AMDC is knowingly violating state law and official city planning process. Stop this Bait and Switch.

• To: City of Aiken Design Review Board (rseymour@cityofaikensc.gov) 
• Re: Known violations of SC Community Development Law 

As described previously, the City of Aiken’s Municipal Development Commission is proceeding with Project Pascalis in violation of SC Community Development Law. The AMDC and City officials are quite aware of the law governing their very existence and limitations on their powers. 

Here are two examples of this knowledge: 

In a June 12, 2019, City of Aiken memo from Economic Development Director Tim O’Briant  to  City Manager Stuart Bedenbaugh, regarding “questions posed during public comment”  regarding the ordinance proposed to form the AMDC: 

The first question he addressed was: 

“Will the Proposed commission reduce public participation and/or reduce approval to a single public hearing?” 

His answer was a clear no: 

“The commission would actually add additional opportunity for public review and input. Any plan to be considered for a recommendation to City Council by the Commission would require advertisement of a public hearing 15 days prior to consideration. Once such development ..plan recommendation is passed by Commission, the project itself would move through the planning commission to determine compliance with the comprehensive plan and all zoning requirements, and the Design Review Board as required. Then, and only then, would City Council consider the project recommendations through the regular two reading, public hearing and approval process. ..” 

Mr. O’Briant then cited City Ordinance 31-10-100 to support his position. 

This was the correct answer. 

A second example occurred at the first AMDC meeting in May 2020. According to the meeting minutes, Mr. O’Briant discussed a “very small redevelopment plan” prepared by Arnett Muldrow and Associates: 

“essentially surrounding the Regions Bank Building which is now being retrofitted as the new City Hall. It includes the corner of Richland and Laurens. If this group has any thoughts about Hotel Aiken it would be appropriate to have those discussions. Whether we come up with anything or not, we can’t really get into it if we don’t have a plan that encompasses the area” 

This too was the correct perspective. 

So here are two concrete examples of a city official displaying full awareness of the laws governing the AMDC and the municipal code governing the City of Aiken’s public process. 

Yet, here we are two years later and those laws and ordinances have knowingly not been followed: 

1.  There was no public hearing proceeding the two readings of the Redevelopment plan; and 

2. The approved redevelopment plan has not been amended to allow for demolition, to account for business relocations, to address the partial privatization of Newberry Street, and to include the properties housing Newberry Hall and Warneke Cleaners; and 

3. The planning commission step was skipped despite the fact this project has nearly doubled in size since March 2022. 

These violations in the law constitute a genuine, illegal bait and switch. If the DRB acts on this demolition request, it is complicit in this illegal bait and switch. 

Thank You,

Donald Moniak

Aiken County, SC