Town Council - Regular Meeting

Good evening. I would like to welcome everyone to the Town of Lexington Council Meeting. The Council Meeting is being held at Town Hall on Tuesday evening, September the 8th, 2026, and is being broadcast live on the Town's YouTube channel. I'm Hazel Livingston, the Mayor of the Town of Lexington, and I'd like to introduce my fellow Councilmembers. To my left is Councilmember Ron Williams.

To his left is Councilmember Jenny Michaels. Good evening. To my right is Mayor Pro Tem Todd Carnes, who is somewhere. And to his right is Councilmember Gavin Smith. To his right is Councilmember Will Allen. And our invocation tonight will be led by Councilmember Will Allen.

Thank you, Madam Mayor. Let's pray, y'all. Heavenly Father, thank you so much for this summer that we've had. Thank you for all that you've done, all that you're doing, and all that you're going to do. Please guide our footsteps today, Lord. Help us make the best decisions we can for our neighborhood, for our friends and our family that live here in this wonderful town that we call home. Please just give us Holy Spirit guidance with the decisions that we make, Lord. We love you, we praise you, we bless you, and we pray all this in Jesus' holy name. Amen.

Amen. Thank you, Will. Our pledge tonight will be led by retired U.S. Marine Corps Staff Sergeant Kevin Richardson.

I will now call the council meeting to order. Are there any deletions from tonight's agenda? Hearing none, I'm moving into the executive session report and ratification. Council met in executive session prior to this meeting. Matters discussed in executive session as permitted by SC code 30-4-70A. Reviewing a pending litigation. One personnel item. Contractual item related to the town prosecutor. legal advice regarding council roles and responsibility, legal advice regarding town policies and procedures, and discussion of potential property acquisition. No vote was taken. Do I hear a motion to

Councilman Williams makes the motion. Do I hear a second? Is there any discussion? Hearing none, all those in favor, raise your right hand. And there is six and all opposed. Well, Gavin, I didn't see you raise your hand. Did you raise your hand?

Okay. And then did you, were you going to make a motion to add one of these items?

If he wanted to add, if somebody wants to add one of the items to be voted on tonight, do they need to do it now? And we can do it at the end of the...

Even if it was on the executive session? Yes, ma'am.

So we should have backed it up for the, when we were voting on them and clarified it?

Yes. Mr. Epperson, I don't believe we could take a vote on an item now from executive session because we just voted to ratify a report that said no actions were taken. And I don't think now we could amend the agenda to add an item.

correct, but now you be taking action outside when you come out of executive session right on one of the items that was listed that you discussed right and I understand we cannot do that but we could add the item to the agenda to discuss the item we just could not take an action correct. Then madam mayor, I move that we add an item to the agenda. Discussion only yeah for discussion on the day and that would be town policies and procedures.

Councilman Smith made a motion. Do I hear a second?

Councilman Lyle seconds it. Is there any discussion on adding this item? Hearing none, we'll be adding that. It'll be at the end as number eight. Huh? Number eight. Will you write it up for me and bring it to me? Okay. All those in favor of adding that for number 8, raise your right hand. And it is unanimous. Okay. Approval of the minutes included in the meeting packet for approval are the minutes from council meetings held on August the 3rd and August the 17th. Are there any deletions, corrections, or motions to approve the minutes?

Councilman Lyle makes a motion to approve. Do I hear a second?

Councilman Michaels seconds it. And is there any discussion on it? Is everybody good with them? Hearing none, all those in favor, raise your right hand. And it is unanimous. Now I'll give you an update on our vision plan. The town has extended the deadline for the vision plan online survey, and we still want to hear from you. The new vision plan will set long-term goals for what the town will look like in the future. the projects and initiatives that have become important, parts of our community were identified through the previous vision plan. These projects include the Old Mill Trail, Virgin

Thank you, Mayor Pro Tem. Moving on to new business, our first item is from Council Member Smith.

Thank you, Madam Mayor. A ripple fiber LLC is being acquired as part of a transaction that will result in frontier communications of the Carolinas LLC. A Verizon company acquiring and operating ripple fibers broadband network in Lexington. The town has received a request for its consent to assign the existing broadband franchise agreement from ripple fiber to frontier. the franchise agreement and its existing obligations would remain in effect following the assignment a copy of the request was attached to our agenda packet as such madam mayor i moved to consider consent to the assignment and a

Hearing none, all those in favor, raise your right hand. And it is unanimous. Next up is the Pilgrim Point Streetlight Request. Council Member Allen.

Thank you, Madam Mayor. Historically, the town has paid a portion of the streetlight bill for Pilgrim Point residents. In accordance with the town's residential streetlight ordinance, the Pilgrim Point Homeowners Association has requested that the town again pay a pro rata share of their streetlight bill. A copy of their letter is attached. There are 48 lots in Pilgrim Point, and the town ordinance states that the town would be responsible for one streetlight per six lots, which equals eight lights. The total requested bill is $2,671.76. Madam Mayor, I move to consider payment of the pro rata

Council Member Allen makes the motion. Do I hear a second? Mayor Pro Tem. Second, is there any discussion on this?

For the record, I'm not sure the appropriate staff member, so I'll ask our administrator and she could assign accordingly. Could you just clarify for the record what type of lights are in Pilgrim Point?

Thank you Kathy and to be clear, I have no issue with with this. I just wanted to state for the record that the town ordinance requires a standard light and it appears that that program point has a higher end light so they are receiving reimbursement for the rate at which the standard light would be yes, it's OK so that is correct. OK, thank you.

Any other discussion is just briefly, madam mayor. I'd like to point out that hopefully we'll have something more global regarding the whole streetlight issue. But as I mentioned last month, I would not be in favor of retroactively doing that. So I'd be happy to continue doing this forward for now. But hopefully the plan would be that the taxpayers don't pay for the streetlights of neighborhoods.

Anyone else? Hearing no other comments, all those in favor of approving this, raise your right hand. And it is unanimous. Third item is approval of cross-connection control program. Mayor Pro Tem Carnes.

Mayor Pro Tem makes a motion. Do I hear a second?

Councilman Williams seconds it. Is there any discussion? Hearing none, all those in favor, raise your right hand. And it's unanimous. Item number four is first reading to update town ordinance governing the cross-connection control program. Council Member Lyle.

Thank you, Madam Mayor. So as far as the background goes, we just voted to update that cross-connection control program. So in part of that, we're going to have to do revisions to the code for the town ordinances necessary to make sure that it's consistent with that newly adopted program. We have proposed amendments to remove some obsolete language, eliminate references to agencies that are no longer in existence, and to update the procedural requirements so that they are consistent with and align with the revised program that we just mentioned. So this will specifically revise sections 50.12.

Council Member Lyle makes the motion to approve. Do I hear a second? Second. Council Member Michaels seconds it. Is there any discussion? All those in favor, raise your right hand. and it's unanimous. Item number 5 is first reading of annexation of Lexington County text map 004300-04-026 in the 200 block of Georgia Lane Councilmember Michaels.

Thank you, Mayor. Moore Group Incorporated owns approximately 2.8 acres on the corner of Georgia Lane and Cherokee Trail and has petitioned to annex the property. Properties in the town near this one are zoned protected residential and high density residential. Georgia Lane and Cherokee Trail are classified as local roads. The property is shown on the future land map used as suburban residential area. The Comprehensive Land Use Plan describes this area as low density, single family detached housing on large lots. For the proposed project to be compliant with the zoning ordinance, the property

Council Member Michaels makes the motion. Do I hear a second? Mayor Pro Tem seconds it. Is there any discussion on this one? Hearing none, all those in favor raise your right hand. And it's unanimous. Item number six is first reading of a request to rezone Lexington County tax map in the 500 block of Corley Mill Road. Council Member Williams.

Yes, Madam Mayor, I'm also going to recuse myself. I have represented the applicant several times.

Okay. So we have two recused before we start. Now we're ready for you.

Councilman Williams makes the motion. Do I hear a second? Second.

I have a question you need to second and then you can second.

You second it. Councilman Michael seconds it. So now.

I will take discussion in questions, so the only question I have is there's from what I understand, there's no member of the Council that has any ownership and bare feet free collective LLC. I don't think we do. Just for confirmation.

Yes, sir. If you can come up to the mic since she has some questions for you to answer.

Anybody else have any other questions for Blake while he is up here?

Madam mayor, yes, Blake quick question for you. My understanding in reading the application and attending the planning Commission meeting why does the parcel need rezoning for the entirety of it was at the 8.9 3 acres are correct 7 7.4.

Madam mayor yes, this may be a question maybe for for Jessica or or maybe you like could answer it. Why could not just the parcel but the piece of the parcel that is being used for the golf simulator which is it seems driving the need for the reason why could why couldn't it be limited to to just that.

So I understand that this is just for the rezoning, correct? With the scenic overlay and everything staying in place. The tree survey and everything being in place in this.

Anybody have any other questions? Or any other comments?

Yes, I'm sorry. We did receive an email today from a citizen and she asked that her information be included for the record. Her name is Angie and I'm probably going to miss the last name up that I just moved that we have that included for the record.

And I do want to make it clear to that the person that asked for us to read this and if I understand there's 2 zonings for the county is already in I D. That is correct ideas very you can do anything pretty much.

Especially as not as what we are with the This zoning, correct? Correct. This zoning would be a lot more limited.

Anything else? Anyone else? All those in favor of rezoning this property, please raise your right hand. And it is four, all opposed is one and two abstained. So item number seven, Council Member Williams, you also have that one that goes along with this.

Councilman Williams makes this motion, and he made the motion based on the Planning Commission's recommendation. Do I hear a second? Second. Councilman Michaels seconds it. Is there any discussion on this one?

The protection of the road, the Quilling Mill Road, which is protected in the county and our part of the town part of it too. So it was to maintain it and not to remove the scenic corridor protection.

So Jessica, on the tree and the landscape, this part, if they were cut down, would they have to put them back or put a certain type of landscaping back?

So they shouldn't technically take him out, but if something does get taken out, it has to be replaced, correct? OK. Thanks.

Any other discussion on this? Trying to decide if I want to say something. I will say that I normally vote with the recommendation of the Planning Commission. It's very rarely that I vote against their recommendation. They're there to give us this advice and to advise us in what we need to do. Now, I might have voted against them if they had removed the scenic corridor, but most of the time, you know, they know it's important what's going on. And this is part of our PUD. that the money from the PUD is being used for the 378. TIF district. The TIF district for that, and to pay for that intercha

Sure. Thanks, Madam Mayor. So I guess to kick it off on, let's see, on Thursday, August 27th, I emailed the town administrator, Ms. Cleeton, who's here with us. and asked for a roster of our student ambassadors here in town just for their name and contact information. I see many of those with you here in the audience. You likely have received a handwritten letter from me. I can see six or seven of you that I know I've written a handwritten letter, and And I wanted to write each of our student ambassadors a handwritten letter and just say congratulations on being a student ambassador here at th

We were quite vocal in executive session. No one has anything to say now.

Well, I mean, you're welcome to speak in favor if you'd like.

That's the reason I think it's important that we have this discussion on our policies and procedures so they're standard. Because I was called today as some redacted information was on some of the applications that we haven't done before. And I was informed that personal information will be redacted from now on. So I think whatever goes into place needs to be a standard policy that is followed all the way around. however it gets voted in because that was brought to my attention today and it had not been done before from what I understand and I mean if we're gonna we can't do some here and some

So no one wants to speak up because we were quite vocal in executive session. and challenged to actually have the conversation in public. So now we're doing that if we don't wanna have that.

discussion I didn't have a lot to say about it, but I will say that to me is just about I think coming from the staff and I don't know right or wrong where you're right we probably we don't have a policy that goes straight across. But I think it in this if you just single it out and it could be just the minor situation not I mean I don't know that there's any real problem that needs fixing with addresses of people in the town. I don't think it would have been a problem for you to write a letter honestly. But at the same time I guess if we're having a major discussion and we want to go down thi

And just to state publicly I appreciate that sentiment Councilmember Michaels and I would trust you with this information you were elected by the citizens entrusted with their information we see information all the time and we have to be trusted by our staff to safeguard it. And I would emphasize also as I've stated, I believe in my email chain as well that staff who I certainly respect that reviews we trust them to review these applications. They're privy to these miners addresses. They don't have a special security clearance that. Allows them to see this information that I don't have. I'm ju

So another thing that may be different. and thoughts is unlike other boards and commissions we don't actually appoint these and pick these the staff has a team that appoints and picks these and we never really see the full application on them and i'm i'm just telling you my thought process is what it may why it may be different because they are minors there's a team that works with them they work with them the whole time I mean, personally, if I wanted to write them a letter, I'd probably write them a letter and go to one of their meetings and hand them out.

Certainly a feasible option. Madam Mayor, if I may ask, the members of the committee that review the student ambassadors, when they review, is all that personal identifiable information redacted for all members of staff?

Okay, so we do trust our members of staff, but I, as a member of council, would not be trusted with that information.

As somebody who didn't talk about this in executive session, I'll go ahead and share my opinion on this. Rachel, when these applicants apply, are they told that this information may get shared with council members or are their parents or guardians told that?

So it seems very logical that when we're talking about high schoolers or minors, there's a different level of care involved with that information. That seems like common logic. So as far as my opinion is concerned, I see no reason why any member of council would ever need any minors or any high schoolers home address or cell phone number. I see no reason why that's ever. So if we need to actually codify that and put that into our policies, I'd be for that.

Council member Allen have you ever written a letter to anyone as a member of Council. I don't think you have I don't right Myers though. So I guess my question would be if we're going to codify that Council can't see that are we also going to codify that members of staff can't see that. And then lastly I do want to push back on our attorneys assertion that it would potentially be outside of my official duties, I believe that's up to what I. as the elected official deemed to be my official duties now I think we can all acknowledge that if I took the information and when it entered into my campa

Madam mayor, yes, sir. Just for clarification, it was offered to Councilmember Smith that he could write the letters and bring them here and staff could hand them to the applicants, correct?

That is correct. I'll go ahead and state for the record that I was offered that. However, the last time I asked staff to do that, I was reprimanded in an executive session by not all members of this council, but members of council for utilizing staff resources that did not include all of town council because their names weren't all on the letter.

Okay, but that suggestion, that came from you, Ms. Rachel?

So just for the record, that to me seems like a perfectly reasonable approach to how to deal with this situation of dealing with, again, minors or high schoolers' personal information. That seems... you did a good job, thank you.

So I think I do think that it boils down to again there is no policy here we're just making it up because you think that I should not have and I'm not saying you Rachel, but you think I should not have access to some information there's no law that's been cited. There's no policy there's no procedure. I think we've exhibited that that exist in many areas across how policies that we don't actually have a policy to substantiate some made up practice that apparently we have. So I think I'm entitled to the information. I can certainly be safeguarded to write someone a letter. I don't know exactly

Before I say, go ahead. Please. You go ahead. Go ahead.

You had quite a few comments, though, in executive session, if you would like to add those.

So I'm going to close out with saying something. I have four daughters and ten grandchildren. And I can tell you this. Some of them would have a problem with you getting information. Some of them would not. It's just the way it is. Some of the parents are not going to want you to contact their children and have their personal information. Some of my kids wouldn't care. just you know they just wouldn't so it's kind of a fine line there i mean i haven't asked my four daughters which ones are which i could pretty much tell you by the way they raise their children but some of them would have a pro

No, that's fine. I mean, I think the position's been made clear. We've had the discussion here. And just to close out, I didn't want a political theater. I just wanted to exhibit that we have no policy. A rule is just being made up. And this is yet another indication that we need to look at our town policies and procedures so that we can codify things. If there was a procedure or a policy passed by council that prohibited this, I would respect that because it was passed. But this was just a rule that was made up because I requested some information that someone thinks I should not have which I

hold on if i may just speak to that briefly i think that i've heard a few times that you're looking for a rule to preclude you from doing something and i think as one of the attorneys sitting up here i want to say that there's a good faith and fair dealing requirement there's a good faith standard there's a negligent standard like That kind of supersedes any and all of this, or it fills in the gaps. So to say there must be a statute or ordinance that prevents me from getting certain information, I'm going to tell you, we would talk about limited government. We'd fall over with the amount of bo

Thank you for the sentiment. I do respectfully disagree with you. Madam Mayor, if I may just ask one final question and I'll conclude. Does council have any issue with me preparing letters and giving them to staff to be delivered?

You can hand them to yourself on the 21st when they're here.

Sure. Just want to make sure on the record.

That was a lot. So, We'll have policies and procedures to update in October. We'll have a list. We'll get some stuff off the books that don't need to be there. We'll put some new stuff on the books that's better. Well, things will be redacted that are private information going forward. We have lots of things that are coming forward to do correctly. Correct? Yes, Mayor. And thank y'all for y'all's work and all you did. And thank you, all of your staff, for working hard. Are there any additional comments from the public regarding a specific agenda item listed tonight? Come to the microphone and

Thank you, Ms. Paula. Anyone else? Any questions from the news media? I don't think we have any. Staff, any questions or comments from y'all? Any questions or comments from council? Hearing none, on September the 22nd, Mayor's Storytime in the Park will be held at 10.30 a.m. in Virginia Hilton Park. There's always fun for both kids and adults, so come out and join us. The free fall concert series at Ice House Amphitheater has started. Concerts are held every Thursday at 6.30 p.m. through October the 8th. Come out and enjoy some great music and fun. Lexington's Week of Restaurants starts this w