By Martin Buckley
See also: Pigs of Pascalis Gallery #1
























By Martin Buckley
See also: Pigs of Pascalis Gallery #1
























Ed Woltz’s business license tax appeal reveals inconsistencies and inequities.
by Don Moniak
June 10, 2023
A legal hearing on a business license tax appeal has revealed irregularities in the program that could result in overtaxing of some licensees, tax exemptions for landlords owning single properties, a higher tax burden on City of Aiken based businesses, and double taxation. Some of the implications could be state-wide.
The Appeal
As reported in Ed Woltz’s Business License Citation (1), the City of Aiken cited businessman Ed Woltz, who is also a City Councilman, in late November of 2021 for an undefined business license violation. It turns out the issue strictly pertained his rental properties, but the citation never made that distinction.
As a result of the citation, the city alleged that taxes were underpaid and overdue. A criminal proceeding ensued and, after two cancelled jury trials, the case was dismissed in late August of 2022 by City Solicitor Laura Jordan.
Subsequently, Mr. Woltz paid some of what the city claimed was owed, but appealed the city’s assessment (2), as allowed under Section 12-41 of the City business license ordinance (3). His wife, Dr. Holly Woltz, was added to the proceedings as a party due to co-ownership of some rental properties. Aiken attorney Clark McCants III, who had represented Mr. Woltz since the citation was issued, filed the appeal on their behalf.
In November 2022, Aiken City Council selected North Augusta attorney Kelly Zier to hear the case.
After several continuations, Mr. Zier heard the appeal on Thursday in Aiken City Council chambers. One conclusion in the Ed Woltz’s Business License Citation article was that this case could have implications for other business tax licensees in the City of Aiken. That conclusion may have been understated.
There was no dispute as to whether the Woltzes had underpaid (4) business license taxes for 3-5 years on their rental properties. By the end of the hearing, though, the two sides were still debating what the applicable total gross income to be taxed would be. That debate involved the exchange of papers and not testimony, as business license taxes are exempt from public disclosure, in large part to prevent access to the data by competitors.
The defendants, represented by attorney Clark McCants, largely focused on the loopholes, lack of direction, and inconsistent implementation of the City of Aiken’s business license ordinance (3)—particularly as it pertains to rental properties. The appeal cites three constitutional issues; taxation outside of authorized jurisdiction, denial of equal protection under the law, and a lack of specificity in a tax revenue code.
Since the business license tax ordinance adopted in March 2021 is a standardized, “model” ordinance created by the Municipal Assocation (MASC) of South Carolina, any irregularities and inequities in the ordinance have state-wide implications. Although influential and powerful, MASC is not accountable to the voting public.
During the hearing, the Defense highlighted several issues suggesting the MASC Model Ordinance needs improved directions and better glue. Among the numerous issues identified, three rose to the forefront:
City Policies vs City Ordinances
The only information in the ordinance pertaining to rental properties is the tax rate. The only guidance on how rental property income should be assessed and taxed is contained within the license requirement identified in Section 12-31 of the ordinance;
“Every person engaged or intending to engage in any business, calling, occupation, profession, or activity engaged in with the object of gain, benefit, or advantage, in whole or in part within the limits of the City of Aiken, South Carolina, is required to pay an annual license tax for the privilege of doing business and obtain a business license as herein provided.”
In spite of this clear requirement that any person seeking gain obtain a license, the City of Aiken has a long standing policy of exempting owners of a single rental property. There is no clear basis in the ordinance to justify the policy.
Mr. McCants asked city employees serving as witnesses for the basis of this policy. Their honest answer was that the policy dates back to the 1980’s.
McCants then went through several hypothetical situations of how this policy discriminates against owners of more than one rental. Most notable is the landlord who is only renting a single home in a high-end real estate district like the historic Winter Colony area. That landlord pays no business license tax, while landlords with two or more lower-end rentals do pay business license taxes.
The largest loophole was saved for last—LLC’s with single properties are treated as single property owners, no matter who owns the LLC. Therefore a landlord who has an LLC for each property can avoid paying any business license tax on rental income.
Given the ease in which LLC’s can be arranged into so-called shell companies, which can then be used to disguise ownership, the implications for determining whether a single property owner actually owns multiple properties is obvious.
At another point the single rental exemption discrepancy more stark, when an attorney representing the city read a policy from the city website instead of citing from the ordinance. The two did not match. At issue was a separate ordinance (5) mandating that owners of rental properties register them in the city (Section 10-13).
The rental registration policy read from the city’s website states, in part;
“Owners of two or more rental properties must provide their current business license number and contact information to us.”
The defense produced a hard copy of the ordinance to point out that there is no reference to the number of rental properties in the ordinance. The city’s policy on its website, which is more widely read and referenced, does not match the less-read ordinance.
The implications for lost revenues due to the single rental property exemption was also noted during the testimony. The only City Council member present to hear that implication was Ed Woltz.
The Tax Burden of City-based Businesses
Section 12-32 makes the following distinction between City residents and non-residents pertaining to gross income determinations:
‘If the licensee has a domicile within the Municipality, business done within the Municipality shall include all gross receipts or revenue received or accrued by such licensee. If the licensee does not have a domicile within the Municipality, business done within the Municipality shall include only gross receipts or revenue received or accrued within the Municipality.”
Domicile is defined as “a principal place from which the trade or business of a licensee is conducted, directed, or managed. For purposes of this ordinance, a licensee may be deemed to have more than one domicile.”
In the case of multiple property owners like the Woltzes whose domicile is in the city, this means that gross income from all properties outside the City of Aiken is taxable. The only exemption are properties subject to a business tax by another municipality or county.
This means that, in the case of city-based multiple rental property owners, rental income from anywhere in the country is subject to business license taxes. For the Woltzes, this means rental property income in places as different as Augusta and Colleton County is subject to taxation.
In contrast, landlords operating outside city limits only pay taxes on the gross income of city rental properties. This disincentives annexation into the city.
This discrepancy could apply to other businesses. For example, a building contractor based in the city may be required to pay taxes on work completed outside the city, whereas a contractor based in the county only pays on work completed in the city. However, this possibility was not specifically discussed.
Double Taxation
Section 12-36 allows for deductions from gross income only for income earned in other jurisdictions that require payment of business license taxes.
For landlords, this means money spent on improvement or maintenance work completed by contractors is not deductable for the purposes of business license tax. The landlord pays taxes on the money spent, and the contractor pays taxes on the money earned. A landlord who has a negative income one year due to maintenance or other issues pays a tax based on gross income, while the contractor(s) pay a tax on their gross income earned via the landlord’s loss.
The Future of the Model Business Ordinance and the Woltzes’ Business License Taxes.
Hearing Officer Kelly Ziers will ultimate decide how much, if any, the Woltzes still owe the city.
Less clear is how much authority he has to rule on the discrepancies between city policy and city ordinances.
Even less clear is how much authority he has to rule on the MASC business license ordinance that has been adopted by municipalities across the state.
During the hearing one of the City’s contracted attorneys suggested to Mr. Woltz that “you are on City Council, you can change the ordinance.’
But it takes four votes to approve, amend, or repeal an ordinance. As a City Councilman, Ed Woltz cast the sole vote against the adoption of the MASC model ordinance in March 2021, arguing there are too many confusing clauses in it.
Since Mr. Zier’s decision can be further appealed, Ed Woltz the businessman may have the opportunity to challenge the legal validity and constitutionality of business license ordinance via the judicial system after having failed in a legislative objection as a member of City Council.
Given the facts that business license tax revenues are a third of all city revenues, , the implications of this appeal are substantial for the revenue stream of municipalities across South Carolina and the businesses that provide the revenues.
(Update. Mr. Zier ruled on behalf of the City of Aiken).
Footnotes
(1) https://aikenchronicles.com/2022/11/01/ed-woltzs-business-license-citation/
(2) The Appeal is on Pages 26-28 of the file of related records at;
https://drive.google.com/file/d/1orjlOMTrqI83KwNzxJ4_lNpapblx3OA8/view
(3)The business license ordinance can be found at;
https://library.municode.com/sc/aiken/codes/code_of_ordinances?nodeId=CICO_CH12BU
(4) The other issue that arose is that Ed Woltz the businessman went to City Manager Stuart Bedenbaugh for guidance on the business tax issue as early as 2019, because ‘he is the man in charge.’ Woltz testified under oath that he was seeking guidance and not intervention because Mr. Bedenbaugh “is the man in charge.”
Woltz testified that Mr. Bedenbaugh did not respond for a year, and when he did it was to say the City Attorney had advised him against any involvement. Since neither Mr. Bedenbaugh nor City Attorney Gary Smith were called to testify during the hearing, that issue is only added as a footnote here.
(5) Section 10.13 of Aiken’s Municipal Code can be found at
https://library.municode.com/sc/aiken/codes/code_of_ordinances?nodeId=CICO_CH10BUBURE_S10-13RE
The website policy that is not law can be found at
https://www.cityofaikensc.gov/doing-business-in-the-city/doing-business-in-the-city-of-aiken-rental-property-registration/
By Burt Glover
I wish I’d known more about the passionflower vine (Passiflora incarnata) when I was a young child. As it was, those vines seemed to grow everywhere. In late spring, the stunning, purple-fringed, multi-colored flowers would appear — a signal that school was about to let out for summer. I imagine that more than one school girl would pick the flowers of this vine, imagining their fringed petals to be a ballerina’s dress.
We boys would wait for the hollow, egg-shaped fruits to appear later in the summer. “Maypops,” we called them, and those green orbs did pop when thrown to the ground. They weren’t as much fun later in the summer as they ripened to a golden hue and got soft. “Maysplats” was probably a better description for them then. Not knowing if they were poisonous, none of us ever tried to eat one of them.

It turns out that maypops are quite edible. When ripe, the black seeds inside are surrounded by a yellow pulp. Eating these has been likened to eating a pomegranate. The fruit contains a goodly amount of vitamin C, as well as a fair amount of B vitamins and A. The flavor of the pulp is described as having a sweet/sour, tropical-type of taste — somewhat between that of an apricot and a guava. Early Americans used it to make jelly. There are different species of this vine, and I read that the fruit of an immediate cousin of it has been used as one of the flavorings in Hawaiian Punch. I also see that the seeds of our maypop are roasted and eaten as a snack in Puerto Rico.
Returning to the flowers…. Passion flowers were named after the passion (latin Passio translates to “suffering”) of Christ. In this flower, many have found the symbols of the cross, the nails, the thorny crown and many others. Traditionally, the flowers were given as a charm to attract friendship and to bring peace. They were placed in homes to elicit harmony and lessen discord. I had to laugh when I read that many Southerners, in their true tradition, would batter the flowers and fry them up as fritters.

The buds, leaves and flowers of passionflower have been utilized medically by native and subsequent American peoples for centuries, mostly for their calming and sedative effects. The passionflower also holds its place in the modern world. A number of bedtime tea blends contain passionflower herb, often in concert with other relaxing herbs, such as chamomile, valerian and lemon balm.
Brew up a tea, and settle into your remedy for those symptoms of insomnia, stress, ADHD, PMS, pain, anxiety– so they say. The Europeans use our passionflower components extensively in many of their herbal remedies today. As with any medicinal, herbal or otherwise, it is imperative to learn the side effects and contraindications before taking. This is especially true for pregnant and nursing women.
If you decide that you simply must add this vine to your yard, keep in mind that it does spread rapidly through underground rhizomes and by seeds. The fruit that you eagerly await may disappear rapidly, because the wildlife in your area (deer, foxes, raccoons, possums…. 28 species in all) might possibly get to them first.


The leaves are especially favored by silver-dappled Gulf fritillary butterflies (sometimes called “passion butterflies:), the beautiful zebra longwing butterflies, and a few other others who count on the passionflower vine as their host plant.
You may even get a troupe of young girls picking the flowers to make pretend-ballerinas, or mischievous boys popping their fruits on the ground, or throwing them at each other like so many hand grenades. You just never know.
__________________
Contributor Burt Glover became an accidental naturalist during his earliest childhood days exploring the dirt roads, backyards, polo field and barns of the Magnolia-Knox-Mead neighborhood of 1950s Aiken. Birds are his first love, and he can identify an impressive range by song alone. He asserts that he is an observer, not an expert, on the topics of his writings, which range from birds, box turtles, frogs and foraging, to wasps, weeds, weather and beyond
by Lisa Smith
On May 10, 2023, the Aiken Corporation Board of Directors met at City Hall with Mr. Tim O’Briant, City of Aiken Economic Development Director and Mr. K.J. Jacobs of McMillan, Pazdan, Smith, (MPS) out of Greenville, SC, who was present on the big screen via a Zoom call. Mr. Jacobs is the Lead Architect conducting the $250,000 taxpayer funded feasibility study on the proposed Savannah River National Laboratory’s (SRNL) downtown Aiken building project. The Aiken Corporation is the private non-governmental non-profit corporation directed by Aurthur “Buzz” Rich, which received the $250,000 from City Council to administer the study.
Mr. Jacobs, a well-spoken professional, began his Zoom presentation by reviewing the progress to date. The timeline of events presented at the public meeting he conducted in February, estimated the feasibility study would be completed within 10 weeks (May). The current estimate is that it will be completed by August, which if done, doubles the original time estimate. The original MPS timeline also included public meeting #2 and #3 to be held in May, just before and after their final report was due. Because of research done and published in previous Aiken Chronicles’ articles (links to relevant articles below) we know that this concept has been in closed door discussions for at least eight months. To date there has been one public meeting. The next public meeting is now set tentatively for August when all of the work, and “internal meetings” will be completed. With Mr. O’Briant’s assistance, Mr. Jacobs went on to update the Aiken Corporation on the current status of the project and what he anticipates will be happening in the future months.
This article will discuss the important issues that were brought up during the Zoom presentation and will also include a transcript of the presentation. I’ve edited the transcript, only in instances where it improves the readability, for example removing “um” and “ah”. I’ve included contact information for each person mentioned at the bottom of the page and links to other relevant articles.
Here is a summary of important points:
The following is the transcript, taken from my iPhone video of Mr. Jacobs’ Zoom presentation. Although Mr. O’Briant described this as a public meeting, and we were allowed to observe without commenting, there was no public notice given of the meeting. The next Aiken Corporation Board Meeting will be at 10:00 am on June 14, 2023, at City Hall. There is also no public notice of that meeting.
KJ: How are you all?
Tim: We’re better now that IT, is ah, figured out how to turn everything on.
Alright, so, KJ this is our public meeting with the Aiken Corporation we have, um, we look forward to ah, getting an update from you and, ah, hopefully in the next few months we’ll be doing that and will be following the project as we go.
KJ: Good Morning everyone. Thank you for allowing me to join virtually for those of you who don’t know I’m KJ Jacobs the principal and one of the architects that will be working with you all on the SRNL Project, so Buzz (Rich, CEO Aiken Corporation) had asked me to give you all just a quick update. It might be easier in this format just to let me go through some things and then happy to answer any questions. I’ll try to talk slowly, if you all do want to interrupt it may just be a little bit easier, given the virtual format, to let me finish and then go through some Q and A.
Just real quick, I want to start at the beginning, when we were engaged we held a public listening session back in February to allow folks, you all know, if you remember at the time, we had really just started the project, uh, knew almost nothing other than we wanted to have this partnership with SRNL come together, so we had a good session with public folks, of course everyone was very eager for more information, which we just didn’t have at the time, so that happened in February. We followed that up with a kickoff meeting and a series of programing sessions to get everybody together and moving forward on the project and to take individual stakeholders and have conversations about their perspective on the project and for SRNL in particular what their specific space needs were. And that was, and that is, to work towards what we call a space needs program. What space needs to be in the building. So, we want to get all of that on paper and spread sheet form before everyone goes off and starts designing, so that we can make sure is kind of in alignment with what we all say that we need and of course that needs to get in alignment with the budget as well.
So, we held those initial programming sessions with those stakeholders, I believe that was in March that we did that. The folks that we involved were the Savannah River National Lab folks, there were maybe two handfuls of folks from that group that were involved, the City folks were involved, in that we had Aiken Tech, USC Aiken and Aiken County Public Schools also in and really from those three, I want to make sure that we separate SRNL has a university consortium that is a group of universities that they work with as part of their world, in addition, separate but related, Aiken Tech, USC Aiken, and Aiken County Public Schools we view as stakeholders from a teacher ah training and pipeline and development aspect from a student pipeline aspect so we wanted to kind of hear their perspective and really the focus of that conversation was more around kind of what we envisioned as a ground floor, more public space that, you know depending on who you talk to, could kind of be a little bit like a conference center.
The National Lab folks have a thing that they call “postering sessions” which are where folks that are developing ideas and doing research basically summarize and present those findings. Ah, but just kind of a flexible space on the ground floor, so wanted to kind of understand, you know, did the school district think that there would be value in that? Did Aiken Tech think that? Did USC Aiken? So had all of those folks in to just to kind of get their high-level input, then we dug in with the national lab folks and went through a fairly detailed programming process.
A preliminary early programming as happens every single time I’ve ever done this in my career, that space is, the number at the bottom the total square footage is bigger than we think the budget can possibly stand. So, we went back through and kind of just put a critical eye on it and just kind of thought it through in that context and have arrived at kind of a version two of that program and, at a high level, and before I even say what it is, the program has not yet been reconciled with the budget, that’s one of our next steps that I’ll talk about. The program as it currently sits is about 45,000 sq ft in very rough terms, it’s about two thirds what I’ll call dedicated national lab space so their office space, their conference rooms, their support space, that are really are not for public consumption and then the remaining third, or about 15,000 sq ft, we’ve envisioned as a ground floor, you know more kind of conferencing meeting exhibit kind of space which I’ve described a second ago. So, that that program sits at about 45,000 sq ft. We are currently, in fact I have an email from the lab, the folks needing it from the lab side, we are currently taking another, I’ll say cut at that, just to make sure that we’re, um, just really getting it as efficient as possible. A lot of it really hinges on how the lab, they’re really just beginning to think through how they are going to use the space. As you might imagine many people out um you know, behind the fence, are pretty excited about being downtown so for example human resources, you know they kind of imagined everybody from HR coming downtown but they still have to have HR folks out there. So, the lab folks are working through just kind of operationally what it would mean for them to have this different than what they have done in the past. They’re working on that. We are communicating with Sharon Marra, who’s leading that process and expect to kind of refine that program another time. I don’t know that it’s going to go down in square footage, but I think we’ll have a better understanding of what the group collectively thinks what those needs are. I should probably pause there and see if you all have questions about that.
Board Member: Does the 45,000 include common area percentage, elevator, stairs and all of that?
KJ: Yes sir, great question, the sq footage I’ll talk about are what we call grossed up and yes, that includes essentially how big the building will need to be, so if we could just go build it today the total sq footage would be about 45,000 sq ft.
Board Member: Thank you.
KJ: Yup, that’s a great question thank you for clarifying that. And I’ll talk in a minute about what the next steps are for that, so if we’re clear on that, I’ll just keep moving. A little bit of a side bar, but I think probably related and of interest to this group, if you all aren’t aware the Design Review Board for the City of Aiken, so part of our initial engagement with you all was to bring Glenn Keyes, the historical preservation architect out of Charleston to kind of have him on our team, to kind of help make sure that we’re being, ah, contextually as sensitive as we can be with this building, the building that we’re here to talk about.
Related to that of course in everyone’s mind, although separate for us, is the Hotel Aiken itself. The DRB, itself, asked that we help put together a proposal to help them understand what it would take to stabilize that building. And again, that’s a completely separate engagement but I think just for this groups understanding information, and I don’t want to put words in the City’s mouth, but I think… make some good faith efforts to keep the hotel from deteriorating further while the whole process of what happens next on that sight was to take place, so we can put together a stabilization plan. I’ll skip the details of it, it is essentially a series of short term, relatively minimal investments to keep the building from decaying further. It is not structurally unsound, it is not structurally unsound, there have, I think there’ve been shingles and a few random things that might be on the ground that alarmed people. The structural engineer has reviewed it and we’ve got a plan in place to do that so if there’s time, if you’re interested, I’m happy to talk more about that but it really is a separate occasion from what we’re talking about.
Also, related but separate, as I think you all know, Cranston Engineering was engaged to work on the design of the parking deck next to the municipal building. I think the initial pass at that had a bit of a hiccup. We have now been engaged by Cranston to help with that design process. We have the proposal for our whole team including Cranston, we would be working for the city and that proposal I think is in being reviewed. Of course, that parking need is related to this project but again separate project, but I just wanted you all to know all of the relationships and that that was happening. So, we anticipate moving forward on that and helping with that design process, again we’ll have Glenn Keyes involved, so that we kind of have belt and suspenders in trying to design something that is as contextually appropriate, you know, as a two hundred person, um, you know, two hundred car parking garage can be. Any thoughts, questions there?
Board Member: …the retail strip between Bee Lane and Newberry
KJ: Yep, good question, my next point was going to be, part of the, hotel stabilization process was to do a laser scan of the existing conditions of both the hotel and those retail buildings, and the purpose of that was twofold. One for the city, when that RFQ is issued for the city to have good documentation of what, and when I say good documentation, I mean just drawings of what’s there, floor plans and elevations to share that with developers, so that you can eliminate some of the unknowns in battle. It’s pretty valuable, so we’ve done a laser scan of the Hotel Aiken, so we’ve got that documented. We also scanned all of the retail buildings, Warneke, around, and have those now documented, what the existing conditions are, floor plans, reflected ceiling plans and exterior elevations. So, we now have that in hand so that we know, when we get to look at the site, again, I’m going to say even to you all, in a smaller group, to us it is not a foregone conclusion that almost anything gets torn down as a part of this process. I think, the motel, we all agree is probably going to go, but beyond that we don’t yet know what our opinion is as far as which buildings or portions of buildings, but we now have that information scanned and, in the computer, and assessable to us, so that we, now know what we’re dealing with.
Tim O’Briant: And to that end, just, a, we, we got that information last week, um, on both the hotel and the retail strip, and, having worked on these buildings and these projects for the last, forever, um, this process was not inexpensive but to have actual almost blueprint quality, um, drawings, ah, after a two day visit and process of lasering those drawings, it’s pretty powerful data, so it’s gonna be helpful.
KJ: And you all make a very good investment in that. I looked at it last night and its very good information both for the hotel and the retail. The question about the retail building reminds me, the building program, the 45,000sq ft that I referred to a minute ago, that does not currently include any new, any space in a new building for any retail of any kind. We’ve all said that if we displace anyone with demolition its understood that that will be, of course they will be relocated appropriately but the building program does not include space currently for any kind of shell retail space or space for the cleaners or Taj Aiken, which are the two that we all talk about
Board Member: KJ, that scan, is it like Manafort, is that the company for like 3D or 2D?
KJ: Um, I’m gonna be honest, I don’t know who did it. We’ve done a bunch of laser scans in the past, it’s better than anything I’ve ever seen.
Board Member:
KJ: um, ya, happy to share, I think you already have it, but there are PDFs of floor plans and elevations, but I don’t know who the software company was.
Tim O’Briant: Um, not to split hairs, but KJ, what you just said is true the new program space needs doesn’t include any retail footprint, but the overall site that we’re studying does include, um, the retail aspects, specifically that’s why we had laser scans of the retail strip, to, to, ah, examine how best to accommodate the displaced retail within those existing buildings and it’s important because there are some things that have been out there, ah, for the Aiken Corporation and the public to know that there is currently no intent to incorporate the new and the old together as one building, we think that whatever is there will likely remain as separate edifices.
KJ: Based on what I know today, I would agree that that’s the likely outcome of it, yes. Just a couple of other things before I throw out what’s next, and I know we are all interested in money, costs, we are developing, um, we’ve got a tool, that we’ve developed over the years, what I call a total project cost model which is a frightening long list of things that cost money on a project. What we’ve found is it’s really best in an environment like this, this is a complex project, its best to identify all of the things that might cost money. We’ve already assigned an essential value that we need to validate over time, for each of those, the other piece of that is, of course, that we all understand who’s responsible for what. Some things are more obvious than others, the core and shell of the new building is part of the $20,000,000 grant. If we were need to, get, for example, natural gas from across the street over to the site, who pays for that? Those are the kinds of interfaces and interactions that we need to make sure we’ve got on paper and are beginning to talk to. So, we’ve actually got two cost scenarios we’re running at the moment, and then we’ll be sharing back with your leadership, what those look like.
Again, the goal there is to start to reconcile space needs program with budget and then once we think we’re aligned there, we are quickly going to move to site planning and beginning to study the actual site, so that initial site planning exercise with all of those laser scans is going to be tremendously useful. So, we’ll start to site plan, create a few options for where the building might go and to do some rudimentary blocking and stacking, we call it, to begin to show how the program might stack up on the site. Literally four by four, and of course we’re all interested in the massing of that building, where it sits on the site and what it looks like relative to its neighbors. So, those are sort of the immediate next steps that we’re all incredibly anxious to get to. We just need to get some of this stuff behind us before that….(once) we understand the massing of the building downtown, we believe, we would be comfortable and ready to go before the public, give them an update, show them what we’ve done, um, and, and, you know, of course, have folks kind of poke holes in it and ask questions and present their ideas.
Board Member: KJ, will the retail be done first on Richland Ave or is it all together all at once?
KJ: I don’t think we know enough to answer that question. I think the way I’d answer it is that however we do it we will not disrupt the business operations of any retail persons that are affected, and I just don’t know yet, I mean I’ve been the one wanting to look at it, I mean I just don’t know yet who might be impacted, what that might look like. I think it’s appropriate to have said out loud Warneke could be affected, Taj could be affected. You know, I think we’d probably love to affect fewer people than more, so that’s kind of one of our internal goals, but we need to look at, you know, if the building needs to be in a certain spot and somebody needs to move then that’s just part of that design option. So, I think when we get to site planning options, you all, we’ll be able to talk as a group about what are the pros and cons of each.
Board Member: Well, it seems to me Warnekes, ah, when we put a……. keep Warneke’s where it’s at and Warnekes supposed to move into the retail from what I understand, so seems to me like that needs to be thought out….
KJ: Ah, I do understand your question, um, we have not been working under the assumption that Warnekes, that Warneke, would definitely have a new space and that it would definitely be within the footprint of the building. If that is the direction then we can certainly incorporate that, but we have not yet. We do not have to demolish Warneke to put a 45,000 sq ft building on that site, I can say that. Now, it may not be where we want it to be or look like we want it to be, but that is not an absolute given, from my perspective. But I think we need to be clear about what you just said.
Board Member: KJ, is that possible given the height restrictions, to build a 45,000 sq ft building on that site without touching Warneke?
KJ: We’ve got a very rudimentary, some boxes that are 15,000 sq ft, which is 45,000 divided by three, and, yes, I mean it’s an urban site, um, but, ya, I think it’s possible to, to not, again, I don’t think its 100% foregone that we have to get rid of Warneke.
Tim O’Briant: Ha, Ha, KJ’s not going to be nailed down until he’s ready to be nailed down.
KJ: You all this is, I, Tim you’re right, I mean really, I’m not trying to be evasive, I want to be very careful we don’t want to make any commitments to anybody that we can’t keep, right, and we just, we’ve not drawn it up. I think, you know, once we’ve got some site plan options I think we can all look at it and go, you know what, Warneke just needs to be relocated or you know what, we don’t have to, it’s just still a little bit too early in that to tell and I just don’t want to make commitments to you all that we can’t keep.
Tim O’Briant: Well that’s part of the professional wisdom that we asked you to bring to the process, because us non-architects can make some assumptions based on what we think the measurements, um, on a computer screen, with Google, um, but you know a bit more about it, so, no, I don’t want you to commit to any course until, like you say, there are a lot of questions and, ah, so far we’re developing very slowly answers, so.
KJ: OK, you all, I’ll give you a great example, we now have a site survey, that shows all of the utilities, or what we think are all of the utilities, even just the locations of existing utilities and trying to be moving, you all know, moving transformers, moving electrical services is incredibly expensive. The existing utilities that are in the ground are a huge constraint that we need to make sure that we’re working around so, you can plop a 15,000sq ft box somewhere but if there are six transformers sitting there you might want to look somewhere else. So, we just aren’t there yet, but again that’s top of mind for us as we start to study the site now.
Tim O’Briant: And, to, just to, it pays to remind ourselves where the process is here once in a while and before the Aiken Corporation is undertaking predevelopment exploration, they’ve engage, you’ve engaged, a, McMillian Pazdan Smith and KJ, much like the AMENTUM model the Aiken Corporation will present, the results of the predevelopment to the City, because this would be a City project, not the Aiken Corporation, won’t be building a building, just to make that clear, uh, you will do all of this further exploration and ask the tough questions, with your advisors and then bring some recommendations back to City Council. City Council would then undertake that project, get it out, get it completed, and then if we did follow the AMENTUM model, there could be a role for the Aiken Corporation in managing that facility after it is constructed. So, just kind of, history can be instructive there as a successful former example of the AMENTUM building.
KJ: Any other questions for me? I’m afraid I’ve gone over your time I’m sorry… We’re all ears, um, yes ma’am.
Board Member, Martha Lockhart: I wonder if it, can you give us a rough idea of how high a three-story building would end up being?
KJ: Yes, we’re working with a height restriction, we would, I forget what that number is, but we would have to be within that height restriction
Tim O’Briant: It’s 55’
KJ: So, let me do some quick math, I’m sorry I wasn’t ready for that question with the answer. I mean, I think, 50ish feet is a three story, I mean a typical three-story building, again, for efficiency and economy you want that to be rectangular in form. The more the rectangle turns into a crazy shape, the more expensive it gets, but it, were not assuming that it is a three-story rectangular prism on the site, I mean, I think there are site opportunities and constraints. There’s the pedestrian view and experience of right of way that may alter what that looks like, but the bulk of the building, as far as we know, is going to be a three story, kind of a traditional office building scale.
Board Member: Question on the lobby area which we had for USC Aiken, Schools and Aiken Tech um, that, that…. what about security required by the lab? Will security have a boundary space or separate, just a question for you.
KJ: Great question, we are already thinking about that. I think the ideal scenario, the way that I described it where 2/3 or two floors would be the National Lab space and 1/3 the ground floor would be what we’re just calling public, which isn’t necessarily wide open to the public seven days a week. The Lab obviously has a need to segregate themselves from, a lot of the work that they do, behind access control, it could be on the first floor, some of that could be on the first floor, more ideally and naturally it will be on an upper floor so that you can, sort of, take an elevator bank and restrict access there, sort of leisure controlled access, um, they would still be using spaces downstairs, for their public engagements. Their university consortium, their outreach to students, their postering sessions, their recruiting for their own employees. They would still be using that space, it would just be less secure things that they will be doing down there, so any, you know, the computational, the computer folks HR folks would likely be upstairs, and so we’ll handle access control that way.
Tim O’Briant: Um, so, wherever…is for USC Aiken, Aiken Tech and the school district to have some physical space set aside for their programs within the building in cooperation with the Lab.
Board Member: From a practical standpoint heat and air will be zoned…I guess I’m wondering if you have separate space, heat and air, who will be paying the utility bills if it’s used by somebody else other than the lab? That’s getting it down in the weeds, but, if you’re managing the building, you really got to…
KJ: That’s a great question, I’ll leave the lease negotiations terms to you all. I think we’ll be approaching it as if it’s a multi-tenant building, with the ability to have the Lab, it wouldn’t be, you know, the HVAC systems would all be integrated but there would be no difference than an office building with separate tenants. You’d be able to meter or control and understand those costs and allocate them appropriately. We’re of course not a part of the whole structure of the deal and how costs are being appropriated between folks, but the building would be treated like a multi-tenant….
We’d like, in the next 4-6 weeks to be in a position where, internally, meaning internal to those of us in the room, that we’ve got that study kind of wrapped up. What we told the public is that we would share that with them and then kind of have a meeting with them to allow folks to provide feedback. I would think that would probably be beyond that 6 week so, you know, maybe in the next month or so we might be able to set a date for that public meeting, that might then be another month or six weeks out. We’ve probably got 4-6 weeks’ worth of work collectively to try to finalize the program, make sure we’re good understanding costs and then, do some quick site studying, so we’ve got some good graphics. I think, everyone (chuckle) you all included all are really hungry for understanding what the physical building is going to be like downtown. There’s just some leg work we’ve got to do to get to a point where we’re comfortable with all of that.
Tim O’Briant: KJ, not, not intended as a trip to the woodshed, or anywhere else, but, ah, we are behind, I say we. The initial schedule that MPS put up on the screen at the initial meeting and I just want to acknowledge that we, understand that we’re behind the schedule and, and we’re updating that schedule.
KJ: Yes, sir, and we, I, acknowledge that as well. I think what we want to talk about is, what I don’t want to do is set a date a month or six weeks out for the public before we know we can collectively commit to it. So, what I’d like to do is just, is let’s help manage that expectation and communication so that here in the next few weeks we can establish that kind of end date for it. Again, I think finalizing the program and getting a little more comfort on how the budgets going to shape out will go a long way. We’ve got some work to do but once we think we’re good on program and budget.
Tim O’Briant: So, the best way to say it, or one of the best ways to say it is we need to take the time to – all together now- Do it Right. (All of the board chuckles)
KJ: Yes, but, Tim, I appreciate you pointing out that we’re late. What we don’t want to do is set expectations with the public and, in a way, we’ve done that, where we’ve said we’ll be back here soon and we’re not yet back. So, we can talk about what that communication looks like, I’m comfortable with us communicating, you know that some …..End of video recording.
If you have questions or concerns, please contact:
Mr. KJ Jacobs, Principal and Director, McMillan Pazdan Smith PKJJacobs@mcmillanpazdansmith.com 864-978-4399 or 864-242-2033
Ms. Sharon Marra, Deputy Director of Operations SRNL, no email address available, snail mail address: SRNL SRS, Aiken, SC 29808, 803-725-6211
Mr. Tim O’Briant, City of Aiken Economic Development Director tobriant@cityofaikensc.gov 803-502-4997
Mr. Glenn Keyes, Glenn Keyes Architects gk@glennkeyesarchitects.com 843-722-4100
Other related Aiken Chronicle articles:
Three Missing Pages covers the Aiken Corporation contract with the City of Aiken
Project Labscalis Annual Operating Costs covers the total estimated costs for demolition and site prep, construction, and annual maintenance costs for the proposed SRNL building.
Off-Site Infrastructure provides the history of the lab project.
There’s a Joke in There Somewhere is about the State of the City Address where the lab announcement was made.
Structured Parking Solution for the Lab is about the connection between a proposed parking garage and the lab project.
Other related articles:
Aiken Standard 3/16/23 by M. Christian, Aiken City Council Approves Aiken Corporation Agreement Moving New Downtown Project Forward
Aiken Standard; 5/29/23; by M. Christian. Savannah River National Lab considered two other downtown Aiken sites for workforce center
The video of the February 6, 2023 Public Forum, or ‘listening session’ is available on the City’s You Tube channel. .
By Burt Glover
Over my years of observing butterflies, I’ve been puzzled by certain behaviors and aspects of butterfly life. Only recently have I set out to unravel some of the mysteries. I’ll share a few of them here.
I remember sitting on my back porch a few years back, watching a large tiger swallowtail butterfly zipping around an open area near the tops of the tall trees, his flight path a series of jagged circles traveled over the span of 20, 30, 40 minutes or longer. There were no flowers up there. What was he up to?
Turns out this behavior is related to searching for a mate. Butterflies live only two to three weeks, and their sole purpose is to find a “significant other” to carry on the species. Some males do this by patrolling, which is what I had witnessed. Other butterfly males perch. They sit for hours on a leaf, watching for passers-by. Whenever an object passes — sometimes a bird or other insect — the perching butterfly takes off in chase, trying to get a closer look. Whether by patrolling or by perching, whenever a possible mate is spotted, the male must get close enough to the possible female and capture her scent — pheromones — to assure that she is the correct species and sex.
Sometimes, this chase will end up with both butterflies seemingly dancing through the air as they check each other out. In late summer, I frequently see the beautiful, yellow sulphur butterflies engaged in this dance -– rising, falling and circling together as they travel across the landscape. For those who layer larger meanings into such things, there is Ezra Pound’s “The River Merchant’s Wife: A Letter,” a poem my sister has suggested I include in discussion of the paired yellow butterflies.
Throughout the years, I’ve noticed butterflies gathering in places I would not expect them to be — around dead animals, piles of animal poop, rotting garbage. I’ve seen them gather by seemingly hundreds on the sandy banks of a small stream. Some are even attracted to sweaty human arms. Turns out that these behaviors are related mostly to feeding. Some butterflies do not eat, relying on nutrients gained in their caterpillar phase to carry them through their life cycle. Other butterflies do eat, and they do so from a variety of sources. Flower nectar, tree sap and the juices of fallen fruit provide sugar energy, allowing them to live longer.
The unexpected sources — sweaty arms, stream banks, etc. — provide them with the minerals and/or amino acids needed for nutrition, and even for reproductive success. Many butterflies are especially attracted to, and will gather around, fermented fruits and sap. It is not known if they actually get drunk, but they are usually quite easy to walk up to and pick up after imbibing from these sources.
Another aspect I’ve wondered about is the purpose for the beautiful varieties of colors and patterns on butterfly wings. Below is a gallery of some favorite photos from my mother’s flower gardens and travels around the state. Their coloration, it turns out, serves many purposes. Most importantly, it helps them to visually identify potential mates. The most magnificent colors usually serve as warning signs to potential predators: “Don’t eat me! I taste bad, or I will make you sick!”









Eye spots on their wings, when suddenly exposed, will startle or deter predators, giving the butterfly time to quickly escape. Bright splashes of color on the rear part of the wings draw attention away from their heads. Predators snatch at these brightly colored spots; the butterflies are able to escape with only a small amount of wing missing. Many butterflies, such as the mallow-scrub hairstreak/eastern tailed blue/Miami blue (the jury’s still out) in the photo below, taken aside a salt marsh on Edisto Island, sport more subdued patterns which serve as camouflage.

I remember a newspaper article some years back about a local woman who worked downtown and had made friends with a buckeye butterfly. For weeks, it followed her about town, refusing her efforts to set it free. I have since seen Youtube videos of other such stories. Is it possible to befriend a butterfly?

Butterflies will surely flock to you if you landscape your yard with native host plants and trees that feed the caterpillars, which metamorphose into butterflies. By selecting particular species of plants, you will provide the habitat required for certain butterflies — and moths! Be prepared to to embrace the sight of half-eaten leaves as a good thing!
Of course, it goes without saying that herbicides and pesticides are to be avoided. This includes the Bacillus thuringensis, a commonly used organic pesticide that is unfortunately fatal to beneficial caterpillars. Also to be avoided are the systemic and persistent neonicotinoid pesticides that are routinely applied to the soils and plants from many commercial growers and nurseries.

In addition to food for the larva, you’ll want to provide brightly-colored and scented flowers for nectar-seeking butterflies. You may also be able to draw butterflies by placing over-ripe fruit in the yard — or on the compost heap, which is another favorite spot for butterflies. They will also be drawn to horse poop, deer urine, and other myriad animal excrements. Remember, too, those sweetly-scented white night blooming flowers such as white phlox, moonflowers, and datura, that draw moths.
Most yards will, of course, be visited by butterflies and moths with little to no effort on our part, but paying attention to what attracts them can make the difference between a random few and a dazzling diversity of wings. Too, in a world increasingly challenged for hospitable habitat for butterflies and they’re young, it’s a kindness.

Contributor Burt Glover became an accidental naturalist during his earliest childhood days exploring the dirt roads, backyards, polo field and barns of the Magnolia-Knox-Mead neighborhood of 1950s Aiken. Birds are his first love, and he can identify an impressive range by song alone. He asserts that he is an observer, not an expert, on the topics of his writings, which range from birds, box turtles, frogs and foraging, to wasps, weeds, weather and beyond.