Regular Town Council Meeting 09/10/2024 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:

CN1Katie Schwing, Senior Planner – Long Range Transit

Motion to approve an Agreement Amendment No. 1 between the Town of Cary and the Town of Apex for Remix Transit Planning software cost reimbursement, to assist with long range transit planning, not to exceed $8,500, effective August 1, 2024 and ending July 31, 2025, and to authorize the Town Manager, or their designee, to execute the agreement 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 September 24, 2024, on the Question of Annexation - Apex Town Council's intent to annex 15.9428 acres, known as Oliver Property – Humie Olive Road, Annexation No. 788, into the Town Corporate limits.

CN3Allen Coleman, Town Clerk
1. Motion to reappoint Linda Barrett to the Transit Advisory Committee (TAC) for a three-year (3) term expiring July 31, 2027.

CN4Michael Deaton, P.E., Director

Motion to approve a Master Services Agreement (MSA) between Clearwater, Inc. and the Town of Apex, to perform wastewater, pump station, water distribution repairs, replacements, and new installation as needed, effective through September 30, 2027 and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN5Michael Deaton, P.E., Director

Motion to approve a Master Services Agreement (MSA) between Jack Moore & Associates, Inc. and the Town of Apex, to perform emergency preventative maintenance and repair for water appurtenances and altitude valve maintenance at water towers, effective through September 30, 2027, and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN6Michael Deaton, P.E., Director

Motion to approve a Master Services Agreement (MSA) between KB Power Systems, LLC. and the Town of Apex, to perform emergency electrical and alternative power services at Town facilities and pump stations, effective through September 30, 2027, and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN7Michael Deaton, P.E., Director

Motion to approve a Master Services Agreement (MSA) between Vision NC, LLC., and the Town of Apex, to perform emergency pump and haul, pipe cleaning, video inspection, and flow monitoring services, effective through September 30, 2027 and to authorize the 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 meetings:
- August 13, 2024 – Regular Town Council Meeting
- August 20, 2024 – Town Council Work Session

CN9Shawn Purvis, Deputy Town Manager

Motion to approve amended Town of Apex Electronic Signature Policy, to allow electronic signatures for contracts in the formal bidding range, effective September 10, 2024.

CN10Russell Dalton, Traffic Engineering Manager

Motion to adopt a Resolution Supporting Abandonment of a Portion of Chapel Ridge Road (SR 1197, Wake County) by the North Carolina Department of Transportation.

CN10 - Coversheet - Resolution Supporting Abandonment of a Portion of Chapel Ridge Road by North Carolina Department of Transportation (NCDOT).pdf (0.09 MB)
CN10-A1 - Resolution Supporting Abandonment.pdf (0.02 MB)
CN10-A2 - Vicinity Map.pdf (1.90 MB)
CN10-A3 - Abandonment Exhibit.pdf (2.18 MB)
CN10-A4 - Chapel Ridge North overall site plan.pdf (3.12 MB)

CN11Joshua Killian, Planner I

Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application No. 23CZ24, East West Partners Management Co, petitioner, for the properties located at 1405 and 1407 Zeno Road.

CN12Liz Loftin, Senior Planner

Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case No. 24CZ07 The Townes at Parkside PUD, Charm City Developers, LLC, petitioner, for the property located at 0 Olive Chapel Road and portion of 2437 Olive Chapel Road (PINs 0721572670, 0721585231 portion of).

CN13Liz Loftin, Senior Planner

Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case No. 24CZ13 La Farm Bakery, petitioner, for the property located at 202 South Salem Street (PIN 0742306498).

CN14Amanda Bunce, Current Planning Manager

Motion to approve the Statement of the Apex Town Council pursuant to G.S. 160D-605(a) addressing action on the Veridea Pattern Book approved on August 27, 2024.

CN15Allen Coleman, Town Clerk

Motion to approve Apex Tax Reports dated July 8, 2024 and August 6, 2024.

CN15 - Coversheet - Tax Report - June and July 2024.pdf (0.09 MB)
CN15-A1: Tax Report for dated June 2024.pdf (0.50 MB)
CN15-A2: Tax Report for dated July 2024.pdf (1.07 MB)

PRESENTATIONS

PR1Mayor Jacques K. Gilbert

Proclamation recognizing the month of October 2024 as "Italian American Heritage Month" in the Town of Apex, and encourage all residents to celebrate and observe this month with appropriate programs, ceremonies, and activities.
PR2Mayor Jacques K. Gilbert

Proclamation recognizing the month of September 15 through October 15, 2024, as "National Hispanic Heritage Month" in the Town of Apex, and encourage residents to immerse themselves in the cultural opportunities provided throughout this month.

PR2 - Proclamation - National Hispanic Heritage Month 2024 - September 15 through October 15, 2024.pdf (0.10 MB)

PR3Mayor Jacques K. Gilbert

Proclamation recognizing September 11, 2024, as "Patriot Day" in the Town of Apex, and calling upon all residents to solemnly reflect on this tragedy and show appreciation for all first responders in our town and country.

PR3 - Proclamation - Patriot Day 2024 - September 11, 2024.pdf (0.10 MB)

PR4Mayor Jacques K. Gilbert

Tracy Weeks, President, Carolina Academy of Performing Arts Theatre Inc.

Receive as information a presentation from leadership at Carolina Academy of Performing Arts (CAPA) regarding a potential center and site(s) in the Apex community, and discussion as appropriate.”

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

NEW BUSINESS

NB1Russell Dalton, Traffic Engineering Manager

Discussion and possible motion to adopt an ordinance amendment to Chapter 20, Article VIII, to Sections 20-162, 20-167, and 20-171 of the Town Code and to adopt Traffic Schedule III, Parking Time Limits.

UPDATES BY TOWN MANAGER

CLOSED SESSION

CS1Steve Adams, Utilities Acquisition and Real Estate Specialist

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

CS1 - Coversheet - Closed Session - NCGS 143-318 -.pdf (0.09 MB)

CS2Laurie 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.

CS2 - Coversheet - Closed Session - NCGS § 143-318.11(a)(3).pdf (0.09 MB)

ADJOURNMENT