, we'll still have a destination. We'll keep trying to do something out there,’ Stewart said in reference to the west end of The Highlands, where Wild Escape currently has been proposed.” Wild Escape developer Steve Minard was evasive. “‘We're heavy in the details game at this point. ... There are so many parties involved ... We would love to begin in that timeframe, but we want to do it right and do it right the first time,’ Minard said.” Funny, isn’t it? He’s been working on those details since Wild Escape was announced on July 26, 2006. And Mr. Stewart is lookin’ for sympathy. He’s tired of being kicked in the head. “When you're in here putting your neck on the line trying to get some things done ... it gets hard sometimes after you get kicked in the head for awhile.”

The companion piece was called, “Stewart Details Goals for The Highlands”. Also by Shelley Hanson. On February 23rd. “Greg Stewart has a few goals for The Highlands during 2011 including improving the Ohio County Development Authority's finances, adding more retail tenants and garnering support for a second interchange. ‘We need to start to rally support in Charleston and elsewhere for that second interchange,’ ... which would serve as a second means of entering and exiting the site from Interstate 70 ... ‘Now we just need to start pulling everybody in the same direction.’” There! He hit the nail on the head. That’s been the problem for nearly five years. Not everyone’s pulling in the same direction. That attorney who owns land needed for Wild Escape. He’s been pulling in the opposite direction. To protect his land. Our story was “Cry, Havoc! And Let Slip The Dogs Of War”. Is Mr. Stewart signaling an end to the fight? Or launching a trial balloon? Ohio County Commissioner Randy Wharton seems to suggest as much. Mr. Wharton was quoted saying, “We're going to keep moving forward and try to do things a little different.” We certainly hope so. Cause if the fight continues ... Let’s just say, we’re reminded of a famous quote. From the Summer of 1914. By British Foreign Secretary Sir Edward Grey. “The lamps are going out all over Europe; we shall not see them lit again in our lifetime.”

How Much Is That Doggie In The Window?

2011-01-15T09:30:00.004-05:00

Their offer for David O’Brien’s land was only $15,000. Their big law firm threatened him with eminent domain when he wouldn’t take the offer. Ohio County Commissioners Tim McCormick and Randy Wharton refused the deal worked out with Ohio County Administrator Greg Stewart for $900,000. Mr. O’Brien fought back to protect his land sending Wild Escape to development hell. Mr. McCormick claimed it was only worth $210,000 based on an appraisal that lowballed the value. Ohio County Commissioner David Sims posted that $210,000 was $209,000 more than it was worth. It was assessed for only $3,480. But Mr. O’Brien’s appraisal was for $1,037,000. In 2008, Ohio County Assessor Greg Kloeppner found its fair market value was $829,100. How much is that doggie in the window? Today? Current Ohio County Assessor Kathie Hoffman has spoken. Ms. Hoffman determined the land has an assessed value of $578,880. That means the fair market value is now $964,800. It’s time to end the drama boys. And the lawsuits. It’s hurting Ohio County. You’ve got political cover. Mama Hoffman set the price. Take some of that natural gas lease money. Pony up to the table. And buy the land for $964,800. Then build another access road to the Highlands. And Wild Escape!

Wild Escape Theme Park: Good News?

2010-11-06T13:30:00.003-04:00

We’ve been a mite worried lately. Remember that 32 acres of land at the Highlands sold to the state Economic Development Authority? It’s not behind the Kohl’s. Or near the Marquee Cinemas. It’s the top of the hill at Phase V. Here is the deed and the land survey. That’s the top of the hill next to that landowner who’s a fightin’ with the County. Our story was “Cry, Havoc! And Let Slip The Dogs Of War”. That’s the top of the hill that must be cut down to fill in Storch’s Run. To build the pad for Wild Escape. Here’s the County’s Master Development Plan from March 4, 2008. Kinda pretty, ain’t it? All that orange. Anyway. The County didn’t buy back that land like they promised the EDA. And then Ohio County Commissioner Randy Wharton was quoted in the newspaper saying,"When we need it, and if we need it, when we get to the point that we have a project that moves into encompassing that property, we will buy it back from the state." The story was “Highlands Acreage Still State’s”. By Shelley Hanson. In the Wheeling Intelligencer. This past October 7th.

We thought, WTF? If you need it? When you get to the point that you have a project that moves into encompassing that property? What happened to Wild Escape? We even asked Randy Wharton. In a new forum called “Wild Escape up the Highlands”. At the Wheeling News-Register. No response. From anyone. And then there’s the County’s Master Development Plan from April 9, 2010. Take a look. Wild Escape is plum gone. All that pretty orange? Gone! Phase V’s just dirty tan and empty. So, we’ve been a mite worried lately.

We e-mailed Steve Minard. The developer of Wild Escape. And he e-mailed back. Last night. And this morning. Neighborly of him, eh? Well, Mr. Minard wrote, “We are coming to the Highlands and are in contact with the OCDA at least weekly. … Detailed master planning and coordination with our general contractor are in process. The project is of considerable size and detailed design involves massive planning and design efforts.” In a second e-mail Mr. Minard continued, “When we worked with the county to re-route the road systems to avoid disturbance of [that landowner’s] property, it necessitated changes to the campus layout. Those changes were in process at April and are still in process. The state land was designated as recreation area during the re-route process. I don't recall that anyone ever said the state land was phase VIII, just recreation area. … I don't know what [the] map is from, but I think the function of it is to show the road systems. It also does not show Sheetz or the Nissan dealership, which have been subsequently completed or are under construction. There are no labels on any of the buildings that would be in a development map. There is no context indicated in this document as to function or use. This is a diagram from the Pedersen & Pedersen engineers, not the architects. We are well on our way and will be building at the Highlands.” So? Good news? Development hell? Like FoxNews. We report. You decide.

Cry, Havoc! And Let Slip The Dogs Of War

2010-09-18T12:00:00.016-04:00

“Strap yourself in and prepare for the ride of a lifetime: the Wild Escapes Theme Park is a reality at the Highlands. … Ohio County Commission President David Sims said the first phase of the three-year, three-phase Wild Escapes project could be completed and open for business next summer ‘if things go well.’” The story was “The Highlands In for a Wild Ride”. In the Wheeling Intelligencer. By Mario Muscar. Over four years ago. On July 27, 2006. Everyone was excited. Mr. Sims was “pumped up”. The report was “Amusement Park Planned For Highlands Development”. At WTOV-TV. Channel 9. On July 26, 2006.

But things didn’t go well. The Commissioners got into a fight with that landowner next to Wild Escape. They needed his land. But refused to pay a fair price. He wasn’t one of them. An outsider, really. He lived in New Jersey. Why treat him fairly? They’re the big fish, right? David Sims, lawyer. Randy Wharton, garage owner. Tim McCormack, PE teacher. The neophyte, would-be, big time, hot-shot developers. Right? They thought they could win. The rules didn’t apply to them. And they ran Ohio County. And controlled hundreds of millions of dollars. So they threatened him with imminent domain. Then raised his taxes. The story at the Highlands Gazette was “How Much Is That Doggie In The Window?” Steve Minard threatened to cut him off. He’d get nothing! Our report at the Gazette was “Wild Escape Theme Park: SUSFU”. They raised his taxes again. The story in the News-Register was “Tax Battle Heats Up”. By Casey Junkins. This past February 7th. But he soldiered on. A former naval officer and attorney. He leveled the big guns. Shut down Wild Escape. Today, it languishes in development hell. Two buildings nearly half empty up the Highlands. Ohio County's unemployment rate at 9.2%.

Mr. O’Brien warned Mr. Sims. The e-mails were exchanged on April 5 & 6, 2007. From Mr. O’Brien: “The only way out of this train wreck before there is another derailment is for you to build the park at the 1,200 foot level with the access road running along the top of my property line. Are you happy about that. Most assuredly not. … The alternative to agreement is that we continue to fight and there continue to be delays which ultimately will cause Steve Minard to run back to Iowa as fast as his legs can carry him. There will be no Wild Escape Amusement Park in Ohio County. … You have three choices: buy my land, build around it or fight to the bitter end. The choice is yours to make.” An arrogant response from Mr. Sims: “We can move forward with the theme park without the road and the second interchange and thus do not need your land to proceed. If that is how we must proceed, then so be it. 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.” Oh yeah? It’s three years later, Mr. Sims. Nothing but dirt at the site of Wild Escape. How’s that jumping road blocks thing workin’ out for you?

Not very well. No Wild Escape. Just dirt. And the fight’s still on. What are they fightin’ about? Funding for one thing. Mr. O’Brien opposed the County’s TIF amendment. That additional $30 million dollars for infrastructure, land repurchase and an access road. He claimed the road went through his land. The story at the Gazette was “The Highlands: Back Up The Train Boys!” And we finally found a copy of Mr. O’Brien’s opposition letter to President Randy Wharton. It’s a sizzler! If a little long. What happened? The Development Office only gave the County $9.83 million. For infrastructure. No money to repurchase land or build an access road. Fightin’ that time cost the County a cool $20 million. What else they fightin’ about? The Corps of Engineers Permit to fill in Storch’s Run. To build the pad for Wild Escape. Hey! Wait one damn minute, you say. The County got that permit. The report was “Wild Escape’s ‘Draft Permit’ Approved”. By Shelley Hanson. In the Intelligencer. On September 13, 2008. Yeah, the County got a draft permit. But they never accepted it. And Mr. O’Brien sent the Corps of Engineers a new opposition letter on March 15th. Looks like a lawsuit comin’ soon over water rights.

Anything else? You betcha! Remember that Storm Water Construction Permit for Wild Escape? From the Department of Environmental Protection? Expired on May 30th. Our report was “Wild Escape Theme Park: SSDD”. The County submitted an application to reissue it. At the last minute. Nearly 180 days late. They’re not real good at making deadlines. Despite Mr. Wharton always knowin’ what’s going on. Anyway, the DEP extended the permit June 1st. And Mr. O’Brien appealed to the Environmental Quality Board on June 30th. Course, the fight's not all one way. They’re tryin’ to tax him to death. There’s a lawsuit in Ohio County Circuit Court. The County Commission has a lawyer. Ohio County Assessor Kathie Hoffman has another lawyer. And then there’s the County Solicitor. Three lawyers all billin’ the taxpayers. Gonna spend maybe $100,000. Or more. To collect $11,000. This year. Start’s all over again next year. Real smart, eh? But, what the hell! It’s only our tax money. Right? And a small price to pay for Wild Escape. But with recession. Lawsuits. Who the hell’s gonna build Wild Escape? Cause, the smart out-of-state money knows. When the water reaches the upper level, follow the rats!

Wild Escape Theme Park: SSDD

2010-07-01T11:00:00.011-04:00

They sneaked it into the newspaper. It appeared in the print edition of the Intelligencer. Not online. An article called, “County Water Sought”. By Shelley Hanson. On June 18th. Hanson wrote, “Meanwhile, Wheeling resident Charles Ballouz asked about the status of the planned Wild Escape Theme Park at The Highlands. Stewart said he recently had a meeting with the theme park’s developer, Steve Minard. ‘We’re making progress a little at a time,’ Stewart said.” Nothing more. No projections. No plans. Nothing more. Have they hired the engineers? The story last July 22nd was “Engineers Interviewed For Planned Theme Park”. In the Intelligencer. By Shelley Hanson. So. It’s nearly a year later. Have they hired the engineers yet? We don’t have a clue. And the County isn’t talking. Yet anyway.

But there is news. It looks like permit wars begin again. Remember how last year the County got that AMD - Storm Water Permit for Wild Escape? From the Department of Environmental Protection? Our story was “Wild Escape Theme Park: SUSFU”. Well, guess what? It expired the end of May. The DEP extended it in June, but the County has to file a new application to get the permit reissued. According to the DEP’s website, the application was received on May 28th. What’s it all mean? A new Public Notice. Another opportunity for appeal. By that landowner next to Wild Escape. And the thing is … the County gave that landowner another reason to appeal. The story in the Sunday News-Register was “Tax Battle Heats Up”. By Casey Junkins. Last February 7th. Talk about cuttin’ off your nose to spite your face. And some wonder why national businesses stay away from places like Ohio County. And why the first floor of the AT&T Center is mostly MT. So, Mr. Stewart? Mr. Wharton? Are you guys out there listening? This is progress? A little at a time? Nah. We think not. It’s just the SSDD.

The Highlands: At The Edge Of The Abyss?

2010-04-09T21:00:00.005-04:00

Hear ye, Hear ye, oh never mind. On March 31st, the State Auditor’s Office released the audit reports for the Ohio County Commission and the Ohio County Development Authority. For fiscal year 2009. That’s the one that ended on June 30, 2009. What’s the trend? We already knew. Same old, same old. That debt tree keeps on growin’ up the Highlands. The story was “Debt Tree Keeps On Growin’ Up The Highlands”. Revised numbers are posted to the right. Same words of caution. The numbers are eight months old. They’re as of June 30, 2009. Probably changed. You’d think they could be a little more timely. And that’s addressed in one of the reports. Also, the bonds and bond anticipation notes were issued by the OCC. They’re in the OCC’s audit report. Not the OCDA’s. The other debts belong to the OCDA. One interesting thing. Looks like they may be comin’ after that land for Wild Escape. The OCDA’s report says, “The Authority has been threatened with respect to a possible condemnation action involving certain real property at The Highlands.” And we thought Ohio County Commissioner Randy Wharton didn’t want the land. The story in the Intelligencer was “Tax Battle Heats Up”. By Casey Junkins on February 7, 2010. Also. There are financial and management problems up the Highlands. No surprise, eh? The OCC’s audit says,

“The SDEX and TIF revenue bonds as well as the SDEX Bond Anticipation Notes (BANs) are payable solely with excise tax revenue and incremental property tax revenues generated from the Development District. The debt service related to existing debt as well as anticipated future debt issuances is entirely reliant on continued development within the Development District. Any problems or delays in continuing to attract new tenants to the Development District will have a negative impact on the County's ability to make the required debt service payments and ultimately repay the debt.

As indicated in Note IV(G) the BANs mature on March 1, 2012. Since the 2007 issuance of the BANs, management's plan has been to replace the BANs with permanent financing. This permanent financing would be in the form of additional SDEX bonds issued on a parity with the existing SDEX bonds. Covenants in the existing SDEX bonds' Trust Indenture require that the excise taxes collected from the Highlands Economic Development District meet or exceed 150% of the total maximum annual debt service (MADS) on the outstanding SDEX bonds and the BANs. This requirement is estimated to be approximately $18,318,000. Subsequent to the bond indenture amendments referred to below and in Note V. (B), this test has been revised and the required revenue is estimated to be $17,000,000.

As of June 30, 2009 excise taxes collected from the Highlands Economic Development District equaled 103% of MADS, approximately $12,216,000.

During the year ended June 30, 2009 the global economy suffered through a severe economic downturn. The impact of this downturn resulted in a limitation on the availability of credit in the financial markets and the subsequent restriction of business expansion. This economic downturn impacted both Ohio County and the OCDA negatively.

Ohio County's development plan has been to continue to fund the economic development activities of the OCDA through the issuance of additional TIF and SDEX bonds. The restrictive covenants of these bonds resulted in the issuance of the BANs during 2007, as the County was unable to achieve the cash flow levels required for parity bond issues. The negative economic conditions continue to exist through the date of this report, as do the restrictions on the issuance of new TIF and SDEX bonds. The County must refinance the outstanding BANs ($51,580,000) by March 1, 2012 and is currently prevented from issuing new bonds to do so.

The OCDA economic development plan requires the expansion of The Highlands project, and the continued contribution of economic development funds from Ohio County, in order to liquidate existing and new debt according to existing and planned amortization schedules. As stated above, the economic downturn has reduced the expansion at The Highlands and the restrictions on the County to issue new debt have resulted in the County's inability to continue to fund OCDA's economic development. The impact of these conditions resulted in the OCDA being unable to make scheduled debt service payments on three (3) separate debt issues during 2009 because it lacked the necessary financial resources to meet the obligations. These obligations were ultimately renegotiated during 2010 resulting in adjusting the debt service burden in future periods, including one $2,700,000 issue that is also due on March 1, 2012.

County management believes that the economy will rebound sufficiently to allow for substantial growth between the date of this report and March 1, 2012 and that this growth will provide sufficient cash flow to meet existing TIF and SDEX covenants and allow the refunding of the BANs through the issuance of new long term bonds.

The County's management also believes that the State of West Virginia will allow the issuance of new TIF Bonds which it will use for economic development at The Highlands.

OCDA management also believes that the economy will rebound sufficiently to allow the County to fund growth at The Highlands (through the issuance of new debt as described in the preceding paragraphs) and that an increase in tenants will provide cash flow which will be sufficient to liquidate debt according to existing amortization schedules.

The management of OCDA is also considering the sale of individual or multiple properties at The Highlands which they believe would provide cash to liquidate debt and therefore reduce future cash flow requirements.

The failure of the County or the OCDA to achieve any of the plans or economic advancements noted above may have a negative impact on the ability of the County and the OCDA to make future debt service payments and/or refinance existing debt. …

In March 2010, the County issued the Second and Third Amendatory Trust Indentures for the Series 2006 A and B SDEX Bonds. These Amendatory Trust Indentures among other amendments changed the Additional Bonds Test from 150% projected to 125% historical debt service coverage and increased the maximum principal amount of bonds that may be issued to $300,000,000.”

At the Gazette, a song comes to mind. By Dionne Warwick. “Wishin' and hopin' and thinkin' and prayin'. Plannin' and dreamin' each night” of the Highlands. That won’t get you out of the debt. But seriously. This is serious. And a little scary. The problem is too much debt and not enough tax income. Cabela’s doesn’t seem to generate enough sales tax to pay off the bonds required to build the Destination and Distribution Centers. The County gave Cabela’s too much free stuff. The story was “What In God’s Name Were They Thinking?”. So the County adds retailers and restaurants to increase sales taxes but they have to sell more bonds to do it. Then their interest payments go up because they sold more bonds. It’s an never ending circle. Kinda like a ponzi scheme. And selling assets that are pledged to repay bank notes won’t reduce the bonds. It only reduces the bank notes. What can be done? For starters, we’d fire the current management. And hire an experienced project manager and staff. And stop selling bonds to the public. Let the state keep the land. Stop building $15 million access roads. And $30 million interchanges. Build the Wild Escape. If Steve Minard can come up with money. And pay down the public bonds. Cause’ if’n we didn’t. We’d fear the whole thing could come apart. And if’n it did. The people that own the SDEX and TIF Revenue Bonds wouldn’t lose $176 million without getting a pound of flesh. Santa Claus wouldn’t be coming to town. It’d be the feds.

What In God’s Name Were They Thinking?

2010-03-30T17:00:00.013-04:00

“Pursuant to the fundamental philosophy of the American constitutional form of representative government which holds to the principle that government is the servant of the people, and not the master of them, it is hereby declared to be the public policy of the state of West Virginia that all persons are, unless otherwise expressly provided by law, entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government they have created.” It’s the Declaration of Policy. In the West Virginia Freedom of Information Act. W. Va. Code Section 29B-1-1. At the Gazette, we believe in freedom of information. We believe in open government. We believe in the public’s right to know. And we got a copy of the Cabela’s Development Agreement. And the First Amendment to the Development Agreement. And what in god’s name were they thinking? We’re asking you, Ohio County Commissioners. Randy? David? Tim? And Governor Wise? What in god’s name were you thinking?

Here’s the Development Agreement. Annex I - Definitions. Exhibit 1 - Site Maps. Exhibit 2 - Distribution Center Lease. Exhibit 3 - Financing Schedule. Exhibit 4 - Master Declaration (Sorry, it’s too damn big. And we’re missing some of it). Exhibit 5 - Permitted Exceptions. Exhibit 6 - Phase I Construction Time Schedule. Exhibit 7 - Site Ready Improvements. Here’s the First Amendment to Development Agreement. And a bonus. Here’s the Application to the Council for Community and Economic Development for Approval of an Economic Opportunity Development District. The application is for the Economic Opportunity Development District. To sell the SDEX revenue bonds which are paid back with sales taxes at the Highlands. The story was “Yes Virginia, There Is A Santa Claus”. Santa was Governor Wise.

The Highlights? Your not going like it. But, look at Section 2.5 of the Development Agreement (DA). It says, “The Authority shall be responsible for and shall contract in its own name for the design, construction, equipment and completion of the Improvements.” What are the Improvements? For Phase I. A “Destination Center consisting of not less than 175,000 square feet together with all furniture, fixtures (including taxidermy) and equipment required to fully equip the Destination Center (but excluding inventory).” A “Distribution Center consisting of not less than 580,000 square feet together with all furniture, fixtures and equipment required to fully equip the Distribution Center … (including, without limitation, racking, sortation systems, conveyor systems and sprinklers but excluding inventory).” For Phase II. A “not less than 561,000 square foot addition to the Distribution Center resulting in the Distribution Center being not less than 1,100,000 square feet in total together with all appropriate Distribution Center FFE required to fully equip such addition.” What did it cost? Look at DA Exhibit 3 - Financing Schedule. The 65 acre Destination Center was estimated to cost $48,000,000. The 60 acre Distribution Center was estimated to cost $62,000,000. So, for Cabela’s Destination and Distribution Centers. The total estimated cost was $110,000,000. Paid by the County.

How much did Cabela’s pay for the Destination Center? Look at DA Sections 2.1 and 3.1. For the $48,000,000 Destination Center, Cabela’s paid $1.00. For the 65 acres on which it was built, Cabela’s still only paid $1.00. Only one frggin dollar! How about the Distribution Center? Here’s the Lease Agreement with Option to Purchase. Cabela’s pays annual rent of $1,000,000 for 30 years. After 30 years, Cabela’s can buy the Distribution Center for … you guessed it … $1.00. So in exchange for paying $1,000,000 a year for 30 years, Cabela’s got $110,000,000 worth of Destination Center and Distribution Center. And they don’t have to pay property taxes on the Distribution Center. Look at Lease Article 4. “Lessor [OCDA] shall pay all real estate or personal property taxes imposed by any governmental authority (hereinafter collectively called “Taxes”), on the land, building, other improvements and equipment comprising the Leased Premises or Lessee’s leasehold interest in this Lease during the term of this Lease.” And don’t forget the interchange. Look at DA Section 3.5. “The State, through the Division of Highways, agrees to develop a full interchange from Interstate 70 at the location of the Development District at the sole expense of the State which it shall call the ‘Cabela Exit’.” And the deer exhibit. Look at DA Section 3.17. “The State, through the West Virginia Division of Natural Resources, shall loan its whitetail deer collection for display at the Destination Center at no cost to Developer [Cabela’s] and on terms to be mutually agreed to by the State and the Developer.” And they even get a piece of future action. Look at DA Section 3.3b. Cabela’s gets “reasonably compensated for attracting, through its own efforts, other businesses to locate in the Development District.” Like maybe Wild Escape? We don’t have a clue. Ask Greg Stewart. Or Randy Wharton.

So where did the County get the $110,000,000? Well, look at DA Sections 3.6a & b. There was a $35,000,000 grant from the State of West Virginia. And the County also granted some money. The FY 2004 County Grant was $3,500,000. But most of the money came from Cabela’s. Look at DA Sections 2.6 and 2.7. Cabela’s agreed to buy $57,000,000 in SDEX Bonds from the County to pay for Phase I. And another $21,000,000 in SDEX Bonds to pay for Phase II. A total of $78,000,000. And look at the First Amendment Sections 2 and 3. Cabela’s agreed to buy an additional $15,000,000 in SEDX Bonds. The new bond total was $93,000,000. But then the County agreed to sell SDEX Bonds to the public and repay all Cabela’s bonds. It’s in the First Amendment Section 4. It says, “The County and the Authority have stated their intention to refinance or replace the Phase I SDEX Bonds and the Phase II SDEX Bonds (collectively, the “Bonds”) in an underwritten public bond issue (the “Public Bonds”) pursuant to which the outstanding balances under the Bonds would be paid in full and any funding obligations would be assumed and satisfied with the proceeds from the sale of the Public Bonds.” So Cabela’s got all its money back. A $48 million Destination Center for $1.00. And a $62 million Distribution Center for annual rent of $1,000,000 for 30 years and then $1.00. And the County? It has $93,000,000 in SDEX Bonds to repay from sales taxes at the Highlands. For the next goddamn 25 years! Now. We’re not going to rant and rave. This time. We did that in the story, “Don’t Know About ‘Sweet Heart Deals’?”. But. We ask again. Randy? David? Tim? What in god’s name were you thinking?

Don’t Know About “Sweet Heart Deals”?

2010-03-12T19:15:00.025-05:00

Politicians. You gotta love them. Don’t yeh? The story was “County Seeks TIF Bond Rating”. In today’s Intelligencer. By Casey Junkins. Ohio County Commissioner David Sims was a bloggin’, and a bloggin’, and a bloggin’, and a bloggin’, and ... Bloggin’ all kinds of stuff about tax financing up the Highlands. And other things. No doubt trying to set the folks straight. About things we couldn’t possibly understand. Kinda reminded us of all those eight-by-ten color glossies in “Alice’s Restaurant”. Anyway. Then he said it. What you ask? Mr. Sims said, “Don't know about ‘sweet heart deals’”. We couldn’t believe it. Why you ask? Cause’ it was just a little over a year ago. At a Board of Review and Equalization Hearing for Cabela’s. On February 28, 2009. Here’s the transcript of the hearing. Cabela’s was seeking to have the appraised value of their building reduced for property taxes by some $15,000,000. Mr. Sims was a little bit galled. That’s what he said. On the last page. Toward the bottom. It says, “Commissioner Sims said I want to ad one thing, you guys are hired to do this, but for Cabela’s to come into a community that gave them sixty acres and did a TIF so that they could pay for their building to come in and ask for their property values to be lowered is a little bit galling.”

What did he say? We’ll gladly rephrase. During the hearing, Mr. Sims said the County gave Cabela’s 60 acres of land for free at the Highlands. That would include the 30 some acre parcel on which the retail store now sits that was appraised at $14,736,800 for the Tax Year 2009. And that would include the parcel for the Sheetz Gas Station that the County purchased by apparently giving Cabela’s a note for $2,161,120. And it would include another parcel the County purchased by apparently giving Cabela’s a note for $1,608,909. They’re in the Development Authority’s unaudited financial statements for 2009 that are part of the Ohio County Commission’s Annual TIF Repository Report for 2009. It was posted online at the Municipal Securities Rulemaking Board: EMMA. And Mr. Sims also said the building which may have cost around $37 million to build was paid for by SDEX bonds. Bonds that have to be repaid by sales tax receipts from stores up the Highlands. Tax money! Now that looks like a sweet heart deal to us. And that’s not all. The very same day. Target was a challengin’ the appraisal on their building. Here’s the transcript of that hearing. And on the second page. The man from Target said, “One comment about the land, Target probably would not have built this store if you would not have given them the land.” More free land up the Highlands! And that 12 acre parcel that was given to Target? It was appraised at $6,275,500 for the Tax Year 2009.

So. How do you like them apples? All you unemployed or underemployed men and women in Ohio County. All you employed taxpayers in Ohio County. The Commissioners who you thought was walkin’ on water up the Highlands? They been giving away free land to out-of-state retailers. Land that must have cost a fortune to fill and grade, and fill and grade, and fill and grade until they had 60 flat acres to give to Cabela’s. And another fortune to fill and grade, and fill and grade until they had 12 flat acres to give to Target. And don’t forget that free $37 million retail building for Cabela’s. How did they pay for all that free stuff. SDEX revenue bonds. That’s how. Bonds that have to be repaid over the next 25 years from sales taxes up the Highlands. Your tax money! One other thing. We all know out-of-state interests bought up most of the coal in West Virginia. For a song in the last century. They promised long-lasting, good-paying jobs. Remember? It didn’t last. But the coal companies made a mistake. They left the land. And next time somebody wanted that land? We always thought, by god they’re gonna’ pay! But not here in Ohio County. Not only was the land free for the out-of-state retailers. But the Commissioners used tens of millions of dollars in bond money to fill and grade and flatten the land before they gave it away. Bond money that has to repaid from sales taxes at the Highlands. For the next 25 goddamn years! Politicians. They’re always on your side. Always makin’ your world better. Always sweet talkin’ you. And you gotta love them. Don’t yeh?

Debt Tree Keeps On Growin’ Up The Highlands

2010-03-04T20:30:00.002-05:00

Hear ye, Hear ye, Hear ye! The new numbers are out! Ok, they’re still not really new. But they are out. And this year we didn’t have to wait until Summer. They’re in something the OCC calls its Annual TIF Repository Report for June 30, 2009. It’s for their bondholders. And was posted online with the Municipal Securities Rulemaking Board: EMMA. And it includes the unaudited financial statements for the OCDA. What’s the trend? Same old, same old. That debt tree keeps on growin’ up the Highlands. Numbers are posted to the right. But words of caution. The numbers are over eight months old. They’re as of June 30, 2009. They probably changed. For instance, one loan from WesBanco just increased by $191,274. The story was “Development Authority OKs Loan Resolution” in the Intelligencer. By Shelley Hanson on February 24th. And we all know about that request for an additional cool $30 mil in property TIF bonds. Our reports were “The Highlands: Let’s Look Before You Leap!” and “The Highlands: Back Up The Train Boys!”. Also, the bonds and bond anticipation notes were issued by the OCC. Not the OCDA. The credit line and notes belong to the OCDA. And there’s more debt listed in the OCDA’s unaudited financial statements. A lease “to acquire land” that has a present value due of $466,123. And our favorite from last year has increased. It’s now $1,860,394 in advances from the OCC “to provide interim financing for the project.” Taxpayer money in the form of advances from general revenue being used to build the Highlands? We still don’t know. But you can ask Commissioner David Sims. He likes to comment online with the folks at the News-Register. So it’s all in the report. Along with the assets. And rent revenues. All there once again for the intrepid to read. Good hunting!

The Highlands: Back Up The Train Boys!

2010-02-20T19:00:00.004-05:00

Shhhhhhhhhh, hush now! Ohio County Commissioner Randy Wharton and Ohio County Administrator Greg Stewart have a secret. Two really. They don’t want you to know. But we found out. Heard it through the grapevine. At 10th and Market. Landowner David O’Brien sent a long letter to Mr. Wharton. With at copy to Governor Manchin. And the Development Office. For the public hearing on the amendment of the TIF District. That extra $30 million they want for the Highlands and Wild Escape. Back on January 5th. The letter’s rumored to be around town. A very limited circulation. They say, a letter that opposed the extra money and called for the resignation of Mr. Stewart. And the Commissioners from the Ohio County Development Authority. They say, it spelled out lots of problems at the Highlands. We’re looking for it. And when we find it, we’ll report it.

But oh, we almost forgot. There are two secrets. What’s the second? Remember how the Commissioners been waitin’ for word from Charleston? The latest story was “Commission Waits For Decision on TIF”. By Shelley Hanson last Thursday in the Intelligencer. Well, they heard from the Development Office. But it’s not what they was hopin’ to hear. So it’s a secret. Cause they didn’t get the money. The amendment wasn’t approved. Instead, they have to send more documents. More information. For further evaluation in Charleston. It was sent by Commerce Secretary Kelley Goes to Randy Wharton on February 15, 2010. Read it and decide what you think. But at the Gazette, we’re as pleased as Punch! Happy as a clam! Giddy as a school girl! Why you ask? Cause it finally looks like the state is gonna pony up to the table. The pros from Dover are comin’ to town. And the gravy train is over. Adios, Mr. Stewart. Don’t let the door hit you on the ass on your way out of town. So back up the train boys. We’re lookin’ to get a real project manager at the Highlands!

The Highlands: Let’s Look Before You Leap!

2009-12-30T20:00:00.003-05:00

It sounds like good news up the Highlands. “Ohio County Commissioner Randy Wharton, a development authority member, said he is confident 2009 will go down in the record books for sales at The Highlands. ‘We are looking at in excess of 60 tenants, approaching 3,000 permanent jobs, and the sales figures at the end of December will be record-setting,’ Wharton said.” The story was “Top Stories of 2009 — Good Economic News” in today’s Intelligencer. Reported by Heather Ziegler. Sounds good right? Higher sales means higher sales taxes. And higher sales taxes means more money for the County. To issue more SDEX Bonds and build more buildings. Right? Yeh, but there is one teeny, tiny, little, potential problem. According to the Annual TIF Report for June 30, 2009, the latest available, the total assessed value of personal property owned by retailers and restaurants at the Highlands was $34,037,534. That sounds great! So where’s the problem? Well, it has to do with the Annual TIF Report for June 30, 2008. In that report, with less tenants, the total assessed value of personal property owned by retailers and restaurants at the Highlands was $39,883,042. What? We’ll put it another way. Although they added tenants to the Highlands, the total assessed value of the personal property (furniture, fixtures, supplies and inventory) owned by retailers and restaurants dropped by $5,845,508 between July 1, 2007, and July 1, 2008. And judging from the Annual TIF Report for June 20, 2007, the problem goes back to July 1, 2006. All before the Bush economic meltdown in September 2008. Whoa!

Compare the assessed values listed on the Personal Property TIF Accounts for 2007, 2008, and 2009. On July 1, 2006, the assessed value of Wal-Mart’s personal property (furniture, fixtures, supplies and inventory) was $7,476,000. Two years later, on July 1, 2008, the assessed value was $5,269,034. A drop of $2,206,966. What about Cabela’s? Their assessed value for personal property was $10,493,165 on July 1, 2006. It was $8,551,343 two years later. A drop of $1,941,822. How about Target? On July 1, 2006, Target’s assessed value for personal property was $5,334,000. Two years later it was only $2,356,196. A drop of $2,977,804. The same thing seems to have happened at the Power Center between July 1, 2007, and July 1, 2008. In one year the assessed value of the personal property owned by Bed, Bath & Beyond dropped from $1,711,805 to $950,752. Book-A-Million from $1,364,568 to $896,252. Fashion Bug from $545,783 to $107,300. Lane Bryant from $410,737 to $124,159. Michaels from $1,343,041 to $531,937. Petco from $1,508,123 to $377,806. Shoe Show from $728,147 to $167,858. And TJ Max from $2,417,163 to $471,379. Only JC Penney’s, Kohl’s and Russell Stover bucked the trend. Their assessed values for owned personal property increased from July 1, 2007, to July 1, 2008. JC Penney’s from $3,100,380 to $3,316,379. Kohl’s from $1,060,024 to $1,469,894. And Russell Stover from $52,184 to $92,891. What’s it all mean? Candy sells in the Ohio Valley. And things from JC Penney’s and Kohl’s.

Beyond that we don’t really know. It’s probably rather complicated. Without an easy answer. And we won’t know the personal property values for July 1, 2009, until the Summer of 2010. Since the Commissioners keep those kinds of things very close to their vests. So we don’t know if the values went up or down after the economic meltdown. But as we look to the empty space in the Town Center and the West Liberty Building. We have to ask. Why is it empty? And is the emptiness related to the drop in personal property values throughout the Highlands? And the Power Center in particular? And would Wild Escape have made a difference if it had opened as planned in the Summer of 2007? And will there ever really be a Wild Escape? Where’s all this leading? The Commissioners want to issue an additional $30,000,000 in Property TIF Revenue Bonds to build more roads and lay more utilities at the Highlands. It’s in addition to the existing Property TIF and SDEX Revenue Bonds. Already totaling $176,580,000. More government spending and debt. The last report about it appeared in the Intelligencer on December 16th. It was called “Another Public Hearing On $30 Million TIF Plan Slated”. By Shelley Hanson. But we say exercise caution. Do the economic feasibility study required by W. Va. Code § 7-11B-8(b)(3). See if another $30,000,000 in bonds to be repaid with property taxes will really advance the ball. Given the lower personal property values, the empty retail space and the absent theme park. And not just be more wasteful government spending. And debt. Look, before you leap!

A Year Later And Now Who’s Coming To Dinner?

2009-11-05T20:00:00.007-05:00

Here they go again. Like little children. Teasing about new businesses at the Highlands. But refusing to name them. “I know a secret. But I can’t tell you,” said little Shelia. Sound familiar? “[Ohio County Administrator Greg] Stewart added that his office has received letters of intent from 12 other tenants who wish to locate at the Ohio County-owned development next year. While he couldn't yet name those businesses, Stewart did identify those stores that will open at The Highlands in the coming weeks,” reported Joselyn King. The story in the Saturday Intelligencer was “AT&T Store Opens at The Highlands”. Last weekend. Of course, they did tell their bondholders earlier this week. So it’s only fair. We’re telling you. It’s called “Status of Development September 30, 2009”. The new businesses at the Highlands under lease are Howard’s Diamonds, Portrait Innovations, Payless Shoes, Wells Fargo, Daniel’s Men’s Store and Fat Fish Blue with Funny Bone. Those with a letter of intent or draft lease are Game Shop, Longhorn Steakhouse, Kay Jewelers, Christopher Banks, CJ Banks, Famous Footwear and Joann Fabrics. And there’s a list of property in discussion which includes Dick’s Sporting Goods for Dad. New York & Company for Mom. Toys-R-Us for little Shelia. And Red Lobster for the seafood lover in you. There’s also a hint of light manufacturing folks. They call it, “MFG - Warehouse (Confidential). Maybe some better paying jobs. Just in time for the election of 2010.

Is the list accurate? It should be. It’s included in the County’s “SDEX - Quarterly Disclosure Report For the Quarter Ended 09/30/09”. That’s a mandatory disclosure intended for their SDEX bondholders. It was posted online with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access. AKA EMMA. And here’s the kicker. Intentionally or recklessly false statements in the mandatory disclosures are prohibited by Section 17(a) of the Securities Act of 1933 and Rule 10b-5 and Section 10b of the Securities Exchange Act of 1934. So yeah. We think the list is accurate. On the other hand, it also says The Wine Store will open at the Highlands on April 1, 2010. That’s April Fool’s Day. And contrary to the news report. “At first, we [Greg and Diane Myers] were looking to go to The Highlands, but the rent was a little too much for us. Then we tried to get things going in Ohio, but found out it was much easier to get permits over here,” quoted Casey Junkins. The story was “Wine House Opens in Centre Market”. In the Intelligencer on October 26th. And then there’s that thing about Wild Escape. According to the Status of Development, the Wild Escape Theme Park will open in March 2010. Now we know that won’t happen. They still haven’t picked the friggin engineers! “He [Greg Stewart] expects to recommend to the authority during its next meeting, tentatively set for 5 p.m. Nov. 17, an engineering firm to oversee earthwork at the site,” penned Shelley Hanson. The story in the Intelligencer was “OCDA Working to Buy Back Highlands Acreage”. On October 29th. So we ask ourselves once again. Is the list accurate? It should be. But we don’t know. We just report. You make the call.

Wild Escape Theme Park: A Dry Well?

2009-10-13T21:00:00.007-04:00

Remember, how they told us for a couple years all they needed was the permits? And then they got them. And then how they only needed new engineers? To be picked last July. “Stewart said he hoped the committee would pick a firm by next week,” wrote Shelley Hanson. That was July 22nd. The story in the Intelligencer was “Engineers Interviewed For Planned Theme Park”. Remember? And how many disbelieved when we opined in August that meant more delays? The story was “Wild Escape Theme Park: SUSFU”. Well, guess what folks? It’s official. From the mouth of Steve Minard. Developer of Wild Escape. Keri Brown of West Virginia Public Broadcasting reported, “Minard said once an engineering firm has been selected, he expects to break ground on the theme park sometime next year.” The story was “Highlands Development Growing Despite Recession” on September 14th. The State Journal was a tad more pessimistic a week earlier. Ohio Valley Correspondent Linda Harris wrote, “He [Minard] said it’s too soon to say when work will begin, although its conceivable crews could be on site in 2010.” The report was “Developer Says Wild Escape Plans Remain On Track”. That was posted on September 7th. Oh. And BTW. As of last month. They still hadn’t picked the friggin engineers! “Stewart mentioned that an engineer to oversee future earthwork at a planned Wild Escape Theme Park at The Highlands still has not been chosen by the OCDA’s review committee,” penned Shelley Hanson. The report appeared in the Intelligencer on September 16th. It was entitled “County Resident Says His Well Has Gone Dry”. A metaphor? Perhaps. Why more delays? The adjacent landowner? Lack of development money? Intransigent engineers? All of the above? Something else? Who knows? They hold their cards so very close to the vest. So, we’ll have to wait and see again. And wait and wait and wait … But don’t hold your breath for Wild Escape. Cause’ we’re concerned that well may be going dry. But if you really want to ride Shock Tower, it looks to us like you can do it in Spain. Abismo. Parque de Atracciones de Madrid:

No Name City Is Your Reckoning Day Near?

2009-10-11T08:00:00.006-04:00

Rumor has it the feds refused to build over the mines. Worried about subsidence. But the County bought the property anyway. And they did have a stability study done. By Michael Baker Jr., Inc. of Beaver, Pennsylvania. It even addressed the old mining activity: “The Valley Camp Coal Company operated an underground coal mine in the Pittsburgh seam below the site at elevation 660 to 680. The mine refuse disposal area northwest of the Phase I boundary is part of the mining operation. Mine maps obtained from the West Virginia Geological survey show that the area of mining was extensive with pillar removal through the retreat mining. Although future subsidence is possible, the risk is low because of the 560 to 600 feet of primarily rock overburden and with no observed sinkholes at the site. For comparison, a 100 to 200 feet depth to the mine is a high subsidence risk. This risk can be further defined with a test boring program. (For Example subsidence fractures in the rock within 100 feet of the surface will increase the risk. Thick massive sandstone and limestone layers within the 600 feet of overburden would lessen the risk). Using a borehole camera may show near-complete collapse of the mine roof indicating that most of the subsidence has already occurred thereby reducing the risk. However, a comprehensive investigation would cost over a $100,000 and there is no guarantee that the estimated subsidence risk would be further defined.”

We heard no other mine stability study was done at the Highlands. The County went ahead with Cabela’s. The store and distribution centers. No problem. Followed by Wal-Mart, Target, the Power Center, Penny’s, Kohl’s, the Town Center. And outbuildings. No problem. Right? Oh, wait. On September 7th, Shelley Hanson reported, “Cabela's is reviewing contractor bids for a project to repair a portion of its Distribution Center at The Highlands. The center was constructed a few years ago, and since then a portion of it has started settling, forcing the company to seek a solution.” The story in the Intelligencer was “Cabela’s Seeks Help To Repair Distribution Center Wall”. “The S.W. corner has settled over one foot,” wrote Jim Rosenberry of Wheeling to the News-Register on October 2nd. Nah, it’s probably not the mines. The centers were built on top of the hill. Partially on fill. About 1,250 feet above sea level. That puts any mines 570 to 590 feet below the distribution center. Michael Baker said that’s a low risk. It’s probably the fill. As Michael Baker said, “To eliminate all settlement, all foundations should be placed on rock by constructing spread footings directly on excavated rock and by installing drilled caissons (drilled piers) through the fills and into bedrock.” Did they do that? We have no clue. Except that the corner is settling. So, maybe they didn’t do it. And it’s probably the fill.

But what about Wild Escape? Not the part on the hill. The part on the fill. In Storch’s Run. The run drops from around 990 feet to about 790 feet above sea level in the proposed fill area. The elevations are on the Conceptual Plan for Expanded Phase V from June 2008. That puts the fill as close as 110 feet from possible mines. The mine map from the W. Va. Geological & Economic Survey shows they’re down there. Somewhere. And Michael Baker said that’s a high risk of subsidence. And they’re planning on putting 15.9 million cubic yards of fill in the valley. It’s in the Erosion and Sediment Control and Storm Water Management Plan for Expanded Phase V revised June 2008. That’s got to be some heavy shit. And all those rides shaking the hill. All day and into the night. The County needs to do a study before starting the groundwork. Like Michael Baker suggested. Find out if there are mines under the proposed fill area. Drop down cameras. See if they’ve collapsed. Or not. Take any needed corrective action. The last thing anyone wants is some sinkhole swallowing the folks in the theme park. Or the parking lot. That’s bad for business. It’s also rough on the folks. Somebody could get hurt. Greg Stewart! Steve Minard! New engineering guys! Be proactive. Not reactive. Do the study. We don’t want Wild Escape to become another No Name City like in “Paint Your Wagon”.

Disputed Land Lies Vacant

2009-09-27T08:00:00.004-04:00

“Weeds, glass, bricks, pieces of pipe, and shingle splinters have replaced the knot of aging homes at the site of the nation's most notorious eminent-domain project,” wrote Katie Nelson of the Associated Press. It’s about New London, Connecticut, and the New London Development Corporation. It’s about using eminent domain for private development. It’s about the infamous property-rights case from the Supreme Court. Kelo v. New London. Won by the Development Corp. It’s about the failure to compromise and lengthy litigation. It’s about the economic cycle and empty lots. "I don't think this is what the United States Supreme Court justices had in mind when they made this decision," said plaintiff Susette Kelo. The story appeared in the Philadelphia Inquirer. On September 26th. It’s called, “Disputed Land Lies Vacant”. In New London, Connecticut.

Wild Escape Theme Park: SUSFU

2009-08-16T16:00:00.005-04:00

We were asked to keep quiet. Last January, David O’Brien of New Jersey was seen at the City-County Building in Wheeling. He owns that land next to Wild Escape. We e-mailed him. Said we wanted to tell the story. He replied that he was just there to look over some papers. That FOIA request we reported last November. The story was “O Records, Records, Wherefore Art Thou Records?” Nothing more. But he asked us to keep quiet. Said these were delicate times. And the County was a might skittish. So we kept quiet. A couple months later Mr. O’Brien was seen walking in downtown Wheeling. A car from Jersey parked next to the City-County Building. By the back entrance. Settlement talks? We hoped. We even prayed. But things went wrong. Terribly wrong. It happened in a telephone conversation. Thursday evening. March 26th. Between Ohio County Administrator Greg Stewart, Wild Escape developer Steve Minard and Mr. O’Brien. Mr. Stewart left Mr. Minard alone on the line with Mr. O’Brien. Not much is known about that conversation. All we heard so far was Mr. Minard threatened to cut off Mr. O’Brien’s land. Mr. O’Brien would get nothing. Mr. Minard got angry, called Mr. O’Brien a dick and hung up on Mr. O’Brien. And the next day an appeal of the AMD – Storm Water Permit for Wild Escape was mailed to the Environmental Quality Board in Charleston.

Things got ugly. Mr. Stewart went ballistic on the beach. He threatened legal action if there were more delays for Wild Escape. He refused to negotiate until the appeal was withdrawn. Time passed. No negotiation. The Department of Environmental Protection came to the rescue. We thought. Attorney Jennifer Hughes at the DEP. She filed a Motion to Dismiss. Mr. O’Brien filed too late, she said. He blew a deadline. Mr. O’Brien didn’t oppose the Motion to Dismiss. And the appeal was dismissed. Last April! Today there's still no deal. Nearly four months later. Even though Mr. Stewart said there would be a deal. So, what’s next for Wild Escape? More delays? Yep! Mr. Minard and the County are hiring new engineers. The story was “Minard Plans To Buy 150 Acres.” Here’s the legal notice from the Intelligencer. We worry they may be trying to find a way to work around Mr. O’Brien’s land for less than that extra $32,000,000. The story was “Wild Escape Theme Park: FUBAR.” New plans spell permit modification. That means a new public notice. Probably another opposition by Mr. O’Brien. And this time we don’t imagine he’ll blow the appeal deadline. A lawsuit over water rights for an injunction against the OCDA? Probably. A lawsuit against the Corps of Engineers? Probably. There’s still that Notice of Suit. Remember, Attorney David Judy of Moorefield sent the OCDA and the Corps of Engineers a Notice of Suit under the Clean Water Act on February 26, 2008. Countersuits by the County? That’s what Mr. Stewart said. More delays. Maybe years.

Who’s to blame? Mr. O’Brien? Maybe. He does seem a little greedy. And a might skittish himself. But he has a right to protect his land from government run amuck. He’s just better at it than most. Mr. Stewart? Probably. He’s overworked and can’t focus on any one problem for too long. And he can’t seem to control his commissioners. And goddamit, government officials shouldn’t go around threatening citizens with legal action for protecting their rights. Mr. Minard? You betcha! He says he’s a good neighbor. He says he only wants to help the valley. But he got angry. He threatened to cut off Mr. O’Brien’s land. Mr. O’Brien would get nothing. He called Mr. O’Brien a dick and hung up on him. And now he’s hiring more engineers. Maybe to work around Mr. O’Brien’s land for less than that extra $32,000,000. Maybe to make good on his threat. Spending more money. More delays. More revenue lost by the restaurants and other businesses at the Highlands. Instead of just buying the damn land and building the theme park. Kinda’ reminds us of those townsfolk from Iowa in “The Music Man.” Thought their kids could actually learn to play musical instruments using the think method. Way to go Steve! Big hat, no cattle. Wild Escape Theme Park? We just think, SUSFU.

The Debt Tree Grew Up The Highlands

2009-08-14T19:00:00.014-04:00

Hear ye, Hear ye, Hear ye! The new numbers are out! Ok, they’re not really new. But they are out. And they’re new to most of you. Finally, the State Auditor’s Office released the audit reports for the Ohio County Commission and the Ohio County Development Authority. For fiscal year 2008. That’s the one that ended on June 30, 2008. The OCDA’s audit report was released on June 30, 2009. The OCC’s audit report was released on July 6, 2009. What’s the trend? As if we didn’t know already. The debt tree grew up the Highlands. Numbers are posted to the right. But words of caution. The numbers are over one year old. They’re as of June 30, 2008. They probably changed. You’d think they could be a little more timely. But what are we to do? It’s like blood out of a turnip. Also, the bonds and bond anticipation notes were issued by the OCC. They’re in the OCC’s audit report. Not the OCDA’s. The other debts belong to the OCDA. And there’s more debt listed in the OCDA’s audit report. Two leases “to acquire land” that have a present value due of $3,205,503. And our favorite. $1,299,000 in advances from the OCC “to provide interim financing for the project.” Is taxpayer money in the form of advances from general revenue being used to build the Highlands? We don’t know. We just report. You decide. Or ask a Commissioner. It’s all in the audits. Along with the assets. And rent revenues. All there for the intrepid to read. Enjoy! Or should we say, good hunting!

Wild Escape Theme Park: Charlie Foxtrot Redux

2008-11-18T20:18:00.004-05:00

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

2008-11-02T10:30:00.010-05:00

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?

2008-10-26T15:07:00.009-04:00

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

2008-10-25T16:30:00.019-04:00

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

2008-10-18T19:45:00.014-04:00

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?

2008-09-01T07:11:00.012-04:00

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

2008-07-31T19:55:00.008-04:00

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.

My Father’s Legacy: Voices for Justice

2008-07-01T20:12:00.009-04:00

The questions have been asked. Why is that hillside property so sentimental to Mr. O’Brien? Why is he fighting so hard to be treated fairly? Or left alone? Bluebird knows the story. But it isn’t Bluebird’s place to tell. Still, the truth always seems to come out in the end. It’s a simple story really. A rather sad story. As told in My Father’s Legacy: Voices for Justice.

Prologue

The day began as the day before it and the day before that one. A black hole, so deep he wondered if he could climb out of bed. “I’m only a shadow of myself,” he thought. Was this just an evil trick of his brain or had he changed so much? When did his present struggles begin? His mind raced upon awakening. No stopping the noise. Now he was afraid of himself.

This day would be different, he reminded himself. He had plans. He knew there was a way out.

Dressing for the day, he chose a blue suit with white shirt and a favorite red tie. It was too obvious that he had lost weight. He didn’t dare stare too hard in the mirror. The reflection suggested worry and weariness.

His financial problems began when he left the family law firm. It appeared to be a positive move, founding another firm with two of his friends. But something snapped. His life was a whirlwind of activity and creative ideas. He was empowered and moved mountains, spreading joy to those he met. Or so he thought.

But then he suddenly fell into a dark chasm of depression. No choice but to go to the hospital for psychiatric care. Six long weeks. People shuffling around like zombies most of the day. Sleepless nights. Gray days. Too dark to move.

His doctor prescribed medication that would bring him back to reality. That’s what the doctor had said. Only he had to be patient. “It takes time for medication to work,” the psychiatrist told him. “It takes time for the medication to be effective. But it will be better…someday.”

And so he waited in darkness for three months. Despair. Deep despair. His thoughts drifted to “what-ifs.” What if he could return to his family’s law firm? What if he did not have such deep financial problems? What if the State Road Commission of West Virginia had not seized his beloved camp of 20 years though eminent domain, in his eyes an abuse of power that took a slice of his heart? What if his new law partners would allow him to come back to the firm now instead of waiting for a complete recovery? No, No. No…This is madness.

Breakfast was simple: a bowl of shredded wheat, milk, O.J. He had little appetite of late. Nor interest in conversation. He said nothing to his wife. His three children had already left for school. He sat and remembered. He cried within. No one understood his pain. No one understood his behavior. There were snickers and hushed talk on the rare occasions he left his safe house.

He kissed his wife goodbye that Monday morning. The signs of spring were in the air as he drove his Chevrolet up the avenue. Instead of turning left as was his routine of late, he turned right. The car knew the way. Although he might be missed at the bank where he did routine legal work for half a day, people would know: it’s another bleak day.

There was no flash of better times, no signs of new life that he saw out his window. There was irony. Springtime is a time of new beginnings, of hope, of desire. In his depressed state of mind spring reminded him of the what-ifs, and he continued driving without thought, only darkness.

Many factors triggered his gloom. He had begun to deteriorate rapidly. He fought to save his Camp as best he could in his crippled mental state. Camp was not only home to him; it was respite from the ills he experienced daily, the imbalance in the legal system he had so proudly represented. He wept at the injustice done to many and rejoiced in the success of a few. Camp was his piece of heaven, where he enjoyed peace and solace.

Justice was on his mind that Monday morning. He was obsessed with visiting the Camp one last time before it was torn down for the new Interstate. Justice? There had been a last minute maneuvering, a change in routes for the planned Interstate. The State Road Commission of West Virginia chose a second option, one that would destroy Camp. He no longer had the energy to fight, but he had plans.

It was a late Monday morning when he drove off the country road and onto his property. Camp appeared sad and naked. Everything had been removed the day before except for a few items. He felt empty as he thought back to November. He had taken a stance: Justice in the guise of a stop sign. He impaled the sign in the ground in a futile attempt to stop people from trespassing. Or was it a futile attempt? Maybe it was an act of defiance by a deeply troubled but just man. Someone had removed the stop sign. He had no voice.

He proceeded into the now empty house and walked with purpose to the closet. A “what-if” came to his mind. What if the family had not left the guns yesterday when they cleaned out the Camp? Sick in mind, body, and spirit, he slowly walked up the steps to the attic. With no more thought he aimed the gun at his head and pulled the trigger. He found his way out. He quit.

On a dreary Monday in March 1965, he left a legacy. A rich legacy. One that continues as his spirit rises from ashes and guides others today. It’s quite simple. Stop: it’s time for all of this to change. It matters what we leave behind. Justice is attainable. Our lives do make the difference. Now it’s my turn for I am my father’s daughter.

Christine O’Brien Stenger

Oh Where, Oh Where Has The Theme Park Gone?

2008-06-14T16:15:00.004-04:00

It’s been over three months and nary a word. At the Gazette, we understand. They’re trying to keep things kinda quiet. They don’t trust the public. They don’t like criticism. They only like praise. Mr. Stewart doesn’t want to “hash all of this out in the local paper again.” He has “tried to squash all media attention on the permit issues.” That’s what Mr. Stewart told the Corps of Engineers in an e-mail on April 5th. And it seems to have worked. Nothing really in the news except a nice low-key article on Saturday, June 7th. It’s entitled, “Highlands Receives Permit for Straub Lot.” It was on page one in the print edition of the Intelligencer. But the online link was buried. It didn’t appear anywhere near the front page of the website. The usual posters missed it completely. Is there a government-media conspiracy to keep the public uninformed and quiet? Has the County been “squashing” the 1st Amendment? It seems that way. But we can’t be sure. You be the judge.

According to the Intelligencer, “Greg Stewart is still waiting for earthwork permits for the planned Wild Escape theme park - but he has been granted a permit for the new Straub Honda-Hyundai site at The Highlands. … ‘We will do whatever we can to comply with their (the Corps) requests for additional information,’ Stewart said.” That’s about it. There’s nothing about Mr. Stewart’s claim on April 5th, that the County “will most likely be sued” and “will have to look for relief” if they don’t get the permit for Lot 9. Who was going to sue the County? Contractors and tenants, according to Mr. Stewart’s e-mail to the Corps of Engineers on March 29th. Has Mr. Stewart been threatening the Corps of Engineers? We’re not really sure. There’s also nothing about Senator Rockefeller. Mr. Wharton “is the contact with Senator Rockefeller’s office for us,” according to Mr. Stewart’s e-mail to the Corps of Engineers on April 28th. Has Senator Rockefeller been involved in the permitting? We have no clue. And there’s nothing about the rumors around town that the Corps of Engineers told Mr. Stewart to get his development off Mr. O’Brien’s property. What’s up with that? We may know something here.

If the rumors are true, it may be good news for Wild Escape. We’re hopeful Mr. O’Brien will not want to file lawsuits over the permitting if the development and access road are off his property. But it may be bad news for taxpayers of Ohio County. And customers of the Highlands. Taking the development and access road off Mr. O’Brien’s property means the County will have to build at a higher elevation. That means more dirt to fill the valley. And less dirt from the hill. They will also need to replace the dirt that would have come from cutting the access road through Mr. O’Brien’s property. Where will they get the dirt? We have no clue. But it’s going to cost a lot more money. They will have to haul it to the site. Maybe an added 15 to 20 million dollars. Maybe more. And we’ve heard the new plan removes the lower access road altogether. All theme park traffic will use the Cabela’s Interchange. Along with the business employees, retail and restaurant customers and trucks to Cabela’s Distribution Center.

But it’s all good news for the Ohio County Commission. Messrs. McCormick and Wharton may get their way. Sort of. They may get to build Wild Escape without buying Mr. O’Brien’s property. They will save that $1,037,000. So what if there’s been a two year delay. And so what if taxpayers will have to pay off an additional 15 to 20 million dollars in TIF bonds. A little bit of Washington right here in Ohio County. So what if Cabela’s Drive sometimes becomes a parking lot. A little bit of Los Angeles right here in Ohio County. So what if someone later buys Mr. O’Brien’s property and opens a casino next to Wild Escape. A little bit of Los Vegas right here in Ohio County. The most important thing is that Messrs. McCormick and Wharton get their way. Sort of. That has to be right, doesn’t it? We don’t know about you, but we’re beginning to think, FUBAR.

Wild Escape Theme Park: Déjà vu?

2008-03-11T19:37:00.011-04:00

What’s the status of Wild Escape? A brief review. In December, Ohio County Administrator Greg Stewart “told members of the Ohio County Development Authority Tuesday paperwork concerning the permits have been submitted to the corps. He said, ‘Hopefully, they will respond by mid-January.’” The story was “Ohio County Waiting For Wild Escape Permits.” In January, Wild Escape Developer Steve Minard said, “I believe we are getting very near the end of this permit process and should be able to get to work fairly soon.” The report was “Theme Park Plan Frozen Solid.” But, in February, the Corps of Engineers was still “reviewing county officials’ responses to the series of public comments made regarding the proposed earthmoving work for Phase V.” There was “no time frame for making a decision on the status of the application.” The story was “Permit Problems Stall Wild Escape.” And in March, the OCDA and Corps of Engineers “reviewed public comments and now the county must respond to some comments and concerns.” The report was “Permits for Theme Park Still in Up the Air.” Nothing more from the local news media. Time for more open government.

The public comments were posted at the Highlands Gazette under the story “Corps Could Sink The Highlands?” on November 3, 2007. The response to the public comments by the OCDA came on November 26th. An Alternatives Analysis was included with the submission in November. But their application was still missing a key component. The mitigation plan. Despite Mr. Stewart’s statement to the OCDA’s members in December, the Mitigation Plan was not submitted to the Corps of Engineers until February 2008. Meanwhile, replies to the OCDA’s response began arriving at the Corps of Engineers. A federal reply came from the U.S. Fish and Wildlife Service on January 28th. A state reply came from the W. Va. Division of Culture & History on the 31st of January. The same date a reply was sent by David O’Brien of New Jersey. The U.S. Environmental Protection Agency replied February 13th. The reply from the Corps of Engineers was hand-delivered to the OCDA at a meeting on February 19, 2008. Not good.

Remember how Mr. Stewart said “he does not anticipate any problems with fulfilling the corps’ requirements for Lot 9”? The report was “Straub Cruising To The Highlands.” Wrong again Mr. Stewart. Opposition spread to the site for the Straub Auto Dealership. The reply from the U.S. Fish and Wildlife Service on January 28th also addressed Lot 9. Mr. O’Brien’s comments on Lot 9 were sent on February 11th. Additional federal comments were sent by the U.S. Environmental Protection Agency and the U.S. Department of Agriculture on February 13, 2008. Mr. O’Brien is also opposing 401 Water Quality Certification from the WV Department of Environmental Protection for Wild Escape and the Straub Auto Dealership. Mr. O’Brien’s comment letter for Wild Escape was sent on February 28th and his comment letter for Lot 9 was sent on March 1st. What’s it all mean? We’re not sure. We could be wrong. But, it looks like the OCDA wants to do it their way. They ignore permitting requirements and simply blow off the comments by federal and state agencies. The OCDA just doesn’t seem to get it.

The dispute between Messrs. McCormick, Sims, Wharton and O’Brien is one step closer to the courthouse. Attorney David Judy of Moorefield sent the OCDA and the Corps of Engineers a Notice of Suit under the Clean Water Act on February 26, 2008. According to a report in The State Journal, Mr. O’Brien is concerned that, “if the Phase 5 permit is issued, his rights as a property owner will be violated. … the parcel is still showing up in maps of the project area.” Commissioner David Sims reportedly replied, “the O’Brien property isn’t part of their Highlands planning. ‘If we don’t own his property, we’re not going to go on it’, he said. ‘Our intent right now is to just work around him, he can keep the property and do whatever he thinks he can do with it.’” The story was “Land Owner, Army Corps Continue Scrap over Highlands Land.” And it’s Clintonesque. At the Gazette, we know that the plats and plan of the County for the access road and retaining walls are still shown on Mr. O’Brien’s property. Remember that Final Grading Plan for Phase V from November 30, 2007? It hasn’t changed. So what’s the status of Wild Escape? Déjà vu? No, SNAFU.

How Much Is That Doggie In The Window?

2008-01-19T12:25:00.000-05:00

Their offer for Mr. O’Brien’s land was only $15,000. Their big law firm threatened him with eminent domain when he wouldn’t take the offer. Mr. McCormick and Mr. Wharton refused the deal worked out with Mr. Stewart for $900,000. Mr. O’Brien fought back to protect his land and brought Wild Escape to a screeching halt. Mr. McCormick claimed it was only worth $210,000 based on an appraisal which lowballed the value. Mr. Sims posted that $210,000 was $209,000 more than it was worth. It was assessed for only $3,480. But Mr. O’Brien’s appraisal was for $1,037,000. How much is that doggie in the window? It’s official. Ohio County Assessor Gregory J. Kloeppner has spoken. Mr. Kloeppner determined the land has an assessed value of $497,460. According to Mr. Kloeppner, its fair market value is $829,100. It’s time to end the nonsense. It’s hurting Ohio County. Buy the land or get off it and build Wild Escape.

The Animals Went in Two by Two

2008-01-11T15:21:00.000-05:00

Remember the article in the Wheeling Intelligencer entitled, “Commissioners Addressing Public Comments”? It’s the one that disappeared only to reappear - a week or so before Christmas. Attorney David Judy was quoted, erroneously we have since been told, saying that the planned Wild Escape site could cause great damage to the area. “If you think Wheeling Creek has flooded in the past, those floods will be nothing compared to what will happen if they do what they want to do with that theme park,” Mr. Judy was misquoted saying. At 4:49 AM, Commissioner David Sims struck back in a post, “This is simply not true. The County has constructed several storm water management ponds at the site to DEP [WV Department of Environmental Protection] specifications. Those ponds control the amount of water that flows into Wheeling Creek from the site during a rain. Prior to the County developing the site, there were no controls on the amount of water flowing off of the site. Because of the ponds, less water flows off the site during a rain than prior to development taking place.” Later Bluebird responded, “I saw Middle Wheeling Creek explode out of its banks when hurricane "Ivan" came through and Big Wheeling Creek didn't raise near as much. You are kidding yourself if you think your ponds will be effective in that situation.” Before the article disappeared Mr. Sims countered, “The assertions made regarding the creeks are total nonsense. The Big Wheeling creek flood after Ivan was the largest in recorded history. The County's storm water management ponds functioned exactly as they were designed by the DEP. The water flow from the site was properly controlled and restricted. Had the County not developed the Highlands and constructed the storm ponds, the water flow would have been worse and would have exacerbated the flooding.”

At the Gazette, we have no clue what’s right. Here’s what we think we do know. Rainwater is absorbed into the ground on the top and sides of wooded hills until the ground becomes saturated. As the ground becomes saturated, less and less rainwater will be absorbed into the hillside causing more and more rainwater to reach the creeks. At what point does the ground become saturated? We don’t have a clue. What amount of rainfall in 24 hours will saturate the hillside? Once again, we don’t have a clue. However, when you level the hills, build buildings and pave the parking lots most of the rainwater falling onto the area now flows into the creeks. That is, unless you divert the rainwater into storm water control ponds. The ponds collect the rainwater during a storm and slowly release the stored water over 2 to 3 days. And it does appear that the storm water ponds being built for Wild Escape will release less water during a rainstorm than would have been released before the OCDA leveled the hills, built the buildings and paved the parking lots. At least that’s according to plans the OCDA submitted to the DEP for storms in which up to 2.52 inches of rain falls in 24 hours. What about storms in which greater than 2.52 inches of rainwater falls in 24 hours? We don’t know. Is there a point at which time the ponds will fill up allowing all additional rainwater to flow into the creeks? Apparently. The ponds all have emergency release spillways at the top. Based on the plans, it appears the ponds will begin filling up and may overflow during storms in which more than 4.39 inches of rain falls in 24 hours. How often will a storm occur during which rainfall exceeds 4.39 inches in 24 hours? We don’t have a clue. How often has it occurred in the past 25 years? We still don’t have a clue. How much rainwater fell during Hurricane Ivan? The State Journal reported the rainfall totaled nearly 9 inches. And what happens if the County expands the current 1,000 acre development to 3,000 acres running for two miles on both sides of Interstate 70? Again, we don’t have a clue.

The public notice for the draft permit from the DEP that will allow the OCDA to fill in the acid mine drainage sediment ponds in Storch’s Run and build the storm water control ponds around Wild Escape was published in the Intelligencer and News-Register on January 9, 2008. There are 30 days for the public to comment on the draft permit from the date of publication. Any comments from the public must be received by the WV Department of Environmental Protection, 601 57th Street SE, Charleston, WV 25304 by Monday, February 11, 2008. You may use regular mail or e-mail. The notice stated that the permit application, draft permit and fact sheet (if required) are available for review in Charleston. At the Gazette, we believe the proposed acid mine drainage and storm water control plans are too important to the residents of Middle Wheeling and Wheeling Creeks to only be available in Charleston. The application materials, storm water management plan and relevant diagrams are available below for download:

1) Draft NPDES Permit No. WV1011642 dated December 20, 2007;

2) Application for Modification of NPDES Permit No. WV1011642 dated March 6, 2007;

3) Exhibit 1-VI-A (Without Interchange) to Application for Modification certified October 31, 2007;

4) Erosion and Sediment Control and Storm Water Management Plan for Expanded Phase V (Part A) revised October 2007;

5) Erosion and Sediment Control and Storm Water Management Plan for Expanded Phase V (Part B) revised October 2007;

6) Drainage Area Plan (Without Interchange) for Expanded Phase V certified October 30, 2007;

7) Existing Conditions for Expanded Phase V certified November 30, 2007;[1]

8) Initial Erosion and Sediment Control Plan for Expanded Phase V certified November 30, 2007;

9) Final Erosion and Sediment Control Plan (Without Interchange) for Expanded Phase V certified November 30, 2007;

10) Final Grading Plan (Without Interchange) for Expanded Phase V certified November 30, 2007; and

11) Underdrain Wetland Filtration (Without Interchange) for Expanded Phase V certified November 30, 2007.

At the Gazette, it’s what we don’t know that bothers us the most. Our apologies to Mr. Sims. But as Michael posted, “‘The [Commissioners] doth protest too much, methinks.’ Hamlet, Act 3, Scene 2.” The stakes are simply too high to just trust the fevered postings of a politician with an axe to grind. Our hope is that residents or good Samaritans with knowledge of past rainfall totals or civil engineering will review the OCDA’s plans. If something is wrong with the plans, let the DEP know while there is still time to change the plans. If there is simply too much risk of flooding, let the DEP know while there is still time to change the plans. If there are alternatives to dumping all that water into Middle Wheeling Creek (like a pipe to Wheeling Creek or the Ohio River), let the DEP know while there is still time to change the plans. Ask for public hearings. Surely no one, including Mr. Sims, wants those little kids at Middle Creek Elementary climbing up the embankment in a rainstorm again to reach the interstate and escape the flood waters.

[1] It turns out Mr. O’Brien’s land appears on the plans. It’s shown as a ten-sided polygon on the hillside north of Interstate 70 between the Interstate right-of-way and Phase V of the Highlands.

Commission Waits On Corps Response?

2007-11-18T13:02:00.000-05:00

A week later it’s still a mystery. No explanation from the Intelligencer or News-Register. Why is the “Commissioners Addressing Public Comments” story with all the comments from the citizens still “currently unavailable” at the Wheeling Intelligencer? It’s in a cache at Google. Why couldn’t the citizens post to the new article “Sims: No Further Permits Needed” in last Sunday’s News-Register. Are they trying to censor the citizens? What are they afraid of? Are they afraid of what the citizens might say? Are they afraid of the truth? Are they afraid of a quote from Mr. O’Brien’s comments to the Army Corps of Engineers:

“The OCDA will claim that the fills of these streams were authorized by the Corps of Engineers. See Corps of Engineers letter, dated January 12, 2004, Exhibit “HH”. The claim is specious. Initially, the letter clearly misquotes the earlier letter of July 8, 2003. See Corps of Engineers letter, dated July 8, 2003, Exhibit “O”. It also states the highway next to the Highlands is I-79 when it is obviously Interstate-70. Instead of clarifying the inconsistencies, like a child who obtains a “yes” from the second parent without mentioning the “no” from the first parent, the OCDA, in their haste to complete the Cabela’s Distribution Center No. 2, quickly filled in the jurisdictional stream channels on Phase IV-B. The law certainly requires the reasonably prudent developer to clarify such inconsistencies. The OCDA was obligated to clarify and their failure to do so vitiates a claim they were not required to obtain a 404 Permit.

Secondly, the sweeping exemption from a further permitting requirement at the Highlands was based on the ”description of the area of Phase IVB” and Master Plan sent to the Corps of Engineers by letter dated November 26, 2003. See Pedersen & Pedersen, Inc.’s letter, dated November 26, 2003, Exhibit “II”. The “description of the area of Phase IVB” has not produced to date. However, on the Master Plan, neither Phase III nor Phase V appears to eliminate the unnamed tributaries of Middle Wheeling Creek located between the Highlands and Interstate-70. See Master Plan 1, issued July 17, 2003, Exhibit “JJ”. There was also no unnamed tributary eliminated at Phase VI. There was also no Phase VIII which eliminated the upper 1,000 feet of Storch’s Run. It may have been reasonable for the Corps of Engineers to issue the sweeping exemption under these circumstances. However, when the plan changed and the expanded Phases III, V and VI eliminated the unnamed tributaries and the new Phase VIII eliminated 1,000 feet of Storch’s Run, the OCDA was obligated to advise the Corps of Engineers. The OCDA did not advise the Corps of Engineers.

Thirdly, the Corps of Engineers advised the OCDA that expansion of the previously approved mitigation might be feasible if any further “isolated wetlands or seeps” were revealed. See Corps of Engineers letter, dated January 12, 2004, Exhibit “HH”. The Corps of Engineers did not thereby grant authority to eliminate jurisdictional stream channels and 1,000 feet of Storch’s Run. Moreover, the OCDA never attempted to expand the mitigation approved in connection with the fills under DOA Permit No. 2001000145 and the Nationwide Permit 39 as suggested in the letter from the Corps of Engineers. In fact, as noted above and below, the OCDA never preformed the agreed mitigation. They only began the mitigation under DOA Permit No. 2001000145 in the Summer of 2006 after the Corps of Engineers refused to permit the proposed Highlands Interchange on Interstate-70 until completion of that mitigation. The OCDA has yet to perform the agreed mitigation in Storch’s Run under the Nationwide Permit 39.

Fourthly, the OCDA’s current behavior negates any claim to their belief in a broad exemption from a further permitting requirement. When the OCDA changed the plan to eliminate the lower end of Storch’s Run with the proposed Highlands Interchange, they called the Corps of Engineers. When the OCDA changed the plan to eliminate the rest of Storch’s Run for the expanded Phase V, they called the Corps of Engineers. When the OCDA changed the plan to eliminate the headwaters of two unnamed tributaries at Lot 13, they called the Corps of Engineers. Likewise, they should have called the Corps of Engineers when they changed the plan and expanded Phases III, V and VI to eliminate the unnamed tributaries and added the new Phase VIII which eliminated 1,000 feet of Storch’s Run.

Lastly, even if some of the streams filled were not waters of the United States, they were still waters of the State of West Virginia. Under W. Va. Code § 22-11-8 (b) (1), it is unlawful for any person, unless he holds a permit, to allow wastes emanating from any point source to flow into the waters of West Virginia. In those cases where the state waters are also waters of the United States, a 404 Permit is usually obtained from the Corps of Engineers which provides compensation for the loss of state waters. However, in instances where waters of West Virginia, are not also waters of the United States, there is no 404 Permit from the Corps of Engineers and, therefore, no compensation by way of mitigation for the loss of state waters. These last types of fills are prohibited under West Virginia law without a permit. Accordingly, the Corps of Engineers should withhold approval of the 404 Permit in this case until the OCDA has (i) obtained a permit from the W. Va. Department of Environmental Protection for any prior stream fills which it determines were not within waters of the United States; and (ii) the required remedial measures are undertaken and completed by the OCDA.” End quote.

It turns out the print edition of the missing story had a different ending in the News-Register. And a new title. “Permit Problems Persist: Commission Waits On Corps Response.” The New-Register concluded, “McCormick added that officials with the corps need to tell county leaders what step to take next.” “The biggest problem we have in all of this is that the corps has not been clear on what they want us to do,” Mr. McCormick is quoted saying. At the Gazette, we think that the problem is not with the Corps. The Corps reviews applications for permits. It doesn’t fill them out. The County must fill out its own application. The County must prepare and submit the studies and documents required for a permit. The County must answer the questions raised in the public comments. Not the Corps. The Corps told the County what to do in 6 letters in September and October. But the Commissioners are in over their heads. They don’t know what to do. They don’t know how to do it. And they don’t know who to ask for help. Instead, Mr. McCormick is just waiting for the Corps to tell him what to do. And Mr. Sims simply proclaims, “No Further Permits Needed.”

Sims: No Further Permits Needed?

2007-11-11T07:00:00.000-05:00

Citizens! Why is the article “Commissioners Addressing Public Comments” with all the comments from the citizens “currently unavailable” at the Wheeling Intelligencer? Why can’t the citizens post to the new article “Sims: No Further Permits Needed” at the Wheeling News-Register? Are they trying to censor the citizens? What are they afraid of? Are they afraid of what the citizens might say? Citizens! Post your comments at the Highlands Gazette!

How Much Is That Doggie In The Window?

2007-11-09T21:16:00.000-05:00

A story appeared in today’s Intelligencer, “Commissioners Addressing Public Comments.” It’s that property dispute the Gazette reported October 16th. “Mr. O’Brien wants more than $1 million for a piece of property that has been appraised at $210,000,” Mr. McCormick is quoted saying. Attorney David Judy countered, “We want $1,037,000 for that property or else they are not getting it.” GregsvilleKid was outraged, “I see nothing wrong with wanting more than what the property is appraised for, I know I would, but $800k more is a little much.” At the Gazette, we knew Mr. McCormick was leaving something out. Mr. O’Brien’s property was also appraised for $1,037,000.

The County’s appraisal is from Jarom & Associates in Clarksburg. It’s dated December 13, 2006. Mr. Jarom uses a weighted average of all property purchased by the County for The Highlands. It ranges from a low of $955 per acre in February 2001 to a high of $50,692 per acre in November 2005. The weighted average is apparently $15,205. Mr. Jarom finds, “the subject property value would appear to be between $5,500 and $15,205 per acre. A value of $10,000 per acre is considered appropriate for the subject property.” The appraised value of Mr. O’Brien’s land is $207,100 (20.71 acres at $10,000 per acre). Rounded to $210,000.

Mr. O’Brien’s appraisal is from Potomac Highlands Appraisal Group in Petersburg. It’s dated April 27, 2007. Potomac Highlands compares four recent purchases by the County for The Highlands. A 4.2 acre lot was purchased for $300,000 or $71,429 per acre in September 2003. A 268 acre parcel was purchased for $10,000,000 or $34,965 per acre in April 2005. A 4.2 acre lot was purchased for $168,000 or $40,000 per acre in June 2005. And a 23.672 acre parcel was purchased for $1,200,000 or $50,692 per acre in November 2005. Based on these comparables, Potomac Highlands determined the property is valued at $50,000 per acre. The appraised value of Mr. O’Brien’s land is $1,036,850 (20.737 acres at $50,000 per acre). Rounded to $1,037,000.

How much is that doggie in the window? Experts apparently disagree. Disagree a lot. At the Gazette, we asked ourselves a few questions. Would we be willing to sell our house today for less than the average sale price for all houses in the neighborhood sold since 2001? Or would we only sell our house today for a price comparable to the price houses in the neighborhood sold for since 2005? Since 2006? Or in 2007? We know what we would do. What would you do?

Oh, What A Tangled Web We Weave

2007-11-08T19:32:00.000-05:00

It's Nixonesque. What did the County know? When did they know it? Remember the Intelligencer headline that screamed, “Corps Could Sink The Highlands”? And how Ohio County Administrator Greg Stewart insisted the County did nothing wrong? “When Fred (Pozzuto) took over, he told us we needed to have a permit for the entire site instead of having them done individually. However, in August the corps told us they may not take jurisdiction of 13C. Because we had not heard anything from the corps, we believed we were in the clear on Sept. 28 because that was supposed to be the final day of the corps’ comment period. Therefore, we started work on Oct. 1,” Mr. Stewart is quoted as saying. The Intelligencer continued, “Stewart said construction stopped as soon as he received the letter from the corps.”

Ohio County Commissioner Randy Wharton recently gave an interview to West Virginia Public Broadcasting’s Keri Brown. Mr. Wharton agreed with Mr. Stewart. No mea culpa. No remorse. Just damage control. They didn’t really do anything wrong. According to Mr. Wharton, “It’s not like we’ve really done anything wrong. We started a little bit too early moving a little bit of dirt on a very small lot.” End of story. At the Gazette, we’re not so sure.

There appears to be a smoking gun. It seems Mr. Pozzuto sent an e-mail to Wallace & Pancher of Hermitage, Pennsylvania. They’re the County’s environmental guys. His e-mail told them about the Environmental Protection Agency’s questions regarding possible jurisdiction over streams on Lot 13C. He also requested a meeting at the site to make a field determination on October 4th. The e-mail was sent the morning Mr. Stewart claims the County started filling in those steams on Lot 13C. After not hearing from the Corps of Engineers. It was sent at 9:42 AM on October 1, 2007. Which brings us back to it’s Nixonesque. What did the County know? When did they know it?

Corps Could Sink The Highlands?

2007-11-03T21:10:00.000-04:00

The water seems to be reaching the upper levels. The Intelligencer headline once again screamed, “Corps Could Sink The Highlands.” Ohio County Administrator Greg Stewart insisted the county did nothing wrong. “I just can’t understand how or why all of this has taken so long and don’t see how we have done anything wrong up there,” Mr. Stewart is quoted saying. At the Gazette, we’re not so sure. Some of the comments received by the Corps of Engineers are hard to understand. Maybe that’s why there’s been no news analysis. We can’t explain them. Not in a few paragraphs. The County got all the comments from the Corps. Maybe the County can’t explain them either. It seems helpful to put the comments online for all to read. Open government is best. Isn’t it?

It started with the Public Notice from the Corps of Engineers on September 7, 2007. Federal responses came from U.S. Fish and Wildlife Service on September 24th and U.S. Environmental Protection Agency on October 3rd. A state response came from W. Va. Division of Natural Resources on the 9th of October. On September 24th, comments were sent by Kevin C. Clark, P.E. of Pennsylvania and David O’Brien of New Jersey. Mr. Clark is a professional engineer with a firm in Penn Hills. We don’t know why he submitted comments. Mr. O’Brien is protecting his property and his neighbors along Middle Wheeling Creek. He quotes from a federal court decision explaining the Clean Water and National Environmental Policy Acts.

There are four other comments from people who live in Ohio County. We’ve had a debate at the Gazette about making them public. The public’s right to know. The individual’s right to privacy. We settled on compromise. We’ll briefly describe the comments. The people who made the comments will know who they are. If they want their comments posted online, they can e-mail the Gazette. We will not post their comments unless we receive their permission.

A resident of Elm Grove expressed concern about future flooding along Middle Wheeling Creek caused by The Highlands. He suggested diverting storm run-off to Little Wheeling Creek or Big Wheeling Creek. One couple complained about blasting damage to their house and flooding from The Highlands. Three separate times. They were told by a Commissioner to sue the County. A couple from Triadelphia reported prior water damage from The Highlands. They are also concerned about future blasting damage to their home. Another landowner reported damage to his property by a contractor for the County. And the loss of wildlife on his property since The Highlands was built. He filed a lawsuit against a contractor for the County.

There have been prior problems at The Highlands. Despite Mr. Stewart’s denials. On December 15, 2004, the W. Va. Department of Environmental Protection (DEP) issued Order No. 5681. It told the County to stop doing work without permits. A letter from the DEP on August 12, 2005, noted violations by the County of their permits and Order No. 5681. It asked the County to follow the rules and regulations. Mr. O’Brien alleges that the County filled in steams without permits from the Corps at Phases III, IV, V, VI & VIII in his comments. The Corps of Engineers agreed at Phases IV & VIII in the Public Notice. And now along comes the Cease and Desist Order for Lot 13 on October 12, 2007. Which brings us back to water reaching the upper levels. The Intelligencer headline once again screamed, “Corps Could Sink The Highlands.”

Park Speculation Is Premature?

2007-10-16T19:41:00.001-04:00

It was two weeks ago this week. The Intelligencer headline screamed, “Park Speculation Is ‘Premature’.” Unbelievably, the story began, “It is still too soon to determine whether the Wild Escape theme park intended for The Highlands will get the needed permits to start construction, according to the U.S. Army Corps of Engineers.” No explanation. Nothing further since. For over a year, Messers. McCormick, Sims and Wharton have told us that Wild Escape is coming to Ohio County. It could be open by July 2007. But permitting problems held things up we were told. No further explanation. Maybe it will open by Spring 2008. Two months ago, the Wild Escape permit was back on track with the help of Congressman Mollohan. One month ago, a smiling Greg Stewart, the Ohio County Administrator appeared on the front page of the paper sitting in his office waiting for his computer to announce the arrival of the army permit. Now, in October, it’s premature to speculate on whether the park will ever be built? And again there’s no explanation. Instead, our news media spins their wheels on buses to The Highlands.

We at the Gazette believed it was time to investigate and find out what was going on. We began talking around town. We made some phone calls. We developed sources. We met some in darkened bars. We checked records. We found some documents. Slowly the story emerged. It almost always does when you’re persistent. It turns out the County needs that hillside property owned by David O’Brien. They need it to cut down the hill and build the site for the theme park. They need it to get some of the dirt to fill in Storch’s Run and build the site for the theme park. They need it so they can put their development road on it saving their own land. Land which county tax records now say has a fair market value of $718,000 per acre. They also need the road to try and get around the law forbidding the taking of land for private development in West Virginia. Mr. Stewart was even overheard once saying they moved the road onto Mr. O’Brien’s land so they could take it by eminent domain. There is an alternative. But it would mean using more of their land at $718,000 per acre. It would mean moving millions of additional cubic yards of dirt estimated at $4.00 per cubic yard. Not a good alternative.

Over and over we asked the question, “Why don’t they simply buy the land?” We have not gotten the answer, yet. The response has always been, “I don’t know.” There was even a deal to buy the land back in September 2006. Messers. Stewart and O’Brien worked it out. $900,000 for a little over 20 acres. Mr. Sims agreed we were told. But Mr. McCormick and Mr. Wharton said, “No!” Later, Mr. McCormick was overheard telling Mr. O’Brien that he would “never vote to pay more than $300,000” for the land. If Mr. O’Brien was unwilling to sell for his price, then Mr. McCormick would “take it”. Mr. McCormick said, “I am the government”. But Mr. O’Brien would not be bullied by his former classmate at Wheeling Central Catholic. They had graduated together in 1970. Mr. O’Brien was now an attorney. He simply began to investigate federal and state permitting at The Highlands. He found irregularities. There was mitigation work from the original permitting for Cabela’s that was allegedly never completed. There were stream fills in connection with later phases that were allegedly done without any permit from the Corps of Engineers. Mr. O’Brien reported the irregularities to the Corps.

The original application by the County for the permit for the Wild Escape was sent to the Corps of Engineers in September 2006. Mr. O’Brien was investigating and reporting his results to the Corps while it was pending. In January 2007, the Corps apparently got the message. The Corps advised the County by letter, “We will hold all permit requests in abeyance until all resources for all phases are identified, along with all proposed impacts to these resources be accounted, and mitigated for.” The County was still trying to put the needed documentation together seven months later when Congressman Mollohan intervened to short circuit the process. The Corps bent in the political wind and issued the public notice. A public notice that was issued without all the required documentation. A public notice that confirmed the allegations regarding earlier required mitigation that had not been done. A public notice that confirmed the allegations about stream fills that had been done without the required permit from the Corps of Engineers. The adverse responses to the public notice came quickly from the U.S. Environmental Protection Agency, the U.S. Department of Interior, Fish and Wildlife Service and Mr. O’Brien.

The future looks bleak for Wild Escape. The lawsuits when they start could go on for years. The land the County needs has sentimental value. Mr. O’Brien’s father purchased the twenty-eight acre property with a house and barn in 1956. Both structures were used as summer homes and became known to family and friends as the Camp. But then came Interstate 70. There were two proposed routes for the interstate to take from Wheeling to Dallas Pike in 1964. The probable route ran along the side of the hill. The alternative route ran up the White’s Run valley. It also ran through the house and barn at the Camp. The alternative route was eventually chosen. It was rumored at the time that his father, a Wheeling attorney, intended to fight. However, his father was found dead of apparent suicide in the house at the Camp in March 1965. The house and barn were then taken without opposition for the interstate. The hillside was all that was left of the Camp. Mr. O’Brien is on record as saying the County can buy the land at a fair price for the good of the people of Ohio County. The County can also move their development and road off his property. It’s their choice. Unless one of those things happen, he will continue to fight to protect his land. Which brings us back to two weeks ago this week. The Intelligencer headline screamed, “Park Speculation Is ‘Premature’.”