Tag Archives: AMDC

Letter to Aiken City Council: Public Meetings and Misinformation from the AMDC

Dear Aiken City Council, 

Yesterday the AMDC issued a list of “25 public meetings and hearings held on Project Pascalis over the last 24 months.” This assertion is false at worst and disingenuous at best, but that did not stop Aiken Economic Development Director Tim O’Briant from repeating this distorted reality to reporters. 

Here are just a few general ways in which this document is highly misleading: 

First, Project Pascalis was not publicly announced until March 18, 2021. Eight of the meetings occurred before this date. One of these merely involved a potential letter to the existing Hotel Aiken owners. Three others were workshops that discussed downtown development in general. 

Second, there were no conceptual designs for Project Pascalis available for public inspection prior to March 1, 2022. Sixteen of the meetings cited by the AMDC occurred prior to this time. Of the nine meetings that have occurred since the first drawings of Project Pascalis was revealed, two of them involved a narrow ordinance pertaining only to Newberry Street; and two were mere updates as part of larger meetings.  

The fact is City of Aiken agencies have held only two public meetings, both on April 20, 2022, during which the entirety of the Project Pascalis proposal was presented and discussed.  The Aiken Downtown Development Association held a public workshop on June 7th that did not include the entirety of the proposal. 

Most important is what meetings have not been held. As of May 9, Aiken City Council had not met as a group with the AMDC and its development team to review and discuss Project Pascalis. For a public body that intends to spend $20-25 million dollars of federal funds from the Plutonium Settlement on this project, this is a disturbing abdication of responsibilities. 

The City of Aiken has also not adopted a legally binding redevelopment plan nor held a public hearing to discuss one for Project Pascalis. The July 2020 “redevelopment plan” cited by the AMDC preceded Project Pascalis and bears no resemblance to it. It does not involve demolition, an apartment complex and garage at Newberry and Richland, a conference center on Park Avenue, or the forced relocation of eight to ten businesses. By law, that redevelopment plan must be amended or replaced, with subsequent public hearings on the updated product. 

https://aikenmdc.org/wp-content/uploads/2021/10/2020-08-10-redevelopment-plan-one.pdf?fbclid=IwAR1YEoBCy_H0swG4WB7kaeRtrumpUpKcyAiFPkJSDOFTT9OiriOxAkm4MDY

In fact, according to the minutes from May 16, 202 AMDC meeting, Tim O’Briant commented, quite appropriately: 

“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 that area.” 

In other words, if part of the downtown was not in the redevelopment plan, it was not a part of the redevelopment plan. Newberry Street and the Park Avenue properties were not a part of the 2020 plan. (The AECOM plan is not a legally binding redevelopment plan, it is a well-written strategic guidance plan.) 

Mayor Osbon, City Council and the City Manager should request that this highly misleading document be removed from the AMDC website. It serves no purpose other than to further inflame public opinion. In this regard, the words of Robert Stack written in a letter to the editor a week ago are even more pertinent: 

““…the Four Way Test is Rotary’s unique approach and process to address conflicts, solve problems and make decisions to achieve desired outcomes and mutually beneficial solutions. That being said, the currently proposed Pascalis project has, to date, achieved the opposite effect by not being fair to all, creating bad will, stressing long-standing friendship and not being beneficial to all.”

The City of Aiken has done better than this and can do better than this. 

Thank You, 

Donald Moniak

Did the AMDC Violate Open Meetings Laws?

The answer at this point is probably. 

According to Aiken Municipal Development Corporation (AMDC) meeting minutes, (1/11/22) Gray Raines of Project Pascalis developer Rainesco (a key player in the RPM Development Partners, LLC consortium) met with fifty-seven people over the course of two days and five separate meetings in late December, 2021 to discuss his development philosophy and pertinent experience. According to statements attributed to Aiken Economic Development Director Tim O’Briant, Rainesco likes “ to meet in small groups rather than a large public session.” 

Aiken Standard reporter Landon Stamper was in attendance that day, and reported on the meetings (1):

The Aiken Municipal Development Commission recently hosted talking sessions with the prospective lead development group behind Project Pascalis. Over the course of two days, a total of 57 people attended five sessions, billed as a conversation with Grey Raines, managing partner with Raines Co.

The story went on to quote AMDC Commissioner J. David Jameson stating:

People just appreciated the fact that they got to look into the eyes of the person that may become the master developer of this project. We got to see him early on and understand his philosophies.

No large public meeting regarding Project Pascalis was held until April 20, 2022 — four months after Mr. Raines privately met with what appears to be invitation only audiences. Mr. Raines himself was not introduced at either of the April 20 meetings, so the general public did not get “to look into the eyes” of the master developer. 

South Carolina law is clear about the requirements public agencies must adhere to when announcing, posting, holding, and documenting public meetings. According to state law, SC 30-4-60, meetings of public bodies must be open except for very specific exemptions. “Talking sessions” with select invitees is not on the list of exemptions.”

Executive sessions require a vote of approval, and “No chance meeting, social meeting, or electronic communication may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power.” (SC 30-4-70(c)). 

When the AMDC held public meetings in April, the public was restricted from asking questions while the developers and other AMDC contractors presented their case for all but fifteen minutes of the scheduled meeting time. During the first session, public input and questions were abruptly cut off by the moderator, Tim O’Briant, because Rainesco representatives had “prior engagements.” 

This is just the latest in a long series of legal issues confronting Project Pascalis, including: 

—City of Aiken has yet to hold a formal public hearing for Project Pascalis, as required by South Carolina redevelopment laws; 
—The AMDC has yet to follow that law and amend its obsolete, July 2020 redevelopment plan that was approved eight months before “Project Pascalis” entered the public discourse; 
—The AMDC failed to issue a legal public notice for their Requests for Proposals until  eight months after first soliciting bids;
—-The AMDC offered the prospect of city property to interested developers without permission from City Council, and did not seek permission for nearly a year; 
—Conflict of interest allegations raised in the recent lawsuit involving the City Attorney; 
—Violations of City ordinances regarding the parkway district; 

Now, it appears a City Commission repeatedly violated very simple, basic Open Meetings laws; reminiscent of the City of North Augusta’s Open Meetings violations in the early days of its Project Jackson development on the riverfront. 

_______________

REFERENCES


(1) https://www.postandcourier.com/aikenstandard/news/local-government/aiken-development-panel-continues-discussions-around-project-pascalis/article_9d46cab4-73d6-11ec-a559-9779b241eef5.html
(2) https://www.scstatehouse.gov/code/t30c004.php