Why You Don't Have More Greenspace

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An unpaid tax bill may kill another piece of green space on Tybee

Property costs are skyrocketing on Tybee, but the Tybee Island Land Trust owns a lot it can't seem to give away. The trust may have to forfeit a piece of undeveloped land to the county and possible development because the trust, incorporated in 1999, can't pay the tax bill on it.

A small lot off Jones Avenue, donated by Bob Stone, is only the second parcel of land to be placed with the Tybee Land Trust. The land is mostly marsh with a small patch of buildable land, covered in red cedar and live oak, near the street, Pearce says.

The Tybee Land Trust was established to place conservation easements on privately-owned property at the wish of the owners. Typically, the owner will retain ownership of the property, as will his beneficiaries, but the conservation easement limits further development on the property, conserving it as green space.

Stone, however, wished to make an outright donation of his land as a tax write off, Pearce explained at a recent meeting of Tybee Island's city council. The land trust now needs to, in turn, donate the property to a government agency. Pearce explained at the meeting that a "doctrine of merger" prevents the trust from owning a piece of property AND holding an easement on it at the same time.

The trust also owes taxes on the property which it can't pay. The land trust has no endowment, i.e. no money, though other civic groups on Tybee have sizeable endowments and receive money annually from the city.

The group has offered the land to the state which turned it down. The county has also refused to accept the land with an easement.

Most recently, the Tybee Land Trust tried to donate the land to the city of Tybee. It appears the city has nothing to lose but greenspace by refusing. City Attorney Bubba Hughes says the city would have no forseeable liability with the property.

But the gift was greeted like a horse with bad teeth by some council members. Pearce, who presented the proposal, said that the land might be useful to the city for alleviating drainage problems. A retaining pond could be established within the space to give water somewhere to drain. The retaining pond would also attract birds and function as a scenic attraction, Pearce said.

Councilmen Jack Youmans and Jimmy Burke were disinclined to accept the property. Councilman Walter Crawford did not express an opinion for or against accepting the donation, but he did ask Pearce to repeat the names of the trust's board of directors. The board consists of Susan Delaney, Sam Adams, Mallory Pearce, Deb Barreiro, and Jim Monaghan, Rachel Perkins, Chris Schuberth, and Aaron Buschbaum.

Crawford also raised a theoretical question as to liability. What if an oil spill occurred on the property. Would the city be liable for cleaning it up, he asked.

"Are you planning to drill for oil," asked Pearce.

"Not there," Crawford conceded. Councilman Jason Buelterman moved to accept the donation, but withdrew his motion so that council, particularly Whitley Reynolds whose vote may swing the decision, can get more information about the proposed gift of greenspace.

If council does not accept the land as green space, the trust will give it to the county, to which it owes the most taxes. The county will have the option to develop it.

More About the Tybee Island Land Trust

The Tybee Island Land Trust is still in its infancy and hopes to start a membership drive in the not-to-distant future. The group's first mission will be to acquire land to complete the Sally Pearce Nature Trail, trust board member Mallory Pearce indicates. The group also hopes to start publishing a newsletter.

Putting your property in the land trust can accomplish tremendous savings in taxes. Pearce was the first of only two participants, so far, to put his land in the trust. Pearce says when he put his land in the land trust, his tax bill went down from the thousands to the hundreds.

To learn more about putting your property in the Tybee Island Land Trust, call Pearce at 786-5523. To make a donation to the land trust, send a check to:

The Tybee Island Land Trust

8 Fifth Street

Tybee Island, Ga 31328

Seven Flags still not a park

Councilman Walter Crawford asked why the Park of the Seven Flags, under construction off Butler and Tybrisa, has still not been completed.

City Manager Bob Thomson said that the curb is in place and that it is ready to be landscaped. He said if he calls the construction crew every day that they keep working on it. Otherwise, "they go away."

Crawford asked if Thomson could not simply call the company every day. Thomson agreed he would assign somebody to do just that.

Councilman Whitley Reynolds reminded council that, when choosing a construction company to do this project, they had chosen the lowest bidder.

"Only rich people can afford to buy cheap," quipped Reynolds.

The Cable Company You Love To Hate, Chapter Seven

Not only are many Tybee residents unhappy with their television cable service, now it appears US Cable, which provides it, may owe the city money. US Cable, which has exclusive rights to sell cable service on Tybee, is supposed to pay the city a franchise fee equal to five percent of gross revenues. Tybee Island City Manager Bob Thomson doesn't think US Cable has been paying those royalties.

"US Cable has not been paying the City of Tybee Island franchise fees on reconnection charges, remote rentals, converter box rentals, home wiring or service advantage, leased equipment, home shopping commissions, advertising revenues and cable guides," Thomson wrote in a letter to US Cable Regional Manager Terry Roberson.

Thomson indicated that the failure to pay due royalties may give the city just the breech of contract it needs to slide out from under a contract with US Cable that, to some, has become odious.

But Councilman Jack Youmans said to exercise caution. "Don't do away with my cable until you get something better," he said.

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