Regular Town Council Meeting 06/27/2023 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 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 August 8, 2023, 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.

• CN2Angela Reincke, Parks Planning Project Manager

  Motion to approve a Master Agreement for On-Call Professional Services for Reedy Branch Greenway Project (Sweetwater), and to approve corresponding Budget Ordinance Amendment No. 19 and Capital Project Ordinance Amendment 2023-15, and to authorize the Town Manager to execute the agreement on behalf of the Town.

• CN3Amanda Grogan, Director

  Motion to approve a Budget Ordinance Amendment No. 21 for Grant Allocations and Capital Project Ordinance Amendment No. 2023-16 for Shop-With-A-Cop Program.

• CN4Deputy Chief Mitch McKinney

  Motion to approve a Master Services Agreement (MSA), effective July 1, 2023 through June 30, 2025, with Flock Safety Inc. for technology and software support for the following in the Apex Police Department (APD):  FlockOS, Flock Safety Falcon, Flock Safety Falcon Flex , Flock Safety Advanced Search and authorize the Town Manager to execute the agreement(s) on behalf of the Town.

• CN5Jessica Bolin, P.E., Environmental Stormwater Manager

  Motion to approve a Master Services Agreement (MSA) between the Town of Apex and HT Stormwater Management for monthly maintenance of all Town-owned Stormwater Control Measures (SCMs) for a three-year period, effective July 1, 2023 through June 30, 2026, with the option to approve two additional one-year contact extensions after that date and authorize the Town Manager to execute on behalf of the Town.

• CN6Marty Stone, Assistant Town Manager – Development and Operations Portfolio

  Motion to approve an Agreement for IPKEYS Meter Data Management System (MDMS) between the Town of Apex and IPKeys Power Partners, Inc., effective July 1, 2023 through June 30, 2028 for professional services with the meter data management system (MDMS) that supports the meter system upgrade (MSU), and to authorize the Town Manager to execute the agreement on behalf of the Town.

• CN7Allen Coleman, Town Clerk

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

  June 13, 2023 – Town Council Regular Meeting

  June 20, 2023 – Town Council Work Session 

• CN8Antwan Morrison, Director

  Motion to adopt ordinances which establish Debt Service Funds for General Government, Electric, and Water and Sewer; and approve Budget Ordinance Amendment No. 22 associated with this new fund structure.

• CN9Steve Adams, Real Estate/Utilities Acquisition Specialist

  Motion to approve an Encroachment Agreement between the Town of Apex and Apex Industrial Owner 3, LLC to maintain a pre-existing industrial structure, located at 1251 Burma Drive, Apex, North Carolina, which encroaches 24 square feet into the Public Right-of-Way on Burma Drive and authorize the Town Manager to execute on behalf of the Town.

• CN10Chris Johnson, P.E., MPA, Director

  Motion to approve an Encroachment Agreement between the Town of Apex and Swigart Construction, Inc. to install a driveway located at, 2218 Winston Circle, that will encroach 199 square feet (SF) onto the Town of Apex 30’ Public Utility Easement (Sewer) and authorize the Town Manager to execute the agreement on behalf of the Town.

• CN11Angela Reincke, Parks Planning Project Manager

  Motion to approve a fee-in-lieu for Humie Olive Place with the original 4 lots for a total of 8 duplex units paying a fee of $2,157.44 per each unit and 2 additional lots with a total of 4 duplex units paying a fee of $2,705.23 per each unit.

• CN12John Mullis, Director 

  Motion to approve a Memorandum of Agreement (MOA) between Central Pines Regional Council (formerly Triangle J Council of Governments (TJCOG) and Town of Apex, effective July 1, 2023 through June 30, 2024, for the purpose of participating in the Solid Waste Consortium and to authorize the Town Manager to execute the agreement on behalf of the Town.

• CN13Laurie Hohe, Town Attorney

  Motion to approve an Ordinance Amendment to incorporate local acts into the Town Charter.

• CN14Mary Beth Manville, Human Resources Director

  Motion to approve the Fiscal Year 2024 Position Authorization List and the Fiscal Year 2024 Job Title and Market Range Inventory for the Town of Apex.

• CN15Steve Adams, Real Estate/Utilities Acquisition Specialist

  Motion to approve a resolution entitled “A Resolution to Abandon Portions of Existing Public Utility Easements”, located in the Reams Gove Subdivision.

PRESENTATIONS

• PR1Jacques K. Gilbert, Mayor 

  Proclamation designating July 2023 as Parks and Recreation Month within the Town of Apex and inviting all residents to utilize the natural spaces and recreation opportunities Apex offers to all people, as a way to get in touch with nature and invest in their physical and mental health.

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

• PH1Allen Coleman, Town Clerk

  Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex 0.67 acres, Alderwood Pond, Annexation No. 757 into the Towns Corporate Limits.

• PH2Amanda Grogan, Director

  Public Hearing and possible motion to approve the Fiscal Year 2023-2024 Annual Budget Ordinance and Fiscal Year 2023-2024 Fee Schedule.

• PH3Amanda Grogan, Director

  Public Hearing and possible motion to approve the Fiscal Year 2023-2024/2027-2028 Capital Improvement Plan and associated capital project ordinances

• PH4Liz Loftin, Senior Planner

  Public Hearing and possible motion to approve Rezoning Application No. 23CZ07 940 Tingen Road. The applicant, Jeff Roach, P.E., Peak Engineering & Design, PLLC, seeks to rezone approximately .21 acres from Residential Agricultural (RA) to High Density Multi-Family Residential-Conditional Zoning (HDMF-CZ). The proposed rezoning is located at 940 Tingen Road.

• PH5Shelly Mayo, Planner II

  Public hearing and possible motion to approve Rezoning Application No. 23CZ09 Hatcher Property Revision. The applicant, Patrick Kiernan, from Jones & Cnossen Engineering, PLLC, seeks to rezone approximately 28.842 acres from Rural Residential-Conditional Zoning (RR-CZ #22CZ12) to Rural Residential-Conditional Zoning (RR-CZ). The proposed rezoning is located at 0 Olive Chapel Rd; 1901 & 1911 Transit Trail.

• PH6Shelly Mayo, Planner II

  Public hearing and possible motion to approve Rezoning Application No. 23CZ11 Smith Farm Ph 5 PUD amendment. The applicants, Andrew Clark TR & Staley Smith; and Staley Smith, Aaron Smith Jr. & Haley Hoffler, seek to rezone approximately 30.11 acres from Planned Unit Development-Conditional Zoning (PUD-CZ Case No. 15CZ32) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 3223 US 64 Hwy West & 0 Air Park Dr.

OLD BUSINESS

UNFINISHED BUSINESS

NEW BUSINESS

• NB1Demetria John, Assistant Town Manager, Community and Safety Portfolio

  Receive as information an update on the Town’s Affordable Housing Incentive Zoning Policy and consider adopting the Affordable Housing Incentive Zoning Policy Procedures Manual. 

• NB2Shawn Purvis, Deputy Town Manager; Adam Stevenson, Transportation Engineering Manager

  Possible motion to award an Agreement between WE Brawley Company and the Town of Apex and approve Budget Ordinance Amendment No. 23 and Capital Project Ordinance Amendment 2023-17 for improvements to the Apex Cemetery and authorize the Town Manager to execute on behalf of the Town.

• NB3Antwan Morrison, Director

  Motion to approve an agreement with Western Wake Crisis Ministry Inc. (WWCM) to assist the Town with performing eligibility determinations based on the program criteria, and authorize the Town Manager to execute the agreement; and approve corresponding Budget Ordinance Amendment No. 20.

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Laurie Hohe, Town Attorney  

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

ADJOURNMENT