Notes, Data, & Activities (NDA)

👋 Good Morning, Apex! Today is Thursday, January 22, 2026 and this is the 55th consecutive weekly issue of The Peak Weekly.

I actually need to discuss three very important and serious topics, all related to statements made in last week’s email. This is a bit long, but it is important. Please take a moment to read, and then we will get into the fun stuff.

I Made A Big Mistake
Last week I was rambling on about businesses to support downtown during the Salem Streetscape Project and I made a big mistake. I said Duck Donuts was coming to downtown 🤦‍♂️ 

Correction: Groovy Duck Bakery is coming to downtown Apex! Sorry :)

The NDA Clarification
In last week’s email, I reported that Town Manager Randy Vosburg had signed an NDA "with the data center developer, Natelli Investments." The Town Attorney disputed this specific phrasing and you likely saw a statement on their Facebook stating, “It is important to note that no member of the Town's staff has signed a nondisclosure agreement (NDA) nor any other form of agreement with the proposed data center developer.”

To be clear: Mayor Gilbert publicly stated that Manager Vosburg has an NDA related to the proposed data center. He stands by that statement and the Town Attorney has not disputed the existence of an NDA - only the counterparty.

My inclusion of "with the data center developer, Natelli Investments" was a logical inference based on the Mayor's statement during a discussion about the Natelli project. I have since withdrawn that specific phrase on the original post, while continuing to investigate who the NDA is actually with - a question the Town has refused to answer.

It could be the end-user or maybe Duke Energy, or some other party involved. I just need to sort that out so that I can complete a full correction. Can you guys do me a favor and email Randy (the guy who has the NDA and the answer to all of our questions) at [email protected] and just ask him “who is the other party or parties that you have signed an NDA with in the past year?” I think my emails to him must be going to spam because he never responds to me. But if you all can email him and let me know what he says, I can finish this correction in full and finally put an end to this question that the community has been asking for. Thank you!

The Data Breach
On January 15th, I discovered that a web application created by Mayor Pro Tem Terry Mahaffey - used to collect resident feedback on Town capital projects - had exposed the personal information of some Apex residents who participated in the survey. Names, email addresses, approximate locations, and political opinions on local projects were accessible to anyone with basic technical knowledge through unsecured API endpoints and a public GitHub repository.

I reported this to the Town Attorney and Town Manager immediately. I also notified residents briefly in my newsletter so anyone affected could take appropriate precautions.

What Happened Next
Rather than acknowledge the data breach, Mayor Pro Tem Mahaffey took to Facebook. And he said this:

To be perfectly clear, I have no affiliation with the Wake County Republican Party. I have no affiliation with any political party or organization. I am a resident of Apex who runs a small local newsletter who was reporting on a non-political matter in the interest of the residents in Apex.

What the Town’s Own Records Show
I submitted a public records request for the investigation Mayor Pro Tem Mahaffey cited - the one he claimed proved my reporting was a political stunt.

The Town's response, received January 21, 2026, states:

“No investigation into the political motivations of the requestor or the Wake County Republican Party has been conducted by the Town.”

Let that sink in.

The accusation that has been spreading across social media - that I am a "political actor" executing a "stunt by the Wake GOP" - was never investigated.

My public record request also asked for any invoices, scope of work, engagement letters, investigation parameters, contracts, agreements, proposals, or bids in relation to this alleged $15,000 investigation.

The Town's response:

“The Town of Apex has no responsive records to these components of the request.”

There is no finding. There is no evidence. There is no report concluding anything about my motivations or affiliations.

He made it all up to protect himself at my expense.

If you don’t believe me, file a public record request here. Reference my case PUPR-2026-042 or start your own.

To put it into a little bit more of a perspective… I’ve been called many things this past week as a result of Mayor Pro Tem Mahaffey’s bold face disgusting lie. But, “grifter” was maybe the most surprising.

55 consecutive weekly emails. 100% free. Zero ads. Sure, there’s a “buy me a coffee” link in the footer where very generous people sometimes donate to help offset some costs or to help me and my daughter invest in a little free food pantry. But even with those donations, this newsletter costs me money and significant time every week. But sure, I’m the enemy. Not the guy in the position of power with significant influence who just bold faced lied to put a dangerous, untrue, political target on my head and a full staff of attorneys and government employees who will blindly defend him to secure their own image.

I’m going to keep going though. I’ll be back for issue #56 next week. If you don’t like it, you’re not required to be here.

A Note on the Town Attorney
Some of you may have seen screenshots circulating of the Town Attorney's letter defending the Town's position that this wasn’t a breach. I want to be clear about something: the Town Attorney's job is to protect the Town - not individual officials, not you, not me, and not the truth. The North Carolina State Bar's own ethics guidance states that a town attorney 'owes allegiance to the town’. When she walks into work every day at Town Hall, she has one job: protect the government entity. And she’s pretty good at it. A few slip ups and incorrect legal code references, but she’s trying.

When I responded to her letter with 16 specific questions - including questions about the investigation, the $15,000 alleged expenditure, and whether the Town stood behind Mayor Pro Tem Mahaffey's accusations - she did not answer a single one.

I am not sharing this to attack her. I am sharing it so you understand that the letters being circulated as "proof" of the Town's position are advocacy, not fact-finding. The facts, as confirmed by the Town's own public records response, tell a different story.

A Note on Other Town Officials
Over the course of the past few days, I also reached out individually to each of the other Council Members: Sue Mu, Shane Reese, Arno Zegerman, Ed Gray.

I presented them with my side of the story (the facts) and appealed to all four of them to speak up and help provide some relief to me on the harassment that I’ve been receiving. Each and every one of them ignored me and remained silent while I had a made up, inaccurate, potentially dangerous political target put on my back by their colleague.

Moving on: Thank you for listening. I have also reported these matters to the appropriate state authorities (along with a bunch of other stuff I can explain more about later, or you can just learn about it in the news here in a few days) and will provide updates if and when I receive them.

I’m sorry to those of you who are here just looking for fun things to do this weekend and just want the focus to remain there.

I do too. But just to reiterate, instead of taking responsibility, Mayor Pro Tem Mahaffey made up a story that I am a political actor spreading misinformation with the Wake GOP.

Then, he told people to spread the message.

And the scariest part - they did.

I have to address it. And I’ll have a bit more to address soon too. But then we’ll get back to the fun and positivity that this was always supposed to be.

In the meantime, I will continue to report on Apex the same way I always have - independently, factually, and without allegiance to any party or politician.

Miscellaneous Info:

📜 Breach of Peace
On February 1, kicking off 2026 Black History Month, Mike Wiley’s performance of Breach of Peace will take place at 1pm at the Halle Cultural Arts Center. It is a play performed by Mike Wiley and is based on true accounts of surviving participants of the Freedom Rides as well as many other individuals involved in the early struggle for African-American equality. This event is free to attend but does require registration.

👮 (Today) CommUniversity Community Safety Workshop
Participants will learn how the Town’s Police and Fire Departments work collaboratively to prevent crime, respond to emergencies, and support community safety. The Workshop will take place a week from today at 6pm. Register here.

☮️ Walk for Peace
The Monks Walk for Peace is headed to Apex. According to their live map, they’ll be in Raleigh in ~2 days. So… passing through Apex in the next day or two?! Sounds like the Mayor may have an update for us with more specifics soon.

🍝 Restaurant Week
Apex Restaurant Week is about a month away (Feb 23 - March 1). A list of participating restaurants and menus is coming soon. In the meantime, Apex Restaurants interested in participating can register here.

📈 Utilities Time-of-Use Rate Changes
Next Week’s Town Council Meeting (January 27) will include a public hearing for Electric Utilities Department Time-of-Use (TOU) rate changes. The Town says, “the proposed changes are necessary as the Town works to re-open the Time of Use (TOU) rate program.” Public Hearing Notice

📨 Open Letter to Congressional Candidates
The Protect Wake County Coalition has shared an Open Letter to NC-04 Congressional Candidates and are asking for your signature. Read and sign here.

🗿 Call for Artists
Sculpture artists are invited to participate in the Town of Apex’s 6^th annual outdoor sculpture show known as the Apex Sculpture Walk, scheduled for April 2026 through March 2027. This exhibition offers established and emerging professional artists the opportunity to display their sculptures throughout the heart of beautiful downtown Apex, North Carolina. Apply here.

❄️ Winter Weather
This weekend, we will get somewhere between 0 and 100 miles of snow. Stay informed with Ready Wake Alerts, and report power outages if needed, and check road conditions here.

🐶 🐈️ Wake County Approves New Animal Center Design
Shout out to Cheryl Stallings and the Wake County Board of Commissioners for approving the schematic design for a new Wake County Animal Center. The facility will be designed to increase capacity for dogs and cats by over 50%. Some dog kennels will include outdoor runs to help reduce stress, particularly for animals staying at the shelter for longer periods. The site design also includes fenced outdoor yards for dog exercise and socialization, as well as a dedicated walking path to provide a safe and comfortable environment for volunteers and staff to walk the dogs. Construction is anticipated to begin in spring 2027.

🤣 Bad Momz of Comedy
After selling out two back-to-back shows last year, nationally-touring Bad Momz of Comedy brings us two nights of laughs, camaraderie, and a well-deserved parenting break. January 28 & 29. Get your tickets here.

🤔 Today’s Data Center Presentation: Sound Familiar?

Today at 3:30 PM, Town Council and the Planning Board will hold a joint work session at Town Hall to review 163 pages of staff research on data centers. While framed as "general education," the report follows a notable pattern I’ve been tracking.

The Stafford Connection
To understand the context, we can look at the track record of Town Manager Randy Vosburg, who may be more versed in data centers than you realize. In February 2024, as County Administrator for Stafford County, VA, Mr. Vosburg proposed the county’s first-ever $1 billion budget - a plan heavily supported by projected data center tax revenue. Two days later, he announced his resignation to move to Apex.

In Stafford, a specific regulatory pattern emerged: the county eventually adopted much stricter data center rules (like 750-foot setbacks), but the timing allowed major projects to be "grandfathered" under older, lenient standards because their applications were already in the system.

The Apex Strategy: Research or Recommendation?
Despite being presented as an educational workshop, today’s staff report explicitly recommends that the Town "finalize amendments" to the Unified Development Ordinance (UDO) to create formal data center definitions and standards.

Connecting the dots reveals several parallels to Mr. Vosburg’s Stafford framework:

• Normalizing the Hazards: The report acknowledges risks like million-gallon diesel storage and battery "thermal runaway" but frames them as manageable, noting these hazards already exist in Apex due to the local nuclear plant and fuel terminals.
  

• The Revenue vs. Jobs Equation: Staff notes these facilities create very few permanent jobs (roughly 50 per building) but offer a massive tax revenue spike with almost zero added traffic.
  

• The "By-Right" Path: The report suggests creating new UDO standards. While this sounds like a crackdown, it can actually create a "by-right" path. If a developer checks every box on the new list, the Council often loses the legal power to say "no" based on public outcry.

The "Permit Choice" Reality 
The most critical thing to watch for today is the timing. Under North Carolina law (NCGS 160D-108), if a developer files an application before a new rule is passed, they have the legal right to choose which version of the rule applies to them.

Because the New Hill developer filed their applications in September 2025, they are likely legally shielded from any "tough" new rules Apex discusses today. In effect, proposing these new UDO amendments now may appear to be a crackdown, but it likely functions as a green light for the current project to proceed under the old rules while the door is closed behind them.

That’s my guess as to why there isn’t a third party expert presenting today, which would be standard practice; it’s Randy’s team executing his data center playbook.

I am sharing these patterns not to be "hard" on the Town, nor from a for-or-against position, but to ensure we are all looking at the same map as these important decisions are made.

Things to Do This Week in Apex:

Today, January 22

🚨 CommUniversity: Community Safety
6pm - 8pm | Senior Center

🔠 Music Bingo
8pm - 10pm | Backyard Bar

Saturday, January 24

🏍️ Bikes & Coffee
8am - 11am | Fratelli’s Deli

🧑‍🌾 Apex Farmers Market
9am - 12pm | The Depot

✂️ Crafter-noon!
3pm - 5pm | Bottle Theory

🎤 Karaoke
9pm | Rudy’s Pub

Sunday, January 25

🎸 Classical Concert Series
3pm - 4:30pm | The Halle

Local Business Updates

° Degree Wellness
Coming very soon, Degree Wellness, a female-founded wellness and recovery business, offers a premier self-care experience. Located in Sweetwater Town Center at 2700 Stokesdale Ave., it’s the perfect way to keep those New Year’s self-care/self-improvement resolutions.

We spoke to them - get the details here!

🍣 Now Open: Taki Sushi Bar & Grill
Located in Sweetwater, Taki Sushi is now open. They open every day at 4:30pm (except Tuesday when they are closed). See what’s on the menu here.

🍩 Opening Soon: Peace, Love and Little Donuts 
PLLD is set to open on Monday, January 26. They didn’t invent the donut, but they did make it groovy…

🥃 Next Up at Sweetwater
Aqua Vitae and Degree Wellness look like they will likely be the next to open and look very close. Foxtail Coffee and Burney’s Sweets & More are on pace for March.

🛍️ Downtown Will Remain Open
Just a quick reminder… Downtown will become a bit inconvenient during the Salem Streetscape project. But these business just dealt with the parking lot overhaul and now have to deal with this. Both good projects - but can definitely deter us from visiting due to the inconvenience. But we have Groovy Duck Bakery opening soon, one of my favorite shops, North Left Mercantile, new businesses like Lichen or Knot and The Spice & Tea Exchange… and so many more amazing local businesses and we gotta fight through it and keep supporting them!

Misc. Civil News:

💰️ Budget Public Hearing
The first public hearing for the 2026-27 fiscal year budget will be Tuesday, January 27 during the regular Town Council meeting. The annual operating budget outlines how the town collects revenue and spends funds based on the priorities of the Town Council, the community, and staff.

You can also share your thoughts on budget priorities anytime by emailing [email protected]. Messages sent there are reviewed by budget staff and the full Town Council.

🌳 Downtown Salem Streetscape
I am not sure exactly when this project starts, but it will be soon. Town documentation has been saying January but the latest message now says February.

🗓️ Upcoming Town Meetings

Thursday, January 22
CommUniversity: Community Safety
6pm - 8pm | Apex Senior Center

Thursday, January 22
Town Council + Planning Board Work Session
Discussion: Staff Research on Data Centers
3:30pm - 5pm | Town Hall

Friday, January 23
Special Meeting: Environmental Advisory Board
topic: tree canopy policy recommendations
3pm - 4pm | Mason Street Municipal Building

Monday, January 26
Culture and Arts Advisory Board
6pm | Town Hall

Tuesday, January 27
Town Council Meeting
6pm | Town Hall

Wednesday, January 28
Parks and Rec Advisory
6pm | Town Hall

Thursday, January 29
Town Council Work Session
3:30 - 5pm | Town Hall

A Final Note:

Thank you for taking time out of your day today to read this week’s edition of The Peak Weekly.

As always, if you have any ideas of how to make this newsletter better, want to nominate a local business or organization to be featured, or anything else, please respond to this email or email me directly at [email protected]

See you next Thursday... 😘