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Linger Longer at Jekyll Island: Fact or Fiction?

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 (699)

The Jekyll Island Saga Is Taken Up A Notch!

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

More on Water: Georgia Water Planning and Policy Center

Doug Wilson is the Exective Director of the Georgia Water Planning and Policy Center (GWPPC). If you have never heard of GWPPC, you probably aren’t alone. Formed in 1999 with the support of the Georgia General Assembly and the Georgia Research Alliance, GWPPC serves as a think-tank on water in Georgia.

Although the GWPPC is not involved in rule making, it is contracted with the Legislative Services Committee and the Georgia Department of Agriculture to advise them on the recently proposed “Water Plan.” It has also produced about 80 white papers dealing with various water issues, all of which can be found on its website.

Water is not just a Metro Atlanta issue or problem. Not only has Georgia’s population almost doubled since 1970, but its irrigated agricultural acreage has also increased by 1 million acres since 1970.

Consider this: Seminole, Early, Decatur, Miller, Baker and Mitchell Counties have between 400,000 and 500,000 irrigated acres of agricultural lands. Spring Creek in Early and Seminole County is dry.

Most of the water used in South Georgia comes from the Floridan Aquifer which extends roughly on a line from Blakely to Screven County. In the Albany area the aquifer lies very close to the surface and is recharged quickly when it rains. In Southeast Georgia the aquifer lies deeper and it takes longer for surface water run-off to recharge it. In Savannah and other coastal areas, heavy industrial use of aquifer water has caused episodes of saltwater intrusion into the aquifer, something that is to be prevented at all costs. This impacts commercial and industrial development because of restrictions on the amount of water that can be pumped from the aquifer.

As you may know, Lake Lanier is under the control of the Army Corps of Engineers and was originally built primarily for the production of hydroelectric power. Its use as a source of drinking water came much later, I guess when population growth made it a necessity to find new sources of available water.

When there is no drought, Georgia is all wet, about 50 inches of rainfall over the whole state each year. That 50 inches of rain equals 50 trillion gallons of water. Demand for all types of water consumption in the state is about 1.2 trillion gallons a year, and a lot of that, particularly in South Georgia, is satisfied from ground water. Thus, if we could just catch and hold more rainwater, we could have all the water we could possibly need without depriving people who live downstream of their need for surface water in the rivers and creeks.

We might even need a reservoir or two for South Georgia to use in times of drought when rivers and streams are low.

With the supply of available water growing low in Metro Atlanta, Governor Perdue and others have criticized the Army Corps of Engineers for releasing water from Lake Lanier, water that could be used by Atlantans. But it isn’t the mussels and fish living in the waters of South West Georgia and Florida that are to blame. This is well explained in a recent Op-Ed by Dusty Nix, writing for the Editorial Board of the Columbus Ledger-Enquirer. While the drought has brought the problem home, the real reason Atlanta is in such dire straits is poor planning and unrestrained development that everyone has known for years was going to result in this kind of shortage someday.

The truth is that Atlanta’s water consumption is at its absolute maximum and the drought has only served to emphasize this fact. If no more water were released and the drought continues, Atlanta is still going to be out of water in the not too distant future.

 
 Doug Wilson, Georgia Water Policy and Planning Center [31:06m]: Play Now | Play in Popup | Download (662)

Interview with Jason Pye, Political Observer and Georgia Blogger Extraordinaire

Jason is a good choice for the first interview posted on the new site! We cover the field from Speaker Glenn Richardson prediction of the death of blogging, to the curious dissemination of possible child pornography by elected officials in their attempt to skirt the real issues of the Genarlow Wilson case. The do nothingness of Governor Perdue and DuBose Porter’s attempt at a special session for gasoline sales tax relief have their place in the conversation. But the meat of the discussion has to be our mutual observation that the Iraq War is accomplishing nothing but the loss of more young American lives. Last but not least, Jason plugs his choice for the next President of the United States. Listen and find out!!

 
 Jason Pye [30:03m]: Play Now | Play in Popup | Download (504)