Okay, everyone, we're gonna get going in uh 30 seconds, everyone.

With um the city council meeting.

So if everyone can have a seat, please.

I'm gonna let him okay.

Um we're gonna start the city council meeting, please.

And actually, if everyone can stand, we're gonna do our invocation, which is a moment of silence.

Okay, thank you.

And uh next is Pledge of Allegiance.

Pledge allegiance to the flag of the United States of America and to the Republic of which stands one nation under God, indivisible with liberty and justice.

Okay, um, we'll do another second roll call.

Ms.

Gerlock.

Here, Miss Santos, here.

Mr.

Bender, President, Miss Mota, Mr.

Napoli, here, Mr.

Pungo, here.

And Ms.

Appa here.

Mr.

President, you're all here.

Okay, great, thank you.

Um before we get started, um, tonight's our first public meeting since the death of our city controller, our colleague and a friend, Jeff Glazier.

I'd like to thank everyone for the outpouring of condolences and support for his family.

Jeff was widely respected for his service um over the years at the Allentown School District, the city of Allentown, and on many boards that he was a member of all his service and contributions were focused on making the city of Allentown a better place, and I will always remember him, and I will commend him.

That is his legacy to me.

Um I'd also like to give my colleagues, if they would like to say a few words um on Jeff, I would like to give them the opportunity.

Uh Ms.

Atha, go ahead.

I learned through life that we're very thankful and appreciative for the people that support us through our life and help us get through life.

But once they're gone, it's devastating.

This is when we truly, truly miss them.

And to look at the table over there and not see his face is um is devastating because Jeff was always there for every one of us uh during uh budget season or just chatting in the down at the garage.

He was never not there for me, and I'm sure everybody else on dies for the last 10 years.

I will rest in peace, Jeff.

We miss you.

Thank you.

Um any other comments from anyone, including our staff.

Okay.

Um go ahead, Mr.

Binder.

Yeah, so I'm sorry.

Um Vice President Mota, you're after Jeremy, uh Mr.

Binder.

Okay, thank you.

No, thank you.

So though I just started this process with seeing Jeff and report on on a lot of the things throughout the um throughout these meetings.

It is really really hard to not have someone there.

Um the the pivot comments that he would make in response to questions, the uh just the amount of knowledge he had when it came to this city.

Uh Jeff functioned in so many different capacities from school board to parking authority to city council to uh controller and various other boards.

He also I think at some point commented, which I'm not I'm surprised it was never never said at his funeral is that um he was the most appointed, I think, person in all of the city positions by I think he was appointed to all of them at some point in his inelected election process.

Um but it is a it is a huge hole that we will not ever fill in this city.

Um that level of institutional wisdom is is not something that just happens.

So it's gonna be challenging shoes to fill uh to whoever fills that position uh going forward, but uh he was an amazing individual, uh uh uh a passionate individual for detail for making sure that there was transparency and making sure that Allentown was a better city for everyone.

So we um he's definitely missed.

Uh thank you.

Um Vice President Mota.

Thank you, Mr.

President.

I have the privilege of working alongside Jeff for more than a decade.

Over those years, he became not only a trusted colleague, but also dear friend.

He approached every situation with kindness, integrity, and genuine thoughtfulness, never losing sight of the people he served.

His dedication to others and his quiet leadership left a lasting impact on everyone who had the opportunity to know him.

His passion is thinking personal to me and to so many of us who were fortunate enough to work with and learn from him.

He will be greatly missed, and his legacy of compassion and services will not be forgotten.

May his memory be a blessing.

Thank you.

Thank you.

Go ahead, Mr.

Pungo.

Sorry, just to also give Jeff his flowers here.

I think like Councilperson Bender mentioned, um, you know, we kind of just started this year, but Jeff still took the time to really sit down with us and talk through things to be an ear, to be someone who can ensure that everyone who's up here understands what's going on and can serve the people with the highest knowledge and responsibility.

Um, I think the most impactful thing about Jeff's memory is the fact that he served all of us in this room for decades without even knowing you, without you knowing him, and he always looked out for the best of the city.

And uh I think that's something that uh we all aspire to kind of achieve as well.

Uh and it's definitely a huge loss for the city, and just tough to lose someone that early into my term as well that I know would have been great uh to have uh to lean on.

So um, yeah, thanks, Jeff.

Okay.

Um thank you, uh everyone, and uh we'll move along.

So we're gonna jump into courtesy the floor.

So this portion of courtesy of floor is for anything you would like to speak about that is not on our agenda.

So if there's something farther in the agenda that you want to speak to, please wait till we reach that portion um to speak on that item of business.

So uh this portion is just anything in general city related, and uh our clerk has the card, so we'll start.

We'll go.

Kyle Robski.

Kyle Rowski passes.

Nick Nikolaff.

Also passes.

Katherine Hoffman.

Uh Lester Wanger.

My name is Lester Wenger.

I'm resident on 2432 28th Street Southwest.

Lived there, homeowner for over 40 years.

I'm within a half mile of the subject proposed center.

I just want to comment in general.

Data center investment and expansion is taking place at an unreasonably speculative rate.

This unbridled advancement is neither productive, prudent, or has proven advantages to the public in general.

The AI load of such centers is expected to expand 50% by 2030, now being about 25%.

The energy burden for AI is 10 times that of ordinary data.

The plain truth about AI is that it's highly empowering, not only for good, but for fraud and public abuse.

There is no legislation to effectively sort this issue out, much less speak to legal regulation over the resources which it uses in excess, those being energy, utility, water, and other issues, not to mention noise abatement and other things.

Further, the public distribution benefit of these data centers is surely not uniform.

For this reason, any investor should probably bear the full cost burden of operation.

This should include full responsibility for total energy use via cost of remote or local generation, as well as full cost to build and maintain the required distribution demand infrastructure.

This is something that PPL should address and tell us about with factual uh information.

Such that public is not mandated to bear or share highly speculative operational costs, having unknown positive and or destructive or fraudulent purpose.

Persons and businesses who employed data centered services should bear the full fair market value of the service provided.

Thank you.

Thank you.

Adam Bond.

In summary, I had said that you know we we always look at these things from the specialist view.

We look at them from a project by project view.

We don't take into account the cumulative effect that not just data center development, but all of this development in this region has had.

And then now we are being asked to contemplate an entirely new category of development whose demands may dwarf even the warehouse boom.

Data centers do not merely occupy it by land, they consume enormous quantities of electricity and substantial quantities of water, and their viability depends upon infrastructure whose costs often extend far beyond the boundaries of any individual project.

One of the least understood aspects of our electric system is that uh markets begin pricing future demand years before facilities are even constructed.

Capacity auctions determine the cost of ensuring adequate electrical generation several years in advance.

Um this month, for instance, electricity suppliers will buy capacity for 2027-2028.

Utilities and grid operators do not simply respond to existing demand, uh, they respond to projected demand.

When developers propose massive data centers, the electricity system begins planning for the possibility that those facilities will come online.

Generation capacity must be reserved, transmission upgrades must be considered, infrastructure investments must be evaluated.

The result is that ratepayers can end up paying the cost for uh paying for the cost to preparing for demand that may not may never actually arrive.

The public assumes the risk while private investors pursue the opportunity.

These pressures are compounded by a second reality that deserves far more attention.

Decades of deferred infrastructure investment.

For many years, utilities operated under a logic that was rational in the short term but disastrous in the long term, characterized by a motto repeated in conference rooms and cubicles in PPL Tower throughout the 1980s, 90s, and 2000s.

Don't spend a dollar today that can be spent tomorrow.

Maintenance, uh, and if you don't believe that uh public utilities make critical decisions based on vapid platitudes, uh you get an insider to talk about it after a few martinis.

Maintenance could be postponed, upgrades could be deferred, and capital expenditures could wait for another budget cycle.

But infrastructure does not become cheaper.

In fact, it costs its costs have proven to outpace inflation more generally.

Transformers, substations, transmission lines, and distribution equipment continue to deteriorate while labor materials and financing costs continue to rise exponentially.

The bill of deferral of inevitably comes due.

And when it does, it is far larger than it would have been had the work been done incrementally over time.

Today we face the combined consequences of those deferred investments and an unprecedented surge in proposed electrical demand.

Sorry.

All right, thank you.

So the rest of the cards that I have are all on bill 20.

Do you want to keep doing them during courtesy of the floor?

Um as long as they I mean if they're on bill 20, we can wait until the actual bill is on our agenda.

Okay.

Okay, so we're moving along.

Uh, we're gonna move into contract approvals, uh, which is next in our agenda.

Uh looks like we're at R68.

R68 is the authorization of cooperative contracts in an amount greater than 40,000 dollars to provide the city with various goods services, and the contracts are with Horworth Trucks Inc.

Environmental Systems Research, Granicus LLC, and Lobar Associates.

Okay.

Any questions or comments from my colleagues on R68?

Any questions or comments in public?

Okay.

Can you call the vote, please?

Miss Affa.

Yes.

Mr.

Bender.

Yes.

Ms.

Gerlock.

Yes.

Ms.

Moda.

Yes.

Mr.

Pongo.

Yes.

Miss Santos.

Yes.

Mr.

Knappley.

Yes.

Mr.

President, I have seven y's and no nays.

Okay.

Next up, minutes of previous meeting.

There are none.

Okay.

I mentioned earlier about uh parking chasers.

If anyone needs one, please see our city clerk to pay for your parking next door and the government deck.

Any old business.

Okay.

And we're gonna move into reports.

Um I'm gonna pause for a second.

Officers, are there are there folks out there in the in the lobby?

Can we close the door so we're not getting the feedback?

Um thank you.

Appreciate it.

Okay, um, so I'll start with um you know city council is continuing to meet with our local partners.

Uh we are currently re looking at rescheduling the housing authority meeting uh that was uh canceled.

We also plan to meet with the Allentown School District Board and administration.

That workshop is scheduled for June 25th, which is a Thursday at 5 30 p.m.

We also have a special committee meeting scheduled.

We'll hold that special meeting on June 10th at 6 30 p.m.

to take testimony from the administration on bill 46, which is the deferred retired plan for the police.

And note we have received a draft encampment policy from the administration.

Um budget and finance.

That's Chair Pongo.

Thank you, Mr.

President.

Uh the budget and finance committee met this evening.

Um next meeting is not yet scheduled.

Thank you.

Uh community and economic development, Chair Gerlock.

Yes, thank you.

The committee has not met since the last council meeting.

The next meeting is scheduled for June 17th at 5 30 p.m.

to discuss amendments to the vacant property registration, and depending how tonight goes, potentially some changes to tighten restrictions on data centers.

Okay, thank you, Ms.

Gerloch.

Uh human resources administration and appointments, Chair Binder.

Thank you, Council President.

Uh the committee has not been since the last meeting.

The next meeting is scheduled for June 10th at 5 30 to review legislation being introduced this evening, the mayor's travel expenses, options related to creating rules for city travel, and an update on the development of the personnel manual.

Okay, thank you, Mr.

Bender, Parks and Recreation, Chair Santos.

Thank you.

The next meeting is scheduled for June 10th at 5 30.

Thank you, Ms.

Santos.

Public safety, Chair Affa.

Thank you, Mr.

President.

The committee has not met since the last council meeting.

The next meeting uh is not yet scheduled.

Thank you, Ms.

Affa.

Public works, uh Vice President Mota.

Thank you, Mr.

President.

The committee has not met since the last council meeting.

The next meeting is scheduled for June 17 prior to the council meeting.

Thank you.

Thank you, Ms.

Moda.

And uh last uh committee rules, chambers, intergovernmental relations and strategy.

The committee has not met since the last council meeting, and there are no meetings scheduled at this time.

Um we didn't get a mayor's submission report, so we're gonna move along to ordinances for final passage.

First up is bill 20.

All right, so Bill 20 amends part two general legislation, chapter 660 zoning, article five uses table 660-4, use table, and section 660-38, manufacturing and industry industry group, adding the use category, data center use and article 14 measurements and definitions, section 660-135, terms beginning with D, and section 660-149, terms beginning with R, adding the definition of data center, data center, accessory use, and renewable energy.

Okay, thank you.

And I'm gonna um move uh my colleague Miss Gerlach chairs um community economic development.

This came out of her committee.

So if uh you would like to provide a report or any um comments, please.

Uh sure, yes.

Um, and I apologize for not being able to be there in person.

Uh, but uh yes, this this bill was in my committee.

Um, and it was forwarded to tonight's meeting uh for a vote.

Um I'm I'm happy to hear everyone who has shown up to provide comments.

I too uh during the meeting, uh had some concerns about the strength of the ordinance, but tonight we've heard even more that I I definitely didn't think of, and I'm sure many of my colleagues did not think of either.

Uh so this has been great.

Um, and I will, if it's okay, Mr.

President, I will go ahead uh since I have the floor and I just have a couple of questions and then potentially maybe uh a comment.

President I will go ahead uh since I have the floor and I just have a couple of questions and then potentially maybe uh a comment um so my first question is I really um I I'm seeking clarification uh based on what reading the municipal planning code and reading our own zoning ordinance and um listening to uh comments that that um if we do not pass bill 20 tonight and therefore we do not have an ordinance uh we do not have language regulating data centers that then there would be absolutely almost like uh a free ring for applicants to to apply to open the data center because there would be no regulations my understanding is that in the MPC the municipal planning code and the zoning ordinance when a zoning ordinance does not speak to a specific topic a specific situation and there is no kind of catch all language which is my understanding that that there's not that that is then when either a municipality and or a landowner can file what we've been hearing a lot about a curative amendment.

So my question is right now if a landowner wants to submit an application for a data center and we don't have language to to to handle that do they have to file a curative a landowner curative amendment and if yeah that's just my question my initial question then I have more.

Okay uh we'll I'll move to the administration to answer her concerns council person Girl this is Frank um we have been advised by our council that that is not the case that under the municipal planning code under our meaning under our code they default to the to the most similar use which in this case is manufacturing that's why although data center doesn't exist it defaults to manufacturing.

I'm gonna turn it over to Mike Hanzel who you may know from our community and economic development department who's a little more versed in this area can give you better details sure thank you Mr.

Kane I'm Mike Hanzo and the zoning supervisor for the city so I'm the one who's administering these regulations day in day out if a data center proposal comes in chances are I'm the I'm one of the first folks along with some of the other faces at the table seeing that application so there are categories of manufacturing uses the way they are written now they provide guidance to to treat the use based on impacts to a certain extent they also provide guidance to to assess uses based on based on characteristics of the use so based on the way the manufacturing use definitions are written a data center would fit into a moderate impact or high impact manufacturing category if it's that high impact category in that case it would only be permitted by special exception which which would require a public hearing before the zoning hearing board in that particular circumstance one of the or one of the challenges in the current code is that there are no use specific standards for data center.

There are standards for a manufacturing facility in general but as the comments that you've heard this evening have indicated a data center should deserve contemplation as its own animal separate from a general manufacturing facility to simplify some very nuanced dialogue we heard earlier this evening.

So there is a procedure under the current code by which we'd be able to to classify and regulate a data center or not wandering in the woods or not necessarily at risk of any of any proposal anywhere than the applicant wanted being able to be shoved down or thrown but what this current bill this bill 20 seeks to do is just really to be able to strengthen to a certain degree the level of or the level of use specific regulations we have for a data center obviously some continued process can go to consider the regulations and and to consider if we need to pass something and then and then as we go down the road refine it this wouldn't that wouldn't be off the table but we do advise that some kind of or that some kind of regulations be put in place so that we have more more data specific specific language in the code rather than treating it the same as other manufacturing uses thank you now is there um is there case law or is there something written down somewhere that states that when an ordinance lacks language specifically on data centers that the municipality is to then consider the most similar use is that is that law or where what did that determination come from there may not necessarily be a lot of case law on data centers specifically at this point just because that's uh

Now is there um is there case law or is there something written down somewhere that states that when an ordinance lacks language specifically on data centers that the municipality is to then consider the most similar use?

Is that is that law or where did that determination come from?

There may not necessarily be a lot of case law and data centers specifically at this point just because that's uh that's a new use, but it's a well-established principle of zoning practice backed up by case law in Pennsylvania that the use can be determined the termination of use can be made.

The zoning officer can make a determination of use.

That's the same process that every application follows.

There's so much diversity of use that it can it can never be and it can never fully be narrowed to a handful of pages.

If we needed to conceptualize every particular use, the code book probably would reach up to the ceiling of this room, but it's a well-established principle in Pennsylvania that you need to zone for every possible use.

You need to allow for every possible use in the in a municipality or in a district that has zoning regulations adopted.

So the way to be able to do that and the way to be able to do that effectively as we see new uses emerge, such as a data center, is to put these new regulations in place, but in the interim, we continue regulating the regulating the use under the current code as it stands.

Thank you once again.

And then my next question is the current I know we're not specifically voting on the EMAIS site, uh, and we all know that everything exists within a context.

So the uh the current uh application um for EMAIS, did they just apply using that rationale of a similar use, or did they file or do they plan to file a curative amendment, a landowner curative amendment?

That particular application was put in through the through the general application process, same as with any other applicant, same as with the most boring proposal or the that you could think of.

They put in an application for a zoning permit, they submitted application processes, we went through the standard process of of applying our existing codes to the zoning ordinance and being able to triage that use in some way.

If I can also understand that applicant, in addition to applying for the zoning code, has also applied for the curative amendment because if they get turned down for the um zoning application, they intend to come in with their own curative amendment and their cure is to allow data centers by right as a permitted use with no regulations.

Thank you.

So then it seems as though, at least for this initial one, um, because I'm just trying to think I uh again I understand fully um that we're talking about bill 20, but we all know that we're also talking about um potentially a curative amendment, potentially tabling.

So um I I don't want to um appear as though I'm off topic, um, because everything is interrelated.

So it it appears as though in this first situation, we've got a developer who wants to do a data center.

He has realized that the way that the current zoning code is structured may not may or may not be in his favor.

So as a backup, he is doing uh uh as he is able to do legally, just as we are able to do legally, a landowner curative amendments to almost like a plan B.

Um, I mean it seems that that is what the average uh it seems like that might be a common practice if if you're in a municipality that doesn't have a language speaking to data centers and you want to build one that you would file you know through the NPC um well, not through, but um as you're allowed to through the MPC, the municipal planning code, you would file curative amendments.

Um yeah, I don't I I don't know, but it just seems like that that that would be a reasonable action from someone who wants to set up a data center in a in a place that doesn't have language uh and the MPC allows that, and so does our zoning ordinance.

So I say this because there's another form of a curative amendment.

It's a municipal curative amendment, and that is what we've been hearing a lot about tonight.

I very, very much appreciate the time and the work that has gone into Bill 20, um, the people who have engaged in this process up until this point, and the people who are there right now, and I strongly feel um, as the chair of CED, um, that did vote in favor of passing this on, but did not hear everything that we just heard tonight when I did so.

We need to take a pause.

And um we need to take our time to develop stronger language.

Um a lot of the concerns that came up are are the reason why.

And we are we are empowered through the mechanism of a um a cure uh municipal curative amendment, which would give us 180 days to uh to strengthen this ordinance, during of which that that's time, developers would not be able to request their own curative amendments.

Uh so it would shut down, it would shut that process down for six months.

Um so we would have time to put something together that is uh a little bit stronger.

I think uh I think we can all agree that this needs to be a little bit stronger.

Um so I had sent on Monday a resolution, uh Monday of this week.

I had sent a resolution um to uh to to do just that to pass a uh a municipal curative amendment.

The resolution I did not put the term municipal, I'd like to add that um uh a municipal curative amendment so that we can slow down and do this right.

Um I know that there are uh various opinions on our ability to do so and the effectiveness and whatnot, but um I I would like to just put that out there on the table and and perhaps that can be part of the conversation.

Um this will have lifelong implications.

I do not feel comfortable.

Um I am not an expert on this.

I don't know anyone in the room other than maybe some folks that came up to speak who are experts.

Um this will have lifelong implications, and um we need to do our due diligence.

Um, and if and and I think we need more time.

So um with that said, I will pause here and uh listen.

Thank you.

Okay.

And so I so for the amendment in the administration's perspective, we share a lot of those concerns.

Um, you know, we have been advised by our council that we'd love to have a hundred and eighty-day moratorium too.

Our council has advised us that that's not what this curative amendment will do.

Our council has advised us that, and if you just even if you just Google it, it says a curative amendment does not prevent people from applying.

It may prevent other curative amendments.

But our understanding is a person could come into the in tomorrow if this doesn't pass tonight and and try to locate a data center and have no setback requirements.

And so we, like everyone here, want to see people, want to see this community protected.

Uh, you know, I wish we knew for sure.

I wish we could be sure.

I wish somebody could just show us where it is a hundred and eighty-day moratorium because everything that I can find says that it is not.

Uh it it just prevents us from being sued or from people from landowners uh filing curative amendments against us.

That's really the bottom line.

I mean, if you believe that we're completely, you know, we're we're we're less protected, then we should pass amendment, you know, bill 20.

And we may, and we can consider a curative curative amendment also, but I would think that you'd want at least those protections, and then we could come back and talk about bigger setbacks and and the effects on people with special needs.

I don't have a great answer other than that's what our council has told us.

That's what our legal advice is.

I'm open to anyone who may have different thoughts who can show us where that's not the case.

Okay.

Um I'm gonna quickly ask our solicitor um if she can um offer any uh opinion just for us um to help us understand it.

Um Ms.

Montero, thank you.

You know, so this evening you have an opportunity to vote for Bill 20, and there are options with that.

Uh, you do have an option to potentially postpone the vote to a later date if you'd like to gather more information, and that would protect your pending ordinance doctrine.

A very important date is that this was published on May 17th, gives notice to developers and individuals who may be seeking applications on potential guidance and guidelines when it comes to uh data centers.

And when it comes to 6092, that's part of the municipal planning code, uh, the municipal legislative curative amendment.

What council person girls stated that it does prevent any landowner legisl landowner curative amendments?

I will say that there are conflicting opinions when it comes to what the effect of that 180 180 days is.

Um I'm not a land use attorney and in speaking with individuals that practice in that area.

It's their understanding that applications for data centers could be put on pause during that 180 days.

However, I will say that whatever applications are currently before the zoning board, uh, that is going to proceed.

So the MAS Avenue project, that is in the process already.

So this is moving forward or any applications that come after May 17th.

Okay, and um uh two thoughts.

First, I I think I would recommend um for our my colleagues to potentially do an LSR to um that empowers our solicitor to do a legal service review, um, and that way she can determine maybe some some more definitive answers on some of the questions we have.

Um that's not something I would ever put anyone on the spot at this moment, but I think uh I believe that um we can empower her to um dig deeper and get us the answers we're looking for so that we can um be more sure.

And she brought up 2401 and Mayus Avenue.

City council at this point at this juncture, that is not under our jurisdiction.

But I'll I'll mention it again that you have an opportunity to come to the Allentown Planning Commission meeting, which is on Tuesday, June 9th at 1215 here in council chambers.

They're the next body that will be reviewing that 2401 in Mayus Avenue.

So um, just to be nice, we said it before, but I just want to be uh uh clear what that what's happening for that.

Um, but that is not a proposal that is going to be affected one way or another tonight, no matter what we do.

Um, so thank you, Miss Montero.

I think I'll speak with my colleagues and we'll see if we can get an LSR um put together so that we can get some some better answers.

Any questions or comments from my colleagues?

Um go ahead.

Thank you.

Um so I just have a uh I just have a oh I'm um sorry, Miss Ms.

Mota.

Yes.

Um I speak.

Yes, go ahead, please.

Yeah, um I have received many phone calls from people in my community, especially from my neighbors on the south side, who are deeply concerned about the potential negative impact this data, this data center could have on our community.

Residents are worried about racing utility calls, increased strain on water resources and the effect on vulnerable population, including children with special needs.

Many people are fearful about this project, could affect their daily lives, their quality of life and their livelihood.

These concerns are real and deserves careful consideration and decision about the data center moving forward.

I do understand when you mention about um that this is not about the Mayos Avenue right now, but I also would like to make a motion to address a letter to the Planning Commission.

And I would like to I would like the public school to know this requesting the body to take into consideration the public safety, public health, the wildlife impact and the environmental impact when evaluating the project on Ineas Avenue, and that following the recommendation proposed of the community and economic development committee, council developed a further enough safeguard regarding the data center.

I know you're planning to do an LSR, and I think that that would be great.

But um the reality is that this is this data center on Unaus Avenue, it's in back of my in back of my house, and my neighbors are not happy.

Um they have heavy duty concerns.

Thank you, Mr.

President Napoli.

Um, thank you, Vice President Mota for uh feedback.

Uh Mr.

Pungo, go ahead.

I'm sorry, did you have uh no?

Just she made a motion.

Yep.

Okay, um, so just to be clear for the um for the public, we have a motion on the floor.

Uh Vice President Mota made a motion.

Miss Apha seconded it.

So that is on.

Just a point of order, just a point of order started to jump in from the sky.

But I don't know.

I I support Dr.

Mota.

I just don't know if this is the time to do that.

I was I was gonna involve our solicitor.

You were that was next in the list.

Um I want to do I want to acknowledge emotions publicly, that's all.

Um so um is that something we can put aside until we get through comments?

Um I would recommend that we let the comments come through first and then you can decide.

Thank you.

Okay, yeah, thank you.

Okay, uh council persongo.

Thank you, Council President.

Um so I think we've heard a lot tonight.

Um I think I've heard a lot of folks saying deny and kind of reject Bill 20 and instead do the curative amendment.

Um I guess my question for our solicitor is why couldn't we do both?

Can we not?

I believe that we can.

Exactly.

Okay.

Um so I would just like again, like a lot of people have recognized in the room the kind of work that went into uh drafting the legislation that we have now before us.

Um I mean, I know we talked about it at the slideshow.

Maybe some folks were in here, but can I just ask the administration to confirm roughly when we started this process?

This process was started and I think actually over uh winter break.

Um we were hard at work at this over winter break, um, put something the first drafts of the ordinance together um and went to environmental advisory committee in in late January, um, put everything then developed it further, took it to City Council for introduction, and then we went to several rounds with the Lehigh Valley Planning Commission at their um at their regular comprehensive planning commission meeting and then their full commission meeting.

Um and then there's several other hearings.

I will say along the way, we've received support along the way by every single entity.

I will also say that um sitting on the Lehigh Valley Planning Commission, I'm watching what other cities are doing at that point in time.

Um, when we started talking about this for Allentown in December of last year, there weren't as many data center ordinances.

Now, if you go and check the Lehigh Valley Planning Commission um agendas almost on any single meeting, um, and um uh uh President Napoli knows uh um every single ordinance is is looking to do this at that point in time.

There weren't as many ordinances, um, so we were um we were um proactive in getting this together.

I can also say we use some of the existing ordinances to our advantage, including or excuse me, as templates.

Um, some of that language is where we got, I think the most controversial element, which is um like the 200 foot setback, um, as well as that's um a setback that's used within our existing zoning codes for mining and quarries as well.

So we just extended that and and copied some of the existing language that's within our existing code.

But now I think um as I'm watching this, um it's it's an evolving topic.

I think ordinances have started to get better.

It just takes a really long time, and it's a lot of work to amend a zoning code through the MPC and hit all of the bodies that need to review it.

So even those early um zoning codes, I think are now coming back and doing amendments to put together the the strongest ordinance that they can.

And ultimately, I think that's why we're all here today.

Thank you so much.

Um, and I think it's so important to look at this from the lens of like you acknowledged, this is something that essentially started December, almost January.

Um, we're looking at almost six months of work right there.

Um, and in my perspective, this is something that gives us a layer of safeguards right now.

Uh and if we do a curative amendment on top of that, there we empower ourselves even more.

And if for whatever reason, and I and I guess I I I speak to council, is there any chance of a challenge of a curative amendment if it's too restrictive or depending on the language, I'm just curious.

Sorry.

If I could do an LSR back to you on that, thank you.

So that's kind of part of that part.

So like we don't even know for certain that a curative amendment, depending on how it's drafted, couldn't be challenged.

And then we're talking about if there is an injunction on that curative amendment, then we're left with nothing.

There were six months that we could have had something right now, and then one legal challenge, because I think there's a gentleman in the room that said people will play by their own rules and will find ways to get in the way of it.

And right now we have a very like it's already vetted, it's fully legal.

We're like a a step along a month-long process, and if we explicitly vote to vote no on it, that six months, everything on this on specifically Bill 20 is gone.

And so if we can potentially have this as a safeguard, add on a curative that been on top, and then really get the best of both worlds here.

I for me, I think there is a benefit to that instead of throwing this to the wind and starting over.

Um, and I agree with you guys.

I have very genuine concerns for some of the things that are on there.

I'm sure through the months and the different reviews, there were specific language that was chosen to make sure that it was legal and compliant.

I would, I mean, personally, I would love to see audits in there because I think that's part of it.

We talked about changing energy use cases and making sure people stay compliant, not just at the moment that they apply.

I think there's so much we can do to strengthen this, and I think it's critical for us to take the opportunity now and also take advantage of a potential curative amendment.

So that's kind of my perspective.

So putting it out there.

Okay, thank you.

And I have one follow-up for our solicitor.

If an this could be part of an LSR, I don't know if you can answer, if we if hypothetically, if Bill 20 would pass, would that weaken the case for a curative amendment?

Um that's something I would want to know.

Like if it would if it would negatively impact our ability to do that.

Well, and reading Bill 20 at the current juncture, there's no safeguards, guardrails regarding data centers.

And so it's that first step process.

What you've seen is unfolded over six months.

And so that's the first step.

Uh a potential municipal curative amendment could look at the other potential parts of the zoning or ordinance that could be invalid because of lack of structure.

And so uh I don't see it as a conflict.

Okay.

Okay.

Uh any other uh questions or comments from my colleagues.

Mr.

Councilperson Binner, go ahead.

Thank you.

Um just wanted to kind of reiterate what I think what other people have said, but um, as a thank you, I know that a lot of effort went into this.

Um this is not a uh it was I was reminded by uh someone earlier earlier today, the amount of checkpoints that went through this process of of starting to coming to us, coming to various planning commissions.

So I I don't look at that lightly.

Um, nor am I suggesting we should change it at this point.

I'm not saying we we shouldn't make it stronger.

I mean we we definitely should.

I definitely think everyone up here wants to see this as robust as it possibly can.

Um the last thing though I want to do is set us back to the point where now we're behind the line where everyone else is going.

And I think that so my one of my questions from a risk perspective is if you just game this out and say we we we take a moment and we're gonna make some changes and this has to go in.

Are there any risks or what would the risk be if it did need to go through this cycle again?

Are we exposing ourselves to um the potential that someone's gonna come in right now and run underneath the same uh the same rules that uh the current one on MES Avenue is running under I mean, we our council has advised us that that is the risk that we're open to challenge if we don't pass at least if we look you can amend further, you can you can create further setbacks, you can you get all the things that have been uh advised tonight are they're great suggestions, and we can quickly look at amending the zone, you know, the zoning code again.

But we have been advised by our attorneys that if if we don't put these safeguards into place now, somebody that applies tomorrow applies under the old code which has no setbacks, which has you know, which if I may too, also just given the volume of discussion that's transpired on this on this topic, it's obviously laid bare some knowledge of our zoning code to a certain extent.

So that does seem to suggest if we've if we've started down a process to put certain regulations in place that would take us a step further in Mr.

Pango's comments than what we already have, and then what we already have in place.

There seems to just just be some sensibility to continuing that process with a mindset that we can then always take it the next step further.

But we've now mentioned that this meeting multiple times, if a data center proposal were to were to come in, if any move were to be made where there was room for the the pending ordinance doctrine to be threatened in any way, then it could just introduce some level of uncertainty in the review process.

The if a data center were proposed that could lead to uncertain results.

I guess the best thing I could say is if if the can gets kicked down the road to any extent, it increases the likelihood that uncertainty creeps into that review process to some extent.

And I think at the end of the day, that's that's the un uh concern over uncertainty or review process and lack of local control is is the one thing we all share.

And I think uh to the point of one of the speakers and uh council personal um given that people will look to manipulate the system to some degree as municipalities around us become tighter, we run the risk then if we don't have something in place if I'm understanding this that we become the from a supply and demand perspective the next place that's open to use and that is also obviously a concern I think of everyone in this room.

I think part of where I am on this is there is still a lack of clarity on my side with what we have option wise.

And I think that's part of the stuff that I'm still trying to to figure out because we do want to make this be stronger but it is not clear what options we have to make sure we are not moving from that May 17th date because I believe everyone should understand that that's the that's the checkpoint that this started on and that's what everyone has to be held accountable to if they're applying.

If we lapse too far that resets things and that exposes us to some additional risk.

So I would just say that like what I would like to have as part of this from an LSR perspective is just a little bit more clarity.

I'm not suggesting we necessarily should change this I think to councilperson Pongo we can do both.

I think we can go ahead and say here's this this process and we're starting this other one to tighten it since like that's what other municipalities are already doing.

But I I do feel that I'm I'm missing a little bit from the clarity because I'm getting conflicting information about what our options are.

So I just wanted to kind of call that out um and just ask a couple of those questions.

So I thank you very much.

Okay.

Thank you Mr Binder.

Any other questions or comments from colleagues?

Um I just had to follow up.

Yeah go ahead Ms.

Garlock.

Yes um so on on the issue of doing both I I think I need some clarification because I the the purpose of a curative amendment is saying that uh that the current zoning ordinance is inadequate when it comes to addressing data centers.

If we pass Bill 20, that will no longer be true.

It will address data centers.

So how does how can we do both surprise nobody I guess that's a question um it's it's all right you'll get you all get your turn when uh when a time's appropriate um so I guess it's one of the questions I think we're all kind of thinking about for maybe a potential LSR with our solicitor.

So again um I'm never going to put her on the spot um it's unfair but uh it's something that I think we should look into to make sure we get clarification on that.

Um go ahead Mr.

Ponko sorry and just quick to add on to that I mean I agree Councilperson Gurlock and Gerlack and I feel like I I think we've even heard tonight that you know there are some parts of this specific ordinance that make note of special surveys and studies that you know make reference either to the noise code or other things.

I think maybe there's potential for us to you know say hey look some of these studies part of the curative amendment is we're going to set some of those and and really kind of use that to say hey look like we understand that these parts are maybe not as clearly defined.

There's a gentleman talking about the low frequency audio uh impacts on on neighboring properties folks uh there I mean on on my side I think um I I definitely agree with some of the continued compliance portion of it um and I think there's opportunities I think to to say that it doesn't actually address some of these specific parts where we could say hey look we're gonna include a curative amendment there again.

I think that's part of an LSR and I would request that the LSR look at you know maybe potentials for specific parts of it of a new code knowing that if we would have known six months ago we probably would have included in the code but we're at this juncture where we can't make that change so let's do a curative amendment to specifically amend that specific portion of it.

So just putting it out there food for thought.

Okay.

And then I just had two more things.

So my my okay um I do I I do want it on the record that none of us in this room came up with the idea of using a curative amendment to pause um passing legislation when it comes to data centers.

This has been done in over at this point at least 12 municipalities in Pennsylvania because we are allowed to do so which means there are legal teams, they're solicitors, people just like the folks in that room sat down and figured out the legalities of using uh municipal curative amendment and they determined at in at least 12 municipalities that this was in uh their best interest and legally sound.

So I just want to put that out there.

This has been done in over at this point at least 12 municipalities in Pennsylvania because we are allowed to do so, which means their legal teams, their solicitors, people just like the folks in that room sat down and figured out the legalities of using uh uh municipal curative amendment and they determined at in at least 12 municipalities that this was in uh their best interest and legally sound so I just want to put that out there um now my I guess question that doesn't necessarily need to be answered tonight but is relevant on how people vote uh on bill twenty is if bill twenty passes and and our logic is that which originally honestly was mine that we would then go back and make amendments to um to Bill 20 I think it's important to be clear that's not overnight process um as it was stated tonight it took six months to get to this point and if we were to make amendments it's not like just us as a council would make those amendments and then magically they happen they would have to go through like zoning and planning and it would be a whole process that would also take months is my understanding.

So within those months there could be other data centers that apply underneath the parameters of what some may say is not as strong of s of an ordinance as it needs to be um to the point that that location um potentially would meet the qualifications of Bill 20 potentially um so with that said if I am the developer of the Mayus site and I see city council pass legislation that I meet I meet the qualifications I meet the parameters I'm going to then go to the planning commission and use that as as ammunition as to why the planning commission should approve my data center because even though the date even though the ordinance doesn't apply to me because I'm grandfathered in I still meet the qualifications.

So um my fear is that by passing Bill 20 as is that would actually kind of streamline the EMA site to be able to say that even though again the law doesn't this this ordinance doesn't apply to them that they meet the qualifications.

I mean and in and and if in fact this EMA site would meet the qualifications of Bill 20 that just indicates that there are some concerns with Bill 20 um if if if a data center is able to set up across the street from an apartment complex near a place where there's development uh development to lead delayed individuals in a shopping center if in fact they they they would get approved under bill 20 that is a problem because it's gonna take us a while to make these amendments which means other data centers just like the UNAIS one that are right in your neighborhoods are going to potentially apply.

So that is my concern with passing Bill 20.

I think that's it.

Thank you.

Okay.

Um I have um I have a question for the administration uh Ms.

Girl I makes a good uh a good point if if we made an amendment hypothetically if we made an amendment let's say we wanted to address sound would it have to go through the entire cycle just for an amendment um I I hadn't thought of that but uh I know I'd ask legal to advise on the procedural issues for amending it midway because that's what we're always worried about is changing anything once we've started and I'm sorry I'm I wasn't clear we but hypothetically we passed Bill 20 and then a week from now as Ms.

Gurlock alluded to she wants to make we want to make amendments.

Does that amendment to the bill we passed a week prior have to go through every planning commission Lehigh planning commission Allen Town Punt I think it would I'd ask legal to answer that question.

There are other tools in the city and I feel like um like our sound our noise ordinance our noise ordinance is actually a different part of the code a part that's a lot easier to amend um that's another option as well so if we wanted to go back in and strengthen the noise ordinance it's another uh way to approach one of the same issues okay but to be clear any amendments made on a bill would have to go through the same cycle to answer that yes okay all right just thanks thanks for answering that um Mr Pungo go ahead sure no and I just uh again I think you know Council Person Girl brought up a great point as far as you know potentially giving ammunition I think a lot of us are hyper fixated on the layback but there are several things in Bill 20 that would not be a part of that grandfather clause like the different regulations to provide some of the surveys some of the studies some of these other things that as much as it it's one part of something it also has 80% of the other stuff that isn't currently being applied to it.

Like, you know, the the city does have more stringent sponsor potential requirements.

So again, I'm just again, I I just fear for the idea that we're left with nothing in the end.

Okay.

Um any other comments from the DIS.

Okay.

Um I'll quit before we do public comment, I'll quickly add um our at our last CED meeting.

Um, I think it was the 17th.

I I was on record of of being concerned of some of the issues.

I mean, these were we're dealing with billion dollar companies, multi-billion dollar companies.

We're dealing with soon-to-be trillion dollar companies.

I don't know.

Um someone mentioned you know, cost of doing business.

That's a fact.

I mean, there are industries that are paying fines because it's the cost of doing business, whether it's um in the data center world or whether it's a different industry that has nothing to do with data centers.

Um that's a thing.

So we I I am in favor of finding ways to strengthen this, you know, our ordinances to the best we can to hold these folks accountable because ultimately um we have to answer for a residents, and um and our residents unfortunately are gonna be disproportionately affected, um, not just financially but environmentally.

So um, you know, these folks that want to do these initiatives have the resources, so we have to find a way to um to match you know the best we can our ordinances with you know making sure that we hold them accountable.

So I'm all for it.

I mentioned it at our last CED meeting.

I just wanted to mention it again that uh it's important to me, and I do think um it sounds like we need we I do have some questions that I would like to answer.

So we'll my colleagues and I will revisit that with our solicitor.

So um that said, uh, I'm gonna move along to public comment.

Uh same same rules as before, three minutes, and uh please no personal attacks.

And uh this is gonna be on bill 20.

So um any comments you have, and uh we'll we'll go we'll follow the cards.

Thank you.

So you don't want the Kyorovski?

No.

Nick Nikolaff.

Should I say my name again?

For the for the record, yes.

Uh for the record, my name's Nick Nikolaff.

I am on the Allentown School Board and work professionally in policy development.

Uh, from what I've heard here, especially with Councilwoman Gerlock's in situation where passing the amendment tonight may provide uh as an analogy a key to unlock the door into having a data center.

Your alternative of not passing it is just there not being a door, just an empty door frame that they can step through.

What councilman Pungo suggested of doing both an amendment and a curative amendment on top of that seems to me from a policy perspective the stronger of the two options because the curative amendment indicates that you still believe there is an inadequate amount of legislation that you have, not that there isn't any at all, and that there is an imminent need to address that.

So the amendment you would pass tonight would take effect tomorrow.

So even if under the previous rules from the application of the current site of MAS AV, they would be grandfathered in, you would at least have anecdotal arguments against it when it comes to the meeting that they have next week at 1215, which on paper doesn't mean a whole lot, but in practice I've seen it delay and ultimately defeat arguments that you're against, even if you just have anecdotal anecdotal support.

Uh and then you can add a curative amendment, which will prevent them from responding to this amendment with their own, saying that there should be no regulation.

Um I don't think that's been adequately stated so far, even though there's been a lot of back and forth.

So I wanted to take that note that if it were me up there or me at work doing policy on this, I would advocate for both options.

Thank you.

Thank you.

Louis Shoop.

Um John Shivoli.

Uh Alex Vidal Perez.

William Gareki.

Alisha Rothroth.

Welcome back.

Hey, uh, my name is Alicia Rutroff.

I'm an Allentown resident.

Um, and I wanted to talk about Bill 20 uh on behalf of my friend Priscilla who lives in uh South Allentown, right near the um proposed data center in M.A.S.

Avenue, which this comment is not entirely about, it is just anecdotal for um talking about Bill 20.

Sorry, I did not think I was gonna speak twice tonight.

Right.

So I think to just to start out, I think you know, none of us, none of us want nothing to be in place.

Like that, that would obviously be terrible.

None of us want data centers to be able to come in and just make proposals.

What this is why we we're pushing so hard for a municipal curative amendment.

So that there are there is something in place to stop that while we can while we can edit Bill 20, because to council person uh Gerlach's point um the potentially data center proposals like the one at MAS Avenue could come in and meet everything that's in Bill 20 and say, well, we're okay because of that.

Um and that's why we just want the sorry, the municipal curative amendment.

Um so um Priscilla, um, just to read her story really quick.

Uh my name is Priscilla.

I was unable to attend tonight because I did not have anyone to care for my three children.

One of my children has autism, another is only three years old, and another has sensitivity to air quality and environmental conditions.

Um since learning about the proposal for a data center that would be so close to her home, she has struggled to sleep and eat the stress of what this project could mean for her children, her family and community have really affected her very deeply.

Um she came to the United States from the Dominican Republic believing in the American dream and believing that if you work hard, respect the law and invest in your community, that you can build a better future for your family.

She loves this country because it's given her and her family and her home so many opportunities, and it's so painful to feel that the dream that she worked for so hard is being threatened right now.

Um, there's a responsibility to protect people with disabilities, including children like her child that has autism.

Um our children's health, safety, and quality of life should matter.

And she's asking to please grant the cute.

I'm so sorry, this trips me up every single time, the municipal curative amendment so that we have time to fully understand the potential impacts of this project, review the facts, explore alternatives, and protect our community.

We're not asking for special treatment, we're just asking for fairness, transparency, and the right to protect a place that we call home.

Um, you know, all and all of us um just to use the time I left, um, like all of us understand that like we know we appreciate how much work was put into this already.

It's very difficult for the public to find out a lot of these things.

We're not coming in to throw in a wrench at the last minute.

We are we are just finding out about these things for the first time.

So and so we are coming out.

We're we're coming out and saying it now.

Um thank you for your time.

If I if I can make one comment on on that one since you've you've reached out, if that's okay.

Um is it okay if I just make one comment on that?

Um, since you had mentioned your your your friend Priscilla, um, I actually got an email um directly on that with specific concerns, and I can tell you um one of our greatest concerns with that proposal is the effects of the adjacent neighbors.

And so I've emailed her with the contact information for the applicant, and I've called the applicant and asked him to reach out to that neighbor specifically because she reached out to me and also Camelot for children and some of the other adjacent landowners.

So here is the contact information for the applicant, and I'd encourage you all to go and have additional conversations even outside of the process to make sure that um all our um the you know the the concerns are mitigated to the greatest extent possible because we are we're concerned about them as well.

Great, thank you.

And she and I will both be showing up on uh June 9th at 12 and 5th.

Thank you.

One other thing I want to make sure of for anyone who is interested in that June 9th meeting.

It's not unusual when there's this type of um uh um response, um, particularly when they get the staff report that we are gonna write on it for them to postpone or table or continue some of their items.

So please just make sure to keep checking our website, and if anything changes on that hearing date, we will advertise it to the greatest extent possible, but just keep checking because right now it's scheduled.

Um but if they um if anything changes, just uh I want to make sure everyone has the most up-to-date information.

Thank you.

Thank you.

And quickly, I want to thank Miss Gomez for sharing that with a member of the public.

So um thanks for sharing that contact info.

Um Anders Nixon.

Uh Julie Vitale.

Uh Julie Vitale, 721 West Green Street, Allentown, Pennsylvania, she her pronouns.

So I've uh been coming to city council meetings probably over the two decades I've been here.

I've um I remember being here when we were trying to uh beg you guys not to have to uh concede to the NRA when they um wanted to tell us how to keep our children safe, and I believe they won on that.

Um came here to advocate for our immigrants in our community and for the homeless folks who are being evicted.

And I don't think I've ever seen this kind of a turnout.

And this turnout happened in four days.

Yes, and it came from people who don't normally like I'm one of the usual suspects, but there are people here who are not.

And um I I know that it sounds like everybody here has done their absolute hardest to make an uh an ordinance that would be you know um capable of of mitigating some of the issues with data centers.

Sounds like you know, announcements were made, things like that, but you can't you can't look at the response and say that you haven't broken the public trust.

Um people did not know.

And and I don't know what it would have taken to do that.

I don't know the policies for that, but I think that if I had a kid in a middle school that is right next to what could be incredibly transformative, uh not in a good way, um uh you know, for the impacting their education or lived in a residence in that area.

Um I don't I would I would hope that the city would go out of their way to make sure that everybody was aware of that, and I would hope that they would do it multilingually.

You know, it just seems like people were caught off guard.

And um so I I don't know if there's some way to add some sort of a right to know ordinance to the work that the city does, but I I think and I hope that you guys are seeing this response and realize that there was a failure and there is an opportunity to maybe put something together to make that not ever happen again.

Um I have no idea how long I have.

Um the uh so that's the first thing I really wanted to say.

Um I think the second thing is that you can make the sort of like I said, you can make data say anything, um, folks will find ways to work, you know, use workarounds to get around things.

At the same time, you can also make it a red carpet.

You can, you know, there can be favors, there can be overlooking things, or you could make it difficult.

And I think um folks have to be held accountable.

So the status center mogul should be held accountable to every ordinance that is in place right now to protect your citizens, and I hope that you're gonna take the opportunity to make sure that happens.

Because um quite frankly, I I mean this is almost like Disney villain level, you know.

Like if somebody said, could you write a story about a data center going in?

How would you make it like extra creepy?

It'll be like, could you put it next to a middle school, you know, and and maybe in a residential area?

How about we just throw in uh a center for terminally and seriously ill children?

Like this is in like an impossibly miserable situation, and it seems like the hands are tied, but you know, if you feel that way, find a way.

I I had the sweep, just for an example, the sweep team has given me a uh citation because I picked up the trash in the neighborhood and put the bag out, and that was before five o'clock, and so now I had to pay $25.

And that's I get it, that's the rule.

But if they can find a way to be a bit of a menace, I think everybody you know here can find ways to hold them accountable to what exists.

And I hope that every, you know, every I is expected to be dotted, every T is expected to be crossed, every you know, noise ordinance or any other ordinance exists that they fail to to hold, you know, be able to um respect, they're gonna be held accountable to that at the very least.

Um anyway, I like I said, I do want to say I thank you for giving us the space to talk about this.

I want to thank the the environmental council for for their incredible research and work in that.

Uh I also hope you recognize that there's a lot of people who also have been learning an awful lot about this work and are probably willing to continue to help you know contribute how we can to um in in the research or in building um ordinances or anything else uh to make sure that we can protect people in Allentown, all people in Allenton in all neighborhoods in Allentown.

Thank you.

Justin Joel Hernandez.

Hello, my name is Justin Joel Hernandez.

I live in uh 21st Street.

This is my first time ever coming to one of these meetings, and it is kind of uh nerve-wracking.

But uh take a deep breath.

You're good.

Appreciate it.

Yes, um great.

I've been looking at how the community has been reacting to it to this uh bill uh ordinance bill 20, and I'm kind of still in agreement that I don't feel like we should push into this.

I I just learned about this today.

Um I know you guys have been working for six months on this.

Um it's just feels like uh just a rush into something that could leave more unknowns than you really don't know.

Um I'm for the municipal uh amendment that we're trying to push to sorry, um still have open nerves.

I I'm for the six months wait.

I do not trust how this is gonna go by I want to keep like pushing for like what reasons for this people who here have put uh have listed lots of good reasons on why you we shouldn't just like jump into this.

Um I for one do not love the idea of bills going up just to pay for a data center that is just making my already large bill even larger.

Um I'm here to just to speak to communicate to try to find ways to um push for a weight, if anything.

Uh thank you so much.

First one's the hardest.

You're good.

Um next speaker is Mark Miller.

Thank you for the opportunity to talk.

My name is Mark Miller, and I'm a member of the board of Camelot for Children.

Um I actually my day job is corporate communications, and two quick thoughts.

One, I'm not used to being on this side and with the this sort of um group of people, so it's been amazing to see them talk out and say everything that I've had written much better than I could have.

So I don't have a whole lot to share, with one exception.

I look at you guys on the council and think you're very similar to the board of Camelot, well-meaning people who joined a group to help someone else, and you're confronted with a lot of questions and issues that are not necessarily part of your comfort zone or your expertise.

So I will simply ask you to do the same thing that we as the board of Camelot do, which is whatever you can to protect the children, families, volunteers of a 40-year community institution that helps children and young adults with medical complexities, serious illnesses, chronic conditions, and disabilities, and help to support their families.

Thank you.

Next speaker is Jenny Mariah Krislaki.

Sorry if I put it right back.

Speaking on behalf of Hood and Waterwatch, so do I get five minutes or three minutes?

I thank you.

Um I'm I'm going to address some of the things I heard um in the last little while, because there is a lot to address.

Um I'm gonna start by saying I am not a lawyer, but uh I and our organization, this is the work we do.

We use municipal ordinances to protect communities and the environment.

I have been living and breathing this particular use and doing exactly what you guys are considering for the past year in places across Pennsylvania, as I said.

My very first thing is I want to make it clear.

Passing this ordinance to this bill, bill 20 tonight would take away your ability to pass a municipal curative amendment.

And that's because by passing this bill, you no longer have an invalidity in your zoning ordinance, which is required in order to invoke the municipal curative amendment.

So do not be fooled into thinking you can pass this and use the MCA.

So that's that's number one.

Uh number two, um, I'm gonna jump to something because it might take a bit longer.

Um so number two, this or this bill, bill 20 actually does not give you safeguards.

It does not make what you have right now better.

It actually makes it worse because this opens up this use, which is arguably a heavy industrial use to go in your IG district when it should just be in the IM.

And if somebody put in a landowner curative amendment or something for that, or the case that's before you coming up, the application that we just heard about that is what you will argue that this is not appropriate for that district.

But Bill 20 opens you up to that.

This ordinance would essentially green light the project.

Because somebody already pointed out a developer could use this bill to argue, hey, you have just said it's okay to do exactly what we want to do here.

I've gone, I've done the measurements, that setback.

I've looked at the zoning map and seen that that's in the IG district.

So if you vote for this bill, you are greenlighting that project.

It will be very hard to stop, and this bill will be used against you in a legal challenge if you try to say no.

So if you really are concerned about that care facility and the people who work there and the people who live across the road, you will not vote for Bill 20.

Number three, um, the municipal curative amendment is not complicated.

This is being used, not just I know um Cecile CC said uh a dozen, it's dozens of municipalities right now.

I can assure you, are using this or have used it for all the same reasons, and you guys have a clear cut case of it because you do not address data centers at all, and not only that, this does not fall under your manufacturing uses.

You do not have a clause that says or any similar use.

You totally have nothing.

So this would require a landowner curative amendment to go in.

Um you mentioned that you uh had they have they submitted a landowner curative amendment?

Okay, so they have because this is um because it's not addressed, like that's what that's what would happen.

I also want to say I want you to be aware that when someone submits a landowner curative amendment, you do not have to accept their cure.

You will acknowledge, and you'll pretty much have to acknowledge that there is an invalidity, and they're saying this is how I want you to cure it.

I want you to allow me to put a data center here.

You don't have to accept that cure.

The MPC, the law allows you to say, no, no to that, that doesn't make sense.

That's not good zoning, that's not good for our community.

This is what we're gonna do.

Okay, so don't be scared by the prospect of facing a landowner curative amendment.

You hit you pass a municipal curative amendment tonight, any future ones that come in, they're on pause for six months while you get this right, and then you will you they'll no longer be a landowner curative amendment, and any project that comes in has to apply comply with the really great ordinance that you set up for your people.

Um see that what else did I say?

Um it's not complicated, you do not need a legal review.

I'm shocked to hear that because in all the places I've been working where they have passed this, I've never heard a solicitor or a planning commission.

Can I just have a couple more minutes?

Uh one more minute, one more minute.

One minute.

Thank you.

I've never heard it suggested that you the taxpayers have to pay for a legal review of the municipal curative amendment.

Oh, just a point of order.

Yeah.

Um, as our solicitor, I do legal service requests that it's part of the it's it's very straightforward, and you have a very clear-cut case here.

Your zoning ordinance is clearly invalid for data centers.

So not only are you empowered by the MPC, the municipality's planning code under 609.2 to initiate a municipal curative amendment, and you can do that tonight by simple passing a simple resolution.

But in addition to that power under the MPC, your zoning ordinance actually states that you must do that under 606-11B.

And if you're not familiar with that, I can very quickly read it to you because I just took a picture of it today.

And um, okay, so it says under six section 660 113B, and I'm not sure if your planning department is aware of this, but it says municipal curative amendments.

If the city council determines that the text of this chapter, your zoning ordinance, or the zoning map is substantially invalid as applied to one or more properties, and in this case it's data centers on any property, it must take actions in accordance with section 609.2 of the municipalities planning code.

So your zoning ordinance actually says you have to do this.

You must do this, and that's a really great thing.

I would I was glad to see it.

There should be no question.

But I caution you strongly against passing this and then thinking you're gonna be able to invoke a municipal curative amendment.

I think somebody could come in and challenge that decision because you do not have an invalid ordinance anymore.

The really great way to go is to reject this bill.

Start the municipal curative amendment.

Thank you.

Thank you.

And we have any more?

Okay, and just a reminder, everyone, when someone has a floor, let's be respectful and professional.

I don't want to hear any outbursts or any uh folks over um talking over who has the floor.

Thank you.

Um go ahead, Ms.

Ortega.

Catherine Hoffman Travis Beller.

Hi.

Um thank you again for the time.

Um I had one question, uh, realize you may not be able to answer the question here, but um, with respect to the pending ordinance doctrine, I believe from limited research that effectively Bill 20, because it's under consideration, that's valid as long as it's under consideration.

So there's some protection.

Uh it's unclear to me though, what the protection is really uh of Bill 20 being under consideration if you defer the vote tonight versus what is being discussed about the curative amendment and you know declining the bill uh tonight.

Um that aside, the the one other topic I did want to touch on specifically with respect to the wording in Bill 20.

Um looking at the heat mitigation section specifically, um it talks about the need for a thermal impact medication plan to be submitted and minimum strategies to be put in place, but uh again, as mentioned earlier, there's not specific measures as to what's acceptable limits, um, what what the plan needs to entail.

Um, and specifically I'm concerned when I think about the volume, you know there's a lot of discussion about electricity and the and the electricity consumption and the cooling.

Um ultimately all that electricity gets turned into heat, and that heat needs to be expelled from the data center, and that's going to be expelled into the local environment, um, which may be homes that are 200 feet away.

Um, and when we talk about 50,000 square foot hyperscale or or greater, or even smaller than that, the the volume of energy consumption is so much greater than other uh building purposes, um upwards of 300 watts per square foot.

Um I'm personally very concerned about the effects on the local environment and our city uh as a whole uh and what that might have.

Um the the heat island effect is as it's referred to.

Um, and there's some recent studies that show um effects of upwards of from 3.5 degrees Fahrenheit uh to 16 degrees Fahrenheit difference in temperature as far away as 6.2 miles from the location of the data center.

Um I think some of those studies are being you know re uh investigated, but there are there's more than one study that speaks to the effect of temperature uh differential um and the impact to uh the local areas.

Um so I personally I'd like to see more effort um when possible put into uh strengthening that section of the plan or the bill.

So that's it for me.

Thank you.

Thank you, Lester Lanker.

Um right afterhand, yeah.

Lester Wanger 2432 28 Street Southwest.

I'd like to extend my prior remarks to an observation.

Uh it's not mysterious why this site was chosen or the data center.

There's a PPL substation right next to it.

That PPL substation was built back in World War II to supply MAC trucks, the biggest industrial complex Allentown had.

So if zoning is not looking at this as a mega industrial complex, I suggest you revisit that because they're gonna consume energy that's gonna make that substation have to grow.

And I think that's an important caveat that's got to be put into your consideration.

I have another question along a different line.

If if a local community seeks redress, and this is mostly to the solicitor, do we not have option under a state code whenever that's released or developed to say, let's just say there's a sound abatement issue.

Do we not have standing as a community as a class action?

That's my question.

That is a I'm talking about a remedial situation for this data center.

Should it go through?

And I'd like to have an answer.

Okay, thank you.

Um, two quick things.

Mr.

Kane, do you mind closing the door or someone?

Um, I think it's cooled down enough in here.

Um and also, uh Council Person Bender, you had a question for someone?

Yeah.

Just from the previous uh speaker, just for clarification, depending on what this uh what the outcome is tonight um within reason the 17th date that we were talking about holds until we're voting on this, if that if I'm understanding that correctly.

I believe so.

Um it's called the pending ordinance doctrine.

Okay.

So within some reason of that, it's it's still maintained throughout this process until we vote is out if I would think about further the point from the notice as you further proceed from that, that's where it can get murky.

Okay.

Okay, thank you.

Spencer Sayer.

Sneak.

Sorry.

All right.

So first off, I want to thank you guys for you know working really hard to try to, you know, have a working community.

Um I realize that that uh y'all are you know part-time workers and you're not paid as much as you should be paid and all that kind of stuff.

Um so first off, I would highly recommend that uh when you think there's gonna be uh something that is uh controversial and you might want input that you don't have it on the same night as you'd have the vote for it, so you have time to take that advice.

I mean that there's a lot of people in Allen Town who who have special wisdom and that and that may help you do your job better.

Um and then in terms of uh you know, if we could hold the vote long, maybe we could you know delay the vote and and do the curative amendment and then you know find out from uh the lawyers whether what's the best path forward.

Uh in terms of specifics of the legislation, I didn't get I didn't get a chance to see the legislation until I entered the room.

So uh with the sound frequency stuff, I uh uh so subsonics, uh infrasonics, uh these are things that transmit a very long distance.

Uh you know, elephants and rhinos use it to communicate for miles.

Uh it is very hard to isolate that sound.

Now, those sounds uh have there's a lot of evidence showing that that they have uh uh bad impacts on people, causing them to be tired very easily, uh causes depression, causes uh lack of inhibition in terms of violence and uh uh and suicide.

So that is something you need to look into very, very closely when you're when you're you know hopefully rewriting your legislation.

There are ways of of building uh isolated flooring and other things to to uh help reduce that.

So I'm not saying it's an impossibility, uh, but this is something that that you know you is you really have to consider.

Uh another thing that I I saw in here was you said that they had to come up with a plan for uh remediation, but you didn't have uh a thing there saying that that uh they had to put an escrow count in or or or you know pre-pay for the removal of things.

And like I said, that you know, uh this is toxic material and it can get very expensive.

And you know, this is a uh risky investment, so it is very possible that it will be abandoned.

Um if you can't stop it, can you slow it down?

Uh what else?

Uh can the county make any challenges?

Uh uh with the water authority.

And we're talking for there's there's different ways of of cooling down a facility.

One was with uh uh uh having water go through the servers and then out into this into the set into the the streams.

Another way is to uh evaporate that water, and another way is just uh fans, but it whatever it is, there is a lot of heat created, and it does have an impact.

Um of course having this impact on on uh uh for children with with uh dying of cancer not too cool.

Thank you very much, Fred Marshall.

I just want to uh echo what Jenny said.

Um thinking more about this, I'm against this.

I'm against the concept of lesser of two evils.

Um to them who call good, evil and evil good, you know, that's scripture.

And so I don't think you're keeping an account of the people.

So everybody told you we just heard about this, and you saw how many people came out.

People seem to be impressed with the turnout, me, not so much, but what about if we had time?

And so if you vote it down and somehow it goes through, let the people go out there and protest that that data center.

Let's see how many people want to really rise up and let's see the power of the people.

You you have to give a little bit of credit to old school ways of doing things, and so maybe you can't solve all problems.

And so maybe you can't solve all problems.

You know, maybe that's not necessarily your role to do it immediately.

Maybe it takes more time.

So you have to then leave it up to the people.

And I believe that the people would come out.

I believe we would make enough noise.

It'd be a love, it would get to the point where they would say it's just not worth it.

I think that can happen.

But you have to trust.

You have to trust the process.

So I say, don't vote for lesser two evils.

Get it right.

Because no disrespect, but if you don't have, if you couldn't thought in six months a thousand feet, I mean, come on.

And if they can't change that to a thousand feet right now, like before, then come on, what is what are we really talking about here?

So I say voted down, forget about the six months of work they put in, because clearly it's not good enough.

So let's do something that's competent.

You know, let's do some real work and let the people then rise up if we have to.

Just leave it at that.

Trust, trust, trust in the people that voted you in.

Trust in them.

Um Katie.

Oh 10 minutes.

Sorry.

It's a weird one.

It's uh Katie Onimus, uh, South Street, Allentown.

Uh just a couple points.

Uh a week ago in Upper McConji, there was a uh zoning board meeting for uh the old Air Products campus where AirProducts is wanting to get zoning for to put a data center at that campus.

Um this was the it was either the second or third time because they kid wanted continuances, and they had done it based on a similar use um permit because there was nothing in upper McCundji for the zoning.

Um and they were able to the zoning board in upper McCundry was able to strike it down during this hearing because um there it did, they said it did not fall under the other uses, not specifically specified category, um, which is what AirProducts was trying to use for that.

And so it sounds like they had something similar to what we have where we don't specifically call out data centers currently.

Um and so I know like we have a lawyer that has told us that we can't that you know it would fall under our manufacturing, and that's what the MAS project would fall under.

And so I just maybe you know, and I think it's good that we're gonna have the Maria do a legal review because um maybe we just need a second opinion, especially if we're having other municipalities as well with this um whatever the 180 day thing, I'm not gonna try and say it.

Um I'm not a lawyer, I'm an engineer, I don't understand all that stuff, so I'm not gonna pretend I do.

I think y'all are in a really tough spot.

Um my mind has switched back and forth between 180 days or go ahead and put something in and then turn right right around and do the amendment.

So I don't envy the position you guys are in.

Um if you were to ask me right now, I'd say I would rather do the 180 days.

Let's get something solid, let's um put some more provisions in there, but if y'all choose not to, I can't blame you.

Um because this is a really tough spot to be in.

Uh but at the end of the day, I think you guys want what we want, and that's to protect Allentown and protect the people.

And so I just want to thank everyone for their efforts, and thank you all for listening to all of us tonight.

It's been a long night.

Um, I think you've handled it all with a lot of grace.

And so I just appreciate appreciate what you guys are doing.

I feel like you need to be thanked because this was a tough crowd.

Um, and you listen to us, and I I really appreciate that.

I mean, no, it's your job too, but I still appreciate it.

Um I think that's it.

I don't have any more cards.

Did anybody else want to speak?

Okay.

I would actually go.

Okay, come on up.

Good evening.

I'm Aiden Le Penta.

I've lived in Aunton my whole life.

I want to foot stomp what Jenny said about um if existing code says we must go forward with a curative municipal amendment.

I feel like that would be the best way forward.

I trust that our planning and commission can draft an even stronger uh code in these six months now that we have the experience and we can look to other communities around us who have had success.

So I do believe that we have that strength in our wider community going forward.

Thank you.

Thank you.

Okay.

Thanks for the public comment.

Any other questions or comments from my colleagues behind the dais?

Um President Santo, I would like to make a um a motion uh before doing so as someone who's been in an audience where you're there all night, um, and then you're then asked to come back.

Um I I appreciate those who have bills to pay, jobs to work, babysitters to find, gas to put in the car, um, and unfortunately, uh for you.

This motion will, if you care about this, require you to come back if it passes.

Um, so there's not exactly the the legal clarity, and we've and we've uh the council president has asked the um city city council solicitor to perform an LSR, an LSR is a legal review uh to see what we can and can't do.

Um because of that, um, I don't think that we are in a place to vote for or against this ordinance right now.

Um so I will make a motion to table Bill 20 until the next council meeting, which is June 17th, um, to give the city council solicitor time to complete an LSR.

And I'll second that.

Okay, so we have um a motion on the floor.

Uh Ms.

Gurlack made a motion to uh table until June 17th.

Um and council person binder is a second.

So we have Kid Eda had to leave, so now we got her back on the on the line.

Uh table the bill until June 17 council.

Okay.

Um so can we call a vote for the on the motion?

Um all right, Miss Gerlock.

Yes, Miss Santos, yes, Mr.

Bender, yes, Miss Moda Absolutely yes, Mr.

Napoli?

Yes, Mr.

Pungo, yes, Ms.

Affa.

Yes, Mr.

President, I have seven yes and no nays on the motion.

And before I forget, and I just I'm gonna need some help from um we have we still have another motion that's lingering that Miss uh Vice President Mota made and seconded by AFA.

I'm looking out if she wants a withdrawal.

That's we can ask council woman Mota if she'd like to withdraw our motion at this point.

I would have to withdraw my motion on this point.

Okay, I just want to make sure it was out there, and I didn't want it anyone to forget about it.

So um, okay, thank you.

Yep.

Okay.

So um so can I just ask the point of clarification on the LSR?

Is that to for the picking like some background on the um after the meeting?

After the meeting can come up and we can we can help you with that.

I'm gonna head back because I got a two-hour drive.

Okay.

Um so what so very quickly in LSR.

If we have, is it four council persons, Mr.

Hanlon?

Yeah, four councilpersons want to sign on, and that will enable our solicitor to do an LSR.

We'll give the questions of our or concerns, and then she will do the research and get back to us in a timely manner.

And it'll call the municipal curative amendment.

Yeah, that's that's obviously one of the big ones.

So um so that's that's the plan.

Yeah, thank you.

So um, so as we as it was mentioned in the motion, uh that will come back to council for June 17th.

So mark your calendars, and uh we'll move along.

Uh next on the agenda is our consent agenda.

Uh, we have one item on the consent agenda, I believe R69.

R69 R70, I'm sorry.

I'm sorry, R69 by itself.

Yeah, R69 notes that there is sufficient sewage capacity for planning module for 1008 South 6th Street, A and B Real T 16 LLC sewer planning module.

Okay, any questions or comments from my colleagues on R69?

Any questions or comments from the public?

R69.

Okay, can you call the vote, please?

Miss Affa.

Yes, Mr.

Bender.

Yes, Ms.

Girlock.

Yes, Miss Mota?

Yes, Mr.

Pongo?

Yes, Miss Santos.

Um what's on the floor right now?

Uh this is for um R5 planning module on the consent agenda, R6.

Yes.

And Mr.

Napoli.

Yes.

Mr.

President, I have seven years and no nays.

Okay.

Moving along.

Resolutions for final passage.

We have one R70.

R send R70 appoints a temporary deputy controller for the city of Allentown until that time when the city of Allentown City Council appoints an interim city controller.

Okay.

Any comments or questions from my colleagues?

Or from the public on R70?

Okay.

Go ahead.

Mr.

Bender.

Yes.

Ms.

Garlock.

Miss Girllock.

Sorry, I thought I'll I was on mute.

Yes.

Miss Moda.

Yes.

Mr.

Pungo?

Yes.

Miss Santos.

Yes.

Mr.

Napoli?

Yes.

And Ms.

Affa.

Yes.

Mr.

President, I have seven years and no nays.

Okay.

Next up, ordinances for introduction.

Our first one is Bill 46.

Bill 46 amends part one administrative legislation chapter 75, pensions and retirement.

Article 3.

Police pension fund by adding a new section 75-53 limited deferred retirement option plan.

Okay.

Any comments or questions from the public on Bill 46?

Okay.

This will be referred to a special committee that I believe we have scheduled on June 10th at 630.

Next up.

Bill 47 amends the 2026 Capital Fund Budget to provide for a supplemental appropriation of $649,139.15 cents from the Acquies Film Forming Foams class action awards to offset the cost of any PFAS remediation systems.

The city is required to install under federal and state regulations.

The 3M settlement payment will be made in eight more installments through 2033.

The first settlement payment from BASF is in the amount of 190,684 and 62 cents.

Additionally, there was a settlement payment from TICO in the amount of 458,454.53 cents.

The total of these sources thus far is $649,139.15 cents and represents 95% of TICO and BASF settle claims.

The total amount of settled funds the city has received thus far through its participation and PFAS affirmative litigation is $3,774,965 and 12 cents.

Okay, thank you.

Um any questions or comments from the public on bill 47?

Okay, this will be referred to our public works committee that's Vice President Mota's committee.

Thank you, Mr.

President.

You're welcome.

And looks like Bill 48, last one.

Bill 48 amends the 2026 Trexler fund by authorizing a supplemental appropriation in the amount of 322,955.50 to the parks and recreation department to support the operating and capital budgets.

This is inclusive of the city match required in the agreement, which needs to correspondingly increase $18,280.50 to follow the six percent match requirement.

This is part of the 2026 Trexler Capital Project Allocation.

Okay.

Any questions or comments from the public?

Bill 48.

Okay, this will be referred to Parks and Rec Committee, which is uh council councilwoman uh Miss Santos.

Thank you.

Okay, we do not have any resolutions for introduction.

Any new business?

Okay, good and welfare.

I did want to mention quickly, um, city council is uh currently taking applications for the vacancy in the controller position.

Uh if anyone is interested or if you know anyone who you think might be interested, uh direct them to our city website, Allentown PA.gov, and that has more information regarding the position and the details.

Um we encourage uh all to apply.

Um any other good in welfare?

Um good job, everyone, um, and I appreciate all the effort in this meeting.

Um, this meeting's adjourned.

Thank you.