The City of Aiken’s Project Pascalis was announced to the general public on March 17, 2021 when the Aiken Municipal Development Commission (AMDC) authorized “its chairman and the city’s development director to negotiate and execute, when the time comes, a cost-sharing agreement for ‘Project Pascalis,’ a potentially massive commercial-development venture.” (1)
In its announcement, the AMDC wrote it had “identified and recruited a well-capitalized and successful real estate investor interested in partnering and exploring one or more potential commercial development projects.” (2) AMDC officials told the Aiken Standard “a Project Pascalis plan for the public to review and critique is expected within months, after the cost-sharing agreement is finalized and the ball gets rolling;” and AMDC Director Tim O’Briant told the paper, “Transparency is key.”
Between March 16, 2021 and May 10, 2022, the AMDC held seventeen scheduled meetings during which they entered into private, Executive Session sixteen times. In total, the Commission spent just over fifty percent of its time in secret deliberations. Between March 16, 2021 and December 3, 2021, just before the first announcement of a developer, the Commission spent close to two-thirds of its meetings in secret deliberations. Prior to this, the percentage of time spent in Executive Session was just under forty.
While some meetings were held where parts of the project were discussed and debated, public input was not sought until April of this year; with the first meetings involving the entirety of the proposal being held on April 20th. At both meetings, the project presentation lasted for all but fifteen minutes of the scheduled two hours. Public input was abruptly cut off an hour later during the first meeting because of “prior engagements” of the primary developer.
The AMDC and City of Aiken never publicly announced its “well capitalized and successful investor” of 2021. We now know the investor was Weldon Wyatt, whose WTC Investments, LLC (agent: Attorney Ray Massey) had abruptly withdrawn, following months of great fanfare, from a similarly size project at the old Aiken hospital. Not surprisingly, Wyatt and his fellow investors in GAC, LLC and WTC Investments, LLC abruptly dropped out of Project Pascalis two short months later, and the cost sharing agreement was cancelled.(3)
Instead of announcing Wyatt’s second withdrawal in two years from an anticipated public-private partnership with the City of Aiken, the AMDC secretly solicited other developers, without any public notice as required by law. The Aiken Chamber of Commerce, whose President is an AMDC Commissioner, secretly took “assignment” of the seven downtown properties proposed for the project, and for which WTC Investments, LLC had a purchase and sale agreement with the property owners.
Three months later, Aiken City Council approved a $9.6 million bond issuance to finance AMDC property purchases. In early November, 2021, the AMDC finalized those purchases; and the Chamber of Commerce was reimbursed $135,000 of nonrefundable earnest deposits, just as it had reimbursed WTC’s earnest money in May when it took “assignment” of the properties.
Throughout most of 2021, the AMDC and the City of Aiken never publicly disclosed that:
Weldon Wyatt and his fellow investors were involved in Project Pascalis and were planning to demolish the Hotel Aiken and adjacent properties;
the AMDC was involved with negotiations with a second developer
the Chamber of Commerce held nearly $10 million in property while the AMDC sought funding for the properties.
That is how much “Transparency is Key” to the City of Aiken as it pertains to Project Pascalis.
As previously reported, the Aiken Municipal Development Commission (AMDC) has embarked on a $75+ million project involving the demolition and reconstruction of a substantial chunk of downtown Aiken. In pursuing this project, the AMDC has circumvented community development law (Reminder of the Day, June 20, 2022).
Now, in a remarkable development, Aiken City Council will soon attempt to amend the city’s municipal code because the AMDC’s bylaws, adopted in December 2020, are not in compliance with the city ordinance governing the commission. At issue is the fact that the AMDC has voting members (Commissioners) who may not be legally eligible to be on the Commission. If any Commissioners are not residents of the City of Aiken, and it appears at least two are not, the legitimacy of past AMDC actions is questionable.
In a nutshell, Chapter 11 of the City of Aiken’s municipal code states that AMDC voting commissioners “shall be citizens of the City of Aiken;” whereas the AMDC’s by-laws state that voting members “must have vested residential or business interests within the Commission’s jurisdictional boundaries,” which is the City of Aiken. Bylaws must comply with the law, and these do not at the present time.
Chapter 11: Aiken Municipal Development Commission
In August, 2019 Aiken City Council approved Chapter 11 of its municipal code, creating the Aiken Municipal Development Commission. While citing Title 31, Chapter 10 of SC law (1) as the governing statute for its existence, the ordinance also established residency requirements and term limits. Amended in September 2020 to add three more voting members and reclassify city councilpersons as “ex-officio” non-voting members, the ordinance reads:
The redevelopment commission established by this article shall consist of nine voting members. Nine commissioners shall be citizens of the City of Aiken who shall be appointed by city council. The three members who are appointed to replace the currently serving city council members shall serve an initial term of one year and the six appointed commissioners who are currently serving shall serve an initial term of two years. Thereafter, all commissioners shall serve for two years. The city manager will serve as an ex-officio non-voting member of the redevelopment commission.
The redevelopment commission established by this chapter shall exercise its powers within the city limits of the City of Aiken.
From Gregg Highway to Hitchcock Woods: The AMDC Strays From Its Mandate
Aiken’s municipal code has not prevented the AMDC from delving into business outside the city limits, such as a housing development on Gregg Highway.
Nor has State community development law prevented the AMDC to stray outside its authority. That law restricts the AMDC’s authority to “conservation areas” that contain at least three precursors to blight, and “blighted areas” that contain at least five elements of blight. Yet, the AMDC has participated in greenfield projects on Whiskey Road such as the new senior apartments; and in one meeting actually discussed the marketing of Hitchcock Woods, with one commissioner commenting it is “underutilized.” Fortunately, better sense prevailed and that misguided discussion about private, wild, undeveloped lands was tabled.
The “Scrivener’s Error.”
But talk pales in comparison to action, and one action undertaken by the AMDC was to draft and adopt bylaws in December 2020 that were not compliant with Chapter 11. On Monday, June 27, I asked AMDC Director Tim O’Briant “how did the AMDC adopt bylaws that do not correspond to the municipal ordinance,” specifying two discrepancies:
The residency requirement in the governing municipal code vs the residency and vested interest requirement in the by-laws; and
The two year terms in the municipal code versus the four year terms in the by-laws.
I then wrote:
Chapter 11 of the municipal code was amended once to allow for nine voting members, with three replacing councilpersons who were then reclassified as ex-officio members. Why hasn’t the ordinance been amended to reflect the bylaws? And why were bylaws adopted that contain provisions contrary to an approved ordinance?
NOTE: Click text blocks below to view larger images
From Chapter 11 of the City of Aiken municipal code
From the AMDC bylaws
Mr. O’Briant responded by email a day later, and also cc’ed the answer to the Aiken City Manager and Clerk and one daniel.plyler@smithrobinsonlaw.com.
According to the city, a “scrivener’s error” is at fault, and Aiken City Council will now consider an amendment to the law because the bylaws are noncompliant. Council will be arguing that its intent in 2019 was to include non residents with “vested business interests.” No evidence to support this “intent” was provided. The email reads, in full:
Don,
You have pointed out an error that requires correction in the Aiken City Code. Chapter 11 as approved and added in 2019, and upon which the bylaws were based, required the following.
Sec. 11-2. – Membership; terms of members. The redevelopment commission established by this article shall consist of nine members, three commissioners shall be city council members and six commissioners shall be appointed by city council. The three city council members shall serve an initial term of one year and the six appointed commissioners shall serve an initial term of two years. Thereafter, all commissioners shall serve for two years. The city manager will serve as an ex-officio non-voting member of the redevelopment commission.
As you state, in 2020 Chapter 11 was amended for the sole purpose of removing council members as non-voting ex officio members of the body and replacing them with three additional appointees to be nominated by the Commission and ratified by City Council. There was no discussion by City Council regarding the addition of a citizenship requirement as a part of that amendment, nor is there evidence of legislative intent to do so.
The bylaws state, ‘The Commission shall be composed of nine voting Commissioners who have vested residential or business interest within the Commission’s jurisdictional boundaries.’ That accurately reflects the intent of Council. The addition of the words ‘commissioners shall be citizens of the City of Aiken,’ was a scrivener’s error following the verbal motion to amend that has persisted until today.
As a corrective action, City Council will consider an amendment and correction to the published text of Section 11-2 in the near future. Thank you for calling this to our attention. As far as the terms of office go, the AMDC has been observing two-year terms as stated in the statute and just had its first expirations and election of new officers in June of 2022. The bylaws will be amended to comport with the statute and actual practice.
Regards, Tim O’Briant
If the ordinance is changed to allow non-residents to determine the fate of the City of Aiken, then every member of Aiken County should be eligible since we all have a vested interest in the business of the county seat and major medical and service center.
In response to that email, I replied with the following questions:
How many voting members are not city residents?
How legitimate are their past votes?
Where is the evidence of intent?
What constitutes a “vested business interest?” If the law is going to be changed does that not also have to be defined?
Were the bylaws reviewed by the City Attorney to insure compliance with the law?
On Friday June 24 the City of Aiken posted 45 notices of a July 5th Design Review Board (DRB) hearing involving a proposal from the Aiken Municipal Development Association (AMDC) and RPM Development Partners, LLC to demolish the buildings on six properties in downtown Aiken, SC.
On Wednesday June 29 each of the 45 notices were prominently covered with a sign stating “withdrawn.”
Photos courtesy of Michael Aiken
Substantial confusion enveloped the issue, with the Aiken Standard reporting the hearings have been “postponed.” In a Zoom meeting at noon today to discuss Project Pascalis, Standard reporter Matthew Christian repeated the assertion the meetings were postponed; saying a city spokesperson cited proximity to the holiday weekend and undefined COVID-19 concerns for the postponement.
But according to DRB legal counsel Jim Holley, there are no pending applications, meaning the demolition requests are withdrawn—at least temporarily—and must be resubmitted for any hearing to take place. In an email addressing a related issue of possible ex-parte communications involving a Board member, Holley wrote:
“Based on my understanding, there are currently no pending applications before the DRB on the downtown project. Also, there are no work sessions currently scheduled on that subject.”
Mr. Holley served honorably as legal counsel for Aiken County Council for many years and presently is advising the Design Review Board during the most contentious downtown development plan of the century.
This is “a timeline,” regarding the creation, promotion, and stealth of the $100 million dollar plus downtown Aiken demolition and redevelopment endeavor known as Project Pascalis from February 2019 through June 2022.
It is not “the timeline.” Due to the City of Aiken’s continued secrecy surrounding key aspects of Project Pascalis, gaps in knowledge remain. For example, the city still refuses to release its full May 2021 solicitation for a Request for Proposals.
Therefore, it is unknown whether any option to renovate the Hotel Aiken was offered to prospective developers; although the evidence to date strongly suggests the only option was demolition. The importance of this key issue cannot be overstated: if the solicitation dictated what the city wanted, then Project Pascalis is a homegrown project and its developers are mere contractors undertaking the wishes of its client.
February 2019
February 1: : Weldon and Tom Wyatt of “Wyatt Development” (which was dissolved in 2013) meets with Aiken Mayor Rick Osbon to discuss his $1.1 million offer to Aiken County to purchase the 9.3 acre “old hospital” and county administrative building property at 828 Richland Avenue, E. for $1.1 million
February 5: Mayor Osbon sends letter to Aiken County Chairman Gary Bunker describing his meeting with Wyatt executives and expressing his support for their vision for the old hospital property.
February 19: WTC Investments, LLC is registered as doing business in South Carolina with the Secretary of State. Attorney Ray Massey is the listed agent. (Unknown: presence of absence of Mr. Massey at February 1 meeting with Mayor.)
April 2019
April 16: WTC Investments, LLC enters into a purchase and sale agreement (PSA) with Aiken County to purchase the “old hospital” property at 828 Richland Avenue, E. for $1.1 million dollars.
WTC manager Tom Wyatt, son of Weldon Wyatt, announces plan to demolish existing historic structures and construct a new hotel, apartment complex, conference center, and parking garage.
August 2019
Ordinance establishing the Aiken Municipal Development Commission (AMDC) passed by Aiken City Council and governed by South Carolina Community Development Law. Citizens told Commission will enable increased public input and participation in planning process.
November 2019:
Aiken City Council passes rezoning ordinance approving the Wyatts’ concept plan for the old hospital/County complex site.
January 2020
January 12: WTC Attorney Ray Massey informs Aiken County officials they are withdrawing from the old hospital purchase contract.
May 2020
May 26, 2020 First meeting of the AMDC. Commissioners receive tutorials on the Freedom of Information Act, Ethics, and South Carolina Community Development Law. (In the next twenty four months the Commission, always meeting at 3:30 pm, would enter into closed executive sessions forty percent of their meeting time. During the Pascalis planning and negotiations this figure increased to more than sixty percent.)
July 2020
July 15: The Aiken Municipal Development Commission submits a “Redevelopment Plan for Downtown Aiken” to the City of Aiken. The plan does not include properties on Newberry Street currently inhabited by Newberry Hall and Warneke Cleaners. No public hearing is held by the Commission as required by community development law.
August 2020
August 31. Attorney General Alan Wilson announces a $600 million dollar settlement to more than four years of litigation with the Department of Energy regarding storage of surplus nuclear weapons plutonium at the Savannah River Site. Wilson states that after attorney fees of $75 million, $525 million remains for the legislature to allocate.
August 2020. Aiken City Council approves first reading of the downtown redevelopment plan.
September 2020
September 14: Aiken City Council amends the AMDC ordinance, replacing three City Council members with three new voting members, and reclassifying council members as ex-officio. Chamber of Commerce President J. David Jameson, former city councilperson Philip Merry, and Second Baptist Church pastor Douglas Slaughter are added as voting commissioners.
Second reading of minor redevelopment plan passes.
September 2020 to December 2020: AMDC discusses plutonium funding lobbying efforts. A letter requesting $30 million for redevelopment purposes is sent to the legislative delegation and other officials.
January 2021.
January 4: WTC Investments, LLC dissolves.
Unknown date in early 2021: WTC Investments, LLC signs contract to purchase Hotel Aiken, and the adjacent motel, 106 Laurens Street, the former Johnson Drug Store, and Warneke Cleaners from Shah Investments and other Shah family holdings.
March 2021:
March 15: Royal J. Robbins and Garnett Family Holdings sell 210 The Alley to Aiken Alley Holdings LLC for $2,025,000. Ray Massey is agent for Aiken Holdings LLC. (This property was adjacent to the original Project Pascalis footprint, but is now within it).
March 18, 2021: AMDC first announces the existence of Project Pascalis. City of Aiken Development Director Tim O’Briant tells the Aiken Standard “Transparency is key” and promises more pubic information within a few months. (Although details are not released, even the initial plan was to demolish Hotel Aiken and surrounding properties and construct a new hotel, apartments, parking garage, and conference center complex similar to that originally proposed at 828 Richland Ave. E, the old hospital).
O’Briant and Chair Keith Wood authorized by the Commission to execute an agreement with an unnamed, “experienced and well-capitalized” private developer that was “recruited and identified” by the AMDC. (public learns in 2022 that developer was Weldon Wyatt’s GAC LLC; and only in the November 4, 2021 meeting minutes is it revealed that WTC, Investments, LLC was involved with property purchases).
April 2021
April 13: Aiken Standard reports AMDC meeting behind closed doors to discuss Project Pascalis, indicating it involves downtown properties.
April 15: WTC Investments, LLC signs purchase and sale agreement with Newberry Hall property owner Myrtle Anderson to buy the property for $2 million. Modified lease agreement provides Newberry Hall business operators options to negotiate repurchase the new building, operate the new conference center, and receive compensation for lost income during construction stages.
Vampire Penguin opens for business at 106 Laurens Street, while planning to demolish the building proceeds in secrecy.
May 2021:
May 5: WTC Investments, LLC re-registered to do business in South Carolina. Agent: Attorney Ray Massey.
May ?? 2021. WTC Investments, LLC withdraws from its contracts to purchase downtown properties. The Chamber of Commerce takes “assignment” of the property contracts while the AMDC seeks funding to purchase them on behalf of the city. This all occurs behind closed doors.
May 19, 2021. The AMDC sends solicitations for Requests for Proposals to continue the new hotel/apartments/garage/conference center project to select developers. In the solicitation, the AMDC offers to privatize a part of Newberry Street. (The entire solicitation remains secret to this day, withheld under a FOIA exemption by the City of Aiken, despite fact that FOIA clearly states the city “may” release the documents. The AMDC does not deny the solicitation is only for demolition, not renovation of Hotel Aiken and surrounding properties.)
June 2021
June 8: Longtime State Farm agent Joseph Harrison sells his office property at 121 Newberry Street SW—adjacent to Newberry Hall—to Aiken Alley Holdings LLC (Ray Massey, agent) for $675,000.
July 2021:
July 12, 2021. AMDC Chair Keith Wood sends letter requesting $10 million in city funds from Aiken City Council to purchase “Parkway area properties” between Morgan and Williamsburg Street.
August 2021
August 25: City of Aiken approves $10 million in funding for the AMDC to purchase properties in the “Parkway District” bounded by Morgan Street, Hampton Avenue, Park Avenue, and Beaufort Street. Exact properties remain unspecified.
September 2021
September 20, 2021: AMDC announces it will conduct a fact finding trip to review the redevelopment of downtown Florence.
September , 2021: AMDC and several officials, joined by Attorney Ray Massey and representatives of Rainesco hold a “public meeting “ at a Florence restaurant. Meeting minutes are noticeably short.
October 2021
October , 2021. RPM Development Partners, LLC registers with the SC Secretary of State. Agent: Ray Massey. Key Players: Rainesco and Lat Purser (RPM likely to represent Raines, Purser, and Massey). Story not reported.
October , 2021: City of Aiken signs contract with Attorney Gary Pope for assistance with legal counsel. (This agreement cited in May 2021 as evidence of City Attorney Gary Smith’s “recusal” from all things Pascalis, but no such recusal is in document).
November 2021
November 5: In an Aiken Standard article, Development Director O’Briant again emphasized the need for transparency, and stated the AMDC would soon have a website to share information.
November 6: Project Pascalis is discussed at a Design Review Board meeting. Responding to a question about the future of Hotel Aiken, City Manager Stuart Bedenbaugh states a decision is still pending.
November 9: AMDC announces the purchase of several downtown properties for a total of $9.5 million, including Newberry Hall and Warneke Cleaners. The information is shared on the AMDC’s website, aikenmdc.org:
Aiken Standard fails to report involvement of the Chamber of Commerce.
According to County Records and the AMDC report, the purchases were:
106 Laurens St SW for $1 Million from Shah Enterprises.
235 Richland Ave (Hotel Aiken) and 112 Bee Lane/219 Richland Ave (The motel portion of Hotel Aiken) for $4.25 million from Historic Hospitality LLC (which had “purchased” the hotel in 2017 from Shah Enterprises for $5).
211 Richland Ave West, 203 Richland Ave West, and 113 Newberry Street (Warneke Cleaners) for $2.25 million from S & N Hospitality LLC (which had purchased the properties in 2018 for $ 1 million from Myrtle Anderson).
111 Newberry Street (Newberry Hall) for $2 million from Myrtle Anderson.
December 2021
December 3, 2021. RPM Development Partners announced as Project Pascalis developer. Purchase and Sale agreement made between RPM . Aiken Standard reports that AMDC owned properties scheduled to be “razed.” (Document released in April 2021 shows that one developer rejected in part for only offering $1 million for Hotel Aiken).
December 13 and 20; 2021. AMDC advertises for Requests for Proposals for Project Pascalis, as required by community development law, but after choosing a developer.
December 26-December 31: At the urging of the AMDC, Rainesco CEO Grey Raines hosts five private meetings organized by Aiken Chamber of Commerce President and AMDC Commissioner J. David Jameson. AMDC Director Tim O’Briant attends every meeting with Commissioner Jameston. (City of Aiken denies the meetings qualify under Open Meetings clause of FOIA).
January 2022
January 4: : Rainesco engineers conduct structural assessment of Hotel Aiken, even though decision to demolish building was made behind closed doors in early 2021.
January 22: Aiken Standard reports that “CTR, LLC, a group of local investors led by attorney Ray Massey, has offered $800,000” for two city-owned properties: the east half of the 214 Park Avenue municipal building and the parking lot across from the Hotel Aiken. Council meets in Executive Session to discuss the offer, no results are reported. Attorney Massey’s law partner, City Attorney Gary Smith, does not recuse himself from the proceedings.
February 2022
Feburary 17: DRB tours Hotel Aiken during a “special work session.”
March 2022
March 1: DRB approves demolition of Hotel Aiken and 106 Laurens Street by a vote of 6-1. Vice-Chair Lucy Knowles casts sole dissenting vote. (Councilperson Andrea Gregory withdraws support for Ms. Knowles within a month of the vote, and nominates non-resident Laura Blessing to the Board to replace Ms. Knowles at the end of her term).
March 28: Ten months after AMDC offered part of Newberry Street to interested developers, Aiken City Council conducts first public hearing (reading) of ordinance to privatize 0.6 acres of Newberry Street, in exchange for 123 Newberry St. SW and parking area behind 210 The Alley. Council unanimously approves first reading of ordinance despite nearly 100 percent of comments being against the proposal. City Attorney Gary Smith acts in usual parliamentarian role.
April 2022
April 15: Aiken Standard reports unilateral AMDC decision to repurpose soon to be vacated 214 Park Avenue municipal building into the new conference center. Tim O’Briant credits DRB Chairman McDonald Law with the suggestion. (Mr. Law later denies this was an “ex-parte” communication that violates FOIA Open Meetings law). Aiken County Chair Gary Bunker expresses concern about stalled negotiations with city to utilize the building for office space for county judicial functions.
April 20: AMDC holds first public meetings to discuss entirety of Project Pascalis. RPM Development Partners, LLC and City contractors devote 85% of the scheduled meeting time to presentations before accepting a single comment or question. Public comments at the first meeting is suspended after an hour due to “prior engagements” of Raines representatives. Two AMDC Commissioners, Keith Wood and Chris Verenes, speak in favor of the project without disclosing their affiliation.
Attorney Gary Pope sits at a city meeting for the first time, in place of City Attorney Gary Smith. Mr. Pope offers the information that Mr. Smith called him at “an early point in the project” to recused himself; but provides no date. (No written recusal documentation is offered in response to subsequent FOIA requests).
May 2022
May 9: Aiken City Council votes 6-1 on second reading 6-1 to approve Newberry StreetOrdinance, with councilperson Ed Woltz the lone dissenting vote. Among other falsehoods, Councilperson Kay Brohl supports her yes vote by describing The Alley as an unlively place prior to the city’s 2016 renovation. AMDC Commissioner Philip Merry speaks in favor of the proposal without revealing his affiliation. Attorney Gary Pope sits in place of City Attorney Gary Smith.
May 10: Lawsuit filed by area resident and Aiken property owner Drew Johnson documenting conflict of interest violations by City Attorney Gary Smith due to the role of his law partner Ray Massey in Project Pascalis. (In subsequent response, defendants do not deny the allegations but call for dismissal on jurisdictional grounds).
May 11, 2022: Formation of the Do It Right! Alliance is announced, with the goal of preserving historic properties and holding city officials accountable to the law.
May 15: AMDC releases “Just the Facts…,” revealing its intent to resell city properties to developers at a discounted price.
June 2022
June 7, 2022: Aiken Downtown Development Association sponsors public “design workshop” to solicit comments on modified design of Hotel Aiken facade. AMDC Director Tim O’Briant tells WJBF News in Augusta that appraisals were unnecessary because the property is like gold.
June 21, 2022. Design Review Board holds “design workshop.” Attendees not told until beginning of the meeting of a no public comment policy. City officials summon a police offer
June 24, 2022: City of Aiken posts 45 notices announcing DRB public hearing on proposed demolition of Newberry Hall, Warneke Cleaners, Motel portion of Hotel Aiken, Johnson Drug Store, Taj Aiken Restaurant, and adjacent businesses.
June 27: Historical Aiken Foundation, which is identified as a key city partner in its strategic development plan, releases fact sheet documenting concerns that support its opposition to Project Pascalis.
AMDC is knowingly violating state law and official city planning process. Stop this Bait and Switch.
To: City of Aiken Design Review Board (rseymour@cityofaikensc.gov)
Re: Known violations of SC Community Development Law
As described previously, the City of Aiken’s Municipal Development Commission is proceeding with Project Pascalis in violation of SC Community Development Law. The AMDC and City officials are quite aware of the law governing their very existence and limitations on their powers.
Here are two examples of this knowledge:
In a June 12, 2019, City of Aiken memo from Economic Development Director Tim O’Briant to City Manager Stuart Bedenbaugh, regarding “questions posed during public comment” regarding the ordinance proposed to form the AMDC:
The first question he addressed was:
“Will the Proposed commission reduce public participation and/or reduce approval to a single public hearing?”
His answer was a clear no:
“The commission would actually add additional opportunity for public review and input. Any plan to be considered for a recommendation to City Council by the Commission would require advertisement of a public hearing 15 days prior to consideration. Once such development ..plan recommendation is passed by Commission, the project itself would move through the planning commission to determine compliance with the comprehensive plan and all zoning requirements, and the Design Review Board as required. Then, and only then, would City Council consider the project recommendations through the regular two reading, public hearing and approval process. ..”
Mr. O’Briant then cited City Ordinance 31-10-100 to support his position.
This was the correct answer.
A second example occurred at the first AMDC meeting in May 2020. According to the meeting minutes, Mr. O’Briant discussed a “very small redevelopment plan” prepared by Arnett Muldrow and Associates:
“essentially surrounding the Regions Bank Building which is now being retrofitted as the new City Hall. It includes the corner of Richland and Laurens. If this group has any thoughts about Hotel Aiken it would be appropriate to have those discussions. Whether we come up with anything or not, we can’t really get into it if we don’t have a plan that encompasses the area”
This too was the correct perspective.
So here are two concrete examples of a city official displaying full awareness of the laws governing the AMDC and the municipal code governing the City of Aiken’s public process.
Yet, here we are two years later and those laws and ordinances have knowingly not been followed:
1. There was no public hearing proceeding the two readings of the Redevelopment plan; and
2. The approved redevelopment plan has not been amended to allow for demolition, to account for business relocations, to address the partial privatization of Newberry Street, and to include the properties housing Newberry Hall and Warneke Cleaners; and
3. The planning commission step was skipped despite the fact this project has nearly doubled in size since March 2022.
These violations in the law constitute a genuine, illegal bait and switch. If the DRB acts on this demolition request, it is complicit in this illegal bait and switch.
