Tag Archive for 'linger-longer'

The Beach at Jekyll Island: A Hopeful Reprieve

Published
by
Wilson
on April 14, 2008
in Podcast
. 7 Comments

Sometimes, it’s not whether you win or lose, but whether you fight. Such is the saga of the effort to save the beach at Jekyll Island. In this interview, Sen. Jeff Chapman (R-3) and David Egan of The Initiative to Protect Jekyll Island, explain the cautious victory that has materialized out of defeat in the effort to get the Georgia Legislature to care about preserving Jekyll.

To summarize, it was last June, 2007 that the Jekyll Island Authority solicited proposals for the development of a 45 acre tract of land on Jekyll Island. That began a flawed, if not corrupt, bid process that resulted in a display of arrogant hanky-panky by the JIA, the award of a development bid to a big-time Republican contributor (Mercer Reynolds), a lawsuit by a disappointed bidder, and an effort by Sen. Chapman to get the Georgia Legislature to demonstrate leadership in protecting the open beach at Jekyll.

When the Georgia Legislature failed to care, the JIA announced that it had decided to “do the right thing” and relocate the proposed development so as to not interfer with the beach. This change of heart is not, in my opinion, due to any virtue of the JIA. Rather, the JIA is trying to make it appear it has heard the public and is now going to do the right thing. Bah, humbug. All the JIA is doing is trying to spin the recent action by the Georgia Department of Natural Resources which declared the beach area within the proposed development to be subject to the Georgia Shore Protection Act. What does that mean? Simply, the JIA can’t develop the area.

So, what is the lesson to be learned from this effort at Jekyll Island? Several things.

First and foremost: Many of the independent boards in Georgia don’t work, at least, not when it comes to protecting our natural resources from abuse by developers. Remember the ejection of Sally Bethea from the DNR Board last year! Gov. Perdue appoints the members of the JIA, as well.

Second, the only thing that is ever going to keep developers from developing your back yard is the law. This battle was lost, but for the Georgia Shore Protection Act which was passed more than 20 years ago when environmental issues received a little more attention prior to the push to develop every foot of land in Georgia.

Third, the Georgia legislature is virtually useless when it comes to doing the right thing. They refuse to correct their mistakes, such as the immunity they gave emergency room doctors and hospitals in 2005. They refuse to protect much of anything if it doesn’t affect their pocket book or improve their chances for re-election. They just don’t care. These arrogant self-promoters (and let there be no mistake, I am referring to the Republican leadership, particularly in the House under His Royal Sinus, Glenn Richardson) favor business interests in all things. Their mistress is the Chamber of Commerce, not the people of Georgia. They pass tax breaks for business in a year when they could not pass tax reform for individuals, and they did it in a year when, due to the Bush recession, no one should have gotten a tax break. They want to eliminate property taxes because they own so much commercial and investment property they would love to be able to pass that tax burden onto the average Georgian that owns a house by fooling him into paying more, much more, in sales taxes, under the guise of eliminating the property tax. They favor insurance companies and always make education the first victim of budget cuts.

Last but not least, fighting the arrogance of the JIA and other state agencies and boards is, ultimately, worthwhile. You just have to be strong enough to let the battle play out and every once in a while something unexpected will save the day.

Three cheers to Sen. Chapman and David Egan and everyone who supported the effort.

 
 Jekyll Island, Sen. Jeff Chapman, David Egan [28:09m]: Play Now | Play in Popup | Download (340)

Jekyll Island Development: A Question of Fairness and Justice?

Published
by
Wilson
on December 24, 2007
in Podcast
. 0 Comments

Last week, I interviewed Jim Langford, the Project Executive of Linger Longer about the status of the proposed development of a new Town Center on Jekyll. This week, Wade Shealy of the Jekyll Island Company responds.

The focus of the controversy is a simple question and answer asked by persons unknown and answered by persons unknown at at June 25, 2007 compulsory meeting. In this interview, Wade explains why neither the Jekyll Island Company nor any of the other companies submitting a proposal assumed that the question and answer changed the development project from a 45-acre development to a 63-acre development. His answer is fairly simple: The written request for proposal, RFP #244, said repeatedly: Do not exceed the 45 acres specified! If the JIA intended to change the acreage on something as important as a $500 million project, you would think that the one thing the JIA could get straight was the acreage to be developed.

Linger Longer seems to be hanging it’s hat on that question and answer. The ultimate success of that position will be determined by the Superior Court of Fulton County. A preliminary test is scheduled for January 14, 2008 when the court will hold a hearing on Jekyll Island Company’s request for an injunction to prevent JIA from going ahead with the development until the issues concerning the selection process are resolved.

If the court issues an injunction, it will be because justice demands it. The question will then be whether or not the JIA will continue to fight or do the right thing, the fair thing, and go through the selection process again.

Wade says that is all his company wants: a fair selection process. He is apparently willing to trust the JIA to make a fair selection, once the acreage issue is resolved. Wade may not have much of a choice, but I have little faith in the ability of JIA to do anything fairly when it comes to selecting one development proposal over another. Just about everything the JIA did in the selection process suggests secrecy and bias. Why you ask? Money!

At stake are profits which Wade estimates to be in the range of $500 million. Think about that: $500 million. $500 millioin in profit for a private company for the privilege of developing an island owned by the people of Georgia. This is not to minimize the risk involved, or to suggest that this level of profit is unreasonable. I simply don’t know. My point is the huge incentive for the selection process to become corrupted, for political favors to be paid, for campaign contributors to be rewarded, legally, so to speak.

A curious side note! Wade was appointed by Governor Perdue to the Georgia Land Conservation Council. On December 6, 2007 the Council announced the purchase of almost 20,000 acres in 3 Georgia counties at an expenditure of $92 million. Wade says he was advised that a press conference had been scheduled to announce the decision to purchase the property. The only problem: the press conference was being scheduled before the Council voted, which means the Council was expected to simply rubber stamp a decision that had already been made. Wade questioned the propriety of scheduling a press conference before a decision had been made. While Wade did vote for the purchases, his reward for asking the question: He gets a letter from Governor Perdue telling him he is no longer on the Council, effective at the end of the month!

And that ladies and gentlemen, is the state of leadership and politics in this great state on Christmas Eve 2007. If you voted for these guys, you asked for it, you got it!

 
 Wade Shealy, Jekyll Island Company [27:31m]: Play Now | Play in Popup | Download (326)

Linger Longer at Jekyll Island: Fact or Fiction?

Published
by
Wilson
on December 20, 2007
in Podcast
. 2 Comments

Jim Langford is the Project Executive for Linger Longer, selected as the Revitalization Partner by the Jekyll Island Authority with regard to a proposed 45-acre development. Here is an aerial photograph of the Jekyll Island Site Development Plan.

Jim joined Linger Longer about 6 months ago. Surprisingly, he told me came from a long line of yellow-dog Democrats and even served on the DNR Board with two of my yellow-dog Democrat friends, Reese Thompson from Vidalia, and Jim Butler, from Columbus. Jim’s father served as a Democrat in the Georgia House and Senate. I mention this because Mercer Reynolds, the Reynold’s Plantation Reynolds and owner of Linger Longer, is a heavy Republican contributor.

Jim’s background is in environmental work, historical site restoration and archeological site preservation. He has previously been the State Director of the Trust for Public Land.

It was on the DNR Board that he met Jamie Reynolds, a cousin of Mercer Reynolds, who owns all or most of the Linger Longer company. According to Jim, Jamie’s grandfather had a cabin on the Oconee River in the early 1900’s which he called Linger Longer. The grandfather’s will provided that the property could not be sold or divided unless a dam was built on the river. And what do you know, in the 1970’s they built a dam, created Lake Oconee and the Reynold’s fortune was made, or at least a good portion of it.

The controversy surrounding the award of the development project to Linger Longer focuses on the request for proposal, RFP#244. There were 4 companies that submitted proposals. Three of them submitted proposals based on the proposed 45-acre development specified in the RFP. However, Linger Longer submitted a proposal to develope 63 acres. Linger Longer got the award. One of the companies that did not get the award, Jekyll Island Company, filed suit November 15th in Fulton Superior Court to set aside the award to Linger Longer because its proposal did not comply with the requirements of the RFP.

The question that I wanted to ask Jim and Linger Longer was why did they submit a proposal that covered more acres than the 45 specified? It seems to me that a company submitting a proposal on a project potentially worth millions of dollars certainly would not want to screw it up by failing to comply with the bid requirements.

This is what Jim told me. The RFP was put out in June 2007. A mandatory meeting was scheduled for June 25th. There is a note on the JIA webpage about this mandatory meeting on June 25, 2007. There is also a list of attendees and among them is Wade Sheally of the Jekyll Island Company.

According to Jim, during the June 25th meeting someone, not Linger Longer, asked a “key” question. The questions asked at the meeting are posted on the JIA website. The question to which Jim refers is as follows:

6. WILL PROPOSALS BE RESTRICTED TO THE TOWN CENTER SITE?
A. No, the RFP primarily addresses the Town Center Site because the JIA wanted to receive readily quantifiable and comparable offers for a specific property and project. The RFP also discusses the JIA’s desire to enter into a long-term partnership with the selected developer based on the results of this first project. Proposers are encouraged to discuss your interest in becoming the Authority’s long term development partner and how you would propose structuring the partnership in terms of future development opportunities on Jekyll Island. It could include a discussion of future development options, management of the Authority’s existing amenities and proposed financial structure for the partnership.

Jim and Linger Longer interpret this question and answer as somehow modifying the specifications contained in the RFP. Frankly, Jim, I don’t see it. It seems to me that the answer reaffirms that the JIA is seeking a partner for a particular project, the 45 acre project. Jim and Linger Longer will have to consult with their lawyers but I wouldn’t spend a lot of money until the Superior Court or even the Supreme Court rules. After the interview Jim advised that a hearing has been scheduled in Fulton Superior Court sometime in January on the issue of whether or not the Court will restrain the State and the JIA from proceeding with development of the Linger Longer proposal.

I should also mention that Senator Jeff Chapman had written to the oversight committee in the legislature, indicating his concern over the Linger Longer proposal. According to Jim, Sen. Chapman’s letter was written before the details of the Linger Longer proposal were known and he hopes the Senator’s concerns are being dealt with.

One of those concerns was the cost of accommodations on Jekyll as a result of the development. Jim told me that there are 4 hotels in the development, one of which is the fancy one attached to the conventiion center. The convention center rooms will cost $183 per night.

Jim denied that there was any back room deals in this process. He even indicated that a reporter in Atlanta who had initially been interested in looking into the matter further, had apparently become satisfied with the information available and was not pursuing the story any further.

Linger Longer and the JIA are now asking for public input to tweak the plan. If you want to let them know what you think you can check out rediscoverjekyll.com.

I intend to follow this saga and see how it turns out. Should be interesting, to say the least.

 
 Jim Langford, Project Executive, Linger Longer [28:45m]: Play Now | Play in Popup | Download (334)

The Jekyll Island Saga Is Taken Up A Notch!

Published
by
Wilson
on November 20, 2007
in Blog
. 2 Comments

If you have been following the interviews concerning the Jekyll Island controversy (1, 2, 3, 4, 5), you may be interested in this.  (BTW:  If you read the post in #3, it begins with a comment that the interview should piss you off. That reference was apparently confusing, particularly if you did not read the entire post. I was not referring to the person interviewed, Wade Shealy. Rather, I was referring to the subject of the interview, a corrupted bid selection process in which Shealy and his company did not appear to have been fairly treated.)

There was an article in the AJC last Friday about a lawsuit filed November 15th in Fulton Superior Court seeking judicial review of the process by which a politically connected developer, Linger Longer, was selected as the Revitalization Partner of the Jekyll Island Authority in the proposed development of 45 acres on Jekyll Island.

The Jekyll Island Revitalization Group (JIRG) and its related company, Jekyll Island Company are the plaintiffs in the lawsuit. The defendants are:

JEKYLL ISLAND – STATE PARK AUTHORITY; BENJAMIN G. PORTER, Chairman of the Board of Directors of the Jekyll Island – State Park Authority; EDWARD E. BOSHEARS, Secretary of the Board of Directors of the Jekyll Island – State Park Authority; HOMER DELOACH; MICHAEL D. HODGES; BECKY KELLEY; SYBIL D. LYNN; ROBERT W. KRUEGER; SAMUEL B. KELLETT; STEPHEN B. CROY, Members of the Board of Directors of the Jekyll Island – State Park Authority.

You can read a copy of the petition for judicial review, but these are the basic allegations:

COUNT I: THE PROPOSAL SELECTED BY JIA WAS NOT RESPONSIVE TO RFP 244, IT SHOULD NOT HAVE BEEN CONSIDERED BY JIA, AND IT SHOULD NOT HAVE BEEN SELECTED BY JIA.

COUNT II: JIA EXCEEDED ITS AUTHORITY IN CONSIDERING AND SELECTING THE LINGER LONGER COMMUNITIES PROPOSAL.

COUNT III: JIA VIOLATED ITS DUTIES AS A TRUSTEE.

COUNT IV: JIA VIOLATED THE OPEN PUBLIC MEETINGS ACT, AND JIA FAILED TO FAIRLY AND EFFECTIVELY COMMUNICATE ALLEGED CHANGES IN THE REQUIREMENTS OF RFP 244.

COUNT V: JIA VIOLATED JIRG’S RIGHT TO DUE PROCESS.

COUNT VI: JIA VIOLATED JIRG’S RIGHT TO EQUAL PROTECTION.

COUNT VII: JIA’S ACTIONS CONSTITUTE A TAKING WITHOUT JUST COMPENSATION.

COUNT VIII: INJUNCTION AGAINST FURTHER NEGOTIATIONS BETWEEN DEFENDANTS AND LINGER LONGER COMMUNITIES.

In seeking an injunction, Count VIII alleges:

107. JIRG lacks an adequate remedy at law. Unless JIA and Linger Longer Communities are restrained and enjoined from conducting planning and contract negotiations concerning RFP 244, JIRG will suffer irreparable harm in it ability to not only seek and obtain effective judicial review of the Final Decisions, but also to obtain an effective and fair remedy if the Final Decision is reversed.
108. The public has a substantial interest in honest and fair bidding on public projects and decisions concerning requests for proposals. The public interest would likewise suffer immediate and irreparable injury should JIA and Linger Longer Communities not be enjoined from planning and contract negotiations.

And what does JIRG want the Superior Court to do?

WHEREFORE, the Plaintiffs pray:
(a) that this Court enjoin the following parties from taking any action in furtherance of negotiating a contract for RFP 244:
(i) Linger Longer Communities, including any person or entity that created or submitted any information on behalf of Linger Longer Communities in response to RFP 244, and the directors officers, members, employees, and agents of those entities; and;
(ii) Defendants, and the officers, employees, agents, and those acting in concert with the Jekyll Island – State Park Authority;
(b) that this Court order JIA to transmit the entire record in this matter before JIA to this Court;
(c) that this Court order, adjudge, declare and decree that the Final Decision is void and unenforceable in its entirety;
(i) that this Court order JIA to strike the proposal submitted by Linger Longer Communities and select the proposal submitted by JIRG;
(ii) in the alternative, that this Court order JIA to re-start the bidding process for RFP 244; and
(d) that this Court grant such other, further, plenary, and different relief as may be deemed just and proper.

Injunctions require hearings and I assume there will be a humdinger sometime in the near future.  If a temporary injunction is granted, the development projected will be on hold indefinitely.Â