Regular Town Council Meeting 08/13/2024 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:

CN1Craig Setzer, Director

Motion to approve a Product and Services Agreement between Active Network, Inc and the Town of Apex, to change the terms of the annual subscription from varying service and transaction fees to an annual subscription fee and lower charges per transaction, effective September 1, 2024 through June 30, 2025, and authorize the Town Manager and/or their designee to execute on behalf of the Town

CN2Timothy Herman, Apex Fire Chief

Justin Rosser, Police Capitan – Administrative Division

James Neuhaus, Communications Center Manager

Motion to approve a new 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.

CN3Allen 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 August 27, 2024, on the Question of Annexation - Apex Town Council's intent to annex 35.15 acres, known as Elevate 64 West, Annexation No. 785, into the Town Corporate limits.

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 August 27, 2024, on the Question of Annexation - Apex Town Council's intent to annex 21.56 acres, known as Chapel Ridge North, Annexation No. 787, into the Town Corporate limits.

CN5Allen Coleman, Town Clerk

Motion to reappoint the following members to the Apex Parks, Recreation and Cultural Resources (PRCR) Advisory Commission for three-year terms each and expiring June 30, 2027:

PRCR-006 – Lisa Esterrich – reappointment for 3rd Term

PRCR-007 – Michael Kanters – reappointment for 4th Term

Motion to appoint the follow member to the Apex Parks, Recreation and Cultural Resources (PRCR) Advisory Commission for a three-year term and expiring June 30, 2027.

PRCR-008 – Lisa Montoya – initial appointment (first term)

CN6Allen Coleman, Town Clerk

Motion to confirm the following leadership positions on the Parks, Recreation, and Cultural Resources (PRCR) Advisory Board for fiscal year 2024-2025:

Darryl Lanier, Chair of the Parks, Recreation, and Cultural Resources (PRCR) Advisory Board

Matt Carusona, Vice-Chair of the Parks, Recreation, and Cultural Resources (PRCR) Advisory Board

CN6 - Coversheet - Appointment(s) - Parks, Recreation, and Cultural Resources Advisory Commission.pdf (0.09 MB)

CN7Shawn Purvis, Deputy Town Manager

Motion to award a construction contract agreement between W. C. Construction Company and the Town of Apex, for Phase 2 of the Apex Cemetery Columbarium Project, and adopt Budget Ordinance Amendment 1 and corresponding Capital Project Ordinance Amendment 2025-1, and authorize the Town Manager, or their designee, to execute on behalf of the town.

CN8Matt Wetherell, Facility & Grounds Manager

Don Reeves, Sustainability Coordinator

Motion to approve a multi-year agreement between Blink Charging Co and the Town of Apex, to install charging infrastructure and provide network and date portal access and service warranties, effective August 2024 through August 2029, and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN9Eric Newman, Director

Motion to approve Sole Source Vender, Border States, to replace the regulator controllers at Mount Zion Substation.

CN10Tim Herman, Fire Chief

Motion to approve a second amendment to the Fiscal Year 2023-2025 Wake County Fire Protection to add funds approved in the Fiscal Year 2025 adopted budget for the provision of Fire Services under the Agreement, effective through June 30, 2025, and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN11Allen Coleman, Town Clerk

Motion to approve, as submitted or amended, Meeting Minutes from the following meetings:
- June 11, 2024 – Regular Town Council Meeting Minutes
- June 18, 2024 – Town Council Work Session Meeting Minutes
- June 25, 2024 – Regular Town Council Meeting Minutes
- June 27, 2024 – Special Town Council Meeting Minutes

CN12Mary Beth Manville, Director

Motion to approve the revisions to the Special Event Pay policy of the Town’s Personnel Policies Manual.

CN13Lori Avent, Water Resources Specialist

Motion to approve a Memorandum of Agreement (MOA) between the State of North Carolina’s Division of Water Resources, the Lower Neuse Basin Association and Permittees, and the Town of Apex, to fulfill the in-stream monitoring requirements required by the NPDES wastewater permit, effective through July 2029, and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

CN14Lauren Staudenmaier, Planner II

Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application No. 22CZ27, Jason Barron, Morningstar Law Group, applicant 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).

CN15Lauren Staudenmaier, Planner II

Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application No. 24CZ05, Matthew Carpenter, Parker Poe, applicant for 2228 Kelly Road (PIN 0732257946).

CN16Shelly Mayo, Planner II

Motion to approve the Statement of the Town Council and Ordinance for Rezoning Case No. 24CZ08, Matt Wetherell, Facilities & Grounds Manager, applicant, for property located at 0 & 1341 Perry Road (PINs 0741326706, 0741427922).

CN17Allen Coleman, Town Clerk

Motion to approve Apex Tax Reports dated June 03, 2024.

CN17 - Coversheet - Tax Report - May 2024.pdf (0.10 MB)
CN17-A1: Tax Report for May 2024.pdf (0.64 MB)

PRESENTATIONS

PR1Mayor Jacques K. Gilbert

Proclamation recognizing Tuesday, August 13, 2024 as "Apex Outreach Service Project Day" within the Town of Apex and express my deepest appreciation for the major impact this project has had for residents in Apex and beyond.

PR1 - Proclamation Celebrating Apex Outreach Service Project for 25 Years of Service and Success.pdf (0.14 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

PH1Angela Reincke, Parks Planning Manager

Possible motion to amend the Bicycle and Pedestrian System Plan Map along the Middle Creek Greenway corridor, to establish the Middle Creek Greenway Corridor route through Apex and connections to the corridor.

PH2Amanda Bunce, Current Planning Manager

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

NEW BUSINESS

NB1Adam Stephenson, Transportation Engineering Manager

Russell Dalton, Traffic Engineering Manager

NB2Dianne Khin, Director and Marty Stone, Assistant Town Manager

Discussion and possible direction regarding potential changes to the Façade Grant Program.

NB2 - Coversheet - Possible Changes to Facade Grant Program.pdf (0.09 MB)
NB2-A1: Staff Report.pdf (0.19 MB)
NB2-A2: Downtown Festival District map.pdf (8.32 MB)
NB2-A3: Façade Grant Program Application.pdf (0.22 MB)

NB3Russell Dalton, Traffic Engineering Manager

To receive as information regarding recommended improvements for the intersection of Old US 1 at Friendship Road & Holland Road.

NB3 - Coversheet - Old US Highway 1 at Friendship Road and Holland Road Improve.pdf (0.09 MB)
NB3-A1 - Friendship Rd Presentation.pdf (9.76 MB)

UPDATES BY TOWN MANAGER

TM1Randy Vosburg, Town Manager

Demetria John, Assistant Town Manager – Community and Safety Portfolio

Receive as information a presentation regarding the upcoming Chief of Police recruitment process.

UTM - Coversheet - Police Chief Recruitment Process Overview.pdf (0.09 MB)

CLOSED SESSION

CS1Steve Adams, Utilities Acquisition / Real Estate 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 (0.10 MB)

CS2Laurie Hohe, Town Attorney

Possible motion to go into closed session pursuant to NCGS 143-318.11(a)(3) to discuss the handling of the matter of Williams v. Town of Apex.

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

CS3Allen 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.

CS3 - Coversheet - Closed Session - NCGS 143-318.11(a)(1).pdf (0.10 MB)

ADJOURNMENT