Regular Town Council Meeting 09/12/2023 06:00 PM

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

• CN1Allen Coleman, Town Clerk

  Motion to adopt a Resolution Directing the Town Clerk to Investigate Petition Received, to accept the Certificate of Sufficiency by the Town Clerk, and to adopt a Resolution setting the Date of a Public Hearing for September 26, 2023, on the Question of Annexation – Apex Town Council’s intent to annex 30.047 acres, Pleasant Plans Elementary School, Annexation No. 764 into the Town Corporate Limits.

• CN2Michael Deaton, P.E., Director

  Motion to approve a Standard Services Agreement with ITpipes Opco LLC., and the Town of Apex, for software support for ITpipes Mobile CCTV platform, effective July 1, 2023 through June 30, 2026, and to authorize the Interim Town Manager to execute on behalf of the Town.

• CN3Marty Stone, Assistant Town Manager

  Motion to approve a Master Services Agreement (MSA) between the Town of Apex and Ferguson Enterprises, LLC and Sensus USA Inc., for a meter system upgrade, effective October 1, 2023 through September 30, 2038, and authorize the Interim Town Manager to execute on behalf of the Town.

• CN4Allen Coleman, Town Clerk

  Motion to approve, as submitted or amended, Meeting Minutes from the following meeting:

  August 15, 2023 – Work Session Minutes

  August 22, 2023 – Regular Town Council Minutes 

• CN5Laurie Hohe, Town Attorney

  Report to Council of Separation Agreement and Release

• CN6Antwan Morrison, Director

  Motion to approve a Resolution providing sell and issuance of $3,460,000 Two-Third Public Improvement Bonds, Series 2023A and $24,500,000 General Obligation (GO) Transportation Bonds, Series 2023B

• CN7Steve Adams, Utility Acquisition & Real Estate Specialist

  Motion to approve a resolution titled “Resolution to Abandon Portion of Existing Public Utility Easement” which will abandon areas shown on the attached exhibit, more specifically property located at 1000 Vision Drive (Home Depot). 

• CN8Captain Joey Best

  Motion to declare one (1) badge and (1) service weapon (Glock Model 17 9mm handgun, Serial Number XTA-781) as surplus property; and, award to Retiring Officer Jeff Antonsen who retired from the Apex Police Department

• CN9Allen Coleman, Town Clerk

  Motion to approve the Wake County Tax Administration Tax Report for the Town of Apex dated July 04, 2023 and the Wake County Tax Administration Tax Report for the Town of Apex dated August 05, 2023. 

PRESENTATIONS

• PR1Jacques K. Gilbert, Mayor 

  Proclaim the month of September 15 through October 15, 2023 Hispanic Heritage Month in the Town of Apex and ask all residents to join in celebrating our Hispanic and Latino friends and neighbors who are such integral parts of our community.

• PR2Jacques K. Gilbert, Mayor 

  Proclaim Monday, October 9, 2023 as Indigenous Peoples Day in the Town of Apex and invite all residents to join in celebrating the rich traditions and history of Indigenous Peoples in our town and country, and in committing ourselves to furthering equality in our community. 

• PR3Jacques K. Gilbert, Mayor 

  Proclaim Saturday, September 23, 2023 Party in the Peak Day in the Town of Apex and urge all residents to join in celebrating the Past, Present, and Potential of our town through this once-in-a-lifetime celebration.

• PR4Jacques K. Gilbert, Mayor

  Proclaim Monday, September 11, 2023, Patriot Day in the Town of Apex and urge all residents to join in honoring these patriots who made the ultimate sacrifice, and whose memory will forever remain etched into the collective heart of our nation.

• PR5Ryan Brumfield, PE, Director, Integrated Mobility Division

  Jason Orthner, PE, Director, Rail Division

  Receive information regarding the S-Line Transit Oriented Development Study led by the North Carolina Department of Transportation.

REGULAR MEETING AGENDA

Mayor Gilbert will call for additional Agenda items from Council or Staff and set the
Regular Meeting Agenda prior to Council actions.

PUBLIC FORUM

Public Forum allows the public an opportunity to address the Town Council.  The speaker is requested not to address items
that appear as Public Hearings scheduled on the Regular Agenda.  The Mayor will recognize those who would like to speak at the
appropriate time.  Large groups are asked to select a representative to speak for the entire group.
Comments must be limited to 3 minutes to allow others the opportunity to speak.

PUBLIC HEARINGS

• PH1June Cowles, Senior Planner

  Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation - Apex Town Council's intent to annex 90.24 acres, Castleberry Assemblage, Annexation No. 752 into the Town Corporate limits.

• PH2June Cowles, Senior Planner

  Public hearing and possible motion for Rezoning Application No. 23CZ04 Castleberry Reserve PUD and Ordinance. The applicant, Matthew Carpenter, Parker Poe/Inspire Commercial, LLC and Jeff Roach, Peak Engineering, seeks to rezone approximately 89.90 acres from Wake County Residential-80W District (R-80W) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 8633, 8635, 8637, 8639, 8649, 8705, 8709, and 8717 Castleberry Road.

• PH3Dianne Khin, Director 

  Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation - Apex Town Council's intent to annex 7.259 acres, Calyx Senior Living of Apex (Kobra LLC), Satellite Annexation No. 761 into the Town Corporate limits.

• PH4Dianne Khin, Director

  Public Hearing and possible motion to adopt Ordinance on the Question of Annexation - Apex Town Council's intent to annex 29.4692 acres, The Summit (formerly known as (FKA) Holland Road Mixed Use, Annexation No. 762 into the Town Corporate limits.

• PH5Shannon Cox, Long Range Planning Manager

  Public hearing and possible motion regarding an amendment to the Transportation Plan at East Williams Street and future Jessie Drive.

NEW BUSINESS

• NB1Jenna Shouse, Senior Long-Range Planner

  Receive as information updates on the Western Big Branch Area Plan and a summary of public input received to date.

• NB2Amanda Bunce, Current Planning Manager

  Discussion about possible amendments to certain sections of the Unified Development Ordinance (UDO) in order to increase the amount of Resource Conservation Area (RCA) required for single-family and townhome developments south and west of NC 540 and to provide an automatic reduction in RCA with installation of solar panels. The proposal would exempt projects that provide a minimum amount of affordable housing.

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Laurie Hohe, Town Attorney

  Possible motion to enter into closed session pursuant to NCGS 143-318.11(a)(3) to preserve attorney-client privilege.

• CS2Allen Coleman, Town Clerk

  Possible motion to enter into closed session pursuant to NCGS § 143-318.11(a)(6) to consider a personnel matter.

ADJOURNMENT