Regular Town Council Meeting 08/24/2021 06:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street

COMMENCEMENT

Call to Order | Invocation | Pledge of Allegiance

PRESENTATIONS

• PR1Keith McGee, Fire Chief

  Presentation of Medal of Honor to Captain Christopher Scott Pearson

• PR-FD Medal of Honor Presentation Cover Sheet2.pdf (0.09 MB)
• Blackburn Fire Recommendation Letter.pdf (0.52 MB)

• PR2Vance Holloman, Finance Director

  Presentation of an Update on the Town’s Customer Assistance Program.

• COVER SHEET Update APEX CAP.pdf (0.09 MB)
• CAP Update.pdf (0.90 MB)

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:

• CN1Donna B. Hosch, Town Clerk

  Motion to approve Minutes of the August 10, 2021 Regular Council Meeting

• CS - Minutes.pdf (0.09 MB)
• 2021.08.10 Meeting.pdf (0.53 MB)

• CN2Donna Hosch, Town Clerk

  Motion to approve the Apex Tax Report dated July 4, 2021.

• CS - Tax Report.pdf (0.09 MB)
• APEX-TAX-REP-DONNA-AUGMTG-2021.pdf (0.50 MB)

• CN3Colleen Merays, Downtown & Small Business Development Coordinator

  Motion to approve the Special Event Permit request and Town Sponsorship request for Apex Chanukah Festival on Sunday, November 28, 2021 in the Apex Depot Parking Lot and Plaza.

• Agenda Item Cover Sheet - NB Sponsored Event Application Chanukah Festival.pdf (0.09 MB)
• Special Event Application Cover Sheets - 08-24-21.pdf (0.06 MB)

• CN4Shelly Mayo, Planner II

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case #21CZ04 Williams Farm PUD.  Jessie Hardesty from the McAdams Co., is the petitioner for the property located at 4525 Green Level West Road.

• 21CZ04 Williams Farm PUD-Cover S&O.pdf (0.09 MB)
• 21CZ04 Williams Farm PUD Statement_Ordinance_Attachments_A_B.pdf (8.02 MB)

• CN5Shelly Mayo, Planner II

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case #21CZ09 Alderwood PUD.  Jessie Hardesty from the McAdams Co., is the petitioner for the properties located at 1533 Wimberly Road and 7912, 8000 and 8016 Jenks Road.

• 21CZ09 Alderwood PUD - Cover.pdf (0.09 MB)
• 21CZ09 Alderwood PUD -Statement_Ordinance_Attachments_A-B.pdf (18.47 MB)

• CN6Shelly Mayo, Planner II

  Motion to approve Statement of the Town Council and Ordinance for Rezoning Case #21CZ16 Heelan PUD Amendment.  Jason Barron, for M/I Homes, is the petitioner for the properties located at 8824 & 8829 New Hope Farm Road, 3108 & 3120 Olive Farm Road, and 0 Humie Olive Road.

• 21CZ16 Heelan PUD Amendment - Cover.pdf (0.09 MB)
• 21CZ16 Heelan PUD Amendment Statement & Ordinance & Attachments.pdf (14.62 MB)

• CN7Amanda Bunce, Current Planning Manager

  Motion to set the Public Hearing for the September 14, 2021 Town Council meeting regarding various amendments to the Unified Development Ordinance (UDO).

• Sept 14 2021 UDO Amendments-Cover CN-SPH.pdf (0.09 MB)

• CN8Marty Stone, Assistant Town Manager 

  Motion to approve an encroachment agreement between the Town and property owners Joseph David Cusumano and wife Reagan Layne Cusumano to install two private driveways that will encroach a total of 765 S.F. onto the Town’s 20’ Public Waterline and Electric Easements and authorize the Town Manager to execute the same.

• 01 Agenda Cover Sheet - 2609 New Hill Chapel Road Encroachment Agreement.pdf (0.09 MB)
• 02 Signed 2609 New Hill Olive Chapel Road Encroachment Agreement.pdf (0.25 MB)
• 03 2609 New Hill Olive Chapel Road Exhibit A.pdf (3.02 MB)

• CN9Craig Setzer, Director, Parks, Recreation & Cultural Resources

  Motion to approve changes to the FY 2021-2022 Fee Schedule to include rental fees for Apex Senior Center.

• CS_Fee Schedule Updates.pdf (0.09 MB)
• 2021.08.11_FY21-22 FeeSchedule.pdf (0.12 MB)

• CN10Colleen Merays, Downtown & Small Business Development Coordinator

  Motion to adopt ordinances modifying Town Code Section 14-14 as to the Parking Lot at 112 Saunders Street closed for a Special Event(s) during American Legion Oktoberfest & Car Show on October 30, 2021.

• Cover_Ordinance_Modification_for_Events.pdf (0.09 MB)
• Modification of Sec 14-14 for parking lot closed for AL Oktoberfest.pdf (0.01 MB)

• CN11Michael Deaton, P.E., Director

  Motion to approve an amendment to Town of Apex Ordinance 12-78 Limitations on Discharge to allow the Water Resources Director to authorize exemptions for warranted cases to discharge to the sanitary sewer.

• 01 Agenda Item Cover Sheet-Sewer discharge exception.pdf (0.09 MB)
• 02 Ordinance Amendment - Sewer discharge exception.pdf (0.02 MB)

• CN12Michael Deaton, P.E., Director

  Motion to approve a Fats, Oils, and Grease Ordinance providing legal authority for enforcement and inspection of Food Service Establishments as required by the Town’s Sewer Collection System Permit issued by the North Carolina Department of Environmental Quality. 

• 01 Agenda Item Cover Sheet-FOG Ordinance (1).pdf (0.09 MB)
• 02 Ordinance Amendment - FOG Ordinance-1.pdf (0.03 MB)
• 03 SOP 001 - FOG Enforcement Response Plan ver 1.1.pdf (0.02 MB)
• 04 Enforcement Response Plan.pdf (0.22 MB)
• 05 SOP 002 - FOG Inspection Plan ver 1.1.pdf (0.02 MB)
• 06 SOP 003 - FOG Risk Level Assessment ver 1.1.pdf (0.02 MB)

• CN13Keith McGee, Fire Chief

  Motion to approve an additional full-time firefighter position in the fire department and corresponding Budget Ordinance Amendment 4.

• Agenda Item Cover Sheet - Firefighter FTE.pdf (0.09 MB)
• Budget Ord. Amend. No. 4 FF position.pdf (0.03 MB)

• CN14Dennis Brown, Senior Capital Projects Manager

  Motion to approve and authorize the Town Manager to execute Contract Amendment #3 for GMP 3 with Construction Manager at Risk, J M Thompson, in the amount of $13,226,438.60 for the new Pleasant Park Project.

• AGENDA ITEM COVER SHEET_2021.08.24 Pleasant Park.pdf (0.09 MB)
• Executed GMP 3 Amendment.pdf (0.10 MB)
• GMP 3 Deliverable Final.pdf (3.00 MB)

• CN15Mary Beth Manville, Human Resources Director

  Motion to approve the COVID-19 Vaccine Incentive Policy for Town employees.

• ACS COVID Vaccine Policy.pdf (0.09 MB)
• COVID-19 Vaccine Incentive Policy.pdf (0.14 MB)

• CN16Mary Beth Manville, Human Resources Director

  Motion to approve the Personal Use of Social Media Policy for Town employees.

• ACS Personal Use of Social Media Policy.pdf (0.09 MB)
• Personal Use of Social Media Policy.pdf (0.16 MB)

• CN17Council Member Audra Killingsworth

  Motion to approve an Ordinance prohibiting possession of venomous and exotic dangerous animals within town limits.

• CS - Animals.pdf (0.09 MB)
• Ordinance - Animals.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

• PH1Liz Loftin, Senior Planner

  Public Hearing and possible motion to approve Rezoning Application #21CZ13 Evans Road PUD. The applicant Jason Vickers for Beazer Homes, seeks to rezone approximately 34.57 acres from Rural Residential (RR) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 0, 0, 2921, 2929, 3025, 3027, 3029, 3033 Evans Road, 0, 7616, 7628 Humie Olive Road & 0, 0, 2825, 2828, 2905, 2909, 2912, 2917, 2925 Walden Road.

• 21CZ13 Evans PUD Cover-PH.pdf (0.09 MB)
• 21CZ13 Evans Road PUD TC staff report-attachments.pdf (124.30 MB)

• PH2Liz Loftin, Senior Planner

  Public Hearing and possible motion to approve Rezoning Application #21CZ15 Chapel Ridge Towns PUD. The applicant, Toll Brothers, Inc., seeks to rezone approximately 21.60 acres from Rural Residential (RR) to Planned Unit Development-Conditional Zoning (PUD-CZ). The proposed rezoning is located at 1412 Olive Chapel Road; 1400, 1401, 1408, 1409 Barnside Lane and Barnside Lane right-of-way.

• 21CZ15 Chapel Ridge Towns PUD Cover Sheet PH.pdf (0.09 MB)
• 21CZ15 Chapel Ridge Towns PUD TC staff report-attachments.pdf (39.67 MB)

• PH3Amanda Bunce, Current Planning Manager

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

• Cover August 2021 UDO Amendments-PH.pdf (0.09 MB)
• TC Staff Report-August 2021 UDO Amendments.pdf (2.03 MB)
• Ordinance-August 2021 UDO amendments.pdf (0.53 MB)

• PH4Vance Holloman, Finance Director

  Public hearing and possible motions to making findings and determinations regarding the need to finance the cost of acquiring, constructing and equipping a new Public Safety Facility and acquiring, constructing and equipping a new office building for use by the Town’s Inspection Department, selecting a financial institution to  provide financing and authorizing staff to file an application with the Local Government Commission to approve an installment financing agreement for the projects of up to $8.7 million.  

• COVER SHEET Public Hearing IFA PSS 36 and IOB.pdf (0.09 MB)
• IFA Public Hearing Presentation.pdf (0.07 MB)
• IFA Resolution.pdf (0.26 MB)

OLD BUSINESS

UNFINISHED BUSINESS

• UB1Liz Loftin, Senior Planner

  Possible motion to adopt an Ordinance on the Question of Annexation – Apex Town Council’s intent to annex Edwin A. Goodwin, Testamentary Trust/Judy G. Hackney, Trustee (Hackney Tracts) property containing 2.867 acres located at 2600 Olive Chapel Road, Annexation #701 into the Town’s corporate limits

  AND

• Annex701 Public Hearing 8.24.2021-1.pdf (0.09 MB)
• Ordinance 2021-0824-10 Annexation #701.pdf (0.16 MB)
• PetitionLegalMaps.pdf (5.70 MB)

• UB2Liz Loftin, Senior Planner

  Possible motion to approve Rezoning Application #20CZ14 Hackney PUD, Statement of Town Council, and Ordinance. The applicant, Brendie Vega, WithersRavenel, seeks to rezone approximately 73.64 acres located at 0, 2500, and 2600 Olive Chapel Road (PINs 0721492629, 0722406699, & 0722411102) from Rural Residential (RR) and Wake County R-80W to Planned Unit Development-Conditional Zoning (PUD-CZ). This item was continued from the April 27, 2021 meeting.

• 20CZ14 Hackney PUD Cover Sheet.pdf (0.09 MB)
• 20CZ14 Hackney PUD TC staff report-attachments.pdf (29.90 MB)
• 20CZ14 Hackney PUD Statement & Ordinance.pdf (0.03 MB)
• 20CZ14 Hackney PUD Attachment A- Legal Description.pdf (0.18 MB)
• 20CZ14 Hackney PUD Attachment B- PUD text plan.pdf (4.44 MB)

• UB3Amanda Bunce, Current Planning Manager

  Possible motion regarding an amendment to the Unified Development Ordinance (UDO) requested by Tutu School Apex related to the Personal Service use in storefront locations downtown. The Public Hearing was held on July 27, 2021 and the vote continued to August 24, 2021.

• Cover July 2021 UDO Amendment-UB.pdf (0.09 MB)
• TC Staff Report July 2021 UDO Amendments-8-24-21.pdf (3.49 MB)
• Ordinance-July 2021 UDO amendment.pdf (0.13 MB)

NEW BUSINESS

UPDATES BY TOWN MANAGER

• TM1Catherine Crosby, Town Manager

  Updates on Town Operations by Town Manager Crosby.

• CS - TM Updates.pdf (0.09 MB)

CLOSED SESSION

WORK SESSION

ADJOURNMENT