Aiken City Council created a new Farmers Market Committee in August 2024 to advise city staff on the its operations. The committee will consist of “registered vendors,” and only “registered vendors” are allowed to vote for the committee members. Since Aiken City Council opted not to define a “registered vendor,” City staff has since defined it as one who “has submitted an application, has been approved to sell at the market, and does so at least 18 times in 6 months.” The origin of the definition is unknown.
by Don Moniak
November 16, 2024
On August 25, 1958, the Aiken City Council passed a City Ordinance* that created a Farmers Market Commission; which gave the Commission the authority to operate a Farmers Market in the City of Aiken. The membership back then included the County Agent, the Supervisor of Aiken County, the Executive Secretary of the Chamber of Commerce, a member of City Council, a farmer who was a member of The Grange, and two residents of the City who were appointed by City Council.
The Aiken County Farmers Market has been located at Williamsburg Street and Richland Avenue since that time. The property was owned by the South Carolina Department of Transportation until October 2022, at which time ownership of the Farmers Market Parkway and right-of-way was transferred to the City of Aiken.
The Commission existed until sometime in the early 2000’s. There are no historic records of its proceedings in the City’s document repository; nor any record of it having been disbanded. At some point, City staff became the de facto supervisors of the market.
In August 2024, at the urging of staff, Aiken City Council amended the old, unenforced Farmers Market Commission Ordinance with Ordinance 08122024, thus replacing the Commission with a Farmer’s Market Committee and formally transferring operational power to city staff.
The Ordinance (Figure 1) contains one contradiction and lacks some clarity in definitions.
On the one hand, Council created a committee “to advise and regulate a farmers market in the city.” At the same time, the Committee’s authority to regulate is undermined by the provision stating that any vote on a policy matter before it is only a “recommendation to the city staff who oversee the market.” The Committee only has the power to recommend, not regulate.
The lack of clarity regards committee membership—which is composed of seven members who are tasked with meeting four times a year—and the voting powers of vendors.
The only criteria for Committee participation—including nominating, voting, and/or serving—is to be a registered vendor. The Ordinance states:
“The farmers market committee shall consist of seven members who are elected by the registered vendors of the market at the time of the election. One month prior to elections, nominations will take place. The seven members will consist of four farmers, one wholesales, one baker/other and one crafter. Terms will be one year, unless the committee member is no longer a registered vendor of the market.”
Unfortunately, the term “registered vendor” was never defined by Council.

On Tuesday, November 12, 2024, Aiken County resident and Farmers Market vendor Vicki Simons addressed City Council— during the open public comment period of its regular meeting—with concerns over the inconsistency between the actual Ordinance and its implementation as it pertains to “registered vendors.”
Her speech (viewable at the 44:00 mark) was as follows:
“Good evening, Mayor Milner and members of Aiken City Council. My name is Vicki Simons. I live north of Aiken in Aiken County. I am a 100% Grower/Producer of microgreens, who first began selling produce at the Aiken Farmers Market in 2019.
My posts on Facebook prove that I am a strong advocate of the Aiken Farmers Market and my fellow vendors, particularly those who sell healthy food.
In June of this year, I:
— expressed my support for changing the City’s ordinance regarding creating a “farmers market committee”; and
— asked what the term ‘registered’ means when it comes to vendors who can be elected to the Farmers Market Committee.
A City employee answered my question that night, in somewhat vague terms.**
Council adopted the change to the Farmers Market Committee Code this past August.
Please note that there is no detail in the Code about the criteria of a ‘registered vendor.’
Last week, I received from a City employee an email stating that nominations for the “farmers market committee” could be submitted during certain hours from November 11 – 22. In that same email, there was a paragraph that stated the following:
“Criteria: A registered vendor is a vendor who has submitted an application, has been approved to sell at the market, and does so at least 18 times in 6 months.
“Individuals elected to the committee who no longer meet the registered vendor requirement shall resign.
“Individuals not meeting the registered vendor requirement cannot vote.”
I asked the City employee from where this limitation came. No answer has come yet. I am extremely concerned that these new, undocumented “criteria” may restrict:
— Both those who can be nominated for the Farmers Market Committee;
— And those who may vote for Farmers Market Committee nominees.
Again, the criteria states that a vendor had to be approved to sell at the market ‘at least 18 times in 6 months.’
The criteria do not state which 6 months. What if the 6 months under consideration is outside the growing season?
As a year-round vendor at the Aiken Farmers Market, I know of only 3 vendors of non- egg and non-meat grown produce — other than myself — who are also there year-round. If a vendor sells only once a week, 18 times represents 18 weeks — or a time frame of about 4-1/2 months. If a farmer has a growing season that is shorter than 4-1⁄2 months, why should he/she be removed from consideration of being on the Farmers Market Committee?
Some local farmers have been doing business at the Aiken Farmers Market for many years. In my opinion, they have gained experience and knowledge that I believe must not be discounted by the additional criteria stated in the email.
I am also concerned that these new criteria may lean toward being an “ex post facto law.’ (Editor’s note: An ex post facto law is a law that retroactively changes the legal consequences or status of actions that were committed, or relationships that existed, before the enactment of the law).
Let us make sure that we abide by the irrefutable leadership law called “The Law of Navigation,” so that in charting the course for the Aiken Farmers Market Committee, we highly value local farmers.
With the Council’s permission, I can read a questionnaire* that I wrote, which I believe would provide more structure to the Aiken Farmers Market Committee nomination process than a blank canvas.
Do you have any questions?”
Following her speech, the only comment from Council came from Councilwoman Kay Brohl, who stated, in part:
“My colleagues, correct me if I am wrong but I think when we talked about this, what we wanted to be sure was to include our local farmers and not exclude them. If you are a farmer that doesn’t have irrigation, and your crop fails — like when we’ve had a month with no rain, or we had the deluge — if you have tomatoes or certain crops, you’re not going to have any, so you’re not going to be able to come and bring something to the market. So I think she makes a very valid point because our whole gist was to just make sure we included our local farmers.”
However, no other Councilmembers nor City Manager Stuart Bedenbaugh offered any followup to Ms. Brohl’s concerns.
No action was taken to address the seemingly arbitrary nature of city staff’s definition of a registered Farmers Market vendor; a definition that clearly has the potential to exclude longtime vendors whose market season might not be six months long—most notably farmers—from participation in the Committee.
Council failed to ask about the origin of the new and improvised definition of “registered vendor,” and has so far opted to allow city staff to amend an ordinance without Council approval.
Since there is no allowance for more than one election a year, the removal of two farmer representatives from the Committee could be disruptive to its proceedings; and even result in farmers temporarily moving from majority representation to minority representation—thus undermining Council’s intent in practice as well as theory.
Footnotes
*Photos of the 1980 Farmer’s Market Commission Ordinance, with reference to the 1958 Ordinance. (click to enlarge).


** The minutes for the June 10, 2024 Council meeting reflect that the “vague” answer to the question was as follows:
“Eric Gordon, Tourism Manager, stated registered is an ambiguous term. He said he was looking at this as someone who is paid to sell at the Market and is coming regularly at the Market. They pay, but they also have to be attending. He said that was his definition of registered.” (Page 14).
***The proposed questionnaire can be found here.
























