Regular Town Council Meeting 06/25/2024 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 amend the 2024 Town Council Meeting Calendar.

CN1 - Coversheet - 2024 Town Council Meeting Calendar - Amendment No. 2.pdf (0.09 MB)
CN1-A1: Revised - 2024 Council Meeting Calendar No. 2.pdf (0.15 MB)
CN1-A2: Revised – 2024 Text Calendar No. 2.pdf (0.20 MB)

CN2Jenna Shouse, Senior Long-Range Planner

Motion to approve Amendment No. 2 to extend the existing contract between the Town of Apex and Wake County, effective until June 30, 2025, for the GoApex Community Development Block Grant (CDBG) Bus Stops Improvement and Sidewalk Project, and to authorize the Town Manager, or their designee, to sign on behalf of the Town.

CN3Taylor Wray, Cultural Arts Center Manager

Motion to award the United “Arts for Towns” Grant Agreement between United Arts of Council of Raleigh and Wake County, Inc and Town of Apex, effective July 1, 2024 through June 30, 2025, for a $5000 grant that will fund Monica Linares painting workshops at The Halle Cultural Arts Center, and authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN4Bill Spare, Fleet Services Manager

Motion to approve an Agreement Amendment No. 2 between Fleetio and Town of Apex, to renew terms and annual subscription costs for the modern fleet management software system, effective July 1, 2024 through June 30, 2026, and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN5Lamont Taylor, Housing Program Manager

Motion to approve modifications to the Apex Cares Homeowner Rehabilitation Program to increase the maximum assistance provided and establish three (3) additional rehabilitation assistance types and one (1) program to assist persons experiencing homelessness under the Apex Cares umbrella of programs.

CN6Allen Coleman, Town Clerk

Motion to appoint Patricia Birch to the Apex Housing Advisory Board (HAB) for a partial term, effective June 26, 2024 through October 31, 2024. This partial term was created by Valeria Cesanelli, Position No. HAB-2021-003.

CN7Allen Coleman, Town Clerk

Motion to appoint Jeff Hastings to the Voting, Wake County Non-Extra-Territorial Jurisdiction (ETJ) and Non-Corporate Limits Position on Apex Planning Board for a partial term, effective June 26, 2024 through December 31, 2024. This partial term was created by Ryan Akers, Position No. PB-005.

CN8Allen Coleman, Town Clerk

Motion to confirm the following leadership position(s) on the Public Art Committee (PAC) for fiscal year 2024-2025:
- Tom Colwell, Chair of the Public Art Committee (PAC)
- Sean Durham, Vice-Chair of the Public Art Committee (PAC)

CN9 - Coversheet - Appointment(s) - Public Art Committee - Chair-Vice Chair.pdf (0.09 MB)

CN9Allen Coleman, Town Clerk
1. Motion to reappoint Mr. Tom Colwell to the Public Art Committee (PAC) for a three-year (3) term expiring June 30, 2027.

CN8 - Coversheet - Appointment(s) - Public Art Committee.pdf (0.10 MB)
CN8-A1 - Appplicants at a Glance Packet.pdf (1.45 MB)

CN10Amanda Grogan. Director

Motion to approve Budget Ordinance Amendment 18 and corresponding Capital Project Ordinance Amendment 2024-22 transferring allocations from operating funds to respective Debt Service Funds and Capital Project Funds

CN11Michael Deaton, P.E., Director

Motion to approve a Master Services Agreement (MSA) between Cameron Testing Services, Inc. and the Town of Apex, effective July 1, 2024 through June 30, 2027, to perform required Total Coliform and E. Coli water quality texting on new development, and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN12Michael S. Deaton, P.E., Director

Motion to approve a Standard Services Agreement (SSA) between Pace Analytical Services, LLC., and Town of Apex, effective July 1, 2024 through June 30, 2027, for a required analysis to collect quarterly water samples for Disinfection Byproducts and Lead and Copper, and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN13Allen Coleman, Town Clerk

Motion to approve, as submitted or amended, Meeting Minutes from the following meetings:
- January 10, 2023 – Town Council Meeting Minutes Revised
- May 28, 2024 – Town Council Meeting Minutes

CN14Mary Beth Manville, Director

Motion to approve revisions to the Town’s Personnel Policy Manual to include the removal of the Additional Sick Leave policy and update to the Vacation Accrual policy

CN15Russell Dalton, Traffic Engineering Manager

Motion to approve an Ordinance Amendment to Traffic Schedule I and Traffic Schedule II of the Town of Apex Code of Ordinances in accordance with the provisions of Sections 20-60.1, 20-68, 20-69, and 20-70.

CN16Russell Dalton, Traffic Engineering Manager

Motion to approve an Ordinance amending Section 20-165(a) with removal of the references to the Knollwood and Brookfield Subdivisions and replacement with a reference to the current list of streets in subsections (1) through (14), and the addition of subsections (15) through (20) applying to six (6) additional streets in the Ananda and Parkside at Bella Casa subdivisions where parking will be prohibited on school days between the hours of 10:00 a.m. to 2:00 p.m.

CN17Mary Beth Manville, Director

Motion to approve the Fiscal Year 2024-2025 Pay Grades and Salary Ranges for the Town’s Pay and Classification Plan.

CN18Steve Adams, Real Estate and Utilities Acquisition Specialist

Motion to approve a resolution titled “Resolution to Abandon Portion of Existing Public Utility Easement” which will abandon areas shown on the attached exhibit at the North Carolina II LP property (Old Mill Village)

CN19Laurie Hohe, Town Attorney

Motion to Approve a Resolution authorizing execution of Kroger opioid settlement and approving the second supplemental agreement for additional funds.

PRESENTATIONS

PR1Jacques K. Gilbert, Mayor

Proclamation designating July 2024 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.

Proclamation - Parks and Recreation Month - July 2024.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 an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex 11.42 acres, located at 7019 Roberts Road, also known as Roberts Crossing Phase 2, Satellite Annexation No. 780 into the Town Corporate Limits.

PH2Dianne Khin, Director

Conduct a Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex 3.95 acres, located at 0 Dezola Street, also known as Horton Road Amenity Parcel, Annexation No. 781 into the Town Corporate Limits.

PH3Dianne Khin, Director

Conduct a Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex 2.4938 acres, Townes on Tingen, Annexation No. 782 into the Town Corporate Limits.

PH4Dianne Khin, Director

Conduct a Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex 1.882 acres, located at 1717 and 1713 Holt Road, Annexation No. 784 into the Town Corporate Limits.

PH5Dianne Khin, Director

Conduct a Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex 3.363 acres, Tobacco Road Place (Formerly Known As: Beauregard Place), Satellite Annexation No. 786 into the Town Corporate Limits.

PH6Dianne Khin, Director

Conduct a Public Hearing and possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex 0.672 acres, Castleberry Reserve, Satellite Annexation No. 783 into the Town Corporate Limits.

PH7June Cowles, Senior Planner

Public hearing and possible motion concerning Rezoning Application No. 24CZ09 Castleberry Reserve PUD Amendment. The applicant, Matthew Carpenter, Parker Poe, seeks to rezone approximately 104.09 acres from Planned Unit Development-Conditional Zoning (PUD-CZ #23CZ21) and Wake County Residential-80W (R-80W) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 8633, 8635, 8637, 8639, 8649, 8705, 8709, and 8717 Castleberry Road, 8309 Serenity Trail, and 4201 Diesel Path (portion of).

PH8Lauren Staudenmaier, Planner II

Public hearing and possible motion concerning Rezoning Application No. 24CZ05 2228 Kelly Road. The applicant, Matthew Carpenter, Parker Poe, seeks to rezone approximately 4.067 acres from Residential Agricultural (RA) to Medium Density Residential-Conditional Zoning (MD-CZ). The proposed rezoning is located at 2228 Kelly Road.

PH9Shelly Mayo, Planner II

Public hearing and possible motion concerning Rezoning Application No. 24CZ08 0 & 1341 Perry Road. The applicant, Matt Wetherell, Facilities & Grounds Manager, seeks to rezone approximately 50.55 acres from Light Industrial (LI) to Light Industrial-Conditional Zoning (LI-CZ) at 0 & 1341 Perry Road.

NEW BUSINESS

NB1Lauren Staudenmaier, Planner II

Discussion and possible motion concerning Rezoning Application #22CZ27 Center City Townhomes, Jason Barron, Morningstar Law Group, petitioner, for the properties located at 1316, 1314, 0, 1320, 1332, 1400, 1328, and 0 Center Street (PINs 0741994612, 0741993895, 0741993581, 0741995716, 0741996516, 0741997663, 0741995786, & 0741995610).

UPDATES BY TOWN MANAGER

CLOSED SESSION

CS1Laurie 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.

CS1 - Coversheet - Closed Session - NCGS § 143-318.11(a)(3).pdf (0.09 MB)

CS2Allen Coleman, Town Clerk

Possible motion to enter into closed session pursuant to NCGS § 143-318.11(a)(1) to prevent the disclosure of information that is privileged or confidential.

CS2 - Coversheet - Closed Session - NCGS 143-318.11(a)(1).pdf (0.09 MB)

CS3Randy Vosburg, Town Manager

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

CS3 - Coversheet - Closed Session - NCGS 143-318.11(a)(6).pdf (0.09 MB)

ADJOURNMENT