Regular Town Council Meeting

AGENDA | REGULAR TOWN COUNCIL MEETING January 24, 2023 at 6:00 PM Council Chambers - Apex Town Hall, 73 Hunter Street The meeting will adjourn when all business is concluded or 10:00 PM, whichever comes first Town Council and Administration Mayor: Jacques K. Gilbert | Mayor Pro Tem: Audra Killingworth Council Members: Brett D. Gantt; Ed Gray; Terry Mahaffey; Arno Zegerman Town Manager: Catherine Crosby | Deputy Town Manager: Shawn Purvis Assistant Town Managers: Demetria John and Marty Stone Town Clerk: Allen Coleman | Town Attorney: Laurie L. Hohe SPECIAL ANNOUCEMENT The public is invited to attend a welcome reception for Councilmember Arno Zegerman on Tuesday, January 24, 2023, from 5:30 – 6:00 PM, just prior to the Town Council meeting. The reception will be held in the lobby of the Apex Town Hall located at 73 Hunter Street in Apex, North Carolina. Light refreshments will be provided. Councilmember Zegerman was appointed to the Apex Town Council on January 10, 2023 following an open and extensive application and selection process. Councilmember Zegerman was sworn-in at the January 12, 2023, Town Council Retreat meeting. COMMENCEMENT Call to Order | Invocation | Pledge of Allegiance Remarks by Councilmember Arno Zegerman 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: CN1 Agreement – CSX Transportation Inc. – Walkway Crossing Maintenance Agreement – Pleasant Park Project Daniel Edwards, Senior Capital Projects Manager, Administration CN2 Agreement – Duke Energy Progress LLC – Lease Agreement for Police Firearms and Training Site Jason Armstrong, Chief of Police CN3 Agreement Amendment - Apex Fire Department Station #2 Ground Lease Steve Adams, Utility Acquisition Specialist, Transportation and Infrastructure Page 1 of 4 CN4 Annexation No. 743 – 7624 Reams Ct. (Bhat Property) – 5.45 acres Allen Coleman, Town Clerk CN5 Annexation No. 745 – 1305 Holt Road – 5.367 acres Allen Coleman, Town Clerk CN6 Annexation No. 751 – 2705 Richardson Road – 3.677 acres Allen Coleman, Town Clerk CN7 Appointments - Environmental Advisory Board Allen Coleman, Town Clerk CN8 Appointments - Environmental Advisory Board Chair/Vice-Chair Allen Coleman, Town Clerk CN9 Appointments - Planning Board Allen Coleman, Town Clerk CN10 Appointments - Planning Board Chair/Vice Chair Allen Coleman, Town Clerk CN11 Contract Multi-Year - Kantola Training Solutions - Employee E-Learning Training Services – February 1, 2023 through January 31, 2026 Mary Beth Manville, Director, Human Resources CN12 Council Meeting Minutes Allen Coleman, Town Clerk CN13 Encroachment Agreement - 470 Grand Highclere Way Lot 8 Marty Stone, Assistant Town Manager CN14 Resolution of Support – Bus Stop Sidewalk Art Project Katie Schwing, Senior Planner – Long Range Transit, Planning CN15 Richardson Road - Temporary Closure Russell Dalton, Traffic Engineering Manager, Transportation and Infrastructure CN16 Position Authorization List Update - Fiscal Year 2023 Mary Beth Manville, Director, Human Resources CN17 Rezoning Case No. 21CZ27 - Tingen Road Residential - Statement & Ordinance Shelly Mayo, Planner II, Planning CN18 Rezoning Case No. 22CZ20 - The Preserve at Holt - Statement and Ordinance Shelly Mayo, Planner II, Planning CN19 Unified Development Ordinance (UDO) Amendments - January 2023 Dianne Khin, Director, Planning Page 2 of 4  PRESENTATIONS PR1 Financial Update - Fiscal Year 23 Mid-Year Review Shawn Purvis, Deputy Town Manager PR2 Proclamation - Human Trafficking Prevention Month 2023 Jacques K. Gilbert, Mayor 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 PH1 Budget Public Hearing - Fiscal Year 2023-2024 Amanda Grogan, Director, Budget & Performance Management PH2 Rezoning Case No. 22CZ13 - 2021 N Salem St PUD Amanda Bunce, Current Planning Manager, Planning PH3 Rezoning Case No. 22CZ23 - Yellowbridge PUD Amendment Lauren Staudenmaier, Planner II, Planning PH4 Rezoning Case No. 22CZ24 - Apex Gateway Ph 1 (Project Real amendment) Public Hearing Amanda Bunce, Current Planning Manager NEW BUSINESS UPDATES BY TOWN MANAGER Page 3 of 4  CLOSED SESSION Council will enter into closed session pursuant to: CS1 Laurie Hohe, Town Attorney RE: Town of Apex v. Marcia M. Lund; 22-CVS-11706 and Town of Apex v. Susan S. Mills, et al; 22-CVS-11707 NCGS §143-318.11 (3): “To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body.” CS2 Allen Coleman, Town Clerk NCGS §143-318.11 (1): “To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes.” CS3 Jacques K. Gilbert, Mayor NCGS §143-318.11 (6): “To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee.” ADJOURNMENT Page 4 of 4