What Is Goin’ On?

Sen. Jeff Chapman (R-3) isn’t one of the legislators designated as a member of the Jekyll Island Authority Advisory Board, but as he points out, this State owned island is in his district, his constituents have a great interest in what happens there and he is concerned about some of the recent actions of the Authority.

There are two aspects of the current controversy surrounding the Jekyll Island Authority (JIA). In September 2007 the JIA selected Linger Longer as its Revitalization Partner to design and develop a new 45 acre (or is it 63) tract with hotels, motels and all the things that go with them. The only problem, as discussed in my interview with Wade Shealy, in selecting Linger Longer the JIA engaged in some sleazy tricks that appear to have been intended to benefit a particular Republican contributor and which also appear to have violated the law. In the very least, the JIA tarnished its status and justified criticism that it was acting unfairly and arbitrarily.

Sen. Chapman left the issues surrounding the bidding process to be resolved between the JIA and the Jekyll Island Revitalization Group, whether in or outside of court.

His concern is a little more fundamental. Regardless of who was selected as the Revitalization Patner, Senator Chapman is concerned about the nature of the development being contemplated by the JIA. To understand his concerns you can listen to the interview or you can read his letter of November 5, 2007 to the Oversight Committee of the Legislature.

When you talk about Jekyll Island there is one distinguishing factor which you have to keep in mind: the State of Georgia owns it. We, the people, own it. It is for us, for all of us, for the rich, for the poor, for the old couple that wants to drive to the beach and sit in the sand for a few hours, and for the couple with 5 kids that can’t afford a trip this year, but can entertain the kids at the Jekyll beach where the sand is wet, the water salty and the waves mesmerizing.

The JIA seems to be focused on turning Jekyll Island into a money making venture which simply means nothing cheap, nothing affordable (or very little), nothing inviting to the good old, average Georgian.

And then there is that view of the ocean. Just as soon as you get to the end of the entrance road, you turn to the left and there it is. The ocean, the waves, that sound! And, it goes on and on and on. When I was a kid it was 3 zillion miles from that first view of the ocean to the hotel! It is public and it is big and it is accessible. In contrast, go ride around St. Simons and count the number of times you can see the beach. You can hardly find the beach unless you are at a hotel.

Senator Chapman points out in his letter that several actions of the JIA appear to be

inconsistent with the park’s statutory purpose as a public facility set aside for the benefit of “the plain people” of Georgia.

And what is it that the JIA has done?

1. The possible violation of a constitutional prohibition against granting gratuities, including the forgiveness of a public debt as a result of the JIA “…granting a rent abatement estimated to be in excess of $10,000,000 to Trammell Crow and Partners…”

A similar possible violation of the gratuities prohibition by the JIA’s acceptance of “Linger Longer’s proposal for a combination of general obligation and revenue bonds totaling $84,500,000 to cover infrastructure costs associated with the proposed town center.”

2. An expressed intent by the JIA to make sure that ocean view rooms are not affordable by the average Georgian by allowing developers to charge what the market will bear and letting the “not so rich” go elsewhere if they can’t pay the bill. Senator Chapman notes:

This kind of thinking is reflected in policy shown by the Board’s approval of the replacement of the affordable Buccaneer Resort by Trammell Crow and partners, where room rates averaged $89 per night during the years 2002-2006, with a 540-room upscale hotel, where room rates will average double that amount in the off-season and $250 per night during the summer months. Add to these 540 rooms the 400 high-end rooms proposed by Linger Longer for its Jekyll town center, along with the 157 existing rooms at the upscale Jekyll Island Club Hotel, and the park will have well over half of its lodgings priced beyond the means of most Georgians.

3. “The Board is currently considering a proposal by Linger Longer Communities which calls for a beachside Jekyll town center that would result in the elimination of the state park’s most popular oceanfront public parking lots.”

4. “The Board has failed to take into account the environmental impact of a beachside community of the scale proposed by Linger Longer.”

5. “The proposed Jekyll town center includes 14 acres, currently designated as a “nature preserve,” that lie within the park’s 65% protected zone. Acceptance of all or any part of this segment of the proposal would require a redrawing of the existing 65/35 map and would constitute an amendment of the park’s Master Plan. Accordingly, the Authority would have to comply with sections 12-3-243.1 of the GA Code (see Attachment B) beginning with the submission of “a complete copy of the proposed amendment to the Speaker of the House, President of the Senate, members of the Jekyll Island State Park Authority Oversight Committee, and Office of Legislative Counsel at least 60 days prior to the date of the meeting at which the proposed amendment will be considered.”

Senator Chapman suggests several recommendations for the Oversight Committee’s consideration:

1. Seek an Official Opinion of the Attorney General on the question of the power of the Jekyll Island Authority to grant rent abatements or other subsidies to persons and corporations leasing property in the State Park from the Authority. Included among such subsidies the Attorney General should be asked about: a) the Constitutionality of a sale of bonds by the Jekyll Island Authority at the prescription of a party to whom the Authority is leasing property, when the proceeds of the sale of such bonds is to be used for the improvement of that leased property, and b) the legality of granting a rent abatement to a party for hotel redevelopment on nine acres of prime oceanfront property in light of OCGA 12-3-271, which calls for the Jekyll Island Authority to develop the park “at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia.”
2. Seek an Official Opinion of the Attorney General in regard to that portion of the GA Code OCGA 121-3-235(14), calling for Jekyll Island State Park to be available to and affordable for people of average income, specifically in light of the Authority’s failure to exercise its power in behalf of the interests of Georgians “of average income” in its pursuit of the redevelopment of the hotel and other lodging facilities at Jekyll Island State Park.
3. Seek an Official Opinion of the Attorney General in regard to the applicability of the Environmental Policy Act, OCGA 12-16-1 et. seq., to the actions of the Jekyll Island Authority, specifically its duty to prepare an “environmental effects report” pursuant to that statute’s requirements.
4. Notify the Board of the Jekyll Island Authority of its duty to conform to the provisions of OCGA 12-3-243.1, in which notice of changes to the Master Plan for Jekyll Island must be submitted to the Overview Committee.

While the JIA apparently has some autonomy in ruling Jekyll Island, I certainly hope that the Oversight Committee flexes its muscles and imposes the will of the people of Georgia. The Governor appoints the members of the JIA, they aren’t elected. But those elected officials that can fix this, ought to and if they don’t that is what elections are for. If you think the JIA is on the wrong road, you can notify the members of the Authority Board, or Governor Perdue, or Sen. Tommie Williams (R-19) who is a Senate member of the Oversight Committee or Senator Chapman.

Let’s hope that Jekyll’s great view of the ocean is preserved for our kids and grandchildren!