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Roanoke Group
of the Virginia Chapter

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Virginia's Explore Park -- Love it or Lease it?

Early in 2005, the state appointed board that owns Virginia's Explore Park (Virginia Recreational Facilities Authority - VRFA) decided to lease this 1700 state-owned property for 50 years to a company whose mission is unclear.  The developer's talk of a theme park, water park, hotel, dude ranch, or other intensive development has environmentalists, recreational users, and many others up in arms.  At best this is a "sweetheart" deal, a real give-away of public land; at worst, it may mean the end of Explore Park as a nature preserve and public recreational facility.  The Sierra Club intends to use all legal means to ensure that this park is NOT intensely developed as a tourist attraction for commercial gain.

Below we have posted some of the latest information on this issue.

ARTICLE BY ROANOKE GROUP EXCOM MEMBER BILL MODICA mrbillm@roanokemail.com phone 540-387-2782 (April 2005)

Pondering the future of Virginia's Explore Park……

I don't know quite what to make of the proposed plan to turn the Virginia Explore Park property over to a private developer for the next 50 years. I have watched closely over the years as the park struggled to find an identity and a purpose. Nothing seemed to take hold. Not a Lewis and Clark theme park, not a native American wildlife reserve, not a science education complex, and not even as an historical reenactment of frontier life. When state funding dried up recently, the County of Roanoke generously stepped in to help keep the park operating, but we all knew this was only a temporary solution. The Park's legal owners, the Virginia Recreational Facilities Authority, repeatedly failed to find the right combination of support and of ongoing income to make the park thrive.

In the meantime, the small dedicated park staff and visionary series of Executive Directors kept trying to find the key to energizing local residents and visiting tourists to attend the park and pay for the privilege. In recent years, they have shifted more toward the educational mission of the park, embraced its recreational opportunities by promoting bike trails, fishing, gardening events and family picnics. The outreach to schools became a major activity, along with the historical re-enactors who brought the olden days to life for visitors. Many new structures were incorporated and a new Blue Ridge Parkway Visitor Center opened with exhibits and meeting facilities. The Brugh Tavern changed hands a few times, but continued to provide excellent food and great services to all who stopped in. While not making a lot of money, the park was making a lot of difference and doing a lot of good work. And most important of all, it was maintaining over 1000 acres of natural habitat and forested land for future generations to enjoy.

So now we have the VRFA deciding to throw in the towel, and give the park over to commercial interests. The new developer seems to be a likeable fellow, but he refuses to discuss what he will do and how he will make over the property. He does demand, in the lease terms, the right to do whatever he wants to, with no oversight by the VRFA or the County of Roanoke, including removing the historic structures to make way for unnamed "improvements." He says he will study the situation for up to 3 years, then decide to go ahead or not. There is no penalty if he does not, and the park will be left in limbo, surely in worse shape than it is today and with even less chance of gaining state funding. So what are we, the citizens who have supported the park, to do? No one seems to care to hear from us, as evidenced by the refusal of the VRFA board to listen to suggestions, critiques or comments at their last public hearing. While supporters of the new lease were given unlimited time to pitch their cause, and repeatedly praised from the podium as "the only chance for saving the park," Those who came to speak, including myself, were abruptly cut off after only 3 minutes. Even these short remarks were wasted, since the decision to accept the lease offer had already been made beforehand. I heard many wise proposals advanced, some cautionary concerns, and the feeling that the rush to judgment was premature expressed. Many who would be directly affected, like the staff, the Blue Ridge Parkway, the fishermen, the biking groups and the environmental folks had their concerns stifled and rejected out of hand. It was a dismaying example of an abuse of power by the acting chairman of the meeting. And it was an embarrassing admission by the appointed protectors of the public interest that they had just given up. So now, I am still pondering what are we to do about it? I have a few suggestions how to make the most of the situation. Here they are, in no particular order of importance.

We need to have the lease terms reviewed by competent legal counsel before they are enacted. The clauses that allow the new tenant to offset all the upkeep costs of the park, his staff and his corporate overhead against the rents due are despicable. The provision that allows him to tear down the historic buildings with only a perfunctory notice is unacceptable. The right he reserves to himself to prohibit any use of the park grounds, paid for by the citizens of Virginia, without paying admission fees seems unfair. The likelihood that the pristine areas will be bulldozed over is distressing to say the least, especially because there is no mechanism for anyone to object when it happens. Perhaps most disturbing of all is that the VRFA surrenders all their oversight responsibilities and abandons their obligation to protect the public interest. Why then do we need them at all?

There is no way that we can accept this travesty of a plan to protect the park. I am not alone, of course, in my concerns and objections. A way must be found to provide legitimate oversight and review of any proposed development, or destruction, of the park's resources. The Governor of Virginia must step in personally if necessary to make this happen. The General Assembly must take action to insure that the newly appointed legislative members of the VRFA have a say in what is going to be done. You see, I am not saying that there should not be any development at all considered, although some feel this way. Only that any proposals need to be brought before the VRFA Board for approval and given a public hearing- a fair one and not a rigged one. This way, we, the citizens who paid for the park's land, can be assured that we are going to get the best possible uses and purposes from our investment. If in fact the developer has the best interests of Explore Park in mind, as he has repeatedly said, then why would he object to this minor requirement? But he still needs to pay reasonable rents, respect local access opportunities, and heed the voices of public opinion as he goes about it.

One last observation: Let's also change the clause that allows the developer to sub-lease his interest at any time, without anyone's approval or consent, to anyone he chooses. And let's change the formula that makes percentage rent payments apply only to admission fees and not to other income generated by sub-tenants, sales and revenues from events held in the park. Otherwise, we will never see any money returned to the owners whatsoever. This deal is potentially a disaster for our area and for the state as well, but it is also potentially a benefit. The devil, as they say, is in the details of the deal. And that is where we need to focus our efforts before it is too late. Fifty years is an awfully long time to stick our children with a bad arrangement, just because some VRFA members wanted to wrap up a lease deal in time to get home to watch "Survivor" on television.

I urge all those who care for our parks and our open space, to contact Governor Warner and to demand that he intervene in this transaction by making the Secretary of Natural Resources responsible for future land use decisions and by ordering the VRFA board members to uphold their sworn duties to look out for the public interest and to respect our rights to have a park we can be proud of and can enjoy for years to come.

Letter sent to Governor Warner April 2005 by Andrea Krochalis, Sierra Club ExCom member and Co-Chair of Sierra Club Smarth Growth / Anti-Sprawl Campaign

Dear Governor Warner,

I am writing to express my concerns about the future of Explore Park. The VRFA and Explore Foundation are about to enter into a 50 year lease with a private developer to develop these 1150 acres of public land for private profit. The County of Roanoke has lifted conservation restrictions on this property adjacent to the Blue Ridge Parkway. The BRP and Secretary Tayloe Murphy were not given an opportunity to enter into a review of this lease. Both the EF and VRFA Chairs have acknowledged that this is a one-sided lease favoring the developer.Terms of the lease may even prevent enough funding to pay off the debts.

Effective July 1, 6 legislators will join the VRFA, by your appointment. If the Park is to be handed to the developer before that,I am wondering what purpose these appointments will serve. I would appreciate a list of the appointees, so that local citizens will be able to contact them about the impacts of this decision. These impacts include privatizing publicly held land over citizen objection, access roads, Blue Ridge Parkway congestion, provision of public water and sewer, rezonings, property and neighborhood agreements with adjacent landowners.

I am prompted to write to you as tonight's local news reports funding issues with Mill Mountain Zoo as well. Both of these attractions are along the BRP, in "a last chance viewshed", and are important to the local economy and jobs.

Please consider intervening on behalf of the citizens in the Bedford, Roanoke, Salem, Vinton, and Boutetourt areas. I am requesting that the legislators who are being appointed to the VRFA be included in the lease negotiations. There is virtually no oversight of this development in the lease, and many of us consider this too large a risk with publicly held land. Thank you for your consideration of this request.

Andrea B. Krochalis 9428 Patterson Drive Bent Mountain, Va. 24059 Andrea B. Krochalis, MA,CAGS The Paw And Whisker Email anniekrochalis@swva.net Telephone (540) 929-4563

Op ed article by Roanoke Group Chair Mark McClain (appeared in Roanoke Times)

SIX FLAGS OVER THE BLUE RIDGE?

Mark McClain (Resident of Salem, Roanoke Sierra Club Group Chair, Member of Virginia Sierra Club Executive Committee)

We were dismayed to learn of plans for a 50-year lease of the Explore Park property to a "non-profit" organization that is considering developments such as an amusement park, a resort hotel, or a water park. Is this really happening?

The land occupied by Explore Park is owned by the state, so all citizens should have a voice in the decisions about how the land is used. Do we really want another Dollywood or Disneyland style development adjacent to the Blue Ridge Parkway and the Roanoke River? We say no!

First, before we talk about the environmentally responsible thing to do, let's have a little reality check. Virginia's Explore Park was optimistically envisioned as a tourist destination. It would attract the thousands who travel the Blue Ridge Parkway, through travelers on Interstate 81 who just can't resist an appealing stopover, and the many local residents who have a deep appreciation for such a beautiful and interesting combination of a historical park, recreation area, and event center. So what's the problem? Well, in short, the outflow exceeded the income at a rate that surpassed the pain threshold. In other words, they built it, but we didn't come.

So, if someone else comes in to run the property and builds a "big hotel, a boutique, and a swingin' hot spot", naturally, this will be a big success. What are we pretending not to know? Perhaps there is some demand for such, but suppose you were asked to invest in such a venture . . . perhaps not such a great idea? Well, what if we let you lease all the land for a fraction of its value, would you be interested then? We didn't think so. Sounds like a good place for other people's money, right?

Regrettably, it seems that Roanoke County officials are trying to slip away gracefully before everyone notices the elephant in the room. Can't say we blame them, but a water park with a 50-year lease? Please!

So what should happen? We say, "First, do no harm". We believe that the Blue Ridge, the Roanoke River, and the surrounding natural and agricultural lands are collectively an environmental and aesthetic treasure. We are outraged when we learn that public officials contemplate ceding control of a significant parcel of this land with scarcely so much as a "fare thee well" to the citizens who are the true owners.

The decision of what to do with this land is critical, and meaningful public input must be taken into account. Not a hastily called "public meeting" where "all questions will be answered", but rather a thoroughly conducted study of alternatives under the scrutiny of the public at every stage.

We in the Sierra Club would prefer to see this land continue serving as a venue for low impact recreation. There are significant woodlands, trails, river access, and facilities for public events that would not be costly to preserve and maintain. We strenuously oppose high-intensity development that will further degrade the natural environment, contribute to traffic congestion, and could be a permanent scar on our beloved Blue Ridge.

But even more strenuous is our objection to the process, or lack of process, that has led us to this juncture. The citizens of Roanoke County and the Commonwealth of Virginia deserve better.