Regular Town Council Meeting 04/08/2025 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 receive and accept the resident advisory board attendance reports for quarter one, which includes January, February, and March, of calendar year 2025. 

• CN1 - Coversheet - Advisory Board Attendance Reports - Quarter 1 2025.pdf (0.10 MB)
• CN1-A1: Arts and Culture Advisory Board Attendance Report 2025 – Quarter 1.pdf (0.51 MB)
• CN1-A2: Board of Adjustment Attendance Report 2025 – Quarter 1.pdf (0.52 MB)
• CN1-A3: Environmental Advisory Board Attendance Report 2025 – Quarter 1.pdf (0.52 MB)
• CN1-A4: Multimodal Transportation Advisory Board Attendance Report 2025 – Quarter 1.pdf (0.41 MB)
• CN1-A5: Parks and Recreation Advisory Board Attendance Report 2025 – Quarter 1.pdf (0.52 MB)
• CN1-A6: Planning Board Attendance Report 2025 – Quarter 1.pdf (0.52 MB)

• CN2Shawn Purvis, Deputy Town Manager

  Motion to approve a Utilities Infrastructure Reimbursement Agreement between Chatham County and the Town of Apex for a one-time reimbursement of $300,000 of public infrastructure costs (paid to the Town of Apex), and authorize the Town Manager or their designee, to execute on behalf of the Town.

• CN2 - Coversheet - Agreement - Utilities Infrastructure Reimbursement Agreement - Chatham County and Town of Apex - Apex Gateway Partnership Project.pdf (0.09 MB)
• CN2-A1: Utilities Infrastructure Reimbursement Agreement - - Chatham County and Town of Apex - Apex Gateway Partnership Project; and CONT-2022-113 – Mills Chatham Dev. Group LLC – Project Real Water – Sewer Incentive Agreement Executed.pdf (5.40 MB)

• 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 April 22, 2025, on the Question of Annexation - Apex Town Council's intent to annex 4.72acres project entitled Chinese Christian Mission Church, and located on Secluded Acres Road, Annexation No. 789, into the Town Corporate limits.

• CN3 - Coversheet - Annexation No. 789 - Chinese Christian Mission Church - 4.72 acres.pdf (0.09 MB)
• CN3-A1: Resolution Directing the Town Clerk to Investigate Petition; Certificate of Sufficiency by the Town Clerk; Resolution Setting Date of Public Hearing.pdf (0.10 MB)
• CN3-A2: Legal Description – Annexation No. 789 – Chinese Christian Mission Church – 4.72 acres.pdf (0.02 MB)
• CN3-A3: Aerial Map – Annexation No. 789 – Chinese Christian Mission Church – 4.72 acres.pdf (3.76 MB)
• CN3-A4: Plat Map – Annexation No. 789 – Chinese Christian Mission Church – 4.72 acres.pdf (0.20 MB)
• CN3-A5: Annexation Petition – Annexation No. 789 – Chinese Christian Mission Church – 4.72 acres.pdf (0.92 MB)

• 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 April 22, 2025, on the Question of Annexation - Apex Town Council's intent to annex 3.19 acres project entitled Apex Light Industrial, and located on Creekbird Road, Annexation No. 801, into the Town Corporate limits.

• CN4 - Coversheet - Annexation No. 801 - Apex Light Industrial - 3.19 acres.pdf (0.09 MB)
• CN4-A1: Resolution Directing the Town Clerk to Investigate Petition; Certificate of Sufficiency by the Town Clerk; Resolution Setting Date of Public Hearing.pdf (0.10 MB)
• CN4-A2: Legal Description – Satellite Annexation No. 801 – Apex Light Industrial – 3.19 acres.pdf (0.07 MB)
• CN4-A3: Aerial Map – Satellite Annexation No. 801 – Apex Light Industrial – 3.19 acres.pdf (4.64 MB)
• CN4-A4: Plat Map – Satellite Annexation No. 801 – Apex Light Industrial – 3.19 acres.pdf (3.80 MB)
• CN4-A5: Annexation Petition – Satellite Annexation No. 801 – Apex Light Industrial – 3.19 acres.pdf (1.21 MB)

• CN5Allen Coleman, Town Clerk

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

  • February 12, 2025 – Town Council Retreat Day One
  • February 13, 2025 – Town Council Retreat Day Two
  • March 11, 2025 – Regular Town Council Meeting Minutes

• CN5 - Coversheet - Council Meeting Minutes - Various.pdf (0.09 MB)
• CN5-A3: DRAFT Minutes - March 11, 2025 – Regular Town Council Meeting Minutes.pdf (2.21 MB)

• CN6Chris Johnson, Director, P.E.

  Motion to approve an Encroachment Agreement between the Town of Apex and property owner, Pulte Home Company, LLC, to install a driveway that will encroach 84 square feet (SF) onto the Public Drainage Easement, and authorize the Town Manager, or their designee, to execute on behalf of the Town.

• CN6 - Coversheet - Encroachment Agreement - 1461 Hasse Avenue.pdf (0.09 MB)
• CN6-A1: Encroachment Agreement -1461 Hasse Avenue.pdf (0.31 MB)
• CN6-A2: Exhibit A -1461 Hasse Avenue.pdf (1.06 MB)

• CN7Chris Johnson, Director, P.E.

  Motion to approve an Encroachment Agreement between the Town of Apex and property owner, Pulte Home Company, LLC, to install a sidewalk that will encroach 9 square feet (SF) onto the Public Drainage Easement and to authorize the Town Manager, or their designee, to execute on behalf of the Town.

• CN7 - Coversheet - Encroachment Agreement - Huxley Open Space.pdf (0.09 MB)
• CN7-A1: Encroachment Agreement - Huxley Open Space.pdf (0.31 MB)
• CN7-A2: Exhibit A - Encroachment Agreement - Huxley Open Space.pdf (1.07 MB)

• CN8Antwan Morrison, Director

  Motion to approve the amendments to the Fiscal Policy Guidelines for the Town of Apex.

• CN8 - Coversheet - Fiscal Policy Update.pdf (0.03 MB)
• CN8-A1: Fiscal Policy Guidelines Update.pdf (0.14 MB)
• CN8-A2: Financial Policy Update 2025.pdf (0.02 MB)

• CN9Karen Spurlin, Interim Director  

  Motion to amend the Personnel Policies for the Town of Apex effective April 08, 2025.

• CN9 - Coversheet - Human Resources (HR) Policy Updates - Town Personnel Policies.pdf (0.10 MB)
• CN9-A1: Town of Apex Personnel Policies Combined – Effective April 08, 2025.pdf (0.17 MB)
• CN9-A2: Article V. Conditions of Employment; Section 6 – Secondary Employment Amendment Only.pdf (0.03 MB)
• CN9-A3: Article VII. Holidays and Leaves; Section 18 – Family and Medical Leave Amendment Only.pdf (0.03 MB)

• CN10Steve Adams, Real Estate and Utilities Acquisition Specialist

  Motion to approve the acquisition of property located at 0 Pristine Water Drive (Recombination Plat Pin No 0741-93-8441 and 0741-93-2178) in Apex, North Carolina, for a purchase price of $15,000.00, to authorize the Town Attorney or Town Manager 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 on behalf of the Town.

• CN10 - Coversheet - Property Acquisition - 0 Pristine Water Drive - 0.9468 acre.pdf (0.10 MB)
• CN10-A1 Offer to Purchase and Contract – Property Acquisition 0 Pristi.pdf (0.26 MB)
• CN10-A2: Unrecorded Plat by Smith & Smith Surveyors – for 0 Pristine Water Drive -Apex, North Carolina.pdf (0.42 MB)

• CN11Steve Adams, Real Estate and Utilities Acquisition Specialist

  Motion to approve the acquisition of property located at, 0 Tingen Road (PIN No. 0731-70-6441) in Apex, North Carolina, for a purchase price of $135,000.00, 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 on behalf of the Town.

• CN11 - Coversheet - Property Acquisition - 0 Tingen Road - 5.5926 acres.pdf (0.09 MB)
• CN11-A1: Offer to Purchase and Contract – Property Acquisition 0 Tingen Road – Apex, North Carolina.pdf (0.29 MB)
• CN11-A2: Unrecorded Plat – Property Acquisition 0 Tingen Road -Apex, North Carolina.pdf (0.22 MB)

UPDATES BY TOWN MANAGER

PRESENTATIONS

• PR1Mayor Jacques K. Gilbert 

  AGENDA ITEM ADDED - Special Recognition - Cub Scout Pack 312

• PR2Mayor Jacques K. Gilbert 

  Proclamation recognizing the Month of April, 2025 as " Child Abuse Prevention Month" in the Town of Apex, and encourage the community to learn more about the potential signs of child abuse and do their part in protecting children across our community and the world. 

• PR1 - Proclamation - Child Abuse Prevention Month 2025 - April 2025.pdf (0.13 MB)

• PR3Mayor Jacques K. Gilbert 

  Proclamation recognizing the week of April 13 through April 19, 2025 as "Public Safety Telecommunicator Week" in the Town of Apex, and encourage all residents to extend their appreciation to these, heard but not seen, heroes, for the crucial service they provide to our Town.

• PR2 - Proclamation - National Public Safety Telecommunications Week 2025 - April 13 through April 19, 2025.pdf (0.14 MB)

• PR4Mayor Jacques K. Gilbert 

  Proclamation recognizing Saturday, April 19, 2025, as Nepal Day in the Town of Apex, and extending our appreciation to all the Nepali residents in Apex for helping make our Town so special.  

• PR3 - Proclamation - Nepal Day 2025 - Saturday, April 19, 2025.pdf (0.13 MB)

• PR5Mayor Jacques K. Gilbert

  Brianne Gill, Community Engagement Manager

  Presentation of the Tenth Annual “Think Apex” Awards to the “Top Thinker” and “Honorable Mention” in the categories of Business, Individual or Group, Non-Profit, and Youth

• PR4 - Coversheet - Think Apex Awards 2025.pdf (0.03 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 Satellite Annexation - Apex Town Council's intent to annex 7.243 acres, commonly referred to as Jainix South, located on Jenks Road, Satellite Annexation No. 792, into the Town Corporate limits.

• PH1 - Coversheet - Annexation No. 792 – Jainix South – Jenks Road – 7.243 acres.pdf (0.09 MB)
• PH1-A1: Annexation Ordinance – Satellite Annexation No. 792 – Jainix South – Jenks Road – 7.243 acres.pdf (0.04 MB)
• PH1-A2: Public Hearing Notice – Satellite Annexation No. 792 – Jainix South – Jenks Road – 7.243 acres.pdf (0.48 MB)
• PH1-A3: Legal Description – Satellite Annexation No. 792 – Jainix South – Jenks Road – 7.243 acres.pdf (0.04 MB)
• PH1-A4: Aerial Map – Satellite Annexation No. 792 – Jainix South – Jenks Road – 7.243 acres.pdf (1.57 MB)
• PH1-A5: Plat Map – Satellite Annexation No. 792 – Jainix South – Jenks Road – 7.243 acres.pdf (0.41 MB)
• PH1-A6: Annexation Petition – Satellite Annexation No. 792 – Jainix South – Jenks Road – 7.243 acres.pdf (0.73 MB)

• PH2Bruce Venable, Planner II

  Public Hearing and possible motion regarding amendments to the sign standards of the Unified Development Ordinance (UDO) as requested by East West Partners.

• PH2 - Coversheet - UDO Amendments-Signs-March/April.pdf (0.10 MB)
• PH2-A1 Staff Report - Unified Development Ordinance (UDO) Amendments-Projecting SignsMarch-April 2025.pdf (0.19 MB)
• PH2-A2: Planning Board Report to Town Council - Unified Development Ordinance (UDO) Amendments- Projecting Signs.pdf (0.53 MB)
• PH2-A3 Ordinance - Unified Development Ordinance (UDO) Amendments-Projecting SignsMarch-April 2025.pdf (0.14 MB)

• PH3Bruce Venable, Planner II

  Amanda Bunce, Current Planning Manager

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

• PH3 - Coversheet - Unified Development Ordinance (UDO) Amendments-Staff-March/April 2025.pdf (0.10 MB)
• PH3-A1: Staff Report - Unified Development Ordinance (UDO) Amendments-Staff - April 2025.pdf (0.30 MB)
• PH3-A2: Planning Board Report to Town Council - Unified Development Ordinance (UDO) Amendments-Staff.pdf (0.53 MB)
• PH3-A3: Ordinance - Unified Development Ordinance (UDO) Amendments-Staff - April 2025.pdf (0.27 MB)

OLD BUSINESS

UNFINISHED BUSINESS

NEW BUSINESS

• NB1B. Lamont Taylor, Housing Services Manager

  A. Motion to authorize the Town of Apex to extend a conditional commitment of $1,470,000 (loan) and $171,700 (grant) of Town Affordable Housing Funds for the Abbey Spring project to support the construction of 56 affordable rental housing units, subject to Wake County funding approval and the award of Federal tax credits.

  B. Motion to adopt Budget Ordinance Amendment No. 10 transferring $539,600 for the Abbey Spring project from available funding in the Affordable Housing Fund.

• NB1 - Coversheet - Abbey Spring Affordable Housing Funding Commitment.pdf (0.09 MB)
• NB1-A1: Abby Springs Recommendation Memo – Budget Ordinance Amendment No. 10.pdf (0.07 MB)
• NB1-A2: Evergreen Construction Company Memo – Funding Request - Budget Ordinance Amendment No. 10.pdf (0.22 MB)
• NB1-A3: Abby Springs Funding Recommendation PowerPoint - Budget Ordinance Amendment No.10.pdf (2.09 MB)
• NB1-A4: Budget Ordinance Amendment No. 10 – Abbey Springs Affordable Housing Funding Commitment.pdf (0.04 MB)

CLOSED SESSION

• CS1Steve Adams, Real Estate and Utilities Acquisition 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 143-318.11(a)(5).pdf (0.09 MB)

• CS2Laurie Hohe, Town Attorney

  Motion to enter into closed session pursuant to NCGS 143-318.11(a)(3) to discuss the town’s handling of the matter of Town of Apex v. Mills. 

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

ADJOURNMENT