What would happen if the $100 million plus downtown Aiken demolition and reconstruction endeavor known as Project Pascalis were to come up before the Aiken Planning Commission? How many of its members would have to recuse themselves due to conflict of interest, or abstain because any perception of neutrality was compromised by past endorsements of the project? 

On November 9, 2021 the Aiken Municipal Development Commission (AMDC) passed a resolution “authorizing the acceptance of certain options to purchase real property from the Greater Aiken Chamber of Commerce in connection with Project Pascalis and other matters related thereto.” 

According to the meeting minutes for that November 9, 2021 meeting, AMDC Executive Director Tim O’Briant described the process leading to that point: 

Mr. O’Briant stated that as we moved through the early process of negotiating with an initial developer who held contracts for the purchase of real estate that we (were) considering the purchase of, negotiations with that group broke down. We had a cost sharing agreement where we were doing pre-development explorations. In exchange for that agreement the developer had granted the Commission the right to maintain those options and contracts on the project to keep the project alive. The developer pulled out so late that it was impossible for the AMDC or Council to act in time to save the contracts by the deadline. The Greater Aiken Chamber of Commerce and their Executive Committee stepped in and agreed to hold those options and make available the sum of $135,000 to pay the earnest money on the contract. Today this resolution will repay the Chamber of Commerce for their advance for the options to purchase the property.

The resolution passed unanimously, although two AMDC members, Vice-Chair Chris Verenes and Treasurer J. David Jameson (better known as President of the Aiken Chamber of Commerce) abstained from the vote. According to the minutes:

The motion was approved by the Commission, with Mr. Verenes and Mr. Jameson abstaining from participating in the discussion and voting on the resolution.

Mr. O’Briant was referring to the chain of events that began around May 1, 2021, a literal “May Day” for the AMDC.  On March 17, 2021,  the AMDC announced it had “identified and recruited an “experienced” and “well capitalized” developer. That developer was not revealed at the time, but it was Weldon Wyatt, and he was backing out of the deal less than forty days after signing the cost sharing agreement cited by O’Briant (see Project Pascalis Property Acquisition Timeline below) .

Project Pascalis Property Acquisition Timeline (2)

March 2, 2021: $7.5 million purchase and sale agreement (PSA) signed by WTC Investments, LLC* for “Shah Property” on Laurens St, Richland Ave, and Newberry St. 

March 15, 2021: Aiken Alley Holdings (Agent; Ray Massey) purchases 210 and 200 The Alley for $2.025 million. 

March 23, 2021: Aiken Municipal Development Association (AMDC) and GAC, LLC (Agent Weldon Wyatt) sign cost-sharing agreement with options for AMDC to buy properties obtained by GAC, LLC and its affiliates (WTC Investments)

April 4, 2021:  Smith, Massey, Brodie, Guynn, and Mayes, LLC (Agent Gary Smith III) send $6800 Invoice for property acquisition work to WTC Investments*

April 15, 2021: $2.0 million PSA signed by WTC Investments* for “Anderson Property”

May 1-10, 2021: GAC, LLC withdraws from cost-sharing agreement. AMDC, Aiken Chamber of Commerce (the Chamber) and WTC Investments, LLC* negotiate “assignment” of Shah and Anderson properties to the Chamber allowing WTC Investments to recover $135,000 in nonrefundable earnest money held by Smith, Massey et al. 

May 12, 2021: The Chamber Aiken takes assignment of “Shah Property” from WTC Investments, LLC (Agent Ray Massey). 

June 3, 2021: The Chamber  takes assignment of “Anderson Property” from WTC Investments, LLC

June 3, 2021: Email from WTC Investments to Mary Guynn and Ray Massey requesting release of $35,000 Earnest Money for “Anderson Property.” 

June 7, 2021: Aiken Alley Holdings, LLC purchases 121 Newberry St, SW for $675,000. 

August 23, 2021: Aiken City Council authorizes $10 million in general obligation bonds for AMDC to purchase unspecified properties in the city’s Parkway District. 

October 27, 2021: RPM Development Partners, LLC (Agent Ray Massey) registers with SC Secretary of State. 

November 9, 2021: AMDC “accepts assignment” of Shah and Anderson properties from the Chamber for $9.5 million. 

December 3, 2021: AMDC signs PSA for Shah and Anderson properties with RPM Development Partners for unspecified sum, pending demolition approvals and a final development agreement. 

May 16, 2021: AMDC reports it will sell properties at a discount as a “one time incentive.” 

*WTC Investments, LLC dissolved on January 4, 2021 and re-registered with the South Carolina Secretary of State on May 11, 2021. Ray Massey was agent for both entities. 

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In order to preserve the option to purchase the seven properties in the proposed Project Pascalis demolition zone, the AMDC and the Aiken Chamber of Commerce struck a deal with Wyatt’s WTC Investments, LLC that allowed Wyatt to recover $135,000 in earnest money deposited with the law firm of Smith, Massey, Brodie, Guynn, and Maynes. 

As Tim O’Briant described, the Chamber essentially advanced the AMDC $9.5 million, also known as taking “assignment” of the properties, while the AMDC hustled the Aiken City Council for its own  $9.5 million to buy the properties. The council obliged in August, 2021 with a $10 million general obligations bond issuance prepared by the law firm of Pope-Flynn. The AMDC finalized the deal on November 9, 2021 by purchasing the properties. 

The Aiken Chamber of Commerce Executive Committee is currently composed of  Norman Dunagan, Jason Rabun, Charlie Hartz, Joe Lewis, Van Smith, Ryan Reynolds, and J. David Jameson.  Both Rabun and Reynolds also serve on the Planning Commission: 

• Planning Commission Chair Ryan Reynolds is the “Immediate Past-Chair” of the Aiken Chamber of Commerce Executive Committee. Reynolds was the Chamber’s Executive Committee Chair during the Wyatt-AMDC-Chamber of Commerce deal. 

• Planning Commission Vice-Chair Jason Rabun is the “Chair-Elect & Membership Services” officer for the Aiken Chamber of Commerce Executive Committee. Rabun was a newly elected Chamber Board member in 2021. 

Jason Rabun also submitted a brief comment during the second of two April 20, 2021 Project Pascalis public meetings. (3) While not identifying his affiliations, he wrote: 

“I am very much in support of this project.” 

GIven the deep involvement of the Aiken Chamber of Commerce and Chamber President Jameson’s abstention from a key vote involving the Project, are Planning Commission members Rabun and Reynolds also obliged to recuse or abstain if any Project Pascalis issues come before their purview? 

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(1) AMDC Meeting Minutes for November 9, 2021:
https://edoc.cityofaikensc.gov/WebLink/DocView.aspx?id=2685557&dbid=0&repo=City-of-Aiken-LF

(3) Jason Rabun comments in April 20, 2021 Zoom meeting