Regular Meeting

[music]

Call to order the April 16th meeting of the Cary Town Council. And at this time I'll recognize Council member Johnson who will lead our ceremonial opening. Thank you, Mr. Mayor. Um Good evening. As we start our meeting this evening, I'm going to share that I've I've brought a prop with me this evening. Um this I brought with me after the pinwheel ceremony uh that we had at our downtown Cary Park along with public safety and child protective services. Um that was yesterday. The majority of Council was able to be there and a lot of people came to show uh their support for child abuse prevention month, which happens every April. Uh so I just wanted to share in case you see these pinwheels around town. Um They're a symbol that's supposed to represent how childhood should be experienced, which is carefree. So when you see them, just know that it's in that spirit that they were planted. Um in preventing child abuse, that's not the work of any single agency or any, you know, single profession. It requires all of us, our neighbors, uh educators, families, the community members, and we all need to be engaged and really, really intentional. So, I wanted to thank everybody for really getting into the spirit of the prevention angle of what child abuse prevention month is all about. Um I'm really proud of Cary. We've done this year. We've lit up the Cary Arts Center blue for this week. So if anybody saw that, that's why. Um I was really thrilled that staff took the time to do that. So I thank you for that. And I encourage anyone to take a moment this week and maybe reflect how you could be a part of the fabric of those that work to protect our most vulnerable, which are our children. Okay. And so that, please join me in the pledge of allegiance. I pledge allegiance

to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Thank you, Carissa. Mhm. First order of business is to adopt the agenda. We've received a request to move the child abuse prevention month proclamation to our April 30th meeting. We look forward to having the Safe Child non-profit organization here with us at that time to receive proclamation. Is there a motion to approve the amended agenda? So moved. Second. There's a motion and a second. Discussion. All in favor, please say I. I.

Any opposed? Motion carries unanimously. We now move to recognitions, reports, and presentations, and we have a few this evening. But before we get started, I want to recognize a group of young men and women, maybe young men uh Troop 200 Cary, North Carolina Scouts are attending the Council meeting tonight for their citizenship in the community merit badge, and they will be leaving at 6:30. So we need to recognize them now. If you please stand [laughter] up.

[applause] [applause]

We hope what you witness this evening will be uh informative. Okay. So our first uh recognition this evening is the presentation from the Citizens Assisting Police, and I'll invite the CAP president to meet me at the podium.

[snorts]

So for folks that don't know what CAP is all about, this is a group of volunteers. They're they're close to one-on-one with every police officer, I think. I don't know if you've quite reached that, but you're pretty close. And they volunteer to do things that don't require police training to do, but they have training. And they're very

smart and they're very involved in our community, and they do things like uh child seats. And I have a grandson, I can tell you I could use your help with the child seats. This just baffles me every time. But they do a lot of other important work with us, and that actually saves tax dollars. Not only is it a benefit to our community, but it saves tax dollars, and they're going to talk about how that saves and helps our community this evening. I'll turn it over to you. Mr. Mayor, uh ladies Council bit Council people personnel, I'd like to first of all My name is Sandy Cromanacker. I'm the president of CAP. Uh we have several members CAP members, if you'd stand up, that's with us tonight. These are our volunteers.

[applause]

Give you a little history about CAP. Uh back in 1997, Cary police put together this program, and citizens were able to come in and and go through this training program. Uh so that's when that was when we actually formed. In June of 2000, we actually incorporated. And our goal is to assist the people that are providing uh the law enforcement. So we assist the police. Some of our goals are to uh the child seat uh checks. We have our personnel Several of our personnel have gone through the training, the week-long training and everything to be uh certified technicians. So we go above and beyond just to make sure that we have those qualifications. Bike refurbishing. We do that so that we can give bikes away to needy children. Uh Project Phoenix. We've done quite a bit with Project Phoenix. Safe child blankets. We do immense a lot of We do a lot of work with with that providing blankets. For the Cary police, some things that we do is traffic control during any Cary festival. So, we're there to assist with

the traffic control. Downtown patrol is something we just started within the last couple of years and it's been great because we go downtown and we're able to talk to the vendors. We're also able to talk to the people in the community and it helps out immensely. Um We also do park and greenway patrols. Again, just to make it safe for our citizens. And seatbelt surveys. So, if you ever wonder where 98% comes from, that's coming from us. We're there, you know, writing all this stuff down. Um Last year, oh, we had 5,121 hours was volunteered. And during that time, you know, we have people that go above and beyond. Well, Miss Barbara here is our She was was given the uh volunteer of the year. And we're very proud of her for what she's accomplished. But with that 5,121 hours, we're providing you with a check of $201,869.82.

[laughter] [applause]

It it is a it's an honor for us to assist you and the citizens of Cary and the police officers. Thank you. Thank you. Let's show these people this check. It's a real big check. They deserve a raise.

[applause]

Thanks. Always nice to receive checks rather than write them. Okay. Our next recognition is the Earth

Day proclamation and I'll invite Council member Brittany Richards, Lois Nixon, Pat Fish, and Anne Kratzer to the podium for the presentation. Thank you so much, Mayor. Well, I am so honored to be the Council Liaison to our Environmental Advisory Board. And as a Cary resident who appreciates how clean and green Cary is, it is my honor to read my very first proclamation as a Council member recognizing the fellow residents who contribute to all of that hard work. So, thank you for being here tonight. And with that, designating April 2026 as Cary Earth Month 2026. Whereas, Earth Month is a time to reflect on our shared responsibility to protect the planet and take meaningful action to preserve our natural resources. Whereas, Cary's Earth Day celebration is proudly held in conjunction with the Spring Days Arts and Crafts Festival where green festival practices are promoted and visitors are encouraged to reduce waste, participate in composting, and connect with environmental experts at Earth Day Lane, a vibrant area filled with environmental experts and volunteers committed to protecting our land, air, and water. Whereas, since 1977, civic-minded volunteers, also known over time as the Friends of the Page Walker, Cary Garden Club, and Cary Woman's Club have played a vital role in preserving and enhancing the landscape surrounding the Page Walker Arts and History Center. Whereas, through decades of service, these volunteers have created and maintained the Anne B. Kratzer Educational Garden, the Page Walker Pollinator Garden, and the Children's

Sensory Garden, spaces that support environmental education, pollinator habitats, and hands-on engagement with nature. Whereas, the work of these volunteers has meaningfully meaningfully contributed to the historic Page Walker site by adding beauty, educational value, and environmental benefit, enriching the experience of all who visit. Whereas, Cary Town Council members, staff, and the entire community extend their sincere appreciation to the Page Walker Grounds volunteers for their decades of service, stewardship, and lasting contributions to Cary's natural and cultural landscape. Whereas, Cary approaches all service and operations with a guiding ethic of sustainability, innovation, and collaboration. Now, therefore, I, Brittany Richards, Cary Council member, on behalf of the Cary Mayor and Council, do hereby proclaim April 2026 Cary Earth Month 2026. And I encourage everyone to join our Earth Day celebration at Bond Park on Saturday, April 25th. Proclaimed this 16th day of April 2026.

[applause]

Any one of you can be the proud recipient. Thank you. Thank you so much, Brittany. We broke you in with a good one. That was a long one. All right. Uh and finally, under recognitions, reports, and presentations, we have the Interim Town Manager's update. Thank you, Mayor. Just before this meeting, Council held a work session to discuss upcoming changes to the Citizen Convenience Center as well as Council's delegation of authority regarding uh staff spending thresholds. Um that was a very helpful discussion. And as a reminder for anyone who missed it, the work session was recorded and is available on the town's YouTube channel. I also wanted to remind everyone here

and watching at home that we're still still taking input for the fiscal year 2027 budget, uh which Council will vote on in late June and will go into effect July 1st. Uh my proposed budget will be presented to Council at the quarterly meeting on May 14th and it would be great to have as much input as possible uh between now and that date. And even so, we'll continue taking budget input all the way up until adoption and the vote on the uh in late June. Submitting budget input is as easy as calling or texting or emailing 311. Folks can also attend any of our regularly scheduled Council meetings and provide input during the public speaks out portion of the meeting. And we'll also have two budget public hearings, one in May and one in June. So, there's lots of ways to get input and projects, programs, and the people that will be part of next year's work. And with that, I'll turn it back over to you, Mayor. Thank you, Mr. Overcash. All right. We move now to Public Speaks Out. We've included instructions for speaking at this forum online and on the printed agenda. There were three opportunities to participate in Public Speaks Out through written comments, by calling in, or by attending here in person tonight. And if you are here in person and would like to speak, I would ask that you please take a seat in the rows to my right that are shown as highlighted. Public Speaks Out speakers have up to 3 minutes each for their comments and may speak on any town-related topic as long as it's not a public hearing. And that works to your benefit because you get more time than a public hearing. The 3-minute time limit will be enforced, not to be rude, but to be fair to all of our speakers. We have a timer on the podium. It'll start off with a green light. When it turns yellow, that means you have 30 seconds remaining. And when it flashes red, your time is expired. And again, that's the point I will interrupt you trying not to be rude, but to be fair to all of our speakers. I would ask that our speakers be

respectful in their comments and direct the comments to the entire Council and not to an individual. And I thank everyone in the audience for understanding that and respecting that this is a business meeting. Please do not applaud, make remarks from your seats, or anything else that may distract from this meeting. So, now is the time for Public Speaks Out. And I will first call on the clerk to read any written comments and call on any registered speakers. We've received four written comments. These have been emailed to Council prior to the meeting, provided to Council upon their arrival, and attached to the online agenda. We have four registered in-person speakers. Starting our first one is Katie Balsa. Let me know when I'm good to go. Uh good evening, everybody. Thank you so much to the Council for having us tonight. Uh my name is Katie Balsa. I am a very proud Cary resident and I am also the senior director at the American Heart Association here in the Triangle. Um I also hold a master's degree in public health and have over a decade of experience in the public health field. And so, those two perspectives um you know, really help shape the work that I do today, which is currently community investment as well as public health. And my role is really centered around building partnerships across the region. I work with local governments. We work with schools, businesses, nonprofits, all who have the same goal in mind, which is to make the triangle and specifically Cary a healthier, more vibrant place to live. And so I'm here today because clean, safe air is a

foundational investment for community well-being, especially for our young people. Uh tobacco is often viewed as a solved problem, but the data tells us otherwise. Nearly 13% of Wake County residents continue to smoke regularly. And even more alarmingly, more than one in five high school students in Central North Carolina currently use electronic or e-cigarettes. This reality really does impact our public places in Cary, especially in normalizing the use of tobacco products for impressionable youth. Um from a public health standpoint, we know that secondhand smoke and e-cigarette air aerosol have real consequences. Um from a community development standpoint, that exposure really can undermine the work that we are doing to make our environments healthier and to make our shared spaces where people can learn, work, and gather safely. Even today, more than 20% of non-smoking adults nationwide are still exposed to secondhand smoke. And that is just not aligned with Cary's values or its vision for the future. Um there is no safe level of secondhand exposure to smoke, and that does include e-cigarettes. Um this exposure can increase the risk of serious health conditions, such as cardiovascular disease, which is the number one killer of men and women in this country, um as well as respiratory illnesses and cancer. So young people should not have to face these dangers in public places that are really meant to support their growth. Um as someone who works every day to bring new partnerships and resources and investments to the region, I see policies like this as a long-term infrastructure for health. And you're going to hear from my colleague um shortly after me. She can and she'll share more about that. But the town of Cary is consistently ranked as one of the best places to live for a reason. And so we believe that updating the smoking ordinance to include the DHHS

tobacco-free places model continues to prioritize evidence-based solutions and I really appreciate that and have a nice evening. Thank you. Our next friendship speaker is Emma Kate Burns. Followed by Reverend Pinkney. Hello, members of the Cary Town Council. Thank you for the opportunity to speak today. My name is Emma Kate Burns, and I am the director of government relations for the American Heart Association in North Carolina. I'm here today to ask for your support in adopting the DHHS model for tobacco-free places, which will be presented by staff later this evening. I want to start by thanking the council for taking up this important issue, especially Mayor Pro Tem Bush. The existing Cary ordinance on smoking was drafted in 2007. At the time this was drafted, you could smoke in bars and restaurants in North Carolina, and e-cigarettes had not been sold yet in the United States. As tobacco technology and our understanding of its adverse effects on health advances, so must government regulations that protect our public health. The DHHS model will bring Cary smoke-free air into the 21st century. It will protect those who live, work, and play in Cary from the harms of secondhand smoke and aerosol, creating an environment that promotes healthier lifestyles and discourages behaviors that contribute to preventable diseases. While many of us are familiar with the harms of secondhand smoke, I want to highlight the dangers of secondhand vape aerosol as well. Secondhand aerosol can expose people who don't smoke, including children and adolescents, to nicotine, ultrafine particles, and toxic chemicals with known adverse effects on brain development and cognitive function. And this is something new that we're learning in research um through the great work that the Heart Association is doing. Studies have shown that exposure to nicotine during adolescence can also increase the risk of developing nicotine addiction I'm sorry, nicotine dependence and other

substance use disorders later in life. By permitting indoor vaping, we risk normalizing nicotine use and undermine efforts to prevent youth initiation and addiction. Permitting indoor smoking and vaping in our public places sends the message that tobacco use is socially acceptable, particularly to our young, impressionable people. Normalizing smoking behavior undermines public health efforts to reduce tobacco use and combats the persuasive influence of tobacco industry marketing. The proposal before the council would move Cary forward by creating smoke and aerosol-free environments that promote healthier lifestyles and discourage behaviors that contribute to preventable disease. Thank you for your time and commitment to building a healthy Cary for all. Thank you. Thank you. Our next um speaker is Reverend Pinkney, followed by Nathan Bullock. Good evening, everyone. I've been here for 13 days and I've been loving it. I packed up my car and came to North Carolina because I wanted a peaceful place to live. Um I'm Reverend Pamela Pinkney, and I'm not here for a light or a transient cause. I was introduced to One Wake on yesterday, and they were talking about affordable housing. And there are so many components to fit under the umbrella of umbrella of affordable housing. There are many categories that are impacted for each of us. I have on my religious garment today because I would like to bridge the gap between God and government because we have a common need, which is affordable housing. The category for affordable housing that I would like to briefly touch on is

how it impacts victims of violence. I was homeless for 24 years for reporting abuse and for violation of my protection order. Victims of violence not only do not have adequate funding to receive attorneys in the process, but don't have affordable housing. When a person leaves a domestic violence or any type of violent situation, there is not adequate funding for the person to live. And it puts the victim back in a compromising position to decide would I be better off staying where I'm being abused, or would I rather be homeless? It doesn't matter what color we are, it doesn't matter our gender, it doesn't matter where we've been and where we've come from. Violence impacts all of us. I spent over $4,000 just within the last month just paying for hotels to stay in. Affordable housing. It is a biblical concept. It is a biblical practice. Affordable housing for victims of violence. During the time of my homelessness, people decided to put labels on me instead of supplying me with resources. But I'm here today to tell you that I would ask that this legislative body would begin to look more deeply into the impact of victims of violence for affordable housing and make landlords also accountable. Because we have were homeless, or I was homeless, a landlord didn't have an accountability to fix the property because they felt like I needed a place to live, so they could do what they wanted to do. And we need a an escrow account where landlords must put their money in from some of their rent to keep up the

property. Affordable housing. Thank you very much. And have a blessed evening, and you all are so awesome. Thank you. Thank you. Our next speaker is Nathan Bullock.

[clears throat]

Good evening, Mayor and council members. My name is Nathan Bullock, and I have lived in Cary for the past 3 years, during which time I've done my best to be involved locally and to learn about my neighbors and the needs of my community. When I first moved to Cary, I was working as a high school English teacher at a school in Raleigh. And as I've read the data about our town, I've realized that in many ways I am representative of our changing workforce and citizenry. I'm a millennial, under 40, with graduate degrees, working remotely for an education nonprofit, and unable to afford buying a house in Cary. You know all the data much better than I do, and you know the impact that our town's sustained investment in affordable housing can have. Look at anything else our town has invested in. We top the charts in so many categories: public safety, parks, environmental sustainability, health care facilities, climate resilience, and overall quality of life. That's because each of those areas has received sustained investment from our town alongside the precision and technical expertise of the town staff. Most of the time I enjoy bragging to my friends about Cary. About the safety, the downtown, the diversity, the parks and greenways, the storm water drainage, the tennis, and to my friends in New York about the fact that we already have free public buses. And we don't even have a socialist mayor. I'm proud that Cary has been a leader in

all those aforementioned areas, and that Cary continues to provide a model for municipal government excellence. Let's continue that work by providing an example for investments in affordable housing. At a time when we cannot rely on the federal government to protect our fundamental rights of life, liberty, and property, the town of Cary has the opportunity to showcase what American society and democracy are at its best by providing quality of life, liberty, and affordable housing. I want to reiterate the demands that have been made by my neighbors in One Wake. One, that the town commit no less than one penny per $100 in property tax revenue to affordable housing initiatives. And two, to commit to putting a housing bond on the 2027 ballot to further strengthen the town's ability to meet long-term housing needs. I look forward to working with all of you to accomplishing our shared goals for Cary. Thank you. Thank you. That is all our registered speakers. If you're here in the audience and would like to speak at public speaks out, now is your opportunity. Good evening, and thank you for this opportunity to address you. My name is Leslie Dinwiddie, and my husband and I have been residents here since 1991. Our hope is that people who work here could afford to live here. Two years ago I was collecting signatures around Cary for One Wake in the hope that we could make a dent in the 66,000 units of affordable housing that we needed in Wake County at that time. I approached a young man at a fruit and vegetable stand and asked him if he would sign the petition for affordable housing. He wanted to sign, but told me he was a Cary police officer who couldn't afford to live here.

He lived in Johnston County, 26 miles from his workplace. I got to thinking that 10 trips of 26 miles was 260 miles per week. It was not just a whole lot of his personal time he was investing to get to and from work, it was a whole lot of gasoline. In today's market of $4 per gallon in a vehicle that may have averaged 20 miles per gallon, we are not only talking about a lot of money out of his wages and the investment of his time commuting, we're also talking about a substantial environmental impact for us all. What we know is that every home in Wake County that is affordable, there are more than 150 households that would love to move in. These are people who work here taking care of us and our children. Not just policemen, but nurses, teachers, grocery store workers, cleaners, and the list goes on of those who commute here trying to make a living wage while serving those of us who are lucky enough to live in Cary. When I looked at the Wake Housing Data Platform, it was obvious that Cary houses the very privileged retirees. 90% of the 72% Wake County residents over 65 live in Cary. And we have higher levels of education. Surely we can use that privilege and education to help those who help us, but cannot afford to be our neighbors. And let's not forget the environmental impact. In closing, I want to say how proud we were of you when you adopted the 1 cent plus of every hundred tax dollars. We know you have exceeded it in the past. However, it is so disappointing that it is now under the threat of reduction. Please don't let us go backwards. Have us help our helpers. Thank you, and would One Wake uh supporters please stand up.

That's a bunch. Thank you. Thank you.

[clears throat]

Next speaker, please. Anyone else? Good evening, mayor and the city council members. Um my name is Hongzhou. I've been living in Cary since 1999. 27 years passed. One thing that has not changed is our love for the city, for its beauty, natural beauty, and the street safety. And I I

[clears throat]

I retired a year ago and I started to pay attention to my neighborhood. And before that, that is a just a place for work and sleep, and we do not know a lot of things going on on the streets. One thing that actually caught my attention is about the safety. It is not about my safety, it is about people's and kids' safety. And uh 27 years has has a lot of changes in industry, in the environment, in technology. This new thing called e-bike is really gotten me concerned. And I am you know, looking through my I'll send my window I see those young kids are dashing on the street at at this full speed. Some of them on the e-bike, some of them on the e-scooter. I do not know any better. And the one thing I decided to do is that I want to learn from neighbor. I got on Nextdoor. I started 3 days ago. And I'm just have a very naive thinking. I thought maybe just control their speed is going to help with their safety. Very naive thought. 3 days later, 170 votes coming back just right

before this meeting. This is what I learned. 68% of people, 115 out of 170 people believe we should have a speed limit for the kids riding the e-bike and e-scooter. And uh 40 of them, 24% decided no, we already have enough speed limit for the vehicles. And uh I leave a third option. This is it all depends. 9% count 15 people. And from the notes I received from those feedback, and I think one thing is common. People do experience this kind of uncertainty and anxieties about young kids they're riding a vehicle that is really they do not have all the skills to master. It It is very rare for you to send your toddlers or or elementary kids school kids to the public street. And but you can see them they're riding the bike full speed on the public street. And that concern me. And I also learned that uh our city city council is going to work on some regulations, and uh I think I hope and that is going to address some of my very deep concerns. Number one, e-bike, there has to be what I'm so sorry I have to interrupt you. Your time is expired. If you have notes with you, if you could leave them with the clerk, we'd very much like to hear them. Yeah. I I have three things, and yeah, sorry. Sorry about the

fine. You're fine.

Yeah. If you could leave it with the clerk, we'd love to have them.

Okay, thank you. Thank you. Anyone else for public speaks out? Anyone at all? Seeing no one, we'll close public speaks out. Excuse me. And we'll move to consent agenda, which is item four if

you're following along. For the benefit of people watching our meeting via streaming, I'll take a moment to review the consent agenda items. Please keep in mind that one vote approves all of these items. On the consent agenda, we have the call for public hearing for 26 A 02 Woodfield Walnut public hearing and minutes. Would council like either of these items pulled for discussion? If not, I would entertain a motion to approve the consent agenda. Motion to approve. Second.

There's a motion and a second. Discussion. All in favor, please say I. I. Any opposed? Motion carries unanimously. We now move to public hearing. Same rules apply for public hearings that applied for public speaks out with one exception. Speakers now have 5 minutes each for their comments. Our first and only public hearing is 26 A 01 Macedonia Place, and principal planner Rachel Smith will introduce the item. Council may take action on this item. Ms. Smith. Good evening, mayor and council. The owner of a 10.89 acre assemblage located at the intersection of Macedonia Road and Jones Franklin Road has submitted a request for annexation. The properties are located within Cary's extraterritorial jurisdiction. In 2020, the current zoning was approved for mixed-use district with the Swift Creek Watershed Protection Overlay District. The zoning permits the proposed development of 226 multi-family dwelling units. For the zoning, 23 units will be workforce housing units offered to renters with an income of no greater than 80% of area median income. Annexation is required prior to approval of the development plan and to allow connection to Cary's utilities. All town services are anticipated to be available to serve the site. Following tonight's public hearing, Council may take action on the request.

This concludes staff's presentation and I'm happy to answer any questions you may have. Thank you, Ms. Smith. So, now it's time for the public hearing for 26 A01 and I'll call on our clerk for any written comments and call on any registered speakers. No written comments and no registered speakers.

Okay. If you're in the audience who would like to speak at this public hearing, now's your opportunity. Anyone to speak at 26 A01 Macedonia Place? Seeing no one, I'll close the public hearing and open it up to Council members for questions or comments. Do you have any questions? I have one I have one comment I'd like to share. It's not

[clears throat]

wholly specific to this annexation or any particular rezoning, but you know, 80% of area median income is not a magic number. And I I'm just sharing my singular perspective on this. Um there's almost more value in fewer units at a lower AMI. Um

I totally agree. Those are the families that are that are 80% of AMI is over $100,000. Yes. So, and that's not I'm not criticizing

about this project. This is a topic in general.

Yeah, I just want to be super clear here. I I hear it and I hear it. Um it's not nothing, but it's um not quite as impactful as I think what our intention is when it comes to affordable housing. So, I just wanted to share that perspective about um I know sometimes what will you will they'll give us a 80% at 15 years and we're like it's something, but it's not exciting. Then they'll extend it to 30 years and it's still okay, but coming down to 60 or 40% of area median income, that would be something that I feel is though really meets the spirit of house like housing affordability for more people so that folks can afford to

be our neighbor. Firemen,

[cough and laughter]

firefighters, [clears throat] police officers, teachers, service workers. Yeah, I would

They're not touching them at $100,000. You're not and you're definitely not touching the fantastic folks that choose my groceries for me at Harris Teeter. And that's the that that's my most recent conversation about affordable housing was with a couple of folks there and I promise you they're nowhere near 80,000 or 80% of AMI. So, I just wanted to This is not directed at you. I just wanted to share that perspective.

Thank you. I I feel the same about that.

And this is Well, just to remind us, this is an annexation associated with the rezoning that happened already, correct? Yes, it was approved in 2020.

4 years ago, right? Okay. So, it's not like

plan as well? Yes, the development plan is presently on its seventh round of review.

Oh my goodness. And this is the last step. So, if this was approved 4 years ago, they were on the ground floor of offering reserved affordable housing. So, I will let me amend my comments and say but I and I also commend the staff.

[laughter]

I just wanted to to kind of set the record straight that it was a while ago and they were one of the first in and so I really do um quite thankful for this applicant that made that um that condition for us and um you know, barring that I'm make a motion that we approve annexation petition 26 A01. There's a motion. Is there a second? Second. Second. Just to follow up in discussion, for those that are watching, any type of affordable housing condition is voluntary. We cannot require it. So, it's the applicant doing that, that's a great thing. That's somebody that cares about their community. So, Mayor, I just want to make one comment. Um I think this is also a testament like what you said, it was 4 years ago when the rezoning. So, it took like 4 years for this project to come back and you know, through the development agreement. So, the amount of work that goes between the

staff and the applicant is pretty considerate. So, thank you so much for that and we appreciate everything that you guys do. And since we talked about affordable housing for any developer that might be listening, that I think the feedback is we were really glad that it started at a certain point and we'd love it to keep continuing and maybe even working with staff we can find other ways and other opportunities besides conditions Yes. for a certain number of units or a certain number of you know, units at at a lower rate or maybe even a housing fund or a payment in lieu or something very new and exciting that's being done in other municipalities. I think we're all very open to a wide variety of opportunities to provide affordable housing for the for the people who make Cary so great. And we very much appreciate our public-private partnerships. Absolutely. Great point. Anything else? Rachel, if you'll indulge a question just for my own edification, we so frequently see rezonings and annexations paired. And so, why the the multi-year gap between the rezoning and now the annexation before us? Sure. So, the paired rezoning and annexations that you often see for a joint public hearing are often not within Cary's extraterritorial jurisdic Well, they're not within the territorial jurisdiction because they don't have initial Town of Cary zoning at all. So, the annexation must occur at the time of rezoning so they can establish that rezoning. Now, for a property such as this, which is already in the extraterritorial jurisdiction, um it already would have an underlying Cary zoning. Right? So, they rezone to change the zoning and then they can wait to file their annexation petition. Um there are some reasons for the wait. In this case, they had some demolition work to do, for instance, and they also are able to defray paying Cary taxes until the time of annexation

Understood. while they go through their rounds of development.

Underline the last point.

[laughter]

That's a great question. Thank you. And maybe they have to save money somewhere. We have Would you like to say And also want to share this um um Councilwoman Councilwoman Johnson

I want to be at this a professional meeting. So, the 80% AMI and I think 2020 the AMI is not as high as now. So, what I learned is also you use a percentage or kind of reference, the number could change over years. So, which is we have to look into other factors to decide for the housing affordability in Cary. And just to add on to that point and I know we're going down a rabbit hole here, but [laughter] the income for Cary residents is increasing. I think it was over 26% in the last 5 years. Which drives up the average median income. So, you're going to see it continue to rise. So, that continues to be an issue. Okay, we have a motion and a second for approval. All in favor, please say I. Any opposed? Motion carries unanimously. Thank you. Thank you. We now move to discussion items. We're at 6.1, a Council-initiated item for a community concern regarding e-bike safety. And this was submitted by Sarika Bansal and Brittany Richards. And per Council procedures, the Council as a whole may take one of the following actions. We can discuss this issue and take action at the meeting if no information is required from staff and Council does not seek public input. We can refer the request to a future meeting at which time staff can report with staff recommendation recommendations that will be prepared or we could decide not to pursue the Council-initiated request. Having said that, I'll recognize Councilmember Bansal and she can introduce the item. Thank you so much, Mayor. Um and I want

to thank the speaker earlier for um [clears throat] bringing up this introducing this topic. And that's a testament of, you know, that it's a real problem and um Councilwoman Richards and I, we were together in a uh three by four meeting where I brought this issue up. It's a consistent feedback from residents about the e-bikes and the safety surrounding for the pedestrians and even for the um um I wouldn't say kids, some kids, but youth driving these e-bikes and you know, the speed of it. Sometimes on greenways, sometimes on road. I personally experienced this myself. I was on one of the trails and I almost got hit by a e-bike. So, it was very dangerous and one of the roads like we were out with our I was out with my family once at somebody's house and their house was literally in their backyard is like adjoining uh Yates Road. And around 10:30 or 11:00 p.m., there were about 20 or 30 e-bikes zooming at very high speed and it you know, it just was it was very dangerous. And there is absolutely, you know, this is one thing that I continue to hear from the residents of District D, and as I understand from um uh Councilwoman Richards have heard from um residents of District A as well. And my um I'm not an expert here, but I would really like for our staff to come up with a recommendation. And how do we what do we do about this issue? How do we do we do enforcement? Do we do I know if we cannot stop e-bikes, but like what is how do we address this concern? It's Richards. Well, thank you, Councilmember Bonzau for your leadership here uh and elevating this issue. And you're exactly right. You and I have

both been hearing similar concerns from residents. And so, I think that is what both you and I would like to see tonight is more information from staff for us to make an informed decision about the best way to tackle this problem. You know, a comment I've heard from a number of residents is Cary is usually a leader and an innovator, and they want us to be proactive instead of reactive. And they're genuinely concerned that it's going to take a tragic incident with a child and an e-bike before we uh take this seriously. And so, I I think in the way that we like to to lead, that we should take a look at this before that happens. Um you know, as with any issue, the the specifics are going to be important. And so, I know that we already have speed limits. Thank you to the resident who discussed the importance of speed limits on our greenways. There's a big difference between e-bikes with pedals and what are actually more like motorcycles, uh the implications for greenways versus roadways. Um I know as with most things that we tackle as a municipality, there's also some implications for authority from the General Assembly and what we're able to regulate. Um and like Councilmember Bonzau said, you know, there's different approaches we can take. Is it going to be more an educational tact, an enforcement tact, a little bit of both? Uh so, I think there's a a lot of options here on the table, but we need to pay attention and learn more and and hopefully do something that can address these concerns. Um thank you both. I could say we addressed this issue or brought it forward years ago and did a pilot 2 years ago. Uh one thing I know that now is our police department is dozens of officers short. Uh they're doing required overtime and asking them for enforcement, that's going to be a big ask. And uh so, I'm not sure if that's a solution, but

we're not looking for solutions tonight. We're going to ask staff for solutions, but I know that is a concern. When I'm listening to you, I'm I'm like, uh don't put it on the police. Yeah. Uh so, how do you fix it? I have no idea. Right. And we'll we'll [clears throat] leave that uh ingenuity to staff, but we we've bandied about a couple of ideas, you know, of uh engaging the teen council in some peer-to-peer education. Um you know, maybe tying this into bike month and offering some educational programming there. You know, I I think a lot of it could be well-intentioned parents who have their children outside riding our greenways, which is great in theory as long as they're doing it legally and uh safely and responsibly. I do also want to note at the same time, this isn't about curtailing e-bikes uh completely. You know, I've also heard from residents who say, "I have mobility concerns and and my e-bike is my way for me to enjoy our greenways." So, being mindful of those residents as well. Just trying to keep everyone's safety in mind. Yeah, and as I think I am the only e-bike owner um and active rider. I In my family, we have three e-bikes. Um and so, I do want to acknowledge how difficult and complex this is. I don't know if you've ever gone on Amazon and typed in e-bike, but what comes out on Amazon and the first three um items that come up, none of those are actually e-bikes. There's multiple different types of bikes. And most of those things that pop up on Amazon are actually mopeds and are not allowed to be on our greenway. And we So, I think a lot of this discussion it and it's not the fault of the parent who thought they were purchasing the right thing. It's generally hard to tell where the line is. And so, I I think that you both are going in the absolute right direction. Um I like to, you know, absolutely thank

you for the your leadership, both of you and for your leadership in that. Cuz I'm not jumping to blame anyone because somebody will go, "Parents shouldn't buy this or they shouldn't get this or kids You know, a lot of people I see kids riding around under the age of 16 without a helmet. It's a law. If you're under the age of 16 and you're riding a bike, you should be wearing a helmet. We don't enforce that law. Although it would be for the public health of the child, we don't. I will say that when staff, cuz I I imagine there's a a lot of consensus here to look into this again, I have the um opportunity to participate a in an e-bike seminar put on by the North Carolina BikeWalk Community. They did a full hour uh seminar webinar that you can take online. And Steven Goodridge, who is a Cary resident, Former P&Z member. former P&Z member, who was on the transportation and mobility team, actually ran the seminar. Um talking about the state of North Carolina, the laws, and what people are doing across the country. Cuz this is, you know, like affordable housing, this is not a problem um only in Cary. It's it's a problem everywhere. So, I think that as staff looks at this, engaging with the experts and professionals on what does education look like? What does partnership look like? What can we do? Because I really would like to stay away, if we can, from the whole blame game, because I think everybody's just trying to do the best. And when I'm out on the greenway, you know, cuz my husband had back surgery. So, his recumbent e-bike allows us to go 40 or 50 miles, which he just would not be able to do otherwise. So, it does give many of us an opportunity to be free, enjoy the outdoors, to get exercise. None of us want to take away from that. We just want it to be done safely for not just the e-bike riders, but for everybody. I think you have brought um the issue raised a excellent point, and

I think the place that we come from is exactly what you understand the intention that, you know, it's not a blame game on the parents, because they're trying to do the best. And you know, e-bike is a future. It's like AI. AI is the future. How do we like but we have to make sure that as a town, like what Councilmember Richards said, we have to be proactively looking at, you know, so that especially what kind of bikes are out there. And how do we make sure that we are like putting some guidance out there and making sure whatever I know we are short on resources. So, how do we maximize and make sure that the residents feel safe while walking on um sidewalks on, you know, greenways. And And I I'm a mom of um 17-year-old. I worry about their safety. That, you know, they should not get kids should not get hurt and, you know, they should enjoy and they should be able to use e-bikes. I would love to try your e-bike someday.

over. Bring one over. Yeah, I cuz I know we we don't have to ideate tonight, but our greenways themselves are such a great opportunity for education. I mean, I know as I use my greenway that we put up signs as an educational opportunity as we did when we were figuring out if we were going to allow e-bikes initially. And so, I mean, I could even just envision signs that say, "Did you know this isn't an e-bike and this isn't allowed here?" You know, something

green ambassadors for Earth Day. They did a great job talking about compost. There's so many I mean, we aren't we say not ideate, but Yeah. All right. Ideate. Because we're all so passionate about finding the right way to do this that's not punitive, but rather an incentive. Yeah, cuz to your point of not blaming, I don't think most residents are doing this in defiance of the law. They're doing it because we're just missing an education piece. And

maybe, you know, again, we are not trying to solution it tonight. [laughter] I keep We keep saying this, but we keep solutioning it. And maybe we can use our CAP team to help kind of the education part. But, you know, that's something for staff to think about and present to us. I I have a another idea about the e-bike, cuz I feel it's more concerned about the safety. But, I feel [clears throat] now e-bike is so popular, so we are all looking at e-bikes. But, what if future we have other kind of micro transportation?

Mhm. Scooters. Scooters or other kind maybe you can fly or anywhere. But, With personal drones. Personal drones. So, that's not that far away. It's not. So, should we focus on the um transportation

[clears throat]

the way you the tool you use or the way you behave? Which way should we target on? Cuz in the future, there's another a new new vehicle come out and we have to put out another one or we just And that and your point is exactly right because that's why in the e-bike um update to the policy, it is mostly focused on the um miles per hour, 50 miles per hour, which is the limit on our greenway. Raleigh's miles per hour limit is 10. So, that was a choice we made, but you know, it that lots of opportunities.

Maybe we should revisit that. So, now I think um do we put a motion for this after Okay.

options.

So, can I move forward?

Please. Okay. So, I would request our staff to prepare a recommendation and Oh, there is something on the screen. I saw everybody looking at the screen, so [laughter] So, um should I Is this what

you want number two. Number two. Okay. [clears throat]

I would request and refer the request to a future council meeting at which time a staff report with staff recommendation will be prepared and presented to the council to take an action for e-bikes. There's a motion. I would amend [clears throat] that possibly. Okay.

Say motorized or electric. But e-bikes

microtransit like or something like that because Like e-bikes are So, but scooters I see kids doing it.

scooters on the greenway?

I see No, that's what I'm saying though, but I think we need a broad policy that's not just greenways. Okay, so the green the policy actually um removes motorized. So, today it doesn't it only allows e-bikes that are can be pedaled. So, if you add that, that would be against the current policy. What I'm hearing is that Council member Cone Johnson wants what staff brings back to be more comprehensive. Educational about all types of transport. Sorry, I misunderstood.

a We have an electronic assisted and/or completely motorized small mode of transportation. Mike, what do you call it? Microtransit?

Microtransit.

That's right. I like that. So, what do you want me to I mean, I just So, so you're asking her to amend her motion to to be more comprehensive. To include more than just greenways and more than just e-bikes. Okay. So, I would I I'll make an amendment. Um I'll refer the request to a future council meeting at which time a staff report with staff recommendation will be prepared for a comprehensive review of our e-bike policy. Exactly what Mayor said. Perfect. Thank you.

[laughter]

Is there a sec You're the second. I want you to let Second. Second. Discussion. All in favor, please say I. I.

Any opposed? Motion carries unanimously. Thank you. We now move to our second council initiated item, smoke-free ordinance.

This was submitted by Mayor Pro Tem Bush and Council member Michelle Craig. And I'll recognize Mayor Pro Tem Bush at this time. Uh well, thank you. And many thanks to the folks from the American Heart Association who came and spoke and provided a lovely letter of support. Um

[snorts]

The basis of this request is to update our current smoke-free [clears throat] ordinance um so that it includes vaping and e-cigarettes. That's That's really the crux of it. Um and the goal is to report back to council on options for updating the ordinance so that it allows with the the current North Carolina um state law, the current Wake County uh DHHS law, and um we can also look at what Raleigh has done as well cuz they recently updated their ordinance. Um and although we got great data from the speakers, from my perspective, it's about a just a a few things. One is about protecting our kids, reducing the confusion because there are different ordinances depending on where you go in Wake County. So, making all of our ordinances align, you know, if you're if you're going to Wake County, you're going to Apex, you're going to Raleigh, there are different rules and regulations. So, aligning with that um would be helpful and making sure that the laws that we have on the books actually match the way people are living their lives today and making sure that, you know, we we um focus on the public health of our community. Ms. Craig, anything to add? I I just wanted to to thank Mayor Pro Tem Bush for um initiating this and the conversations. And as um I'm a child of a parent who died at age 60 from lung cancer. And I have another parent who's had two lung surgeries, um one within the last month, um due to lung cancer. And I know that

smoking is a choice. And I also have a family member who has who was diagnosed with lung cancer who has never smoked a cigarette. So, secondhand smoke is is not a choice if you're in the wrong place the so-called wrong place at the wrong time. So, this was easy for me to um to support, um especially as a youth advocate, as a teacher, in our public school system. So, I'm I'm just happy to support um bringing this initiative forward. Thank you.

Thank you. I I tell you what you said really resonated with me, being consistent across. That that makes sense because that will help with enforcement. Even though things like this are really hard to enforce, but if everybody's consistent, it really helps. And I think sometimes we think about things like this is, well, it's just a resolution and or it's just this, but these types of efforts from a council, you know, it's a small step, but with a really big message that Cary cares about kids. And we take our kids' health absolutely seriously. We want the laws to match um the fam what family should reasonably expect when they walk into a public place. They hope that that would be a safe place for everyone. Yeah. Thank you for elevating this, my two colleagues. I was really moved to by the speakers' comments uh talking about how uh actions like this can start to change societal norms. And I think that's part of it, too, because it is astounding to me to think of in my childhood walking to a restaurant and being asked smoking or non-smoking. It is almost inconceivable to believe you know, to tell my own children that that used to be the case. And so, it is it is taking actions like this that help move those societal norms to model healthier behavior for everyone. I also think just as a as an aside, not to make the meeting go on even longer, but at this table, can I just ask how

many of you grew up with a parent that smoked? I mean, that just shows you how society has changed. In that case, I have RSV now because both of my parents smoked when I was a kid. And asthma. You, too. So, I I really think that this is turning turning the table on um generational change. So, I'll make a motion that we refer this request to a future council.

comment? Oh, sorry.

No, that's fine. You want to say something? Me? Oh.

[laughter]

Yeah, my my dad died of lung cancer, too. So, Oh, I'm So, uh yeah, so I agree with all of it. Go for a motion.

I, too. Um anyone that knows me, my close friends, like if they they do hookah, most of them. And I don't I just leave the party or the house when they start the hookah, and they know not to do it in front of me. So, I am very against smoking myself, but I understand it's a choice. People do what they have to do. But I agree in public places, you know, we have to be respectable in having consistency. So, I am grateful that you brought this forward, both of you. Thank you. Absolutely. Okay, anyone else have You can put a motion forward.

I was looking this way and totally Wait till she starts and then say something.

[laughter]

All right. So, I'll make a motion to refer this current request regarding the smoke-free uh Cary to a future council meeting at which times a staff report with staff recommendations will be available. Second. There's a motion and a second. Discussion. All in favor, please say I. I. Any opposed? Motion carries and we will now go into That concludes our regular agenda. We will now go into closed session. Would someone like to make a motion to go into closed session? Pursuant to Go go for it. Pursuant to GS 143-318.11(a)(1), (3), and (6), I move that we hold a closed session to consult with attorneys employed by and/or retained by the town

in order to preserve the attorney-client privilege between the attorneys and the town, prevent the disclosure of information that is made privileged or confidential pursuant to the laws of the state or not considered a public record within the meaning of chapter 132 of the general statutes, consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of one or more individual public officers or employees. There's a motion.

Second. And a second. Discussion. All in favor, please say I. I. Any opposed? Motion carries and we will now go into closed session. Okay, now you

Mhm.

We'll reconvene our council meeting. We have concluded our business. I would entertain a motion to adjourn. So moved. There's a motion.

Second. And a second. Discussion. All in favor, please say aye. Aye. Any opposed? Motion carries and we are adjourned.