Improving the chances for informed scrutiny of local government actions.
by Don Moniak
January 2, 2023
Public hearings require public notice. The latter are predominantly vague, uninformative, and inaccessible; part of a process that stacks the deck against meaningful and impactful citizen involvement in the decisions that affect their lives and their communities. Without better notice, people are less likely to be able more adequately scrutinize proposals in their neighborhoods and community, and have less of a chance to influence decisions made during public hearings. This Better Advance Notice feature is an imperfect effort intended to help improve the chances for more informed reviews of proposed local government actions.
Summary of Several Public Hearings Notices
Powderhouse Connector Road development begins.
Controversial Gregory Road high density residential development
Aiken historic district roofs, chimney caps, and fences
Economic Development Agreement
Closed Door Meetings
A Note on Public Hearings
Review of Public Notices System
Complete Public Notices for January 2024, as of 12/31/2023
Summary of Several Public Hearings Notifications for January 2024
Powderhouse Connector Project Predevelopment Begins
The Powderhouse Connector Road project is touted as a traffic reduction solution for Whiskey Road. However, as reported in Development Road, the project also involves hundreds of acres of government subsidized residential and commercial development—with upwards of 2,000 new residences tentatively planned for the area.
Before road construction has even begun, approvals of the first major developments are already on the City of Aiken’s public hearing docket. The full details are not yet known due to a practice of the city’s planning department to withhold information until four days before public hearings—more than two weeks after the requisite public notices are published.
On January 9th, the City of Aiken Planning Commission will conduct a public hearing on three proposals associated with the connector project:
1. The annexation and single-family attached (townhouses) and detached dwellings of 129 acres of property, presently owned by the James S. Watson Revocable Trust, by CSRA Development Company.
2. The annexation of 13.5 acres of land presently held by five property owners; with 2.78 acres of undefined commercial development (Planned Commercial zoning).
3. Annexation of public right of ways between Whiskey Road and South Centennial Avenue, SE.
The Controversial Gregory Road Residential Development.
On January 16th, Aiken County Council’s first public hearing involves an an amendment to rezone 54.5 acres along Gregory Road, north of North Augusta, from “RC, Residential Single-Family Conservation to PUD, Planned Use District, Type B.”
The main parcel involved in the disputed rezoning proposal was purchased in 2019 by Gregory Lake LLC for $522,656. The situation is a another case of a development-minded new property owner attempting to create a zoning district island within a larger zone in which hundreds of residents have chosen over the years for their home and property investments (Figure 2). This is a recipe for conflict.
County Council is holding a public hearing because the Aiken County Planning Commission opted on December 21st to not to take action on the proposal. This is the second time a development on this Gregory Road property has been deferred to County Council, the first being in 2019. That project suffered a bureaucratic death when developers failed to submit a required traffic study; but other unreported factors undoubtedly led to its demise.
WJBF News of Augusta’s Nikita Dennis’ report on the Dec 21st ACPC hearing described a packed hearing room and a petition signed by 187 nearby residents. The parcel sizes in that area generally range from 0.4 to 2.0 acres and the area retains a considerable forest canopy.
The threat of higher density housing that interrupts the existing conservation approach, along with a substantive increase in traffic, are motivating neighbors to speak up. The issue is not whether there should be a housing development, it is how it should fit into the existing neighborhood.
These types of higher density developments within or adjacent to older neighborhoods dominated by roomier properties were met with strong resistance in 2023. In the Aiken area, the most notable objections were to the proposed Henderson Downs (East Richland Avenue) and the May Royal Drive high-density single housing developments. The latter development was detailed in New Shopping Opportunity and Tiny Lots.
The hearing is expected to draw a large and lively crowd, the likes of which this County Council rarely witnesses. As with the vast majority of crowded public meetings, the atmosphere will probably remain civil, but whether outspokenness itself will be viewed as “uncivil” remains to be seen.
Aiken Historic District Applications
The Aiken Design Review Board’s (DRB) January 2, 2024, meeting involves several small-scale applications for changes to structures and their surroundings in the historic district. These mini-projects typify the DRB’s workload and are generally devoid of controversy. The DRB’s system treats major developments like Project Pascalis in a similar manner as an application to change out gutters, replace roofs, or alter windows on single homes in the historic district.
On the agenda for January 2nd are requests for Certificates for Appropriateness for new chimney caps (Figure 3) on a Colleton Avenue home, a “raised seam tin replacement roof with a 14.5″ wide raised seam with a pencil stripe instead of a 16″ wide raised seam” on an indoor tennis court structure on 3rd Avenue, and removal of an existing pergola, extension of a brick paved area surrounding a pool, extension of an existing wood fence, and conducting landscape work including removing five cedar trees at 100 Colleton Avenue SW, the historic Wilcox Hotel.
City of Aiken Development Agreement
Only one public hearing is scheduled for the January 8th Aiken City Council meeting, the Second Readings of the Public Hearing for a six-figure development agreement with McGhee and McGhee LLC for a proposed 12-unit residential development adjacent to the Farmer’s Market on Williamsburg Street (Figure 4).
While not being applied under the City’s Economic Incentives Ordinance passed in 2018, the conditions are similar—cost sharing for basic infrastructure deemed beneficial to the city. In this case, Community Development Block Grant (CDBG) funds will be used as a subsidy for the development. CDBG funds are also allocated to the controversial Farmer’s Market Parkway redevelopment project that the City has pursued alongside with McGhee and McGhee’s redevelopment effort.
Similar incentives have been approved in recent years for other housing developments, including the Union Street development adjacent to Gyles Park, a water line extension for a Beazly Homes subdivision on Wire Road, and fifty-percent cost sharing agreements for permit fees and utilities infrastructure for two Great Southern Homes subdivisions.
Minimal incentives have been approved for existing retail businesses. An exception was the ordinance authorizing an incentive package for B&W Enterprises in 2019 to assist with the upgrade for the Betsy’s on Park restaurant. In that case, business license fees were reduced by fifty-percent for five years, and the City shared half of all permitting and utility connection fees—approximately $12,500.
These incentives are available to any business that can promise increased revenue and jobs—such as another grocery store in the northern half of Aiken or any small business seeking to expand. But it is unclear how well incentives are made available, marketed, and monitored. In response to a FOIA request in early 2023 for a listing and tracking of all incentive agreements to date, the City of Aiken responded that no such record exists—similar to a lack of tracking of city property sales and purchases.
Closed Public Meetings
Controversy surrounding closed-door Executive Sessions deeply permeated the City of Aiken Mayoral election debates in 2023, with candidate Teddy Milner promising to avoid Executive Sessions whenever possible. As reported in Executive Session Backgrounder, at least one Aiken City Council justification for a closed-door meeting in the past four months was highly suspect.
The Design Review Board has an Executive Session on its Special Called Meeting agenda scheduled for 4:30 pm. The purpose of the closed door meeting is “the receipt of legal advice on pending litigation and other matters covered by the attorney- client privilege.”
More specific information is not provided at the present time, but are mandated prior to the actual session. The subject of the litigation should be identified, and in the spirit of openness any other matters falling under attorney-client privilege should also be identified.
The DRB is advised by Attorney James Holly, who since May 2022 has earned upwards of $100,000 in his part time role as DRB legal counsel. As reported in Project Pascalis Legal Costs, Mr. Holly’s fee is $275 per hour, and he has earned more than enough in the past year of half-time work to fund a full-time staff assistant city attorney. The same advice could also be provided by the City Attorney or the City Solicitor, both of whom would represent a major cost savings to taxpayers.
The matter of attorney-client privilege is itself controversial, as it is overly vague and subject to abuse. The law saws the closed-door session “can be” closed, not that it “shall” or “should be” closed.
At its October 2023 meeting, Aiken County Council took the unusual action of voting to waive attorney-client privilege, and air a legal matter in open session. The effort was led by District 6 Councilman Phil Napier, who proclaimed that “this is taxpayer money, and taxpayers deserve to hear about it.”
Unfortunately, the eloquent and highly informative five minutes or so of otherwise “confidential and privileged” legal advice provided by County Attorney Brad Farrar is not publicly available due to the fact that County Council refuses to make even audio recordings of its meetings publicly available on the county website. Aiken County Council is the only major public body in Aiken County to not live-stream its proceedings, and routinely approves what can only be described as woefully insufficient and often highly inaccurate meeting minutes.
A Note on Public Hearings
This is the first installment of a bi-monthly to monthly summary of upcoming public hearings by Aiken County public bodies, with an emphasis on City and County Councils and Planning Commissions. The information provided in this report pertains to public notices available as of 12/31/2023.
Public Hearings notifications across Aiken County are characterized by a dearth of pertinent information (Figure 5), often accompanied by poor visual access on legally required neighborhood signage (Figure 5); and are inaccessible to anyone lacking a subscription to the local Post and Courier newspaper outlets. They are also seldom written in plain English.
Detailed information is lacking, and public bodies are loath to provide additional information until one to five days prior to the actual meeting; when agendas and agenda packets are published. Thus, developers have a 3-4 months head start and obtain taypayer-funded coaching by local government staff; while citizens are generally granted less than a week to prepare for a public hearing. The system is as transparent as lightly discolored water.
This notification system strongly favors developers, not citizens whose quality of life, property values, and safety are most affected by proposed developments. Developers meet with government staff well in advance and essentially lobby for their projects; whereas citizens can generally only guess at what is proposed in their neighborhoods—unless more conscientious developers hold advanced community meetings.
Details of applications for development are sometimes available upon request, but can be denied except via a FOIA request. Since government can take 30 days to respond with actual information, this option is impractical. In addition, some public bodies, such as the City of Aiken’s Planning Commission and Design Review Board, conduct “work sessions” where projects are discussed in public but citizens are deprived of the option to even ask questions. In these cases, the citizenry are mere spectators while developers are participants, and the matters discussed are often not repeated during the formal public hearing.
Thus, by the time citizens show up to a public hearing, de facto decisions are often already made. Unless compelling evidence can be provided by citizens, there is slim hope for a change in mind by elected or appointed officals.
In regard to notification meeting agendas and associated documents known as “agenda packets,” all City of Aiken public bodies go above and beyond mere compliance with the South Carolina Freedom of Information Act, which mandates 24-hour notice of agendas. The City routinely provides agenda information four days in advance.
At the other extreme, Aiken County Council and the Aiken County Planning Commission barely meet the requirements, with agenda notices generally provided close to the 24-hour deadline. In December 2023, County Council’s meeting notice was provided to interested parties only 15 minutes prior to the 24-hour deadline for compliance with the SC FOIA Open Meetings legal requirements.
Overall, the system does not come close to exemplifying openness in government, and is as “transparent” as lightly discolored drinking water. (Figure 7)
Review of Public Notices System
Public notices for public hearings are mandated by law. A thorough Guide to Public Notices can be found on the South Carolina Press Association’s website.
Citizens can receive notifications of public meetings by requesting them via the appropriate public body. South Carolina’s Freedom of Information Act, mandates that:
“All public bodies shall notify persons or organizations, local news media, or such other news media as may request notification of the times, dates, places, and agenda of all public meetings, whether scheduled, rescheduled, or called, and the efforts made to comply with this requirement must be noted in the minutes of the meetings.” (SC 30-4-80(E)).
However, unless a public body chooses to be more open in its notification process, public notices are only posted in public buildings and published in the local paper of record. In Aiken, notices are generally published in the Aiken Standard.
The Standard is a subscriber-based newspaper. This means that public notices which are paid for with taxpayer dollars are not publicly available via its classification ads section—even though the paper does freely publish its commercially paid advertisements found in the print edition. .
Local public bodies have chosen not to provide these notices via their public websites. A search of Aiken County, City of Aiken, and City of North Augusta websites did not yield any up to date public notices. The City of North Augusta does have a public notice page, but as of 12/31/2023 it was not up to date.
However, public notices are available via a searchable, free service provided by the South Carolina Press Association simply called South Carolina Public Notices. This monumental resource does require a search, which can be conducted by county, municipality, publication, and date range.
The SCPA’s public notice database covers everything from public hearings to courts announcements to self storage auctions to liquor license applications, and more. In 2023, The Aiken Chronicles will attempt to provide monthly updates on upcoming public hearings in Aiken County via this valuable resource.
Qualifier: These updates are not guaranteed to be complete. Mid-month updates are expected, but also not guaranteed. Any readers who wish to volunteer their assistance in this effort can write to eurekascresearch@gmail.com.
Complete January 2023 Public Notifications (as of December 31, 2023).
January 2, 2023: City of Aiken Design Review Board (DRB) (meets regularly on the first Tuesday of each month)
DESIGN REVIEW BOARD CITY OF AIKEN NOTICE OF PUBLIC HEARINGS AND MEETINGS
January 2, 2024 At 6:30 p.m. on Tuesday, January 2, 2024, the City of Aiken Design Review Board (the Board) will hold a Regular Meeting and Public Hearing in the City Council Chambers on the third floor of the Municipal Building at 111 Chesterfield Street S., Aiken, SC 29801.
The following items will be considered:
Approval of Minutes Approval of the Minutes for the Work Session and Regular Meeting on October 3, 2023.
Approval of the Minutes for the Special-Called Work Session and Meeting on October 12, 2023.
Approval of the Minutes for the Work Session and Regular Meeting on December 5, 2023. Approval of the Minutes for the Special-Called Work Session and Special-Called Meeting on December 7, 2023. Old Business None New Business Election of Officers Application
#CERH24-015: Applicant David Grant is requesting approval to remove an existing pergola, extend the brick paved area surrounding the pool, extend the existing wood fence, and conduct landscape work including removing five cedar trees at 100 Colleton Avenue SW (TMP 121-29-09-001).
Application #CERH24-020: Applicants Michael Milano and Jean Armstrong are requesting approval to replace and add new chimney caps at 418 and 426 Colleton Avenue SE (TMP 121-09-07-005).
Application #CERH22-042-AMENDMENT: Applicant James Brodie is requesting approval to amend the Certificate of Appropriateness for approval of a raised seam tin replacement roof with a 14.5″ wide raised seam with a pencil stripe instead of a 16″ wide raised seam at 125 Third Avenue SW (TMP 105-12-17-009). TAX28-AMENDMENT: Applicant James Brodie is requesting approval to amend the Certificate of Appropriateness for approval of a raised seam tin replacement roof with a 14.5″ wide raised seam with a pencil stripe instead of a 16″ wide raised seam at 125 Third Avenue SW (TMP 105-12-17-009).
Special-Meeting (Executive Session) At 4:30 p.m., the Board will hold a Special-Called Meeting in Room 309 of the Municipal Building, at which time an Executive Session will be held on matters allowed by S.C. Code Section 30-4-70(a)(2) of the South Carolina Freedom of Information Act, including the receipt of legal advice on pending litigation and other matters covered by the attorney-client privilege.
Work Session At 5:30 p.m. the Board will hold a Work Session in Room 315 of the Municipal Building, at which time there will be a brief preliminary review of matters on the Regular Meeting Agenda. Individuals needing special assistance or sign interpreter for the meeting, Please notify the Planning Department 48 hours prior to the meeting. Updates and other additional information may be viewed via the City of Aiken Website. Contact: City of Aiken Planning Department (803) 642-7608 December 30, 2023.
January 8, 2023: Aiken City Council (meets on second and fourth Mondays of each month):
PUBLIC NOTICE Pursuant to Ordinance 71276 of the City of Aiken, the following ordinance will be considered for Public Hearing at the meeting of Council to be held on Monday, January 8, 2024, at 7:00 P.M. in the Municipal Building, 111 Chesterfield Street S in the Council Chambers. The meeting will be available for public viewing via the City of Aiken YouTube channel. TITLE 1.
AN ORDINANCE AUTHORIZING THE CITY OF AIKEN TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MCGHEE REDUX, LLC. SUMMARY 1. An ordinance approving a development agreement with McGhee Redux, LLC for Market Row on Williamsburg Street SE. Individuals needing special assistance or sign interpreter to participate in the meeting, please notify the City Manager’s Office 48 hours prior to the meeting. Sara B. Ridout, City Clerk December 29 & January 2, 2024.
January 9, 2023. City of Aiken Planning Commission (meets on second Tuesday of each month).
PLANNING COMMISSION NOTICE OF PUBLIC HEARING JANUARY 9, 2024 The City of Aiken Planning Commission will hold a regular meeting on January 9, 2024 at 6:00 p.m. in the City Council Chambers located on the 3rd floor of the Municipal Building, 111 Chesterfield Street South, at which time the following will be considered:
Election of Officers
Application #24-20011
Annexation of 129.23 acres, a portion of tax parcel #122-15-01-004 (po), Powderhouse Road, by CSRA Development Company for James S. Watson Jr. Revocable Trust.
Application #24-22004 Planned Residential (PR) Concept Plan for single-family attached and detached dwellings on 129.23 acres, being a portion of tax parcel #122-15-01-004 (po), Powderhouse Road, by CSRA Development Company for James S. Watson Jr. Revocable Trust.
Application #24-20012 Annexation of 13.54 acres, being a portion of tax parcel #122-15-01-004 (po), Powderhouse Road, and 2.78 acres being a portion of tax parcel #122-19-01-001 (po), Athol Avenue, by CSRA Development Company for James S. Watson Jr., Mary Ann Fry, Fred Douglas McLean, Debra Murphy and Kathy M. McLean.
Application #24-23005 Planned Commercial (PC) Concept Plan for commercial development on 13.54 acres, being a portion of tax parcel #122-15-01-004 (po), Powderhouse Road, and 2.78 acres being a portion of tax parcel #122-19-01-001(po), Athol Avenue, by CSRA Development Company for James S. Watson Jr., Mary Ann Fry, Fred Douglas McLean, Debra Murphy and Kathy M. McLean.
Application #24-20010 Annexation of Public Street Right-of-Way between Whiskey Road and South Centennial Avenue SE; TMP #122-18-05-013 and portions of #122-14-01-003, 122-15-01-004, 122-19-01-001 and 122-18-05-014; 219Harco Drive, 2301 S. Centennial Avenue, Powderhouse Road, Athol Avenue and 2148 Oak Grove Road.
Application #22-23001 Planned Residential (PR) Concept Plan amendment to amenity area on Bergamot Parkway, TMP #122-13-02-036, by Mark at Woodford SC, LLC.
Application #22-23003 Planned Commercial (PC) Concept Plan amendment to signage at 140 Jefferson Davis Highway, TMP #087-18-11-002, by Drayton Parker Companies, LLC.
Proposed amendments to Zoning Ordinance Sections 5.2.3.C.2, 5.2.3.D, 5.2.3.I.2, 6.1.3.D and 6.1.3.E, as applicable to the Design Review Board.
(These Zoning Ordinance Sections currently read as follows:
5.2.3.C.2: Applications for a Certificate shall be accompanied by the following unless waived by the Secretary or otherwise specified on the application form provided by the Board.
5.2.3.D. Public Hearing and Public Notice. For any Certificate of Appropriateness application that it must consider, the Board shall conduct a public hearing not later than 30 days following receipt of a completed application form accompanied by all required information and documents. Public notice of each such public hearing shall be given at least seven days prior to the hearing by the posting of a sign by the City on each street frontage of the subject property clearly visible to the public stating the date, time, and place of the public hearing.
5.2.3.I.2: Appeals: From the Board. Any property owner, City official, or other person aggrieved by and seeking relief from any final decision of the Board on an application for a Certificate of Appropriateness may appeal that decision to the Circuit Court pursuant to Section 6-29-900, Code of Laws of South Carolina, 1976, by filing a petition with the court within 30 days of the filing of the written decision of the Board with the Secretary.
6.1.3.D: Application Deadlines.
1. Applications for which no public hearing is required shall have no application deadlines.
2. All applications for which a public hearing is required shall be completed and submitted to the appropriate official prior to the meeting at which the permit or approval will be considered in accordance with the following table unless waived by the Planning Director.)
January 16, 2023. Aiken County Council
There will be public hearings at the regular meeting of County Council on Tuesday, January 16, 2024 at 7:00 pm, in the County Council Chambers, Third Floor, Aiken County Government Center, 1930 University Parkway, Aiken, SC 29801 concerning the following matters:
1. Ordinance to Approve an Amendment to the Aiken County Official Zoning and Development District Atlas to Rezone Tax Parcel 004-19-01-004 and a portion of Parcel 004-19-06-003 (approximately 54.5 acres) located on Gregory Lake Road (S-582), North Augusta, SC in Council District 5 from RC, Residential Single-Family Conservation to PUD, Planned Use District, Type B.
2. Ordinance to Approve an Amendment to the Aiken County Official Zoning and Development District Atlas to Rezone Tax Parcel 122-13-08-024 (approximately 0.24 acres) located on Whiskey Road (SC-19), Aiken, SC in Council District 7 from RC, Residential Single-Family Conservation to LD, Limited Development District.
3. Ordinance to Declare Certain Property, Identified as Aiken County Tax Parcel #050-16-05-002, and Located at the Intersection of Highland Drive and Jefferson Davis Highway, as Surplus and to Authorize Its Transfer to The Graybill Company, LLC.
4. Ordinance to Amend Sec. 2-63 “Legislative Action” in the Aiken County, South Carolina Code of Ordinances.
5. Ordinance to Confirm Responsibility for Maintenance of Streets, Ways and Bridges Annexed by City or Town Councils. Members of the Public who attend the Council Meeting need to use the rear entrance of the building. Individuals needing special assistance or sign interpreter to participate in the meeting, please notify the County Administrator’s Office at (803) 642-2012 at least 48 hours prior to the meeting. December 30, 2023.