Looking Back: 35 Years of Headlines

Part 2 of Two
See Part 1: Looking Forward: What Kind of Future Could Project Sunny Buy?

If past is prologue, what can be said of a company that, on the one hand, gives generously of funding and efforts to causes and non-profits in its communities and, on the other hand, takes much from its communities?

Reading headlines from over the past 35 years leaves little doubt that both are true. An internet search for “House of Raeford donates” will produce an exhaustive gallery of images documenting the good deeds performed by this company.

Scratching a little below the surface, other headlines emerge with stories of a company whose record on violating environmental regulations and worker safety has been described as “abysmal.” This is not to single out House of Raeford. Similar histories exist among other major players in the poultry processing and slaughterhouse industry.

In the course of reading these stories, which span decades, certain patterns begin to emerge. Histories repeat. Issues that existed four decades ago persist to this day.

Below are some of the headlines from the past 35 years — stories that tend to pass like ships in the night until they personally affect us. Most of the of articles involve House of Raeford, whose stories are highlighted in gray.

1989

Inside the Slaughterhouse
From the 3-part series: “Ruling the Roost”
By Barbara Goldaftas. Southern Exposure. Summer 1989
Excerpt: “Perhaps the most serious threat at the processing plants, however, is the risk of disabling injury. According to the Bureau of Labor Statistics, poultry workers suffer higher rates of illness and injury — rates that are more than twice the average for all workers in the private sector. Poultry processing is ‘more debilitating than any industry I know,’ says Sarah Fields-Davis, director of the Center for Women’s Economic Alternatives, an advocacy group based in Ahoskie, North Carolina. ‘I have seen women without an arm or fingers, with half a hand.’”

”I feel what women feel”
An interview with Donna Bazemore,poultry worker turned organizer.
From the 3-part series: “Ruling the Roost.”
By Bob Hall. Southern Exposure. Summer 1989.
“….Once you go through the door, everything changes. Your whole attitude. When you come out, you’re like two separate people. It has to do with the stress and pressure they put you under.”

Chicken Empires
From the 3-part series: “Ruling the Roost.”
By Bob Hall. Southern Exposure. Summer 1989.
Excerpt: “With its gushing flow of profits, one wonders why the industry doesn’t have the “courage” — to use Don Tyson’s word — to slow down its processing lines, treat its workers with respect, give their contract growers a measure of security, and still produce a product people are happy to eat? Must Frank Perdue and the 47 other chicken kings treat the world as a competitive jungle forever? ‘Perdue showed everybody how to really market chickens,’ says Tex Walker, an organizer with UFCW during its unsuccessful campaign in Accomac. ‘Now somebody needs to show him how to treat people like human beings.’”

2000

River Park Planners Want Plant Relocated
By Bridget A. Sheldon. The State. December 29, 2000
Chicken processing facility occupies coveted site beside the Congaree River.

2006

Civil Action: Cally R. Forrest, Jrl, and Suzanne Forrest, Plaintiffs, vs. Columbia Farms, Inc., Columbia Farms Distribution, Inc., Columbia Farms of Georgia, Inc., And The House of Raeford Farms, Inc., Defendants.

2007

House of Horrors: Turkey Slaughterhouse Investigation Reveals Sickening Cruelty
Mercy for Animals. May 18, 2007.
Excerpt: A Mercy For Animals undercover investigation takes you behind the closed doors of one of the country’s largest poultry slaughterhouses — House of Raeford Farms, Inc. in Raeford, North Carolina. In January and February of 2007 an MFA investigator worked in the “live-hang” area of the plant (where live birds are snapped into shackles on the slaughter line), secretly filming egregious acts of animal cruelty with a hidden camera. 

Denny’s Suspends Buying Poultry
The State. May 23, 2007.
Denny’s, Inc. has suspended poultry purchases from house of Raeford Farms in North Carolina pending further investigation into allegations of mistreatment of animals before slaughter. The allegations had surfaced and a video shot and a house of Raeford facility by representatives of an animal welfare group, the restaurant operator said in a statement.

2008

Worker Abuse Documented Yet Again in the South’s Poultry Industry
By Sue Sturgis. Facing South. February 13, 2008.
The next time you pick up a House of Raeford product at the grocery store — Black Forest Turkey Ham, perhaps, or maybe some Chicken Tenders — you should stop and think about the human suffering that’s not listed among the ingredients. This week the Charlotte Observer is featuring an investigative series titled “The Cruelest Cuts,” examining the plight of workers at the poultry giant’s Carolina facilities. A team of reporters and editors spent almost two years analyzing documents and interviewing more than 200 poultry workers — most of them Latino, and many in this country illegally. The team found compelling evidence the North Carolina-based company failed to report serious injuries such as broken bones and carpal tunnel syndrome, plant officials often dismissed workers’ requests for medical care, and regulators failed to take action to protect the workers. 

Poultry Firm’s Safety Records Raise Questions About Workers’ Welfare
By Kerry Hall, Ames Alexander, and Franco Ordonez. The Charlotte Observer. February 10, 2008.
Excerpt: “In an industry rife with danger, house of Raeford Farms depicts itself as a safe place to work. Company records suggest relatively few workers are injured each year as they kill, cut and package millions of turkeys and chickens. But a Charlotte Observer investigation shows the N.C. poultry giant with S.C. plants in West Columbia, Greenville and Hemingway has masked the extent of injuries behind its factory walls.”

Poultry Production Has High Human Cost
By Kerry Hall, Ames Alexander, and Franco Ordonez. The Charlotte Observer. February 12, 2008.
Excerpt: “Five current and former House of Raeford supervisors and human resources administrators, including two who were involved in hiring, said some of the companies managers know they employ undocumented workers. ‘If immigration came and looked at our files, they take half the plant,’ said Caitlin Davis, a former Greenville plant human-resources employee. “

Painful realities
By Kerry Hall, Ames Alexander, and Franco Ordonez. The Charlotte Observer. February 13, 2008.
Excerpt: “When injured workers require treatment beyond first aid, employers also must record those injuries on federal logs; too many such injuries can draw scrutiny from workplace safety inspectors. In this environment, medical gatekeepers often face a choice: provide workers with the care they need or save the company money.”

Injured Sent Back to Work
By Kerry Hall, Ames Alexander, and Franco Ordonez. The Charlotte Observer. February 14, 2008.
Excerpt: “House of Raeford boasts that its Greenville plant has gone more than 7 million hours without a “lost time accident,”meaning no worker has been injured badly enough to miss an entire shift. But according to the company’s own safety logs, Vicente was among at least eight workers at the plant who suffered amputated fingers or broken bones— all during the time the plant claimed to have millions of safe working hours dating back to 2002. Managers have kept the streak alive by requiring injured workers to return to the plant — in some cases hours after medical procedures.“

Congress Takes on the Poultry Industry: Hearings called after newspaper put spotlight on worker safety.
By Kerry Hall, Ames Alexander, Franco Ordonez and Peter St. Onge. The Charlotte Observer. February 17, 2008.
Excerpt: “In a six-part series that began last Sunday, the Observer reported that House of Raeford, which has seven processing plants in the Carolinas, had masked the extent of injuries behind its plant walls. Employees say the company, which has plants in West Columbia, Greenville and Hemmingway, has ignored, intimidated, or fired workers who were hurt on the job.”

5 Supervisors Arrested
The State/McClatchy Newspapers. June 19, 2008.
Excerpt: Federal agents on Wednesday arrested a fifth supervisor at a house of Raeford Farms poultry plant in Greenville as part of an ongoing investigation into alleged immigration violations. On Tuesday, immigration officials arrested four other supervisors after finding what appeared to be false information on employment records kept at the company’s Greenville chicken processing plant, according to Kevin McDonald, first assistant US attorney for South Carolina. 

Poultry plant manager arrested.
The State. July 11, 2008
Excerpt: “A manager at a Greenville poultry factory under federal investigation was arrested Wednesday and charged with telling employees to use falsified immigration documents, according to court filings.”

Five More Workers Face Charges
Franco Ordonez, Kerry Hall, The Charlotte Observer. August 16, 2008. Excerpt: “In a February series on workplace safety in the poultry industry, the Charlotte Observer reported that some house of Raeford managers knowingly employed undocumented workers, according to five current and former supervisors and human resource administrators. Former supervisors have said the plant prefers undocumented workers because they are less likely to question work conditions for fear of losing their jobs or being deported.” 

Three more poultry workers arraigned
The State. Compiled from reports by The Greenville News, and The Charlotte Observer. August 30, 2008
Excerpt: “Three more house of Raeford Farms workers were arranged this week on charges of using fake IDs to work for the company’sGreenville plant, which continues to be at the center of an illegal immigration investigation. The men pleaded not guilty, and detention orders were placed on them because they were in the country illegally. “

Will next raid be at Columbia Farms?
Franco Ordonez. The Charlotte Observer. September 6, 2008
Excerpt: “This summer’s arrests of 11 House of Raeford workers in Greenville shocked its S.C. work force. Dozens of workers have since left their jobs. The company is hiring fewer, if any, Latinos and has turned to state prisons to fill its production lines in West Columbia and Greenville.”

Feds Hold 300, Probe Hiring
Ames Alexander, Franco Ordonez, Franco. The Charlotte Observer. October 8, 2008
Excerpt: “Federal authorities conducted an immigration raid at Greenville’s Columbia Farms plant Tuesday, detaining more than 300 workers and searching for evidence of illegal hiring practices. As shifts at the chicken processing plant were changing at about 9 a.m., about 100 agents with U.S. Immigration and Customs Enforcement and the Department of Homeland Security raided the facility. When agents arrived, workers began running down hallways crying and screaming, said Herbert Rooker, a janitor who wore a blue band on his wrist, indicating agents had determined he was in the country legally. Rocker said he had to duck into a bathroum to avond a stampede of people.

Gallery: Immigration Raid at Poultry Plant.
Agents of the Immigration and Customs Enforcement division of the Department of Homeland Security executed a search warrant at the House of Raeford’s Columbia Farms chicken processing plant in Greenville, S.C., Tuesday, Oct. 7, 2008. Federal agents detained more than 300 suspected illegal immigrants in the raid at the plant that has been under investigation for months.(AP Photo/Greenville News, George Gardner)

Poultry Workers Torn Apart by Arrests
The State/Associated Press. October 9, 2008
Excerpt: “A day after the raid, families waited to bear from loved ones at detention centers. Meanwhile, businesses and streets were vacant because those not rounded up stayed home, afraid agents would return.”

Greenville Area Residents Aid Families of Suspected Illegals.
Post and Courier/Associated Press. October 12, 2008.
Excerpt: “The Greenville News reported Sunday that the Alliance for Collaboration with the Hispanic Community and local residents have met to identify lawyers, counselors, educators and interpreters to help the families. They also are trying to raise money and find people to care for the children of the jailed workers.”

Illegal workers set for deportation.
Post and Courier. November 19, 2008. 
Excerpt: “Ten former workers at a Greenville poultry plant who were in the U.S. illegally have pleaded guilty in federal court. Prosecutors said three of the men pleaded guilty Wednesday to false use of a Social Security number to get jobs at the House of Raeford’s Columbia Farms plant.”

Poultry plant fined
The State. November 21, 2008
“North Carolina regulators have cited a chicken processing company for 49 serious safety code violations, many involving hazardous chemicals. The Charlotte Observer reported the $178,000 fine levied against House of Raeford Farms is significant for the state’s Occupational Safety and Health Administration.”

2009

South Carolina poultry plant manager faces immigration charge
Post and Courier/Associated Press. April 15, 2009.
Excerpt: “Prosecutors say Barry Cronic began hiring illegal immigrants at Columbia Farms in Greenville in 2000, and kept hiring them until a raid last October. The raid found more than 300 people working at the plant who were in the county illegally.”

Poultry Plant Official Pleads Not Guilty
The State. May 15, 2009.
Excerpt: “The personnel manager of a Greenville poultry plant has not guilty to knowingly harboring illegal aliens.”

Feds Indict Columbia Farms
The State/Associated Press. July 17, 2009.
Excerpt: “The company that runs a South Carolina poultry plant knew it man managers were hiring illegal immigrants at a facility rated in October, federal prosecutor said, and an indictment release Thursday.”

Poultry Plant Manager Enters Plea
The State/Associated Press. July 31, 2009.
“Columbia Farms Greenville plant chief pleads, not guilty in immigration case. “

10 Workers Sue Columbia Farms Plant.
The Greenville News. August 1, 2009.
Excerpt: “Ten former employees have sued the Columbia Farms chicken processing plant in Greenville, alleging the company refused to pay overtime that they worked and, in one case, fired a worker after accusing her of faking a workplace injury.”

OSHA Seeks to Get Better Handle on Injuries
By Kerry Hall Singe and Ames Alexander. The Charlotte Observer. October 5, 2009.
Excerpt: “An Observer investigation found that North Carolina-based House of Raeford Farms failed to record some workplace injuries.
The poultry company’s 800-worker plant in West Columbia reported no musculoskeletal disorders over four years. Experts say that’s in-conceivable. MSDs, including carpal tunnel syndrome, are the most common work-related injuries afflicting poultry workers. The company’s Greenville plant has boasted of a five-year safety streak with no lost-time injuries. But the plant kept that streak alive by bringing injured employees back to the factory hours after surgery. House of Raeford says it follows the law and strives to protect workers.”

Poultry Giant to Pay Fine.
By James Alexander and Franco Ordonez. The Charlotte Observer. November 4, 2009.
Excerpt: Columbia Farms will pay a $1.5 million fine and will be required to change its hiring practices under an agreement that will allow it to avoid a criminal conviction on federal immigration charges. The deal will also allow two indicted managers at the poultry company’s Greenville plant to avoid criminal prosecution, provided they enter a supervised program for a year. The agreement, finalized just hours before the start of the scheduled criminal trial in federal court in Greenville on Tuesday, will give N.C.-based parent company House of Raeford an opportunity to keep its record clean and hold on to valuable government contracts.

2012

North Carolina Poultry Processing Plant Convicted for Knowing Violations of Clean Water Act.
US-DOJ Office of Public Affairs Press Release. August 20, 2012. 
Excerpt:“Publicly owned wastewater treatment plants must be protected from companies that cut corners by discharging wastewater illegally,” said Maureen O’Mara, Special Agent in Charge of of EPA Region 4, which covers the southeast United States including North Carolina.  “The defendants in this case deliberately discharged turkey parts, blood and grease into the wastewater plant for over 16 months, bypassing treatment.  Today’s conviction sends the message that the American public will not tolerate companies putting profit ahead of compliance.”
See also: EPA Summary of Criminal Prosecutions

Poultry processor, House of Raeford, to pay fine for child labor violations at Teachey, North Carolina plant following US Department of Labor investigation.
Department of Labor press release. October 16, 2012.
Excerpt: “The U.S. Department of Labor has assessed a total of $12,400 in civil money penalties against poultry processor House of Raeford Farms Inc. following an investigation by the department’s Wage and Hour Division that found minors performing hazardous duties prohibited by the Fair Labor Standards Act’s child labor provisions. “Employers who hire young workers must comply with all federal and state regulations intended to keep our youth safe on the job,” said Richard Blaylock, director of the division’s Raleigh District Office. “This situation is particularly disappointing because the company previously was cited for the same type of violation. It is critical for employers to learn about and comply with the child labor provisions of America’s labor laws.”

Big U.S. poultry processor hit with fines over youth labor
By Ames Alexander and Franco Ordonez. The Charlotte Observer/McClathey News.October 17, 2012
Excerpt: “This is not the first time House of Raeford, one of the largest poultry producers in the country. has been caught employing underage workers. During a 2008 immigration raid of the company’s Greenville plant, federal officials found six juveniles, including a 15-year-old, working on the chicken line. One of those underage workers, Lucero Gayton, said in 2008 that she started working the night shift four months after turning 15. While most of her former classmates were playing sports and attending dances, Lucero said she was working 10-hour shifts, wielding a sharp knife, cutting muscles from thousands of freshly-killed chickens.”

2014

Man trapped, injured Tuesday night at chicken processing plant. .
By Anne-Kathryn Flanagan. The State. June 4, 2014.
A man was taken to the hospital after being trapped in a piece of machinery at the chicken processing plant for almost two hours, according to West Columbia Fire Chief Wyatt Coleman.
Injured House of Raeford Worker Recovering After Surgery
WATTPoultry. June 14, 2014
An employee at the House ofRaeford Farms chicken processing plant in West Columbia, South Carolina, wasinjured June 3 in a work-related accident. The 43-year old man was operatingfactory machinery and suffered severe injuries to his right leg, the company stated.

2017

ProPublica: Sold for Parts
The New Yorker: Exploitation and Abuse at the Chicken Plant
By Michael Grabell. Story co-published by ProPublica and The New Yorker. May 1, 2017.
Excerpt: Case Farms built its business by recruiting immigrant workers from Guatemala, who endure conditions few Americans would put up with.
[Note: While House of Raeford is mentioned on a graph in this story, this article is about a different chicken plant, Case Farms].

Pressure mounts on chicken factory to clean up or move
By Al Dozier. Post and Courier. July 16, 2017
Excerpt: The city of West Columbia is losing patience with House of Raeford Farms, a long-standing chicken processing plant on Sunset Boulevard.

Chicken Plant Doesn’t Fit with Riverfront Renaissance.
By Tim Flach. The State. August 27, 2017.
West Columbia’s riverfront has undergone a renaissance, with joggers and cyclists almost daily enjoying the riverwalk and two upscale neighborhoods opening in the last decade. But city leaders and nearby residents worry that continued development will be stymied by an increasingly unpopular neighbor – a 60-year-old chicken processing plant that produces 281 million pounds of meat a year. Residents complain mainly about frequent bad odors and chicken feathers.

Stench near W. Columbia’s popular Riverwalk may improve as city targets plant
By Tim Flach. The State. October 18, 2017. 
The City Council late Monday gave initial approval to a set of restrictions on “offensive” odors that disturb residents, with final adoption expected by mid-November. Complaints about stench from the 60-year-old plant on Sunset Boulevard are increasing as new neighborhoods and businesses develop nearby.Councilman Tem Miles called the proposal a message to the House of Raeford to end problems at the plant. “This is telling them to clean up their act, that the smells are no longer acceptable,” he said.

Why West Columbia chicken plant is getting a reprieve on tougher stench rules
By Tim Flach. The State. November 10, 2017.
West Columbia officials are giving a chicken processing plant more time to stop odors before they crack down on the stench. “We’re pushing it off for a while to see if they can come up with a solution for the problem,” Mayor Bobby Horton said of proposed limits on odors. City Council members gave initial approval Oct. 16 to a set of restrictions on “offensive” odors that disturb residents. They were set to give final approval next Tuesday but that is on hold for a few months, Horton said.

Who Would Pay $27,000 to Work in a Chicken Plant?
By Michael Grabbel. ProPublica. December 28, 2017
Chicken plants have recruited thousands of foreign workers in recent years through a little-known program to fill jobs they say Americans won’t do.

Wilde said immigration agents are questioning why white-collar Koreans would want to pay tens of thousands of dollars to cut chicken. “They are sacrificing themselves for the futures of their children,” she said. “That is no different than any other immigrants in American history.”

Based in Rose Hill, North Carolina — home of the world’s largest frying pan — House of Raeford ranks among Apple, Google, Microsoft and Amazon as one of the biggest sponsors of green cards. The chicken processor, which employs 4,300 people at seven plants, has applied for 1,900 foreign workers in the last three years, according to Labor Department data. The company also ranks among the most dangerous poultry processors in the country, according to a ProPublica analysis of safety violations, with many workers suffering crippling hand injuries.

2018

With chicken plant odor unders scrutiny, city lodges new way for public to complain.
WIS – TV. May 11, 2018.

Top broiler companies targeted in new lawsuit
WATTPoultry. July 2, 2018.
The largest broiler companies in the United States have again been targeted in a class-action lawsuit, alleging that the companies conspired to manipulate chicken prices.


Kenneth N. Young, Plaintiff, v. Columbia Farms, Inc., a division of House of Raeford Farms, Inc., Defendant.
CaseText: C/A No. 6:17-cv-01340-DCC  09-05-2018 
https://casetext.com/case/young-v-columbia-farms-inc
Plaintiff, an African-American, was employed from February 13, 2013 to October 6, 2016. Id. at 3. Plaintiff alleges that his supervisors regularly greeted him in the mornings with phrases that included, “How ya doing, my Niggas?” Plaintiff filed a complaint with the plant manager, and, while the supervisor stopped using the phrase, tension remained. On or about September 30, 2016, Plaintiff was threatened by another employee wielding a knife, and Plaintiff defended himself to avoid being stabbed. Defendant suspended Plaintiff for three days and then immediately terminated his employment upon his return. He was 61 years old at the time of his termination.

Environmental Integrity Project: Water Pollution from Slaughterhouses
October 19, 2018
Three Quarters of U.S. Meat Processing Plants that Discharge into Waterways Violated their Permits, 2016-2018


2019

Worker Dies in Accident at House of Raeford Plant
October 30, 2019.
WATTPoultry. A contracted worker who was cleaning equipment at the House of Raeford poultry plant in Teachey, North Carolina, was involved in a fatal accident at the plant on October 25.

2020


Meat plant workers say they were fired after protesting risks.
By David Travis Bland. The State. May 7, 2020
About a dozen workers at a chicken processing plant in West Columbia were fired Wednesday after protesting for better pay and working conditions amid the coronavirus, according to some of those who said they were fired. Workers at the House of Raeford chicken plant refused to work under what they consider hazardous conditions without pay to compensate for the increased dangers of the coronavirus, the protesters told The State as they congregated on the sidewalk across Sunset Boulevard from the plant.



Union Investigating Workers’ Complaints at West Columba Chicken Plant
By David Travis Bland. The State. May 9, 2020
The United Food and Commercial Workers Union is investigating complaints and a protest by workers at a chicken processing plant in West Columbia, according to a spokesperson for the union. On Thursday, a protest by a dozen or more workers asking for better pay and working conditions broke out on the sidewalk across from the House of Raeford chicken processing plant, sometimes called Columbia Farms, on Sunset Boulevard. The UFCW’s meat packing division is investigating the origins of that protest and whether the House of Raeford violated the union’s contract or federal labor law, spokesperson Valerie Barnhart said.

Union Files Grievance Against West Columbia Chicken Plant After Workers Fired
By David Travis Bland. The State. May 21, 2020.
The union for workers at a West Columbia chicken processing plant hit the company with an official allegation that the company broke its contract when about a dozen workers were fired after asking for better pay and better working conditions. The United Food and Commercial Workers Local 1996 filed the grievance against House of Raeford, which operates the West Columbia poultry plant sometimes called Columbia farms, after a May 6 protest by about a dozen workers. The workers wanted increased pay and better safety measures amid the increased risk of working during the coronavirus outbreak

Lawyers: Firing protesting workers at West Columbia chicken plant likely illegal
By David Travis Bland. The State. May 27, 2020.
Excerpt: “Supervisors at a West Columbia poultry processing facility may have violated federal law when they fired about a dozen employees who raised concerns about the facility’s safety and sought better pay amid the coronavirus outbreak, according to labor lawyers. On May 6, Naesha “Shay” Shelton and June Miller gathered with about a dozen other workers at the House of Raeford chicken processing plant in West Columbia to ask supervisors about getting hazard pay and better working conditions. More than ever, the job that involves cutting raw chicken by hand while standing next to co-workers seemed more dangerous because of the virus, workers said. Hearing news reports about the coronavirus swarming meatpacking workers across the country, Shelton, Miller and their coworkers felt their request for hazard pay and improved safety conditions were reasonable.”

Workers at SC Meat Plants Infected with COVID 19. Many Cases are in the Midlands
By Sammy Fretwell. The State. July 3, 2020.
Excerpt: “According to the agency’s statistics, about 58 percent of the 125 positive cases have occurred at Amick Farms and House of Raeford plants, mostly in the Columbia and Greenville areas. A total of 72 workers at Amick and Raeford facilities have been diagnosed with COVID 19, DHEC says.”

Investigation shows property, massive pile of dead birds in Sampson County site belong to House of Raeford.
WRAL News, Rose Hill, NC. February 9, 2022.
Heather Overton, a spokeswoman for the state Department of Agriculture and Consumer Services, said the dead birds and the site where the birds were temporarily dumped belonged to House of Raeford, a chicken processing company known for its bulk sales.

2022

2023

House of Raeford in NC taking part in USDA’s Modified Line Speed Waiver Program Participation to determine the impact of increased line speeds on worker safety. March 2023.

Latest settlement in poultry price fixing suit brings recovery to $284 million.
By Rachael Oatman. Meat+ Poultry. October 10, 2023.
A class of direct purchasers agreed to a $75 million settlement with two poultry processors involved in a consolidated antitrust lawsuit for allegedly conspiring to fix prices of US broiler chicken.House of Raeford Farms Inc. agreed to pay $27.5 million, and Koch Foods Inc. agreed to pay $47.5 million. With the settlement, the total recovery to date is over $284 million.

2024

House of Raeford reaches settlement and Price fixing case.
By Rachael Oatman. Meat + Poultry. January 5, 2024.
House of Raeford Farms agreed to pay $460,000 in a settlement of a chicken price-fixing lawsuit with Washington Attorney General Bob Ferguson. The attorney began his lawsuit against the house of Raeford and 18 other chicken producers in 2021. He alleged that the companies, which account for 95% of the broiler market, conspired to manipulate prices by restraining production and exchanging competitively sensitive information. 

Complaint: Milton Byrd, Plaintiff, Vs. House of Raeford Farms,, Inc. Defendant.

Violation Tracker, a database on corporate misconduct. House of Raeford entries from 2000 to the present.

_____________________

A Forward Look: What Kind of Future Could “Project Sunny” Buy?

Part One of Two

Project Sunny was not on last night’s City Council agenda, however, a number of speakers came to the podium during the non-agenda portion of the meeting to give statements on the project. As the Aiken community learned only two weeks ago, Project Sunny is the code name for House of Raeford — the chicken slaughterhouse and processing center that is looking to locate at the Exit 22 gateway to the City on US Highway 1 North.

The speakers in last night’s meeting raised a number of important concerns:

  • concerns about the capacity of the aquifer to support this industry;
  • concerns over the ability of infrastructure to handle both the water supply and the waste generated;
  • concerns over the City’s decision to site a chicken processing plant, rather than sorely needed retail, grocery stores and basic services, for existing residents on the northside;
  • concerns over the City giving priority to the profit of a private enterprise over the needs of existing residents;
  • concerns over the people who would be employed at this facility;
  • concerns over the wisdom of placing a chicken processing plant at the main gateway to Aiken — an idea one speaker described as “out of touch” with the vision that City Council has been projecting for Aiken’s future.

Local resident Winona Specht, a retired SRS scientist with a background in environmental toxicology, pointed out that House of Raeford has an “abysmal record when it comes to violating environmental regulations and violating worker safety issues” and has been fined over $1.5 million for violations going back many years. She recounted several specifics from the past 4 years, alone, including two serious environmental violations and two serious workplace safety violations, along with price-fixing and anti-competitive practices. 

A recurring theme among last night’s speakers was the lack of information provided by the City to citizens on a project that local leadership has been working on for months, if not longer. This same message has been echoing for the past two weeks in local social media threads. What do we know about Project Sunny, House of Raeford, and the chicken processing and slaughterhouse industry that our leaders have been working to bring to Aiken?

Some Basics

Chicken processing plants and slaughterhouses are, by nature, water-intensive, waste-producing, pollution-generating industries. They are also among the most dangerous workplaces in America. For this reason, the industry tends to site these facilities in areas where labor is exploitable, regulations weak, and water cheap. They find fertile ground in the South. 

The realities of water depletion go largely unimagined in the southeastern US. We’ve yet to see the repercussions of unfettered water consumption that are being realized in the midwestern and the western US, where water depletion is starkly viewed in the disappearing rivers, lakes, ponds and well-water. A recent New York Times story, “America is Using Up its Groundwater Like There’s No Tomorrow,” reported that, in some areas:

“So much water is being pumped up that it is causing roads to buckle, foundations to crack and fissures to open in the earth. And around the country, rivers that relied on groundwater have become streams or trickles or memories.”

Working from numbers provided by Aiken City Manager Stuart Bedenbaugh, Project Sunny will use about 34 million gallons of water per month, equal to about 15% of our surface water capacity. As if to reward such consumption, the City is incentivizing this company by offering to sell the water at a 50% discount. Similar discounts are being offered for wastewater discharge in a system already under stress to keep up with demand. As was recently pointed out in the Aiken Chronicles, Another Fifty-Percent Off Sale

“In both cases, the more water used, and the more industrial wastewater produced, the lower the prices. No other City water and sewer customer even comes close to using this much water, or discharging that much wastewater. The Project Sunny facility, or any other major water user, could consume as much water in one year as the capacity of the City’s spring-fed Mason Branch reservoir. It also has the potential to put a further strain on the County’s Horse Creek Wastewater Plant, which the County is working to upgrade to meet a projected future capacity that seems to keep increasing.”

The question is — given a choice — why would leadership in a city and in a state that is still fortunate enough to have adequate drinking water supplies give the keys to our water to such a water-intensive industry, and at BOGO prices? What are they thinking? 

Jobs, we’ve been told — 900 of them, with a starting pay of $18 per hour; just what the northside needs, we’ve been told.

There is also the matter of dollars brought to Aiken — a $183 million investment by House of Raeford and the $65k per month water bills to be paid by Project Sunny. The seduction from all these dollars requires we engage denial on the cost. The seduction depends on our ability to ignore the lessons being learned all over the US and the rest of the world: when the water’s gone, there is no amount of money going to refill those creeks, streams, rivers, lakes, wells and aquifers.

About Those Jobs

According to the City Manager Stuart Bedenbaugh, the starting pay is $18 per hour. Elsewhere, we’ve been told that $18 is the average pay, which could mean the starting pay may be only two-thirds of that amount. We don’t know. Accurate information is lacking.

Regarding the type of work in these facilities, according to OSHA and the Bureau of Labor Statistics, these are some of the most dangerous jobs in the country. According to the Executive Summary in an OSHA file dated October 1, 2023, a publication whose stated purpose was to “to reduce injuries, illnesses and fatalities related to workers’ exposures in poultry processing facilities”:

Click above text to enlarge.

The Overview on Poultry Processing at the OSHA website further elaborates:

“There are many serious safety and health hazards in the poultry processing industry. These hazards include exposure to high noise levels, dangerous equipment, slippery floors, musculoskeletal disorders, and hazardous chemicals (including ammonia that is used as a refrigerant). Musculoskeletal disorders are of particular concern and continue to be common among workers in the poultry processing industry. Employees can also be exposed to biological hazards associated with handling live birds or exposures to poultry feces and dusts which can increase their risk for many diseases.”

The work for the clean-up crew is no less hazardous, according to the earlier-mentioned October 2023 OSHA publication:

Click above text to enlarge.

According to this same OSHA publication, the Bureau of Labor Statistics (BLS) reports that “the extent of the problem may be far greater than the elevated risk reported by employers and seen in the BLS data due to under-reporting.”

This reality is borne out through the accounts of workers over the past 50 years of poultry processing history and at least 35 years of House of Raeford history. While the rates of worker injuries and illness have fallen somewhat over the years, it is difficult to ascertain how much of this is due to improved processes; how much is due to the ripple effects from the defunding of OSHA and other oversight and regulatory agencies; how much is due to under-reporting by industry; and how much is due to under-reporting by employees, themselves, who understand that the fastest way to getting fired is to get sick or injured. As the headlines and the stories tell, poultry industry workers know better than to take time off for gastrointestinal infections, lost fingernails, amputations and broken bones.

This history and the records of this industry will be explored in some depth in Part Two of this story, as told in 35 years of House of Raeford headlines.

____________________

NEXT: Looking Back at 35 Years of Headlines.

A “Flowery” Closed-Door Meeting

During a March 11, 2024, closed-door Executive Session, the company behind “Project Sunny” made an informational presentation to City Council that was described as “flowery” by two Council members.

Prior to the Executive Session, the fact that Project Sunny involved a House of Raeford chicken processing plant was not publicly disclosed within the City Council’s meeting agenda information package. This vital information only emerged after the closed-door session. The City chose not to properly disclose the true nature of its proposed water and sewer services ordinance written on behalf of House of Raeford, thus avoiding considerable citizen objections.

The six House of Raeford representatives who attended the Executive Session chose not to speak during the regular Council meeting, instead leaving City Council members and a few audience members to speak on their behalf.

The South Carolina Freedom of Information Act (SC FOIA) has no exemptions to its Open Meetings laws for generic informational presentations from prospective businesses. As the House of Raeford presentation to Council should have been made in a public forum, the closed-door meeting arguably violated SC FOIA, at least in spirit.

by Don Moniak

(March 28th updated timeline: City Council announced on Monday, March 25th, that it would not proceed with a second public hearing on its Ordinance to provide water and sewer to House of Raeford until AFTER County Council acts on its Resolution to provide a Fee in Lieu of Taxes (FILOT) tax incentive to the company. County Council still has two votes on that matter, the first tentatively scheduled for April 16th, the second for May 7th—which is also the date for a public hearing to be held by County Council.

May 3, 2024 update: On April 16, 2024, Aiken County Council did not move forward on its FILOT tax incentive Ordinance. More details of that event can be found in Sewage Capacity Makes the News.)

Original article: March 25, 2024

As detailed in Executive Session Backgrounder, the open meetings clause of South Carolina’s Freedom of Information Act (FOIA) allows public bodies to hold closed-door Executive Sessions under certain conditions—but under no condition are closed-door meetings absolutely mandated. The State’s two highest elected officials have made it clear that if there is doubt about whether a meeting should be closed, then it should be open.

The backgrounder cites one example of Aiken City Council conducting a meeting behind closed doors on September 11, 2023, to hear an informational presentation from Aiken Corporation subcontractor McMillan Pazdan and Smith. The presentation by a publicly funded organization obviously should have been made in a public forum, and was arguably a violation of the state’s open meetings law.

Six months to the day after that questionable closed-door Executive Session, Aiken City Council appears to have met yet again in a closed-door Executive Session to hear a mere informational presentation that should have been presented in an open public forum.

Figure 1. Probable location of House of Raeford chicken processing plant. The first reported location was Verenes Park, which is due south of a higher income neighborhood and closer to the city’s water supply, Shaws Creek, as well as a proposed multi-million dollar Greenway bicycle and walking trail. (From Aiken County land database).



History of Project Sunny Closed-Door Sessions

This was the third Executive Session involving Project Sunny, which is now known to involve a House of Raeford chicken processing plant to be located near I-20’s Exit 22 (Figure 1 above); five miles north of Aiken city limits, but within the City of Aiken’s water and sewer district.

The North Carolina-based company, and Project Sunny “sponsor,” is seeking to access more than 30 million gallons per month from the City of Aiken’s surface water supply—approximately 45 percent of the City’s surface water capacity.

The company’s chicken processing plant will also produce similar amounts of wastewater that will enter into the City’s sewer system, ultimately to be processed at Aiken County’s Horse Creek Wastewater Treatment Plant—which is already undergoing capacity issues.

As reported in Another Fifty Percent Off Sale, Aiken City Council, so far, seems to be very willing to help incentivize the company’s project by providing considerable discounts on both water and sewer rates.

The first two closed-door meetings to discuss these incentives were held on November 27, 2023 and January 8, 2024. Project Sunny representatives were not listed as attendees at either of the two meetings.

The March 11th Closed-Door PR Presentation

On March 7, 2024, the City announced the third closed-door Executive Session, to be held at City Council’s March 11th meeting. The notice read:

City Council will go into Executive Session pursuant to Section 30-4-70(a)(2) and (5) of the South Carolina Code for the discussion of negotiations incident to proposed contractual arrangements and the provision of City services to encourage the location of a new business.

Specifically, City Council will discuss the following:

A discussion regarding the provision of City services to a new business to encourage the location of that business. This project is currently known as ‘Project Sunny.’”
(1)

This past Thursday, March 21st, the City released the list of attendees at the March 11th closed-door session; it included “six representatives from Project Sunny.”

Based on the meeting minutes and video archive, at least a portion, if not the entirety, of this closed-door session did not involve a discussion of “contractual arrangements and provision of City Services” and at best only peripherally involved “provision of services to encourage the location of (the) business.”

Instead, a large portion of the closed-door meeting appeared to have involved an informational, public relations presentation by House of Raeford representatives to encourage Council members to accept the business; a presentation that should have been made in full public view.

To make matters worse, prior to the March 11th meeting, the City had declined to publicly disclose the Project Sunny company or the nature of its business. Only after the closed-door session did the City reveal that Project Sunny is a House of Raeford chicken processing plant. The City’s withholding of information from area residents proved to be an effective method to avoid public scrutiny during the first public hearing on its discounted water and sewer services ordinance written on behalf of the company.

The PR Presentation Aftermath

During the regular public meeting, which can be viewed here beginning at the 42:35 mark, not a single House of Raeford representative addressed the audience.

Instead, City Council members relayed the messages from the company’s presentation, with two members describing it as “flowery,” another describing it as “fluff,” and one describing millions of dollars of annual charitable giving from a company that is simultaneously seeking about a few million dollars a year in water and sewer rate discounts.

Councilwoman Gail Diggs initiated the testimonials, stating that:

“I had some questions. We all did. We had a good presentation tonight and we’re pretty pleased with the project, especially how they reach into the community and provide different programs for our young people.” 

(The meeting minutes reflect that Ms. Diggs described the presentation as being held during the Executive Session, even though that was not stated specifically.)

Councilwoman Kay Brohl followed with a more glowing review, stating in part:

Madame Mayor, may I add on to what Councilman Diggs had just said? This company, it’s unbelievable what they give back to the community. There was a high school prom that could they couldn’t afford, this company underwrote the whole prom. They’ve taken 75 kids to DC and paid for all of their expenses. They’re very involved with the Junior ROTC.  They took some 26 kids on the anniversary of Pearl Harbor to Pearl Harbor. So far this year they’ve given six and a half million back to the community, that’s a pretty large commitment.” 

Councilwoman Lessie Price was the first to describe the presentation as “flowery,” and added, in part, that:

We had a great meeting, a very informative meeting with the owners. Once we passed the flowery things,some of the things that I personally was concerned about was the environmental things that, as Laverne (Justice) mentioned that you’ve got to be careful about. I believe based on my interaction that they were pretty upfront and honest with what they knew and could determine or predict environmental concerns…They were not afraid of answering honestly with these questions and often times you can tell that someone will give you all the flowers but the details are what we have to look at when it comes to environmental concerns.” 

Councilwoman Price also expressed the desire to “visit some of their locations to see what is there. She said she would report her findings.”

Councilwoman Andrea Gregory spoke last. While she also used the word “flowery,” she later added the presentation involved “fluff” and asked for more environmental information before casting the only dissenting vote on the ordinance. She stated, in part, that:

I want to thank Project Sunny personnel from House of Rayford for coming and presenting to us. I got tonight probably the bulk of the information that I have received since the beginning, a lot of it was very flowery. I would say a lot of fluff, good fluff, good community supporters. And that’s always nice but it has to do with the business aspect of the details. 

At the end of the day, we have a very valuable resource that we need to make sure that we are upholding, and so that’s where bulk of questions are.

I would love to follow up with you guys to see what what is done for Batesburg, Monetta, and what specifically is done for West Columbia because I didn’t hear about any of those communities and they’re our neighbors….Council took a lot of time to to invest in the Brunswick tract and we need to preserve it, we need to make sure it’s clean. 

She finished her speech by adding:

I appreciate your presentation with all the fluff but I want to know the specifics as far as the environment is as well.

Figure 2: City Council members on a tour of a House of Raeford chicken processing facility in North Carolina. Puddles of water can be seen in the photo, part of the process of keeping the facility clean and sanitized that reflects part of the need for the company’s high demand for city water. Chicken parts, blood, and other product line waste must be washed into the facility’s wastewater plant. Photo by Bill Taylor posted to Facebook.

The Chicken Plant PR Trip

Less than two weeks later, Councilwomen Diggs, Brohl, and Price did visit a House of Raeford chicken processing facility in North Carolina, along with State Representative Bill Taylor (and others who have yet to be identified).

Representative Taylor, who also worked for decades as a “media consultant,” was the first to publicize the trip by posting a glowing review on a newly created Facebook group page created to address project issues. The posting included a photo of the Raeford family (Figure 3 below), workers in the break room, the chicken drumsticks processing line (Figure 2 above), and a photo of the building exterior. According to Taylor, there were “no feathers and no odor” at the plant.

Because the tour only involved a minority of City Council, the City did not have to be announced in advance. But a few questions that immediately arise about the fact-finding public relations tour include:

  • Who decided on which three Council members would attend? 
  • Was Councilwoman Gregory, the only Council member to express concerns and a desire to learn more about local facilities before casting the lone dissenting vote on March 11th, invited on the tour? 
  • Why has Councilwoman Price, who routinely champions “community meetings” on controversial issues, not yet advocated such a meeting before any tours and final votes, in order to gather community input and questions? 

    Commentary

    As the timeline (3) for Project Sunny shows, rollout of the House of Raeford project has had all the markings of a typical large economic development project vigorously pursued by local government and involving government subsidies: a decision is made, local officials help mount a public relations effort on behalf of developers, and then citizens are offered heavily filtered information. The closed-door presentation and subsequent North Carolina chicken plant tour had all the markings of the elitist, invitation-only, Project Pascalis “Influencer Meetings.”

    For this project, people were informed there was a Project Sunny, and that it would involve access to massive amounts of city water. Less emphasized by city government was the copious amounts of sewerage production.

    In this latest instance, City officials first attempted to pass a more generic “water guzzler” ordinance to favorably amend water and sewer rates for any high-volume customers—without mentioning Project Sunny by name.

    After that effort ran into stiff community resistance, the City pivoted to an ordinance to offer water and sewer services and discounted rates only to the potential Project Sunny customer.

    Officials then knowingly withheld vital information about the true nature of Project Sunny until after a closed-door session to hear the “flowery,” “fluffy” presentation by House of Raeford representatives, held prior to the announced public hearing. In doing so, City Council avoided, for the first public hearing, the inevitable objections to a large chicken processing plant to be located within a quarter mile of community residents who have no vote, and often no voice, in City business.

    The City has also has yet to announce the exact location of the business to which it intends to provide water and sewer service, a remarkable departure from normal city policies and planning procedures.

    For its part, The House of Raeford opted only to speak to Council behind closed doors, but not to the community, and allowed City Council members to act as the company’s public relations surrogates.

    In doing so, all but one Council member devoted the bulk of their efforts to lauding the company’s community profile instead of describing their corporate, environmental, and safety record. In fact, no evidence exists that Council has yet conducted any real due diligence on the company’s record.

    The fundamental role of government is to protect the health and welfare of its citizens, not to promote corporate projects based on the company’s public relations literature. To date, Aiken City Council, as well its counterpart in the County, has yet to show any evidence of its primary role, but has put forward ample evidence of its assumed role of chicken plant project promotion.
Figure 3: Councilwoman Gail Diggs and Kay Brohl viewing a portrait of the Raeford Family. Photo by Bill Taylor posted to Facebook.

Footnotes:

(1) The full text of the cited SC FOIA public meeting exemptions are as follows:

SC 30-4-70(2): Discussion of negotiations incident to proposed contractual arrangements and proposed sale or purchase of property, the receipt of legal advice where the legal advice relates to a pending, threatened, or potential claim or other matters covered by the attorney-client privilege, settlement of legal claims, or the position of the public agency in other adversary situations involving the assertion against the agency of a claim.

SC 30-4-70(5): Discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the public body.

(2) In a parallel effort, Aiken County Council has proposed a Fee in Lieu of Taxes (FILOT) resolution to negotiate a tax break to House of Raeford.. The ordinance authorizing a FILOT agreement— which is now standard for larger projects—with the Project Sunny “sponsor” has already been approved, “in title only,” during the First Reading of the Ordinance (Figure 3).

Figures 4 and 5. Title of Resolution and Body of Resolution approved on First Reading on February 20th.



On March 19th, in response to public comment by Aiken County resident Vicki Simons, Chairman Gary Bunker announced the second reading is tentatively planned for April 16th; and the public hearing and third reading is scheduled for May 7th.

Aslo on March 19th, nine area residents spoke to Council about the project. Their speeches can be heard around the 30 and 42 minute marks, and after the 56 minute mark, on this audio recording of the meeting.

(3) Summary of the Timeline of Project Sunny.

Unknown date through November 2023. The the Western South Carolina Economic Development Partnership secretly negotiated, as per normal modern economic development procedures, with The House of Raeford to locate a new chicken processing plant in Aiken County. 

November 27, 2023: Aiken City Council held a closed-door Executive Session to discuss Project Sunny. The location was identified as Verenes Industrial Park. Neither the company nor the nature of its business was identified. 

January 8, 2024; Aiken City Council held a second closed-door Executive Session to discuss providing city water and sewer services for Project Sunny. Verenes Park was not identified as the location, and neither the name of the company nor the nature of its business was revealed. 

January 22, 2024: Aiken City Council held the FIrst Reading of the Public Hearing for an ordinance to amend city water and sewer rates to provide major discounts to any business or industry that used more than 15 million galllons per month of city water. The ordinance passed unanimously, with only one citizen asking questions during the public comment period. Additional information known at that time is available in The Water Guzzler Ordinance. 

February 13, 2024: Aiken City Council removed the Second Reading of the Public Hearing from its meeting agenda, citing citizen concerns and questions  Three area residents still expressed concerns and questions about the proposal during the nonagenda public comment period.

February 20, 2024: Aiken County Council voted to unanimously approve, on its first reading, a proposed resolution (Figure 4 above) to authorize execution of Fee in Lieu of Taxes (FILOT) for the “sponsor” of Project Sunny. New information was provided in the draft resolution that the project involved a potential $185 million investment; but it did not identify the project location, the name of the company, the nature of its business, nor the potential number of jobs. 

Aiken County Council later entered into closed-door Executive Session to discuss three economic development projects, of which one was likely to be Project Sunny. 

March 7, 2024: The City of Aiken released the agenda for the March 13th Aiken City Council meeting, and announced an Executive Session regarding Project Sunny.  The agenda included a new ordinance to provide discounted water and sewer rates, but only for a single customer that was only identified as Project Sunny. The potential number of jobs, 900, was identified; but not the investment amount provided in the proposed County ordinance, the location, the name of the company, or the nature of its business. 

Morning of March 13, 2024; Aiken Chronicles published Another 50 percent Off Sale detailing the known status of Project Sunny. City Council was emailed a link to the article and a series of questions, including whether the project was a chicken processing plant similar to that in West Columbia. 

Evening of March 13, 2024: Prior to its regular meeting, Aiken City Council held a one-hour long closed-door Executive Session to discuss Project Sunny. Attending the session were six representatives from “Project Sunny” who provided Council with a presentation about the company.  

During the regular meeting, City Manager Stuart Bedenbaugh disclosed that the Project Sunny company was The House of Raeford and the nature of the business was a chicken processing plant—information not provided prior to the meeting.  After some discussion, Council voted 6-1 to approve the First Reading of the Ordinance, with Councilwoman Andrea Gregory casting the sole vote of dissent.

March 19, 2024: Eight Aiken County citizens traveled to Aiken County Council’s regular meeting to express their strong concerns about the project during the period allotted for public comment on nonagenda items. One citizen traveled to the meeting to support the project. 

Week of March 18th: Three members of City Council joined an entourage to view a House of Raeford chicken processing plant in North Carolina. 

March 21, 2024. The City of Aiken released the agenda for Aiken City Council’s March 24th meeting. The Project Sunny water subsidy ordinance was not on the agenda.

April 8, 2024: Tentative date of Aiken City Council’s Second Reading of the Public Hearing for the ordinance to provide House of Raeford with discounted prices on more than 30 million gallons of month of city water, as well as acceptance of similarly high levels of wastewater into the city’s sewer system.

April 16, 2024: Tentative date of Aiken County Council’s Second Reading of its Resolution to execute a Fee in Lieu of Taxes (FILOT) agreement with House of Raeford. If the City does not approve the water and sewer provision ordinance, the County is unlikely to proceed.

May 7, 2024: Tentative date of Aiken County Council’s Public Hearing on the Project Sunny FILOT Resolution, followed by a vote on the Third Reading.

(Post Approval: Wastewater and air permitting processes with SC Department of Health and Environmental Control (DHEC). )

Aiken County Council (Considers) Going Live


by Don Moniak
March 15, 2024
(Update and Correction: County Council has not yet approved the live stream. It only remains under consideration. The public notification that Council was livestreaming its next meeting was made in error. When informed of the public health emergency error within the notification, County officials did not state that the Public Notification of a Public Hearing livestream announcement or any other part of the notice was inaccurate. There was no public notification that a FB Live recording was not scheduled.)

(Update: July 19, 2025: County Council still refuses to livestream its meetings, and earlier this year voted 6-2 to not fund such an effort. Council members Mike Kellems and Landon Ball voted to fund livestreaming, whereas Chairman Gary Bunker and Council members Danny Feagin, Sandy Haskell, Phil Napier, Andrew Siders, and P.K. Hightower voted to not fund livestreaming.)

At 1,070 square miles, Aiken County is the fourth largest county by land area in South Carolina. County officials like to boast that it has a (slightly) larger land area in the State of Rhode Island. Despite its size, neither Aiken County Council nor Aiken County Planning Commission public meetings can be viewed remotely (1). The minimalist, incomplete, and often inaccurate, nature of County Council meeting minutes further hampers public knowledge of Council proceedings.

The Board of the Aiken County Public School District, North Augusta City Council, and Aiken City Council—as well as its three decision making bodies (Planning Commission, Design Review Board, and Board of Zoning of Appeals)—all livestream their meetings for remote viewers in the spirit of openness and access. The City of Aiken has meetings archived on You Tube that date back nearly a decade.

In contrast, the only time County Council has live streamed its legislative process, for constituents who were unable to attend, was during the early days of the COVID-19 public health emergency. With Council’s regular meetings being as short as half an hour, and rarely longer than ninety minutes, any resident in Jackson, Monetta, downtown Windsor, suburban Wagener, or other far flung areas of this Rhode Island-sized county can spend more time traveling to and from meetings than at the actual meetings.

This is about to change. After more than a month of prodding by County Councilman Kelly Mobley (R-North Augusta), who was responding to constituent concerns as well as the persistent voices of a few meeting regulars, Aiken County Council will begin the positive step of live streaming its meetings via the county’s Facebook page.

Council’s Administrative Committee discussed the matter with County staff during its February 20th meeting. The primary objections from staff, and a few Council members, to modernizing public meeting access were costs and trepidation over potential Freedom of Information Act (FOIA) requests.

The costs issue is expected, as Aiken County government is notoriously frugal; many would say cheap. At the same time, not a single person in the room had any sense of what the costs were; a recommendation was made to reach out to the cities for more information.

The FOIA issue seems more contrived than real. County code already dictates that audio recordings of Council meetings must be made available upon request, with a possible slight fee of about three dollars. The idea that there will be requests for video, when the video is provided for free during the meeting and can easily be archived for future viewing, seems far fetched.

Councilman Mobley eventually swayed the group, stating that “something is better than nothing,” and that “in this age, there are affordable and easy options.”

Wear Your Mask?

The renewed effort, which debuts on Tuesday, March 19th at 7 p.m., has already experienced two gaffes.

First, the public notice (Figure 1) for the livestream that was published in the Aiken Standard on March 2nd was a cut and paste of COVID-era public notices that informed attendees that mask use and distancing rules will be observed “due to the current public health emergency.” The reason given for the error by County staff was that:

“The project’s attorney published the public hearing (notice). Aiken county did not.

Figure 1. Published notice for the March 19th AIken County Council public meeting. Aiken Standard, March 2, 2024.


The second gaffe involves the comment period. In this instance, citizens were informed they must comment on March 19th agenda items by noon on March 5th. There is, of course, no link to an agenda where items can be found; only the one-sentence, legalistic, and meaningless title of a proposed ordinance. There will be no agenda until March 18th, the day before the meeting.

Aiken County Council has a quirky system for releasing its agendas and associated documents that is also in need of a modern update.

First, County staff is mandated to provide the materials to Council members on the Friday before regular Tuesday meetings. Then, by 8:30 Monday morning, staff must provide the materials via email to any news media or regular citizens who have requested to be on a meeting notification list; a South Carolina FOIA requirement (2).

Thus, County Code allows for Council to receive agenda documents four days ahead of meetings; while their constituents must wait until the day before meetings. In contrast, Aiken City Council and its Boards, Commissions, and Committees publicly release agendas and related documents four days before meetings.

To make County business even more opaque, agendas are squirreled away behind an online layer of fine print. The County’s “Calendar of Events” that provides the links to agendas and documents occupies about one-quarter of its homepage, and the links are tiny and nearly indecipherable. (Figure 2).

Figure 2: The County Calendar, where agendas and associated documents are posted.

Still, the livestream implementation is a positive step towards more open government. If nothing else, county residents at least have an opportunity to view their elected officials in action; without having to make a one hour roundtrip for a half-hour meeting.

Viewers should be aware, however, that County Council meetings are much drier and more regimented than those held by their elected officials in Aiken and North Augusta. There is seldom a discussion about agenda items, and decisions about the majority of agenda items—known as the consent agenda—are made beforehand in Committee meetings (3)

Footnotes

(1) In terms of other forms of modern information access, Aiken County government remains mired in a previous generation. The County website has not been updated in years, and is in places a labyrinth. With the exception of its Parks and Recreation and anti-litter Departments, social media is not used to convey news and messages. The main Facebook page occasionally features photos of adoptable dogs, but few notices of meetings or upcoming events.

(2) To be placed on the email notification list for Aiken County Council meeting notices, which include agenda attachments, contact kgorby@aikencountysc.gov

(3) Monthly Committee meetings (Development, Administrative, and Judicial and Public Safety) are currently being held in small rooms, instead of the spacious Council Chambers. The meetings are characterized by Committee and Staff members siting at a table with their backs to fellow Council members and any citizens who wish to attend. The only positive attribute of this arrangement is that the rooms are not smoke-filled.

Another Fifty Percent Off Sale (For the Chicken Processing Plant)


An Update on Project Sunny and The Water Guzzler Ordinance.

by Don Moniak
March 11, 2024
(Updated March 12, 2024. As suggested in this story yesterday, Project Sunny is indeed a chicken processing plant. As reported by WFXG-Fox News reporter Abby Bradshaw, House of Raeford plans to locate a new plant in Aiken at Verenes Industrial Park. The project still has two public hearings remaining, one Aiken City Council in two weeks and one with Aiken County Council sometime in April.)

Summary

A City of Aiken attempt to amend its water and sewer rate ordinance to provide radical discounts for an unidentified company in an unidentified industry ran into flak from City residents in early February 2024. As a result, Aiken City Council took the ordinance off its meeting agenda, ostensibly due to citizen questions and concerns.

Throughout this time City Council, with the blessing of the City Attorney, refused to divulge any information about plant location, job creation, company investments, or environmental impacts.

One month later, the City has pivoted by abandoning the water and sewer rate amendment and opting for a new, reformulated ordinance that has more palatable language, but very similar results—discounts of 50 percent instead of 67 percent that disincentivize water conservation.

The latest effort coincides with Aiken County Council’s process, now two-thirds complete, for passing an ordinance providing a Fee in Lieu of Taxes (FILOT) arrangement for what is now known to be the same unidentified company in an unidentified industry.

Between the two processes, some information regarding economic benefits has emerged that City Council has asserted, just six weeks ago, must remain confidential: investment, location, and job creation. Information about any negative impacts remains confidential.

The new details about jobs, combined with high water use and sewage production and the presence of an extensive local network of poultry producers in the northeast portion of the county and neighboring Lexington County, suggests the possibility of another potential customer—a labor intensive chicken processing plant that requires high volumes of water and wastewater discharge capacity.

(The new ordinance will face its First Reading of the Public Hearing (1) for the replacement ordinance will take place tonight’s City Council meeting, which begins at 7 p.m. at City Municipal Building, 111 Chesterfield Street. A closed-door, Executive Session regarding Project Sunny is also planned prior to the Regular Meeting.)


Details

The City’s Water and Sewer Rate Incentives

As reported in The Water Guzzler Ordinance, on January 22, 2024, Aiken City Council moved one step forward towards amending its water and sewer rate ordinance in order to provide major discounts to any commercial customer outside of the city limits. At the time, Council claimed it was restricted from providing any details on the “potential customer” for whom the amendment was clearly being tailored.

The amended water rate ordinance proposed discount rates for customers that consumed at least 15 million gallons per month from the City of Aiken’s Northside water supply, and a deeper discount—up to 67 percent—if a customer used more than 30 million gallons per month. The same thresholds and similar rate discounts held true for wastewater discharge. In both cases, the more water used, and the more industrial wastewater produced, the lower the prices.

No other City water and sewer customer even comes close to using this much water, or discharging that much wastewater. The Project Sunny facility, or any other major water user, could consume as much water in one year as the capacity of the City’s spring-fed Mason Branch reservoir. It also has the potential to put a further strain on the County’s Horse Creek Wastewater Plant, which the County is working to upgrade to meet a projected future capacity that seems to keep increasing.

At its January 22nd meeting, only one potential user, referred to only as “the customer,” was identified. Although “the customer” appeared to have a strong link to a Western South Carolina Economic Development Partnership economic development effort for the City’s Verenes Industrial park, described only as “Project Sunny,” Aiken City Council refused to acknowledge the connection—a stonewalling that was encouraged by the City Attorney.

The rate amendment effort stalled after considerable concerns, questions, and outright opposition arose regarding both fairness to other customers and the impact on the water system and supply from a any water guzzling business.

After receiving numerous questions and complaints, City Council took the amended water and sewer rate ordinance off of its February 12, 2024 meeting agenda. Councilman and Mayor Pro Tem Ed Girardeau stated the reason was due to citizen concerns and questions, and a resulting need to consult with experts. He stated that:

It has been recommended that we amend the agenda to continue item number six under old business to a future meeting.  I know there’s a lot of interest here tonight, it’s the change in the water rate for a bigger industry. This week we’ve received a lot of questions, and they are good questions quite frankly. Some of them think you think you know the answer to, and some of them you don’t know the answer to. We’ve decided to bring in some experts and get some help to give us a little bit of background as we go forward.”

In spite of the deferral of the second public hearing, three citizens (1) still spoke up to raise concerns and objections to the ordinance. The issues were similar to those described in Water Welfare on Tap in City Council: water is a renewable, but finite resource; Aiken’s water supply is threatened by the proposed ordinance; the ordinance disincentives conservation; the discounts are unfair to existing residential and commercial users; the incentives will result in lost revenues that could be used for infrastructure maintenance; Aiken should not trade its water resources for unknown economic benefits.

Figure 1: Supporting memorandum for new water and sewer rate discounts for “Project Sunny.”


Meet the New Discounts, Almost the Same as old Discounts.

If City Council sought anything more than expert legal and policy advice, it is certainly not evident in its latest Project Sunny incentives drive.

Instead of continuing with the troubled amended water and sewer rate ordinance, the City of Aiken has pivoted to a new strategy—abandoning its rate ordinance amendment, and substituting it with an ordinance for a specific agreement with the single unidentified company in an unidentified industry.

In doing so, the City revealed information that just six weeks ago it claimed was confidential. The supporting memorandum (Figure 1) for the lightly modified approach indirectly describes the location (Verenes Industrial Park) by naming the company as “Project Sunny.” The memo also identifies an economic benefit of 900 jobs at a starting wage of $18 per hour and benefits; but not the economic investment itself; estimated by Aiken County to be $185 million.

The difference between the two approaches is minimal—a 50 percent discount for any water consumption above 15 million gallons per month. The previous offer ranged from 60 to 67 percent. (Table 1) In both scenarios, the more water use, the lower the price; disincentivizing water conservation.

Alongside the water rate discounts, the City is also offering discounts on wastewater discharges into the City’s sewer system—that eventually are treated by the Horse Creek Plant—that range from 30 to 45 percent. The discount proposed in the abandoned water and sewer rate ordinance was 58 percent. As with water use, more wastewater production means lower costs for the company; disincentivizing any wastewater reduction efforts.

Water Service 1/22/24
Proposed Rate per 750 gallons
3/11/24 Proposed Rate per 750 gallons Out-of-Town Commercial Rate
15-30 Million Gallons/Month$1.31$1.64$3.27
> 30 Million Gallons/Month$1.07$1.64$3.27
Monthly Bill 30M Gallons$43,610$65,616$130,810
% Discount 30M Gallons 67 percent50 percent N/A.
Table 1: Proposed Water Consumption rates for unidentified Project Sunny, The differences in rate discounts h are not identified are not identified in the City Manager’s supporting memorandum for the latest ordinance.


The Sponsor;” Aiken County’s Parallel Project Sunny Process

The City is also proceeding in tandem with Aiken County Council, which has already tentatively approved a Fee in Lieu of Taxes (FILOT) agreement with the Project Sunny company, only referred to in the County ordinance as “the sponsor.” The process is two-thirds complete, as Council approved the FILOT agreement during its Second Reading of the Ordinance in early February. All that is left is a Public Hearing, probably to be held in April once the City finishes its incentives business.

In the process, another detail emerged that City Council originally refused to disclose; that the Project Sunny “sponsor” company intends to invest up to $185 million over a thirteen-year period. Yet, the County inexplicably did not divulge the job creation numbers, opting only to state that the FILOT incentive agreement required that 125 jobs be created in the first four years of operation.

Both the City and the County predictably refuse to divulge the name of the company for fear of jeopardizing the deal and/or breaking any existing nondisclosure agreements. However, both entities also refuse to identify even the the industry that is involved, or any other pertinent information regarding potential adverse impacts.

The situation is both similar and dissimilar to Project Sabal. As reported in Is Google Coming to Aiken County, Aiken County Council passed a FILOT ordinance for an unidentified company hiding behind a another shadowy, shell holding company; another business with a tremendous appetite for water and a propensity for enormous wastewater production.

Although the County’s Project Sabal ordinance identified investment benefits while withholding environmental costs; it did at least name the industry: water intensive, hi-tech data storage centers.

The similar, but slightly different, Project Sunny approval process was subjected to objections and questioning by two county residents during the open public comment period at County Council’s March 5th public meeting; who reside less than six miles north of the proposed Project Sunny,

During a three-minute speech to Council, Vicki Simons cited the intent of South Carolina’s Freedom of Information Act to promote openness in government; the State Constitution’s provision that “all political power is vested and derived from the people only,” and the fact that “Aiken County Voters are at the top of Aiken County’s 2024 Organizational Chart, meaning that we are your bosses”

She then described a plant in Saluda County , one that the Western Carolina Economic Development Partnership touts in its promotional materials, with serious wastewater issues:

An August 17, 2023, article in The State newspaper reported a pet food plant (SC Pet Solutions) was polluting a popular clear-running creek into a slimy, foul-smelling stream with unsafe levels of bacteria. This was causing Saluda County residents to be distraught.
We absolutely must not have a repeat of this situation in Aiken County!”


She concluded by saying:

Because this is our backyard, Aiken County voters and taxpayers deserve to know regarding ‘Project Sunny:’

  • the true name of the company;
  • the nature of the proposed business;
  • why it could consume more than 15 million gallons of water per month; 
  • and what effect this company’s business will have on air and water quality in our county.

It is imperative that before Council has any further ‘readings’ or a Public Hearing on ‘Project Sunny,’ that Council reveals the company name, the nature and scope of the business, and its true projected impact on natural resources.”

Do you have any questions?”

In typical fashion, no County Council member commented or asked a question.

Michael Simons then raised further objections, asking in part:

What kind of business would require having access to that much water? It’s unheard of here in Aiken County.
Why would we want to have a business in our county that requires such an amount?”


Again, there were no answers, no comments, no questions.

Figure 2: The 146-acre City of Aiken owned parcel in Verenes Industrial Park. It is the largest undeveloped tract in the park.


What Industry? Another Possiblity.

What industry is associated with Project Sunny? Unlike the Sage Mill Industrial Park, one likely location (Figure 2) in Verenes Industrial Park is only a third of a mile from numerous residents along Shiloh Church Road, an area that has also experienced steady residential growth; where another large subdivision is planned near Shiloh Church and Highway 19. North.

As reported in The Water Guzzler Ordinance, two water intensive industries are hi-tech data centers and beverage producers.

Given the combined information provided by the County and City, a third possibility is a chicken processing plant. The meat processing and packing industry remains a labor-intensive industry that requires high volumes of water and produces high volumes of wastewater.

One example can be found about fifty miles away from Aiken. According to a November 2017 article in The State newspaper, the long-embattled, odorous House of Raeford chicken processing plant in West Columbia (Figure 3), which at that time had about 800 employees—just 100 fewer than the projections for Project Sunny—was a major water user:

The plant is also a moneymaker for West Columbia because processing chickens for supermarkets uses lots of water. City officials say the plant paid $1.2 million for water last year, about 10 percent of the city’s utility revenue.”

West Columbia’s existing water rate for in-town commercial customers is currently $3.70 per thousand gallons—considerably higher than that proposed for Project Sunny. Generating a $1.2 million dollar water bill would require approximately 324 million gallons per year—close to 30 million gallons per month.

Another factor to consider is the considerable network of poultry producers in north central Aiken County and neighboring Lexington County. Any chicken processing plant would have a local supply, although it would be competing with other area processors for that supply.

Whether it is a chicken processor, beverage producer, data center, or other industry, Aiken County residents have the right to know what water intensive, waste producing, and possibly odor emitting industry is being incentivized by their elected officials through tax incentives and discounted water and sewage service and tax incentives to locate here.

The City of Aiken, Aiken County, and the Economic Partnership group could reveal the Project Sunny industry without revealing the company; just as it did with Project Sabal. They just choose not to, putting the confidentiality demands of the “sponsor” over the concerns of county residents.

Figure 3: The House of Raeford Plant in West Columbia.

Figure 3: The House of Raeford Chicken Processing Plant in West Columbia. Although area residents complain about powerful odors from the plant, it remains a major employer and West Columbia water customer; there are no rumors or reports of it moving. However, a similar, more modern plant is a possiblity in Aiken County.

Footnotes:

(1) Technically, a City of Aiken public hearing consists of two “readings.” The proper phrasing is “First Reading of the Public Hearing,” followed by “Second Reading of the Public Hearing.”

In contrast, Aiken County conducts three readings for each new ordinance, but only one public hearing.

(2) From the Feburary 12, 2024 Aiken City Council meeting minutes:

Laura Bagwell.

Laura Bagwell stated she wanted to speak about the item that was removed from the agenda. She said she wanted to talk about why it is a bad idea to create a discount water rate for major commercial and industrial users. The science for this region does not support that idea. The city’s water comes from both ground water and surface water. These are renewable resources, but they are not unlimited resources.

Recent studies show that if this region continues to grow at a rapid pace, and when we experience another drought like 2002 that we are going to experience real shortages in ground water and surface water. This is likely to happen in the next two generations. Shaws Creek, which supplies 20% of our water, may have insufficient volumes for one or two months. Projections indicate that Groundwater levels may drop below the top of the aquifer near Shaws Creek. This poses a real risk of the ground sinking, dry wells and maybe permanent irreversible damage to our aquifer.

The new water treatment plant will not matter. It is like when a check account is overdrawn, it does not matter if you still have checks. The science is telling us that our water resources could soon be stretched very thin.

Financially this is a losing proposition. She asked if the city had really analyzed the true cost of supplying cheap water for big users. She noted that residential rates go up and up as more water is used. Our existing commercial rates already include a provision for a price break with increased use. In other words, the city already rewards commercial users when they use more water and now decide to give them an even bigger price break. She asked if this would be a permanent discount for the operational life span of this mystery business. She asked how many millions of dollars will the city miss out on by promising cheap water in exchange for coming here.

She asked how many permanent full time jobs will the new business provide. How can Council guarantee that this corporate give away will not place an additional burden on regular water customers who have already endured 7 rate increases in 14 years. She noted that the city has better tools to attract investment—infrastructure lines, tax breaks, a discount rate that sunsets, ideas but it is not permanent. Don’t use incentives to be over allocated resources.

Peter Kleinhenz.

Peter Kleinhenz, Executive Director of the Aiken Land Conservancy, stated the Land Trust’s mission is to serve Aiken’s character for present and future generations through advocacy and land protection. He said he was present to speak about the proposed tier water rate ordinance that Laura Bagwell spoke about. This ordinance, which as proposed incentivizes industrial and commercial development by offering reduced water rates seems, to attract both, presumably to foster greater economic development to our community.

He said he decided to look at what some of the fastest growing cities in South Carolina were doing. Charleston, Hilton Head, Columbia, Rock Hill and Myrtle Beach all charge industrial and commercial users more for increased water usage. The more water you use, the more you pay. They all do the opposite of what is being proposed. No one would argue that those communities are not economically viable for attracting development.

However, those communities likely understand that safeguarding a finite resource such as water avoids significant taxpayer incurred costs down the road. There are plenty of examples of water depletion leading to avoidable costs that taxpayers may get stuck with, including here in the Southeastern United States. Aiken Land Conservancy is pro-growth.

However, protecting one of Aiken’s most important natural resources from exploitive use is more important than that. We believe there are better means with which to attract growth the City of Aiken wants to see that does not involve the depletion of a resource that could become scarce and that everyone of us depends upon.

Meg Adams.

Meg Adams stated she wanted to provide her opinion from the perspective of someone who works in a local law firm that specializes in commercial transactions, specifically commercial real estate. She said she works every day in development. She said she is pro-development and understands the need for it, but she also understands the need for sustainable development.

She said she is also a conservationist. She said she had worked with a local non-profit water conservation agency, for about 7 years. She said she was here to tell Council there is a better solution to this than the major water rate tier for large water users. She said she understood the need to bring in new industry and to provide incentives for new businesses to come, and understands the need to bring in new jobs, but not giving away a natural resource that is already under extreme threat.

She noted this is not just environmentalists screaming that we need to hug more trees. The State of South Carolina has been under threat as far as our water resources for a long time. This is really a nation-wide issue. Giving away a resource that is already highly threatened is not a good idea. She said she just wanted to point out a few things that she found a little humorous when she was reading through the proposed ordinance as well as scanning through some stuff on the city’s website as far as water utilities go.

The city’s website says that water services provided by the city and residential rates are structured to encourage conservation and the more water one uses the higher the cost. She asked why this standard does not apply to commercial users. Commercial users already have a discount.

She asked if we would give them a second discount to use even more water, to use even more of the resource that is already under threat. It incentivizes them to use more water. She asked why the same standard did not apply to commercial users as to residential users. Also, on the city’s website and on the water bill is a list of ways for residential users to conserve water. There are several other things she could point out.