November 18, 2022 email from Don Moniak to the Aiken Design Review Board.
Chairman Law,
At last night’s (11/17/22) public workshop, the Design Review Board (DRB or Board) requested information about the condition of Pascalis project properties officially owned by the City of Aiken’s Municipal Development Commission (AMDC), and paid for with public funds.
Following are three lines of information for the Board to consider. The Board is charged with determining whether any properties warrant a designation of “demolition by neglect,” meaning the owners have permitted structures or property to:
“fall into a serious state of disrepair or to remain in a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the character of the structure or property, or, if the structure or property is in an Historic District, upon the district.”
1. The AMDC chose to avoid last night’s public meeting, and its absence was an act of neglect. The commission is established by city ordinance, funded by the City of Aiken, and is mandated to work on behalf of the citizens of Aiken, who remain at the top of the city’s organizational chart.
The failure of a single commissioner to attend was inexcusable, and only served to strengthen the public perception that demolition of its half of the block remains the commission’s only goal.
2. The terminated Purchase and Sale Agreement between the AMDC and RPM Development Partners, which required the AMDC to:
“manage and operate the Property in accordance with past practices and maintain the Improvements and the tangible Personal Property in substantially its current condition and repair, ordinary wear and tear excepted, to be delivered in a broom clean condition at Closing.”
This PSA should provide one benchmark for evaluating how well the property owner, who was absent from last night’s proceedings, has maintained its properties. Unless water damage from roof leaks are considered “ordinary wear and tear” then the AMDC failed to meet even this most basic contractual obligation.
The Hotel Aiken is not the only AMDC property with a leaking roof. The CC Johnson Drug Store had problems with leaks when the Shah family owned it, and a chimney remains covered with a mat held down by cinder blocks. What is the purpose of this low-tech arrangement?
This situation was also featured in the AMDC’s 11/8/21 News Release, and not remedied until a year later. (Photo by Don Moniak, 10/9/22)
As an aside, this PSA is no longer publicly available. The City of Aiken removed it from its document repository within 24 hours of the publication of Downtown Aiken Half Price Sale on November 10, 2022.
2. On November 8, 2022 the AMDC published a page of photographs showing the existing conditions of a few of its properties, but almost primarily the Hotel Aiken.
Unfortunately, the AMDC purchased its properties in an “as-is” condition and did not have them appraised or inspected. So the commission has no baseline for what the conditions were in the Beckman Building at 106 Laurens Street, SW, Taj Aiken Restaurant, and the McGhee Building when it wrote that:
“From every angle, the area of Downtown that makes up the Project Pascalis footprint is in need of a refresh. This highly visible block of the central business district has fallen into disrepair, as the former owner’s plan to redevelop the Hotel Aiken and adjacent property has stalled.”
However, the photographs do provide a baseline of the conditions the AMDC willingly accepted when it spent $9.5 million of public funds on the seven properties. The Board could recruit volunteer, independent photographers to replicate these photos to see where conditions have worsened under the minimalist management approach of the AMDC, where they have remained the same, and where there might be an improvement.
One example of how disrepair has remained in place is shown by a comparison of this photograph published on November 8th, that shows a boarded up window on the Laurens Street side of the Hotel Aiken.
AMDC Photo. November 8, 2021.
And here is a similar view taken on November 17, 2022, with the same boarded window. The only differences are there are more leaves remaining on the Ginkgo tree this year, and the presence of the Voluntary Cleanup Contract sign.
Photo: Don Moniak, November 17, 2022
Another November 8th photograph illustrated a tree growing out of a second floor window of the Beckman Building. As reported in “A Tree Disappears in Aiken,” the AMDC neglected for nine months to remedy this highly visible situation it cited as an example of disrepair.
The Board should obtain the original photos from the AMDC and work to replicate some of them as part of its information gathering and analysis process—if one actually exists. After all, Chairman Law collaborated with the Pascalis project manager to gather information to support the demolition application.
As seen in this screenshot of Capstone Service’s February, 2022, work invoice, that collaboration included planning drone pictures of the Hotel that were shown at the Board’s Feburary 1, 2022 workshop. These photos could also be replicated to determine the degree of neglect this year.
If the Chairman of the Design Review Board could work with the City’s Municipal Development Commission and Planning Deparment earlier this year to help build a case for demolition, then the Board as a whole should be willing to work with citizens–who fund the existence of the commission– to determine to what degree the Pascalis properties have been neglected to the detriment of downtown Aiken. It can then act in accordance with Section 5.1.8 of the municipal code, Ordinance 04142003A, which requires corrective actions and penalties for violations “of any provisions of this Chapter.”
The Aiken Chronicles is encouraging readers interested in the upkeep of the publicly owned Pascalis properties to submit suggestions on how the Design Review Board should proceed to eurekascresearch@gmail.com. This includes any pertinent information that should be gathered, and what non-neglect should look like.
The suggestions will be compiled and published; and presented to the Design Review Board. Anonymity is allowed.
Recently obtained emails between City of Aiken officials further reveal bias and irregularities in the legal process for the controversial Project Pascalis. The emails to and from City of Aiken Design Review Board Chairman McDonald Law were obtained via a Freedom of Information Act (FOIA) request (1), and are dated between March 1st and June 22, 2022. They indicate:
a strong bias in favor of the entirety of the project, illustrated by a dismissal of dissenting viewpoints, and a disregard for public input. Most notably, Chairman Law wrote that local historic preservationist contractors Bill and Bernice McGhee “have unfortunately been activated to oppose the entire project based on misinformation about efforts to preserve the corner.”
back channel efforts to influence the project outside of the legal process.
a tendency to steer the process towards approval instead of conducting fair and open meetings and hearings.
Aiken’s Design Review Board
The City of Aiken’s Design Review Board (DRB or Board) reviews all applications for any architectural change and enforcing the zoning ordinances in the city’s historic districts. Essentially, it’s purview is to protect the historical integrity that makes historic district neighborhoods some of the most financially valuable in South Carolina and certainly in Aiken County.
The Board’s deliberations are described as “quasi-judicial,” meaning it functions as an administrative court of law in which fair, full, and unbiased hearings are expected. Since the Board’s decision can only be appealed in the courts, it is arguably the most city’s powerful arbiter regarding proposed changes to the historic district; making its Chairperson one of the more powerful appointed positions in the city.
This year the Design Review Board has reviewed a wide array of proposed property changes in the historic district, including the following modifications to private homes:
construction of a stone driveway,
removal of two chimneys,
window and garage door replacement
a front porch enclosure
construction of a pool guest house
replacement of a roof and windows
This category of seemingly minor requests dominates the Board’s proceedings, but larger projects are also heard. The two most notable this year were scheduled on March 1st and July 5th.
The final item on the Board’s March 1, 2022 agenda was “hearing for demolition of 235 Richland Avenue and 106 Laurens Street.” These are the vacant Hotel Aiken, long a subject of dispute, and the adjacent building, also of 1920 origin, to its south housing a trio of active businesses: Beyond Bijou, Vampire Penguin, and Ginger Bee.
The buildings were acquired by the Aiken Municipal Development Commission (AMDC) on November 9, 2021, following a complex and tangled web of transactions spanning eight months. (2) The AMDC is a redevelopment agency established by Aiken City Council in 2019.
106-108-110 Laurens St SW / Beyond Bijous-Vampire Penguin-Ginger Bee (Photo courtesy of Donald Moniak)
The March 1, 2022 hearing proceeded as planned, and the first demolition approval was made by a 6-1 vote, further inflaming an already contentious debate about the largest redevelopment project in downtown Aiken since the 1953 gas explosion. The DRB’s approval of that demolition request was an essential first step in the City of Aiken’s downtown demolish and redevelop endeavor called Project Pascalis, an effort involving more than three acres of a city block of seven and a half acres.
The Pascalis project will displace eight small businesses (3) and place Newberry Hall, the only business hosting and catering to large downtown meetings and conferences, on hiatus during the three plus years of construction. Large outdoor events will need to be relocated from the popular Newberry Street festival area that is also threatened with demolition.
A second hearing for demolition of the remaining four buildings owned by the AMDC, as well as a former State Farm Insurance office owned by Aiken Alley Holdings, LLC, was scheduled for July 5, 2022. The hearing was cancelled after the city’s chosen developer withdrew the application on June 30th. (4) Instead of a demolition hearing, a lawsuit seeking an injunction to halt the project was filed on July 5th, and prominently features the DRB among the many allegations of legal misconduct. (5)
Warneke Cleaners (Photo courtesy of Debbie Traves Brown)
The four buildings owned by the AMDC and subject to the cancelled demolition request are the Holley House motel (currently vacant), Newberry Hall (6), Warneke Cleaners, and the building known as the old CC Johnson Drug Store.
The corner business in the McGhee Block of buildings has housed a number of businesses over the past 100+ years, including the old CC Johnson Drug Store, (1920-1940), Cloud 7 Gift Shop (1960s-70s), and, most recently, Playoffs Sports Bar. (Photo courtesy of Michael Aiken)
The latter was built in 1920 by McGhee and McGhee general contractors to house the historic CC Johnson Drug Store. This business was an important Aiken feature in at least one edition of “The Negro Motorist Green Book.” More recently the building housed Pat’s Restaurant and lastly the Playoffs Bar.
Marginalizing A Popular Viewpoint
After the building was threatened with demolition during a previous downtown redevelopment proposal in 2017, Bill and Bernice McGhee expressed a desire to maintain the building.(7) Bill McGhee’s grandfather William McGhee, along with A.G. McGhee, owned and operated McGhee and McGhee, which also constructed the first Aiken Hospital in 1917, (no longer in existence), and notable Aiken landmarks including the Fermata Club and the iconic serpentine wall at Hopelands and Whiskey.
Newspaper clipping of 1918 advertisement for McGhee & McGhee Contractors and Builders of Aiken, SC
With a business motto of “restoring Aiken, one brick at a time,” the McGhee family remains prominently and deeply involved with historic preservation projects. The AMDC itself has proudly described them as partners in the commission’s Williamsburg Street redevelopment efforts. If you see an old house being moved on an Aiken street, it is likely to involve the McGhee family businesses.
In January 2020 Bill McGhee received The Aiken Award “for his restoration work of old residences on the city’s Northside.” After that honor, Bill and Beatrice McGhee also received the second lifetime achievement award ever bestowed by the Historic Aiken Foundation.
These efforts also made the McGhees regulars before the Design Review Board. For example, in January 2021 the Board unanimously approved their application to relocate and restore two historic homes to 222 Williamsburg, St, SE. One of the homes, at 147 Newberry Street, NW, had been previously approved for demolition, but the owner agreed to donate the structure to the McGhees.
The McGhees advocacy for preserving the CC Johnson Drug Store was not well received by Chairman Law. In a March 20, 2022 email exchange, Mr. Law wrote to Aiken Economic Development Director Tim O’Briant:
If the parking structure is rotated 90 degrees, the Richland Ave building frontage can remain its current length. Another advantage, and not a small one, is that the side of the McGhee and McGhee building can also be preserved. The McGhees have unfortunately been activated to oppose the entire project based on misinformation about efforts to preserve the corner.
This marginalization of the family’s concerns continued into April. On April 4th Mr. McGhee wrote to City Manager Stuart Bedenbaugh:
Sir
We have been in contact with Brent Leggs’ office of the National Trust African American Cultural Heritage Action Fund about the Dr. C. C. Johnson Drugstore/McGheeBuilding. We have provided Ms. Tiffany Tolbert, Associate Director, with information about the proposed demolition and the historic significance of the property to the City of Aiken. Ms. Tolbert has offered to examine options other than demolition and guidance from NTHP. When may we arrange a conference call with Ms. Tolbert, your office and members of the Concerned Citizens group?
Mr Bedenbaugh responded:
Bill,
The property is owned by the Aiken Municipal Development Corporation, which is governed by its own board. You will need to work through Tim O’Briant [cc’d above] to schedule a meeting with their officials.
Mr. O’Briant then asked Mr. McGhee:
Can your group and the Trust folks be available for the April 12 Commission meeting at 3:30 pm? Let me know and I can set it up.
A presentation slot was set up for the April 12th meeting. Normally presentations from outside parties are placed at or near the top of city council, board, and commission agendas. For example, at its November 9, 2021 meeting the AMDC placed presentations by consultants Joseph Minicozzi of Urban3 and Chris Brewer of AECOM at the top of the agenda and before commission business.
On April 12, the “presentation regarding CC Johnson Drug Store Recognition and Proposed Facade Preservation—Bill McGhee” was sixth on the agenda. An “Economic Development Master Plan Implementation Update” by $4,000-a-month consulting program manager Tom Hallman was at the top of the agenda. It was Mr. Hallman’s second update on the same master plan in six months.
The AMDC’s meeting minutes for that day are long on detail for Mr. Hallman’s presentation and devoid of detail for Mr. McGhee’s presentation. Six pages of minutes are devoted to Mr. Hallman’s update and associated commissioner questions and comments. It was at this meeting that the issue of the Hitchcock Woods arose, with Chair Keith Wood asking:
Mr. Wood noted that the Commission had talked about working with Hitchcock Woods to make the Woods more open for public use and for marketing. It is a huge resource for the city. He asked if anything had developed there yet, and if the Commission should revisit that.
The Hitchcock Woods are a large privately owned and managed “urban forest” mostly outside the physical jurisdiction of the AMDC, and entirely outside its legal jurisdiction.
In contrast a short paragraph was devoted to the McGhee’s presentation regarding the CC Johnson Drug Store.
The minutes merely read:
Mr. Wood stated the next item is a presentation from Mr. Bill McGhee regarding recognition of the CC Johnson Drug Store property on the corner of Newberry Street and Richland Avenue which is a part of the Pascalis Project.
Mr. McGhee stated he had been talking with the National Trust for historic preservation called Saving Places . He said he planned to have someone from that group to talk to MDC today , but he had not been able to make those arrangements. He is still working with them to see what they can do to help us save as much as we can of the Johnson Drug Store. He pointed out that presently the plan is to destroy the building and to leave a wall. He said he was looking to save the whole building.
If there were any comments or questions that day from Commissioners, they were not recorded in the minutes. McDonald Law was also at the meeting and received the email exchange leading to the presentation, but no other DRB members attended the event and it does not appear any other members were notified. According to the minutes, Mr. Law’s only comment that day, just a month after describing Mr. McGhee as “activated” by “misinformation” was:
McDonald Law stated following up on the comment about DRB input on Pascalis , they had a work session and received a good many comments from the public and Commissioners. The developers responded very quickly to DRB’s comments at their last meeting.
On April 20th, Project Pascalis developers presented their latest renditions. A compromise was proposed to repurpose the existing storefront facade as the entrance to the proposed luxury apartments, with the idea to “tell the story of of the CC Johnson Drugstore and and that’s really the most important thing.” (8)
On May 3rd, the DRB held its monthly meeting. On the agenda was another demolition proposal, this time for the house at 147 Newberry St, NW which the McGhees had been methodically salvaging and preparing to move. The applicant this time was the Aiken Corporation, which had a contract to buy the property and two adjacent vacant lots. According to the application:
The Board previously gave its consent to Bill McGhee to move the house to another location. Upon information and belief, Mr. McGhee was unable move the house due to the required removal and substantial trimming of a number of trees and abandoned all efforts to move it.(9)
The Board voted unanimously to approve. Bill and Bernice McGhee were not present at the hearing. Two months later Bernice McGhee was listed as a plaintiff in the lawsuit to stop the Pascalis project; and McDonald Law was named as one of thirty defendants.
________________
Next: Part 2: The Chairman’s Bias: A Demolition “Home Run,” evasion of the legal process, and the steering towards approval.
References
(1) On June 23, 2022 I submitted a FOIA request asking for “All email and paper communication between Design Review Board Chair McDonald Law Economic Development Director Tim O’Briant, and/or AMDC Chair Keith Wood between March 1, 2022 and June 22, 2022.” The intent of the request was to obtain information relating to Mr. Law’s advocacy for relocating the proposed conference center location to the recently vacated city hall building at 214 Park Avenue, West.
The city responded on July 8th with 15 email exchanges and 16 attachments.
(3) The businesses being forced to relocate or even close are Warneke Cleaners, Taj Restaurant, On Board Reality, Nationwide (already moved), Security Finance, Beyond Bijou, Vampire Penguin, and Ginger Bee.
(5) The Historic Aiken Foundation is one of nine plaintiff’s in the lawsuit. A book-style presentation of the lawsuit, as well as a summary of project issues, is at:
(9) FOIA request for correspondence since January 1, 2022 between the AMDC and the Aiken Corporation was met with a $112 cost estimate for more than seven hours of search, retrieval, and review of records. The estimate has been appealed.
Page One view: Plaintiffs and Defendants in Project Pascalis lawsuit.
Lawyers for nine plaintiffs, including the Historic Aiken Foundation, Green Boundary Foundation and former City Councilperson Dick Dewar, filed a complaint in the Second Judicial Circuit of South Carolina against two dozen City of Aiken officials and a pair of development companies collaborating with the city to demolish and reconstruct a substantial portion of historic, downtown Aiken.
Pages one to thirty-six of the plea assiduously outline the legal basis for their claims, including South Carolina Community Development, Freedom of Information, Ethics and Government Accountability statutes; and City of Aiken zoning ordinances.
Pages 36 to 90 contain the general factual allegations and provide welcome summertime nonfiction for a majority of Aiken area residents who object to Project Pascalis. Like a good true white collar crime story, the allegations detail sham proceedings, citizens locked out of a distorted and confusing public process, conflict of interest violations from the Mayor to the City Attorney, and city boards that regulate the public while serving the developers they are charged with monitoring.
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.
