Regular Town Council Meeting 11/12/2024 06:00 PM

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

CONSENT AGENDA

All Consent Agenda items are considered routine, to be enacted by one motion with the adoption of the Consent Agenda,
and without discussion. If a Council Member requests discussion of an item, the item may be removed from the
Consent Agenda and considered separately. The Mayor will present the Consent Agenda
to be set prior to taking action on the following items:

• CN1Allen Coleman, Town Clerk

  Motion to adopt the Town Council meeting schedule for calendar year 2025.

• CN2Antwan Morrison, Director

  Motion to approve an Installment Purchase Agreement (IPA) between PNC Bank, National Association and the Town of Apex, with an interest rate of 3. 58% for a four (4) year term; and,

  Motion to adopt a Resolution Authorizing the Execution and Delivery of An Installment Financing Contract to Finance the Acquisition of Certain Vehicles and Equipment

• CN3Matt Wetherell, Facilities & Grounds Manager

  Motion to approve a Maintenance Agreement – Mowing between North Carolina Department of Transportation (NCDOT) and the Town of Apex, effective for five (5) years from the date of full execution, for the Town of Apex to assume mowing responsibilities on the selected NCDOT roads and receive reimbursement payment from the NCDOT at the rate identified in the agreement, and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

• CN4Russell H. Dalton, P.E., Traffic Engineering Manager

  Motion to approve a Supplemental Agreement between North Carolina Department of Transportation (NCDOT) and the Town of Apex, authorizing an additional $341,633 in federal funds for the U-5537 Lake Pine Drive Improvements project, requiring 20% local matching funds, for final reimbursement and to close-out the project, and to authorize the Town Manager, or their designee, to execute the agreement on behalf of the Town.

• CN5Allen 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 December 10, 2024, on the Question of Annexation - Apex Town Council's intent to annex 1.1018 acres, known as Enderline Property, located at 308 Thorn Hollow Drive, Annexation No. 791, into the Town Corporate limits.

• CN6Jonathan K. Jacobs, PE, CFM, Assistant Director

  Motion to award a construction contract, in substantial form, to Landmark Structures for the construction of the Pleasant Park 1.5 MG Elevated Water Tank project, authorize the Town Attorney and Town Manager to make minor modifications to the contract not affecting the construction schedule or cost, authorize the Town Manager, or their designee, to execute the contract on behalf of the Town and approve corresponding Budget Ordinance Amendment No. 5 and Capital Project Ordinance Amendments No 2025-3 and No. 2025-4.

• CN7Allen Coleman, Town Clerk

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

  • October 8, 2024 – Regular Town Council Meeting Minutes
  • October 15, 2024 – Town Council Work Session Minutes
  • October 22, 2024 – Regular Town Council Meeting Minutes

• CN8Russell Dalton, P.E.,Traffic Engineering Manager

  Motion to approve an Ordinance amending the Town’s Code of Ordinances, Chapter 20, Article VIII. – Parking, Sub-Section 164 – No Parking Zones to include the addition of subsection (44) prohibiting parking on the north side of Olive Chapel Road from Homestead Park Drive to a point 300 feet west and south side of Olive Chapel Road from Brierridge Drive to a point 200 feet east.

• CN9Joshua Killian, Planner I

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application No. 24CZ14, Angel Management, Inc, petitioner, for the property located at 0 South Hughes Street (PIN 0741557469).

• CN10Allen Coleman, Town Clerk

  Motion to declare one badge and service weapon (Glock Model 26, 9mm handgun, Serial Number AECP429) as surplus property, set the purchase price for $1.00, and award these items to retired Apex Police Chief Jason Armstrong.

• CN11Allen Coleman, Town Clerk

  Motion to approve the Apex Tax Report dated October 3, 2024.

• CN12Allen Coleman, Town Clerk

  Motion to waive the civil penalty of $4,450.00 issued to Mr. Andrew Prusik for violation of Sections 4.1.2 and 4.2.2 (Use Regulations) of the Town Unified Development Ordinance (UDO)

PRESENTATIONS

• PR1Councilmember Terry Mahaffey, Sponsor

  Barbara Conroy Co-Founder and President of Apex Public School Foundation

  Presentation of the Peak S.T.A.R. Award for the 1st Quarter of the 2024-2025 School Year.

• PR2Mayor Jacques K. Gilbert

  Proclamation recognizing Saturday, November 30, 2024, as Small Business Saturday in the Town of Apex and urge all residents to shop local and shop small, and continue their incredible support of our small businesses on Small Business Saturday each and every day. 

• PR3Mayor Jacques K. Gilbert, Sponsor

  Dr. Atoya Hodges, Executive Director, Western Wake Crisis Ministry

  Andre N. Anthony, Chief Executive Officer, Dorcas Ministries

  Receive as information an update on the merger between Dorcas Ministries and Western Wake Crisis Ministry (WWCM). 

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

NEW BUSINESS

• NB1Joanna Helms, Director

  Discuss recommendations for revisions to the current Development and Investment Grant Policy, provide direction to staff as appropriate, and consider a possible motion to adopt the revised policy.

• NB2Allen Coleman, Town Clerk

  Receive as information an update on the Town’s Government Relations Strategy and upcoming Legislative Agenda Process, and provide direction as appropriate.

• NB3Councilmember Terry Mahaffey, Sponsor

  Jeff Hasting, President, Apex Historical Society

  Receive as information an update on the Rosenwald School Project in Apex. 

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Joanna Helms, Director

  Motion to enter into closed session pursuant to NCGS 143-318.11(a)(4) to discuss matters relating to the location or explanation of industries.

ADJOURNMENT