Regular Town Council Meeting 06/13/2023 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 Amendment to the Americans with Disabilities Act (ADA) Paratransit Services Agreement with Wake County, effective July 1, 2023 through June 30, 2024; and to authorize the Town Manager to execute 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 June 27, 2023, on the Question of Annexation - Apex Town Council's intent to annex 0.67 acres Alderwood Pond, Annexation No. 757 into the Town Corporate limits.

CN3Allen Coleman, Town Clerk

Motion to schedule a second budget public hearing for June 27, 2023 on the Annual Operating Budget and Capital Improvement Plan (CIP) for fiscal year 2023-2024.

CN4Eric Neumann, Director

Motion to adopt Budget Ordinance Amendment 18 to appropriate funds for electric system expansion.

CN5Amanda Grogan, Director

Motion to approve a Capital Project Ordinance Amendment No. 2023-08 to transfer appropriate funds for the Town Wayfinding Project and Hunter Street Bike Track Project.

CN6Michael Deaton, P.E., Director

Motion to approve an Amendment to Task Order No. 2, effective July 1, 2023 through June 30, 2026, with CDM Smith, Inc. under a Master Services Agreement for On-Call Professional Services (No. 2019-0025) approved on September 4, 2018, for implementation of the data management solution, leadCAST, and migration of the Lead Service Line (LSL) data into an inventory file within the leadCAST platform; and authorize the Town Manager to execute the agreement on behalf of the Town.

CN7Deputy Chief Mitch McKinney

Motion to approve a Master Services Agreement (MSA), effective July 1, 2023 through June 30, 2026, with Axon Enterprises Inc. for technology and software support for the following in the Apex Police Department (APD): Body Worn Cameras (BWC), Mobile Video Recorders (MVR), and Taster 7 Electronic Control Weapons (ECW); and authorize the Town Manager to execute the agreement(s) on behalf of the Town.

CN8Allen Coleman, Town Clerk

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

May 16, 2023 – Town Council Work Session Meeting Minutes

May 23, 2023 – Regular Town Council Meeting Minutes

CN9Katie Schwing, Senior Planner – Long Range Transit

Motion to approve a right-of-way (ROW) encroachment agreement with North Carolina Department of Transportation (NCDOT) to allow the Town to paint art on the public right-of-way at select GoApex bus stops (Attachment No.2) as part of the GoApex Bus Stop Sidewalk Art Project; and to authorize the Town Manager to execute the agreement on behalf of the Town.

CN10Russell Dalton, Traffic Engineering Manager

Motion to approve an Interlocal Agreement between the Town of Apex and Wake County Board of Education (BOE) in the amount of $2,250,000 for reimbursement of a portion of the various road and related transportation infrastructure improvements identified to support and benefit the Felton Grove High School project, including a commitment to accept maintenance and liability responsibility for speed humps on Thriftwood Drive and Derry Down Lane, and authorize for the Town Manager to execute the agreement on behalf of the Town.

CN11Antwan Morrison, Finance Director

Motion to adopt a Resolution authorizing the Chatham County Tax Administrator to collect taxes on behalf of the Town of Apex.

CN12Antwan Morrison, Finance Director

Motion to adopt a Resolution authorizing the Wake County Revenue Director to collect taxes on behalf of the Town of Apex.

CN12 - Coversheet - Resolution to Collect Taxes - Wake County.pdf (0.09 MB)
CN12-A1: Resolution to Collect Taxes - Wake County.pdf (0.05 MB)

CN13June Cowles, Senior Planner

Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application No. 23CZ05, Town of Apex, petitioner, for Pleasant Park, property located at 3400 Pleasant Plains Road (PIN 0731407544).

CN14Joshua Killian, Planner I

Motion to approve the Statement of the Town Council and Ordinance for Rezoning Application No. 23CZ06, Town of Apex, petitioner, for Hunter Street Park Addition, located at 1250 Ambergate Station (portion of PIN 0742531455).

CN15Allen Coleman, Town Clerk

Motion to approve Apex Tax Reports dated May 18, 2023.

CN15 - Coversheet - Tax Report - April 2023.pdf (0.09 MB)
CN15-A1: Tax Report for April 2023.pdf (0.45 MB)

CN16Chris Johnson, Director

Motion to approve revisions to the Town Standard Specifications and Standard Details.

CN17Amanda 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 Unified Development Ordinance (UDO) Amendments of May 23, 2023.

PRESENTATIONS

PR1Jacques K. Gilbert, Mayor

Proclamation recognizing the Apex High School "Lady Cougars" Softball Team on their recent North Carolina High School Athletics Association (NCHSAA) State Championship and designating June 13, 2023 as the "Apex High Lady Cougars Softball Champions Day" in the Town of Apex.

PR1 - Proclamation: Apex High School Lady Cougars Softball State Champions 2023.pdf (0.13 MB)

PR2Jacques K. Gilbert, Mayor

Proclamation recognizing the Apex Public Works Department for the critical role they have in connecting residents to services necessary for functioning and thriving in a healthy community, and designating June 13 through June 19, 2023 as "Public Works Week" in the Town of Apex.

PR2 - Proclamation: Apex Public Works Week 2023 - June 13 through June 19, 2023.pdf (0.12 MB)

PR3Jacques K. Gilbert

Proclamation recognizing 2023 as the Year of the Trail within the Town of Apex and encouraging residents to explore the marvels of the nature present in our beautiful town through our public trails, parks, and greenways.

PR3 - Proclamation: Year of the Trail - 2023.pdf (0.12 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

PH1Allen Coleman, Town Clerk

Motion to approve a Resolution of Intent for the closing of a right-of-way (ROW) on a portion of Burma Drive located South of Goodworth Drive and North of Pristine Water Drive and between two tracts owned by Apex Industrial Owner 3 LLC (See Survey Map Included); and to set a Public Hearing for Tuesday, June 13, 2023, following the required 30-day public notice period.

PH2Michael Deaton, P.E., Director

Public Hearing and possible motion to approve a resolution adopting the Water and Sewer System Fee Analysis and the recommended System Development Fees.

OLD BUSINESS

OB1Amanda Grogan, Director

Possible motion to adopt the Fiscal Year 2023-2024 Annual Budget Ordinance and Fiscal Year 2023-2024 Fee Schedule.

OB2Amanda Grogan, Director

Possible motion to adopt the FY2023-2024/2027-2028 Capital Improvement Plan and associated capital project ordinances

NEW BUSINESS

UPDATES BY TOWN MANAGER

CLOSED SESSION

CS1Laurie Hohe, Town Attorney

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

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

CS2Audra Killingsworth, Mayor Pro-Tempore

Possible motion to enter into closed session pursuant to NCGS 143-318.11(a)(3) to preserve attorney-client privilege.

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

ADJOURNMENT