A G E N D ALEXINGTON COUNTY COUNCIL

Committee MeetingsMay 25, 2021

212 South Lake Drive, Lexington, South Carolina 29072Telephone: 803-785-8103 / FAX: 803-785-8101

In accordance with CDC guidelines regarding COVID-19, County Council Committee Room & Chambers will have a limited seating capacity to promote social distancing.

The County Council Committee Meetings will be available for public viewing on the following:1. Lexington County Spectrum Cable Channel 13022. County website at: https://www.lex-co.com/MeetingPortal/LexCoMeetingPortal.html

(Click on “Live Meeting” at the top of the page).

Committee Meetings are tentatively scheduled and may run behind or ahead of the listed time.

2:15 P.M. - 2:53 P.M. - ECONOMIC DEVELOPMENT, D. SUMMERS, CHAIRWOMAN

(1) March 23, 2021 Committee Meeting Minutes ..................................................................................................A(2) Update on Ordinance 20-28 - An Ordinance Authorizing Pursuant to Chapter 44 of Title 12, South Carolina

Code of Laws, 1976, as Amended, the Execution and Delivery of a Fee Agreement Between Lexington County, South Carolina and Allora Solar, LLC., Along with its Affiliates, and Related Entities as Sponsor, and Sponsor Affiliates, if any, to Provide for Ad Valorem Tax Incentives, Certain Special Source Revenue Credits, and the Amendment of Ordinance No. 95-12, as Amended, so as to Include the Related Project Property within The Park; and Matters Relating Thereto - EXECUTIVE SESSION - Contract Negotiation, Proposed Business or Industry Location / Expansion - SC Code 30-4-70 (A)(2)(5) - Economic Development - Sarah J. Johnson, Director

(3) Adjournment

2:53 P.M. - 2:58 P.M. - ADMINISTRATION, G. CONWELL, CHAIRMAN

(1) March 23, 2021 Committee Meeting Minutes ..................................................................................................B(2) Tyler Technologies Update - Chris Harmon, County Auditor; Jim Eckstrom, Treasurer(3) Adjournment

12:00 P.M. - 12:35 P.M. - PLANNING, C. WESSINGER, CHAIRWOMAN

(1) March 23, 2021 Committee Meeting Minutes ..................................................................................................C(2) Ordinance No. 21-08 - Zoning Map Amendment #M21-02 - 1st Reading - Community Development (Goal 1)

- Robbie Derrick, Director & Walt McPherson, Zoning Administrator ...........................................................D(3) Old Business

1. Intra-Governmental Agreement for the Town of Irmo with Richland County & Lexington County(4) Adjournment

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3:05 P.M. - 3:30 P.M. - PUBLIC WORKS/SOLID WASTE MANAGEMENT, D. HUDSON, CHAIRMAN

(1) March 23, 2021 Committee Meeting Minutes ..................................................................................................E(2) Whiteford Way Turn Lane Project at US 378 in the Town of Lexington (Goal 1) - Public Works - Michael

Spires, Director..................................................................................................................................................F(3) 301 Shareditch Rd Drainage (Goal 1) - Public Works - Michael Spires, Director...........................................G(4) Adjournment

3:30 P.M. - 4:15 P.M. - COMMITTEE OF THE WHOLE, T. CULLUM, CHAIRMAN

(1) March 23, 2021 Committee Meeting Minutes..................................................................................................H(2) County Council Summer Meeting Schedule for 2021 .......................................................................................I(3) Saluda River Greenway Extension - Irmo Chapin Recreation Commission - Mark Smyers, Executive Director(4) Ordinance 21-07 - An Ordinance Approving Wrecker Rotation - 1st Reading - Procurement - Madison Stack,

Director ..............................................................................................................................................................J(5) Resolution 21-04 - To Create a Commission Pursuant to The Capital Project Sales Tax Act, S.C. Code Ann.

4-10-300, ET SEQ.; To Provide for the Appointment, Composition, Duties and Responsibilities of Such Commission and to Provide for Other Matters Relating Thereto.......................................................................K

(6) Corona Virus Local Recovery Act - EXECUTIVE SESSION - CONTRACT NEGOTIATION - LEGAL BRIEFING - SC Code 30-4-70 (A)(2) - Lynn Sturkie, County Administrator

(7) Adjournment

MATTERS REQUIRING A VOTE AS A RESULT OF EXECUTIVE SESSION

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M A Y 2 5 , 2 0 2 1L E X I N G T O N C O U N T Y C O U N C I L C O M M I T T E E L I S T

ECONOMIC DEVELOPMENTD. Summers, Chairwoman

L. Brigham, Jr., Vice ChairmanD. HudsonG. ConwellT. Cullum

ADMINISTRATIONG. Conwell, Chairman

S. Whetstone, Vice ChairmanD. Summers

G. JonesT. Cullum

PLANNINGC. Wessinger, Chairwoman

B. Carrigg, Vice ChairwomanD. Hudson

D. SummersT. Cullum

PUBLIC WORKS \ SOLID WASTE MANAGEMENTD. Hudson, Chairman

S. Whetstone, Vice ChairmanL. Brigham, Jr.C. Wessinger

T. Cullum

COMMITTEE OF THE WHOLET. Cullum, Chairman

G. Conwell, Vice ChairmanS. Whetstone

L. Brigham, Jr.D. Hudson

D. SummersG. Jones

C. WessingerB. Carrigg

C O U N C I L C O M M I T T E E G O A L S

Provide for public services to the citizens of Lexington CountyManage growth to meet the needs of Lexington County

Provide innovative Financial Management

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A G E N D ALEXINGTON COUNTY COUNCIL

Council MeetingMay 25, 2021

212 South Lake Drive, Lexington, South Carolina 29072Telephone: 803-785-8103 / FAX: 803-785-8101

In accordance with CDC guidelines regarding COVID-19, County Council Committee Room & Chambers will have a limited seating capacity to promote social distancing.

The County Council Meeting will be available for public viewing on the following:1. Lexington County Spectrum Cable Channel 13022. County website at: https://www.lex-co.com/MeetingPortal/LexCoMeetingPortal.html

(Click on “Live Meeting” at the top of the page)

4:30 P.M. - COUNCIL CHAMBERS

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

CHAIRMAN'S REPORT

ADMINISTRATOR'S REPORT

APPOINTMENTS

(1) Boards and Commissions ..................................................................................................................................L

APPROVAL OF MINUTES

(1) March 23, 2021 Council Meeting ....................................................................................................................M

COMMITTEE REPORTS

HEALTH & HUMAN SERVICES, L. BRIGHAM, JR., CHAIRMAN(1) 2021 Local Emergency Management Performance Grant (LEMPG) Application - Emergency Services /

Preparedness......................................................................................................................................................N(2) 2021 Local Emergency Management Performance Grant (LEMPG) - American Rescue Plan Act (ARPA)

Application - Emergency Services / Preparedness ...........................................................................................O

JUSTICE, B. CARRIGG, CHAIRWOMAN

(1) Coronavirus Prevention Grant Application - Sheriff's Department ..................................................................P

4

PLANNING, C. WESSINGER, CHAIRWOMAN

(1) Ordinance No. 21-08 - Zoning Map Amendment #M21-02 - 1st Reading - Community Development ..........D

PUBLIC WORKS/SOLID WASTE MANAGEMENT, D. HUDSON, CHAIRMAN

(1) 127 Heatherton Ct. - District 4..........................................................................................................................Q

COMMITTEE OF THE WHOLE, T. CULLUM, CHAIRMAN

(1) County Council Summer Meeting Schedule for 2021 .......................................................................................I(2) Ordinance 21-07 - An Ordinance Approving Wrecker Rotation - Procurement ...............................................J(3) Resolution 21-04 - To Create a Commission Pursuant to The Capital Project Sales Tax Act, S.C. Code Ann.

4-10-300, ET SEQ.; To Provide for the Appointment, Composition, Duties and Responsibilities of Such Commission and to Provide for Other Matters Relating Thereto .....................................................................K

(4) Police Uniforms (Term Contract) - Sheriff's Department - Procurement .........................................................R(5) Engineering Consultant Services for US 1 County Dirt Road Paving - Public Works - Procurement .............S

BUDGET AMENDMENT RESOLUTIONS

BIDS / PURCHASES / RFPS

(1) Mini Hydraulic Excavator (Additional) - Public Works - Procurement ...........................................................T(2) Carpet Replacement - Administration Building - Building Services / Procurement ........................................U

6:00 P.M. - PUBLIC HEARING(S)(1) Ordinance 21-03 - An Ordinance Adopting an Annual Budget for Fiscal Year 2021-2022 ............................V(2) Ordinance 21-04 - An Ordinance Amending the County of Lexington Zoning Ordinance to Include Specific

Provisions for Solar Farm Land Uses ..............................................................................................................W(3) Ordinance 21-05 - An Ordinance Authorizing Pursuant to Chapter 44 of Title 12, South Carolina Code of

Laws, 1976, as Amended, The Execution and Delivery of a Fee Agreement Between Lexington County, South Carolina and Concentrated Active Ingredients & Flavors, Inc., Formerly Known as Project Cherry; The Addition of Property to a Multi-County Industrial Park; and Matters Relating Thereto..................................X

(4) Ordinance 21-02 - An Ordinance Establishing a Temporary Moratorium on Applications and Administrative Processing for Approval of Certain Large Scale Residential Subdivisions and Residential Attached Land Use Activities within the Unincorporated Area of Lexington County; and Invoking Application of the Pending Ordinance Doctrine ...........................................................................................................................................Y

EXECUTIVE SESSION / LEGAL BRIEFING IF NEEDED

MATTERS REQUIRING A VOTE AS A RESULT OF EXECUTIVE SESSION

ADJOURNMENT

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COUN TY OF LEXIN GTONPUBLIC WORKS DEPARTMEN T

M E M O R A N D U M

DATE: May 14, 2021

TO: Lynn Sturkie, County Administrator

FROM: Michael Spires, Director of Public Works

RE: Whiteford Way Turn Lane Project at US 378 in the Town of Lexington (Goal 1)

The Town of Lexington has proposed an intersection improvement project at Whiteford Way and US 378. The proposed redesign would remove an existing median to make room for an additional left turn lane. The construction would include demolition and removal of the existing median, grading, curb removal and reset, milling, repaving, and restriping.

The total estimated cost for this project is $80,000.

Requested Action: To be presented to the Public Works / Solid Waste Management Committee on May 25, 2021. If approved, we respectfully request that it be reported out to County Council at the next meeting for approval.

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COUNTY OF LEXINGTON

PUBLIC WORKS DEPARTMENT

M E M O R A N D U M

DATE: May 14, 2021 TO: Lynn Sturkie, County Administrator FROM: Michael Spires, Director of Public Works RE: 301 Shareditch Rd Drainage (Goal 1) Lexington County Public Works has been made aware of a drainage issue at Sharedith Rd in the Whitehall community. The drainage begins upstream of the County maintained road on private property at 301 Shareditch Rd in an open ditch and flows through pipe under the road and discharges near the rear of the parcel at 307 Shareditch Rd on private property. If the County is to perform repairs on this system, easements will need to be obtained from multiple property owners.

Requested Action: To be presented to the Public Works / Solid Waste Management Committee on May 25, 2021, for review and direction.

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L E X I N G T O N C O U N T Y C O U N C I L

C O U N T Y O F L E X I N G T O N

Brittany M. Shumpert, Clerk to Council 212 South Lake Drive, Suite 601

Lexington, South Carolina 29072

Telephone: (803) 785-8103 / Fax: (803) 785-8101

M E M O R A N D U M

TO: County Council

FROM: Brittany Shumpert, Clerk to Council

DATE: May 13, 2021

RE: Summer Schedule 2021 ____________________________________________________

The scheduled meeting dates for the upcoming summer months of July, August, and September

are as follows:

Council Meetings:

Tuesday, July 13 and Tuesday, July 27

Tuesday, August 10 and Tuesday, August 24

Tuesday, September 14 and Tuesday, September 28

County Offices will be closed on the following holidays:

Monday, July 5 in observance of Independence Day

Monday, September 6 in observance of Labor Day

Council discussed scheduling a Mid-year Strategic Planning Review in August.

The South Carolina Association of Counties (SCAC) Annual Conference is scheduled for

Thursday, July 29 through Tuesday, August 3, 2021.

If Council wishes to revise the July, August, and September meeting schedule, it would be helpful

to make a decision as soon as possible so staff may plan accordingly.

The Chairman may call a Special Called Meeting if needed during this timeframe.

Thank you.

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LEXINGTON COUNTY COUNCIL

SCHEDULED MEETINGS

CALENDAR YEAR 2021

All meetings are held in the Dorothy K. Black Council Chambers

located on the 2nd Floor of the County Administration Building.

Meetings are broadcast live on the Lexington County Spectrum

Channel 1302 and the Lexington County Video Web Portal under

Live & On-Demand Videos at www.lex-co.sc.gov.

Please note that dates are subject to change. If, needed, the Council

Chairman may call for a special meeting. To confirm meeting dates,

time, and place, please call (803) 785-8103 or check the County

website at www.lex-co.sc.gov.

Tuesday, January 12, 2021

Tuesday, January 26, 2021

Tuesday, July 13, 2021

Tuesday, July 27, 2021

Tuesday, February 9, 2021

Tuesday, February 23, 2021

Tuesday, August 10, 2021

Tuesday, August 24, 2021

Tuesday, March 9, 2021

Tuesday, March 23, 2021

Tuesday, September 14, 2021

Tuesday, September 28, 2021

Tuesday, April 13, 2021

Tuesday, April 27, 2021

Tuesday, October 12, 2021

Tuesday, October 26, 2021

Tuesday, May 11, 2021

Tuesday, May 25, 2021

Tuesday, November 9, 2021

Tuesday, November 23, 2021

Tuesday, June 8, 2021

Tuesday, June 22, 2021

Tuesday, December 14, 2021

Tuesday, December 28, 2021

If special accommodations are needed to participate in any of the

above listed public meetings, please contact the Lexington County

Council Office at (803) 785-8103 or the Clerk to Council, Brittany

Shumpert at bshumpert@lex-co.com at least two business days prior

to the scheduled meeting date.

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APPOINTMENTS

BOARDS & COMMISSIONS

May 25, 2021

DEBBIE SUMMERS

- Boards of Zoning Appeals – John Huffman – resigned 4/8/21 – term expires 12/31/21 –

pending qualified board nominee

TODD CULLUM

- Assessment Appeals – Robert Walter Price – term expired 9/21/16 – not eligible for

reappointment – pending qualified board nominee

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AT-LARGE:

ACCOMMODATIONS TAX ADVISORY BOARD

- Lisa Health (Hospitality) – term expires 12/31/21 – resigned 1/9/21 – pending qualified

board nominee

CENTRAL MIDLANDS COUNCIL OF GOVERNMENTS

- Jeffrey S. Salters – term expires 06/15/21 – eligible for reappointment – not will to serve

another term – pending qualified board nominee

HEALTH SERVICES DISTRICT BOARD

- 2 appointments vacant

MIDLANDS WORKFORCE DEVELOPMENT

- Michael R. Wuest – Governmental – term expires 06/30/21 – eligible for reappointment

– willing to serve another term

- Chip Fallaw – Representative of Community Based Organization – term expires

06/31/21 – eligible for reappointment

- Eddie Codgill – Private/Business Sector – term expires 06/30/21 – not eligible for

reappointment

WRECKER ROTATION BOARD

- Steven A. Smith – term expired 11/10/18 – not eligible for reappointment – pending

qualified board nominee

- Richard A. Adams – term expired 11/10/19 – not eligible for reappointment – pending

qualified board nominee

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C O M M I T T E E R E P O R T

RE: 2021 Local Emergency Management Performance Grant

(LEMPG) Application (Goal 1) – Emergency Services /

Preparedness

DATE: May 13, 2021

COMMITTEE: Health & Human Services

MAJORITY REPORT: Yes

The Health & Human Services Committee convened on Tuesday, May 11, 2021 to consider staff’s

request of the 2021 Local Emergency Management Performance Grant (LEMPG) Application

Request.

This Grant will be used to fund the position of the Emergency Communications Coordinator

(ECC). The annual cost for the position, including benefits is $73,298. This is third and final year

the position will be funded by the LEMPG, and will be reevaluated and considered for funding

through the General Fund in FY2022.

Grant funds in the amount of $5,936 will also be utilized to fund small tools, operating supplies,

uniforms, conferences, meetings, and training for the Emergency Communications Coordinator

and the Community Emergency Response Team (CERT).

The Health & Human Services Committee voted to recommend to full Council to approve staff’s

request of the 2021 Local Emergency Management Performance Grant (LEMPG) Grant

Application.

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C O M M I T T E E R E P O R T

RE: 2021 Local Emergency Management Performance Grant

(LEMPG) – American Rescue Plan Act (ARPA) Application

(Goal 1) – Emergency Services / Preparedness

DATE: May 13, 2021

COMMITTEE: Health & Human Services

MAJORITY REPORT: Yes

The Health & Human Services Committee convened on Tuesday, May 11, 2021 to consider staff’s

request of the 2021 Local Emergency Management Performance Grant (LEMPG) – American

Rescue Plan Act (ARPA) Application request.

Staff reported that the American Rescue Plan Act (ARPA) allocated additional funding for the

2021 LEMPG and Lexington County’s estimated award amount is $26,947.

Emergency Management seeks to purchase a mobile shower trailer to be utilized by shelterees

housed at the 432 Ball Park Road facility. Due to mobile capability, the shower unit may also be

utilized for HAZMAT decontamination of first responders.

The Health & Human Services Committee voted to recommend to full Council to approve staff’s

request of the 2021 Local Emergency Management Performance Grant (LEMPG) – American

Rescue Plan Act (ARPA) Application.

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C O M M I T T E E R E P O R T

RE: Coronavirus Prevention Grant Application (Goal 1)

DATE: May 12, 2021

COMMITTEE: Justice

MAJORITY REPORT: Yes

The Justice Committee convened on Tuesday, May 11, 2021 to consider staff’s request regarding

a grant application for the Coronavirus Emergency Supplemental Funding (CESF) Program.

Funds will be used to assist the Lexington County Sheriff's Department in preparation for

prevention of the virus is requesting health supplies to provide to the officers, the department, and

the Detention Facility for personal protection as a safety precaution.

Staff also reported that their current ventilation systems in the Detention Facility are in need of

enhancements, and that the ventilation systems are necessary to contain airborne contaminants

within the area so they will not escape into uninfected areas. By making the areas become

negatively pressurized areas, the airborne contaminants along with infectious diseases transmitted

by close contact or respiratory droplets from an infected person coughing or sneezing will be

contained.

The Grant application amount is $167,200 and is a 100% grant with no match required. The Grant

Award will be awarded in September, 2021.

The Committee moved to recommend full Council to approve staff’s request.

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C O M M I T T E E R E P O R T

RE: 127 Heatherton Ct. – District 4 (Goal 1) – Public Works

DATE: May 13, 2021

COMMITTEE: Public Works / Solid Waste Management

MAJORITY REPORT: Yes

Public Works / Solid Waste Management Committee convened on Tuesday, May 11, 2021 to hear

staff’s request regarding 127 Heatherton Ct. located in District 4 in Executive Session to receive a

Legal Briefing – SC Code 30-4-70 (A)(2).

When the Committee reported out of Executive Session, the Public Works / Solid Waste

Management Committee voted to recommend to full Council that the County continue to maintain

tax map number 005535-01-012.

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COUNTY OF LEXINGTON Procurement Services

MEMORANDUM (O) 785-8166

(F) 785-2240

DATE: May 13, 2021

TO: Lynn Sturkie

County Administrator

THROUGH: Madison Stack

Director of Procurement

FROM: Angela M. Seymour

Procurement Officer

SUBJECT: Police Uniforms – Term Contract

2021-IFB-24

Sheriff’s Department

Competitive Bids were solicited and advertised for a term contract for Police Uniforms for the Sheriff’s

Department. The County of Lexington received four (4) bids on April 13, 2021 (see attached Bid

Tabulation). On May 3, 2021, Designlab, Inc. notified Lexington County that they withdrew their submission

for line items (with subsequent lines) 1, 2, 6, 9, 10, 11, 12 and 17.

The bids were evaluated by Sylvia Dillon, Sheriff’s Department; Kirby McClendon, Sheriff’s Department;

and Angela M. Seymour, Procurement Officer. It is our recommendation to award the contract to US Patriot

Tactical as the responsive vendor. The annual cost for this contract is estimated at $240,816.81.

This Term Contract will be for a period of two (2) years with the option to renew for three (3) additional one

(1) year periods, if deemed to be in the best interest of the County.

I concur with the above recommendation and further recommend that this purchase request be placed on

County Council’s agenda for their next scheduled meeting on May 25, 2020.

COPY: Randy Poston, Chief Financial Officer

Jay Koon, Lexington County Sheriff

Major Robert W. Rolin, Sheriff’s Department

Major Robert Singleton, Sheriff’s Department

Sylvia Dillon, Budget and Finance Manager

Kirby McClendon, Assistant Budget and Finance Manager

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Total Price 9,690.50$ Total Price 37,493.10$ Total Price 230,075.10$ Total Price 240,816.81$

Line # Description QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended

1 Duty Shirts - Patrol - NO SUBSTITUTION - Price to include the cost to sew the patches on the sleeves, the epaulettes on shoulders, badge tab on left front and collars to shirt (Estimated Quantities)1 EA No Bid No Bid $73,968.00 $73,968.00 $78,384.00 $78,384.00

1.1 Stryke PDU Class B, Style# 71038,Short Sleeve Duty Shirt, Midnight Navy, S-4XL500 EA No Bid No Bid $61.84 $65.32

1.2 Stryke PDU Class B, Style# 72074, Long Sleeve Duty Shirt, Midnight Navy, S-4XL500 EA No Bid No Bid $61.84 $65.32

1.3 Women's Stryke PDU Class B, Style# 61018, Short Sleeve Duty Shirt, Midnight Navy, XS-XL100 EA No Bid $60.64 $65.32

1.4 Women's Stryke PDU Class B, Style# 62010, Long Sleeve Duty Shirt, Midnight Navy, XS-XL100 EA No Bid $60.64 $65.32

2 Duty Pants - Patrol - NO SUBSTITUTION - Price to include hemming (Estimated Quantities)1 EA No Bid No Bid $70,368.00 $70,368.00 $74,930.00 $74,930.00

2.1 Stryke PDU Class B, Style# 74427, Duty Pant, Midnight Navy, 30-601000 EA No Bid $58.84 $62.30

2.2 Women's Stryke PDU Class B, Style# 64402, Duty Pant, Midnight Navy, 2-20100 EA No Bid $57.64 $62.30

2.3 Women's Stryke PDU Class B, Style# 64402, Duty Pant, Midnight Navy, 16W-28W100 EA No Bid $57.64 $64.00

3 Dress Shirts - ALL OR EQUAL - Price to include the cost to sew the patches on the sleeves (Estimated Quantities)1 EA $5,242.90 $5,242.90 $5,917.20 $5,917.20 $4,761.20 $4,761.20 $5,604.10 $5,604.10

3.1 Men's Long Sleeve Shirt, Horace Small, HS1140, Dk. Navy, 14.5-20, 32-3880 EA $43.35 $46.22 $37.19 $44.99

3.2 Men's Short Sleeve Shirt, Horace Small, HS1238, Dk. Navy, 14.5-20.520 EA $34.71 $43.72 $34.74 $42.21

3.3 Women's Long Sleeve Shirt, Horace Small, HS1191, Dk. Navy, S-2XL20 EA $36.68 $45.40 $37.19 $36.93

3.4 Women's Short Sleeve Shirt, Horace Small, HS1293, Dk. Navy, S-2XL10 EA $34.71 $43.72 $34.74 $42.21

4 Dress Pants - ALL OR EQUAL - Price to include hemming (Estimated Quantities)1 EA $4,777.00 $4,777.00 $5,208.10 $5,208.10 $4,392.70 $4,392.70 $5,574.40 $5,574.40

4.1 Sentry Plus Dress Trouser, Horace Small, HS2149, Men's, Dk. Navy, 28-62100 EA $37.75 $42.22 $33.79 $42.88

4.2 Sentry Plus Dress Trouser, Horace Small, HS2481, Women's, Dk. Navy, 4-2430 EA $33.40 $32.87 $33.79 $42.88

5 Dress Ties - ALL OR EQUAL (Estimated Quantities)1 EA No Award No Award No Award No Award

5.1 Ties, Male, Samuel Broome, 90001-061, Dk. Navy Blue60 EA

6 Detention - NO SUBSTITUTION (Estimated Quantities)1 EA No Bid No Bid $18,295.00 $18,295.00 $17,495.00 $17,495.00

6.1 TDU Pant 74003, Navy Black, XS-4XL, Short/Regular/Long500 EA No Bid $36.59 $34.99

7 Training Uniforms -Price to include hemming and installing military creases (Estimated Quantities)1 EA No Bid $13,006.00 $13,006.00 $18,502.00 $18,502.00 $18,058.00 $18,058.00

7.1 Khaki Work Pant, 4 pocket (Non-Cargo), Poly/Cotton Blend, S-4XL400 EA No Bid $20.59 $20.74 $24.15

7.2 Khaki Work Shirt, 65/35 Poly/Cotton Blend, Short Sleeve, S-4XL200 EA No Bid $10.75 $24.74 $19.99

7.3 Khaki Work Shirt, 65/35 Poly/Cotton Blend, Long Sleeve, S-4XL200 EA No Bid $13.10 $26.29 $22.00

8 Special Units - Duty Uniforms - K-9 - NO SUBSTITUTION - Price to include hemming (Estimated Quantities)1 EA No Bid $3,203.20 $3,203.20 $3,327.20 $3,327.20 $3,136.00 $3,136.00

8.1 TRU-Spec, Ascent Pants 24-7, Navy, 30-42 40 EA No Bid $40.70 $40.99 $38.50

8.2 TRU-Spec 1/4 Zip Combat Shirt Poly/Cotton Rip Stop, Navy, XS-3XL40 EA No Bid $39.38 $42.19 $39.90

9 Duty Uniforms - Training Division/Marine Patrol - NO SUBSTITUTION - Price to include embroidery (Estimated Quantities)1 EA No Bid No Bid $1,318.20 $1,318.20 $1,323.24 $1,323.24

9.1 Taclite Pro Shirt, Style# 71175, Short Sleeve, Khaki, S-XL12 EA No Bid $41.99 $42.26

9.2 Taclite Pro Shirt, Style# 72175, Long Sleeve, Khaki, S-XL18 EA No Bid $45.24 $45.34

10 Duty Uniforms - Training Division/Marine Patrol - NO SUBSTITUTION - Price to include hemming (Estimated Quantities)1 EA No Bid No Bid $1,339.65 $1,339.65 $1,197.77 $1,197.77

10.1 Taclite Pro Shorts, Style# 73287, Dark Navy, 30-4412 EA $35.99 $32.75

10.2 Taclite Pro Pant, Style# 74273, Dark Navy, 28-5418 EA $39.99 $34.99

10.3 Taclite Pro Pant, Style# 64360, Dark Navy, 28-445 EA $37.59 $34.99

Global Trading, INC Galls, LLC (LLC) Designlab, Inc.** US Patriot Tactical

2021-IFB-24 Addendum 1 - Page 133

11 Duty Uniforms - SWAT/Narcotics - NO SUBSTITUTION - Price to include hemming (Estimated Quantities)1 EA No Bid No Bid $16,504.50 $16,504.50 $16,170.00 $16,170.00

11.1 TDU Rapid Assault, Style #72185, Multicam, S-3XL Reg100 EA $53.14 $51.22

11.2 TDU Rapid Assault, Style #72185, Multicam, M-2XL Long50 EA $53.14 $52.00

11.3 TDU Rapid Assault, Style #74350, Multicam, XS-5XL Reg100 EA $56.89 $56.32

11.4 TDU Rapid Assault, Style #74350, Multicam, S-3XL Long25 EA $56.89 $56.32

11.5 TDU Rapid Assault, Style #74350, Multicam, XS-XL Short25 EA $56.89 $56.32

12 Duty Uniforms - Negotiators - NO SUBSTITUTION - Price to include hemming (Estimated Quantities)1 EA No Bid No Bid $3,879.35 $3,879.35 $4,078.00 $4,078.00

12.1 Stryke PDU Class B, Style# 74427, Duty Pant, Ranger Green, 30-6045 EA $60.19 $62.30

12.2 Women's Stryke PDU Class B, Style# 64402, Duty Pant, Ranger Green, 2-205 EA $58.54 $62.30

12.3 Women's Stryke PDU Class B, Style# 64402, Duty Pant, Ranger Green, 16W-28W15 EA $58.54 $64.20

13 Hats - NO SUBSTITUTION (Estimated Quantities)1 EA No Bid $1,238.00 $1,238.00 $1,389.00 $1,389.00 $1,295.00 $1,295.00

13.1 TRU Spec Contractors Cap, Multicam, OSFM 100 EA $12.38 $13.89 $12.95

14 Dickies - NO SUBSTITUTION - Price to include embroidery (Estimated Quantities)1 EA No Bid $1,754.00 $1,754.00 $1,447.50 $1,447.50 $612.50 $612.50

14.1 Flying Cross Dickie, Dk. Navy, XS-5XL 50 EA $35.08 $28.95 $12.25

15 Turtleneck - NO SUBSTITUTION - Price to include embroidery of "LCSD" in gold (thread number 8425 or 4495C) on collar (Estimated Quantities)1 EA No Bid $877.00 $877.00 $596.00 $596.00 $700.00 $700.00

15.1 Flying Cross F1 57010, Turtleneck, Dk. Navy, XS-6XL25 EA $35.08 $23.84 $28.00

16 Investigator Jackets - NO SUBSTITUTION - Price to include embroidery of LCSD badge on Left Front (Estimated Quantities)1 EA No Bid $1,906.00 $1,906.00 $1,829.60 $1,829.60 $1,736.00 $1,736.00

16.1 Port Authority Textured Soft Shell Jacket, Style# J705, S-4XL40 EA $47.65 $45.74 $43.40

17 Deputy Hi-Viz/Reversible Jackets -ALL OR EQUAL- Price to include screening "SHERIFF" on back and right front(Estimated Quantities)1 EA No Bid No Bid $3,565.60 $3,565.60 $5,424.80 $5,424.80

17.1 48095, Small Style Reflective Jacket, S-4XL 40 EA $89.14 $135.62

18 Deputy Jackets- ALL OR EQUAL - Price to include screening "Sheriff" on Back Flap and Front Right Chest (3"W x 1"H) Aligned with Badge Tab on the left chest side and Center to Pocket (Send a sample with bid submission)(Estimated Quantities)1 EA $4,447.60 $4,447.60 $4,383.60 $4,383.60 $4,591.60 $4,591.60 $5,098.00 $5,098.00

18.1 Horace Small, New Generation 3 Jacket HS3350, Dk. Navy, Reg. Long, XS-6XL40 EA $111.19 $109.59 $114.79 $127.45

19 Bailiff Jackets - NO SUBSTITUTION - Price to include hemming (Estimated Quantities)1 EA No Award No Award No Award No Award

19.1 Edwards Men's 100% Polyester Fully Lined Blazer, Red, Style# 3500-012, 36-50, Reg. Long5 EA No Award No Award No Award No Award

19.2 Edwards Women's 100% Polyester Fully Lined Blazer, Red, Style# 6500-012, 2-28, Reg. Tall5 EA No Award No Award No Award No Award

** Designlab, Inc. rescinded their bid for line items (with subsequent lines) 1, 2, 6, 9, 10, 11, 12 and 17.

2021-IFB-24 Addendum 1 - Page 234

COUNTY OF LEXINGTON Procurement Services

MEMORANDUM (O) 785-8166

(F) 785-2240

DATE: May 14, 2021

TO: Lynn Sturkie

County Administrator

THROUGH: Madison Stack

Director of Procurement

FROM: Angela M. Seymour

Procurement Officer

SUBJECT: Engineering Consultant Services for US 1 County Dirt Road Paving

Public Works

We received a purchase requisition from Public Works for the engineering consultant services for US 1 Dirt

Road Paving. These surveying, design, utility coordination and inspection services will be procured under

Lexington County Contract number 2020-RFPQ-02 from Mead & Hunt. Michael Spires, Director of Public Works has reviewed and recommended these procurements. The total cost

for these services, including applicable sales tax, is $108,577.60.

Funds are appropriated in the following account:

Account Number Account Description Account Balance Requisition Amount

1000-121300-5R0270 US 1 County Dirt Road Paving $135,000.00 $108,577.60

I concur with the above recommendation and further recommend that this purchase request be placed on

County Council’s agenda for their next scheduled meeting on May 25, 2021.

copy: Randy Poston, Chief Financial Officer

Michael Spires, Director of Public Works

Brent Hyatt, County Engineer

Derrick Pratt, “C” Funds Manager

35

COUNTY OF LEXINGTON Procurement Services

MEMORANDUM

(O) 785-8166

(F) 785-2240

DATE: May 14, 2021

TO: Lynn Sturkie

County Administrator

THROUGH: Madison Stack

Director of Procurement

FROM: Angela M. Seymour

Procurement Officer

SUBJECT: (1) Mini Hydraulic Excavator (Additional)

State Contract # 4400018638

Public Works

Bids and Purchases

We are in receipt of a purchase requisition from the County of Lexington’s Public Works Department for

the purchase of one (1) additional mini hydraulic excavator. This equipment is being procured from

Blanchard Machinery through South Carolina State Contract Number 4400018638.

Michael Spires, Director of Public Works has reviewed and recommend this purchase. The total cost

including applicable sales tax for this purchase is $62,040.42.

Funds are appropriated in the following account:

Account Number Account Description Account Balance Requisition Amount

1000-121300-5AK534 (1) Mini Excavator $62,040.42 $62,040.42

I concur with the above recommendation and further recommend that this purchase be placed on County

Council’s agenda for their next scheduled meeting on May 25, 2021.

Copy: Randy Poston, Chief Financial Officer

Michael Spires, Director of Public Works

Frank Powers, Director of Fleet Services

36

COUNTY OF LEXINGTON Procurement Services

MEMORANDUM

(O) 785-8166

(F) 785-2240

DATE: May 19, 2021

TO: Lynn Sturkie

County Administrator

THROUGH: Madison Stack

Director of Procurement

FROM: Angela M. Seymour

Procurement Officer

SUBJECT: Carpet Replacement – Administration Building

Lexington County Contract #2020-RFPQ-06

Building Services

Bids and Purchases

We are in receipt of a purchase requisition from the County of Lexington’s Building Services for the

replacement of the carpet in the Administration Building. This service is being procured from O’Neal

Flooring Service under Lexington County Contract #2020-RFPQ-06.

Billy Crouch, Director of Building Services has reviewed and recommend this purchase. The total cost

including applicable sales tax for this purchase is $310,341.85.

Funds are appropriated in the following account:

Account Number Account Description Account Balance Requisition Amount

1000-111300-5AK539 Carpet Replacement – $310,342.00 $310,341.85

Administration Building

I concur with the above recommendation and further recommend that this purchase be placed on County

Council’s agenda for their next scheduled meeting on May 25, 2021.

Copy: Randy Poston, Chief Financial Officer

Billy Crouch, Director of Building Services

37

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the County Council of Lexington County will conduct a Public

Hearing on May 25, 2021 at 6:00P.M. (or as soon thereafter as can be heard) in the Dorothy K.

Black Chambers located on the Second Floor of the County Administration Building, 212 South

Lake Drive, Lexington, South Carolina. The purpose of the Public Hearing is to receive public

comments on Ordinance 21-03 – “AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL

YEAR 2021-2022.”

In addition, the Public Hearing will be held electronically in a virtual environment. Those wishing

to provide written public comments may do so by visiting the Lexington County Council section of

the Lexington County website address of www.lex-co.com. Anyone who wishes to submit

comments will need to save the form to your device and email the form to countycouncil@lex-

co.com. Additionally, comments may be emailed to countycouncil@lex-co.com or mailed to the

Clerk of County Council at 212 South Lake Drive, Lexington, SC 29072. All comments should be

submitted by 2:00 p.m. on Monday, May 24, 2021. All public comments will be read aloud during

the Public Hearing and included in the minutes of the County Council meeting. The Public Hearing

will be livestreamed on the County’s website by visiting the Meeting Portal. The Public Hearing is

also available on Spectrum Cable Channel 1302.

The information presented below is submitted to be in compliance with section 6-1-80 (A) and 6-1-

80 (B) of the South Carolina Code of Laws, 1976, as amended.

A copy of the Ordinance is available for review at the County from the Clerk of Lexington County

Council at 803-785-8103 or by email at BShumpert@lex-co.com. A copy of the Ordinance can also

be viewed on the Lexington County Website (www.lex-co.com) under County Council and will be

available for viewing the Friday before the Public Hearing.

If special accommodations are needed to participate in the Public Hearing, contact the Lexington

County Council office at 803-785-8103 or BShumpert@Lex-co.com.

M. Todd Cullum

Chairman

Lexington County Council

38

Lexington County Council Public

Hearing Comment Form

Ordinance No. 21-03

“AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2021-2022”

**Comments can be submitted on Ordinance 21-03 until 2:00pm May 24th**

Download, complete, and email form to countycouncil@lex-co.com

Name: *Required field

Address: *Required field

Contact information:

☐In favor of

☐In opposition of

Comments:

If more space needed for comments, please use the following pages

Comments Continued:

39

Comments Continued:

40

1

ORDINANCE 21-03

AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2021-2022

WHEREAS, South Carolina Code§ 4-9-120 and § 4-9-130 require that County Council shall

adopt an annual budget; and

WHEREAS, the annual budget shall be based upon estimated revenues and shall provide

appropriations for County operations and debt service for all County departments and agencies.

NOW, THEREFORE, be it ordained and enacted by the Lexington County Council as follows:

SECTION 1 - GENERAL

The Fiscal Year 2021-2022 County budget for Lexington County, South Carolina, a copy of which is

attached hereto and incorporated herein by way of reference, is hereby adopted.

SECTION 2 - COUNTY-WIDE TAX LEVY

There shall be levied, for County operations and for County designated millage agencies (Midlands

Technical College) on all taxable property in Lexington County, sufficient taxes to fund the referenced

budget in the number of mills allowed in Code Section 6-1-320.

County Ordinary 24.557

Law Enforcement 33.593

Fire Service 21.069

Library 5.919

Solid Waste 7.544

Indigent Care .479

Total County Operating Millage 93.161

Midlands Technical College 2.833

Midlands Tech - Capital 1.339

SECTION 3 - DEBT SERVICE TAX LEVY

The County Auditor is hereby authorized and directed to levy millages for all County and special district

debt service funds in amounts sufficient to retire their respective debts.

41

2

SECTION 4 - SPECIAL PURPOSE DISTRICT TAX LEVY

There shall be levied, for the special purpose districts (Lexington County Recreation and Aging

Commission, Irmo-Chapin Recreation Commission, and Irmo Fire District) on all taxable property in their

respective districts, sufficient taxes to fund their respective budgets in the number of mills, allowed in

Code Section 6-1-320.

Lexington Recreation Commission 11.728

Irmo-Chapin Recreation Commission 12.682

Irmo-Fire District 19.325

Hollow Creek Watershed 1.529

SECTION 5 - BUDGETARY ESTIMATES

Anticipated revenues are stated as estimates and the respective appropriations are maximum and

conditional. Should actual funding sources for any such fund be less than projected, the Administrator

shall reduce budgeted expenditures attributable to said fund.

SECTION 6 - BUDGETARY CONTROL

Departments and/or other organizational units are bound to the appropriated expenditures incorporated

herein. Upon the written request of the department head, the County Administrator, or his designated

representative, is hereby authorized to effect transfers between line items.

On January 26, 2016, Lexington County Council approved the Lexington County Financial Management

Practices, also known as the Fiscal Policies. These policies are used as a guide for financial management

practices and procedures. The policies will be reviewed on an annual or as needed basis to make sure that

they stay current.

SECTION 7 - LINE ITEM CARRYOVERS

Any line items previously appropriated and/or properly encumbered as of June 30, 2021 shall be carried

forward as an appropriation of fiscal year 2021-2022 upon the recommendation of the County

Administrator, and by passage of a budgetary amendment resolution by County Council.

SECTION 8 - NEW GRANTS

Grant funds applied for or received after the budget year, and therefore not stated in this budget ordinance,

shall, by passage of a budgetary amendment resolution by County Council authorizing the acceptance of

the grant and its appropriations, be accounted for in appropriate special revenues funds. The specific grant

provisions shall direct the manner of expenditure of these funds.

SECTION 9 - OTHER MISCELLANEOUS RECEIPTS

Revenues other than those originally budgeted may be expended as directed by their respective revenue

source after they are accepted and appropriated by the County Council by passage of the budgetary

amendment resolution. Such funds include, but are not limited to, contributions, donations, special events,

insurance and similar recoveries. These funds may be appropriated for any costs or overruns or new

projects upon approval of County Council.

42

3

SECTION 10 - LINE OF CREDIT AUTHORIZATION

From time to time it may be necessary for the administration of the County (or any other agency for which

the County levies taxes) to borrow in anticipation of tax revenues to guarantee continuity in regular

operations. To provide for such contingencies, the administration of the county (or the respective agencies)

is hereby authorized to borrow in anticipation of ad valorem tax collections. Such authorization may only

be exercised upon certification of need by both the County Treasurer and the Chief Financial Officer (or

the CEO of the agency) and any amount borrowed must be obtained at the lowest possible interest rate

and repaid as quickly as practical.

SECTION 11 - All appropriations, except those appropriations required by law, are subject to the

availability of funds.

SECTION 12 - SEVERABILITY

If for any reason any provision of this Ordinance shall be declared invalid or unconstitutional, such shall

not affect the remaining provisions of this Ordinance.

If for any reason any provision of this Ordinance shall be declared invalid or unconstitutional, such shall

not affect the remaining provisions of this Ordinance.

This Ordinance shall become effective July 1, 2021.

Enacted this __________ day of ______________, 2021.

{SEAL}

_____________________________________

M. Todd Cullum, Chairman

ATTEST:

_____________________________________

Brittany M. Shumpert, Clerk

First Reading: April 27, 2021

Public Hearing: May 25, 2021

Second Reading: ______________

Third Reading: ______________

Filed with the Clerk of Court: ___________

43

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the County Council of Lexington County will conduct a Public Hearing

on May 25, 2021 at 6:00P.M. (or as soon thereafter as can be heard) in the Dorothy K. Black Chambers

located on the Second Floor of the County Administration Building, 212 South Lake Drive, Lexington,

South Carolina. The purpose of the Public Hearing is to receive public comments on ORDINANCE 21-04

– “AN ORDINANCE AMENDING THE COUNTY OF LEXINGTON ZONING ORDINANCE TO INCLUDE SPECIFIC

PROVISIONS FOR SOLAR FARM LAND USES.”

In addition, the Public Hearing will be held electronically in a virtual environment. Those wishing to

provide written public comments may do so by visiting the Lexington County Council section of the

Lexington County website address of www.lex-co.com. Anyone who wishes to submit comments will

need to save the form to your device and email the form to countycouncil@lex-co.com. Additionally,

comments may be emailed to countycouncil@lex-co.com or mailed to the Clerk of County Council at

212 South Lake Drive, Lexington, SC 29072. All comments should be submitted by 2:00 p.m. on

Monday, May 24, 2021. All public comments will be read aloud during the Public Hearing and included

in the minutes of the County Council meeting. The Public Hearing will be livestreamed on the County’s

website by visiting the Meeting Portal. The Public Hearing is also available on Spectrum Cable Channel

1302.

A copy of the Ordinance is available for review at the County from the Clerk of Lexington County

Council at 803-785-8103 or by email at BShumpert@lex-co.com. A copy of the Ordinance can also be

viewed on the Lexington County Website (www.lex-co.com) under County Council and will be available

for viewing the Friday before the Public Hearing.

If special accommodations are needed to participate in the Public Hearing, contact the Lexington County

Council office at 803-785-8103 or BShumpert@Lex-co.com.

M. Todd Cullum

Chairman

Lexington County Council

44

1

Lexington County Council Public

Hearing Comment Form

Ordinance No. 21-04

“AN ORDINANCE AMENDING THE COUNTY OF LEXINGTON ZONING ORDINANCE TO

INCLUDE SPECIFIC PROVISIONS FOR SOLAR FARM LAND USES”

**Comments can be submitted on Ordinance 21-04 until 2:00pm May 24th**

Download, complete, and email form to countycouncil@lex-co.com

Name: *Required field

Address: *Required field

Contact information:

☐In favor of

☐In opposition of

Comments:

If more space needed for comments, please use the following pages

Comments Continued:

45

2

Comments Continued:

46

ORDINANCE 21-04

AN ORDINANCE AMENDING THE COUNTY OF LEXINGTON

ZONING ORDINANCE TO INCLUDE SPECIFIC PROVISIONS FOR

SOLAR FARM LAND USES

47

WHEREAS, County Council finds that certain amendments need to be made to the County of Lexington Zoning Ordinance; and

NOW, THEREFORE, Be it ordained by County Council in its meeting duly assembled that the County of Lexington Zoning Ordinance is amended as follows:

ARTICLE 2 – APPLICATION OF REGULATIONS

Chapter 1. Schedule of Permitted Uses

21.10 Description of Principal Activities

Essential Services include all facilities which provide power, communications, or personal health protection and emergency services as specified below. Any such facility owned and/or operated by the Irmo Fire District is exempt from the provisions of this Ordinance, provided all locations are approved by Lexington County Council.

Essential Services (Limited) shall include communication equipment installations and exchanges, natural gas substations, electric substations, neighborhood newspaper distribution centers, solar farms, and post offices (excluding major mail processing centers).

Essential Services (Extensive) shall include government agency facilities, such as recycling stations, solid waste transfer stations, law enforcement stations, fire stations, ambulance substations, courts of law, and emergency communication stations.

Solar Energy Systems are energy generating facility, which utilizes a series of ground mounted solar collector panels within in an area for the generation of power or energy. This land use activity is commonly referred to as a solar farm. This land use activity does not include the installation of solar collection panels on the roofs of structures or solar collection panels intended to generate power or energy to individual entities.

21.30 Permitted Uses by District

21.31 Chart of Permitted Activities by District

Those activities that are marked by an asterisk (*) are allowed only when granted a special exception by the Board of Zoning Appeals as outlined in Article 15 of this Ordinance.

R1 R2 R3 D RA RD LC C1 C2 ID LR ACTIVITIES

Solar Energy Systems

Chapter 2. General Requirements 22.00 Street Classifications and Access

48

22.02 Chart of Permitted Access by Street Classification

The following chart designates the street classifications necessary to access each of the major activities. A principal activity which is restricted from access to a specific street classification may not locate where the activity is reachable only through the use of a street with such a restricted classification.

If a street right-of-way has been annexed by a municipality, the access necessary for a major activity will be determined by using the street classification in existence before the annexation.

There are limits placed on some activities allowed to access a Limited Local (LL) street classification. The last column in the chart describes the specific nature of these limits expressed in maximum number of dwelling units (DU) per acre.

A C L RL6 RL5 RL4 RL2 RL1 B LL & Max. Limits ACTIVITIES

Solar Energy Systems

Chapter 3. Buffering Restrictions

23.20 Buffer

A buffer is an area in which no activity is permitted other than necessary utility functions such as transmission lines, underground conduits, stormwater management devices, septic systems, etc. A single driveway access may encroach upon this buffer when that driveway location is the only possible point of access for the parcel. This area is described by a linear measurement from the property line inward and will vary depending on the nature of an activity and its location. The chart in Section 23.60 lists the required buffers. Land use activities where buffers are not required cannot encroach upon properties not approved for the activity or encroach upon a designated road right- of-way, unless otherwise permitted in this Ordinance. Required zoning buffers that are in a natural forested or wooded state shall remain as such, except for areas where necessary utilities and access must encroach upon this area. Buffer re-vegetation must conform to provisions of the Lexington County Landscape and Open Space Ordinance. The Zoning Administrator may require buffers to be clearly delineated, by an approved material, for activities where the buffer area is likely to be encroached.

23.40 Screening

Screening shall consist of natural vegetation and/or landscaped vegetation (including planted berms), walls, or fences designed to lessen the visual interaction between adjacent activities or accessories thereto. Vegetation used for screening must be evergreen, drought-tolerant, insect and disease resistant, and appropriate for the area. The two types of screening listed in the chart in Section 23.60 are total and partial, and are measured in linear feet. If the activity occurs within the designated distance of the property line, then the more restrictive screening is required to the extent of the combined linear distance of both the required total and partial screening. Total screening is defined as being visually opaque and must be adequately sized and placed to provide the necessary screen. Partial screening is defined as being approximately 50 percent visually opaque and should shall include the protection of naturally forested, wooded and/or vegetated areas.

Required plantings for total screening must be a minimum of 6-feet in overall height at planting and should be installed in at least two staggered rows. Required plantings to supplement natural vegetation for partial screening must be a minimum of 4 to 5 feet in overall height at planting and may be installed in a single row. The spacing of such plantings will vary depending on the plant

49

HEIGHT

(#/1)

BUFFER

SETBACK

ADJOIN.

PROP.

SETBACK

ROAD

R-O-W

TOTAL

SCREEN

PARTIAL

SCREEN

Solar Energy Systems *Buffers are required along street frontages in all districts. **All screening shall be vegetative screening.

R

¼

50*

75

50

75**

I

2

50*

species/variety, planting conditions, required opacity, and size of plants at installation. Smaller sized plantings, consistent with parking lot screening requirements regulated by the Lexington Landscape and Open Space Ordinance, may be considered for partial screening that is required for properties across a street. All vegetation installed to meet applicable screening requirements must supply the necessary screening within three growing seasons following installation. Vegetative screening may be installed in conjunction with street, buffer, and/or parking lot landscaping required by the Lexington County Landscape and Open Space Ordinance.

The use of fencing, wall, or landscaped berms may be considered by the Zoning Administrator for larger areas that require total screening or for the screening vehicle, craft, and/or scrap impoundment areas of, allowed residential accessory vehicles, and like activities. In all cases, the materials, height, and type of screening must be approved by the Zoning Administrator with factors such as topography, surrounding land uses, development acreage, and immediate environment taken into consideration. Tarpaulins and weed-control mesh shall not be used for screening. All screening must be located on-site of the land use required to provide the screening and must conform to applicable requirements of the Lexington County Landscape and Open Space Ordinance.

23.60 Chart of Maximum Buffering Restrictions

ACTIVITIES

COUNTY OF LEXINGTON ZONING ORDINANCE

NOW THEREFORE BE, it ordained by the Lexington County Council as follows:

Provisions in any other County Ordinance in conflict with this ordinance are hereby repealed. This

Ordinance shall be effective upon its enactment.

50

Enacted this day of , 2021.

LEXINGTON COUNTY

Todd Cullum

{SEAL} Chairman, County Council

ATTEST:

Brittany Shumpert, Clerk First Reading: April 13, 2021

Public Hearing: May 25, 2021

Second Reading: ___________

Third & Final Reading: __________

Filed with the Clerk of Court: ____________

51

HSB 6746058 v.1

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the County Council of Lexington County will conduct a

Public Hearing on May 25, 2021 at 6:00P.M. (or as soon thereafter as can be heard) in the Dorothy K.

Black Chambers located on the Second Floor of the County Administration Building, 212 South Lake

Drive, Lexington, South Carolina. The purpose of the Public Hearing is to receive public comments on

ORDINANCE 21-05 – AN ORDINANCE AUTHORIZING PURSUANT TO CHAPTER 44 OF

TITLE 12, SOUTH CAROLINA CODE OF LAWS, 1976, AS AMENDED, THE EXECUTION

AND DELIVERY OF A FEE AGREEMENT BETWEEN LEXINGTON COUNTY, SOUTH

CAROLINA AND CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC.,

FORMERLY KNOWN AS PROJECT CHERRY; THE ADDITION OF PROPERTY TO A

MULTI-COUNTY INDUSTRIAL PARK; AND MATTERS RELATING THERETO. In addition, the Public Hearing will be held electronically in a virtual environment. Those

wishing to provide written public comments may do so by visiting the Lexington County Council

section of the Lexington County website address of www.lex-co.com. Anyone who wishes to submit

comments will need to save the form to your device and email the form to countycouncil@lex-co.com.

Additionally, comments may be emailed to countycouncil@lex-co.com or mailed to the Clerk of

County Council at 212 South Lake Drive, Lexington, SC 29072. All comments should be submitted

by 2:00 p.m. on Tuesday, May 25, 2021. All public comments will be read aloud during the Public

Hearing and included in the minutes of the County Council meeting. The Public Hearing will be

livestreamed on the County’s website by visiting the Meeting Portal. The Public Hearing is also

available on Spectrum Cable Channel 1302.

A copy of the Ordinance is available for review at the County from the Clerk of Lexington

County Council at 803-785-8103 or by email at BShumpert@lex-co.com. A copy of the Ordinance can

also be viewed on the Lexington County Website (www.lex-co.com) under County Council and will

be available for viewing the Friday before the Public Hearing.

If special accommodations are needed to participate in the Public Hearing, contact the

Lexington County Council office at 803-785-8103 or BShumpert@Lex-co.com.

M. Todd Cullum

Chairman

Lexington County Council

52

1

Lexington County Council Public

Hearing Comment Form

Ordinance No. 21-05

“AN ORDINANCE AUTHORIZING PURSUANT TO CHAPTER 44 OF TITLE 12, SOUTH CAROLINA

CODE OF LAWS, 1976, AS AMENDED, THE EXECUTION AND DELIVERY OF A FEE

AGREEMENT BETWEEN LEXINGTON COUNTY, SOUTH CAROLINA AND CONCENTRATED

ACTIVE INGREDIENTS & FLAVORS, INC., FORMERLY KNOWN AS PROJECT CHERRY; THE

ADDITION OF PROPERTY TO A MULTI-COUNTY INDUSTRIAL PARK; AND MATTERS

RELATING THERETO”

**Comments can be submitted on Ordinance 21-05 until 2:00pm May 25th**

Download, complete, and email form to countycouncil@lex-co.com

Name: *Required field

Address: *Required field

Contact information:

☐In favor of

☐In opposition of

Comments:

53

3

Comments Continued:

55

1

NO. 21-05

ORDINANCE

AN ORDINANCE AUTHORIZING PURSUANT TO CHAPTER 44 OF TITLE 12, SOUTH

CAROLINA CODE OF LAWS, 1976, AS AMENDED, THE EXECUTION AND

DELIVERY OF A FEE AGREEMENT BETWEEN LEXINGTON COUNTY, SOUTH

CAROLINA AND CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC.,

FORMERLY KNOWN AS PROJECT CHERRY; THE ADDITION OF PROPERTY TO A

MULTI-COUNTY INDUSTRIAL PARK; AND MATTERS RELATING THERETO.

WHEREAS, Lexington County (the “County”), a public body corporate and politic

under the laws of the State of South Carolina has, by an Inducement Resolution adopted on April

13, 2021 (the Resolution”), taken official action to identify the project (as defined below) for

purposes of applicable fee-in-lieu of taxes statutes and otherwise;

WHEREAS, the County desires to enter into a fee agreement (the “Fee

Agreement”) with CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC. (the

“Company”), which shall provide for payments of fees-in-lieu of taxes for a project qualifying

under the provisions of Title 12, Chapter 44 of the Code of Laws of South Carolina 1976, as

amended (the “Act”);

WHEREAS, the County and the Company desire to enter into a Fee Agreement

concerning the location of a facility in the County which will consist of certain real property and

personal property including all equipment, furnishings and other personal property required by the

Company and any and all activities relating thereto (which properties constitute a project under

the Act and are referred to herein as the “Project”). The Project is expected to provide significant

economic benefits to the County and surrounding areas. In order to induce the Company to locate

the Project in the County, the County has agreed to charge a fee-in-lieu of taxes with respect to the

Project and otherwise make available to the Company the benefits intended by the Act;

WHEREAS, Lexington County Council (the “County Council”) has caused to be

prepared and presented to the County Council the Fee Agreement between the County and the

Company, which the County shall execute and deliver;

WHEREAS, as further inducement to the Company, the County will utilize an

existing Multi-County Industrial Park which will include the site of the Company’s property that

is subject to the fee-in-lieu of tax agreement (the “MCIP”) under the provisions of Article VIII,

Section 13 of the Constitution of the State of South Carolina of 1895, as amended (the “State

Constitution”), and Section 4-1-170 of the Code of Laws of South Carolina, 1976, as amended

(collectively, the “MCIP Law”);

WHEREAS, it appears that the documents above referred to are appropriate

instruments to be executed and delivered or approved by the County for the purposes intended;

NOW, THEREFORE, BE IT ORDAINED by the County Council in meeting

duly assembled as follows:

56

2

Section 1. Pursuant to the Act and particularly Section 12-44-40(H) and (I)

thereof, the County Council has made and hereby makes the following findings:

(a) The Project constitutes a “project” as said term is referred to and defined in

Section 12-44-30 of the Act;

(b) It is anticipated that the Project will benefit the general public welfare of the

County by providing services, employment and other public benefits not otherwise adequately

provided locally;

(c) The purposes to be accomplished by the Project are proper governmental and

public purposes;

(d) It is anticipated that the cost of planning, designing, acquiring, constructing and

completing the Project will require expenditures of not less than $5,000,000;

(e) The benefits of the Project to the public are greater than the costs to the public;

(f) Neither the Project nor any documents or agreements entered into by the County

in connection therewith will give rise to any pecuniary liability of the County or incorporated

municipality or to any charge against its general credit or taxing power; and

(g) Having evaluated the purposes to be accomplished by the Project as proper

governmental and public purposes, the anticipated dollar amount and nature of the investment to

be made, and the anticipated costs and benefits to the County, the County has determined that the

Project is properly classified as economic development property.

Section 2. In order to promote industry, develop trade and utilize the manpower,

agricultural products and natural resources of the State, the form, terms and provisions of the Fee

Agreement which is attached hereto and shall be executed and filed with the Clerk to County Council

and which comply with the terms of the aforementioned Inducement Resolution are hereby approved

and all of the terms, provisions and conditions thereof are hereby incorporated herein by reference

as if the Fee Agreement was set out in this Ordinance in its entirety. The Chair of County Council

and the Clerk to County Council be and they are hereby authorized, empowered and directed to

execute, acknowledge and deliver to the Company the Fee Agreement, together with such revisions

or changes as are not materially adverse to the County.

Section 3. The Chair of County Council and the Clerk to County Council, for and on

behalf of the County, are hereby each authorized and directed to do any and all things necessary to

effect the execution and delivery of the Fee Agreement in a form substantially identical to the terms

contemplated herein and the performance of all obligations of the County under and pursuant to the

Fee Agreement.

Section 4. The consummation of all transactions contemplated by the Fee

Agreement and a multi-county industrial park agreement are hereby approved.

57

3

Section 5. This Ordinance shall be construed and interpreted in accordance with

the laws of the State of South Carolina.

Section 6. The provisions of this Ordinance are hereby declared to be separable and

if any section, phrase or provision shall for any reason be declared by a court of competent

jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity of the

remainder of the sections, phrases and provisions hereunder.

Section 7. All orders, resolutions, ordinances and parts thereof in conflict herewith

are, to the extent of such conflict, hereby repealed and this Ordinance shall take effect and be in full

force from and after its passage and approval.

DONE, RATIFIED AND ADOPTED this ______ day of ___________, 2021.

LEXINGTON COUNTY, SOUTH CAROLINA

________________________________________

M. Todd Cullum,

Chair of Lexington County Council

ATTEST:

By:________________________________

Brittany M. Shumpert

Clerk to Lexington County Council

First Reading: April 13, 2021

Public Hearing: May 25, 2021

Second Reading:

Third Reading:

58

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FEE AGREEMENT

BETWEEN LEXINGTON COUNTY, SOUTH CAROLINA

AND

CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC.

DATED AS OF

____________________, 2021

59

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TABLE OF CONTENTS

PAGE

FEE AGREEMENT .........................................................................................................................1

ARTICLE I RECAPITULATION AND DEFINITIONS ..............................................................2

SECTION 1.1. Statutorily Required Recapitulation ..............................................................2

SECTION 1.2. Rules of Construction; use of Defined Terms ..............................................2

SECTION 1.3. Definitions ....................................................................................................2

ARTICLE II LIMITATION OF LIABILITY; INDUCEMENT ....................................................5

SECTION 2.1. Limitation of Liability ..................................................................................5

SECTION 2.2. Inducement ....................................................................................................5

ARTICLE III REPRESENTATIONS, WARRANTIES AND CONVENANTS...........................5

SECTION 3.1. Representations and Warranties of the County .............................................5

SECTION 3.2. Covenants by the County ..............................................................................6

SECTION 3.3. Representations and Warranties of the Company .........................................6

SECTION 3.4. Filings & Reports ..........................................................................................7

ARTICLE IV COMMENCEMENT AND COMPLETION OF THE PROJECT ...........................8

SECTION 4.1. The Project ....................................................................................................8

SECTION 4.2. Diligent Completion .....................................................................................8

SECTION 4.3. Modifications to Project ................................................................................8

ARTICLE V PAYMENTS-IN-LIEU-OF-TAXES; DISPOSITION OF PAYMENTS-IN-

LIEU-OF-TAXES ............................................................................................................................9

SECTION 5.1. Payments-in-Lieu-of-Taxes ..........................................................................9

SECTION 5.2. Disposal of Property; Replacement Property..............................................10

SECTION 5.3. Fee Term .....................................................................................................10

SECTION 5.4. Minimum Investment ..................................................................................11

SECTION 5.5. Multi-County Industrial and Business Park ……………………………10

ARTICLE VI PROPERTY TAX EXEMPTION AND ABATEMENT ......................................11

SECTION 6.1. Protection of Tax Exempt Status of the Project ..........................................11

ARTICLE VII EFFECTIVE DATE .............................................................................................12

SECTION 7.1. Effective Date .............................................................................................12

ARTICLE VIII SPECIAL COVENANTS ...................................................................................12

SECTION 8.1. Indemnification Covenants .........................................................................12

SECTION 8.2. Assignment and Leasing .............................................................................12

ARTICLE IX EVENT OF DEFAULT AND REMEDIES ..........................................................13

SECTION 9.1. Events of Default Defined ..........................................................................13

SECTION 9.2. Remedies on Default ...................................................................................13

SECTION 9.3. No Additional Waiver Implied by One Waiver ..........................................14

ARTICLE X MISCELLANEOUS ...............................................................................................13

SECTION 10.1. Notices ......................................................................................................14

SECTION 10.2. Binding Effect ...........................................................................................15

SECTION 10.3. Invalidity and Severability ........................................................................15

SECTION 10.4. Payments Due on Saturday, Sunday and Holidays ...................................15

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SECTION 10.5. Fiscal Year; Property Tax Year ................................................................15

SECTION 10.6. Amendments, Changes and Modifications ...............................................15

SECTION 10.7. Execution of Counterparts ........................................................................15

SECTION 10.8. Law Governing Construction of Agreement ............................................16

SECTION 10.9. Filings ........................................................................................................16

SECTION 10.10. Headings ...................................................................................................16

SECTION 10.11. Further Assurance .....................................................................................16

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FEE AGREEMENT

THIS FEE AGREEMENT (“Fee Agreement”) is made and entered into as of

________________, 2021, by and between LEXINGTON COUNTY, SOUTH CAROLINA

(the “County”), a body politic and corporate and a political subdivision of the State of South

Carolina, acting by and through its County Council (the “County Council”) as governing body of

the County, and CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC. (“the

Company”).

W I T N E S S E T H:

WHEREAS, the County is authorized by Title 12, Chapter 44, Code of Laws of South

Carolina, 1976, as amended (the “Act”), to enter into a Fee Agreement with companies meeting

the requirements of such Act which identifies certain property of such companies as economic

development property to induce such companies to locate in the State and to encourage

companies now located in the State to expand their investments and thus make use of and

employ manpower and other resources of the State;

WHEREAS, pursuant to the Act, the County finds that (a) it is anticipated that the

Project (as defined herein) will benefit the general public welfare of the County by providing

services, employment and other public benefits not otherwise adequately provided locally; (b)

neither the Project nor any documents or agreements entered into by the County in connection

therewith will give rise to any pecuniary liability of the County or incorporated municipality or

to any charge against its general credit or taxing power; (c) the purposes to be accomplished by

the Project are proper governmental and public purposes; and (d) the benefits of the Project to

the public are greater than the costs to the public;

WHEREAS, pursuant to an Inducement Resolution dated April 13, 2021 (the

“Inducement Resolution”) the County committed to enter into a fee agreement with the

Company which shall provide for payments of fees-in-lieu of taxes for a project qualifying under

the Act using an assessment ratio of 6%, a fixed millage rate of 515.621 for 20 years, and to take

such action as is required to place the Project in a multi-county ind ustrial park, provided the

Company invests $5 million in the Project; and

WHEREAS, pursuant to an Ordinance adopted on ________________, 2021 (the

“Ordinance”), as an inducement to the Company to develop the Project, the County Council

authorized the County to enter into a Fee Agreement and to include the property comprising the

Project in a Multi-County Industrial Park subject to the terms and conditions hereof.

NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective

representations and agreements hereinafter contained and other value, the parties hereto agree as

follows:

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ARTICLE I

RECAPITULATION AND DEFNITIONS

SECTION 1.1. Statutorily Required Recapitulation. Pursuant to Section 12-44-55(B),

the County and the Company agree to waive the recapitulation requirements of Section 12-44-55.

If the Company should be required to retroactively comply with the recapitulation requirements

of Section 12-44-55, then the County agrees to waive all penalties and fees of the County for the

Company’s noncompliance.

SECTION 1.2. Rules of Construction; use of Defined Terms. Unless the context

clearly indicates otherwise, in this Fee Agreement words and terms defined in Section 1.3 hereof

are used with the meanings ascribed thereto. The definition of any document shall include any

amendments to that document, unless the context clearly indicates otherwise.

From time to time herein, reference is made to the term taxes or ad valorem taxes. All or

portions of the Project will be located in a Multi-County Industrial Park and are exempt from ad

valorem taxation under and by virtue of the provisions of Paragraph D of Section 13 of Article

VIII of the S.C. Constitution (the “MCIP Provision”). With respect to facilities located in a

Multi-County Industrial Park, references to taxes or ad valorem taxes means the payments-in-

lieu-of-taxes provided for in the MCIP Provision, and, where this Fee Agreement refers to

payments of taxes or Payments-in-Lieu-of-Taxes to County Treasurers, such references shall be

construed to mean the payments to the counties participating in such a Multi-County Industrial

Park.

SECTION 1.3. Definitions.

“Act” means Title 12 Chapter 44, Code of Laws of South Carolina 1976, as in effect on

the date hereof and, to the extent such amendments are specifically made applicable to this Fee

Agreement or the Project, as the same may be amended from time to time; provided that if any

such amendment shall be applicable only at the option of the County or the Company, then such

amendment shall only be applicable with the consent or at the request of the Company.

“Applicable Governmental Body” means each governmental entity within the State

having jurisdiction over or the right to approve or disapprove any or all of the Documents.

“Chair” means the Chair of County Council (or the person or persons authorized to

perform the duties thereof in the absence of the Chair).

“Clerk” means the Clerk of County Council (or the person or persons authorized to

perform the duties thereof in the absence of the Clerk).

“Commencement Date” means the last day of the property tax year when Project

property is first placed in service, except that this date must not be later than the last day of the

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property tax year which is three years from the year in which the County and the Company have

entered into this Agreement.

“Company” means Concentrated Active Ingredients & Flavors, Inc. and any

surviving, resulting, or transferee entity in any merger, consolidation, or transfer of assets; or any

other person or entity that may succeed to the rights and duties of the Company.

“County Council” means the County Council of the County.

“County” means Lexington County, South Carolina, and its successors and assigns.

“Documents” means the Ordinance, this Fee Agreement and the Multi-County Industrial

and Business Park Agreement.

“DOR” means the South Carolina Department of Revenue and any successor thereto.

“Equipment” means all machinery, apparatus, equipment, fixtures, office facilities,

furnishings and other personal property to the extent such property becomes a part of the Project

under this Fee Agreement.

“Event of Default” shall mean any Event of Default specified in Section 9.1 of this Fee

Agreement.

“Fee Agreement” means this Fee Agreement dated as of ______________, 2021,

between the County and the Company.

“Fee Term” shall mean the duration of this Fee Agreement with respect to each Stage of

the Project as specified in Section 5.3 hereof.

“Improvements” shall mean all improvements to the Real Property, including buildings,

building additions, roads, sewer lines, and infrastructure, together with any and all additions,

fixtures, accessions, replacements, and substitutions thereto or therefor used or to be used in the

County for the purposes described herein; provided, however, that repairs, alterations, or

modifications to real property which is not economic development property or property subject

to a fee in lieu of taxes prior to this Fee Agreement, are not eligible to become Economic

Development Property, except for modifications which constitute an expansion of existing real

property improvements and except as otherwise permitted by Section 12-44-110 of the Act.

“Inducement Resolution” shall mean the Resolution of the County Council adopted on

April 13, 2021, committing the County to enter into the Fee Agreement.

“Investment Period” shall mean the period beginning with the first day that economic

development property is purchased or acquired and ending on the last day of the fifth property

tax year following the Commencement Date, subject to an extension for such period as provided

in Section 3.2(b) hereof.

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“Multi-County Industrial and Business Park” means an industrial and business park

established for inclusion of the Project pursuant to the Multi-County Industrial and Business

Park Agreement pursuant to Section 4-1-170 of the Code of Laws of South Carolina 1976, as

amended, and Article VIII, Section 13, paragraph D of the Constitution of South Carolina.

“Multi-County Industrial and Business Park Agreement” shall mean the Multi-

County Industrial and Business Park Agreement dated December 11, 1995 and all amendments

thereto between the County and Calhoun County.

“Ordinance” means the Ordinance adopted by the County on ___________, 2021,

authorizing this Fee Agreement.

“Payments-in-Lieu-of-Taxes” means the payments to be made by the Company

pursuant to Section 5.1 of this Agreement.

“Project” shall mean the Equipment, Improvements, and/or Real Property, which is

eligible for inclusion as economic development property under the Act and become subject to

this Fee Agreement. The parties agree that Project property shall consist of such property so

properly identified by the Company in connection with its annual filing with the DOR of a

SCDOR PT-300, or such comparable form, and with such schedules as the DOR may provide in

connection with projects subject to the Act (as such filing may be amended or supplemented

from time to time) for each year within the Investment Period.

“Real Property” shall mean real property that the Company uses or will use in the

County for the purposes that Section 2.2(b) describes, and initially consisting of the land

identified on Exhibit A hereto, together with all and singular the rights, members, hereditaments,

and appurtenances belonging or in any way incident or appertaining thereto, and any

improvements located thereon.

“Replacement Property” means any property acquired or constructed after the

Investment Period as a replacement for any property theretofore forming a part of the Project and

disposed of, or deemed disposed of, as provided in Section 5.2 hereof.

“Stage” in respect of the Project shall mean the year within which Project property, if

any, is placed in service during each year of the Investment Period.

“State” means the State of South Carolina.

Any reference to any agreement or document in this Article I or otherwise in this Fee

Agreement shall be deemed to include any and all amendments, supplements, addenda, and

modifications to such agreement or document.

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ARTICLE II

LIMITATION OF LIABILITY; INDUCEMENT

SECTION 2.1 Limitation of Liability. Any obligation which the County may incur for

the payment of money as a result of the transactions described in the Documents shall never

constitute an indebtedness of the County within the meaning of any State constitutional provision

or statutory limitation and shall never create a pecuniary liability of the County or a charge upon

its general credit or against its taxing powers but shall be payable solely out of the funds received

by it under the Documents.

SECTION 2.2. Inducement. The County and the Company acknowledge that pursuant

to the Act, upon execution of this Fee Agreement, no part of the Project will be subject to ad

valorem property taxation in the State, and that this factor, among others, has induced the

Company to enter into this Fee Agreement.

ARTICLE III

REPRESENTATIONS, WARRANTIES AND COVENANTS

SECTION 3.1 Representations and Warranties of the County. The County makes the

following representations and warranties to the Company and covenants with the Company as

follows:

(a) The County is a body politic and corporate and a political subdivision of the State

and is authorized and empowered by the Act to execute the Documents to which it is a party and

to fulfill its obligations described in the Documents. By proper action, the County Council has

duly authorized the execution and delivery of the Documents to which the County is a party and

has taken all such action as is necessary to permit the County to enter into and fully perform the

transactions required of it under the Documents.

(b) Neither the execution and delivery of the Documents, nor the consummation and

performance of the transactions described in the Documents, violate, conflict with or will result

in a breach of any of the material terms, conditions or provisions of any agreement, restriction,

law, rule, order or regulation to which the County is now a party or by which it is bound.

(c) There is no action, suit, proceeding, inquiry or investigation at law or in equity

before or by any judicial or administrative court or agency, public board or body, pending or

threatened, against or affecting the County, wherein an unfavorable decision, ruling or finding

may or would materially affect the County’s obligations hereunder or the consummation of the

transactions described in the Documents.

(d) Neither the existence of the County nor the rights of any members of County

Council to their offices is being contested and none of the proceedings taken to authorize the

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execution, delivery and performance of such of the Documents as require execution, delivery and

performance by the County has been repealed, revoked, amended or rescinded.

(e) All consents, authorizations and approvals required on the part of the County,

State and all other Applicable Governmental Bodies in connection with the execution, delivery

and performance by the County of such of the Documents as require execution, delivery and

performance by the County have been obtained and remain in full force and effect as of the date

hereof or will be obtained.

(f) The Project constitutes a “project” within the meaning of the Act.

(g) By due corporate action, the County has agreed that, subject to compliance with

applicable laws, each item of property comprising the Project shall be considered economic

development property under the Act.

(h) The Documents to which the County is a party are (or, when executed, will be)

legal, valid and binding obligations of the County enforceable against the County under present

law in accordance with their respective terms, except as such terms may be limited by laws

affecting creditors’ rights generally.

SECTION 3.2. Covenants by the County. The County covenants with the Company as

follows:

(a) The County agrees to do all things deemed reasonably necessary as requested by

the Company in writing in connection with the Project including but not limited to the execution,

delivery and performance of its obligations in the Documents and in accordance with the Act, all

for the purposes of promoting industrial development, developing trade, and utilizing and

employing the manpower and natural resources of the County and the State. Except as

reasonably believed to be required by the County in the performance of its duties under statute or

law, the County will take no action with respect to the Project unless authorized or requested to

do so by the Company.

(b) Upon receipt of written request from the Company, the County agrees to consider

any request the Company may make for an extension of the Investment Period in accordance

with and up to the limits permitted under Section 12-44-30(13) of the Act. Such extension may

be provided by a resolution of County Council. Upon the granting of any such extension the

County agrees to cooperate with the Company by filing with the DOR a copy of such extension

within 30 days of the date of execution thereof by the County. Such extension may be provided

by a resolution of County Council.

SECTION 3.3. Representations and Warranties of the Company. The Company

makes the following representations and warranties to the County:

(a) The Company is a foreign corporation authorized to transact business in South

Carolina. The Company has full corporate power to execute the Documents to which it is a party

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and to fulfill its obligations described in the Documents and, by proper corporate action, has

authorized the execution and delivery of the Documents to which it is a party.

(b) Neither the execution and delivery of the Documents to which the Company is a

party, nor the consummation and performance of the transactions described in the Documents

violate, conflict with, or will, to its knowledge, result in a material breach of any of the material

terms, conditions or provisions of any agreement, restriction, law, rule, order or regulation to

which the Company is now a party or by which it is bound.

(c) There is no action, suit, proceeding, inquiry or investigation at law or in equity

before or by any judicial or administrative court or agency, public board or body, pending or

threatened, against or affecting the Company wherein an unfavorable decision, ruling or finding

would adversely affect the Company or the consummation of the transactions described in the

Documents.

(d) All consents, authorizations and approvals required on the part of the Company in

connection with the Documents and the transactions contemplated thereby and the acquisition,

construction and installation of the Project have been obtained and remain in full force and effect

or will be obtained.

(e) The Documents to which the Company is a party are (or, when executed, will be)

legal, valid and binding obligations of the Company enforceable against the Company in

accordance with their respective terms, except as such terms may be limited by laws affecting

creditors’ rights generally.

(f) The cost of the Project will exceed the minimum promised investment of

$5,000,000. The Company will also create at least 20 new jobs in the County at the Project. In

order to continue receiving the benefits of this Fee Agreement, the Company agrees that a

majority of operations at the Project must be manufacturing prior to the end of the Investment

Period. If the Company has not reached the point at which a majority of operations at the Project

are manufacturing as of such time, the Company may request an extension of time, which is in

the sole discretion of the County.

(g) The Company will pay all reasonable costs of the County, including attorney’s

fees, incurred in connection with the authorization, execution and delivery of this Fee

Agreement.

Section 3.4 Filings and Reports.

(a) Each year during the term of the Fee Agreement, the Company shall deliver to the

County, the County Auditor, the County Assessor, the County Treasurer and the County

Department of Economic Development, a copy of its most recent annual filings with the

Department of Revenue with respect to the Project, not later than 30 days following delivery

thereof to the Department of Revenue. In addition, the Company shall certify to the County

Department of Economic Development no later than April 30 following each property tax year

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corresponding to each tax year comprising the Investment Period defined in Section 1.3, a copy

of the most recent quarterly UCE 120 report filed with the SC Department of Employment and

Workforce (SC DEW) with respect to employment at the Project. The Operating Company shall

redact the following information from such UCE 120 report: any reference to individual

employee’s names, street addresses, Social Security Numbers, or payroll. The employees’

resident zip codes shall not be redacted if provided in such UCE 120 report. Given that the UCE

120 report includes all employees who were paid during the reporting quarter, including former

employees that are no longer working at the Project, the records on these former employees shall

be clearly highlighted. The County will subtract the number of former employees from the total

number of employees for the reporting quarter in determining the current head count during the

Investment Period.

(b) The company shall cause the filing of a copy of this Fee Agreement, as well as a

copy of the completed Form PT-443 of the Department, to be filed with the County Auditor and

the County Assessor of the County and any partner county, when the Project is placed in a joint

county industrial and business park, and the Department within 30 days after the date of

execution and delivery hereof by all parties hereto.

ARTICLE IV

COMMENCEMENT AND COMPLETION OF THE PROJECT

SECTION 4.1. The Project. The Company intends to invest in Equipment,

Improvements, and/or Real Property, which together comprise the Project, and dedicated to

manufacturing and distribution of natural ingredients for the food/beverage and pharmaceutical

industries.

Pursuant to the Act, the Company and the County hereby agree that the property

comprising the Project shall be economic development property as defined under the Act, so

long as such property meets the requirements of the Act.

Notwithstanding any other provision of this Fee Agreement, the Company may place

personal property into service at any time under this Fee Agreement.

SECTION 4.2. Diligent Completion. The Company agrees to use its reasonable efforts

to cause the acquisition, construction and installation of the Project to be completed; however,

notwithstanding anything contained in this Fee Agreement to the contrary, the Company shall

not be obligated to complete the acquisition of the Project and may terminate this Agreement

with respect to all or portion of the Project as set forth in Article X herein.

SECTION 4.3. Modifications to Project. The Company may make or cause to be made

from time to time any additions, modifications or improvements to the Project that it may deem

desirable for its business purposes.

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ARTICLE V

PAYMENTS-IN-LIEU-OF-TAXES; DISPOSITION OF PAYMENTS-IN-LIEU-OF-

TAXES

SECTION 5.1. Payments-in-Lieu-of-Taxes. The parties acknowledge that under

Article I, Section 3 of the South Carolina Constitution, the Project is exempt from ad valorem

property taxes assuming a Fee Agreement is signed. However, the Company shall be required to

make the Payments-in-Lieu-of-Taxes with respect to the Project as provided in this Section 5.1.

In accordance with the Act, and unless this Fee Agreement is sooner terminated, the Company

shall make annual Payments-in-Lieu-of-Taxes with respect to the Project, said payments being

due and payable and subject to penalty assessments in the manner prescribed by the Act. Such

amounts shall be calculated and payable as follows:

(a) The Company has agreed to make annual Payments-in-Lieu-of-Taxes with respect

to the Project in an amount equal to the property taxes that would be due with respect to such

property, if it were taxable, but using an assessment ratio of 6% and a millage rate of 515.621.

Subject in all events to the provisions of the Act, the fair market value estimate

determined by the DOR will be as follows:

(i) for real property, using the original income tax basis for South Carolina

income tax purposes without regard to depreciation; provided, however, if

real property is constructed for the fee or is purchased in an arm’s length

transaction, fair market value equals the original income tax basis;

otherwise, the DOR will determine fair market value by appraisal; and

(ii) for personal property, using the original income tax basis for South

Carolina income tax purposes less depreciation allowable for property tax

purposes, except that the Company is not entitled to extraordinary

obsolescence.

(b) The Payments-in-Lieu-of-Taxes must be made on the basis that the Project property,

if it were otherwise subject to ad valorem property taxes, would be subject to no other

exemptions, including but not limited to the exemptions allowed under Section 3(g) of Article X

of the South Carolina Constitution, Sections 12-37-220(B)(32) and (34), and Section 12-37-52(a)

of the Code of Laws of South Carolina, as amended.

(c) The Company shall make Payments-in-Lieu-of-Taxes for each year during the term

hereof beginning with the tax year following the year property is first placed in service. The

Payments-in-Lieu-of-Taxes shall be made to the County Treasurer on the due dates which would

otherwise be applicable for ad valorem property taxes for the Project, with the first payment

being due on the first date following the delivery of this Fee Agreement when, but for this Fee

Agreement, such taxes would have been paid with respect to the Project.

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(d) Any property placed in service as part of the Project during the Investment Period

shall be included in the calculation of payments pursuant to paragraphs (a), (b) and (c), above,

for a period not exceeding 20 years following the year in which such property was placed in

service. Replacement Property shall be included (using its income tax basis) in the calculation of

payments pursuant to paragraphs (a), (b) and (c), above, but only up to the original income tax

basis of property which is being disposed of in the same property tax year. Replacement Property

shall be deemed to replace the oldest property subject to the fee which is disposed of in the same

property tax year that the Replacement Property is placed in service. More than one piece of

property can replace a single piece of property. Replacement Property does not have to serve the

same function as the property it is replacing. To the extent that the income tax basis of the

Replacement Property exceeds the original income tax basis of the property which it is replacing,

the portion of such property allocable to the excess amount shall be subject to annual payments

calculated as if the exemption for economic development property under the Act were not

allowed. Replacement Property is entitled to the fee payment pursuant to this Section 5.1 for the

period of time remaining on the 20-year fee period for the property which it is replacing.

SECTION 5.2. Disposal of Property; Replacement Property.

(a) In any instance where the Company in its sole discretion determines that any item or

items of property included in the Project have become, in whole or in part, inadequate, obsolete,

worn out, unsuitable, undesirable or unnecessary, the Company may remove such item (or such

portion thereof as the Company shall determine) or items and sell, trade in, exchange or

otherwise dispose of it or them (as a whole or in part) without any responsibility or

accountability to the County therefor. The loss or removal from the Project of any property, or

any portion thereof, as a result of fire or other casualty or by virtue of the exercise or threat of the

power of condemnation or eminent domain shall be deemed to be a disposal of such property, or

portion thereof, pursuant to this Section 5.2. Subject to the provisions of Section 5.1(d) and this

Section 5.2 with respect to Replacement Property, the Payments-in-Lieu-of-Taxes required by

Section 5 hereof shall be reduced by the amount thereof applicable to any property included in

the Project, or part thereof, disposed of, or deemed disposed of, pursuant to this Section 5.2. In

the event that such disposal (without replacement) reduces the Company’s gross investment

below $5,000,000 then the Project shall revert to ad valorem taxation and this agreement shall

terminate pursuant to Section 12-44-140 of the Act.

(b) The Company may, in its sole discretion, replace, renew or acquire and/or install

other property in substitution for, any or all property or portions thereof disposed of, or deemed

disposed of, pursuant to Section 5.2(a) hereof. Any such property may, but need not, serve the

same function, or be of the same utility or value, as the property being replaced. Absent a

written election to the contrary made at the time of filing the first property tax return that would

apply to such property, such property shall be treated as Replacement Property.

SECTION 5.3. Fee Term. The applicable term of this Fee Agreement shall be

measured for each Stage beginning from the last day of the property tax year in which the Project

is placed in service in that Stage through the last day of the property tax year which is the

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nineteenth year following such year; provided, that the maximum term of this Fee Agreement

shall not be more than 20 years from the end of the last year of the Investment Period. This Fee

Agreement shall terminate with respect to the Project or any Stage or part thereof upon the

earlier to occur of (a) payment of the final installment of Payments-in-Lieu-of-Taxes pursuant to

Section 5.1 hereof, or (b) exercise by the Company of its option to terminate pursuant to Section

10.1 hereof.

SECTION 5.4. Minimum Investment. If the Company has not invested $5,000,000 at

the Project or created 20 new jobs at the Project during the Investment Period, then the Project

shall revert retroactively to ad valorem taxation and the Company shall, within 180 days of the

end of the Investment Period, make payment to the County of the difference between the

Payments-in-Lieu-of-Taxes actually made and the total retroactive amount referred to in this

Section.

SECTION 5.5. Multi-County Industrial and Business Park. The County that with the

appropriate consent of Lexington County Council and Calhoun County Counticl to amend an

existing multi-county industrial and business park agreement (the “Multi-County Industrial and

Business Park Agreement”) to include the Company's facility in such Multi-County Industrial

and Business Park between the County and the County of Calhoun, pursuant to Section 13 of

Article VIII of the South Carolina Constitution and Section 4-1-170, Code of Laws of South

Carolina 1976, as amended, and to undertake and execute those procedures, instruments,

ordinances, resolutions and documents as may be reasonably required to accomplish same.

ARTICLE VI

PROPERTY TAX EXEMPTION AND ABATEMENT

SECTION 6.1. Protection of Tax Exempt Status of the Project. In order to insure that

the Project is not and will not become subject to ad valorem property taxes under the laws of the

State of South Carolina or any political subdivision thereof, the County and the Company

covenant that:

(a) all right and privileges granted to either party under this Fee Agreement or any other

Documents shall be exercised so that if any conflict between this Section and any other provision

in any document shall arise, then in that case, this Section shall control;

(b) the County and the Company have not knowingly committed or permitted and will

not knowingly commit or permit (as to any act over which either has control) any act which

would cause the Project to be subject to ad valorem property taxes by the County or political

subdivision of the State of South Carolina in which any part of the Project is located; and

(c) the Company will maintain the identity of the Project as a “project” in accordance

with the Act.

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ARTICLE VII

EFFECTIVE DATE

SECTION 7.1. Effective Date. This Fee Agreement shall become effective upon its

execution and delivery by the parties hereto unless a later date is specified herein.

ARTICLE VIII

SPECIAL COVENANTS

SECTION 8.1. Indemnification Covenants

(a) The Company shall and agrees to hold the County and its County Council members,

officers, agents and employees harmless from all pecuniary liability in connection with those

reasons set forth in (i) or (ii) of Section 8.1(b) and to reimburse them for all reasonable expenses

to which any of them might be subject due to the approval and entering into of the documents or

the fulfillment of their obligations under this Fee Agreement in the implementation of its terms

and provisions.

(b) Notwithstanding the fact that it is the intention of the parties that neither the County

nor any of its members, officers, agents and employees shall incur any pecuniary liability to any

third-party (i) by reason of the terms of this Fee Agreement or the undertakings of the County

required hereunder, or (ii) by reason of the performance of any act in connection with the

entering into and performance of the transactions described in the Documents, if the County or

any of its members, officers, agents or employees should incur any such pecuniary liability, then,

in that event the Company shall indemnify and hold harmless the County and its members,

officers, agents and employees against all pecuniary claims by or on behalf of any person, firm

or Company, arising out of the same, and all costs and expenses incurred in connection with any

such claim, and upon notice from the County, the Company at its own expense shall defend the

County and its officers, agents and employees in any such action or proceeding.

(c) Notwithstanding the foregoing, the Company shall not be obligated to indemnify the

County or any of its individual members, officers, agents and employees for expenses, claims,

losses or damages arising from the intentional or willful misconduct or negligence of the County

or any of its individual officers, agents or employees.

SECTION 8.2. Assignment and Leasing. The County agrees to consent, as allowed by

the Act, for financing purposes, to: (a) any sale, transfer, disposition or assignment of the Fee

Agreement, whether in whole or in part, by the Company or any transferee or assignee; (b) the

transfer or assignment of security or other interests in any or all of the Company’s interests in the

property subject to the Fee Agreement; or (c) the sublease of any property subject to the Fee

Agreement. The County further agrees that, if future County consent is required by the Act, the

HSB: 6735052

County Council can provide any such consent by a resolution of County Council. The County

Administrator and the Clerk to County Council are hereby expressly individually and jointly

authorized and directed to evidence the County’s consent by timely executing such documents as

the Company may reasonably request. Further, for the purposes of this Fee Agreement and as

noted in Article 5 herein, a transaction or an event of sale, assignment, leasing, transfer of an

interest herein, disposal, or replacement of all or part of the Project shall not be a termination of

the Fee Agreement in whole or in part or a basis for changing the fee payments due under

Section 12-44-50 of the Act.

ARTICLE IX

EVENT OF DEFAULT AND REMEDIES

SECTION 9.1. Events of Default Defined. The occurrence of any one or more of the

following events shall be an “Event of Default” under this Fee Agreement:

(a) If the Company shall fail to make any Payment-in-Lieu-of-Taxes or any other

amount required under this Fee Agreement and such failure shall continue for 30 days after

receiving written notice of default from the County; or

(b) If the Company or the County shall fail to observe or perform any covenant,

condition or agreement required herein to be observed or performed by the Company or the

County (other than as referred to in Section 9.1(a) hereof), and such failure shall continue for a

period of 30 days after written notice of default has been given to the Company by the County or

to the County by the Company; provided if by reason of “force majeure” as hereinafter defined

the Company or the County is unable in whole or in part to carry out any such covenant,

condition or agreement or if it takes longer than 30 days to cure such default and the Company or

the County is diligently attempting to cure such default, there shall be no Event of Default during

such inability. The term “force majeure” as used herein shall mean circumstances not reasonably

within the control of the parties, such as without limitation, acts of God, strikes, lockouts or other

industrial disturbances; war; acts of public enemies; mobilization or military conscription on a

large scale; order of any kind of the government of the United States or any State, or any civil or

military authority other than the County Council; insurrections; riots; landslides; earthquakes;

fires; lightning; storms; droughts; floods; requisitions, confiscation, or commandeering of

property; fuel restrictions; general shortages of transport, goods, or energy; or

(c) If any material representation or warranty on the part of the Company or the

County made in the Documents, or in any report, certificate, financial or other statement

furnished in connection with the Documents or the transactions described in the Documents shall

have been false or misleading in any material respect.

SECTION 9.2. Remedies on Default. Whenever any Event of Default shall have

happened and be subsisting the County may take whatever action at law or in equity may appear

legally required or necessary or desirable to collect the payments and other amounts then due or

to enforce performance and observance of any obligation, agreement or covenant of the

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Company, under the Documents, including the right to terminate this Fee Agreement. Although

the parties acknowledge that the Project is exempt from ad valorem property taxes, the County

and any other taxing entity affected thereby may, without limiting the generality of the

foregoing, exercise the remedies provided by general law (Title 12, Chapter 49 and Title 12,

Chapter 51) and the Act relating to the enforced collection of taxes.

SECTION 9.3. No Additional Waiver Implied by One Waiver. In the event any

warranty, covenant or agreement contained in this Fee Agreement should be breached by the

Company or the County and thereafter waived by the other party to this Fee Agreement, such

waiver shall be limited to the particular breach so waived and shall not be deemed to waive any

other breach.

ARTICLE X

MISCELLANEOUS

SECTION 10.1. Notices. All notices, approvals, consents, requests and other

communications hereunder shall be in writing and may be delivered personally, or may be sent

by facsimile or certified mail, return receipt requested, to the following addresses, unless the

parties are subsequently notified of any change of address in accordance with this Section 11.1:

If to the Company: Cesar Fernandes

Chief Executive Officer

1122 Lady Street, Suite 904

Columbia, SC 29201

(949) 215-1975

With A Copy To: Haynsworth Sinkler Boyd, P.A.

Attn: Will Johnson

P.O. Box 11889

Columbia, SC 29211

Facsimile: (803) 765-1243

If to the County: Lexington County Council, South Carolina

212 South Lake Drive

Lexington, SC 29072

Attention: Clerk to Council

Facsimile: 803-785-8101

With A Copy To: Jeffrey M. Anderson

Davis Frawley, LLC

140 E. Main Street

P.O. Box 489

Lexington, SC 29071-0489

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Facsimile: 803-359-7478

Any notice shall be deemed to have been received as follows: (1) by personal delivery,

upon receipt; (2) by facsimile, 24 hours after confirmed transmission or dispatch; and (3) by

certified mail, 3 business days after delivery to the U.S. Postal authorities by the party serving

notice.

SECTION 10.2. Binding Effect. This Fee Agreement shall inure to the benefit of and

shall be binding upon the County and the Company and their respective successors and assigns.

SECTION 10.3. Invalidity and Severability. In the event that the Act or the Payments-

in-Lieu-of-Taxes arrangement described in Section 5.1 hereof is determined to be invalid in its

entirety, the parties hereby agree that except as the final judicial decision may otherwise require,

the Company shall be entitled to retain any benefits received under or pursuant to this Fee

Agreement; otherwise, in the event any provision of this Fee Agreement shall be held invalid or

unenforceable by any court of competent jurisdiction, that decision shall not invalidate or render

unenforceable any other provision of this Fee Agreement, unless that decision destroys the basis

for the transaction, in which event the parties shall in good faith attempt to preserve, to the

maximum extent possible, the benefits provided and to be provided to the Company hereunder

by either restructuring or reconstituting this Fee Agreement under any then applicable law,

including but not limited to Chapter 20 of Title 4 and Chapter 12 of Title 4, Code of Laws of

South Carolina, as amended.

SECTION 10.4. Payments Due on Saturday, Sunday and Holidays. Whenever any

payment to be made hereunder shall be stated to be due on a Saturday, a Sunday or a holiday,

such payment shall be made on the next business day.

SECTION 10.5. Fiscal Year; Property Tax Year. If the Company’s fiscal year changes

in the future so as to cause a change in the Company’s property tax year, the timing of the

requirements set forth in this Fee Agreement shall be revised accordingly.

SECTION 10.6. Amendments, Changes and Modifications. Except as otherwise

provided in this Fee Agreement, this Fee Agreement may not be amended, changed, modified,

altered or terminated without the written consent of the County and the Company. To the

maximum extent allowed by law, any such County consent may be provided by a resolution of

County Council. This Agreement is the entire agreement between the Parties concerning the

subject matter of this Agreement.

SECTION 10.7. Execution of Counterparts. This Fee Agreement may be executed in

several counterparts, only one of which shall be an original for Uniform Commercial Code

perfection purposes; provided, however, that any action may be brought upon any counterpart of

this Fee Agreement or any counterpart of any document that is attached to this Fee Agreement as

an exhibit.

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SECTION 10.8. Law Governing Construction of Agreement. The laws of the State of

South Carolina shall govern the construction of this Fee Agreement.

SECTION 101-.9. Filings. Whenever the County shall be required to file or produce

any reports, notices or other documents during the Fee Term, the Company shall in due time

furnish to the County the completed form of such report, notice or other required documents

together with a certification by the Company that such document is accurate.

SECTION 10.10. Headings. The headings of the articles and sections of this Fee

Agreement are inserted for convenience only and shall not be deemed to constitute a part of this

Fee Agreement.

SECTION 10.11. Further Assurance. From time to time the County agrees to execute

and deliver to the Company such additional instruments as the Company may reasonably request

to effectuate the purposes of this Fee Agreement.

IN WITNESS WHEREOF, LEXINGTON COUNTY, SOUTH CAROLINA, and the

COMPANY, each pursuant to due authority, have duly executed this Fee Agreement, all as of

the date first above written.

LEXINGTON COUNTY, SOUTH CAROLINA

_______________________________________

M. Todd Cullum

Chair of Lexington County Council

ATTEST:

Brittany Shumpert

Clerk, Lexington County Council

CONCENTRATED ACTIVE INGREDIENTS & FLAVORS, INC.

By: ___________________________________

___________________________________

Its: ___________________________________

EXHIBIT A

PROPERTY DESCRIPTION

0 Technology Drive - Lot 5 (+/- 6.00 acres)

West Columbia, SC 29170

Lexington County Tax Map # 005698-03-007

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the County Council of Lexington County will conduct a Public Hearing

on May 25, 2021 at 6:00P.M. (or as soon thereafter as can be heard) in the Dorothy K. Black Chambers

located on the Second Floor of the County Administration Building, 212 South Lake Drive, Lexington,

South Carolina. The purpose of the Public Hearing is to receive public comments on ORDINANCE 21-02

– “AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON APPLICATIONS AND ADMINISTRATIVE

PROCESSING FOR APPROVAL OF CERTAIN LARGE SCALE RESIDENTIAL SUBDIVISIONS AND RESIDENTIAL

ATTACHED LAND USE ACTIVITIES WITHIN THE UNINCORPORATED AREA OF LEXINGTON COUNTY.”

In addition, the Public Hearing will be held electronically in a virtual environment. Those wishing to

provide written public comments may do so by visiting the Lexington County Council section of the

Lexington County website address of www.lex-co.com. Anyone who wishes to submit comments will

need to save the form to your device and email the form to countycouncil@lex-co.com. Additionally,

comments may be emailed to countycouncil@lex-co.com or mailed to the Clerk of County Council at

212 South Lake Drive, Lexington, SC 29072. All comments should be submitted by 2:00 p.m. on

Monday, May 24, 2021. All public comments will be read aloud during the Public Hearing and included

in the minutes of the County Council meeting. The Public Hearing will be livestreamed on the County’s

website by visiting the Meeting Portal. The Public Hearing is also available on Spectrum Cable Channel

1302.

A copy of the Ordinance is available for review at the County from the Clerk of Lexington County

Council at 803-785-8103 or by email at BShumpert@lex-co.com. A copy of the Ordinance can also be

viewed on the Lexington County Website (www.lex-co.com) under County Council and will be

available for viewing the Friday before the Public Hearing.

If special accommodations are needed to participate in the Public Hearing, contact the Lexington County

Council office at 803-785-8103 or BShumpert@Lex-co.com.

M. Todd Cullum

Chairman

Lexington County Council

1

Lexington County Council Public

Hearing Comment Form

Ordinance No. 21-02

“AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON APPLICATIONS AND ADMINISTRATIVE

PROCESSING FOR APPROVAL OF CERTAIN LARGE SCALE RESIDENTIAL SUBDIVISIONS AND RESIDENTIAL

ATTACHED LAND USE ACTIVITIES WITHIN THE UNINCORPORATED AREA OF LEXINGTON COUNTY; AND

INVOKING APPLICATION OF THE PENDING ORDINANCE DOCTRINE”

**Comments can be submitted on Ordinance 21-02 until 2:00pm May 24th**

Download, complete, and email form to countycouncil@lex-co.com

Name: *Required field

Address: *Required field

Contact information:

☐In favor of

☐In opposition of

Comments:

If more space needed for comments, please use the following pages

2

Comments Continued:

COUNTY OF LEXINGTON, SOUTH CAROLINA

ORDINANCE NO. 21-02 AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON

APPLICATIONS AND ADMINISTRATIVE PROCESSING FOR APPROVAL OF

CERTAIN LARGE SCALE RESIDENTIAL SUBDIVISIONS AND

RESIDENTIAL ATTACHED LAND USE ACTIVITIES WITHIN THE

UNINCORPORATED AREA OF LEXINGTON COUNTY; AND INVOKING

APPLICATION OF THE PENDING ORDINANCE DOCTRINE.

WHEREAS, County Council determines and finds that the unincorporated area of

Lexington County is experiencing tremendous residential growth which is causing a strain on the

infrastructure within the unincorporated area of the County; and

WHEREAS, County Council is in the process of updating the County Comprehensive

Plan, reviewing road classification throughout the unincorporated area of Lexington County, and

reviewing the overall development standards within the unincorporated area of Lexington County;

and

WHEREAS, County Council determines and finds that it would be beneficial for the

operations of the County and beneficial for the promotion of the public interest in orderly and

prudent development of the County, for the County to review and undertake a study of the

consequences and impact of large scale residential subdivisions as set forth herein and residential

attached land use activities, as defined by the Lexington County Zoning Ordinance within the

unincorporated area of the County; and

2

WHEREAS, the Council further determines and finds that the benefits and effectiveness

of such a study will be aided and facilitated by a temporary moratorium on applications, and the

administrative processing of such applications, for new large scale (a) residential subdivisions of

ten lots or more, and (b) residential attached land use activities, as defined by Lexington County

Zoning Ordinance; and

WHEREAS, the Council further determines and finds that a period of one hundred eighty

(180) days in duration is the minimum reasonable time needed to undertake and complete the

review study contemplated by the Council; and

WHEREAS, the Council believes and finds that it is appropriate to establish, by this

Ordinance, a temporary moratorium period of one hundred eighty (180) days on the acceptance,

processing, and grant of any approvals, permits or permissions, as described below; and

WHEREAS, Council finds that it is in the public interest to invoke the pending ordinance

doctrine upon first reading of this Ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Council of the County of Lexington,

in Council, duly assembled, as follows:

Section 1 – Moratorium on Development. All activities by the County, including County

staff and any of the County’s agents or boards or commissions, in connection with the

acceptance, review, processing and granting of applications for approvals, permits or

permissions related to the development or construction of (a) residential subdivisions of 10

(ten) lots or more, and (b) residential attached land use activities, as defined by Lexington

County Zoning Ordinance, all of which are within the unincorporated area of the County,

are temporarily suspended and a temporary moratorium established in order for the County,

through its officials and staff and any other agents or contractors, to have adequate time

and opportunity to study, analyze, and make recommendations to the Council concerning

the consequences and impact of large scale residential growth within the unincorporated

area of the County. For purposes of determining whether a subdivision consists of 10 (ten)

lots or more, the number of lots shall be determined by the number of lots in the entire

planned subdivision development including all phases of the subdivision development.

Section 2 – Moratorium Period. This temporary suspension and temporary moratorium

shall remain in effect for one hundred eighty (180) days from the date of third reading of

this Ordinance when it shall terminate.

Section 3 – Pending Ordinance Effective Date. Applications for permits of sufficient

3

form and content as determined by the County staff, received by the County prior to the

date of the beginning first reading of the adoption of this Ordinance, may be reviewed and

processed by the County. Otherwise, the provisions of this Ordinance shall be effective

under the pending ordinance doctrine from the date of approval of first reading.

Section 4 – Moratorium Extension. The Council, by subsequent Ordinance, may extend

the temporary suspension and temporary moratorium for a further time period upon

appropriate findings.

DONE IN MEETING DULY ASSEMBLED, this __________day of __________, 2021.

M. Todd Cullum, Chairman

Lexington County Council

ATTEST:

____________________________________

Brittany Shumpert, Clerk

First Reading: 05/6/21

Public Hearing: 05/25/21

Second Reading: ___________________

Third & Final Reading: __________________

Filed w/Clerk of Court: ______________