I’m back from vacation. There are a couple active topics in Apex I wanted to touch on as I get back into the routine here.
Let’s dive in.
August 11th Town Council Meeting
Great news - the town staff has started putting together a pre and post meeting summary called the “Council Connector”. You can subscribe here.
I’m excited - because this is going to save me a ton of time. Going forward I’m only going to pull out and discuss the major controversial topics, and refer everyone to the Council Connector for the blow by blow.
Fire Station 1
Key Takeaways: Fire Station 1 is not in any immediate danger of demolition, a study has been funded, fire crews are moving to Station 3 after it’s expanded
A petition asking that we “Save Fire Station 1 From Demolition!”. Articles have been written. People showed up at the meeting. What is going on?
Nothing, really. Actually Fire Station 1 is not about to be demolished, no decision on the building is happening anytime soon, and the petition is alarmist and misleading.
Two different issues are being conflated.
“Save Fire Station 1” - the building. No decisions have been made about the building. At the August 11th meeting, we funded a study to basically let us know what our options are. The study should take just under a year.
“Keep Fire Station 1 an Operating Fire Station” - that ship has sailed. The Fire Chief gave a good presentation about the operational and public safety reasons it makes sense to combine Fire Station 1 and Fire Station 3. That decision, driven by and at the request of AFD, was made two years ago. We’re well underway in implementing.
Council’s intention has always been to have AFD maintain some presence downtown. I will say: we have been briefed on the state of the building in the past, and the news is not good. If there is to be a renovation, it’ll be pretty extensive: think Holt Brothers level. Because we’ll need the need to conform to a modern building code, and because of the poor state the building is in, this is not a case where we can just change the furniture and use the building for something else.
AFD has a good site outlining the timeline of events here.
Flock
Key Takeaway: I have serious concerns about Flock, and I’m not sure the company and that business model should exist
The N&O had another story about Flock that I was quoted in;
"Mayor Pro Tem Terry Mahaffey said his main concern is not cost, but the technology, the database it creates and access outside Apex. He said he trusts Apex police officers but worries about broader network misuse and private-company data retention. All options are on the table, he told The N&O, including renewing Flock, adding safeguards, switching vendors or ending the program."
The issue has been referred to the Public Safety Committee of the Town Council. Their job is to provide a recommendation to the full Council on what action or direction (if any) we should take on the issue. As of right now that meeting has not been scheduled, but I have heard that it will be early September, possibly September 1st. The public will be allowed to attend.
Peakway Connector Progress
Great news! The Peakway Connector project has moved it’s projected finish date all the way up to October 2026 - about a year ahead of schedule! I can only assume this was possible because of excellent governance and political leadership, probably.
I’m Really Sorry But The Town Has an Obligation to Enforce the Law
Key Takeaway: The Town is obligated to enforce the law equally on everyone, and the Town Council is actually not involved in deciding when laws are enforced
Some recent reporting about this zoning compliance case was inaccurate. This report was better, but omitted important details.
Zoning enforcement is handled by Town staff through a defined administrative process. The Town Council has taken no votes on this property and has not directed or otherwise been involved in the enforcement action, despite some aggressive misinformation to the contrary
Apex must enforce its laws fairly and consistently, particularly after receiving complaints. The same rules have been enforced elsewhere, including in similar parking cases by AHS
The property owner did not respond to notices or other Town communications throughout the year, so the established enforcement process continued to the courts.
State law defines a rezoning process through which the owner could request permission for this use and allow all sides to be heard. The owner has repeatedly chosen not to pursue it.
The Town has never given the owner permission to operate a commercial parking lot on residential property, and in fact has consistently said otherwise.
The town cannot selectively ignore zoning laws for one property. These are also the laws that give Apex the authority to regulate developments such as data centers and apartment complexes. Fair enforcement, and indeed the US Constitution, requires that these law applies equally to everyone.
Timeline
The elephant in the room: Mayor Gilbert and property owner are longtime friends, and he vouches for her character and intentions. I do not question his sincerity, but simply point out the law still applies.
Anyway. Here’s the full timeline of events, as I understand them from documentation provided to me by staff.
2018: The Town received safety and nuisance complaints. The matter was resolved after the owner said only relatives would be allowed to park there going forward.
2019: Complaints revealed that non-relatives were paying to park. When enforcement resumed, the owner claimed it was actually a noncommercial operation offering free parking. “Nonprofit parking lots” were not defined in the UDO. Disproving this clearly false claim in court could have required student testimony about payments. Instead, the Town amended the ordinance in 2020 to clarify and define that “nonprofit” parking lots required the same standards as commercial lots.
2020–2023: Enforcement resumed after more complaints, but the property came into compliance when school parking ceased during the pandemic.
2024-2025: Complaints from students, teachers, and parents followed a substantial increase in spaces sold. Cars were packed so tightly that most could not leave independently, including one case involving an ill student. Staff explained the violations, offered help seeking legal approval, and warned that operations must stop. The owner nevertheless sold more spaces.
Early Fall 2025: Mayor Gilbert proposes a UDO amendment which would essentially spot zone this particular property to exempt them from this type of zoning enforcement. The Council declined to proceed, encouraged the property owner to instead apply for a rezoning, and again asserted elected officials have no role getting involved in enforcement actions.
Fall 2025: Rather than comply with the law, at the last moment Mayor Gilbert and owner claimed the property was a “PVA” and was no longer legally a residential property. The Town then investigated but ultimately found no legal basis for that extraordinary claim (NCDOT agreed). The owner never provided one. Enforcement eventually began again.
Spring 2026: The Town sent nearly a dozen warnings, violation notices, and fines. Staff again explained that the parking operation could not continue and again identified the process for seeking approval. No response was ever received. The owner continued selling spaces. The lot continued to be oversold, blocking in some students.
August 2026: Having exhausted the normal enforcement process, Apex finally sought a court injunction ordering the property to comply with the zoning ordinance.
That brings us to today.
Downtown Progress
Although it’s old news by the time you guys read this newsletter, over the summer we completed the east side of Salem Street and have switched over to working on the west side. The current projected completion date is still December/January. I understand some mild surprises have been found underground on the west side as well (some utility lines weren’t where they were expected) but we’re working through it.
On other Downtown news, at the Tuesday work session Council heard an update which confirmed that the Christmas Parade will proceed along the usual route this year. The plan is to assume one side of the street will be closed and act accordingly; larger floats/etc might need to exit the parade a bit early. Around October we believe we’ll have a good idea as to where the street will be, and if we can pivot back to a “normal” parade with Salem fully open, all the better. Thank you to Rotary Club and Apex staff for working through all the details (including insurance, etc)!
Triangle Environmental Symposium
The Triangle Environmental Symposium, put on by our friends at Trees for the Triangle, is being held this year in Apex! I’ll be moderating a panel titled “Rooted in Justice: Growing Health Communities” on August 27th, 7pm at the Halle. You can get tickets here
Quick Mentions
Utility billing updates include a 1% late fee and a temporary $1,000 disconnection threshold for balances more than 90 days overdue.
Electric meter replacement crews are working in numerous communities, including Beaver Creek Apartments, Bradley Farm, Crestmont, Villages of Apex, and White Oak Creek.
Recycling cart replacements are complete in Village at Crockett’s and Waterford Green, underway or scheduled in Buckingham and several other neighborhoods, with revised timing posted for Cameron Park and Charleston Village.
Street maintenance includes mid-August crack sealing, mid-September microsurfacing, and continuing concrete and resurfacing work in Green at Scotts Mill.
South Mason Street sidewalk construction is underway, while design work continues for Tunstall Avenue and Center Street and bids are opening for downtown school and transit connections.
The Apex Peakway North widening project has completed its approved traffic forecast and moved into traffic-capacity analysis.
Justice Heights Extension crews are installing a stream-crossing culvert and headwalls.
The downtown GoApex Route 1 detour will remain in effect through December 2026.
Apex has joined a regional tree-canopy group, Plant the Peak applications are expected to open soon, and environmental events include invasive-plant workdays and the Triangle Environmental Symposium series.
Businesses can register by August 24 for the August 26 Small Biz Strategy Session at the Halle.
Apex Police investigated a fatal incident at a Humie Olive Road construction site that officials initially described as an apparent accident; ABC11 reported that the investigation was ongoing.
Calendar
On The Steps with Laila Biali, August 21st 7:30pm-9:00pm, The Halle Cultural Arts Center
Ask Me Anything (with Town Manager Randy Vosburg), August 22nd 10:00am-12:00pm
The Local Spot Passport, August 22nd 11:00am-10:00pm, Downtown Apex, 220 N Salem Street, Apex, NC, 27502, United States
August Crafternoon at Bottle Theory: Lil’ Terrarium Workshop with Bear Hands, August 22nd 3:00pm-5:00pm, Bottle Theory, 3675 W Green Level Rd, Apex, NC, 27523, United States
“Zootopia 2” Movie [Rhythm & Reels], August 22nd 7:30pm-9:30pm, Nature Park Amphitheatre
Regular Town Council Meeting , August 25th 6:00pm-11:59pm, Town Hall
Creek Critter Discovery with Haw River Assembly, August 26th 6:00pm-7:00pm, Apex Nature Park
Parks and Recreation Advisory Board (PRAB) Monthly Meeting , August 26th 6:00pm-11:59pm
CommUniversity: Back to School Community & Conversation, August 27th 6:00pm-8:00pm
Town Council meeting next Tuesday. Make sure you subscribe the Council Connector and check back here for more updates.
-terry
The lawsuit with Ms Scott seems like a distraction from the issue of parking shortage. I’d rather see public funds spent to solve the problem.
I’ve lived in Apex for 20 years. And tonight I want to add my voice to the chorus pushing back against ALPRs, Flock, and police drones.
There’s a reason people all over this country are fighting back against these cameras right now. In Michigan, West Virginia, and New York, residents have, out of desperation, cut the cameras down. In California, a driver rammed his truck into three of them in a row. And in Florida, there is a retired man who has spent days sitting in a lawn chair, holding up a piece of cardboard, just to block the camera's lens. These people are frustrated and worried about being tracked, and sadly these people felt the need to take matters into their own hands. No one wants that. I don’t want that.
And it’s not only individuals. City governments are cancelling their Flock contracts — in Colorado, Oregon, Wisconsin, Tennessee, Washington state, and more. Some of the biggest cities in the country — Los Angeles, Austin, Seattle, Flagstaff — have walked away. And close to home, Hillsborough and Pittsboro have done the same.
Why? Because the misuse keeps happening. There are not enough controls in place. In Arizona an officer used Flock to track his own wife. In Mooresville an officer was arrested for using Flock to follow an ex-spouse. And in Georgia, six police employees were fired for searching the system to look up family members and acquaintances who had nothing to do with any investigation.
Six people. Fired. In one department. And I want to be clear: every example I just gave you happened in the past week. Not the past year — the past week.
So here’s where I land. I trust our Apex Police. I trust our Chief. I trust them with my life. They were trained and doing this job long before any of this unchecked and unwanted technology existed. And I know they are capable enough to keep us safe without a camera on every corner or more drones in the sky.
We are Apex — the Peak of Good Living. We are not Apex — the Peak of Surveillance. No more cameras. No Flock. No Axon. And absolutely No drones.
Thank you.