The October 24, 2022 Aiken City Council Meeting (7 pm) and Workshop (5 pm); Aiken City Hall, 111 Chesterfield St, SW.
Local Public Policy Update 2022-1
by Don Moniak
October 22, 2022
According to the Aiken City Council Meeting Agenda Packet for October 24, 2022:
- The second reading for the proposed Silver Bluff Road shopping center adjacent to The Village at Woodside will be postponed until November 14th at the earliest.
- Council will consider the repeal of the contentious Newberry Street privatization ordinance.
- A discussion regarding a proposal to build a multi-million dollar soccer fields complex, and lease 20-30 acres of Citizens Park to the Aiken Futbol Club will be held during the 5 p.m. workshop.
- The Aiken City Manager is providing official responses to some citizen concerns.
- Council will meet behind closed doors in executive session for the fifth time since June 13th to discuss Project Pascalis; this time to hear legal advice.
“Shopping Center” Reading Deferred, But Still a “Grocery Store.”
At the request of Woodside Plantation’s Silver Bluff Development Corporation, Aiken City Council has deferred further discussion of the proposed Shopping Center on Silver Bluff Road until November 14th at the earliest:
“Grocery Store at Village at Woodside: At the request of the developer, this item, scheduled for second reading tonight, has been continued to November 14, 2022.” (Page 84, “Issues and Updates”)
The decision was unexpected. The city had posted notices for an October 24th meeting as early as October 7th; and paid for a published notice in the Aiken Standard on October 14th and 17th.

City officials continue to defy their own zoning ordinance by calling the nearly 60,000 square foot proposed structure a “grocery store” instead of a “shopping center,” which is defined in the city’s zoning ordinance as:
“A group of at least two commercial establishments typically planned, constructed, and managed as a single entity, with on-site parking for customers and employees, and with delivery of goods separate from customer access.”
What is proposed is a “47,270 square foot specialty store and seven smaller 1400 square foot shops,” which by definition is a shopping center. No reason for the second postponement was provided by the developer; which has persisted in presenting its proposal as a small-scale development despite requiring a 339-space parking lot.
No reason was provided for the deferral. But before unanimously approving the proposal on September 26th, five council members requested that the developers not return for a second reading until after they brought forth promised conceptual drawings, and met with neighbors concerned with noise, traffic, and property value impacts. No drawings have been publicly presented and a meeting to resolve concerns was not held until October 17th—after meeting notices were posted and published.
No reason was provided for the deferral. But before unanimously approving the proposal on September 26th, five council members requested that the developers not return for a second reading until after they brought forth promised conceptual drawings, and met with neighbors concerned with noise, traffic, and property value impacts. No drawings have been publicly presented and a meeting to resolve concerns was not held until October 17th—after meeting notices were posted and published.
(Update: On November 28, 2023, City Council approved the Shopping Center after a Second Reading. Thirty days later two neighboring property owners, Edward Rahe and John Veldman, filed an appeal of Council’s decision in State Court.
Full Dislosure: Don Moniak assisted in the preparation of the appeal.)
The Repeal of a Privatization Ordinance
Less than six months after voting 6-1 to approve an ordinance allowing the privatization of a portion of Newberry Street, Aiken City Council will hold its first reading to repeal the same ordinance once deemed as central to the success of Project Pascalis. More than 2,800 registered voters in the city have signed a legal petition calling, in part, for replacement of the ordinance with one that bans any privatization efforts on Newberry Street.
The repeal ordinance states that the $100 million plus downtown demolition and redevelopment endeavor known as Project Pascalis has been terminated. This language contradicts a notarized affidavit submitted to the courts by City Manager Stuart Bedenbaugh stating the plan is “currently on hold” and only “key portions of Project Pascalis were rescinded” by the Aiken Municipal Development Commission.

The two highly contentious readings of the original ordinance held on March 28th and May 9th eventually triggered two lawsuits against the city that allege that conflicts of interest and violations of state ethics laws tainted the process.
The ordinance originally proposed to transfer ownership of 0.6145 acres of Newberry Sreet—-a 72 foot X 368 foot parcel—to Project Pascalis developer RPM Development Partners, LLC. That area in question was reduced by two-thirds by May 9th, but the plan remained to privatize part of the street and demolish much of the existing parkway, including the popular festival area.

and a vehicular drop-off occupying a portion of the the time, a vehicle space for but two-way traffic would remain.
The first concept drawings for the Pascalis project envisioned a Hotel and Conference Center at Newberry and Laurens, and a vehicular drop-off at the Hotel occupying a portion of the former street—-but with two-way traffic remaining.
The key justification for the gift of public property to a private developer was the city’s height ordinance. In a March 21, 2022, supporting memorandum, Aiken Municipal Development Commission (AMDC) Executive Director Tim O’Briant wrote:
“As the planning for Project Pascalis moved forward in its earliest stages, it was a primary goal that any redevelopment project not exceed the downtown building height limit of 55 feet. In order to accommodate that restriction while still providing sufficient space to create an economically viable project intended to provide a 100-key hotel, 100 multi -family residential units, a municipal conference center of 25,000 to 30,000 square feet, and a 400—car parking garage, providing additional horizontal area to the proposed footprint emerged as a potential solution.”
On September 29th two commissioners, Keith Wood and Chris Verenes, accused unnamed AMDC staff of deceiving them during the planning process, thus leading to violations of state Community Development laws. Tim O’Briant is one of only two listed AMDC staffers, the only staffer authorized to co-sign AMDC checks and negotiate with developers, and was the public face of Project Pascalis for nearly a year.
Though unproven, this well publicized allegation of staff deception has only been challenged by one council member. As such, the charge further undermines the original height argument for the Newberry Street ordinance. The argument that developers needed public space to accomodate the height ordinance was roundly ridiculed in public meetings. It suffered further harm with the disclosure of a May 2021 procurement document that made no mention of height issues and revealed it was the AMDC that pushed the privatization, and not the developer:
“The Aiken Municipal Development Commission holds contracts to purchase roughly 1.6 acres in the downtown and anticipates realigning the Newberry Street frontage in the project area to make an additional .5 acres available for the redevelopment.”
Citizens Park Proposed Lease and Artificial Turf
For the second time in two months, City Council will discuss a proposal for a public-private partnership with the Aiken Futbol Club. The proposal is being championed by PRT Director Jessica Campbell, who also led efforts this to raise recreation fees and close neighborhood parks.

During the referenced August 22, 2022 Council workshop, Campbell suggested a pathway to developing a “tournament worthy” soccer complex with lighted fields, additional restrooms and parking:
“She said they are looking at what they call CP3 which is about 17 acres of land. There is also land near Pine Log Road that could be used as well. Ms. Campbell stated Ms. Lester has some preliminary numbers for two fields of about$ 3. 5 million.” (Page 5, 8/22/22 Workshop Minutes)
According to the minutes, the Aiken Futbol Club has been in existence since 2017, and has organized successful, minor tournaments. The club’s Executive Director, Brad Boni, reportedly stated “if they had a dedicated soccer facility he felt they could bring a tournament to Aiken” involving up to 100 teams. Boni also stated the club has “some funds in the bank,” and some “donated land…restricted for recreational use.”
That property, donated for “tax purposes,” is a 48-acre parcel on Wire Road which, if the deed restriction were removed, “could be something (the club) could sell as commercial property or some type of development that would generate funds.” There was no discussion of rededicating the property to the City for recreational use or as an open space park in exchange for a lease arrangement at Citizens Park.
The proposal met with strong support from Council and no questions regarding the Club’s ability to financially assist the project—even though it is a matter of public record. Councilwoman Andrea Gregory even offered the prospect of artificial turf in place of the existing large grassy area:
“Councilwoman Gregory pointed out that if this is something that we believe in and something that we should proceed with, we need to consider artificial turf. In the long run it will be more economical. It will allow for more play and tournaments because grass gets worn down. It is a healthy price up front, but it pays off in the end.”

Official Response to Citizen Concerns
In his “Issues and Updates” memorandum, City Manager Stuart Bedenbaugh offered brief responses to five concerns raised by citizens during the new “public comment on nonagenda items” portion of meetings:
“a. Divesting parks-Staff will not bring that recommendation from the Master Plan to Council.
b. $ 2 fee for basketball-As has been the case since 1995, ” Fun Funds” have been available for all eligible youth which waives the fees.
c. Rescind Newberry Street ordinance-On for first reading this evening.
d . Broadcast water line flushing alerts on 4Aiken-Staff is looking at the best ways to communicate this information.
e. Old Public Safety Headquarters RFP-Council has not made a decision about the future of 251 Laurens St NW.”
Behind The Closed Door:
After meeting for 1.5 hours on October 10th to discuss legal issues pertaining to Project Pascalis, City Council will receive another round of advice:
“Specifically, City Council will receive a legal update and/or advice regarding a pending lawsuit, as well as to receive legal advice relating to Project Pascalis. “
This marks Council’s sixth closed door meeting regarding Project Pascalis since June 13, 2022. Throughout that period no council member has offered a single public comment pertaining to the project during a public meeting.
























