Regular Town Council Meeting 02/13/2024 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:

• CN1Christy Wentzell, Captain

  Motion to approve a license agreement with Magnet Forensics, effective January 1, 2024 through December 31, 2024, to examine digital evidence with mobile, cloud, and digital resources, and authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• CN2Allen 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 February 27, 2024, on the Question of Annexation - Apex Town Council's intent to annex 3.431 acres, located at 1075 South Hughes Street, Chick-Fil-A, Annexation No. 773 into the Town Corporate limits.

• CN3Allen 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 February 27, 2024, on the Question of Annexation - Apex Town Council's intent to annex 2.80 acres, located at 1133 Twin Creek Road, Annexation No. 775 into the Town Corporate limits.

• CN4Allen 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 February 27, 2024, on the Question of Annexation - Apex Town Council's intent to annex 2.90 acres, Sundance of NC, LLC, located on Salem Church Road, Annexation No. 776 into the Town Corporate limits.

• CN5Allen Coleman, Town Clerk

  1. Motion to reappoint the following Apex Environmental Advisory Board (EAB) members each for a three-year (3) term expiring December 31, 2026:

  EAB-001 - Suzanne Mason - reappointment for 2^nd Term

  EAB-003 - Katie Schaaf – reappointment for 3^rd Term

  EAB-004 - Patrick Adams – reappointment for 2^nd Term

  2. Motion to appoint Njeri Moller to the Apex Environmental Advisory Board (EAB) for a three-year (3) term expiring December 31, 2026:

  EAB-008 - Njeri Moller – appointment for 1^st Term

• CN6Allen Coleman, Town Clerk

  Motion to confirm the following leadership positions on the Environmental Advisory Board (EAB) for calendar year 2024:

  • Suzanne Mason, Chair of the Environmental Advisory Board (EAB)
  • John Garrison, Vice-Chair of the Environmental Advisory Board (EAB)

• CN7Eric Neumann, Director

  Motion to adopt Budget Ordinance Amendment No. 12 allocating additional funds for expansion of Apex’s electric utility distribution system  

• CN8Angela Reincke, Parks Planning Project Manager

  Motion to award a construction contract with Hollins Construction Services, Inc (HCS) for Reedy Branch Greenway (Sweetwater Gap) construction and adopt corresponding Capital Project Ordinance Amendment 2024-11, and to authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• CN9Allen Coleman, Town Clerk

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

  January 16, 2024 – Town Council Work Session Minutes

  January 23, 2024 – Regular Town Council Minutes  

  February 3, 2024 – Special Town Council Meeting Minutes

  February 4, 2024 – Special Town Council Meeting Minutes

• CN10Jonathan K. Jacobs, P.E., CFM, Assistant Director

  Motion to approve a Fee-in-Lieu (FIL) in the amount of $10,870.95 for an 8-inch DIP Sewer Main located in the Friendship Village Subdivision.

• CN11Steve Adams, Utilities Acquisition / Real Estate

  Motion to approve a resolution entitled Resolution to Abandon Portion of Existing Public Utility Easement at Primrose School Property, located at 614 Old Mill Village Drive.

• CN12June Cowles, Senior Planner

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case No. 23CZ13 Seymour Mixed Use PUD, Barnett Properties, LLC, petitioner, for the property located at 0, 0, and 0 Tingen Road (PINs 0741142574; 0741152543; 0741155913).

• CN13Liz Loftin, Senior Planner

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case No. 23CZ14 Salem Street Townhome PUD, Bateman Civil Survey Company, petitioner, for the property located at 0, 0, 720 South Salem Street (PINs 0741178829, 0741179910, 0741179971).

• CN14Amanda Bunce, Current Planning Manager

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case No. 23CZ15 Apex Gateway Phase 2 Amendment.  The applicant is Gray Harrell, Beacon Development for the properties located at: 314, 450, 482, 472, 546, 610, 696, 527, 0, & 0 NC Hwy 751; 0, 0, & 0 Hwy 64 East; 0 & 44 New Hill Road (PINs 071200461386, 071200460876, 071200367945, 071200470121, 071200378303, 071200376549, 071200372751, 071200261673, 071200350755, 071200245813, 071200245419, 071200246438, 071200435356, 071200452105, and 071200543241).

• CN15Amanda Bunce, Current Planning Manager

  Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case No. 23CZ12 Sweetwater PUD Amendment, David Schmidt, ExperienceOne Homes, LLC, petitioner, for the properties located at 1451 Richardson Rd; 1051 & 1075 Newland Ave; 2800, 2810 Teachey Pl, & 2820 Teachey Pl; 0 Core Banks St and 0 Little Gem Lane (PINs 0722550034, 0722544876, 0722544404, 0722457646, 0722454406, 0722443942, 0722441499, and 0722441386).

• CN16Christy Wentzell, Captain

  Motion to approve the terms and conditions for purchase and use of Gladiator Forensics’ software license and permission to use Wake County Sheriff’s Office Gladiator Forensics Server, and to authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• CN17Captain Joey Best

  Motion to declare one badge and service weapon (Glock Model 19, 9mm handgun, Serial Number XWZ747) as surplus property, and award these items to retired Sergeant John Jones.

• CN18Steve Maynard, Purchasing Manager

  Motion to declare the following two (2) vehicles as surplus, authorize the sale of both vehicles, and authorize the Purchasing Manager and Interim Town Manager, or their designee, to sign documents necessary to complete the sale:

  Vehicle A – 1999 GMC C8500 Vin # 1GDP7H1CXXJ512964

  Vehicle B – 2008 International Workstar 7300 Vin # 1HTZZAAR98J047097

• CN19Allen Coleman, Town Clerk

  Motion to approve Apex Tax Reports dated January 9, 2024.  

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 2^nd Quarter of the 2024-2025 School Year.

• PR2Mayor Jacques K. Gilbert

  Proclamation recognizing the Month of February 2024, Black History Month in the Town of Apex, and invite residents to join us in enriching our knowledge of the contributions of Black Americans, and in celebrating their lives and culture throughout the year.  

• PR3Nicole Kreiser, Deputy Tax Administrator 

  Receive as information results of the Wake County 2024 Revaluation.

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

• PH1Amanda Bunce, Current Planning Manager

  Public Hearing and possible motion regarding various amendments to the Unified Development Ordinance (UDO). This item was continued from the January 9, 2024 Town Council meeting that was cancelled.

OLD BUSINESS

• OB1Councilmember Terry Mahaffey, Sponsor

  Discuss, provide staff with direction, and schedule next steps as appropriate. 

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Demetria John, Assistant Town Manager

  Steve Adams, Utilities Acquisition / Real Estate Specialist

  Possible motion to go into closed session pursuant to NCGS § 143-318.11(a)(5) to discuss matters related to acquisition of real property.

• CS2Laurie Hohe, Town Attorney

  Possible motion to go into closed session pursuant to NCGS 143-318.11(a)(3) to consult with the Town Attorney concerning the handling of the matter: Town of Apex v. Briartac Family, LLC.

• CS3Laurie Hohe, Town Attorney

  Motion to go into closed session pursuant to NCGS 143-318.11(a)(3) to consult with the Town Attorney in order to preserve attorney-client privilege.

ADJOURNMENT