Regular Town Council Meeting 01/09/2024 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 Amendments.pdf (0.09 MB)
CN1-A1: Revised - 2024 Town Council Meeting Calendar - No. 1.pdf (0.15 MB)
CN1-A2: Revised – 2024 Text Calendar No. 1.pdf (0.19 MB)

CN2Michael Deaton, P.E., Director

Motion to award an agreement with Badger Meter, Inc. as Sole Source Vendor for the purchase of new water meters required for the Meter System Upgrade Project, and authorize the Interim Town Manager, or their designee, to execute on behalf of the Town.

CN3Russell Dalton, PE, Traffic Engineering Manager

Motion to approve Supplemental Agreement ID No. 12773 with North Carolina Department of Transportation (NCDOT) to extend the completion date for project U-5928, Apex Peakway, to December 31, 2028.

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 January 23, 2024, on the Question of Annexation - Apex Town Council's intent to annex 5.367 acres, located at The Preserve on Holt, Annexation No. 745 into the Town Corporate limits.

CN5Allen Coleman, Town Clerk

Motion to reappoint the following member to the Apex Board of Adjustment (BOA) for three-year term effective January 1, 2024 and expiring December 31, 2026.

Bryan Johnson, Regular Member of the Apex Board of Adjustment (BOA) – Corporate Limits

Motion to move the following members of the Apex Board of Adjustment (BOA) as Alternates 1 and Alternate 2:

Michael Sayers, move seat from alternate 2 to alternate 1 and keep term – February 28, 2023 – February 28, 2026 – Corporate Limits

William Hollenbeck, move seat from alternate 3 to alternate 2 and keep term – February 28, 2023 – February 28, 2026 – Corporate Limits

Motion to appoint Heidi-Marie Sisco to the Alternate 3 position on the Apex Board of Adjustment (BOA) for a three-year term effective January 1, 2024 and expiring December 31, 2026.

CN6Jenna Shouse, Senior Long-Range Planner

Motion to adopt Capital Project Ordinance Amendment 2024-10 allocating funding for the GoApex Bus Stop Improvements (Four Locations) and Sidewalk Connection Project.

CN7Allen Coleman, Town Clerk

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

November 28, 2023 – Town Council Regular Meeting Minutes

November 30, 2023 – Town Council Work Session – Public Safety

December 12, 2023 – Regular Town Council Meeting

December 14, 2023 – Town Council Work Session

CN8Karen Spurlin, Assistant Director

Motion to approve an amendment to the Town’s Personnel Policies.

CN9Antwan Morrison, Director

Motion to approve an Ordinance authorizing the creation of the petty cash and cash change drawer funds, as well as establishing operating procedures.

CN10Antwan Morrison, Director

Motion to amend resolution designating the Deputy Finance Officer position with the authority of the Finance Officer for the purposes of complying with the Local Government Budget and Fiscal Control Act.

CN11Liz Loftin, Senior Planner

Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case No. 23CZ16 Friendship Station Section 3 PUD Amendment, Charm City Developers, LLC, petitioner, for the property located at 0 Humie Olive Road (PIN 0721306888).

CN12Russell Dalton, P.E., Traffic Engineering Manager

Motion to approve North Carolina Department of Transportation (NCDOT) Certification of Municipal Declaration to Enact Speed Limits and Request for Concurrence for a 45-mph speed limit on Olive Chapel Rd between New Hill Olive Chapel Road and Apex Peakway, and revert the speed limit to 35-mph on Olive Chapel Road between Apex Peakway and NC 55 as its within municipal limits.

CN13Allen Coleman, Town Clerk

Motion to approve Apex Tax Reports dated December 11, 2023.

CN13 - Coversheet - Tax Report - November 2023.pdf (0.09 MB)
CN13-A1: Tax Report for November 2023.pdf (0.09 MB)

PRESENTATIONS

PR1Antwan Morrison, Director

Receive as information the Fiscal Year Ended June 30, 2023 financial audit report from the external auditors.

PR1 - Coversheet - Fiscal Year 2023 Audit - Annual Comprehensive Financial Report (ACFR).pdf (0.09 MB)

PR2Mayor Jacques K. Gilbert

Proclamation recognizing January 12 through January 15, 2024, as Dr. Martin Luther King Jr. Commemoration Weekend and Monday January 15, 2024 as Dr. Martin Luther King Jr. Day in the Town of Apex and encourage all residents to join in the celebrations and events throughout the weekend commemorating Dr. King and his incredible legacy.

PR2 - Proclamation - Honoring the Legacy of Dr. Martin Luther King Jr. 2024.pdf (0.13 MB)

PR3Mayor Jacques K. Gilbert

Proclamation recognizing the Month of January 2024, Human Trafficking Prevention Month in the Town of Apex and encouraging all residents to support measures that seek to eliminate the blight of human trafficking from our society.

PR3 - Proclamation - Human Trafficking Prevention Month 2024.pdf (0.10 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

PH1Amanda Grogan, Director

Public Hearing to receive citizen input regarding the formulation of the Fiscal Year 2024-2025 Annual Operating Budget – First Public Hearing.

PH2Amanda Bunce, Current Planning Manager

Public Hearing and possible motion regarding various amendments to the Unified Development Ordinance (UDO).

OLD BUSINESS

UNFINISHED BUSINESS

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

CS1Steve Adams, Real Estate/Utilities Acquisition Specialist

Possible motion to go 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 § 143-318.11(a)(5).pdf (0.09 MB)

CS2Brian Meyer, Deputy Town Attorney

Possible motion to go into closed session pursuant to NCGS 143-318.11(a)(3) to consult with the town attorney to discuss the handling of the matter of the ExperienceOne Homes LLC v. Town of Apex.

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

CS3Laurie Hohe, Town Attorney

Possible motion to go into closed session pursuant to NCGS 143-318.11(a)(3) to consult with the town attorney to discuss the handling of the matter of the Town of Apex v. CJS Assemblage, LLC.

CS3 - Coversheet - Closed Session - NCGS § 143-318.11(a)(3).pdf (0.09 MB)

CS4Councilmember Terry Mahaffey

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

CS4 - Coversheet - Closed Session - NCGS § 143-318.11(a)(3).pdf (0.09 MB)

CS5Councilmember Arno Zegerman

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

CS5 - Coversheet - Closed Session - NCGS § 143-318.11(a)(3).pdf (0.09 MB)

WORK SESSION

ADJOURNMENT