[0:00] Good evening. I would like to welcome [0:02] everyone to the town of Lexton council [0:04] work session this evening, August the [0:06] 17th, 2026. [0:09] Work [snorts] sessions are less formal [0:11] business meetings that enable council to [0:13] obtain information regarding issues from [0:16] staff members and/or consultants. [0:18] Citizens are encouraged to observe work [0:20] sessions. However, they do not include [0:23] public hearing comments. Council does [0:26] not take an action vote during a work [0:28] session other than to place an item on [0:30] the next council meeting. [0:33] I am Hazel Livingston, the mayor of the [0:35] town of Lexon, and I'd like to introduce [0:37] my fellow council members. To my left is [0:39] council member Ron Williams. [0:41] >> Good evening. [0:42] >> To his left is council member Todd Lau. [0:44] >> Good evening. [0:45] >> To his left is council member Jenny [0:47] Michaels. [0:47] >> Good evening. [0:48] >> To my right is Mayor Pro Tim Todd KS. [0:51] >> Good evening. To his right is council [0:53] member Gavin Smith. [0:54] >> Good evening. [0:55] >> And to his right is council member Will [0:57] Allen. [0:57] >> Good evening. [0:58] >> At this time, I would ask Mayor Proim KS [1:01] to lead us in our invocation for [1:03] tonight. [1:05] >> Thank you, Madame Mayor. Let's pray. [1:09] Father, we uh pause a moment here before [1:12] you before we [1:14] try to handle the business of this town [1:16] and ask for your favor on this town. ask [1:19] for your favor on us as leaders and uh [1:23] we want a great, prosperous, peaceful, [1:28] just town and we definitely need your [1:31] wisdom to pull that off. So we ask for [1:33] that. Thank you for all the things you [1:35] provided thus far and we pray for these [1:38] things not only for our town but for our [1:41] state and our nation and our world. We [1:44] pray this all in Jesus name. Amen. [1:47] >> Amen. At this time, I'd like to ask [1:49] Council Member Smith to lead us in the [1:51] pledge. [1:55] » I pledge algiance to the flag of the [1:58] United States of America and to the [2:00] republic for which it stands, one nation [2:04] under God, indivisible, with liberty and [2:07] justice for all. [2:14] » At this time, I will call the meeting to [2:16] order. [2:18] Council met in executive session prior [2:21] to this meeting where we discussed the [2:23] following matters. [snorts] Three [2:25] personnel matters. Discussion of two [2:27] contractual items related to information [2:30] technology. [2:32] Discussion of a contractual item related [2:34] to parks and community services and [2:36] discussion of potential property [2:38] acquisition. No vote was taken. Do I [2:41] hear a motion to ratify this report? [2:44] >> So moved. [2:45] >> Councilman [2:47] Williams makes the motion. [2:49] >> Second. [2:50] >> Mayor Proim seconds it. Is there any [2:52] discussion? [2:55] Hearing none. All those in favor, raise [2:57] your right hand. [snorts] And it is [2:59] unanimous. [3:01] Are there any deletions of items from [3:03] tonight's work session agenda? [3:08] Okay, moving right into our business [3:10] items tonight. Our first business item [3:13] is from planning and building director [3:16] Jessica Libran. [3:19] [snorts] [3:20] First of all, welcome tonight and [3:22] congratulations on your big passing your [3:24] test today. [3:25] >> Thank you very much. [3:26] >> Oh, congrats. [clears throat] [3:28] >> Um, good evening. Hope y'all are doing [3:30] well. The Gates family has submitted the [3:33] attached request that was in your packet [3:35] regarding future development of their [3:37] property. The primary request is for [3:39] town council to consider allowing a [3:41] [snorts] future residential developer of [3:43] the property to access town water and [3:45] sewer utilities without annexation into [3:48] the town. The family has also identified [3:50] other potential options for council's [3:52] consideration related to the future use [3:54] and development of the property. These [3:56] options are outlined in the attached [3:58] correspondence and the family and their [4:01] representatives are here tonight should [4:04] you have any questions or discussion [4:06] with staff. [4:10] » Does anyone have any questions of staff? [4:17] » Yes, madame mayor. [4:18] >> Yes. Jessica, [4:20] have we ever received a request like [4:22] this [snorts] previously to your [4:24] knowledge and you just passed your uh [4:27] your big uh national certification? [4:30] Uh are there any are there any [4:34] standards? I mean certainly we we [4:35] haven't in my 14 years. So I just is [4:38] there any context there that you can [4:40] deliver from your planning and zoning [4:42] background? I have not received any [4:44] requests um like this during my time [4:46] here or previously before here. Um [4:49] typically those will would follow [4:53] um a request for annexation. Utilities [4:56] are would require that. [5:00] >> Thank you, [5:03] >> Madame Mayor. [5:04] >> Yes, sir. In the correspondence we [5:06] received uh it states that international [5:09] paper company had made a somewhat a [5:12] similar request uh requested water and [5:14] sewer utility access without annexation [5:17] and was uh granted such is that [5:19] accurate. [5:20] >> Um I actually looked into that just so [5:22] that I would have some historical [5:24] knowledge. Um based off of their utility [5:27] account they opened the account in June [5:29] of 1993. Um, I did pull a copy of our [5:32] annexation map that's available online [5:35] and it appears that we were not [5:37] contiguous at the time that they [5:38] connected to services. Um, based off of [5:41] the information that I have just from [5:43] speaking with other um, staff members, I don't believe at that time we were [5:48] making people sign annexation [5:50] agreements. I don't have that like a [5:53] written policy on when that started, but [5:55] I believe that that is why we have not [5:59] that's why they were not annexed at the [6:01] time that they signed on for our [6:02] utilities. [6:03] >> And I know that it that annexation [6:06] policy that we required people to sign [6:09] came shortly after I came on council. It [6:12] >> okay. [6:12] >> It was actually caused probably of Hope [6:14] Perry Plantation is what caused us to [6:17] have that letter. Okay. [6:18] >> So, we started putting the letter in [6:20] place then. and Gavin to where they had [6:22] to [snorts] sign that they would come in [6:26] if they were contiguous. [6:27] >> Based off the annexation map, Zinker [6:29] Road was annexed in December of 1993, [6:33] which would have been the closest to [6:35] this property, but that was se several [6:37] months after the utility accounts were [6:40] established. [snorts] [6:41] >> Okay. Thank you. [6:47] » Any other questions? [6:52] Madame Mayor. Yes, sir. Can [6:53] >> I just ask one clarifying question? So, [6:55] if we were as council to approve this, [6:59] >> am I correct in stating that we would be [7:01] creating an exception that had not been [7:05] created before? [7:07] >> In my time with the town, and to my [7:09] knowledge, this has not been granted [7:11] previously. [7:12] >> Okay. And that is because currently it [7:14] is contiguous with town boundaries. [7:17] >> Correct. [7:18] >> Okay. Thank you. [7:20] >> And if we did that, we would be setting [7:22] it up for everybody to be able to [7:24] request and do this. Correct. [7:27] >> Potentially. Yes. [7:28] >> Okay. [7:43] Does anyone [7:45] want to make a motion or [7:49] make a motion? [7:51] >> So, I guess that it does for right now. [7:58] Thank you, Jessica. [8:01] Next up, we have the street light [8:04] ordinance update from administrator. [8:15] Thank you, Mayor. [8:19] Town ordinance [8:22] 154.06.15 [snorts] [8:23] 06.15 [8:24] is related to street lights and it [8:27] establishes the requirements for [8:28] residential street light installation in [8:31] the process by which the town assumes [8:33] responsibility for the street light [8:35] operating costs. Staff is currently in [8:38] receipt of a couple requests for [8:40] subdivision street lights to be assumed [8:42] by the town and is working through those [8:45] processes. At the same time, staff [8:48] recognizes that the ordinance that [8:50] governs our street lights, it dates to [8:52] 1986. [8:54] As such, it's about time for us to [8:56] update the ordinance uh to reflect [8:59] current lighting standards, technology, [9:02] safety considerations, and community [9:05] needs. And frankly, so that we can [9:07] evaluate the applications [9:10] um against modern standards. [9:13] staff at this time recommends a [9:15] comprehensive review and modernization [9:17] of the ordinance and we are willing to [9:20] bring an updated or a redlinined [9:22] ordinance for council to review as early [9:25] as the September 2026 council work [9:27] session for your review and [9:29] consideration. [9:31] In your agenda packet provided for you [9:34] is [snorts] the copy of the town [9:37] ordinance. It's rather short. Um, I'm [9:40] happy to answer any questions that you [9:42] all have related to the ordinance or any [9:45] of the um the thoughts that staff has [9:49] brainstormed to date related to updating [9:51] the ordinance. [9:54] [snorts] [9:55] >> With that, does anybody have any [9:57] questions? I think this one is just for [9:58] information for now and then you'll be [10:00] bringing it back for September work [10:01] session. [10:02] >> Yes, mayor. Okay. Yes. Does anybody have [10:05] any questions? [10:06] >> Yes, madame mayor. [10:07] >> Okay. Go ahead. I'm sure you suspected. [10:09] Um, so I look back in my email [10:11] correspondence and for transparency [10:13] purposes um I think and correct me if [10:16] I'm wrong that I'm where this originated [10:19] from. Um, I was serving in uh my [10:23] neighborhood [snorts] actually Sterling [10:24] Bridge uh was uh HOA president at the [10:27] time. We were going through our budget [10:29] and I noticed a line item for street [10:31] lights and that triggered my memory that [10:33] hey I believe we have an ordinance that [10:35] we actually pay for this. Also for [10:37] transparency I no longer serve in that [10:39] capacity. I'm not on the HOA board and I [10:40] am just [snorts] a resident. Um but [10:43] obviously um this has lingered. Staff [10:45] has continued to do work. Um as I stated [10:48] I brought this to staff last year [10:49] October 22nd, 2025 is this f first email [10:52] correspondence. So we're about a year [10:55] now. Um, I can speak only for uh the [10:58] Sterling Bridge neighborhood that we we [11:00] spend about 39 $40,000 a year. Um, and [11:05] um, we have never received any kind of [11:06] reimbursement. Um, and what I hear from [11:09] staff is that there are many [11:11] neighborhoods across town that may find [11:14] themselves in the same situation. Um, so [11:16] I understand that you'll be doing a [11:19] comprehensive audit to determine how [11:22] many neighborhoods that is, what are the [11:24] financial implications, but I would also [11:27] ask at this time, I mean, we've [11:28] obviously identified a few [11:30] neighborhoods. I understand. [11:32] Um, would we be tableabling [11:35] how we want to proceed with those? Um, [11:38] as far as I mean, I can speak for a [11:40] couple of neighborhoods. it appears that [11:42] we should have been paying for street [11:43] lights that we haven't been paying for. [11:47] How would how how does staff recommend [11:48] handling that in this moment? [11:51] >> Well, so okay, there's a number of [11:53] questions there. So, at this point, the [11:56] applications that we've received, we are [12:00] not taking action on now because they [12:03] wouldn't meet the [snorts] current [12:05] ordinance requirements. So, we wouldn't [12:07] take the lights because they don't match [12:09] what our ordinance states. So, one of [12:12] the there are many reasons that staff [12:15] wants to bring this back, and I can walk [12:17] through them for you. Um, first, as I [12:20] mentioned, um, this was established in [12:22] 1986, and our standard street lights are [12:26] listed here. And I I don't know that [12:29] that's the standard that we need to [12:31] continue to have. It's 2026. There are a [12:35] number of neighborhoods that have [12:37] different types of lights and there may [12:39] be better lights. We need to look into [12:41] that so that we're making sure that [12:44] we're funding the most appropriate [12:46] street lights. If if our modern [12:48] neighborhoods don't fit the standards [12:51] from 1986, [12:53] then by ordinance, we wouldn't take in [12:55] any of the new street lights. [12:57] >> [snorts] [12:57] >> Furthermore, um it states that it should [13:00] be installed at a rate of one light per [13:03] six lots. If you think back into 1986, [13:08] the subdivision lots were larger than [13:11] what they are today. Most newer [13:13] neighborhoods, you might be looking at [13:15] a/4 acre um per lot. And so if six lots [13:19] previously were a halfacre each, you'll [13:22] have fewer number of street lights than [13:24] if you look at quarter acre lots. Um so [13:28] we want to look at that and make sure [13:30] are we lighting appropriately. We don't [13:32] want to overlight nor do we want to [13:34] underlight for safety purposes. Um [13:37] furthermore, we need to look at how we [13:40] define a subdivision or a neighborhood. [13:43] Um, most folks think of a larger [13:46] subdivision with an HOA, very clearly [13:49] defined and signed. Um, but we have [13:53] other areas that were once a large [13:55] parcel that were subdivided into maybe [13:58] five, 10 homes or town homes. Does that [14:01] constitute a subdivision? Would we uh [14:04] would the town take over those lights? [14:06] So, those are the number of things that [14:08] we need to look at and make [14:10] recommendations for. In addition to your [14:12] point um taking into consideration [14:15] cost consideration uh we can bring that [14:18] and we will let staff evaluate make [14:22] recommendations uh so we can move [14:24] forward. Our intent in doing this as [14:27] well is so that we have an ordinance [14:30] that generally fits most neighborhoods [14:33] as opposed to have to coming back with [14:35] oneoffs or special exceptions. If we [14:38] have an ordinance where we're always [14:39] having to make exceptions, is it really [14:41] an effective ordinance? That's that's [14:43] the other aspect. The goal would be that [14:45] we have an ordinance that fits the [14:47] general purpose of what council wants [14:49] for the community and we're not having [14:52] to come multiple times um in front of [14:54] you on an annual or other regular basis [14:57] to request you all to make an exception. [15:00] >> Understood. Thank you. Um and then one [15:03] follow-up question. Um, so I understand [15:05] that some of the neighborhoods have more [15:09] ornamental uh fixtures as opposed to the [15:12] standard uh light, which I believe is [15:15] called a HPS, high-pressure sodium [15:17] light. [15:18] >> Um, and [15:21] >> it uh cost uh a little bit more to [15:24] operate that light. Yes. Um, so have we [15:28] set a precedent um in any other [15:30] neighborhoods for funding a portion of a [15:34] higher or more ornamental light and then [15:37] the neighborhood being responsible for [15:38] the difference? [15:39] >> Not to my knowledge. No, that that was [15:41] definitely an area that needed to be [15:43] addressed. We recognize that. [15:44] >> Okay. All right. Um well, I know we'll [15:48] look forward to receiving information [15:50] back on this. Um, [15:52] >> and and I do want to acknowledge, I know [15:54] you said the time frame of the email [15:57] that the first correspondence and stuff. [16:00] We also had to depend on Dominion and [16:03] their time frame of getting us back all [16:07] of the lights of physically checking all [16:10] of the lights and making sure we're [16:12] responsible for all of them and what was [16:13] on and what wasn't as far as our system. [16:16] So, that is some of the reason it took [16:19] so long. I do believe [16:21] >> that's correct, mayor. And based on just [16:24] an initial review, if there's any [16:25] council comments of things that you [16:27] might like to see adjusted, I'm happy to [16:29] hear them now. Um, or if you'd like to [16:31] subsequently send an email, for example, [16:33] if you think it should be one light per [16:36] seven lots or five lots, any sort of of [16:38] red lines like that, we're happy to take [16:40] that into consideration as we prepare [16:42] the recommended red lines. [16:45] >> Madame Mayor, [16:45] >> yes, sir. I would be in favor of us not [16:48] paying for street lights of [16:49] neighborhoods. I think they can pay for [16:51] their own street lights. [16:53] >> Okay. Thank you, [16:58] » Madame Mayor. [16:59] >> Yes, sir. [17:00] >> So, I guess for a point of [17:01] clarification, and we can come back with [17:04] this later, but would that council [17:06] member Lau pertain to all the [17:08] neighborhoods that we currently pay for [17:10] and we stop paying for those or we're [17:12] just not taking any new ones? Yeah, I [17:14] was not aware until this recently that [17:16] we were paying for any of those. And I [17:18] feel like that's a a due that is [17:21] uh easily collectible and more rightly [17:24] collectible by the members of that [17:26] neighborhood. So just like any new [17:28] neighborhood that's got amenities, they [17:30] can collect a few extra dollars to pay [17:32] for their street lights and not the [17:33] taxpayers who choose not to live in a [17:35] neighborhood with street lights. [17:38] Feel like it's more appropriately born [17:40] by those who would benefit from it and [17:41] not from everyone. [snorts] [17:43] Is it not a developmental standard [17:45] though? [17:46] >> I don't believe it is. [17:48] >> I believe it was incorporated with our [17:50] >> to be paid for. [17:51] >> Um [17:53] I can't speak to that, but I I believe [17:55] it was incorporated and we may have to [17:57] ask Jessica the um the number of street [17:59] lights per lot, [18:01] >> right? But that's not a requirement that [18:03] we pay for. So just like we require a [18:04] developer to put sidewalks in a [18:06] neighborhood, we're not going to offer [18:07] to pay for them. We're just going to [18:08] make that a requirement. [18:09] >> Correct. So, we can require street [18:10] lights, but that doesn't mean we have to [18:12] pay for it. It's a decision the [18:13] developer makes. And just like a pool, [18:15] if you don't want to pay for a [18:16] neighborhood pool, you don't buy a house [18:18] in a neighborhood with a pool. Or if you [18:20] don't mind paying for one, you buy one [18:22] that has a pool and you don't mind that [18:24] cost. But I just don't think the [18:26] taxpayers who don't live in a [18:27] neighborhood should pay for the street [18:28] lights of [snorts] others. [18:30] >> Uh, I guess my follow-up question to [18:32] that then would be I've [snorts] been on [18:34] council for three years and every year [18:36] comes before us. The next agenda item, what? Number four, I guess [18:41] tonight or number three. [18:43] >> And if I my recollection serves me [18:45] correctly, we've all voted in the [18:47] affirmative to pay for Pilgrim Point [18:49] Street lights. So to say that we didn't [18:52] know, I think we did know. Um we're not [18:56] just paying for one neighborhood's [18:58] street lights. [19:00] Just wanted to offer that point of [19:02] clarification. [19:04] >> Understood. and um Pilgrim Point. The [19:07] next item is a prime example of a [19:10] neighborhood that does not meet the [19:11] requirement or the the standard of the [19:14] ordinance, if you will. Um it's a ne [19:16] this neighborhood and then we have at [19:17] least one others. They have privately [19:19] maintained roads and at some point [19:21] historically um the town has heard their [19:24] request uh to provide reimbursement for [19:26] lighting and because a formal exception [19:30] was not carved out or the ordinance [19:31] wasn't updated annually the neighborhood [19:34] submits the request for reimbursement. [19:37] So at any point in time council can [19:39] decide to [19:41] pay for it or council can decide to not. [19:44] So that would be another reason why [19:45] we're updating the ordinance. So, should [19:48] we hold the next item until we get this [19:51] ordinance updated so we can make sure [19:53] we're treating everybody the same? [19:56] [snorts] [19:56] >> You most certainly can. Yes. And I I [19:58] would like to point out that um this has [20:00] happened with this particular item [20:02] previously [20:04] >> as well. It was tabled until we could do [20:07] further research and have more [20:09] discussion. So, we can certainly do that [20:11] with this item as well. [20:12] >> Okay. And then the other thing is when I [20:15] was talking to you about this one day, [20:17] at first you didn't think there was a [20:19] president, but it is not uncommon for [20:21] municipalities to pay for street lights [20:24] in communities. [20:25] >> Correct. It's not uncommon. Every [20:29] community has their own standards um by [20:31] which they they set for payment of [20:34] lights. I I can't say off the top of my [20:37] head how we compare to others. Um, but I [20:40] did a a quick check on regional [20:43] communities and how much they pay. For [20:44] example, um, the town in this budget [20:47] year, FY27, we budget $400,000 for [20:50] expenditures of our street lights. Um, [20:53] so as we take a look at what more we [20:56] take on into the town system, that could [20:59] make a major budget impact into the [21:01] future. And based on my comparison to [21:04] other cities, we're fairly in line um [21:07] with what others are paying um [21:09] considering the size of city and number [21:11] of households. [21:13] >> Madam Mayor, [21:14] >> yes. [21:15] >> So that [clears throat] was going to be [21:16] my question is we we budgeted 400,000. [21:20] Do we know the cost that we've spent at [21:24] this point on street lights? And if so, [21:27] um as we add new neighborhoods, [21:29] obviously that goes up. But do we know [21:31] what that cost is exactly? [21:33] >> Well, so we we budget annually [21:36] essentially based on what we paid the [21:38] year prior. We have not brought on new [21:41] street lights aside from a town project [21:44] where we would have additional um street [21:47] lights or area lights probably not a [21:49] neighborhood for example for a number of [21:51] years. So we've been fairly steady and [21:54] we we just adjust. This year I believe [21:56] was the first time it broke 400,000. So [21:59] what we budget is based on what we pay [22:03] the prior year. [22:04] >> Gotcha. [22:04] >> Yeah. [22:06] >> And and I will say the the 400 does [22:08] include not only subdivision lights, but [22:11] also um lights on our properties or or [22:15] other areas that we would maintain. [22:18] >> Council member Williams. [22:20] >> So [22:23] I've received several calls from some [22:24] neighborhoods that want to add more [22:25] lights to their neighborhood and I [22:27] reached out to you. you know, what do we [22:28] do? Um [22:32] I going back to revisiting this [22:34] ordinance, I think we're going to have [22:34] to look at it more as of um we might [22:38] need need some guidance from the [22:40] Dominion on how far apart they ought to [22:41] be. [22:41] >> Yes. [22:42] >> Because to your point of lot sizes. [22:44] >> Yeah. [22:44] >> We certainly can't put this subdivision [22:46] with a light every six houses and just [22:48] apply that standard to every size [22:50] subdivision [22:51] >> because some of those lights will be so [22:52] bright you play football. [22:54] >> Yes. So, um [22:55] >> because they'd be LED or and I sorry to [22:58] interrupt, but furthermore, um we also [23:01] would need to define [23:04] >> that the lights need to be in the right [23:05] of way. Um we have some neighborhoods [23:09] where the public lights are actually on [23:12] personal property. [23:13] >> Why, I'm not sure. there there would be [23:16] more research into the specific [23:18] situations, but [23:21] the town should not be paying for a [23:23] light that's on someone's private [23:24] property. So, there's there's a number [23:26] of of issues related to that. [23:29] >> Well, I just I'll look for for y'all to [23:31] bring us back a bunch of information. [23:33] Sounds like it's going to open up uh [23:35] Pandora's box when we start on this one. [23:38] >> Madame Mayor. [23:39] >> Yes, sir. [23:39] >> I just want to ask one further thing. [23:42] So, we require by ordinance currently a [23:47] street light per six lights or per six [23:50] lots. Um, if I'm correct? Um, [23:54] and if we did away with the town paying [23:59] for said street lights and there's not [24:01] an HOA, who bears the cost of that? [24:05] >> That's something that we would have to [24:07] determine [24:07] >> because we require it. Somebody's got to [24:09] pay for it. I don't know who pays for it [24:12] and maybe there is a reasonable answer [24:13] to that. I I don't know. I'm not in the [24:16] development world. Um but I guess my [24:19] next question would be to follow up on [24:21] that moving forward. If [snorts] we have [24:26] new neighborhoods come into town, but [24:28] there is not going to be an HOA, [24:31] how do we enforce those street lights [24:33] being maintained? Do we require them be [24:35] on private property and we require that [24:39] property owner to pay for them? What is [24:42] our mechanism to make sure that [24:44] individuals are in compliance with the [24:46] ordinance? Um I I think that could be [24:50] opening Pandora's box as well. And then [24:53] you don't have to come up here and say [24:55] anything, Chief, but I would imagine [24:56] that there is some public safety [24:58] component to having these street lights [25:00] in neighborhoods. Um, I am certainly in [25:03] favor of evaluating where the lights are [25:06] located and what type of lights there [25:07] are because my neighborhood is a prime [25:09] example of lights actually being not in [25:11] the right of way and people's rooms [25:14] being lit up by street lights that they [25:16] have no control over. Um, so [25:20] I think I've made all the points that I [25:21] wanted to make on this, but [25:23] >> so with you saying that, and I'm not [25:26] picking on Sterling Bridge, but just [25:28] with him saying that, if when we rewrite [25:31] this and we decide to keep moving [25:32] forward and stuff, if they are in [25:35] somebody's yard, are they going to stay [25:37] there and that homeowner is going to pay [25:39] for it, which is what used to happen, or [25:43] it goes on the homeowner's bill, or do [25:45] they have to have them moved? [25:48] meaning [25:50] >> I would be very opposed to forcing a [25:54] homeowner to move a light that we as the [25:58] town approved and I I suppose and [26:00] Jessica you could tell me if I'm wrong [26:01] on this but we approved that in final [26:03] plot approval right where all those are [26:04] at and [snorts] I mean do we have any [26:07] say so in that do we look at that [26:12] now we're just forcing more cost on a [26:15] homeowner I feel like they should kind [26:16] going to be grandfathered in and fix [26:18] this moving forward. [26:19] >> To further open Pandora's box, um [26:24] this is in the land development [26:25] ordinance. It's been there since what 99 [26:28] I believe. Um so we have always it's in [26:32] my time with the town have always punted [26:35] street lights to the transportation [26:38] department for review during final [26:40] review. I don't know that we have a plan [26:43] on file of where those were located and that's just being transparent and [26:48] honest. Um so that is something that I [26:51] would recommend in the future to avoid [26:54] having issues like because I personally [26:56] looked into that one that you're talking [26:58] [snorts] about. Um to avoid that. [27:02] >> Um this is definitely something we need [27:03] to look into. [27:04] >> So if it's in our land development [27:06] ordinance, it only relates to the number [27:09] of lights per households. Correct. So [27:12] that would that portion would go also to [27:15] planning commission. [27:17] >> The the Yes. So the street light [27:18] ordinance per state law planning [27:20] commission because it's in our land [27:22] development or ordinance planning [27:23] commission would need to provide a [27:24] recommendation to town council on any [27:27] changes to that ordinance. So then [27:31] essentially if we continue [27:34] the [snorts] process of paying for the [27:36] street lights, we would want to separate [27:39] that ordinance from [27:42] your [27:43] >> I would recommend that. Yes. If [27:45] especially if you're going to make it a [27:46] development [27:48] standard and then a town policy or [27:51] procedure for what they're willing to [27:53] take on for m regular repair, [27:55] maintenance, and paying for. [27:58] And then one last question for you. In [28:00] [snorts] the land development ordinance, [28:03] does it specify the type of street [28:05] lights or is it just the number of [28:06] lights per [28:08] >> it? It is that excerpt that you have. [28:10] >> Okay. [28:11] >> Thank you, [28:13] >> Madame Mayor. [28:13] >> Yes, sir. [28:14] >> Can I just ask whoever looks into this, [28:16] can uh can they take a look at solar? [28:19] >> Okay. [28:20] >> To be [28:22] >> solar lights [28:23] >> to to allow solar lights to be installed [28:25] in residential. Yeah. How How far is [28:28] that technology down the road? I would [28:29] think that technology is far enough down [28:31] the road that solar street lights would [28:33] be a a great long-term viable solution, [28:37] but I don't know, but we should look. [28:38] >> Okay, this is definitely a multi-dep [28:42] departmental task. Um, I know there's a [28:45] number of directors in the room and not [28:47] in the room who have all had opinions [28:48] and want the ability to weigh in on [28:51] this. [28:51] >> And I'm sure you're going to hear a lot [28:52] of opinions from up here. [28:58] So, do we have to make a motion to since [29:01] that that was an FY, but our next item, [29:04] do we have to make a motion to table it [29:06] or can we just table it or move it to [29:08] our work next work session to go along [29:10] with [29:12] the ordinance? [29:13] >> Madame Mayor, [29:14] >> this is asking for reimbursement, right? [29:16] >> Correct. [29:17] >> Yeah. I'm not in favor of retroactively [29:20] imputing some penalty on some [29:22] neighborhood. [29:23] >> [snorts] [29:23] >> any any recommendation that I would have [29:25] to shift that cost to the homeowners [29:27] would be some date in the future, give [29:30] them due process rights and then let it [29:32] carry forward. So I I don't know that we [29:33] need to punt this one because this is a [29:35] backay issue, right? [29:37] >> So this particular one is a neighborhood [29:39] that has private roads that would not [29:42] ordinarily would we pay for their street [29:44] lights. And so this particular [29:46] neighborhood, they bear all of the cost [29:48] for their street lights. And then every [29:50] once a year they submit to us a [29:52] reimbursement request for a portion of [29:55] the lights to be reimbursed [29:57] >> based on the ordinance or the policy. [29:59] >> Uh technically speaking it does it does [30:02] not meet our ordinance. At some point [30:05] historically this and another [30:07] neighborhood have come to council saying [30:09] hey we have private roads and there's a [30:11] benefit that you provide to town [30:12] residents that we don't get. Would you [30:14] be willing to at least reimburse a [30:16] portion? and council has historically [30:18] agreed to do that. [30:19] >> Yeah. My my advice would be again based [30:21] on habit and custom that we should carry [30:23] that forward till we put them on notice [30:24] that we're not going to do that. [30:25] >> I understand [30:26] >> that that's my point. If we're going to make a sweeping [30:29] decision to update a 20 plus year old [30:32] ordinance based on changing the um [30:39] the electronic um means LEDs versus you [30:43] know incandescent or solar like all [30:46] these changes should be some line in the [30:48] sand going forward. So I don't my advice [30:50] would be that we don't punt on this. Uh [30:52] is this Pilgrim Point or is this [30:54] >> this is Pilgrim Point? [30:55] >> Yes, this is Settler's Point and Pilgrim [30:57] Point. That's the two neighborhoods I [30:58] believe [30:58] >> where Settlers Point has not been taken [31:00] in. [31:00] >> Moro Vis is new. [31:02] >> Yes. [31:03] >> Yeah. So they we'd add them to the list. [31:05] I know that [31:06] >> this is Pilgrim's Point and they've been [31:08] being reimbured since 2009. [31:11] >> Yeah. So I I would be in favor of not [31:13] telling them surprise, you're not [31:15] getting reimbursed after the fact. I [31:17] think that should be a going forward [31:18] issue so they can make an informed [31:20] decision on whatever decision we make. [31:23] So, okay. Tonight, um the action [31:26] requested for you all because this is [31:28] work session um [31:29] >> is to put it on the agenda. [31:31] >> To put it on September. [31:32] >> Make that motion then. [31:34] >> Yeah. Yeah. Move to put that on the [31:37] agenda. [31:38] >> Do I hear a second? [31:40] >> Second. [31:42] >> Any discussion on this? You heard? [31:44] >> So, I guess Madame Mayor. [31:46] >> Yes, sir. [31:47] >> Yeah. So, I I don't necessarily disagree [31:50] with Council Member Lau. I mean, this is [31:52] the policy that's on the books. Uh, [31:54] we've made exceptions every year I've [31:55] been on council. But my question would [31:58] be, are we going to apply the same [31:59] standard to the neighborhoods such as [32:01] mine or the other neighborhoods that [32:03] have applied that are waiting for a [32:04] decision? I mean, I don't know when each [32:07] plat was approved for my neighborhood. I [32:10] could figure that out. But the the [32:11] ordinance is very clear that when the [32:13] plat is approved, [32:16] the town assumes responsibility for [32:18] operating costs. Uh, I can't remember [32:21] the exact language. Basically, for the [32:22] operating costs and [snorts] I think it [32:25] says maintenance costs. You could be [32:27] wrong on that. Um, are we going to take [32:30] up those applications and approve or [32:32] deny them? Because right now, I mean, [32:33] they're sitting before ours has been [32:35] sitting there since last October. [32:39] So, town staff would have to bring to [32:42] council the request uh to make a full [32:47] slate of exceptions and [32:50] we can do that um and council can vote [32:54] as they would like. The staff [32:56] recommendation was that we update the [32:59] ordinance so that we don't have a bunch [33:02] of one-off exceptions. depending on how [33:05] the ordinance is rewritten, you may not [33:07] need an exception. [33:09] >> So, from what I understand, Gavin, is [33:12] you would not meet this and I'm this is [33:14] what I've been listening and correct me [33:16] if I'm wrong, but [snorts] your [33:18] neighborhood would not meet the current [33:21] ordinance. So, you would have to request [33:24] say half just like they got approved in [33:26] 2009 [33:29] >> retroactively. Yes. But if we change the [33:31] >> but for yearly yearly. Yes. [33:33] >> But retroactively, there's an amount [33:36] arguably I mean, I'm sure someone [33:38] disputes it. Arguably [clears throat] [33:42] » that is owed to [33:45] >> many neighborhoods across town, not not [33:47] just one. Not this isn't just about my [33:50] neighborhood to be very clear. I mean, [33:51] I've heard from several neighborhoods uh [33:54] that didn't even know this existed, but [33:56] when you go look at the the code of [33:58] ordinances, it does. Now, I think you [34:00] make a very valid point. what is the [34:02] standard light now? Because back then it [34:05] was one light. Now in modern day times [34:07] that standard light is different. [34:10] >> So I apologize. I misunderstood what you [34:13] were saying. I didn't realize you were [34:14] referring to I believe what you were [34:16] saying was [34:18] the town would look retroactively for [34:20] how long your HOA has been paying for [34:24] street lights and if we would provide a [34:26] reimbursement [snorts] retroactively. [34:28] >> Just to be clear, it's not just my HOA. [34:30] any HOA that comes to the town and says, [34:32] "You you accepted our subdivision on [34:35] this date." [34:36] >> Yes. [34:36] >> But we have never received [34:37] reimbursement. And I I don't know. [34:39] There's probably some statute of [34:40] limitations or something there. I don't [34:42] know. But you accept it on this date. [34:45] We've never received the benefit of this [34:48] what the ordinance says. We'd like to be [34:50] reimbursed by that. Would this council [34:52] have to take up each one of those [34:54] decisions? [34:55] >> Um potentially. I I that that's the best [34:58] that I have right now is potentially um [35:01] >> this is not what this neighborhood did [35:03] is doing though, right? [35:05] >> No, Pilgrim Point that is not what Point [35:07] is doing. [35:08] >> I don't think we ever paid them [35:09] retroactive. We paid them starting from [35:13] 2009. If I remember correctly, [35:16] >> I wasn't on it. [35:18] >> Their letter states that in 2009 they [35:20] appealed to the town council for the [35:21] first time. Um, and [35:24] we've been doing this since 2009 for [35:26] them. So, I would I think staff needs [35:30] to, as far as the rest of the [35:32] subdivisions need to go, staff needs to [35:34] figure out how many lights that would [35:35] be, what that would cost the town, and [35:37] the council would have to decide if we [35:39] had the funds to [35:41] >> or if we had the uh ability to fund [35:45] that. [35:45] >> So, I'll have to ask Kathy for [35:48] clarification. [35:49] What I believe happens with Pilgrim [35:51] Point is they pay throughout a calendar [35:54] year for their street lights. At the end [35:56] of that year, they take that total. They [35:58] provide us proof of payment and the [36:01] formula that the town council has [36:05] approved of previously. We use that to [36:08] provide a reimbursement after they have [36:11] proven that they've paid all of their [36:13] private street lights. Is that correct, [36:14] Kathy? You [36:15] >> put it right. [36:19] They don't provide payment. They tell us [36:22] they have so many lights and they ask [36:24] for reimbursement. The letter they sent, [36:27] it's all they send. They don't send a [36:28] copy of it. [36:29] >> Okay. Thank you. [36:30] >> I thought Kathy, they used to years ago. [36:33] They may not anymore, but [36:34] >> hadn't in a while. [36:36] >> Okay. But but they they pay their bill [36:40] for a calendar year [36:41] >> and then at the close of that calendar [36:43] year, at the start of the new calendar [36:44] year, they submit the letter to us [36:46] saying, "Hey, this is what we paid last [36:49] year. This is the agreed upon amount [36:52] that the town has reimbured previously. [36:55] >> We pay them for the number of lots. I [36:59] don't know how many lights they have. I [37:01] don't know how many likes they have per [37:03] lot. We pay them based on six lots per [37:07] light and we pay the standard rate. [37:11] So I don't know, [37:12] >> okay, [37:13] >> what type of light they have. [37:15] >> I don't know if they're paying $50 a [37:18] light. We pay $26 per light for six lots [37:23] for 12 months. And that's the [37:25] calculation and that's what we send [37:26] them. I believe that they pay more than [37:29] that to Dominion. [37:32] >> Yes, I think so. I think you're right. I [37:34] I've seen that somewhere. Or maybe it [37:36] was the other neighborhood that had [37:38] private roads. Maybe that's what I'm [37:39] thinking of. They have shown us the [37:41] backup. Yes. [37:43] >> So, [snorts] I'm thinking, Gavin, maybe [37:46] we're confusing these two. Is do we hold [37:49] this up since we've done it since 2009 [37:52] while we're getting all the other [37:53] straightened out so we can do the other [37:55] neighborhoods because this is not a back [37:57] payment here. [37:59] >> I have no objection to moving forward [38:01] with Pilgrim Point. Okay. [38:03] >> Although we haven't advanced to that [38:04] agenda item to the best of my knowledge, [38:06] [snorts] I would say I have no objection [38:09] to that. I just would like to make a [38:10] point here that we did not we have to [38:13] the to your knowledge, Kathy, and sorry [38:15] to put you on the spot, we haven't gone [38:17] out and evaluated if their street lights [38:19] are HPS instead of LED, right? We just [38:24] they've made a request for [38:25] >> We pay them the the minimum the standard [38:27] rate. [38:28] >> Okay. I do think they were evaluated [38:31] years ago and they were [38:33] >> their roads are not we don't own their [38:35] roads. So, it's private property. We [38:37] don't own any of their roads and that's [38:41] one reason we do it this way is because [38:45] they're a private subdivision. The roads [38:47] are private. We don't own it. I don't [38:49] know if somebody went out there and [38:52] evaluated the lights or not. I [snorts] [38:54] didn't evaluate the lights. [38:58] I mean that's all I can tell you. [39:01] [snorts] [39:02] >> So I guess I was think saying g that the [39:05] back pay or the retropay or whatever [39:08] that would be discussed at a later time [39:10] not with this one right here. [39:11] >> Yeah. I mean I don't miss out at all. [39:12] >> Okay. Okay. I was just making sure we [39:14] were clear on that. Yes. [39:17] Mayor, we've made a motion in a second [39:19] to put this on the agenda, but um [39:23] la last point of discussion I'd like to [39:24] make is that could we possibly reach out [39:27] to them and ask them for a copy of their [39:28] bill so we can see what they actually [39:30] spent on uh for this particular [39:33] neighborhood that we are considering at [39:36] our next council meeting. [39:38] >> Yes, we can do that. [39:39] >> Thank you. [39:40] >> Any other discussion? And if not, I'm [39:42] going [39:44] ask for the all those in favor of [39:46] putting the Pilgrim Point reimbursement [39:49] for street lights on the agenda, raise [39:51] your right hand. [39:53] And it is unanimous. [39:57] Item number four, utilities director [40:00] David Wyman, discussion of proposed [40:02] cross connection control program. [40:04] Hopefully it will go one. [40:08] Um, [40:11] » good evening, Madame Mayor and Council. [40:14] Um, cross connection control program [40:17] helps protect the town's public drinking [40:19] water system by preventing contaminants [40:21] from entering the water supply through [40:23] backflow. Adoption of the program is [40:26] necessary to comply with federal and [40:28] state drinking water regulations, South [40:30] Carolina Department of Environmental [40:32] Services [40:33] >> requirements and applicable plumbing [40:35] codes. The proposed cross connection [40:38] control program included in the agenda [40:39] packet establishes the town's [40:42] requirements and procedures for [40:44] protecting the public water system. And [40:46] I am requesting review and approval to [40:49] place on the September 8th agenda. [41:04] » I'll make a motion. I should say does [41:06] anybody make a motion? Gavin makes the [41:08] motion. [41:10] >> I'll second. [41:12] >> Councilman Michael seconds it. [41:16] So to clarify, let's see. I see your [41:22] in here about 6 months. [41:26] They can get their own person though and [41:28] just give you proof, right? [41:30] >> They can. And then if their irrigation [41:33] is not going through or coming from the [41:37] town water, do they have to have one? [41:40] >> No. As long as the their personal [41:43] irrigation system is not connected to [41:46] the house plumbing. [41:47] >> Okay. [41:49] Anybody have any other questions? [41:54] » Well, you got off easy this time. All [41:57] those in favor of putting this on the [41:58] agenda, raise your right hand. [42:01] and it is unanimous. [42:04] Next up, you're up again is proposed [42:06] updates to town ordinance governing the [42:08] cross connection control program. [42:12] All right, [snorts] so in support of the [42:15] program, revisions to the town code are [42:17] necessary to ensure the ordinances are [42:20] consistent with the newly adopted [42:22] program and current regulatory [42:24] requirements. The proposed amendments [42:27] remove obsolete language, eliminate [42:30] references to agencies that no longer [42:32] exist, and update procedural [42:35] requirements to align with the revised [42:37] program. The proposed ordinance [42:40] amendments include revisions to section [42:42] 50.12 [42:44] A13 A and B and revisions to section [42:48] 15163B [42:52] which is in the agenda packet. [42:57] Um, [42:59] does anyone make a motion to put this on [43:01] the agenda? [43:02] >> So moved. [43:04] >> Mayor Pro Tim makes the motion. [43:06] Councilman Smith seconds it. Is there [43:08] any discussion on this? [43:13] Hearing none. All those in favor raise [43:15] your right hand and it will go on the [43:17] agenda. [43:19] >> Appreciate the painlessness. [43:21] >> Thank you, Madame Mayor. I'm sorry. I [43:24] have a procedural question um actually [43:26] for attorney David, not related to this [43:28] item. When we did the item number two [43:32] about the straight light ordinance [43:35] update, it was for information. Does [43:38] council need to take a vote for [43:41] information received or [43:43] >> we never have before? No. [43:45] >> Taking it as Okay. [43:46] >> Take it as information. [43:47] >> Okay. Thank you. [snorts] [43:52] With that, any questions from the public [43:54] regarding items listed on the agenda? [43:57] >> We got one more. [43:59] >> Huh? Did I miss one? [44:00] >> One more. [44:01] >> Kathy's got a counsel one for me. [44:03] >> Oh, I'm sorry. Why did I miss that? [44:07] >> Just kind of [44:08] >> Kathy, come on up here and tell us what [44:10] you got. [44:11] >> Um, this is just for your information. [44:13] We got the quote for the rate study. The [44:16] rate study was approved in the budget. [44:20] And this is Bill Zeberts. He's done our [44:23] rate studies in the past. I'm sure y'all [44:25] have all met him. He does a good job. [44:27] He's working with Carter and Schloop [44:28] now. The quote is for $69,000 and it is [44:32] budgeted in 27 budget. And I just want [44:35] to let y'all know that it was done [44:40] and I have [44:40] >> Anybody have any questions? [44:43] >> Um, yeah, just give me a second. [44:46] >> [laughter] [44:47] >> Yeah, that u I guess it's [44:49] forformational, so it's not anything we [44:51] vote on. Um I'd just be curious to know [44:55] what that what that fee was in 2021. [44:58] Last time we did it, [44:59] >> it was $90,000. [45:01] >> Um that's the one thing that went down [45:03] since [45:04] >> co [laughter] [45:07] or we he [45:12] moved closer. I'm not sure. I didn't ask [45:14] him why it went down. I was happy it [45:16] went down. [45:16] >> Yeah. Yeah. [45:18] >> Don't mention it. [45:19] >> Um [45:21] >> don't bring [45:22] >> All right. Yeah. I mean that it's just [45:25] that's a big deal. So I want I don't I [45:28] don't want to be in a position where he [45:30] walks in here one night and throws all [45:32] this up on the board and we're asked to [45:35] make some kind of decision. I I would [45:39] respectfully request that this gentleman [45:42] do his work and make some kind of [45:45] presentation to us that's forformational [45:48] purposes only and 30 [clears throat] [45:50] days later we'll take up [45:53] >> some type of conversation about it and [45:56] maybe 30 days later we actually take [45:59] action on it. Just don't it's always [46:01] rushed. We only do it every six years [46:04] and it's, you know, it's going to be a a [46:07] harder decision. So, I just respectfully [46:10] asked for that timeline to work out that [46:13] way. [46:14] >> Absolutely. I understand. Kathy, how [46:16] long will it take him? And I apologize [46:18] if it's in here. How long will it take [46:19] him to perform his work? [46:22] >> It will probably take him several [46:23] months. He's already given us the [46:25] information request, [snorts] so I just [46:26] need to sign the contract and start [46:29] getting the information together for [46:30] him. So we should probably I mean I [46:34] think he said 3 to four months but [46:37] >> but that's good to know that as well as [46:39] in conjunction to the request because um [46:42] the study I assume will propose rates [46:46] starting with FY28 [46:48] the the next budget year and we'll want [46:50] to make sure that we time it in line [46:52] with that. [46:53] >> Right. [46:54] >> Thank you. [46:56] >> Okay. [46:58] [snorts] [46:59] Now, any questions from the public [47:01] regarding the items listed on the [47:02] agenda? [47:05] Questions from the news media, which we [47:07] don't have [47:09] from council, [47:13] from staff, [47:18] mayor. Story time in the park is [47:20] tomorrow, August 18th, at 10:30 a.m. We [47:23] have a fun late morning plan for [47:26] families with story time, a phone party, [47:28] and a special visit from Chick-fil-A [47:31] cow. We'd love to see families from [47:33] across our community come out and join [47:35] us for a morning of stories, smiles, and [47:39] fun. If you haven't been, you need to [47:40] come join us. It's a lot of fun. A [47:43] reminder that the market at Ice House [47:45] takes place every Saturday morning. stop [47:47] by to shop local vendors offering fresh [47:49] produce, flowers, handmade goods, and [47:52] more. There will be another vision plan [47:54] public input meeting on August the 25th [47:57] at 5:30 at town hall. We invite everyone [48:00] to attend and share your input. If you [48:02] cannot attend, you can still participate [48:04] by completing our vision plan survey, [48:07] which will remain open through the end [48:09] of August. The survey is available on [48:11] our social media pages, website, and [48:14] other town communication channels. Your [48:17] input helps shape the future of our [48:19] community. And with closing, that [48:21] concludes our business for tonight's [48:23] work session. We thank you for watching. [48:25] And without objection, we're adjourned.