Tag Archives: The Alley

Project Pascalis Includes The Alley (A Four-Part Series): Part Three

The City, Wyatt, Ray and His Group, and Creative Ways

As previously reported, the $100 million plus downtown demolition and redevelopment project named Project Pascalis actually involves two project areas. The unpublicized  second project area is the popular commercial district and gathering spot known as The Alley, which has been a central and not peripheral part of the project. 

One way to think about this is to picture two adjacent construction zones.  

One zone is controlled by the City of Aiken’s Municipal Development Commission (AMDC) and its developers: first Weldon Wyatt’s GAC, LLC, which had contracts on seven properties, and now RPM Development Partners, LLC, which is seeking to purchase the seven properties at a discount from the city. It also involves a public-private partnership with a cost sharing agreement between the two. Because public funds and a public body are involved, the Freedom of Information Act (FOIA) allows for better access to information, and a stricter set of rules applies to obtaining project approvals from city boards and council. Specifically, South Carolina Community Development law applies in this case because the AMDC is governed by Chapter 10 of that law. 

The second zone is privately controlled by Aiken Alley Holdings, LLC (Agent: Ray Massey), whose investors have remained silent, and are hereafter referred to as “Ray and his group” or “Ray’s group.”  Aiken Alley Holdings owns four properties in the project area. Because these properties are not part of any public-private cost sharing agreement, their plans and communications are not subject to FOIA and South Carolina Community Development law. 

Between March 2, 2021 and May 20, 2021 the two zones were treated more as a whole. The conceptual designs by the Boudreaux Group (an architectural firm who had signed an agreement with GAC, LLC in March) and its consultants clearly illustrate a seamless development that involved the Shah and Newberry Hall properties (under a purchase contract to Weldon Wyatt’s WTC Investments, LLC in the city’s zone) and properties owned by, or being sought by, Ray and his group.

Between June and November, 2021, the two zones were in limbo after Wyatt withdrew from the public-private project and the AMDC pursued a new developer, with some coordination with Ray’s group. 

Since November, 2021, the AMDC and its developer, RPM Development Partners, have controlled discussion and plans of the public-private zone, while plans for the private zone remain the purview of Ray and his group and have been withheld from public view. 

However, RPM stands for Raines, Purser and (Ray) Massey. At the April 20, 2022 AMDC public meeting, moderator Tim O’Briant stated that each party owns 1/3 of RPM. Ray and his group are a part of the public-private zone, but the AMDC is not a part of the private zone controlled by Ray’s group. If this were a swimming pool, the AMDC is only allowed to swim in the deep end, while Ray’s group can use the whole pool, an arrangement that has serious financial implications for taxpayer liability. 

“Ray and His Group”

The existence of two projects is confirmed in a brief but illuminating June 4, 2021 email exchange between Aiken Economic Development Director Tim O’Briant and WTC Investments, LLC representative Chip Goforth involving the assignment of properties by the Chamber of Commerce, purchase contract earnest money, a cost-share agreement invoice, and the future of the project. 

The two were cleaning house on the remants of the first public-private zone, which had crumbled when Weldon Wyatt’s development company GAC, LLC withdrew from the project in mid May, 2021.  Subsequent to the latest Wyatt exit from a major city project, the Aiken Chamber of Commerce, in coordination with the AMDC, had negotiated the “assignment” of WTC Investments’ contracts for the Shah and Newberry Hall properties. 

This involved transferring the contracts to the Chamber which would hold them for the AMDC to purchase after it procured funds from City Council; and helping WTC Investments salvage $135,000 in nonrefundable earnest deposits for its contracts. Yes, the city devoted administrative labor to insuring Mr. Wyatt recovered his otherwise nonrefundable earnest money. 

The AMDC opted to keep this entire affair secret, as it did with its private efforts to recruit a new developer, an effort that also involved Aiken Alley Holdings, referred to at the time as “Ray and his group.” 

In addition to confirming the two project zones, the exchange also indicates an amiable relationship, in spite of the Wyatt camp’s recent withdrawal from the project, and that Mr. O’Briant provided sympathetic assistance to WTC Investment’s efforts to retrieve their $135,000 in non refundable earnest money. 

In his email, Goforth wrote: 

How was your meeting with Andy Cajka. Thanks for helping get both Contracts assigned, glad we did the way we did and not a creative way. Better to all be on the same page. Will the Invoice attached work for reimbursement of the costs we spent. Let me know if you need anything. Also, sounds like Rays group has a lot of interest in the apartment side of the development. (1) 

O’Briant responded fifteen minutes later: 

The invoice looks fine. I’ll get that processed for you next week. It’s been busy but things are looking pretty good. The meeting with Andy was excellent. I hope to have a half dozen proposals in hand by a deadline next week to compare. Also waiting to see what Ray and his group come up with whatever it is it should be good for downtown. Hopefully we can figure out soon whether there’s a good way to overlap the two projects or if they work best independently. 

I’m really glad we were able to get the contract worked out so we can go ahead and get you the earnest money back and make it all clean. Thanks for your help on that end.

O’Briant-Goforth email
The O’Briant-Goforth email. Obtained via FOIA.

There were two project areas and two projects, one controlled by “Ray and his group” and one controlled by the AMDC and its private partner. In the beginning the private partner sought legal counsel and aid from Ray Massey’s law firm. In the existing stages, it is unknown what role the developers in RPM are playing in the plans of Ray and his group. 

The Wyatt Months: The Two Projects Merged

The issue of overlapping projects versus independent projects led to the creation of several design options in April, 2021; options that were scheduled to be presented to Aiken City Council on April 19th but never made it onto any public meeting agendas. 

In early April Boudreaux had late draft plans, but there was some disagreement over the future of Ray and his group’s recently purchased properties in The Alley. During the discussions, their retail and office buildings in The Alley are referred to as “The Laurens Center” and this designation also appears on some maps. 

In preparation for a meeting between AMDC Executive Director Tim O’Briant, Boudreaux, and Weldon Wyatt, Boudreaux group President Heather Mitchell wrote: 

Tim and Weldon spoke this morning. Weldon has clarified that he wanted to understand the impact of excluding the Laurens Center Alley buildings from the site, however he does want to proceed with developing the plan in accordance with the Option 2 version that includes rebuilding on the Alley (Laurens Center) retail site.

Three options focused mostly on The Alley portion were under discussion at that meeting: 

Option 2 involved retail space in The Alley extending deeper to the north and underneath the proposed parking deck. 

Option 2: “No Alley Building” involved leaving existing Alley retail buildings as is. This was looked at “per Weldon’s request,” and the issue that arose was that not modifying The Alley retail buildings would lead to a smaller hotel and less apartment space. 

Option 2A; “No Alley Building” involved a “reconsidered hotel location. Hotel is at corner of Richland and Laurens which gets it back to 100 rooms.

In an email, O’Briant wrote that he preferred the second option: keeping the existing retail. 

There is also a set of plans, obtained via FOIA, (see below), that shows a smaller hotel behind the Alley retail, with the lobby of the hotel at the same ground floor as retail. These could be the plans that have been described by Art and Soul co-owner Stacy O’Sullivan in Part Two of this series, and plans to build residential and/or hotel above the existing Alley buildings may still be in the works. 

The decision in the April 19, 2021 Conceptual Design Plans appeared to favor Option 2 .

The Two Projects Separate, But Ray’s Group Swims in Both Pools

Following the end of the AMDC/Wyatt partnership, the city secretly pursued a new developer. In the May 19, 2021 solicitation for Requests for Proposals (2), the AMDC only offered Option 2a, with a new hotel replacing the Hotel Aiken and no activity in The Alley. Apartments and a parking garage would replace the vacant historic Johnson Drug Store and adjacent existing businesses; a conference center would replace Newberry Hall. 

This is also the vision the AMDC and its chosen developer, RPM Development Partners, presented to the pubic between November 2021 and April 2022, when the AMDC unilaterally announced, without any public or even City Council input, a  conference center in the soon-to-be vacated City Hall at 214 Park Ave. W — an issue to be addressed in Part 4 of this series. 

Ray and his group retain control and ownership of the “Laurens Center” retail center in The Alley, as well as the former State Farm building (which it has offered as a “trade” with the City of Aiken in exchange for a portion of Newberry Street). Their plans are not publicly disclosed, but their property is now in the center of the larger Pascalis footprint. 

Ray and his group also sought to purchase part of the City’s municipal building complex in January, 2022. While that offer was tabled, the purchase agreement with the city remains in the files, and Part 4 of this series will discuss how Ray and his group tried to buy city property at a sizeable discount. 


Next: Part 4: Ray and His Group Angle for City Property

Part 5: The AMDC Pulls a Fast One: Old City Hall as a Conference Center. 

For Reference

(1) The invoice referred to the cost-sharing of the Boudreaux Group’s conceptual design. 

Andy Cajka is a member of the Clemson University Research Foundation. According to his bio on the foundations’s website, he is “the founder and president of Southern Hospitality Group, LLC, a hotel management and development company in Greenville, South Carolina. Prior to starting his own business, Mr. Cajka was a managing member of Hyatt Hotels Corporation from 1986 until 1998.” 

(2) The summary of that RFP is posted on the AMDC “transparency page.” Requests for the entire RFP continue to be denied by the city on the basis of a FOIA exemption. However, that exemption does not mandate nondisclosure, it is a choice. 

Project Pascalis Includes The Alley (A Four Part Series): Part Two

Option 2 Included a Radical Vision for The Alley

by Don Moniak

July 6, 2022

Until now, the AMDC has only revealed Option 2A (1) from its early 2021 deliberations. Option 2A was forwarded to select developers, along with a project “summary” (2) in a private solicitation for a request for proposals for an area only encompassing the “Shah Property” and Newberry Hall — but not The Alley. This solicitation represented a change in the direction of the project management, but not in the overall project vision detailed in the never released Option 2, a vision involving a radical redevelopment of The Alley. 

The Early Days of Project Pascalis: Option 2 Emerges

One week after the Aiken Municipal Development Commission (AMDC) announced a major, vaguely defined redevelopment effort named Project Pascalis, commission Chairman Keith Wood and Executive Director Tim O’Briant signed a cost sharing agreement with Weldon Wyatt’s GAC, LLC. (3) As with the Wyatt-Boudreaux agreement, references to “historic preservation” are absent. Demolition was the only consideration, and renovations were not options. 

Boudreaux Group architecture and its two subconsultants moved forward with an aggressive schedule of site visits, workshops, research, and preliminary design. While the Boudreaux Group was working on behalf of GAC, LLC, it was also designing for the Alley property recently obtained by Ray Massey’s Aiken Alley Holdings, and city owned property across from it, although no agreement detailing this arrangement is publicly available yet. 

The week of April 12 passed without the scheduled “presentation to city council and invited stakeholders,” and the AMDC only discussed the project in closed executive session on April 13th. 

On April 15th, Weldon Wyatt and Newberry Hall’s Myrtle Anderson signed a purchase and sale agreement for $2 million and options for the business’ operators to negotiate to repurchase a new building, operate the new conference center, and even be compensated for lost income during construction. 

Four days later the “Project Pascalis Conceptual Plans” were complete and ready for review.  The plan’s aerial view continued to match the description in the Boudreaux-Wyatt agreement, with the Aiken Antique Mall and the east half of The Alley remaining in the project footprint.

(Note: click on images, below, to enlarge views).

The conceptual plans, obtained on July 2, 2022, via a Freedom of Information Act request, featured “Option 2,” with the Hotel Aiken and Laurens properties replaced by ground floor retail below a three story apartment complex, a “Boutique Hotel” at the corner of Richland and Newberry, a conference center/apartments/garage complex replacing Newberry Hall, and street pattern changes on Richland and Newberry Street. 

Option 2: Five-story “Boutique Hotel” at the corner of Richland and Newberry. To the left is the 5-story conference center/parking garage/apartments complex at the corner of Newberry and The Alley.

Most dramatically, the plan envisioned retail space topped by four stories of apartments on the north side of The Alley; three stories across from it on city owned property, and a three story, elevated, enclosed walkway above the east entrance connecting apartments and providing a pathway to the parking garage. 

These plans were never shared as promised in mid-March by AMDC officials. The plans were shown to some of Massey’s newly acquired tenants. One of them is Stacy O’Sullivan, co-owner of “Art and Soul” gallery in The Alley. In 2019, “Aiken Blend” wrote of her and business partner Kim Rising’s presence in The Alley in an “entrepreneur of the week” profile: 

Art and Soul of Aiken isn’t exactly what you would call a “traditional” gallery. It is a place where local Aiken area artists can display their work in a free spirited and supportive space. Stacy O’Sullivan and Kim Rising established this co-op style business three years ago in a hidden store front on Richland Avenue. Two years ago, the business moved into the Alley. Since then, the two have had nothing but success. (4)

Their success must not have impressed her new landlords. O’Sullivan has described a visit from Massey and investment partner Todd Gaul, during which they revealed conceptual plans for their building, stating “We know this will take permits and such, but The City loves projects like this and it will not be a problem.”

O’Sullivan also describes an effort by Massey and Gaul to “illegally evict” them from their four-year old business home, and their intent to triple the rent, all while paying lip service to serious maintenance issues such as flooding in the recently renovated alley following heavy rains 

 Happy Days End 

While Massey and Gaul might not have anticipated a problem with the city, they should have anticipated one with Weldon Wyatt, especially considering his abrupt and unexplained withdrawal in January, 2020 from a purchase contract with Aiken County for the “old hospital” property at 828 Richland Ave E. 

Between April 19th and May 14th, two things happened. First, the preliminary cost estimates were completed on schedule. The estimates include a total budget of $118,372,104 and ninety eight cents; and total costs for “demolition and abatement” of the “Hotel Aiken, 108 Laurens Street, Holley House Motel, and Retail/Office Richland, Newberry, and The Alley” of $712,248. (5) 

Second, the man described by the AMDC a month previously as an “experienced and well-capitalized” private developer bailed on yet another major development on Mayor Rick Osbon’s wish list. Similar to the unexplained cancellation of the “old hospital” deal, the reason for the Project Pascalis exit remains a mystery. 

Instead of reassessing the project, AMDC officials scrambled to salvage the effort to demolish and reconstruct a major portion of historic downtown Aiken. As previously reported in A Project Pascalis Timeline, on May 14th “The Chamber of Commerce takes ‘assignment’ of the Shah property contracts, while the AMDC seeks funding to purchase them on behalf of the city. This all occurs behind closed doors.” (. ) Not until June 2 would the Chamber also arrange for “assignment” of the Newberry Hall property. 

The absence of a contract continuation with Newberry Hall’s owners did not deter the AMDC from immediately seeking a new developer for both the Shah and Newberry properties. On May 19th the AMDC sent its private solicitations for Requests for Proposals to continue the project—minus the Aiken Alley Holdings property and the Aiken Antique Mall.

There is no known formal agreement between the AMDC and Aiken Alley Holdings, but some form of unwritten agreement must have remained. Six days after the Chamber of Commerce took one for the team by taking assignment of the Newberry Hall property, Aiken Alley Holdings, LLC closed on the purchase of longtime State Farm agent Joseph Harrison’s 121 Newberry Street for $675,000, adding to the holdings in the original Pascalis footprint. 

Just over three months later, Massey was present at a “public meeting” at Victor’s Restaurant in Florence, SC hosted by the Raines Company. Two months later he was the agent for the newly formed RPM Development Partners, LLC; a consortium of Massey and other local, unnamed investors, the developers Rainesco and Lat Purser. In early December, 2021 RPM was named the Pascalis developer, pending a master agreement, although the legal advertisement for RFPs was not submitted until mid December. 


Next up: Project Pascalis Includes The Alley (A Four-Part Series): Part 3: The City, Wyatt, Ray and His Group, and Creative Ways.

For Reference

(1) The AMDC placed “Option 2A” on its “transparency page, but not Option 2; probably because a FOIA or other official request only asked for information pertaining to the AMDC’s private RFP solicitation in May 2021. This is known in some circles as willful nondisclosure. 


(2) https://aikenmdc.org/wp-content/uploads/2022/03/Pascalis-summary.pdf

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. 

(3) https://aikenmdc.org/wp-content/uploads/2022/05/Pre-development-cost-sharing-GAC-LLC-pascalis.pdf 

(Released by the AMDC in response to an unidentified FOIA request or other official request)

(4) https://aikenblend.com/2019/04/10/entrepreneur-of-the-week-stacy-osullivan-kim-rising/

(5) Draft Preliminary Order of Magnitude Cost Estimate Analysis. Project Pascalis. Obtained via the SC Freedom of Information Act from the City of Aiken, July 2, 2022. 

Project Pascalis Includes the Alley (A Three Part Series): Part One

The Wyatt-Boudreaux Agreement

Recently obtained documents confirm the evolution of the $75-100 million downtown demolition and reconstruction effort known as Project Pascalis. While one of the earliest project descriptions indicated a greater presence on Laurens Street, every conceptual design from the early days includes substantial development in The Alley, and an absence of options for renovating historic buildings such as the Hotel Aiken. 

Today, The Alley is in the midst of the project area, yet city officials have denied or downplayed any plans that may impact the popular gathering area and its businesses, just as officials withheld conceptual designs from 2021—just four years removed from the multi-million dollar renovation that disrupted local businesses for more than a year. 

For example, at the Aiken Municipal Development Commission’s (AMDC) April 20, 2022 public “design review” meeting, the following submitted question was read aloud by the meeting’s Zoom moderator: 

How much more will the Project Pascalis footprint grow? In 2020 downtown redevelopment only included properties fronting Richland and the new municipal building. The most recent online map includes Newberry. Now with the addition of the (old) Municipal building the project (area) has grown threefold and an (private) ownership island occupies the middle. Are there any plans for this existing private property?

The answer from AMDC executive director and meeting moderator Tim O’Briant was: “there are none.” (1) 

One of the earliest Project Pascalis documents is the Wyatt-Boudreaux Group letter of  agreement, recently obtained from the City of Aiken via a Freedom of Information Act request. 

On March 12, 2021 Boudreaux Group of Columbia President Heather Mitchell signed an agreement to complete  “Downtown Development Project Conceptual Design Services” on behalf of Wyatt Development (GAC, LLC) (2) for an unnamed project involving a 100 room hotel, 125 unit apartment complex, conference center with a 450 seat capacity, upscale retail space, and a parking garage large enough to complement the development. 

The Wyatt-Boudreaux agreement was finalized ten days after Weldon’s WTC Investments, LLC had signed a contract to purchase three downtown properties—collectively referred to later as the “Shah Property”—for $7.5 million. (3) WTC’s involvement came only one year after it backed out of a similar project at the “old hospital” and Aiken County office complex at 828 Richland Ave E. (4) Its “agent” in both the downtown Aiken deal and the failed old hospital venture was Aiken Attorney Ray Massey, whose law partner Gary Smith has served as Aiken City Attorney for more than twenty years. 

The Wyatt-Boudreaux agreement described the project as encompassing everything from The Antique Mall on Laurens to the Hotel Aiken, wrapping east around Richland Avenue to Newberry Street, south to The Alley, and north up Bee Lane. The description clearly includes buildings in The Alley as well as the eastern portion of the Aiken Municipal Building on The Alley’s south side. 

Aiken Antique Malll
Aiken Antique Mall, Candidate for Demolition in March 2021

Three days after the agreement was signed by Boudreaux and sent to Wyatt for his signature and Tim O’Briant for his records, Ray Massey’s “Aiken Alley Holdings, LLC” moved forward on procuring a key portion of The Alley for the project.  On March 15th his investment firm—registered with the SC Secretary of State only a month prior—closed on a $2.025 million deal for 200 The Alley and 214 The Alley, parcels housing TakoSushi, Aiken Taproom, and several other businesses.  The deal also included a parking area behind 214 The Alley on Bee Lane. 

Three days after the closing, the AMDC publicly announced Project Pascalis. Few details were announced beyond the news of a commission resolution allowing AMDC Chair Keith Wood and O’Briant to pursue an agreement with an “experienced and well-capitalized” private developer the commission had “recruited and identified.” 

In a subsequent interview, Tim O’Briant told the Aiken Standard  “transparency is key” and promised additional pubic information within a few months. The Boudreaux/Wyatt agreement specified a timeline of April 12, 2021 for a presentation to City Council and “invited stakeholders.” The terms “public meeting” and “public hearing” are absent from the agreement. 

That schedule was never met. No public meetings or presentations to council were held in April, 2021.  However, the AMDC did meet behind closed doors in Executive Session on April 13th; a habit the commission would undertake during more than sixty percent of its meetings in the next six months. (5) 


Coming Soon: Project Pascalis Includes The Alley (A Four-Part Series) Part Two: Option 2.

References

(1) April 20, 2021 AMDC “Design Workshop,” 5:30 meeting to 7:00 pm meeting that extended into a scheduled City Council work session. Listen to question/answer at 2:56:07 in the video below.

(2) Weldon Wyatt signed the agreement on March 23. The words “Wyatt Development Company” are crossed out below the letterhead and on the signature page, and  “GAC, LLC” is handwritten in their place.  This typo may have foreshadowed Wyatt’s early exit from the project; as well as the general lack of attention to detail that has plagued the project. The last version of Wyatt Development, LLC was actually dissolved in April, 2013. 

(3) From: “Resolution Authorizing Acceptance of Assignments

Adopted November 9, 2021” Aiken Municipal Development Commission: 

“In anticipation of the Commission’s efforts to consolidate ownership of real property in connection with Project Pascalis, the Greater Aiken County Chamber of Commerce (the “Chamber of Commerce”) has entered into the following purchase and sale agreeme for the acquisition of such real property: (i) a Purchase and Sale Agreement by and between Myrtle H. Anderson, seller, and WTC Investments, LLC, as purchaser, dated April 15, 2021 (the “Anderson Agreement”), for the purchase ofreal property identified as TMS# 121-21-08-004(the “Anderson Property”) for the purchase price of $2,000,000; and (ii) a Purchase and Sale Agreement by and among Historic Hospitality, LLC, S&N Hospitality, LLC, Shah Enterprises, LLC, and Paresh Shah, LLC, collectively as sellers, and WTC Investments, LLC, as purchaser, dated March 2, 2021 (the “Shah Agreement” and together with the Anderson Agreement, the “Agreements”), for the purchase of real property identified as TMS# 121-21-09-002121-21-08- 001121-21-08-002121-21-08-003121-21-08-009, and 121-21-09-001 (the “Shah Property” and collectively with the Anderson Property, the “Properties”), for the purchase price of $7,500,000. (5) Pursuant to a bond ordinance of City Council enacted August 23, 2021, the City issued its $9,600,000 General Obligation Bond, Taxable Series 2021.” 

(4) https://aikenchronicles.com/2022/06/21/project-pascalis-and-the-wyatt-factor/

(5) https://aikenchronicles.com/2022/07/01/project-pascalis-transparency-index/