City Council - Regular Meeting

I might be on Monday, I'm not sure. Everybody . What is this here you're looking at? I'm going to have to close that. This is for Dave.

No, I mean, I'll do it, and then when he's time, you're going first?

Yeah, very first. Hello, Mark. Yeah.

Yeah.

Yes. Yes. No. All three of them have signed. They're all done. What do you guys have? Yeah, that's good. Last night was an hour and a half-ish? The mayor saw me. Okay, good. We have a year to go. Hello?

There. Erica. He always has a pen. Okay.

Oh, you have a problem?

Yeah, he's got one. I think I took it from your seat.

We own sanity. Still, I've got some family members like that. Come on. Can you get that to me? Yeah, it's right there. Thank you. So here's the microphone.

It's a different lifestyle. Hello, my dad.

Please rise for the invocation followed by the pledge of the flag.

Heavenly Father, you're a true king of peace. If you alone and you alone found freedom, please free our world from war and let glorious peace reign in every heart. And please protect the new officers that we swear in tonight. Amen. 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. Roll call, Madam Clerk.

Mr. Brown.

Here.

Ms. Zonda-Dennis. Here. Mr. Pinnabone.

Here.

Mrs. Rose. Here. Mr. Graziano.

Here.

Mrs. Hartrath-Bittinger. Here. Mayor Panto. Here.

We'll have the roll call approval of the agenda.

Mayor, I have one motion. I apologize. Thank you. I've got to find it. NEW BUSINESS LETTER A. NEW BUSINESS LETTER A. MAYOR, WE'RE GOING TO TABLE THAT. LEWIS IS GETTING MORE INFORMATION. WE'LL BRING IT BACK TO THE NEXT MEETING.

THAT DEALS WITH THE CROSSING GUARDS FOR THE SCHOOL DISTRICT AT THE VARIOUS INTERSECTIONS.

DID YOU WANT TO AMEND THE AGENDA?

WE JUST DID.

ADDING THE PRESENTATION?

I DON'T NEED TO DO THAT. So we just need a second on the, uh, move the second Pinnabon Graziano.

Okay. Mr. Brown.

Aye.

Ms. Zondo-Dennis. Aye. Mr. Pinnabon. Aye. Mrs. Rose. Aye. Mr. Graziano.

Aye.

Mrs. Hartroff-Bittinger.

Aye. Mayor Panto. Aye. Karen. Okay, we'll move on to action on our minutes of our August 12th meeting. Any additions, deletions, or corrections? Moved and approved. Roll call, please.

Yes. One second. Ms. Sando-Dennis? Aye. Mr. Pinnabone? Aye. Mrs. Rose? Aye. Mr. Graziano? Aye. Mrs. Hartroff-Binninger?

Aye.

Mayor Panto? Aye. Mr. Brown?

Aye. At this time we're going to have the swearing in of police officers and promotion. Mr. Chief.

Good evening everybody. Uh, tonight we are here to welcome our newest members of the Eastern Police Department as they take their first step into a life of service. If I could have Brandon Hamoki and Biagio Calandrio please step forward for me. Each of you have chosen a past path defined by courage, responsibility and unwavering commitment. You have earned your place among the ranks of this department, and you should be immensely proud of what you have accomplished to stand here today. The calling of a police officer is unlike any other. It demands adaptability in a world that changes by the day, and it requires a level of selflessness that often goes unseen. Yet those who answer this call do so not for recognition, but out of a deep desire to protect, to serve, and to stand as guardians for the citizens and visitors of this great city. The profession asks for integrity, honor and devotion, not only to your fellow officers, but to every member of the community who places their trust in you. To the family standing behind these officers, I want to extend my heartfelt gratitude. Your support, your sacrifices and your belief in them make this journey possible. You have already given much and you will continue to give in ways that are not always visible. To our new officers, I am grateful for the commitment you have pledged to this department and to the City of Easton. As your chief, I promise to provide you with the training, the equipment, and the support that you need to thrive in this demanding profession. My hope for each of you is a long, fulfilling, and safe career, one marked by growth, service, and pride in the work that you do. Congratulations, and welcome to the Easton Police Department.

Chief. Just for clarification, this is the third Hamoki in our department?

It's that right after this.

Oh, you're getting that? Okay. Jump in the gut.

Obey and enforce the law without consideration of a person's race, color, sex, religious creed, sexual orientation, age, national origin, ancestry, handicap or disability. I do further swear that I do not advocate nor am I knowingly a member of any organization Have a great day.

Okay, before we move on to a promotion that we have this evening, I just want to take a moment to recognize something pretty special about one of our new officers, Brandon Amoki, who's standing right here to my right. He's not just beginning a career in law enforcement. He's continuing a legacy. Brandon stands here today as a third-generation Eastern police officer, following the footsteps of his father, Lieutenant Steve Amoki, who is currently in charge of our patrol division. Standing behind us here. and his grandfather, Steve Homoki Sr., who retired in 2005 after serving 32 years with the department and who are both with us this evening. So Steve Homoki Sr. here as well. Steve and to Steve Sr., your presence tonight speaks volumes. It reflects decades of commitment, sacrifice, and service, service that has shaped not only your careers but your family's identity. The example that you set, the values that you live by, and the pride that you carried in your work have clearly made a lasting impact. Brandon is stepping forward today because of the foundation that the two of you have built. To the Hamoke family, thank you for your service, for your support, and the tradition you continue. It is an honor to welcome Brandon into the Easton Police Department because of you, and we are proud to have all of you here this evening.

So thank you. If I could have Scott Edney, please step forward.

Okay, Scott Edney is being promoted to the rank of sergeant this evening where he will serve as officer in charge of Squad D in our patrol division. Sergeant Edney began his employment with the City of Easton Police Department in 2018, has been a dedicated dependable officer throughout his career. In 2021, Lieutenant Edney became a special response team operator demonstrating advanced tactical proficiency, sound judgment under pressure and a commitment to the specialized training required for high risk operations. Throughout his career, Sergeant Edney has consistently distinguished himself through his professionalism, his reliability and a strong work ethic. His performance has earned the respect of his peers, his supervisors and the community he serves. He has shown leadership in his daily duties, a steady presence during critical incidents and a clear dedication to the Easton Police Department's mission. Sergeant Edney has devoted himself to law enforcement, to the profession, and to the city of Easton, proving himself ready to take on greater responsibility. Therefore, I recommend he be promoted to the rank of sergeant to oversee squad D in the department's patrol division.

that I will uphold, obey and enforce the law without consideration of the person's race, color, sex, religious creed, sexual orientation, age, national origin, ancestry, handicap,

I do not advocate nor am I a newly named member of any organization.

A member of such organization during the period that I'm a sergeant in the Eastern Police Department. Congratulations.

And that concludes our swearing in. If you guys have any comments for the new officers or for the newly promoted sergeant.

I would just like to thank the family that came here tonight. As the chief said, you support and obey and defend your son. Yeah, they're all males tonight. And I appreciate that fact that you've given it up and they're going to miss birthday parties and football games and dance recitals and all those other things. But I really appreciate the fact that you're here supporting them tonight. And it's always a pleasure to see you, Steve. Pleasure to see you. Thanks for coming back. So I welcome you, the two new officers. You join a department that has turned itself around and has made the city a safer place.

Congratulations. Congratulations. Congratulations. Thanks for your service.

We decreased crime 70%. You guys decreased crime 70% since 2008. Okay, we now have Dave Hopkins gonna give us a presentation on the $500,000 grants that we got.

Show us, Dave.

Julie, it's also nice to have you back in Easton.

Yeah. Right. A little bit of all set. Great job, Lewis. Lewis. I was going to mention, but I didn't. You told me you were the reason for coming.

Just so you know.

Oh, my God.

Who's this guy?

I know.

Excuse me.

I swear.

Yeah, Carl's Law is the second generation. That's Stephen Wilkie.

All right, thanks, man.

First day I took office in 1984. As I'm walking through the city hall, connected to city council. Good to see you. And he's on the other side. He says, why don't you come with me?

Hamoke. Hamoke. Was this your son over here, too? The genes are strong, my guy. Yeah, you guys all look the same. Spot you all out.

I just wanted to give council a brief update on two projects we have going on on Bushkill Drive.

This is essentially the infrastructure that we're trying to build around that project to support it from from a pedestrian recreational standpoint. we're just looking at an aerial here to the bottom left, that would be where the approach and the bridge from the arch trail lead over the creek. and connect to the iron and metal property. This project is underway as we speak, being funded through grants. We ran into a couple of issues with the foundations. We're working through it, but we're still hoping for an October set of the new bridge, which is fabricated and waiting in Minnesota to be transported to Easton. And so we're working towards that. The blue part is the section that will probably have to wait for construction of whatever development goes there. You know, that's part of the NPDES permit and other things. And then the red part to the right going down Bushkill Drive to the east and then crossing is the construction contract that is on the agenda for approval tonight. And I understand that if approved they are they are going to be ready to go pretty quickly. And so we're hoping that this gets done. Ideally, in a perfect world, we would have sort of constructed all of these projects together, but delays in development and the timing of the grant money just did not work out for that. So we're probably going to have a bridge to nowhere for a while and a trail to sort of nowhere for a while, but we'll work through it. This is a picture that we took today. What you're looking at are the piles that were driven for the for the north foundation right on Bushkill Drive. And when they're done with this, they'll work their way over to the other side of the creek to lay the foundation for that side of the bridge. With the help of AI, this is probably what the bridge will look like. It'll be sort of a sister bridge to the current existing pedestrian bridge that goes over to the silk mill. For the trail part, this is a view looking west. This is the Dieter Brothers property where the path will come through along Bushkill Drive. And then that's looking east down Bushkill Drive where the path will continue down there toward the dealership. And then this is the... The proposed crosswalk with rectangular rapid flashing beacons at the crossing place, we would love to be able to go through and connect on the same side of the road to the car dealership. Unfortunately, there's no public right-of-way there. So essentially, if you look at the white lines, we're going to have to cross Bushkill Drive, cross Dietrich Road, and then cross back over Bushkill Drive, which is the existing condition right now. And that's my update. Does anyone have any questions? Thank you. So hopefully we get everything done this year.

I have a question or comment. Am I here?

Oh, I'm sorry.

You described to me the complicated process of putting the bridge in where utilities have to be taken out like a utility pole. Is that right?

That's been done.

And the bridge has to swing around into place?

Yeah, so we had to do a lot of brush clearing. It's a pretty long span. It's about 165 feet. It's shipping in three pieces, and eventually when it gets here, they'll lay it along the side of Bushkill Drive. They'll splice the structure together, and then they'll pick it and set it, which we're hoping. I think the arch trail would like to have some type of gathering or ceremony when that's done. It's a pretty interesting process when we did it for the silk mill. But yeah, MedEd had to do a ton of relocation work. So they moved all the poles from the bridge side to the north side. And as soon as the bridge is set, they'll move all those poles and wires back to the other side.

And I see they finally opened up the dog park.

They did. They did.

Arnie?

We can't go through the car dealership. There is, but it's just not ours. It's theirs. We've talked. I don't think it's impossible or never going to happen. It's just probably not immediate right now. They use that space pretty heavily. In the future, if the business changes or the property transacts, that would be a good time to talk to them.

You're welcome. Dave, are you leaving or are you staying for the meeting? I was going to leave. I just have one question. Sure. Just regarding C, we're voting tonight to replace the roof at Collins Hill Fire Station. Yep. Assuming that passes tonight, could that be done this year?

Oh, yeah.

It will be, all right. Yeah, that's the goal. All right, thank you. You're welcome.

Thanks, Dave. I appreciate you putting together the presentation last minute. Yes.

Thank you.

Later on in the agenda, we'll vote to either approve or disapprove a grant that we got for that work, $560,000. $560,000 is a lot of money. It's not coming out of the taxpayers or me. It's coming out of the state budget, so we're really appreciative of that. At this time, we have public comment on non-agenda items. Agenda items. Anything that's on the agenda that you want to talk about? Now is your time. I see none, so we'll move on. You have to come up to the microphone because we're live streamed. Name and address, please.

Please. Do I have to?

Yes. I'm Anthony, 159 West Nascahone. I caught wind of you guys not talking about closing permanently the post office.

Let me just explain that. Last week I was at a press conference with Congressman McKenzie, and I asked his staff about our post office, and she was supposed to get back to me, and she hasn't gotten back to me yet.

The post office is under the federal government, not us.

I'm just I've just heard so we we don't we want it opened And I talked to congressman Mackenzie staff about that cool That's why I'm here because I heard something about it being torn down again We wouldn't tear that building down anyway, we have developers that are anxious for it to go on the market Right. Oh, yeah, I'm sure can't even fill the apartments now yet, so there's no reason.

No, all apartments are filled. Of all the ones that aren't even done yet?

I don't know about that one. Which ones aren't done yet? Artie?

Artie, can you come to the podium, please?

Let's go for the good. Let's go for the good.

You're talking about parking space on Second Street. We can't put it there because the state doesn't allow anything 30 feet.

Mayor, I spoke to someone from the Lehigh Valley Post Office, and he assured me that they're going to redevelop this, take away the cancer-producing materials in there, and redo it. That's what I was told now. It's hearsay from a postal guy, but that's the only thing I can say. Appreciate it, Artie. Thank you.

Thank you. You have more information than Congressman McKenzie gave me. Any other comment? Seeing none, we'll move on in the agenda to the consent agenda. Madam Clerk.

Mayor, we have the following addresses. Resolutions for certificates of appropriateness for 359-49 Ferry Street, 109 North 2nd Street, 125 Spring Garden Street, 140 North Hampton Street, 121-27 North Hampton Street, 501-03 North Hampton Street, 30 South 5th Street, and 435 North Hampton Street.

Any questions or anything on the certificates of appropriateness that were recommended by the Historic District Commission? Seeing none, I'll entertain a motion for approval.

Motion to consent.

Motion to consent. Second. And seconded by Graziano. All in favor, roll call, please.

Mr. Pinnabon?

Aye. Mrs. Rose? Aye.

Mr. Graziano? Aye. Mrs. Hartrath-Bittinger? Aye. Mayor Panto?

Aye.

Mr. Brown? Aye. Ms. Zondo-Dennis? Aye. Thank you.

We have reports received by council. Handicap application update.

That was handed out to everyone. And we spoke about it last night.

And last night we talked about it. Is there any questions?

No, ma'am. No.

Okay. Reports of committees. Finance Committee. Council Member Brown. Thank you, Mayor. We did meet last night in committee, and our director, Nikki, went over the trend series with us, so I have no more to add to that, and as council does, and see no one.

Under the Finance Committee, I was really disturbed by the article that was in one of the local newspapers that said we our financial problems were due to people not moving in the east and which is not true the buildings the marquee and the commons are full and the linden already has 50 of the condominiums sold at 400 000 plus um it's because of our health care Our health care, we're experiencing about a $2 million overage this year because of health care. If you've been to the hospital or doctors, $300,000, $3 million. Thanks. You just added $1 million to my sleep deprivation.

Absolutely.

If you've been to the hospital or to the doctor lately, you know that the prices have gone up sky high. So I just wanna say that it's, unfortunately we will, or fortunately we take care of our employees and their healthcare and it's because we have several that are in, we're self-insured up to what, $200,000? 250. Anything between 250 and above, we have to take care of. So we have a couple people that are very sick, and unfortunately, it all occurred this year. So we wish them well, and we hope they get better, but it's costing us a lot of money right now.

Mayor, I'd just like to add to my report also.

Go ahead.

On unfinished business, I will be recusing myself from Bill 22 and also under new business, the resolution coming forth for the Northampton County's garage.

14F. 14F. Mm-hmm. OK. Thank you, Ms. Mayor.

Go ahead, Julie. Well, there was some interesting data that you brought up, Councilman Pinnibone, about the EIT. So I don't want to misrepresent it, but I believe it's up 47% over last year. Is that correct, Louis?

No, we were, sorry, we were at about 48% year to date, and we were up probably about 5% year over year.

Right. We projected 7.9%. We're up about 5% from last year, so we're 2.9 short, but we have until January. So the article is just misleading and just not accurate.

I just want to bring that point up. Mayor, sorry.

I'll pass to Mr. Wilson-Nickey. I apologize. Thank you all. There were a couple of questions that came up yesterday regarding the resolution for the... tax and revenue anticipation note. First one was there was an error in the calculation, basically the monies, the funds that were available to us. That was corrected, so we do have that. And then also we did get an update from our bond council regarding the resolution. And so I would pass that along to our solicitor, if you wouldn't mind.

So I reviewed the opinion we received from our bond counsel. I also took it upon myself to do some basic research on the issue. And the Home Rule Charter does clearly indicate that the plain language of the Home Rule Charter indicates that anything to borrow or lend money requires an ordinance rather than a resolution. However, a Home Rule Charter cannot overrule state law. State law, specifically with regard to this type of bond, allows authorization by resolution. So since the state law does allow this sort of bond to be authorized by resolution, even though it does seem to conflict with the plain language of our Home Rule Charter because it is state law, this TRAN can be authorized by resolution, even though it does involve borrowing or lending of money. Thank you. And I can provide a copy. I prepared a memo that I can send to you. For sure.

Yeah. I just wanted a clarity on that.

Absolutely. It is a very clear issue and I appreciate bringing it to your attention. For sure.

Mr. Pinnabone, Economic Development Committee.

Thank you, Mayor. I only have two items. Last week, our new city planner, our director of DCED, our director of codes, myself, Councilwoman Rose, met with VM development regarding the Easton Iron and Metal and the foundry site. We provided them with a lot of feedback based on their most recent drawing of that property and plans for that property. We gave them feedback from council as well as feedback from the public. They took that feedback and they are going to rework their design and take in a lot of that feedback. So once they're finished, they said September, October, they will come back and present the council with show us what they've come up with, how they got from 2020 to here, and then we'll go from there. Secondly, I attended the LVPC's event today on sustainable housing in the Lehigh Valley. There were a lot of representatives from Lehigh, Northampton County. The Deputy Secretary of Housing was there from Harrisburg, and there's a lot of good plans and partnerships coming up through all municipalities to not only provide housing of all different levels, but good housing, quality development, not just slapping together. So it was a good event. Mayor, that's all I have.

Public Safety Committee, Mr. Graziano.

Thank you, Mayor. I spoke with both Chief Scalzo and Chief Hennings today and neither had any major updates to report at this time. I will be introducing Bill 27 tonight, which updates the parking ticket appeals process and creates a new parking ticket appeals board. That's all I have.

Okay, Planning and Code Committee, Crystal Rose.

Thank you, Mayor. Just a quick update. I met yesterday with Samantha McLean, our new Chief Planner and Zoning Officer. We've set up monthly meetings to just check in, especially before council meetings, so that I can give an accurate report to everyone about... What's going on in planning and and zoning? Additionally councilman Pinnabone covered the meeting with VM development. So I'm looking forward to seeing their presentation We do have a planning meeting coming up our monthly planning meeting next Wednesday, September 2nd at at 6 p.m. The full packet, as I mentioned in the last meeting, is now available on the city's website, which I think is a great update so that everyone can see what's being proposed at these meetings. There are two determining blight agenda items, and there is also, I would suggest everyone go out and look at the proposed zoning and saldo updates that are being proposed, and if anyone has any questions to contact Samantha McLean I WOULD ALSO ENCOURAGE THE PUBLIC TO TAKE A LOOK AT THAT AND ATTEND THE MEETING IF YOU HAVE ANY FEEDBACK. ADDITIONALLY, I ATTENDED THE EASTON CHAMBER'S SEVEN-YEAR ANNIVERSARY RIBBON CUTTING FOR SACRED REALM HEALING LAST WEEK ON NORTH FOURTH STREET. I JUST WANTED TO CONGRATULATIONS, SEND MY CONGRATULATIONS TO THE OWNER, JAMIE, AND HER TEAM THERE. SEVEN YEARS IS REALLY A GREAT MILESTONE FOR A SMALL BUSINESS. THAT'S ALL I HAVE.

OKAY. MS. ZONDO-DENIS, THE PUBLIC WORKS COMMITTEE.

Thank you, Mayor. Today I'll be introducing three resolutions just for the public's interest. One is an agreement with Beaver Home Improvement to replace the roof of the College Hill Fire Station. The other is the resolution of an agreement with Wolverine Contractors to construct a new trail that will connect the eastern iron and metal property to the Lafayette sidewalk on the north side of the road and a resolution for developer agreement with the county of Northampton for their proposed parking garage. Essentially that's to ensure that they, it's a developer agreement, it's a standard agreement ensuring that they'll perform public improvements which are estimated to be $1.8 million. Thank you. County money. Thank you, Mr. Graziano.

Public Safety Committee. Susan Harvath-Binninger, your Committee Administration Committee.

No report tonight.

No report? No. Thank you. Okay. Administration is done. Mr. Vargo, City Solicitor.

Thank you. The council met in executive session prior to this evening's meeting. The purpose of that session was to discuss ongoing litigation. I also want to make a report regarding some of the things that have been floating around out there about the warehouse. Based on the ongoing litigation, there's four separate court cases filed related to that warehouse. Project based on the suggestion of the presiding judge who is assigned to all of those cases That the parties attempt to find resolution to the matters which the solution office believes that suggestion warrants respect and careful consideration The office has agreed to participate in non binding mediation with a court-ordered mediator That will provide an opportunity for the developer to present additional information regarding how it intends to address the concerns related to the project and would allow the solicitor's office to better understand what our legal options are moving forward. The solicitor's office has agreed to discuss the situation. Neither the solicitor's office or the city has agreed to any kind of settlement or even committed to any sort of outcome. Any resolution of these cases would be subject to public discussion and debate here at council and would require formal approval by city council. This is a matter for, it's simply a discussion. And that's all I have to say about that. Thank you, Mr. Solicitor. Solicitor, I just have one question I'd like you to clarify on.

The reason this came about is the Solicitor of Wilson, I guess, made a comment that the city was entertaining negotiations. This just happened a couple days ago. And my understanding is you were planning on bringing it tonight, but they pushed the narrative before we had a meeting for you to discuss. Is that correct?

That is good. We had already planned well over, I believe, a week or more ago to have an... Actually, the executive session for tonight had been planned well in advance. The decision to mediate was very rapidly moving, and it did catch us a little off guard, and I apologize that it came out before this evening when I had a chance to discuss it with counsel. Thank you.

Okay, report of the mayor. I just want to remind everybody that Clam Jam is this weekend on Sunday. And I wanted to also let you know that there will be four EV charging stations located in the parking lot next to Mesa. So we're getting them ready. There will be discussion at the next committee meeting of city councils to whether or not we should charge for parking. we'll be charging for the charging, but we've got to determine whether we're charging for parking as well. Um, and chief, could you just go over what you went over our staffing about? We now have 64 sworn officers.

So right now we have 62 sworn officers and the plan would be at the end of this year, uh, to try to get another officer hired for the January Academy, which would put us at 63 and due to a projected and already kind of, um, put forth retirement, that's going to happen next year. We would hire two 64 going into next year. Uh, and that officer, um, provided we can get two off of this remaining list, that officer will be coming out of the Academy. right around the same time that the officer is expected to retire from the department, which would put us back to 63. So as we have, we'll be using that 64th vacancy or 64th patrol slot to fill to ensure that we at least stay at 63 for as long as we can.

OK. Thank you. Thank you, Chief. Thank you for the clarification.

Lewis. Mayor, just one quick update for council. The administration continues to negotiate with the IAFF. We're continuing negotiations this week, actually tomorrow morning. So I just wanted to keep you posted that things continue to move forward. That's all I have, Mayor.

OK. Correspondence, there's no correspondence, so we'll move right on to unfinished business. Madam Clerk.

Bill number 22, an ordinance amending 560-68 for courthouse parking. So moved.

Second. Move and seconded. Any discussion?

I'll be accused.

Just for the public, this is to reduce parking time requirement at the courthouse, around the courthouse, so that while they have a construction of the new courthouse parking garage, it turns over more rapidly than one lawyer who goes there in the morning and stays all day. Michael. Mike doesn't do that.

I see that little car. That's the only problem with the bright blue car. Continue, Madam Clerk.

Mr. Graziano.

Aye.

Mrs. Hartrath-Bittinger.

Aye.

Mayor Panto. Aye. Ms. Zondo-Dennis. Aye. Mr. Pinnabon. Aye. Mrs. Rose. Aye. Bill number 24, an ordinance amending 435-12B, stop work orders.

Moved. Second. Second. Second in discussion.

Roll call. Mrs. Hartroff-Bittinger. Aye. Mayor Panto. Aye. Mr. Brown.

Aye.

Ms. Sonder-Dennis. Aye. Mr. Pinnabone. Aye. Mrs. Rose. Aye. Mr. Graziano.

Aye.

Bill number 25, an ordinance amending sections of Chapter 515, refilling excavations. So moved. Second.

Moved and seconded. Any other discussion? Roll call, please.

Mayor Panto. Aye. Mr. Brown?

Aye.

Ms. Sondra Dennis? Aye. Mr. Pinnabone?

Aye.

Mrs. Rose? Aye. Mr. Graziano?

Aye.

Mrs. Hartrath-Bittinger?

Aye.

Bill number 26, an ordinance amending sections of Chapter 560, parking in prohibited areas.

So moved. Second. Moved and seconded. Discussion? Roll call.

Mayor Panto? Aye. Mr. Brown?

Aye.

Mrs. Hartrath-Bittinger? Aye. Mr. Pinnabone? Aye. Mrs. Rose? Aye. Mr. Graziano?

Aye.

Karen, you forgot me.

I did, sorry. Aye. Thank you. We have a resolution. No, that's been tabled. A resolution authorizing Easton DCED to apply for Main Street Matters Grant.

So moved.

Second.

Who's in second discussion?

Roll call. Mr. Brown.

Aye.

Ms. Zondo-Dennis. Aye. Mr. Pinnabone. Aye. Mrs. Rose. Aye. Mr. Graziano. Aye. Mrs. Hartroff-Bittinger. Aye. Mayor Panto. Aye. A resolution authorizing Easton DCED to apply for a municipal assistance program award.

So moved. Second. Second. Move to second discussion. Roll call.

Ms. Sando-Dennis. Aye. Mr. Pinnabone.

Aye.

Mrs. Rose? Aye. Mr. Graziano?

Aye.

Mrs. Hartrath-Bittinger? Aye. Mayor Panto? Aye. Mr. Brown? Aye. A resolution to authorize and direct issuance of tax and revenue anticipation note series 2026.

Move to approve. Second.

Move to second. Mark, do you have any comments? All right. Roll call.

Mr. Pinnabone. Aye. Mrs. Rose. Aye. Mr. Graziano. Aye. Mrs. Hartroff-Bittinger. Aye. Mayor Panto. Aye. Mr. Brown. Aye. Ms. Zondo-Dennis. Aye. A resolution authorizing an agreement with Beaver Home Improvements to replace the roof at the College Hill Fire Station.

So moved. Second. Second. Move to second discussion. Roll call.

Mrs. Rose. Aye. Mr. Graziano.

Aye.

Mrs. Hartroff-Bittinger. Aye. Mayor Panto. Aye. Mr. Brown. Aye.

Aye.

Ms. Zondo-Dennis. Aye. And Mr. Pinnebaugh. Aye. A resolution authorizing developer agreement with the County of Northampton for proposed parking garage at 669 Washington Street.

Moved. Second. Second. Second in discussion. Any questions? Roll call.

Mrs. Rose. Aye. Mr. Graziato. Aye. Mrs. Hartroff-Bittinger. Aye. Mayor Panto. Aye. Mr. Brown.

Accused.

Oh, sorry about that. I apologize. Ms. Zonder-Dennis? Aye. Mr. Pinnabone?

Aye.

A resolution authorizing an agreement with Wolverine Constructors for trail connection and pedestrian improvements.

So moved.

Second.

Move to second discussion. Roll call.

Mr. Graziano. Aye. Mrs. Hartroff-Bittinger. Aye. Mayor Panto. Aye. Mr. Brown. Aye. Ms. Zondo-Dennis. Aye. Mr. Pinnabone. Aye. Mrs. Rose. Aye. A resolution opposing data center development in the City of Easton. So moved. Second.

Moved and seconded. Discussion? Questions? Roll call.

Mrs. Hartroff-Bittinger. Aye. Mayor Panto. Aye. Mr. Brown. Aye. Ms. Zondo-Dennis? Aye. Mr. Pinnabone?

Aye. Mrs. Rose?

Aye. Mr. Graziano?

Aye. Mayor, I apologize. Can I mention one thing on that? Yeah. As much as that resolution shows our feelings towards data centers, there is an ordinance that's going to be coming forward that Councilwoman Rose...

There's a zoning amendment.

A zoning amendment about six months ago that they're working on that would help solidify that position for no data centers in the city.

Yeah, let me just explain that the state of Pennsylvania requires that we have a location for data centers. You have to locate. Let's talk about X rated bookstores. We have to have a place for them. Don't want them, but we have to have a place for them So we we are looking between now and in time the zoning amendments company for City Council We will look for a place to put data centers that we know they'll never go.

I Found a place over in Peabody Township

OK, we're going to go on to introduction of new bills. Madam Clerk.

BILL NUMBER 27, an ordinance amending chapter 560, part 3, article 12, a parking ticket appeal process was introduced by Mr. Graziano and ordered processed.

At this point in our meeting, we have public comment on any item concerning the city of Easton, Mr. Arne.

Surprise. Could you please explain to me where the city parking garage is proposed to be built?

There's no city garage. It's the county garage. The county garage. Is it going to be built the same place where it is now?

Isn't there a parking lot there right now?

Well, there's both. There's a parking lot and a parking garage.

They're going to make it a parking garage. 69 Washington Street.

It's the courthouse parking lot.

It's the surface lot, then across Union is the garage.

Okay. All right. And I would like to know what a resolution authorizing DCED, what is that?

Department of Community and Economic Development.

Okay. Thank you very much, Mayor.

Thanks, Artie.

Appreciate it. Anyone else?

Sure.

Sure.

As an avid viewer of the YouTube channel, my name is Glen Papp and my address is 235 Park Drive West, Kintnersville. As an avid viewer of the YouTube channel here, I'd like to thank you all for allowing me the time to speak tonight. My name is Glen Papp and I'm a landlord in the city of Easton. I'm here to speak about the business privilege tax return, specifically the instructions issued which have a revision date of December 2020, which does not allow any adjustments to the taxable gross income on column B. This column should allow utilities to be adjusted out, and I'll explain why. In 1965, the Pennsylvania General Assembly passed Act 511, replacing the previous 1947 statutes. And it made it illegal for local taxing authorities to tax gross receipts on utilities. Specifically, Act 511 states that such local authorities shall not have authority by virtue of this act to levy, assess, or collect a tax on the gross receipts from utility service of any person or company whose rates and services are fixed and regulated by the Pennsylvania Public Utility Commission or on any public utility services rendered by any such person or company or on any privilege or transaction involving the rendering of any such public utility service. The two key words that strike me here are the words any and company. It would seem that this bars the business privilege tax on anyone regulated by the Pennsylvania Public Utilities Commission. So let's take a look at the even more relevant section in Easton City Code, which was passed in 1971 as a response to the sweeping 1965 Act 511. And it's actually the same for all intents and purposes. It was a copy-paste to bring Easton into compliance with state law. And it states that no such tax shall be assessed to end collected on the gross receipts from utility service of any person or company whose rates of service are fixed and regulated by the Pennsylvania Public Utility Commission or on any public utility service rendered by any such person or company or on any privilege or transaction involving the rendering of any such public utility service. It's clear that such a tax cannot be collected on any person or any company that has rates fixed and regulated by the Pennsylvania Public Utility Commission. So the question is, how does this apply to landlords? Pennsylvania Statutes Title 66, section under Public Utilities 1313, states that the price upon resale of public utility services Whenever any person, corporation, or other entity, not a public utility, electric cooperative corporation, municipality authority, or municipal corporation, purchases services from a public utility and resells it to consumers, the bill rendered by the reseller to any residential consumer shall not exceed the amount which the public utility would bill its own residential customers for the same quantity of service under the residential rate of its tariff then currently in effect. This clearly establishes that a landlord's rates are fixed and regulated directly by the Pennsylvania Public Utility Commission. I raised this concern when I made the appropriate adjustments to my business privilege tax return, and I was told numerous times that this only applies to utility companies. And I would like clarification on how the language any company and any person found in both the state and eastern codes is being interpreted as to only utility companies.

If I may, so we have had exchanges with Mr. Papp, so thank you for coming. I'm not sure if you saw my last email. I did, and it mirrored the same thing, that it's about utility companies, and it's not.

It says any company.

I don't know how, it's intentionally broad. Okay, well, that's why, well, unfortunately, Brian, our other solicitor, isn't here, but Mike, are you able to chime in? Because that was our interpretation was that it did not apply to the landlords.

Right, but it clearly does. If you could read that statute again to me where it says any company. Sure. Any company whose rates are, could you?

It's highlighted there on the sheet I handed you, but I'll be happy to read it for you. Would you like the eastern one or the state one?

Either is fine.

Okay, so the state one says that the local authorities shall not have the authority, by virtue of this act, to levy, assess, or collect a tax on the gross receipts from utility service.

I'm sorry, I'm saying any person or company whose rates of service are fixed and regulated by the Pennsylvania Public Utility Commission, correct?

That's correct, and I am regulated under the Pennsylvania statutes, Title 66, Section 1313.

So you go to the Public Utility Commission and they set the rate that you can charge your tenants for electricity?

Yes, that is correct.

What is that rate based on?

The rate under the Pennsylvania Title 66, Section 1313 says that the bill rendered by the reseller to any residential consumer... That's not what I asked.

I asked, did you yourself, your company, go to the Pennsylvania Public Utilities Commission and ask... No, I read the statutes.

It does not say that. It says that it shall not exceed the amount which the public utility would bill its own residential consumers.

That is a cap that is not regulating your rate. You are not reselling. My understanding is, and I could be mistaken, I have not received full information, but my understanding is, for whatever reason, the electric bill remains in the name of your company. Is that correct?

Yes. However, there's another section that's more pertinent than this one.

I just want to understand, so if I can understand correctly, you don't have your tenants put the electric bill in their own name.

The electric bill is in their own name. And the electric bill is not, in my particular case, what I'm talking about. It's the water bill. And the water bill is in my name. And so if I'm charged $100, I charge them $100, and I'm being taxed on the gross receipt of that $100, even though it's being backed out in my federal tax return.

So my understanding is that the gross receipts are the gross amount you receive. You are not selling the water service. That is a bill that you incur.

I am selling it.

You're passing that cost through. You're not selling that service.

I am absolutely reselling the service if it's coming in my name and I am charging someone else for it.

That's my understanding.

And the statute goes further to say after the Pennsylvania Public Utility Commission part, it also says, or... on any public utility service rendered by any such person or company?

You are not rendering a public utility service by allowing your tenants to have sewer and water service. You are not a public utility. You are not providing service to anyone who comes and asks. If your neighbor came and asked for water or sewer service, you would not be able to provide them water or sewer service because you are not a public utility. That is my understanding of the city's position. If you disagree with that position, there are ways that you can litigate that, and this is not the appropriate or proper forum to do that. The code says what it says. The interpretation of the city is that you are not a public utility. You are merely passing through a cost of being a property owner to your tenants like every other cost. So that's the city's position, is my understanding of the city's position after talking to Mr. Lesicki and my co-counsel, Mike. Sure attorney law sir so at this point that's I think everyone understands what the city position is and we understand what your position is we just don't agree. And there are means to address that legally, but this is not the appropriate or proper venue for us to address that.

Yeah, and I understand that, you know, maybe there are legal venues to do this. In my case, it's an $11 issue. But to the sum of everybody in the city, it's far more than that. And I figured I'd give you guys the courtesy of addressing this before I escalate this through other means.

Okay, excuse me. So your time is up. You were given more than five minutes.

Right. Okay. I appreciate it. Thank you.

Thank you.

Thank you.

Thank you.

Anybody else from the New York City Council?

Hello, my name is Colleen O'Neill, 138 South 11th Street. Hi. Thank you for all the seriousness you're taking with the Wood Ave warehouse. I just have a couple of questions. This is mostly just about transparency, and I do appreciate your statement, Solicitor Vargo. I do have a couple of questions about what you said, that the city has agreed to participate in mediation, but you said it caught you off guard because it was quick. So what did that mean?

Just for clarification, he said the solicitor's office agreed, not the city.

Okay, yeah, so this is the clarification I'm definitely looking for. So we have, so can you repeat that?

Well, in his statement, it says the solicitors agreed to do it. And then they came to us and told us about it. So to Citi, we didn't discuss it or vote on it or anything.

Yeah, I'm sorry. I meant solicitor there and not Citi then. Thank you for putting that out there. So saying that it caught you off guard, what does that mean and who made the decision then?

What I meant was the announcement by the Wilson solicitor yesterday caught me off guard because I did not have an opportunity to discuss anything with counsel. It happened before the pre-planned executive session tonight.

Okay, I appreciate that clarity, because I thought you were saying that the request to mediate caught you off guard, so I want to have that very clear. Okay, and then also to get involved with that, giving the opportunity for the developer and what they intend to change. They didn't do their due diligence, and like for example, they just completely disregarded and omitted wetlands that existed. They didn't name Springbrook, so these are two small details that if they are trying to say that they're gonna come back and fix this stuff they've purposely omitted and they're hiding things. So I'm really concerned that there would be any negotiations with these people at this point. And also I believe it would cut planning and zoning off at the knees not only for this situation but for all future development if any developer can come in not like the decisions that were made by the city and So that's a huge concern. And then my final question is about Solicitor Nitschke. What role does he have in this?

Solicitor Nitschke represents the Easton Zoning Hearing Board with regard to, specifically in this case, he represents them with regard to the actual appeal of the decision by the Zoning Board. outside contract Council represents the zoning hearing board specifically with regard to the mandamus action that's been filed so because they're all Council of record they all would have to participate in any discussions I don't know that

As he does also represent Wilson's zoning, I request that he remove himself from all of this and that he steps down. I don't think that it's appropriate for him to be giving any type of information or counsel to Easton and also be speaking with Wilson who is suing the city.

I Attorney's decisions with regard to conflict of interest are up to the individual attorneys. I can't address that situation, but I can certainly pass the concerns along.

Yeah, I just think it's really also important that the public knows this, because maybe if it's legal, it's incredibly unethical, especially while we're being sued by Wilson. So thank you for the clarity. I appreciate it all. Thanks.

Thank you.

Hi, my name is Jennifer Tallarico. I'm at 406 West Burke.

What's your last name again?

Tallarico, T as in Tom, A-L-A-R-I-C-O. Thank you. Sure. I just had some questions actually about, in reference to the conversations that Mr. Pintabonem Mrs. Rose talked about that they had with VM development. And just if you are comfortable or capable of addressing this, you had said that VM development has passed along some concerns from council and from the public, and that VM took those on and heard them and was willing to revise or adjust their proposal. Just for some clarity, given some of the comments that the representation for VM development made at the zoning hearing board earlier, is your understanding that the revisions they are considering include the scale and the function of the development, or are they restricted to the aesthetics of the development?

So the information we passed on to them were height on the north building, water runoff, lack of retail space, density, and aesthetics, and there was a couple other things. So all of that was passed on and conveyed through the meeting and asked them to please reconsider and come back forward. Terrific.

Thank you so much.

You're welcome. Appreciate it. Thank you.

Anyone else?

Evening, Amy Baccadoro, 1008 Ferry Street. I come tonight before council as a former board member for the Carl Stern Arts Trail. I sat on both the Friends Committee and then moved on to the Carl Stern Arts Trail Board. I was there for approximately 10 years as a board member, still a volunteer with them. At the time that I was a board member there, engaged in the Eastern Iron Metal site. This might come to a surprise to everyone because no one has mentioned the Carl Stirner Arts Trail in any of these discussions about this development. This has not been brought up. I read the article that was in the paper today. I've seen these plans, but no one has talked about the Arts Trail. And it was the Arts Trail that engaged those property owners of the Iron and Metal site and engaged them to sell the property to the Arts Trail. That was supposed to be an extension of the Arts Trail. We are out of space. We were out of space. We did not have a lot of space to put in sculptures and we were looking for additional room. That trail is a mile and a half long. We knew that that rail trail was to be developed and that space across the creek was an opportunity for the expansion of the arts trail. It connected to the stream on top of that. We have done numerous amounts of programming that is environmentally focused in addition to the art sculptures which also have that environmental focus to them as well. It is part of the Arts Trail's mission statement, the interconnectedness of art with nature. So we looked at that space as an amazing green corridor. We thought about engaging Lafayette, about the pedagogical studies. Reinick Rope Mill was coming online. The Hummel Lumber Building was also being developed by Lafayette College. This was an amazing space to, again, expand the trail and have opportunities in that green space there. We worked with Chad Helmer, who became the project manager as we had that environmental remediation grant, both phase one and phase two. He worked very closely with the Arts Trail on that. And then discussions changed and Nurture Nature Center was brought into that project, which was amazing because again, we had the environmental piece, we had the science piece, we have a stream, we have an arts trail. It was all connecting together. Then an apartment building showed up on that property. We still had arts trail space that was going to be there. It was programmable. We were going to have space for sculptures. Again, an extension of the trail, Nurture's Nature Center was still part of this, and now apartments. Then the Nurture's Nature Center left the project. Now I look at the project that's presented before me, And there's zero space for the arts trail. So I'm really confused how we went from something that is so beneficial to that corridor to that stream that is so important to this area and the water that flows into it to expand green space something we lack in this city to connect to the arts trail to the cemetery to the West Ward to the college. to College Hill to downtown. And now we're stuck with this, what is being proposed. May I finish, please? Thank you. I feel duped, I feel used as a board member from that arts trail. I don't know if this was some kind of elaborate ruse. I will fully acknowledge my tinfoil hat for that, but I feel like we have gone from one extreme to the other for how this project was brought together and how it was envisioned initially when These conversations were had with the existing with the previous property owners. And now we have nothing for the trail. And please don't say the office space because office space was also promised to the arts trail at the silk mill too. So I would like to say that we have a really unique, amazing opportunity with this piece of property. And I know there's literally two sides to this property. But to revision, especially that south side, would be amazing to look back at what was originally visioned from the Arts Trail and creating that space again. Thank you.

I would just kind of like to address some of your comments, and thank you for those, because I'm not sure what was originally envisioned, but I did attend the Carl Stirner Arts Trail meeting last week as my role as liaison to Public Works, and my understanding is that there will be art along the trail. Jim Toya was talking about placing the art along the trail and being in conversation with VM about placing art along the trail. So I don't know if it's, has it been reduced in terms of the amount of space that's now allocated to the trail?

That whole southern side was supposed to be arts trail. That was supposed to be a a whole addition. It was all supposed to be green space. That's what was originally discussed. The north side was, especially because of that escarpment there, it was unsure what was gonna happen. That was also before all the environmental work was done as well. But there was supposed to be a significant amount of space for the arts trail. That was the vision. That was why we approached those property owners

A significant amount or like the total south parcel?

The total south parcel, and I know that there was still discussion about the north parcel as well. It was a legit issue with purely that site. We didn't get very far. There was a steering committee that was developed. I apologize. I have not had time to go back through all of my meeting minutes from the arts trail because we're going back to 2021, probably even before that. I don't know where this process is. And I wanted to remind council about this piece because no one has been talking about that. And that's how this whole piece of property came to fruition and came to be held by the city now.

So I guess the question I have for council, since this predates my involvement, the sale agreement, did that contemplate?

I don't recall the Carl Stern Art Show ever coming to my office or anybody in our administration saying they wanted to buy that piece of property.

That's interesting because Dave Hopkins sat on the board for that entire time.

Mayor, can I just clarify one point? Council did see a presentation earlier by Dave Hopkins. If you remember those red lines and blue lines, the blue line represents the portion, the paved portion of the arts trail that goes along the Bushco Creek. Without getting into a lot of detail, because there is... There were a lot of moving parts. In particular, the biggest one was the Nurture Nature. The Nurture Nature grant that was given by the Economic Development Agency, the federal agency, that had to be spent at one time within a certain time period. Initially, the idea was to get the nurture nature as part of the development project. When that left because of the criteria to have to spend that money, it did change the plan. I can't speak to the whole plan. I'm only speaking to a couple portions of it. But the portion of the arts trail which is, as Dave presented today, he talked about the bridge. And if you recall, there was a red connection. That's the part of the land that the city owns. And then there was the blue connection until it went back to the red connection, which was on the easternmost part of the property and correlates to the grant that we just received. And if you recall, it traversed over Bushkill Drive And then it went down, et cetera. And you guys saw that. And we talked about why it circumvented the car dealership. But we had a discussion regarding the arts trail. That was always part of the plan. That hasn't deviated. What I do think may be warranted is for staff to come back in and present and talk about the agreement and perhaps where we were and how it evolved. I'm not speaking for or against it. I'm just adding some clarifying.

Louis, can we get that at the next committee in two weeks?

I think so, yeah.

Because five of us weren't here at that time. I've been talking to many residents about this. This is the first time I heard anything about it. So if you can bring that back.

Sure. And I've heard of the different moving parts, the reduction in the commercial space, the increase in the residential units. That has come up through the land development approval process. It certainly warrants a discussion at City Council to understand where we're at because there have been some moving parts. You couldn't fault the movement of the Nurture Nature Center. Initially that was a big attraction but also a big attraction from the city standpoint was that there was an able buyer at that time and the acquisition of the property was two-fold. One was for the opportunity to extend the Carl Stirner Trail, which was led by the city and the mayor. But the second part was to acquire a parcel of land that needed significant cleanup. But none of it could be realized without some sort of tax ratable. You need to have some sort of tax ratable on that site. It couldn't be just held by government, by the municipality. So that was always the intent. we can go ahead and discuss it.

And we only had two developers who responded to the RFP.

Yeah, no, I'm just, like, there have been some changes, and I think that this discussion, what we're discussing here is that it just warrants a little bit more clarity, because you're right, it's been, yeah, it's been some time.

Can I ask, so the redevelopment authority came to own the property. How did they come to own the property?

They bought it.

Well, yeah, it was initially... And they initiated that conversation?

No, the city initiated it. The city initiated it.

That's very interesting. Why? I know otherwise, or I... unless I was lied to for years sitting on that board, we were told that the property owners, the old property owners, wanted nothing to do with the city. They would not sell it to the city. And we became the way to acquire that land and use it for public use have this massive green space. And that's why they entered into conversations with us.

What did we pay for that land? $950?

It was around that. Just almost a million dollars. It was 100% backed by the city.

Yeah.

Because the RDA in themselves could not just purchase it.

So next committee.

We can do that.

You get a full update from 2020 to now?

That's correct.

So I guess I can leave my tinfoil hat on, considering all the work that we did on the arts trail. I have meeting minutes about all these discussions. But it seems like that was... Well, I think it seems like we'll get a full report from what happened over the last seven years.

We don't know. We weren't here. Five of us weren't here. So we have no idea. So we're going to see what comes forward in two weeks. This is the first we're hearing about it.

Mm-hmm. And how will you like Carl Stern arts trail minutes? Right. Okay. We'll do. Thank you.

I have to ask a question. Go ahead. Go ahead. Kurt. Yeah.

So Kurt Ely. Once, one second. I'm sorry. Just before Amy sits down. Sure. The minutes I think would be helpful, but the minutes of what were discussed in your meeting doesn't necessarily mean what was discussed between you and the city. So if you have any correspondence with the city, that would be helpful. What was discussed in your meeting, I don't know what weight that holds here though. So if there was any discussions with the city, that would help.

So this is wild because Chad Helmer became the project manager for those remediation pieces. Dave Hopkins sat on that board, was part of all these conversations. Rachel Hogan Carr, also part of the Carl Stirner Arts Trail Board, also part of those conversations. Dick McAteer, also board, 100% part of those conversations. The man wanted a waterfall on the side of the escarpment. I don't know, that was his vision. But I mean, Jim Toya, the list goes on. So it wasn't just a blip in a minute. I mean, we spent time on this. We engaged those property owners.

This is the first I'm hearing of it. Amy, if you remember, and if not, you can go back to your minutes. How come Carl Starnes Arts Trail didn't purchase the property? How did the RDA end up buying it and not you?

I believe we went through the redevelopment authority, I think, a lot because of the remediation work. But I don't know. I started looking at minutes, and I just didn't get that far. But I know that we had to utilize the redevelopment authority to do the purchase. And that's where it started. And that was... We engaged redevelopment after those discussions, and we had a property owner that was interested and engaging with us. Because initially, they didn't. It took a bit to get that conversation happening and for them to see that vision of what that space could be.

Why didn't the Carl Turner Archipelago respond to the RFP?

They may have.

No, they didn't. That I know for sure they're only two. And the second person I know with development experience.

I think the assumption was that they were always part of that space. But I don't know. Again, I have to go back through minutes. And I rolled off that board, I want to say, in 23 or 24. So it's been a while. I'll have to go back and look.

Okay, all right.

Thank you.

Thank you. Amy, before you, so I gave you my name and address, right? So do you recall anything at that time in regard to grant applications or grants being discussed as part of the Carl Sterner Arts Trail effort to buy the property? Any of that?

I didn't work for the environmental review.

Either one. Do you recall any of that?

Definitely for the environmental remediation. That was, I mean, that was talked about constantly at board meetings was that work.

Specifically for that problem.

100%. I was on that property and I stood over one of the core samples that they were there and we all talked about it. We had a field trip there where we walked those grounds to look at that space as a board. I should also mention Roger Ruggles was a liaison from council onto the arts trail as we were going through that process because he was on that field trip with us. Yeah, he was for the city. He was there as part of that, as representation for the city.

Thank you.

Thank you. Thank you, Amy.

This is going to be a little hard for me to do right now because I wanted to talk about the ironworks. And what I see is a huge opportunity for that property, knowing that there was a past history with Carl Stirner, knowing about what I believe is the truth in regard to the Nurture Nature Center and what occurred as their part of this very early on, which I am confident the board is pretty much unaware of. I can share that I think it would be fair for me to say that I want to make sure I phrase this properly, but Rachel Hogan car is out of the country right now. Had she been in the country, she would have been here to try to set the record straight, I think, in that regard, but also to talk about very positive things that we think can occur with that property. I'm sure that she would be willing to discuss it further publicly if you would like her to do that.

Well, we're going to bring it back in two weeks in committee.

Maybe that would be a perfect time to kind of really clear the air in that regard. But I'm going to try and talk about this from a very different perspective, and I assume that I've got a minute and 50 seconds, or do I have a bit of a stretch? Thank you very much. That's so unfair. I was clarifying things with Amy.

I understand, but you had five minutes, to be fair.

To be fair, okay. There's an enormous opportunity with this property for further development far beyond anything that you've considered before. And the most important thing I'm going to say is that I would appreciate it, and I think many other people would as well, if you take the opportunity that you have now with a professional planner to have this site properly evaluated at its highest and best use. That has never occurred here. Everything that we've heard about before, even to a degree the Carl Stirner information, had to do with grant opportunities trying to frame the property in order to receive the money to remediate the property and then further develop. It's been driven by that goal. It's property we own, and if we're going to be truly selling it and consummating that sale, I believe that it's the responsibility of the community to make sure that that property is developed at its highest and best use. I think to do anything less than that would be a disservice to the community it absolutely would be a disservice to the taxpayer. So there's an opportunity here for that professional to do a proper and quality evaluation for highest and best use, come back with recommendations as to the uses that would be considered highest and best at this time, and then the opportunity to do an RFP or two or three based upon those highest and best uses. And trust me, there are a lot of them out there available for this property that could generate a great return and benefit everyone, even VM development. everyone could benefit from doing that process. Please take the time, take advantage of the opportunity you have to do that.

Louis, what types of contractual obligations do we have with VM Development? Don't we have a contract with them?

We do. Why don't we review that at the committee meeting because I think it starts with the process of first the acquisition of the property, how we came to that point, and then the selection of the developer because there was a committee of non-staff members and a recommendation that was provided to city council at the time, and then the process in which the ownership, like how it was acquired with the RDA, and then et cetera, the grants that were received to clean up the site, and then where we're at today with the realities as you go through the land development process and how it is standard, you do see that things do change. But I think it's best to bring everyone up to speed and go through the process. I'll ask Mr. Kingsley to be here, as well as Mr. Hopkins. so they can answer questions and go through the detail. Yeah.

Can you also ask our planner to be here? Obviously she wasn't here for the history, but I think it'd be good to have her here as well.

I can ask her to be here. Um, I think it's important that the, um, solicitor also solicitors get up to date on the contract and review it since we are, um, since city council is in a group in a contractual arrangement, to sell the property with a developer. So we have to understand what the legal implications are. I just want to go through the facts. That's all.

Anything else for city council? I would just like to make an announcement that the next meeting I will not be in town, but I will be calling in. OK.

Anyone else? Yeah. Absolutely.

Your name and address.

Which ones have you been to?

So my name's Owen. I'm from Sladington. I'm sorry, what is your name? My name's Owen. I'm from Sladington. So Allentown, Bethlehem, all around.

And now you're at the best one.

That's wonderful. So I had a question about the data center resolution that was passed tonight. So it's my understanding that the resolution only expresses opposition to data center development. It doesn't actually prohibit or pause any data center proposals. Is that correct?

Yes.

It prohibits it. In the city of Easton? It explicitly prohibits data center development in the city of Easton.

It's a resolution that says the authorities, we do not approve any development. So the authorities, boards, and commissions should look at that resolution and follow it. That's what it says.

So I don't know if you were here when I mentioned Councilwoman Rose started an ordinance, which is actually law, and zoning changes pertaining to data centers. It has been recently reviewed by our new planning director and sent to LVPC for a review. And it's going to come back to the planning commission and the council for a vote. So that's going to have more teeth and more legal binding behind it. So we're just waiting for that to come back from the professional review. So then we're going to eventually vote on it.

Yeah, we definitely want to make sure that we're giving anything we're pushing forward more teeth. This is just something that is more

This is just a feeling of City Council. Right.

We had the same feeling about the warehouse, but that didn't matter. Wilson approved it. And that was sort of the clarification that I wanted. So my understanding is that resolution is more... in rhetoric than actual legal standing, that ordinance would help strengthen that rhetoric. So is that ordinance being enacted? What process is that ordinance being enacted through? Is that being enacted through municipal curative amendment?

So it will be a part of our zoning updates. And we're also waiting to hear back from LVPC for any other recommendations before it's presented to planning. Unfortunately, I wish it would have been done already. There's been a lot of changes, which I've been told have held it up. So I'm hoping that we can get it out ASAP. It's a long time coming.

Also, Councilwoman Rose worked with other municipalities that have it in place already, so took a lot of their things and put it together. So we're hoping that it comes back quickly and then we can put it in.

And just for clarification, so that ordinance is going through the normal zoning amendment process, not a municipal curative amendment process? No, zoning amendment.

Okay, thank you.

That was the only question I had.

Thank you. Thank you. The curative amendment is not nice. It says if you don't have it zoned someplace in your city, they can put it anywhere they want. So we don't like the word curative amendment.

BEFORE WE END PUBLIC COMMENT, MS. CLARK, CAN YOU COME TO THE PODIUM, PLEASE?

YOU CAN TELL FRANK NO.

SHE CANNOT BECAUSE I AM ACTING ON BEHALF OF YOUR FATHER. JUDGE CLARK WOULD LIKE TO KNOW WHAT YOU LEARNED TODAY AT A COUNCIL MEETING SINCE YOU'RE HERE FOR CLASS.

Mayor I will move to adjourn if there's nothing further second move the second roll call

Mr. Brown?

Aye.

Ms. Sando-Dennis? Aye. Mr. Pinnabone? Aye. Mrs. Rose? Aye. Mr. Graziano? Aye. Mrs. Hartrath-Bittinger? Aye. Mayor Panto? Aye. Thank you so much.

Liv, you're real red. Real red.