Regular Town Council Meeting 11/14/2023 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 the Town Council meeting schedule for calendar year 2024.

• CN2Adam Stephenson, Transportation Engineering Manager

  Motion to approve a Construction Agreement with CSX Transportation, Inc and the Town of Apex, for Hunter Street sidewalk connecting to the existing railroad crossing surface, and to authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• CN3Tim Herman, Fire Chief

  Motion to approve a Fire Protection Equipment Mutual Aid Agreement between the Town of Cary, Town of Morrisville and the Town of Apex, effective from the date of execution until July 1, 2024, and, thereafter shall renew automatically on July 1 of each subsequent year for twenty (20) years, for the sharing of equipment, and to authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• 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 November 28, 2023, on the Question of Annexation – Apex Town Council’s intent to annex 5.226 acres, located in Alderwood (two remaining parcels), Annexation No. 765 into the Town Corporate Limits.

• 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 November 28, 2023, on the Question of Annexation – Apex Town Council’s intent to annex 111.02 acres, located at Veridea No. 1 (Tracts One through Six), Annexation No. 766 into the Town Corporate Limits.

• CN6Allen 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 November 28, 2023, on the Question of Annexation – Apex Town Council’s intent to annex 17.41 acres, located at 9613 Horton Road, Annexation No. 768 into the Town Corporate Limits.

• CN7Adam Stephenson, Transportation Engineering Manager

  Motion to award a construction contract with Browe Construction Company and the Town of Apex, for the  construction of a sidewalk on the east side of Laura Duncan Road (from Pinewood Dr to Knollwood Dr), and to authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• CN8Allen Coleman, Town Clerk

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

  October 19, 2023 – Town Council Work Session Meeting Minutes

  October 24, 2023 – Regular Town Council Meeting Minutes

  October 27, 2023 – Town Council Strategic Planning Work Session Meeting Minutes

• CN9Chris Johnson, P.E., MPA, Director 

  Motion to approve an encroachment agreement between the Town of Apex and property owner Guoqiang Zhang and spouse Jin Gan, to install a fence that will encroach 116 linear feet (LF) onto the Sanitary Sewer Easement and authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

• CN10Craig Setzer, Director

  Motion to adopt an ordinance amending Chapter 13, Article III, Subsection 54 of the Town of Apex Code of Ordinances to provide a permit exemption to persons contracted with the Town to provide concession services on Town property and who would otherwise meet the definition of park concessioner under this article. 

• CN11Allen Coleman, Town Clerk

  Motion to approve the Wake County Tax Administration Tax Report for the Town of Apex dated October 10, 2023.

• CN12John Mullis, Director

  Motion to approve a Vehicle Lease between the Town of Holly Springs and the Town of Apex, for a 2014 Freightliner M2 106 Vacuum Leaf Truck, effective until February 28, 2024, and to authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

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 1^st Quarter of the 2023-2024 School Year.

• PR2Mayor Jacques K. Gilbert

  Proclamation recognizing November 2023 as Adoption Awareness Month in the Town of Apex and encouraging all individuals and families to support organizations that work with adoption and child welfare, and to consider if adoption or foster care is right for you and family.

• PR3Mayor Jacques K. Gilbert 

  Proclaiming Geographic Information Systems (GIS) Day - Wednesday, November 15, 2023 in the Town of Apex, and encourage all residents to explore the myriad of GIS tools available, and to acknowledge and appreciate all the great work our town staff puts into creating and utilizing them. 

• PR4Mayor Jacques K. Gilbert

  Proclaiming Small Business Day Saturday, November 25, 2023 in the Town of Apex, and encourage all residents to “Shop Small” and help support all of our small businesses in Apex and the people behind them that are our friends and neighbors

• PR5Mayor Jacques K. Gilbert, Sponsor

  Seaira Green, Executive Director

  Receive as information a presentation regarding current initiatives of the Western Wake Crisis Ministry (WWCM) located in Apex.

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

• PH1Dianne Khin, Director

  Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex 26.63 acres, Legacy Geometry Station, Satellite Annexation No. 770 into the Town Corporate Limits.

OLD BUSINESS

• OB1Councilmember Terry Mahaffey, Sponsor

  Possible motion to adopt an Ordinance Amendment amending Chapter 5 – Article 1 - Section 5-9 – State Building Code, Fire Code to require automatic fire sprinklers in all residential dwellings (Group R-3 occupancies and townhouses). UPDATE: Councilmember Mahaffey intends to make a motion to remove this item from consideration.  This motion will likely occur during the “Regular Meeting Agenda” section of the agenda.

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Laurie Hohe, Town Attorney

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

• 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