Parks & Rec Advisory Board Meeting

They'll be there'll be number

run into them. But that's the tough part about being around college campus on a day like this. Everybody is wandering around but nobody is paying attention.

Yeah, I'll tell you something.

Okay.

Hi Darren.

I kind of

All right. Good evening everyone. Call the meeting to order for Apex regular town council meeting Tuesday, August 25th, 2026. Welcome to those who joined us by live stream via YouTube. We'll transition right into the invocation. I have a diversity statement. The town of Apex values and celebrates diversity and inclusion. We see diversity as a strength that binds our community together. Inviting members from different faith communities to deliver the invocation at the beginning of our council meetings supports this unity. Recognizing that not everyone practices the same traditions, we welcome you to have a private moment of silence or reflection. We have this evening the invitation going to be provided by Hindu Sim Sebach Singh. That close enough.

Okay. All right. Thank you for that correction. All right. We'll have you to come on up and provide a presentation for us. You have the mic. Uh honorable mayor sir, members of town council and apex residents, good evening and namaste everyone. Uh on behalf of Hindu Suam Sebak also known as HSS, we are honored to be here to celebrate and observe the festival of Raksha Bandhan with you all. Uh we also call it the bond of protection and universal oneness day. As part of this tradition, we will tie a bracelet also known as a raki on your right wrist as a symbol of goodwill, protection and mutual respect. and we also offer our best wishes for your well-being, happiness and continued

success. We also want to say thank you for your leadership and service to the town of Apex in fostering a safe, vibrant and welcoming community for all residents. Uh thanks for having us here and happy to all. So I would request all our volunteers to please come and that's okay.

Yes. Yeah. If any res Thank you. Can you please cut me?

Thank you. Go. Go.

Do you want to do the picture?

Okay.

Couple more people in the middle

two rows. No, I think this if you guys could just slide in just a little bit more. Just feel like it's very like bunched up right here and a little bit less right there.

All right, here we go. Three, two, one. Thank you so much. All right, we'll go ahead and move now into the pledge. I'm going to call up Aentia, Scouting America Troop 205, who's going to lead us in the pledge of of allegiance. If you would please stand. I pledge algiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all.

Thank you so much.

All right, we move now into announcements and petitions by governor body. We'll start with the mayor proam.

Uh thank you, mayor. I two quick things I wanted to mention to the board. Um if you recall, I was appointed to the NCLM, the North Carolina League of Municipalities Policy Committee. We met for the first time today. We're going to have a process over the next couple months where we have meetings around the state collecting feedback from various municipalities uh to develop a legislative agenda for the league. And I don't quite have the the dates and times on me now, but there should be a meeting or at least a virtual option for uh you know any member of the town to participate in to help fill that agenda. And they're looking at adoption probably around December or January in time for the next session. Um so that's an in progress. And uh another small note, if you guys uh recall, I'm the um delegate on the board of delegates for Central Pines and I was also asked to serve on Triangle Bikeway Policy Forum as a Central Pines representative. So that'll be fun. Sorry it's not you, but I think I had to be a a board delegate. So

I'll work through you.

Yes, I will try to represent you. Well, so that's all. Thank you, mayor.

All right. Thank you so much, Council Member Gray.

I'll start off by saying thank you to Council to Mayor Proent MafI for taking yet another meeting off my shoulders. Appreciate that.

Um I do want to say thank you and just one mo note I want to make. I want to say thank you to uh Apex Police Department. Um uh and particularly because um schools uh are now back fully in swing except for I think track four um which I think starts in a couple of about three more weeks. But uh schools are back in session. Kids are out walking. Kids are driving around. Kids are in the street. Kids are doing what kids do. Um and it's something that you know our speeds need to decrease um in order to maintain safety. And I I want to give a special uh thank you to those at Apex PD because we've seen the presence. It's been something that's um

important to to do, especially at this time of the year. And I would ask all those who are residents who work and play here. Um just keep in mind that, you know, things are going to be a little crazy for the next month or so. We're going to have a lot of additional smaller, sometimes harder to see uh objects out there on the road. Let's let's give each other grace. Let's, you know, take the speeds down. remember we've got our future out there and make sure that we're taking care of them. So, thanks to APD for the additional focus and I'll ask for all my fellow residents to take that focus on as well. That's all I have.

Thank you, Councilman. All right, Council Member Zerman.

Um, nothing for tonight, Mr. Mayor.

Okay. All right. Thank you, Council Member Moo.

Um, I'd like to introduce this lovely young lady just next to me, uh, Adueta. She's from Green Level High and she's shadowing me. I'm always so happy to see our young generation uh interest in interested interested in public service and our town business. Thank you. Welcome. Thank you.

All right. Thank you.

All right. Thank you, Council Member Moo. Council member Reese.

Yes. Thank you. Uh I was going to echo some of the comments from Council Member Gray. just uh welcome all the students on traditional calendar back um and as well as the teachers. Thank you for all you do. And the point I wanted to um make was that we have some new crosswalks um and some of them are near schools and so please um ensure that uh you're doing your best to be as patient as you can as students scurry around the campuses. Uh the second thing I wanted to say was just um we know utility uh costs are incredible. That is a national issue. Heat map news uh uh published a report that found that um nationally

uh your average um residential uh electricity bill was um 71% higher in the month of July than it was in April. 71% higher in July than it was in April. This is a national issue and so sometimes we feel like we're, you know, dealing with it locally and we absolutely are, but sometimes these are also happening on the macro. So, um, thank you again for your patience and ideally those bills will come down over the next couple months. Thank you, mayor.

You got it. All right. I just have two quick items. Um, I just want to say, uh, start off with something just address the elephant in the room. Um, there's a lot of discussion going on around Apex Friendship High School, Apex High School, and potentially Felt Grove, and it is the talk about the cookies and cream milkshakes at Cookout. Everybody's excited about that. Actually, I want to transition to something really big. It's is huge. Um, the Apex Friendship High School men's or boys soccer team. I did see them at Cookout this weekend. They are ranked number one in the nation.

Wow.

Yes. So, we're going to root them on and support them and uh they promised me that they will win the state championship. So, we'll see what happens. So, just a shout out to Apex Friendship soccer team. All right. And I also want to recognize Officer Lamb for being here. Apex PD for proving security tonight. Thank you. All right. Moving on. We go to the adoption of the meeting agenda. Mr. Clerk, are there any recommended changes to the meeting agenda?

Um, mayor, I have one recommended uh change. Uh, with regard to um C town clerk's report um items number TC1 through TC6, like to have those move. I beg for the indulgence of my fellow council members to do that so that I can get additional questions answered. So, I'd move to have those uh presented at

the next available uh appropriate meeting.

Okay.

Second to clarify, the next available meeting will be September 15th, which is a work session.

Is that good?

That's fine. I move to adopt the agenda as modified.

All right. Motion approach.

I think uh council member Reese wanted to second. He was very eager at that earlier. So,

sure. Yeah. Second.

Okay,

let's go.

Favor say I.

I.

All right, motion carries.

Consent agenda.

Yes.

Recommended changes.

Uh, yes, sir. Uh, consent item number six, attachment B has been updated. That's the Vidia SD plan amendment. Attachment B is the put text. So,

right. Hearing that. Any other changes from council hearing? None. Is there a motion?

I'll make a motion to approve the consent agenda.

Motion. Ziggerman.

Second.

Second. Gray featur.

All in favor say I.

I

oppose.

All right. Motion carries. We'll move now to the town manager report. Matters.

All right. Thank you, mayor. Good evening, council. We're flying through the agenda, so I don't want to stop that process. I'll have a brief update this evening. U first two items, you'll notice a theme. We are attempting to be even more information forward. Um I'll say and so we've got two things we want to announce tonight that are in the works. Uh we're going to launch uh the goal right now is for October 1st. Uh and it will be I don't have the exact terminology, but it'll be our PECard statements as staff. We'll we'll have those put on our website. Uh so there'll be a page where you can read through those. It'll have looks like about eight different fields. Uh so you can review those. And so that will be going forward where we will put the PECARD statements uh for full viewing uh on the public website. The next item uh we are launching this week and uh be patient with us. We're we're building it and adding information to it. It'll be called Apex Answers and it will be on

the town website. Uh we will do outreach through all the other sources including social media to um direct people to this page. uh be known as Apex Answers and it's intended to be a dynamic web page that kind of looks at some of the discussions that are happening in the community uh and where those uh intersect with town issues, town hot topics. We will put those on the page. Right now, we're building out about eight items. Uh but expect that to change. It could be something different going forward. Like I said, it's meant to be dynamic. The hot topics now it gives people a trusted source of information that you can come to. You can read about it. The format is it'll have the the topic. It'll have a short answer if you want to be quick. Get get a quick snippet and go somewhere else, but then there'll be a long answer section underneath that'll have other resources, links to videos, links to other web pages. If there's something already on the town uh web page that we've developed, it'll take you to that as well. So, you can spend a lot of time or you can spend a little bit of time, but you'll know that it's coming from the town and we're going to try and be responsive to those issues that we uh hear about swirling in the community. So, we're excited to launch that. Again, it won't have all eight of those right away, but as we build it, we'll have a couple of items this week and then we'll keep adding to that as the weeks go by.

Allow me to say thank you for doing that. That's a that's I think that's a real necessary thing. Um, it's a web page. I know we talk about we talk through social media. Um, is there going to be a component where this will be outreached through social media? And and a follow-up to that is is that something that we can use for our social media because I think it's important for that that unity of voice to to to really kind of pop out from one from from that source. So anything we can do to help amplify that I think would you know I I think my colleagues would agree would be a great thing to help answer a lot of these questions.

Thank you so much. We uh intend we'll probably have a our comm's team will put together a nice graphic. We'll share it on socials. Everybody will be able to share it. the the concept of pointing back to this page um is a lot of times on social media you get information here

and then someone else posts something different and this will take you to one source you can read it and you can always go back to socials and comment on not if you want or make your own post but we will try and direct people here they can read the information and then do what they want with that but we'll definitely make it sharable and link it to the socials as well.

Okay, next item. This is an exciting one. And we have our staff in the back row uh in against the wall here. I'm gonna invite the chief up. I don't want to steal your thunder. So, Chief Herman, if you would come on up first and if you could make our um

I will I will set it up. This is a big deal for Apex and we can talk a little bit about that after the chief goes, but

Yep. Yep. Good evening, Mayor Council. I come bearing great news.

So I I two weeks ago I stood here and knocked on wood to hope I didn't jinx myself and we didn't. So let me go through this process here. Uh the Apex Fire Department is extremely proud to announce that we are awarded international accreditation status through the center of public safety excellence for the very first time.

Congratulations I appreciate that. While this may be newly awarded, the accreditation model itself is not new to us. For many, many years, we have intentionally incorporated the principles of accreditation into the way we operate. We have worked to make continuous improvement part of our culture. We have strategically woven this model into our organization and we've made it our own. It has challenged us to examine who we are, how we operate, and most importantly, how can we become better. There are roughly 350 accredited fire departments in the world. Of those, only

130 are also ISO class one. North Carolina has 26 accredited fire departments. And in Wake County, there's only four. We just made the fourth and I'd like to report that three of the four are part of CAM Kerry Apex and Morrisville. So, we finished that loop. Uh I want to take this moment and recognize the 124 men and women, many in the room behind me uh of the Apex Fire Department for embracing this philosophy. Accreditation is not something that belongs to me as the fire chief. It does not belong to one division. It does not belong to our accredititation manager. It belongs to our entire organization. It requires a shared commitment and accountability, consistency, evaluation, and improvement. We believe this model provides a foundation necessary to operate an allhazard emergency services organization in today's increasingly complex environment. A strong foundation allows an organization to move beyond simply managing issues of today and preparing for challenges of tomorrow. We also understand that excellence is not defined by perfection. It is defined by our willingness to identify opportunities, accept constructive feedback, take action, and continue moving forward in all that we do. So what is accreditation? I get this question all the time. It is an A toz peer-reviewed evaluation of all we do rooted in strategic planning, risk assessment, program appraisals, and our standards that we follow. It covers from finance to HR, from hiring to promotions to training, from facilities to firet trucks, external relationships to communications, and of course, our emergency response plans, and much more. It's like a physical fitness program for our entire fire department. It took all of us and this is only I I I get the fortune to stand up here as your fire chief and make this speech. This is

a small glimpse of behind me, but it takes a village. It took all of us uh to include you. All right. So, town leadership, both this council and this administrative administration has supported us from the beginning on this and we are so grateful. But I'm going to call two people out. You got to be careful when you start naming folks. But I feel confident to call these two people out and they're going, "Is it who is it?"

But if it were not for these two key people within our department, we would not be here tonight. Number one, assistant fire chief of professional standards and our accredititation manager, Michael Frickman. And second, our accredititation and data specialist, SAMANTHA GOSSARD. THESE TWO INDIVIDUALS, THEY TOOK the reigns by the horn here and worked tirelessly and got us through this process. So, at this time, I would like to not only call them two up, but every fireperson in the room to come forward. If y'all don't mind, we've got the awarded plaque here, and I'd love for y'all to come down and we get a couple pictures.

Yes, sir.

Come on. Oh yeah,

Randy.

Demetria.

Oh, we got some over here. And let's let's the middle move forward just a little bit and then everybody on the side squeeze in as much as you can.

All right, everybody. Everybody go in this way. Everybody move one step forward. And now let's have a couple. Let's Yeah, let's do a couple like two rows.

Come in as much as you can.

Yeah. Yeah.

Go this way.

Yeah. Yeah. There you go.

There we go.

All right. There we go.

Got something new.

That's a flip. John.

Smile. I hope you're finally getting a good chance. Right. Well done.

Doesn't get any better than that. So, I'll end my report now.

Good. I love that. All right. Fantastic.

All right. Great news. We'll move on now to proclamation special presentation.

What's that?

Turns out to be gym class.

I know exactly what Mr. Clark was just going to report on two things.

Oh,

yes. Go for it. That's all of my item. But um just to announce to the public that uh we are going live with Just Foyer, which is our public record software that council graciously funded this past year uh or this current fiscal year, November 1st. So, we're super excited about that. If you are not currently subscribed to the council connector, certainly feel free to do that. There are some advertisements uh rolling through on the slideshow uh below. And then we've gotten a couple of requests about the council policies that were discussed earlier this year, and they will be coming back at the October work session. So, just wanted to put that on record.

Okay. All right.

Thank you.

Thank you so much. Sorry about that. I thought you just had the appointments tonight. So, all right. Cool.

All right. So, we're moving now to proclamation special presentations. We have two proclamations tonight. Emergency preparedness month, September 2026, and National Suicide Prevention Week 2026. So, y'all would join me up front for the first proclamation. And it is a pleasure to be able to kick off our proclamation for emergency preparedness month 2026. Whereas emergencies and disaster can occur without warning and may threaten the safety, security and well-being of our residents, businesses, visitors, community. hand. Whereas emergency preparedness month

provides an opportunity to encourage residents and businesses to prepare for emergencies by making a plan, building an emergency supply kit, staying informed, and knowing how to receive emergency alerts and information and Whereas preparedness is a shared responsibility requiring individuals, families, businesses, community organizations, and local government to understand hazards, make plans, stay informed, and take actions that reduce risk. hand.

Whereas effective preparation involves strengthening community resilience through comprehensive emergency management, coordinated planning, training, public education, and partnerships with local, county, and regional organizations. And

whereas the town of Apex is grateful to all of its staff involved in the preparation of emergency response to ensure our residents, employees, and facilities remain safe.

May therefore, I, Jacqu K. Gilbert, mayor of Apex, North Carolina, do hereby proclaim the month of September 2026 emergency preparedness month in the town of Apex and encourage residents to make or review emergency plans with their families and communities. And I would like to call up Taylor Sanchez, emergency management coordinator, to receive the proclamation, and any other public safety officials here. Thank you. Thank you.

Thank you so much.

Thank you.

Mile 321.

All right. Next proclamation is National Suicide Prevention Week and Council Member Moo will kick off this proclamation. Whereas suicide remains a public health crisis impacting people across every age, race, ethnicity, and socioeconomic status with approximately 1,600 individuals aged 10 and older dying annually by suicide in North Carolina. And Whereas nationally nearly 50,000 people die of suicide each year, making it the 10th leading cause of death. And

whereas suicide, suicide attempts, and suicidal behaviors create wide-ranging impacts beyond the individuals affected, including friends, family, co-workers, and caregivers who all bear a tremendous burden in these awful situations. And whereas it is critical to understand that it's okay to not be okay. And reaching out for help when you're feeling sadness, anger, frustration, or any other strong emotion is a sign of bravery and strength and not weakness. And whereas the town of Apex supports policies and initiatives that improve mental health and offer resources to those in need of support, such as the National Suicide and Crisis Lifeline, which can be reached at any time by

calling or texting 988. Now therefore, I, Jacqu K. Gilbert, mayor of Apex, North Carolina, do hereby proclaim the week of September 6 through 12th, 2026, National Suicide Prevention Week in the town of Apex and encourage all residents to talk to those close to them about their emotions and reach out to those who may need a little help. And I would like to call up Rebecca Johnson and Rita Larson with the American Foundation for Suicide Prevention to receive the proclamation. Thank you FOR I think we're getting Okay. Uh, Mayor Gilbert, Town Council, I'm grateful and honored to accept this proclamation recognizing National Suicide Prevention Week in the town of Apex, the town where we have raised our family. I do so as a suicide loss survivor and as an advocate with the American Foundation for Suicide Prevention. As the fall approaches, our family marks 15 years since the loss of my brother-in-law, Red Hawk. Standing

with me is my dear friend, Rita Larson, who lost her husband to suicide in 2016. We met while attending a grief support group for those that have lost loved ones to suicide. Our friendship deepened as we realized we were neighbors and decided to carpull to the beautiful sanctuary where this group has met weekly for over 30 years. One gift in such a group is the sharing not only of our grief but also of the precious memories of our loved ones so that we may remember them for more than the manner of their death. To honor Hawk, I became trained as a crisis counselor on our local hotline and later the 988 Lifeline. Through that experience and the tender and brave sharing of callers, I learned something I will always remember. That many among those callers knew that they were loved, but they did not wish to be a burden. I've carried that knowledge with me as my personal call to action, one that I believe we may embrace as a town. It coincides with the theme for this year's World Suicide Prevention Day, changing the narrative on suicide. Changing the narrative begins with recognition such as this one, but mostly in the small ways we can all embrace in our families, our neighborhoods, and our community. We can each look for what is really behind someone's smile and have the courage to talk about it. Thank you again, Mayor Gilbert and town council. I received this proclamation as an advocate, as a lost survivor, representing the families of more than 1600 of our own in this state that are lost to suicide each year. And to honor my mentor and friend, Dennis Tacket, he taught me that gentle conversation is the way we connect with each other. May this be just one step forward in bringing the mental well-being of our town out of the darkness and into the light. Thank you. HERE

you go. All right. Thank you colleagues for joining in on the proclamation reading. We'll move now into public forum. I will have um Mr. Clerk, can you read the process again?

Okay.

Yes, sir.

Yes. So the current public participation policy states individual comments are limited to three minutes. The public forum public comment period shall not exceed 36 minutes or 12 individual speakers, whichever comes first. If the signup list exceeds 12 individual speakers or 36 minutes per the adopted policy, the town clerk will prioritize the list of speakers by those who have not spoken in the last 30 days. After those individuals have spoken, the list will continue in the order an individual signed up until the 12th individual speakers or 36 minutes is reached. Individuals who wish to speak will still be given an opportunity to do so at the conclusion of the business portion of the media meeting immediately before close session. Speakers will see a series of light and the timer in front of them. At the 45se secondond mark, the light will change colors to yellow. When your time is up, you will hear a buzzer and see the red light flash. This evening, we have 10 speakers.

Miss Cody, thank you so much for that. 10 speakers. We'll go ahead and get it started. First speaker tonight, please come up. Andrew Gluck.

Hi, thank you. First, I'd like to say my grandson is a soccer team member at Friendship High School. He's been on there for three years.

Awesome.

And uh senior there now. Uh couple things. One, flock cameras. Like to address like Raleigh PD recently made an arrest with the help of the flock cameras of a murder that just happened. Over the last over a six-month period, they've made 49 arrests including stolen vehicles, uh murder, other serious felony crimes around the country. Approximately 10,000 missing people have been discovered using the flock cameras. People want to say invasion of privacy. Flock cameras are in the public domain. They're out in the public. Supreme Court has already ruled no expectation of privacy when you're out in the public and anybody could take your picture. Anybody could take a picture of a license plate or anything like that. and they've been a very useful tool by uh police and all and everybody and any by law enforcement. There has been some misuse and that has been directed. Everybody who's misused it has lost their jobs. Not here. It hasn't been misused here but uh other places around the country out of like 850,000 police officers I think there's 40 cases which is like 0.002%. And that's about it. and everybody knows and the new updated things have been addressed and I'm 100% for them. And some things that I heard last time were a lot of misrepresentation of the flock cameras and our privacy and everything else. The other thing I'd like to address is uh last the tax increase that was done. We had a a proposal offered by our mayor which actually gave us more police officers and a zero tax increase. But meanwhile, the council ignored that and went ahead with a town tax increase with less police officers being uh put on the force. To me, that's a travesty. It's just shows somebody wanted a some

special agenda done or something like that. And I think this council really needs to look at their spending and everything else that we're having so many people coming in here, not the infrastructure is not handling it. Everything is. Meanwhile, we have a tax increase and we're having less services being offered to us now. More money, less services. That does not make sense. We had a proposal that was a good proposal and totally ignored by the council. I think you all need to look at yourselves and see why that was rejected and why the extra police officers were not offered to the residents of this town without a tax increase. Thank you.

Thank you for speaking. Next, Lorraine Mi. Mayor and council, I want to thank you for our town's observation of Patriot Day next month when we gather as a community to honor those who died on 911 and remember the sacrifice made by first responders and private citizens that day who ran into buildings that were burning while others were running out. Each year I speak to you about 911. You remember I survived the World Trade Center attack. I witnessed those first responders rush inside that first tower, never hesitating. I witnessed the wounded covered in blood and burned by jet fuel. And I witnessed people jumping out of windows. People who would rather jump to their certain death than be burned alive. 17 days from today, we will observe the 25th anniversary of this attack when terrorists who hate our values and freedoms decided we did not have a right to live. It's also the 250th anniversary of our nation when we decided those values would guide us. Yet, the tragedy of 911, 25 years later, continues. Over

7,000 people have died from 911 related illnesses, far outnumbering the people killed that day. I know my husband was one of them. He was a federal law enforcement officer and worked the recovery effort at ground zero. He later developed six respiratory diseases caused by exposure to the toxins at the site. Those illnesses and over 69 cancers are A result of those fires burning burning steadily for 93 days, spewing out deadly poisons which settled on the skin, settled in the hair, settled in the mouth, and were breathed in by those heroes who were determined to recover our dead. 25 years later, the flurry of news stories have stopped, as have social media postings, promising thoughts and prayers. Survivors and family are left to live with their memories and their grief, still alive in a world that has largely moved on. So, I want to thank you all this evening for your observance and your respect and for reminding us here in a Apex that the events of that day still do matter. Thank you.

Thank you. And our love and support to you always. Thank you. Nick Bick B.

Hi. Uh, thank you, mayor. Um, thank you, town council. I'm going to speak on my husband's behalf as he's a little nervous. Um, thank you to everyone who's here showing up and speaking out. Keep it up. We've lived in Bellacasa since 2017. My husband is a principal cyber security engineer in US defense and aerospace, securing classified and

unclassified systems. Before that, he swore an oath as an active duty infantry marine. You swore one oath to this community, but you fail yours every day that warrantless flock surveillance cameras run. These are some of the least secure devices my husband has ever seen deployed, never at this scale, and handed to people unproven proven unqualified to protect the data. over 50 documented security flaws, 22 severe enough to be flagged by the federal government. They run unpatched, end of life software, and store images unencrypted. Over 60 were found streaming live to the open internet with no password. 30 days of footage anyone could watch or delete. One researcher has called it Netflix for stalkers. Flock doesn't require multiffactor authentication and stolen login for sale are for sale on Russian cyber crime forums and the dark web. None of that is in Apex PD's presentation though. 33 slides, not one on security. Town records show 60,000 plate reads every day, over two million searches in 10 weeks, and the data is shared with over a thousand other agencies, most out of state. They also share with private companies, including Lowe's Home Improvement and a country club. Apex PD will point to its audits, but audits mean nothing if the data isn't secure and a thousand a outside agencies have access. agencies you can't audit. Nothing about this is secure. Each of these is an attack surface. You approved them without discussion on the no debate list before any policy was written, then wired them to a database where town records show 57% of searches have no

case number. This is how negligence becomes abuse. The contract you sign shows flocked isn't liable for corrupt data, data loss, or acts of hackers. So when someone is misidentified, stalked, hurt or worse, and the lawsuits follow, Apex will pay the bill. Some current lawsuits are over a million dollars. My husband's professional assessment is these systems aren't worth what we lose. And what we lose is our constitutional right to privacy. We're not targets or suspects. We're the people you answer to. To earn back our trust, kill this contact contract. Remove cameras. Cut off the data sharing with all agencies and don't just flop swap flock for Axon.

Thanks for speaking tonight. Thank you.

Osman.

Good evening, Mr. Mayor. Good evening, council members. Uh, town manager Vossberg. Um, I'm here today to talk about pecards. And so I'm very pleased that you mentioned that starting this fall you'll be publishing uh the PECARD statements for the town. Um and and one thing that I did want to talk about um you know it's not the PECARD use itself that's concerning to me. It's the use in addition to not following the town's own policies and procedures. The town has a very published clear policy. the town of Apex purchasing policy and procurement and vendor card policy dictates how those PE cards are supposed to be used and and unfortunately for the last couple of years that policy has not been followed diligently enough. I know in my work in corporate America as I if I get a corporate card there's a policy I need to follow. I know other members here on the council know that very well. Internal controls are are required to ensure that bad things don't happen. That's not saying bad things happen. I'm not questioning any of the transactions. I'm sure staff and everybody did a great job and it's all it's all above board.

But the reasons that you have policies and procedures is to ensure compliance controls and oversight. And this council, this leadership has failed that oversight and count and and and and um and review through the through 2025, the last year of full data. Onethird of all transactions were not approved per the policy by a manager or the department head. Over $1.8 million were auto approved. So the card was used and nobody ever not a second person looked at it. That is a failure of governance. Secondly, the town's own policy says any purchase over $2,500 needs a purchase order. That policy is also not being followed. That's a problem. So, there's a couple transactions. They're probably totally fine. I just picked them out of the data. We had um last year we paid to LMV Pavement Marketing over $100,000 on the PECARD. Two transactions above $50,000 each per policy that wasn't reviewed, so was paid on the PECard. No other review. And second policy that was violated, the town's own policy says any purchase over $2,500 needs a purchase order. So I don't I'm assuming those those those transactions are fine, but why have policies and procedures if we're not going to follow them? Second, there are multiple PECARD purchases are being split. So same vendor, multiple amounts on the same day. Again, not saying those are in inappropriate purchases, but there's a very clear policy that says you are not to do that, that you need a purchase order. So, I urge this council to look at the policy. If the policy needs to be changed, change it. If the rebate is that important to the town, fantastic. Get the rebate, but change the policy. Thank you very much.

Thanks for speaking, Reverend Dr. Latana Agore.

Good evening. Uh, I'm here tonight to talk a little bit about um, community response to our housing crisis here in North Carolina and particularly here in Wake County. Uh, I serve as the pastor of Transformation Fellowship Christian Church. Uh, we are located here in Apex, but I also serve as the executive director of the North Carolina Coalition to End Homelessness. I want to begin by asking a simple question. It's not just to the council but to everybody here. Uh how many of you uh have either experienced housing instability, know someone who has experienced housing instability or someone who is currently or has experienced homelessness? I'm going to raise my hand. I asked that question because I want to show that this affects all of us. The ripple effect of housing instability and homelessness costs our communities. It doesn't just cost us in dollars and cents. It costs us in a sense of connectedness. It cost us in the sense of our moral and integrity. uh our me our feelings of ethics related to who is important, who is not, who receives their basic human needs, and who we deem to be unworthy of receiving those services. I have here um if the town clerk would like, I have uh copies of this for the council. So my presentation tonight is going to take a few phases. The first phase I want to talk about are the drivers of housing instability. Like what's what's causing this? And this is at a very high level. And I recognize that. But one of those drivers is simply the rising cost of living. Uh that shouldn't surprise any of us. Um, I was shocked and

appalled the first time I filled up my vehicle and the pump didn't stop until it topped $70. I had told myself at 50 bucks I'm going to stop. But that would not have been enough gas to get me to my location. So, I had to keep going. Here in North Carolina, we are all experiencing the same pressures. The rising cost of living is something that affects all of us. And the chart you see on the first graphic I've provided for you is a chart prepared by Gabriel Cortez from CNBC. The source of this information is from the US Bureau of Labor Statistics. It's based on the Consumer Price Index. Since 2020, our cost of living in the US has gone up 23.9%. I would I would venture to say most of us have not experienced the same increase in our salaries and wages. This means that the money we receive for the hard work we're doing as a community just isn't enough to keep up with the cost of living. The Wake Housing data report shows us that this matters because when housing costs outpace wages, families are forced to make tradeoffs. They either forego savings, medical care, stable child care, or they're at greater risk of eviction, or displacement. This means they'll end up living in substandard conditions and homelessness. These different pressures impact renters and homeowners. And the targeted strategies that we need to find together are why I'm here tonight. I don't know about you, but I I live in a place that I'm I'm very proud of. I I love my home. But if I were to lose my job, and if something were to happen to

my husband, in a few months, we would be in this same space. We would be wondering what's going to happen to us. Housing instability can happen to anyone. It's not necessarily because someone is lazy or they don't want to work or they don't have the right skills. One tragedy, one sickness, one illness, the loss of one job, someone's car breaking down because their wages are not enough could put them into a place where they're not sure if they will be able to maintain their housing. What's another driver? The other driver is simply the lack of affordable housing. The median rent in Wake County has increased 34% since 2018. That's a lot. While renter income has not matched that pace and it stands at just 61,600 or $376. But a household must earn more than $69,000 to afford the median rent without becoming what is called costbururdened. Cost burdened means that you struggle to make your rent or your mortgage payment each month. You you maybe you can do it, but it's a burden. You're paying over 30% of your wages in housing. here on the on the on the form you have, you'll see that Apex is sort of right in the middle of those renter households. And what I want you to see is if you look at those bands, the orange band uh for Apex indicates that um almost 50%, it's actually 46% and this is in 2023, 46% of renters in Apex right here are costburdened. There's another 17% that are severely costburdened. This means they're paying much more than that 30%, probably

somewhere near 45 or 50%. That's half of your pay or more going simply to your rent. That does not include other things that you need in order to survive. The North Carolina Chamber of Commerce through the Chamber of Commerce Foundation found that Wake County will have a projected shortfall of approximately 110,000 homes between 2024 and 2029. So this is something that again will affect all of us. Not only do we need to consider, you know, what is the community response to this, but I want us to think about this in terms of what it really is, and that's a humanitarian crisis here in our midst. We normally hear that term when we're thinking about other countries, a humanitarian crisis of of famine or of hunger in other places. But right here at home, we are experiencing a humanitarian crisis because housing is a basic need. It's something we all need. We We need it. We need it to feel safe. We need it to develop in a way that is secure. We need it in order to establish a place where we can launch and take care of ourselves and our families. It's a basic need. And I don't know anyone who wakes up one morning and says, "You know what I think I want to do for the rest of my life? I want to live under an overpass. I I've not met one person who's ever said that when I grow up, what I want to be is unhoused. So, we're at a crisis level. I provided for you some information from a report called the annual homelessness report to Congress. The source of this is 2024 because Congress has not um published the numbers for 2025.

So we have the numbers from 2024. This is on the back of that first page. And these numbers are taken from something called the pit count. I don't know if any of you have heard of the pit count. Any of you heard of the pit count, the point in time count? I see a few few heads nodding. Every year, HUD requires that communities do something called perform a PIT, PIT, point in time count. This happens in January. Every January, volunteers and folks who work in nonprofits, people who are running various housing uh communities, they go out and try to count the number of people who are living unhoused in our community. This happens all over the United States and it happens on one night every year. Every community chooses its own night and Wake County last year chose I think it was let's see it was uh I think January 22nd. That's my first three minutes. Or is that nine?

That was nine.

Nine minutes. You have the report. Please do read it and I'm willing to follow up in any way. um to share more information with you. Okay.

Thank you for speaking tonight. That's what we do.

Sarah Gray.

Hello. Good evening and thanks for the opportunity to speak with you all. Um I'm here tonight because I have been increasingly disturbed by the use of block cameras in the town of Apex. I think my neighbor described all of the concerns really well and I share all of those. I've been really alarmed by the increasing use of automatic license plate readers in Apex and throughout the country and I would like to ask um that Apex end the contract with flocks. I would like these cameras removed and I think that there should be a full ban on

ALPR going forward and that there should not be other um companies or corporations that can use similar technology to be employed in the town of Apex. I also think that the current surveillance data that is on hand should be fully destroyed and for this destruction to be irreversible so that those records are are gone. And I think um I probably don't need the full three minutes here because I think my neighbor did go into um great detail on all of the risks and concerns with flock cameras, but I'll add from a personal level that I just think it's really creepy. And I think that um to be honest, it makes me less likely and less interested in in driving my car downtown. And it makes me think a lot about the state of the world, the surveillance that we're under, and also I think I guess living in a small town and I didn't like appreciate that this sort of surveillance would take place um and that it would be pushed through um by the town council in a way that seemed kind of shady and underhanded to be honest. And as I've looked at the um communication by the town about flock record flock cameras and the employment of them, I've just been really disappointed in kind of the lack of clarity and the lack of communication on that and what I feel is skirting around those issues to just continue to have these cameras in place. So that is a little more um touchyfey and emotional than I intended to be when I came up here. But thanks so much for your attention and I appreciate your time.

THANK YOU. THOMAS SCOTT. Thomas Scott, mayor, city council. I think I've been here before. I think you've been here before. um in regards to friendship and the uh

parking issue which the town has sued Mrs. Scott uh under article 11. I've also brought to the city council's attention before under article 11 in regards to fines which of course the town is finding her and also seeking a permanent injunction. Uh well, I had problems with my house on a remodel and the town has full authority to fine and sue in court and they have refused. So, you either follow what you have in the UDO uniformally or you don't. It's one way or the other. I would like to u notify you of uh North Carolina North Carolina state statutes willfully failing to discharge duties. If any clerk of any court of record, sheriff, magistrate, school board member, county commissioner, county surveyor, coroner, treasurer, or official of any state institution, or of any county, city, or town shall willfully admit, neglect, or refuse to discharge any of the duties of his office for default whereof it is elsewhere provided that he shall be indicted, he shall be guilty of a class one misdemeanor. If it shall be proved that such officer after his uh qualification willfully and corruptly admitted, neglected or refused to discharge any of his duties of his office, or willfully and corruptly violated his oath of office according to the true intent and meaning thereof. Such officer shall be guilty of misdemeanor in office and shall be punished by removal thereof under the sentence of the court as a part of the punishment of the offense.

I have sent this to you and of course you know I mean I've had quite a lot of email correspondence with the uh city council mayor uh Sandy Burke uh city manager Vosberg and it's like I'm talking around mount Rushmore I'm getting no response absolutely no response So, it's very disconcerting what's what's transpired here. And the only time that the town will step up is when uh legal actions are taken. That's about all I have to say. Thank you.

Thanks for speaking. Vivic Math Vivic Math. I'm sorry if I'm pronouncing this. Uh good evening everyone. Uh my name is Vivic and this is

um we're residents of Kerry but we frequently travel to Apex and um feel very passionate about Apex again because of its proximity to our homes. Um, we've been working on a project regarding smart growth for a couple of months and we wanted to talk about some specifics about it today. So, Apex has been rapidly growing from around 55,000 people to nearly 80,000 residents since the policy of advanced Apex was adopted. Um, but we want to we believe in managing that growth appropriately. So, we want to talk about using the NC55 corridor to advance development in other areas of Apex. Um, we want to talk about using the South Salem concept. So, increasing residential density, taking an average of around 11 dwelling units per acre across the district. Um, uh,

using pulling up buildings closer to the sidewalk. Uh, adding in, you know, more parking, adding in, excuse me, fewer parking spaces. um lowering the parking minimums in many buildings and lots and also adding in opportunities for transits um such as bus plans and expand those across the city. Um an overlaying zoning district for transit oriented centers is already being planned again for the NC55 corridor, but um they're not specific to one area. So we hope to extend that to NC the NC55 area by applying that mixed use overlay district. And from our understanding, uh, part of the NC55 widening project seemed to be only partially completed. And given that the design is still in a relatively early phase, we ask that the town formally request bus or HOV accommodations as well as similar main street crosssections that are already in the small area plan. But we also want you guys to consider uh these kinds of transit oriented uh infrastructure for not just the NC55 area but for the wider apex um town so we can have more transportation uh like options for the city residents. Um we're glad to follow up in writing on any of this if that's more useful than covering it all tonight. Uh thank you for your time and for listening to our concerns.

Thanks guys. Appreciate you. Appreciate you speaking. Daro.

Okay. My name is Vincent De Carroll. I'm a 32y year in December resident of Apex. I live in Old Buckingham and I'm here to address a couple of things. First of all, I'm happy to have been able to speak with Randy over the weekend to find out the Apex Answers is coming to light because I'd like to see a publication from the town that represents what the town council does. I

recently subscribed to various avenues of communication and I was recently unhappy to read the way what happened in the town council was portrayed. I got it. You're all politicians. I understand all that. But I love living in Apex. I don't just like living here. I've had many interactions with the town over the course of years. And I would like to see the rest of the population of Apex move from liking living here to loving living here. And that starts with you. The public has to see you out and about. The public has to see you cooperating with each other. They have to read in your minutes that you're cooperating with other others and trying to find solutions that is for the whole town. I suggest you have a kumbaya somewhere. Get together just all of you and try to get to the root of why you why you disagree and how you can root things out. I also suggest that you gather the religious institutions inside the town of Apex and understand what those pe who those people are and what their needs are. This demographic of this town has changed a lot in 32 years. And you only have to walk around to to see the difference. And that's where that sense of community begins. Another subject. If you can't grind to a halt the issue of grass clippings, you can't run a lowcost housing institution. I suggest you look for the best solution possible for that piece of property and find the right institution that's not the town to do that. I would like to echo the with respects to audits and I'm sure the town is stepping up after the state auditor found out about the Ray-B band situation. Just quickly on the town on

the town's firehouse downtown. My son was born in an ambulance in my driveway right over in Brookfield. I've had emergency personnel show up to my house for various things. If you have never experienced a town of Apex emergency personnel helping you, then you you should ask someone who has. The value of that open door downtown and a and a soldier of our emergency services sitting there just talking to people has enormous value. If you can't figure out how to how to design that building, I'll help you. Thank you very much.

Thanks for speaking. Derek O'Neal, you have four people here with you.

No.

No. Okay. See, nine minutes, so it's three.

No, no, it should only be three.

Okay.

Just an individual.

Okay, go for it.

Thank you. Uh, so my name is Derek O'Neal. We've spoken before about the data center and the flock. Um, earlier this week, uh, DFlock Apex was given access to APD's flock audit. And I'm sad to say that things were worse than I expected. Um, some of these things I can come up with reasonable explanations for, some of them I can't. So, we'll start with the obvious one. Uh, we were told that we would not share data with any federal agencies. We knew that there was a SNAFU and two of them were able to gain access to it. that resulted in, according to the the data we have, 9,683 searches against Apex cameras from federal institutions. 9,683. It's a huge number. To be fair, they add up very quick. Uh when Chief was talking to you all and saying that we didn't share on June 9th with any federal agencies, there were 166 federal queries

run against our system that day. So, they add up quick. And in fact, in the 29 days leading up to that meeting, there were, let me check here, 2,604 before he told you there were none. the transparency portal that he pointed you to to be able to track and see what our sharing organization sort of network was with other institutions. Uh he said there were about a thousand every single month during the period we have data to there was a minimum of 3,000 institutions with access to our data. Um, and another issue with the transparency portal, uh, in the 30 days leading up to April 17th, the transparency portal showed a total of 144 queries. The audit shows 868. So, there are discrepancies there that we have to account for. um 3,300 requests that were run against our system by federal agencies were on the subject of immigration, which is a hot point for the people of this community. And it's one of the main reasons that we had such a vocal outcry against federal agencies getting access to our data. Um, and last time I was up here, I warned you that it's not just enough to stop federal agencies from having direct access to our flock systems when state agencies and police departments can just launder requests for federal agencies. So, it'll look like it's coming from them, but it's actually at the behest of the federal government. Well, it turns out we did that, too. There are at least four queries in the Apex Police Department's audit logs that are given either federal agencies as where the data what the data is for or they mention uh federal warrants. So there are some instances where it looks like Apex itself is issuing queries for federal purposes. So we need to look into those. Not once did I say flock.

This is a data collection problem. Has nothing to do with flock.

Thanks for speaking, Mr. Neil.

Thank you.

All right. The last speaker. Thank you to everyone who came out to speak tonight. We'll move now to public hearing. Start with public hearing one. Annexation number 821, Ashurn Development. Mount Zion Church Road. Yeah, go for it. Yeah. Okay. Good evening. So, our first annexation is number 821. This is for the Ashurn development on Mount Zion Church Road. Uh it is located in kind of the Midwestern area of our jurisdiction. Um, this is a previously approved subdivision and so they are needing annexation in order to get their construction plans approved to get town uh services. Staff recommends approval.

All right, questions. Miss Ken hearing none. I'll go ahead and open up public hearing for comment. No one signed to speak. It's back to council for a motion. Mr.

Cru second discussion. All in favor say I.

Oppos. Motion carries.

Two. Our next annexation is uh 832 Town of Apex on Perry Road and Hughes Street. Uh this is 7.995 acres. You see the location here on the map. Um this property is uh the one that we will be looking at for affordable housing um potentially mixed use and so uh does need to be annexed in order to get um town services, water and sewer. Staff recommends approval.

All right. Thank you. Questions? Hearing? None. Open up the public hearing for comment. No one signed up to speak. Public hearing is closed.

Move.

Motion. Mathy.

Second.

Second. Ziggman.

All in favor say I.

I.

Opposed. Motion carries. Next. Public hand.

Yeah. Our next annexation is 834. It's at 2809 Evans Road. It's out in the kind of the Midwestern area. Again, uh this is a property um uh that's known as the Morrison property. There was a sewer line that uh they granted an easement. So now they have access uh to town sewer if they annex. So uh they are requesting that we are recommending approval.

Right. Questions hearing? None. Open up public hearing for comment. No one signed up to speak. The public hearing is closed. Anybody else want to get on action? Yep.

Council member move.

All right.

Motion to approve.

Motion. Council member move.

Second.

Finish.

Reese.

I do want to make one comment before we move forward. Just that these last three annexations are I like to find I like to say are textbook donut holes.

We have these little exclaves all around town. And the funniest thing is many people are like why are we annexing something that's already within the town? It's like well it may not really be in the town. So a lot of these things where we're that seem relatively routine for water and sewer it's a requirement at least legally that those things those sort of actions take place here. It gives us the opportunity to do things for the town. So um just wanted to point that out because somebody asked that question last time like why do you do these? They're already in the town. I'm like nah they're not.

But we're happy to have them now. All right. Thank you, Council Member Gray. Any other discussion? All in favor say I.

Oppos? Motion carries.

Hearing four.

Our next annexation is on Pine Plaza Drive. It is uh a project that's known as Glenn Square. It's where the Indifresh supermarket is proposed. Um and they do have um need annexation in

order to get construction plan approval uh to get town services. And staff does recommend approval. Oh, we'll show you. There's a Donnut hole right there for you.

All right, questions hearing none. Public hearing is open for comment.

Public hearing is closed. Is there a motion?

Motion to approve.

Motion second. Council

Look at that on the phone.

No discussion.

All in favor say I.

I. Opposed. Motion carries.

All right. Next one.

All right. Well, this one we're going to have Mara Smith present u because it's actually associated with resoning case. Thank you.

All right. Good evening, mayor and council members. Uh this is annexation number 830 associated with the reszone case 26 CZ05. Uh the project site is located in the western area of the town south of US 64 and about a half mile from the border of Chattam County. The address of the annexation is 3305 Olive Chapel Road and it is a 3.62 acre property. The existing zoning district is Wake County residential 88W and it is outside the corporate limits and the applicant is requesting town services. Now moving on to the reszone. Uh the property is located along the south side of Olive Chapel Road and the 3.62 62 acre site includes an existing single family house and driveway uh shown here off of Olive Chapel and both the house and the uh access will be retained. As previously mentioned, the current zoning is Wake County residential ADW and the uses surrounding the property include the Willow Hills Pud to the west. uh the recently approved uh Lawrence uh propud to the east and or excuse me, yeah, to the east and then to the south is Army Corps uh open space. The proposed zoning district

is rural residential conditional zoning and the 2045 land use classification is rural density residential and if reszoned as proposed it would change to rural transition residential. Neighborhood meetings were held on April 29th and July 15th of this year and due to the relatively small area the project is exempt or was exempt from meeting with the environmental advisory board. During the process, the applicant agreed to additional conditions and these conditions include adding a 70 foot wide minimum undisturbed buffer along the US Army Corps Engineer property to the southeast, completing a sidewalk gap between the two abuing developments along Olive Chapel Road with a 5- foot wide sidewalk and record a 30- foot wide town of Apex public sewer easement along the southern boundary line uh in order to provide future public sewer connection with the undeveloped parcels. east of Lawrence Propud. The proposed reszoning is reasonable and in the public interest in that the reszone will allow for an existing single family home to remain. It will create a maximum of three lots which are generally consistent with the parcels to the west. The proposed reszoning will provide roadway frontage widening with a sidewalk along all of Chapel Road. And furthermore, the proposed resoning includes stricter architectural conditions than what the UDO currently requires. The planning board held a public hearing on August 11th and voted unanimously to approve the reszone and planning staff recommends approval of 26 CZ05 as proposed by the applicant. And this concludes staff's presentation.

All right. Thank you so much. Any questions?

I do have a question. Um, can you quickly go over the differences in the zoning for the 2045 land use map and the proposed zoning especially when it comes to the housing density allowed uh given the zoning?

May I defer?

Yeah, I'll assist with that. So, the current 2045 lane use map designation is rural density residential which supports a density of one unit per five acres. Um if the resoning is um approved as proposed, the lane use map designation would change to rural transition residential, which is one unit per one acre. This density is consistent with um that of the Willow Hills subdivision immediately to the the west.

And so the property to the east is still meant to be the rural residential one unit per five acre.

If you can if we'll show that map again. um as part of the Lawrence PUD resoning, that southern parcel was also changed to rural transition residential. Um and so while the Willow Hill subdivision shows as the rural density land use classification, that um subdivision was approved about the same time as APE advanced apex was adopted and before we added the rural transition land use classification. So staff could initiate a map that says it needs to be rural transition to match the development pattern as it was built. Um, so the proposed zoning density is consistent with that to the east and the west.

Thank you.

All right, any other questions?

What's going to happen with the substrate?

Uh, yes, that will continue um well, it will end in the subdivision um approximately right here and it will connect the lot which is proposed to the south and then one here. Uh lot one will will continue to take access off of olive chapel.

Yeah,

there is a um there is a barrier right here. There's a stream

that would prevent them from going any further into that.

Gotcha.

Yeah. And they uh will provide sidewalk.

That is correct. That's correct. They're going to connect it to um to close the gap between the sidewalk and the one that is uh proposed over here.

Yeah, that's correct.

To me,

I mean, you can't be thrilled about the access. I mean, it's existing access, right? We can't have them remove it, but you can't be thrilled about it being so close to the neighborhood access, right? Right.

That's correct. It was discussed. Um, but if the applicant were, you're talking about taking the stub street to go to all three lots as opposed

to to remove the access on all chapel. So, the two aren't so close to each other.

That's correct. It was discussed um due to the large constraints along the um within the lot, the applicant would not be able to achieve three lots if they were to do that. It would it would narrow it down to two, which then would not be co it would be cost prohibitive to do all the um the improvements as proposed.

What is that access road that seems to be running right alongside of the western boundary?

This it goes to a punt station down here.

So that's ours.

That's correct.

Could we at least was it discussed at least moving the driveway more to the east so it's farther away from the um the neighborhood access there? you know, I I don't know if that moving it was discussed and unfortunately uh our transportation um expert is not here available, but uh he did sign off on that.

I think has a comment on that. Yeah.

Oh, thank you.

Um you know, sorry.

I can go ahead.

Sure.

I'll start a little more formally there. Make it smaller. Zoom out a little bit here.

All right. Good evening everyone. My name is Patrick Kieran. Jones and Kelson Engineering 221 North Salem Street. Um, thank you Marica for your presentation. Um, I put this exhibit together just as sort of a colored, you know, presentation to show really how

restricted the site is once you factor in all the perimeter buffers, um, perennial perennial stream buffer to our east, uh, rightway dedications, treecape buffer, etc. Um, to dive right into your question, we talked about whether or not to abandon the driveway altogether since it already exists. Um, my client's preference was certainly to keep it. You can kind of see we get pinched right here because so there's actually a 20 foot private access easement along our western uh border as well um that we are going to have to put our perimeter landscape buffer on the outside of. So with all that said, it just it just gets really tight. So squeezing another driveway in beside that was just getting awkward and the garage is in the front. Um, so it kind of became just a functional issue. To move it, I could certainly see being the case. I mean, I I don't have any issue moving it. It was not discussed. So, I don't have necessarily a zoning condition to

offer. I'm not I'm not asking for it. I'm just

Yeah. No,

brainstorming here because I mean, you you see

it is close

the the access point.

Yeah. Traffic guy, you know how it is, right?

Right. Yeah. And I don't think NCD would have any qualms with moving it. You're not doing anything but improving sight distance and that sort of thing. So, I think that's that's a reasonable thing to um offer. Um not that it will be a condition, I guess, of record, but we can we can certainly talk about it once we get into

master. Just consider it just to give your your client and the the neighborhood.

Yeah.

Little more distance between them if someone's leaving the neighborhood while

Sure. Have we uh have we considered or have you spoken to the town about potentially using that access easement uh as a another out to connect to the road there

for these new lots being able to come basically use that

specifically for for the no normost lot

it's it's not a bad idea it's a it's a private access easement I know we looked into the wording and it was in perpetuity

uh the beneficiary was the federal gameland to the south. Um

I see that more as a legal just kind of difficulty. Um

I thought it was our east, not not federal.

Yeah, y'all y'all's drive is just kind of parallel to that just to the west um the west of our property line. It's within the Willow Hills HOA. It's about as infill as it gets here. All right. Any other questions for applicant? Thank you. Thank you all. Right.

All right. We'll go ahead and open up public hearing for comment. No one is signed up to speak. Public hearing for

annexation and reszone are both. So it's closed. Back to council for discussion. Possible motion. Yeah, I'll just say I mean uh concerned about the access. Um but you know I'm satisfied that there's really no good options here that they ask the applicant to do. The site is half of it is a buffer you know so in practice what we have is a guy has a house and he's building two houses in his backyard. Um which is uh you know something that that they can do. Um, and yeah, like I see the point that even if we could try to to get connected to that stub road, like the house would be backwards, right? So, you'd have to go around. It'd be kind of weird. Pretty big burden on the on the homeowner. So, um, yeah, I'm uh suppose I'm in favor of the resing it.

Actually, I do have another question for the applicant. Is the intent to keep the existing structure or will that be rebuilt?

Yeah, his intent is to keep keep that asset on the property.

Thank you.

Sure. All right. Still in discussion. Any more comments?

Yeah. I mean, you could imagine a condition, not asking for one, but like

if the structure were ever demolished, then you could produce a shared driveway with the house oriented properly and in 30 years might do it, but I don't want to polish it too much.

Just one clarification. I think we did have a condition sort of to that effect. doesn't address that whatsoever. But we I think there was a condition about if it is um reconstructed that it would basically be grandfathered in because right now it would not even be in compliance with where the um current stream buffer is. Right now there's no building setback issue because it's just one big 3.6 acre lot. But we're defining a smaller lot. So the house is actually not going to be compliant with that building setback based on the current buffer rules. So we would ask that if you know demolition were ever done that it could be grandfathered into the same. So I won't say that it could never be torn down or rebuilt but that's not his intent right now.

All right.

Thank you.

Is there a motion? Motion approved. Motion mappy

second.

Second. Gray

approving the

annexation and the resoning.

Yeah.

Seconding the annexation and the res.

All right. We got a motion to second. Annexation and reszone. All in favor say I.

I. Motion carries.

All right. Moving to public hearing seven. That's being rescheduled. No action required.

That's correct.

Okay. All right. Public hearing eight. UDO amendments. Mr. Bruce. Good to see you, sir.

Good to see you, Mr. V. Just a couple quick UDO amendments to bring to your attention today. Okay. So the first one is to uh is the sections 2x4 to address the uh accessory apartment dwellings. Essentially what we're doing is we're changing the terminology from accessory apartment in the UDO to be consistent with new state law that was just passed that refers to all of them as accessory dwelling units. There'll be future amendments regarding standards for accessory dwelling units coming before you in the next couple months, but today we're just going

forward and making sure that we're amending this specific item um to make sure the terminology is correct. But we'll have more UD amendments to bring for you in the future. So these are just real quick. You can see that anywhere where accessory apartment was used, it is now accessory dwelling unit. It has been removed from the use table and redirected towards the uh the accessory use section specifically. So it's no longer here in the use table, but is still allowed and still permitted in all the zoning districts that it's was permitted before. And then in since it's no longer in the use table, it has been removed out of the use classifications and put back into the accessory use section as well. You'll see this change here to make this consistent with what was in the original principal U section as well. So now that section is in 4.5.6 again just changing the terminology from accessory apartment to accessory dwelling and E sections. Same here. And then lastly um this table here speaks. So there were no conditions here for accessory apartments but since it's being handled elsewhere now as well this section has just been removed from this table in 5.2. 2 point 2. B4 and here as well just the terminology has been changed from accessory department to accessory dwelling units. Same as here. That's the first amendment before you. Again, we're just changing the terminology. Any questions on that?

So, is it fair to characterize that as as simply changing the terminology but not having a significant impact on the uh right to build or not build?

Correct. Yes, sir. There will be future amendments to to kind of speak to what the state has decided are going to be the limits on size and location and things like that, but we'll be addressing that in the future with you.

Thank you. Yes, sir.

Um so this one is just to to address the uh distance of a sandwich boards are can be away from um unrestricted pedestrian movement. Um the original standards were 3 feet. Um there's a request to change that to four feet now to be in alignment with the public right ofway accessibility guidelines or PROWAG which you may be familiar with. So, this is just a quick amendment that changes the

sign section to to add that extra foot of sidewalk width for unrestricted movement. And that's real straightforward amendment there. Any any questions on that one?

Just going to just wanted to say for the record that I'm just hoping that we'll be informally enforcing that downtown sometime in January or February.

January, February.

And not until then.

All right. And so the third the third amendment um is for the review of procedures application submission determination of compliance. So this one um is a little interesting. So this just speaks to how how soon you have to be able to submit or resubmit an application and how long that's good for. Um the practice has been that you have within one year to resubmit or submit your submit your application once it's been submitted. The language in here read a little different and was provided some confusion. So, originally it said that the resubmission would have to occur no less than one year. Um, which is obviously not what we want for productive development in our town. So, we've rewarded it to make sure that it's clear that it's aligned with what our practice has been since you guys have been serving as council members and that they have within one year to resubmit their application before it is removed from the process. So, that's the last amendment before you. Again, told you it was just a couple. Um, we'll have some more fun ones coming before you in the months ahead, but for right now, that's it.

All right. Thank you. Any questions? All right, we'll open up public hearing for comment. No one signed to speak. Public hearing is closed.

Motion to approve.

Motion defer.

All right. Council member move, you have a motion.

Yeah. To approve.

Okay. Motion to approve.

Second.

All right. Second. Ziggerman. Discussion. All right. All in favor say I.

I.

Opposed? Motion carries unanimously.

And appears to be that was the last item. All right. So, thank you all. We'll move into Is there a motion to go

into close session for the three close session items?

So, move it. Zerman.

Second.

Second. Great. All in favor say I.

I. Motion carries. Moving it to close session. It's so there's nothing.

Yes, sir.

This here