Regular Town Council Meeting 12/10/2024 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:

• CN1Matthew Reker, Utility Engineering Intern

  Motion to approve a Facility Encroachment Agreement No. CSX884583 between the Town of Apex and CSX Transportation, Inc. related to town water line construction and maintenance at North Chatham Street in Apex, North Carolina, and authorize the Town Manager, or their designee, to execute on behalf of the Town

• CN1 - Coversheet - Agreement - Facility Encroachment Agreement NC Chatham Street Water CSX.pdf (0.10 MB)
• CN1-A1: 2024 Facility Encroachment Agreement No. CSX884583 between the Town of Apex and CSX Transportation, Inc..pdf (0.87 MB)
• CN1-A2: 2024 Invoice - Facility Encroachment Agreement No. CSX884583 between the Town of Apex and CSX Transportation, Inc..pdf (0.02 MB)
• CN1-A3: Exhibit A - Facility Encroachment Agreement No. CSX884583 between the Town of Apex and CSX Transportation, Inc..pdf (1.01 MB)
• CN1-A4: 2024 Railroad Protective Liability Certificate of Insurance - Facility Encroachment Agreement No. CSX884583 between the Town of Apex and CSX Transportation, Inc..pdf (0.28 MB)
• CN1-A5: 2019 Agreement- Facility Encroachment Agreement No. CSX884583 between the Town of Apex and CSX Transportation, Inc..pdf (0.07 MB)
• CN1-A6: 2019 Invoice - Facility Encroachment Agreement No. CSX884583 between the Town of Apex and CSX Transportation, Inc..pdf (0.09 MB)

• CN2Eric Neumann, Director

  Motion to approve an amendment to the Load Management Agreement, previously adopted by the Town Council on October 08, 2024, between the Town of Apex and North Carolina Eastern Municipal Power Agency (NCEMPA) ElectriCities and authorize the Town Manager, or their designee, to execute on behalf of the Town.

• CN2 - Coversheet - Agreement - North Carolina Eastern Municipal Power Agency (NCEMPA) and the Town of Apex - Load Management Services - Continuous.pdf (0.09 MB)
• CN2-A1: Agreement – Load Management Agreement between North Carolina Eastern Municipal Power Agency (NCEMPA) ElectriCities and the Town of Apex.pdf (4.71 MB)

• CN3Tim Herman, Fire Chief

  Justin Rosser, Police Capitan – Administrative Division

  James Neuhaus, Communications Center Manager

  Motion to approve a “revised” Interlocal Agreement between the Town of Apex, Town of Cary, and Town of

  Morrisville (CAM Agencies) for Emergency Dispatch and Communications Services for the Town of Apex,

  effective three (3) years from the date listed in the first paragraph and automatically renew for up to nine (9)

  successive (3) year renewal terms, a total of 27 years.

• CN3 - Coversheet - Agreement Amendment - Interlocal Agreement between Town of Apex, Town of Cary, and Town of Morrisville - Emergency Dispatch and Communication Services.pdf (0.09 MB)
• CN3-A1: Revised Interlocal Agreement - Emergency Dispatch and Communication Services.pdf (0.08 MB)

• CN4Amanda Grogan, Director

  Motion to adopt Budget Ordinance Amendment No. 5 allocating various grant funds, reimbursement payments, and debt proceeds for affordable housing land purchase.

• CN4 - Coversheet - Budget Ordinance Amendment No. 5 – Grant Funds, Reimbursement Payments, Affordable Housing Land Acquisition, and Debt Proceeds.pdf (0.10 MB)
• CN4-A1: Budget Ordinance Amendment No. 5 – Grant Funds, Reimbursement Payments, Affordable Housing Land Acquisition, and Debt Proceeds.pdf (0.10 MB)

• CN5Allen Coleman, Town Clerk

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

  • October 25, 2024 – Town Council Strategic Planning Session
  • November 12, 2024 – Town Council Meeting Minutes

• CN5 - Coversheet - Council Meeting Minutes - Various.pdf (0.09 MB)
• CN5-A1: DRAFT Minutes – October 25, 2024 – Town Council Strategic Planning Session.pdf (0.56 MB)
• CN5-A2: DRAFT Minutes – November 12, 2024 – Town Council Meeting Minutes.pdf (1.00 MB)

• CN6Russell Dalton, Traffic Engineering Manager

  Motion to approve an Ordinance amending Chapter 20 – Traffic, Article V. Traffic Control Devices, Sub-Section 20-60.1 Traffic Schedule III, Parking Time Limits, of the Town of Apex Code of Ordinances, effective January 2, 2025. 

• CN6 - Coversheet - Ordinance Amending Chapter 20 – Traffic, Article V. Traffic Control Devices – Traffic Schedule III.pdf (0.10 MB)
• CN6-A1: Traffic Schedule III Map with Proposed Amendments.pdf (0.99 MB)
• CN6-A2: Ordinance Amending Chapter 20 – Traffic, Article V. Traffic Control Devices – Traffic Schedule III.pdf (0.03 MB)
• CN6-A3: Traffic Schedule III List of Amendments.pdf (0.02 MB)

• CN7Erika Sacco, Director

  Motion to approve a policy titled “Policy Prohibiting Viewing of Pornography on Town Networks and Devices” effective January 1, 2025 to comply with North Carolina State Law.

• CN7 - Coversheet - Policy Prohibiting Viewing Pornography on Town Networks and Devices.pdf (0.10 MB)
• CN7-A1 Policy Prohibiting Viewing Pornography on Town Networks and Devices.pdf (0.03 MB)

• CN8Marla Y. Newman, Director

  Motion to approve the acquisition of property located at 0 South Hughes Street and 930 South Hughes Street in Apex, North Carolina, for a purchase price of $5,887,500, to authorize the Town Attorney and Town Manager to make minor modifications to the Offer to Purchase and Contract not affecting the cost or acreage, and authorize the Town Manager or their designee to execute the Offer to Purchase and Contract and execute any other associated legal documents related to this acquisition.

• CN8 - Coversheet - Property Acquisition 0 South Hughes Street and 930 South Hughes Street - Apex, North Carolina.pdf (0.10 MB)
• CN8-A1: Offer to Purchase and Contract - Property Acquisition - 0 South Hughes and 930 South Hughes Street Apex NC.pdf (7.22 MB)
• CN8-A2: Recorded Plat - Property Acquisition 0 South Hughes and 930 South Hughes Street Apex NC.pdf (0.93 MB)

• CN9Antwan Morrison, Director

  Motion to approve a resolution authorizing a later issuance of public funding to pay for real property acquisition projects.

• CN9 - Coversheet - Resolution - Reimbursement of Real Property Acquisition Projects.pdf (0.09 MB)
• CN9-A1: Reimbursement Resolution – Real Property Acquisition Projects.pdf (0.04 MB)

• CN10Amanda Bunce, Current Planning Manager

  Motion to approve the revised Statement of the Town Council and Ordinance for Rezoning Case #23CZ20 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).

• CN10 - Coversheet - Rezoning Case No. 23CZ20 Sweetwater PUD Amendment-Statement and Ordinance-Correction.pdf (0.09 MB)
• CN10-A1: Statement of the Town Council and Ordinance to Amend the Official Zoning District Map – Rezoning Case No. 23CZ20 - Sweetwater PUD.pdf (0.15 MB)
• CN10-A2: Attachment A – Legal Description (revised) - Statement of the Town Council and Ordinance to Amend the Official Zoning District Map – Rezoning Case No. 23CZ20 - Sweetwater PUD.pdf (0.15 MB)
• CN10-A3: Attachment B – Sweetwater PUD amendment documents – Rezoning Case No. 23CZ20 - Sweetwater PUD.pdf (0.47 MB)

• CN11Eric Neumann, Director

  Motion to approve Safegrid as a Sole Source Vendor for smart fault indicators which utilize proprietary sensors and machine learning algorithms to help locate and predict faults on the Town’s electrical distribution grid.

• CN11 - Coversheet - Sole Source Vender - Safegrid - Smart Fault Indicators.pdf (0.09 MB)
• CN11-A1: Town of Apex Sole Source Vendor Justification Letter.pdf (0.04 MB)
• CN11-A2: Safegrid Proprietary Technology Letter.pdf (0.05 MB)
• CN11-A3: Safegrid Quote.pdf (0.15 MB)

• CN12Allen Coleman, Town Clerk

  Motion to approve the Apex Tax Report dated November 14, 2024.

• CN12 - Coversheet - Tax Report - October 2024.pdf (0.09 MB)
• CN12-A1: Tax Report for October 2024.pdf (1.71 MB)

PRESENTATIONS

• PR1Mayor Jacques K. Gilbert 

  Recognize and honor Town Employees who were deployed to Western North Carolina.

• PR1 - Coversheet - Meritorious Service Recognition - Employees Deployed to Western North Carolina.pdf (0.09 MB)

• PR2Mayor Jacques K. Gilbert

  Receive as information an overview of the Mayor’s Internship Program (MIP) and their current projects and activities. 

• PR2 - Coversheet - MIP - Apex Mayor's Internship Program (MIP) Update.pdf (0.09 MB)

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

  Conduct a Public Hearing and possible motion to adopt Ordinance 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. 7, into the Town Corporate limits.

• PH1 - Coversheet - Annexation No. 791 - Enderline Property - 308 Thorn Hollow Drive - 1.1018 acres.pdf (0.09 MB)
• PH1-A2: Public Hearing Notice – Annexation No. 791 – 308 Thorn Hollow Drive – 1.1018 acres.pdf (0.52 MB)
• PH1-A1: Annexation Ordinance – Annexation No. 791 – 308 Thorn Hollow Drive – 1.1018 acres.pdf (0.03 MB)
• PH1-A4: Aerial Map – Annexation No. 791 – 308 Thorn Hollow Drive – 1.1018 acres.pdf (4.08 MB)
• PH1-A5: Plat Map – Annexation No. 791 – 308 Thorn Hollow Drive – 1.1018 acres.pdf (0.19 MB)
• PH1-A3: Legal Description – Annexation No. 791 – 308 Thorn Hollow Drive – 1.1018 acres.pdf (0.04 MB)
• PH1-A6: Annexation Petition – Annexation No. 791 – 308 Thorn Hollow Drive – 1.1018 acres.pdf (1.22 MB)

NEW BUSINESS

• NB1Dianne Khin, Director

  Possible motion to approve an update to the Façade Grant Program to add Tier 3 grants.

• NB1 - Coversheet - Façade Grant Program Addition of Tier 3 Grants.pdf (0.10 MB)
• NB1-A1: Staff Report - Façade Grant Program - Addition of Tier 3 Grants.pdf (0.56 MB)
• NB1-A2 Facade Grant Program Application.pdf (0.24 MB)
• NB1-A3: September 17, 2024 – Town Council Work Session Meeting Minutes Approved.pdf (4.32 MB)
• NB1-A4: November 14, 2024 – Town Council Ad-Hoc Planning Committee Meeting Minutes DRAFT.pdf (0.12 MB)

UPDATES BY TOWN MANAGER

CLOSED SESSION

• CS1Mayor Jacques K. Gilbert

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

• CS1 - Coversheet - Closed Session - NCGS 143-318.11(a)(6).pdf (0.09 MB)

• CS2Mayor Jacques K. Gilbert

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

• CS2 - Coversheet - Closed Session - NCGS 143-318.11(a)(6).pdf (0.09 MB)

ADJOURNMENT