Legal Update

Middlesex families take the data center fight to the Environmental Hearing Board and County Court

All meetings

Board of Supervisors · Meeting

Wednesday, June 3, 2026

50 min

PAX-1 was not voted on. A community benefit agreement presentation for Carlisle Development Partners was called, but none followed on the recording. Four people spoke in public comment. One asked whether a residential advisory committee would serve the same purpose, and another asked the township to post project files online. Two residents later said their well water had more debris since blasting began and asked for well testing. The board hired two police officers, extended the Ahold Delhaize solar review to September 17, and engaged Stevens & Lee as special counsel on the zoning appeal.

All meetingsBoard of Supervisors meeting · Wednesday, June 3, 2026
42:17 / 49:46

This transcript was generated automatically and may contain errors. Check the video before quoting anyone.

Call to Order and Pledge of Allegiance

Unidentified speaker

We call the Middlesex Township Supervisor meeting for June fourth order. Bobby, would you lead us in the pledge?

I pledge allegiance to the flag of the United States of America, and to the

Republic

for which it stands, one nation, under God, indivisible, with liberty and justice

for all.

Public Comment

Presiding officer

Before we go to public comment, let me again basically reiterate the rules. You have three minutes, and you can't give your time to somebody else. It's your time, your personal time. So do we have anything? Yes, sir Ed. Go, please.

(Laughter.)

Earl Beam

This is a comment for..., is that correct?

(Laughter.)

Presiding officer

Correct.

Earl Beam

Yes. Yes, sir. Good evening. Earl Beam, Country Club Road. Last month I sent a letter to the township supervisors. I was told today some things are coming up. But one thing I'm... I asked why we couldn't have a residential advisory committee. I see on your schedule you have tonight for something about a community benefits. We'll, we'll be discussing

Unidentified speaker

that when the ag-agenda item comes up.

Earl Beam

Would the said community benefit be the same thing if I had a residential advisory committee? That's why I'm asking.

Presiding officer

Okay.

Earl Beam

Thank you.

Kelley Brickey

All right. Kelley Brickey, Elizabeth Way. I would just like to remind everyone that the Stewards of Cumberland County are having their data center town hall on Thursday, June the eleventh at the Carlisle Theater, located at West High Street in downtown Carlisle. The doors open at six o'clock. The event is expected to run between seven and nine PM. The town hall structure features a panel of experts on water, power generation and usage, municipal government and zoning, and current Pennsylvania data center legislation. Everyone's encouraged to attend, to ask questions, and learn more about the potential local impacts of daters-- data center development

Gerald "Bud" Grove

in general.

Kelley Brickey

Thank you. Okay.

Hilda Vazquez

My name is Hilda Vazquez, Buckeye Lane, Country Manor West Community. I wish to address a serious of irregular-- potential violation of municipal regulation that are gravely affecting the residents of Country Manor West Community. During the recent appro-approval process for PAX-1 project, a change in land zoning shifting for RS to R4 became evident. It is imperative that the municipality clarify whether the mobile home park enjoy any for-- form of protection based on preexisting grandfathering. We are concerned about the existing of a legal agreement of... between the park owner, Frank Verano, and the MTMA. An agreement which by its own term could only be rescinded if both the MTMA and Mr.

Verano mutually agree to do so. We would like to know whether the resi-rescission of said agreement has been contemplated, or if the party intend to continue operating under its term. This agreement pertain to an assessment. I question how this agreement impact resident right and the functioning of the community, and in particular, whether it hinder the municipality ability to investigate complaint filed against the park. A chronic lack of respons-responsiveness to resident over the years. I have filed multiple complaint with the municipality without receiving any substantive response. Currently, we face evident deterioration within the community, including street in poor condition and inadequate lighting. While our monthly rent continue to ri-to rise, to-- we, we do not receive service commensurate with that cost.

As we are com-compelled to live under a monthly to month contractual model. Fear of administrative re-retaliation. The park administration is enforcing internal regulations selectively. Resident report receiving violation notices of the... for issue not explicitly addressed in the contract, such as decorative item. Which is perceived as an intimidation tactic designed to dissuade us from exercise our right to demanded improvement the municipality must enforce all ordinance and laws equal without bias or selectivity. This is the water what we receive because the water don't come good. Thank you.

Kyle Gerber

Hi, I'm Kyle Gerber, Bernheisel Bridge Road. I just had a quick question. I had asked the planning commission if the township would consider making data center plans and files, that they come in and are given to the township, available to the residents in some type of online file sharing system. The rationale being these are accessible to us, or at least the ones that are accessible to us through Right-to-Knows we could ask for. And it just takes us longer to have to file Right-to-Knows. It takes the township longer to have to process those, and we could be asking more informed questions if we had more up-to-date information as this project continues.

And, yeah, just I didn't know if the township had-- has considered that at all, if you had any thoughts on that or any update on that.

Presiding officer

To my understanding, um...

(Paper rustling.)

Code enforcement and MS4 officer

Is it all the way up?

Dr. Phil Neiderer

It is. But my, my understanding is that a lot of these plans when they, they come in have copyrighted information that they cannot be shared. Mark, you can correct me if, if I'm wrong, but that's my understanding of why these plans can't be, you know, put onto the file share drive because they're copyrighted plans.

Kyle Gerber

Sure. And I get that with the plans, but there's other files that pertain to the project, certainly, like permits or file, things like that, I guess.

Dr. Phil Neiderer

And I guess you-- if you can give us a list of what particular files you're interested in- Mm-hmm... we'll have to look to see if those are things that we can, we can share with the public or not.

Unidentified speaker

Yeah.

Dr. Phil Neiderer

Okay. Thank you. Appreciate it. You're welcome.

(Throat clearing.)

MS4 Stormwater and Country Manor West Water Report

Presiding officer

Anybody else? Seeing none. We're gonna move on into our next item, MS4

Code enforcement and MS4 officer

stormwater. Our project eight has been completed. They've checked all their punch list at the head. We're just waiting now since they put the plantings in and the seeding of the grass and everything. We're waiting for that stuff to come up, and then we'll go and do our final inspection for that, and that should be completed then.

Presiding officer

That's the stepping project.

Code enforcement and MS4 officer

That's the- Okay.... Frame. Yeah. Right. The other thing was is, here on the first of June, we got a message from Representative Gleim's office. They were being bombarded by phone calls from residents of Country Manor with water concerns. And so I contacted the park manager. They said they do have low water pressure because they had two different water breaks in their main line. One was up Ch- Cherry Lane, and the other one was up by Cypress Lane. They had to go and put PA One Calls in over the weekend.

This last weekend, they had a crew out there and fixed those two water lines. And they're working closely with the count-- Department of Health and also DEP. In fact, on Friday, after they had all this stuff done, they submitted water samples and water pressure samples to them, and they're gonna continue for the next two weeks submitting those to DEP and to the Department of Health for water quality and water pressure. 'Cause that's a private system. That's- That's a private system. The, the water authority goes and- Yes... supplies them water to the water meter. Right. And then after that, it's the responsibility- Yeah...

of the mobile home park- Yeah... to be responsible for that. They had another complaint about the water was bubbling up underneath one of the homes. And they went and tracked that, and they found that it was an abandoned sewer line that was on Aspen Drive. It was at the top of the hill. The underground water li-- or water, groundwater was seeping into that pipe and going downhill, and it was bubbling back up in the rear of this mobile home. So they're trying to go and figure out how they're gonna go and solve that problem. But- That's what... Aspen's the one that goes straight in, straight out.

No. It, it goes in, when you come in, then you take the immediate right- Okay... and then you go up the hill. Okay. All right. But that was on Aspen Drive. And they're working on possibly removing that pipe or else-

Presiding officer

Capping it... yeah

Code enforcement and MS4 officer

so if the

Minutes and Bills

Presiding officer

groundwater doesn't go through them. Okay. Sounds like a plan. Keep us up to speed on those, will you? Okay. Uh-huh. What else you got? Anything exciting? That should be it for MS4. Zach, do you have anything on MS4? Nothing,... Okay. All right. Let me make a motion to approve the minutes of May the 6th. Do I have a second? Second. All in favor? Aye. Aye. Let me make another motion to authorize the payment of the bills for June. Do I have a second? Second. All in favor? Aye.

Code enforcement and MS4 officer

Aye.

Department Reports

Presiding officer

Okay, going down to reports. Solicitor. I have no report this evening.

What a shock. Engineer? My, my report is pretty much the same- Farther, farther in. Yeah, okay. Police? You have a copy of my report. I didn't s-see anything on there crisis-wise. No, I wouldn't. Since April- There were over 900 calls last, last month and 50 the month before. And you all ha- you all handled the situation down at the..., I guess

(Laughter.)

Dr. Phil Neiderer

so. Is, is it anything you can enlighten the public about in terms of that situation, if the public may have safety concerns?

Presiding officer

Well, there's, there's no safety concern, but it's an active investigation.

Okay. Okay. Fire and EMS?... Got nothing? Nothing. Everything's in good shape? Yeah. Bobby, do you have anything to add? I do not. Okay. Tony? I've given you this to permit, so- Okay, good. Thank you. Code enforcement, we're back to you. You can

Code enforcement and MS4 officer

Presiding officer

on page two of my report.

Code enforcement and MS4 officer

I saw. You'll see an update of the... And right now, before they can do any demolition, they found out that they have to do an environmental, get a environmental consultant to perform hazard materials and asbestos surveys before they will go in and do anything. However, they did contract Patriot Wrecking LLC of Mechanicsburg- Yeah... to go and do the boarding of the first four windows and doors below, or 10 feet below. And they will be cleaning up all the debris in the front and on the back of the property, maintaining the grass. And they're still waiting for the utilities to go and complete their shutoffs on the building.

At

Presiding officer

least the new ownership is making it happen. Yes. Yeah, which we haven't had in the past. Thanks, Ed. Thank you. Municipal authority, I'm the rep for that. Everything is spot on as we'd planned. Working on that second well, that's going well. Huh. The well's going well. Yeah. So I really have nothing else to report there. Road master?

(Laughter.)

Road and Manager Report

Zach Zook (Township Manager)

You have my report for the public works side of things. Yeah, I... meeting at... May was a nice month. We got some head jump on some things. One was line painting on stop bars and crosswalk. Typically, we take some warmer, advantage of warmer days to do that, so the guys did start on some of that work. Kevin was out mowing some of the roads. They try to get a lot of stuff, like just a single pass done- Right... before Memorial Day weekend and that travel. Now he's going back and starting to actually mow things back a little more.

Presiding officer

Okay.

Zach Zook

We also got the splash pad. It actually opened up yesterday, so the guys spent some time throughout the month of May- Working on that... working on that, getting everything ready to go for that. Actually still tweaking on a couple issues. Still working on some issues they had, had this morning, but other than that, that's it for the road side. Manager side, we did have the two executive sessions. We had one on May 21st for talking about potential litigation issues, and we had one on May 29th talking about some personnel that's gonna be later on the agenda here tonight.

Also we're looking at maybe two things. For the planning commission meetings, actually looking at contracting a company to come in and do the minutes. Eileen's been doing them here the last couple months. Obviously still minute for these meetings, still minute for the PC meetings, so we're gonna try to maybe save some time for her- Sure... and work with another company to do that. And then we're also looking at maybe subbing out payroll, trying to get a company to come in and take care of that for us. The other responsibilities going on.

(Throat clearing.)

Presiding officer

Eileen, did we look into that before? The payroll, subbing it out?

(Throat clearing.)

Eileen Gault (Secretary-Treasurer)

Um-

Presiding officer

There's something that sticks in my mind that we did-

Eileen Gault

No, you might be thinking about the water board. They did talk about that.

Presiding officer

Oh, right. I got mixed up.

Unidentified speaker

Yes.

Zach Zook

And then the last thing, we are into the last year of our contract for trash. So we're beginning to start that process again. We're gonna meet with a couple trash contractors to see what maybe the latest things are that's going on, and then prepare an RFP. So-

Presiding officer

Good

Zach Zook

... we'll take a look at that.

Presiding officer

Do we have any idea who the respondents are gonna be?

Zach Zook

No.

Presiding officer

Okay. If we're down, we've only got three left in the area really.

Zach Zook

Yeah. So that's

Secretary-Treasurer Report and Local Services Tax

Presiding officer

all I got, Mr. President. All right. I appreciate that. Thank you. Secretary Treasurer?

Eileen Gault

Okay. In my package, you'll find the treasurer's report that does all the funds that we have. It shows the previous balance. Again, this just covers May 1st- Some of the things that might not be on here, this is a week of payroll. It hasn't been completely processed, so those amounts are not reflecting on this report. Do you have any questions on this?

Dr. Phil Neiderer

No. Either of you gentlemen? No. In terms of the LST, we've talked about this with construction workers at the data center site. Are we getting LST payments from those workers at this time?

Eileen Gault

At the construction site? Mm-hmm. That, I will have to look into. Okay. Yeah. As to how that works as far as, especially if whether they're local or not. Yeah. Yeah. Okay. I will look into that.

Dr. Phil Neiderer

Yeah, so it was my understanding the local services tax should be paid- Right... to the municipality where you're actually working, not, not where you're from, not where your employer's from, but it should be the location. Yeah. And then I don't know if we have to reach out to Cumberland County Tax Bureau to, and figure that out. Yeah. I think that would be good. Yeah, we're

Presiding officer

probably gonna reach out to local, to Cumberland County and then-

Eileen Gault

Right

Presiding officer

... you know, I think the developer down there has a good way of tracking who's there and who's not.

Eileen Gault

Right.

Presiding officer

Penny, right?

Eileen Gault

Well, Penny is the director of- Director, okay... the tax bureau, yeah.

Dr. Phil Neiderer

Yeah.

Eileen Gault

Yeah.

Dr. Phil Neiderer

I think it would be nice to know that people, you know, that are coming into our township and are working, and they should, you know, owe us their payment, we should make sure that we're getting it.

Eileen Gault

Right.

Dr. Phil Neiderer

That it should be coming off their payroll.

Eileen Gault

And that was the other report I had in there was the, for the month of May, the earning of taxes and all the local services taxes.

Recreation Report

Presiding officer

So are you gonna give me an idea of what's going on for recreation or?

Eileen Gault

Summer playground starts next week. Oh, cool. There is fall festivals coming up in September, and that's just about it. Zach mentioned the opening of the splash pad. Yeah. And then this isn't rec related, but it kind of is, the police night out is coming up in August, correct? Yes. Yeah. So we're gonna kind of work together even though it's not- Well, just like last year, right? What's that?

Presiding officer

Gonna do it through like last year?

Eileen Gault

We did do police night out last year.

Presiding officer

We did? This is national night out. Yeah. Okay. All right. Yeah. All right. Okay. Let's go to unfinished business, discussion and possible mo- motion on extension of review time for preliminary final land development plan for Ahold Delhaize solar development unit. Until? Until 09/17/26.

Unfinished Business: Ahold Delhaize Solar Development Extension

Gerald "Bud" Grove (Township Engineer)

Got anything on that, Buddy? Requested an extension. They're in the process of addressing a number of things from my latest, or my last, memorandum. They need more time.

Presiding officer

Okay. So let me move that we give them more time until 9/17/26. Do I have a second? Second, sir. All in favor? Aye. Aye. Next, discussion and possible motion on the release of maintenance security for the Jack Williams Tire land development plan.

Unfinished Business: Jack Williams Tire Maintenance Security

Gerald "Bud" Grove

Okay, this is truly unfinished business. You have a memorandum from me dated June 2nd, 2026. Bottom line, I'll just go to the bottom line first, and that is I'm continuing to recommend that you not release security. So I'm asking you to deny their second request for release of security. And the memorandum outlines, I was pretty much satisfied with everything except for the work they did around the parking lot islands. And I think I summarized- Yeah... that pretty well with those rocks, boulders- Yeah... and vehicles actually getting

(Laughter.)

Code enforcement and MS4 officer

stuck on top of them.

Gerald "Bud" Grove

Yeah. So that's my recommendation to you is to not release the security. At this time. Basic- my recommendation should say that you deny their request. Okay. Have they done any?

Presiding officer

Oh, yeah, they've done it once then.

Deny the request. Let me move to deny their request at this time.

Earl Beam

Second.

Presiding officer

Discussion?

Earl Beam

Deny.

Presiding officer

All in favor? Aye. Aye. New business. Okay. Presentation community benefit agreement-

Eileen Gault

Here

Presiding officer

... for Middlesex Township on behalf of Carlisle Development Partners-

New Business; Comment from Steve Beatty, Shady Lane

Unidentified speaker

I wanted to say something about that... and PAX-1. Sorry. Go ahead. Sorry, I wanted to say something about the Ahold development. I just wanted to put something in for our family there. Your name? Steve Beatty, Shady Lane. Sorry for interrupting you. Go ahead. Thanks for the time. So I stand before you tonight representing my family that is 240, Shady Lane, Country Air Kennels. We live down there, we've been there over 40 years. And pretty much before I address our concerns, I wanna be very clear that we do not have an issue with the solar project itself.

In fact, I'm actually currently building my own home right next to the proposed site. But our object- our objection is not about the technology or the neighbor, it's about the process and the projection, and the protection of legal rights. Our family has sincere concerns regarding how this development infringes upon existing recorded deed restrictions, and for two years this project has been in development, yet throughout the entire period- We were never once consulted about it, and it was only three months ago that we were finally approached, not for a conversation, but with a, for a request to remove those restrictions solely for the benefit of the developer.

More concerning is that the Giant Company, a multi-billion dollar entity, has recorded a termination with this township claiming to remove these deed restrictions without our family's

approval.

This action is, in our view, unlawful, but these restrictions cannot be terminated unilaterally. It is deeply disappointing to see a large corporation act as though they can bypass the rights of long-standing local families, perhaps under the assumption that we wouldn't have the resolve to stand our ground on this. Furthermore, there's the matter of our private road. While we have always welcomed our neighbors to use this road, we have never granted permission to the Giant Company or any affiliated parties for construction or emergency services access towards this project. A private road remains just that, a private property, and its use for a major industrial project requires a level of consent that was never sought by us.

Frankly, we are disappointed, and we value our relationship with the township and our neighbors immensely. We believe these issues could have been resolved much more easily had we been brought into the conversation during, like, the early planning stages. But we're here today because we wanna find a path forward that rests on sound legal footing and protects everyone's interests. We remain hopeful that even though at this late stage we can establish a constructive dialogue to solve this. But I just wanted to make y'all aware of this. Refresh my memory exactly where they wanna to put the farm. So it's... If you know where the turnpike is in Ahold, the Giant Corporation- Yeah...

if you go down Shady Lane, go over to Letort Springs- Uh-huh... and then once you kind of pass the Kitchen Shop, Hoffman's area- Right... then it's about a 25-acre solar project that they're looking to put there. On my own- So I own... Oh, sorry, go ahead. It's okay. Yeah, so I own like three acres there. Right.

Gerald "Bud" Grove

Yeah.

Unidentified speaker

But our family used to own it, and when we sold it, there were recorded deed restrictions on that property, and thus what ended up happening was they developed all their plans, and they never talked to us. They completely ignored the actual deed restrictions on there and are not building the road where they're supposed to. They're building within the distance discrepancies that were put on that deed restriction. And we got, you know, a call from them, or we were contacted by them three months ago saying, "It's in everybody's best interest you sign these restrictions off." And we're like, "What?" Yeah. And then the funny thing is why would their lawyer contact us with removing deed restrictions and then Giant at the same time submit something for terminating those deed restrictions?

So it means they must need our deed re-- you know, they must need our approval. So, and we-- They're pretty much not wanting to talk. I've sent a letter to Ahold themselves, to their real estate management team. We've sent, we've recently sent stuff to the township just to make people aware of it, and then we haven't really heard back from them. So i-it's something we don't want to be in, frankly. Like, 'cause like I said, we were okay with it, but then they're trying to do whatever they want back there without following the rules. Typical government. So that's kind of the boat we're in.

And we've already racked up thousands of dollars in legal fees just to protect ourselves or just to deal with this, you know, not a big, you know, we pick up shit at 6:00 AM in the morning. You know, we're- You know, it's a boarding kennel, and it's two houses

(Laughter, three separate bursts.)

Gerald "Bud" Grove

back there. That's right. So- The, um, I guess the reason they contacted you is because one of their, I think the first submission, one of my comments was, "There's a deed restriction on this property."

Dr. Phil Neiderer

Mm-hmm.

Gerald "Bud" Grove

"Please address it." I asked them, it's a private deed restriction, to address it. I brought it to their attention. Thank you.

Unidentified speaker

Um

Gerald "Bud" Grove

and took a while, but finally they contacted or submitted to us with one of their submissions documentation that indicated that the deed restriction was removed. Was- By, by who?

Township Solicitor

By, by Giant. They did the docu-

Kelley Brickey

Can I ask a question? I don't know, I'm just asking.

Unidentified speaker

Yeah. Sure. Go ahead. Go ahead.

Kelley Brickey

I didn't... That's why I didn't know, that's why I was asking. Did we receive these? I'm sorry.

Police Hires and Resignation

Unidentified speaker

I think Kelly had her hand up.

Kelley Brickey

I do. Go ahead. I have a question. I just, just out of curiosity, are these positions filling current vacancies or are we adding to the police force, increasing the force?

Dr. Phil Neiderer

There, there's been two vacancies for some time, and then we have a retirement that I think is a little further down the agenda. So we're not adding positions. All right. They're all basically replacements.

Viola Byerly

Thank you. That was my question as well. Thank you. You're welcome.

Dr. Phil Neiderer

All right. Discussion and possible motion to hire Tyler A. Thomas as a full-time police officer effective July 2nd 2026 with the following conditions: Successful completion of requirements of Act 120, successfully pass all MPOETC certification exams, and three, serve and complete one-year probationary period with starting salary based on current collective bargaining agreement. Second. All those in favor? Aye. Aye. Yes, we do. Thank you.

Presiding officer

What did he say? We, we voted on the first one. Yes. Yeah. Yes. Yeah. Yeah, did we skip the question after we voted? After we voted.

Dr. Phil Neiderer

Okay. Discussion and possible motion to hire Frederick J. Lewis as a full-time police officer effective July 3rd 2026 with the following conditions: One, successful completion of requirements of Act 120, two, successfully pass all MPOETC certification exams, and three, serve and complete one-year probationary period with starting salary based on current collective bargaining agreement. Second. And again, I think we discussed this, you know, we kind of met with all these people today. Chief has met with all these people. They all seem like really fine- Good people... upstanding young men. I think we're lucky to have people step into this role in Middlesex Township, and I think we're lucky to have a police force in our township.

I'd much rather have our own police force than be South Newton and rely on the state police. So I'll make the motion, and you second it. We- Yeah... all those in favor? Aye. Motion carried.

Presiding officer

Discussion and possible motion, motion to accept the resignation of Detective Jeffrey Franks as a full-time police officer to a part-time police officer of Middlesex Township Department effective July 3rd, 2026. Do I have a second? Second. All in favor? Aye. Discussion and possible motion on behalf of Cumberland County Facilities Management for a waiver of stormwater ordinance number 2015, uh, 11 for a proposed walking trail on county property along Claremont Road. Question.... Mark, do you- I- Do you have any

County Walking Trail Stormwater Waiver

Mark Carpenter

any concerns? We looked at this proposal. The county would like to create a, I forget the exact length of it, but it's a linear walking trail around their property off of Public Safety Drive, off of Claremont Road. It's about a 25-acre property. I think the development would have very minimal impact. It's, like, a three to four-foot wide trail spread over the whole area. Most of it is grass, so any stormwater would sheet flow off of that. Bud, anything

Gerald "Bud" Grove

to add? Yeah, Mark, Mark asked me to- Okay... take a look at it, and I did. And Zack brought it to my attention the other day, is, due to the fact that it's spread throughout the entire- Yeah... property and, I see very little impact. Right. So I don't have a problem with- Well, it's-... recommending that you grant the waiver.

Presiding officer

A- A-...?

Gerald "Bud" Grove

No.

Presiding officer

It goes behind the building.

Zach Zook

It is open. It's gravel. Yeah, it's gravel. It's gravel, too. So I know some engineers consider it impervious. I think some consider... But it, I mean, it's gonna be a gravel walkway, not a paved walkway.

Unidentified speaker

Cool. Gravel can turn into... That's why.

Dr. Phil Neiderer

I just have to recuse myself from the vote, because my wife's a Cumberland County commissioner. Oh. And it's a.7 mile trail.

Unidentified speaker

Where is it at?

Dr. Phil Neiderer

What? It goes behind, behind Public Safety, along the tree line on the- North... eastern portion. It goes up along the railroad track, comes back behind Claremont Nursing Home, and then back up. Okay. And sort of ends near the police memorial.

Viola Byerly

Okay.

Dr. Phil Neiderer

And if anybody has stopped at the police memorial- Good... they had a nice service there two weeks ago. Chief... was there. It's a really, it's a moving place that you go pay respects to our fallen police officers who died in the line of duty. So but I have to recuse myself.

Mark Carpenter

As part of it, they're planting a liberty tree also as part of the America 250. And I think this is a public walking trail as far as I know.

Unidentified speaker

Yes.

Okay. So it's you have to make the motion.

Presiding officer

Discussion and possible- Yes. Discussion- Second. Yeah. Discussion and possible motion on behalf of Cumberland County Facilities Management for a waiver of stormwater ordinance number 6-2011 for a proposed walking trail on county property along Claremont Road. Second. All in favor? Us Okay. Next, discussion and possible motion to approve the engagement letter of Stevens & Lee as special counsel to the Board of Supervisors with respect to the pending zoning appeal. Gentleman

Special Counsel for the Pending Zoning Appeal

Township Solicitor

you're aware there is an appeal from- Speak into the microphone, please. I'll do my best. Gentleman, you're aware there is an appeal to the zoning hearing board contesting the validity of both zoning ordinances, the one from 2020, one in September two- 2025... 2025, and the subsequent one for the entire zoning ordinance. And I have a conflict, and I cannot represent the township in that proceeding, because the zoning hearing board solicitor is the assistant county solicitor.

(Throat clearing.)

Dr. Phil Neiderer

And as the county solicitor, I am her supervisor.

Township Solicitor

So that is the conflict, among others that I have, that I can't do it. So I have, you have before you- Yeah... engagement letter from Stevens & Lee. I read that. The firm does both municipal work on the municipal side, as well as development work on the developer side. And they have a proposal here for you.

Dr. Phil Neiderer

I will make a motion to approve the engagement of Stevens & Lee as special counsel to the Board of Supervisors with respect to pending zoning appeal.

(Throat clearing.)

Gerald "Bud" Grove

Second.

Unidentified speaker

All those in favor? Aye. That'll be better. Sure. Um- I would love to read that letter. I'm sure. Yeah.

Letort Regional Authority Board Resignation

Dr. Phil Neiderer

And discussion of possible motion to accept the resignation of Dr. William B. Harner from the Letort Regional Authority Board effective immediately.

Zach Zook

Yeah, Mr. Harner sent an email that he no longer wants to serve on the board. He's been on- All right, three years now, he was actually their secretary on the board, but he is stepping back from that role. So we will actually have two vacant positions, Middlesex- Full time, once a month.

Mark Carpenter

Always like to have somebody, you know-

Viola Byerly

Did we approve that?

Dr. Phil Neiderer

That sounds like a John Manta thing to me. There you go. So I will make a motion- Comprehensive

(Laughter.)

Unidentified speaker

plan, where is that one at?

(Laughter, two bursts.)

Dr. Phil Neiderer

I will make a motion to accept the resignation of Dr. William E. Harner from the LaPorte Regional Authority Board effective immediately. Do I have a second? Second. All those in favor?

Zach Zook

Aye.

Dr. Phil Neiderer

Zach?

Viola Byerly

Should we move it?

Mark Carpenter

Why don't we move it?

Manager Comments and Public Questions

Dr. Phil Neiderer

Zach, do you have anything else?

Zach Zook

Other than the executive supervisor and staff comments on- Yeah... the data center, they are gonna-

Viola Byerly

Can we go back to the garbage disposal thing? At what point are we allowed to make a comment or better ask a question on that part? For the garbage trucks, you said you were gonna go back in and you were accepting RFPs for that?

Zach Zook

Yes, that process is just starting. We have almost a year to do that, so next March, I believe, will be the new contract. Okay. So yeah, we're gonna start getting things together for that. Okay, 'cause it's been really expensive.

Viola Byerly

Is there any way to get back to buy the, buy the bag tag? Because you have a lot of senior citizens in this community that cannot afford the mandated fee that is required every quarter. I mean, there are people, o-one, some 12 in our group, that do not use that service except for once a month, and they are on fixed incomes, and they're not the only ones. I really think we need to consider going back to the tag back to those... We have a lot of older people in this, in this gr- in this particular community, we need to give them an option other than $100 every quarter for a service they do not use.

Zach Zook

That's a good input. I like that. I know that I've seen some haulers actually start going to the low volume, the smaller containers. Smaller

Viola Byerly

containers? Yeah.

Zach Zook

That'll probably be something we look into as well, so.

Viola Byerly

Thank you.

Zach Zook

Thank you.

Viola Byerly

Appreciate it.

Zach Zook

As far as the data center, they are gonna be starting to blast again.

Unidentified speaker

No, they already have.

Zach Zook

Yeah, they were gonna- They're there. Today was gonna be their first day

Unidentified speaker

uh- No, they've already blasted before today.

It started today. Today, yeah. No

Viola Byerly

it's before.

Zach Zook

I've been here. Okay. But yeah, that'll be going on for many days, I think almost 70 days. So they're gonna be... They have a couple blasts left in phase 1A. Yep. And then from phase 1A, they're gonna start in phase 1B. So they're moving along. That's on the back side, right? Yeah, it's the north side. It would be- Yeah... the north side closer to that Country Manor, the little one there.

Mark Carpenter

All

Presiding officer

right. You got anything else

Mark Carpenter

Zach? No. Me? Mark? They reported to us also they are putting water down for dust control at the site. I know they put it in- Some of the residents

Presiding officer

report that it's not adequate, but they are putting lots of water down- Yeah... to try and control dust. And they're sweeping Country Club Road, I think, once in aft- late in the afternoon. Mrs. Byerly, what was your question?

Viola Byerly

Where are they getting the water from? Because it looks like they connected directly to the h- to the fire hydrant on the side.

Mark Carpenter

Correct. They're purchasing the water from Middlesex Township Municipal Authority through the fire hydrant.

Dr. Phil Neiderer

And it's metered.

Viola Byerly

It is. They're being charged.

Mark Carpenter

Yes.

Viola Byerly

Okay, I just wanted to make sure, right? That was one of them, and then I appreciate the du- the water. Do I need to stand up? 'Cause I just wanna make sure that I'm not, you know, that we're all okay.

Eileen Gault

So putting the water down is appreciated.

Viola Byerly

I'm just gonna tell you the whole solar panel thing at my house right now is not producing as much as it typically does, and the dust on my solar panels is ridiculous. What I can get to, I can wash down, but there's no way to go to my second story, right? And this is impacting, again, not only my quality of life, but fi- financially it is impacting me as well. I rely on solar in order to reduce my bills at my home. So, you know, anything we can do to help mitigate that i- is definitely appreciated, and I do appreciate that.

Dr. Phil Neiderer

Yeah. And they have, they will have pretty soon two trucks. They'll be running throughout the construction time, the six days a week.

Viola Byerly

So what happened to us getting five days a week? We talked about this. You heard us, you said, "Hey, let's see. Is there something we can do?" And we never heard back. Really, can we not only have construction five days a week?

Dr. Phil Neiderer

Well, from what I understand today, that we, that we don't have a zoning ordinance that can enforce that sort of schedule. We don't have any type of ordinance.

Viola Byerly

Great. So I want an amendment to the zoning ordinance, just like...

Mark Carpenter

Well, it's- It's not typically the zoning ordinance, but- Well- Is it the agreement- So we know how to do it...

Presiding officer

that construction time is 6:00 AM to 7:00

Mark Carpenter

PM.

Viola Byerly

No

Mark Carpenter

6:30

Viola Byerly

Mark.

Mark Carpenter

6:00 AM to 7:00 PM, Monday through Saturday.

Viola Byerly

It says 6:30 to 6:30, Monday through Saturday. You guys- Ma'am

Mark Carpenter

I'm just telling you what the agreed upon time is now.

Viola Byerly

But why?

Mark Carpenter

Because that's what it is. I, I'm just reporting-

Viola Byerly

So change the agreement. That's what I'm saying, Phil. This is not okay.

Dr. Phil Neiderer

Right. But we cannot enact any amendments that will change a plan that's already in place.

Viola Byerly

This is what I'm talking about. You're not fixing it.

Dr. Phil Neiderer

Right. We can't fix that. We can't fix it.

Viola Byerly

Figure it out.

Unidentified speaker

It's the law.

Viola Byerly

So I'm supposed to live in misery and so are my neighbors because somebody did not think ahead before they put this to an industrial zone. Thank you. Mark, Mark, right here

Well Water and Blasting Concerns

Earl Beam

You're last up, go ahead. Yeah, it's just a question to answer for..., Country Club Road.

Unidentified speaker

Um- Good question...

Earl Beam

I'm gonna bring this up tomorrow night when we have a meeting at, uh- The barn... at the barn here. But I wanted to bring it up here tonight, see a little bit of information on this. We talked about before when the people from PAX was here about our water, they showed you a jar of the water. Okay. Two of our wells on our street, I've never ever had dirt in 35 years- Yeah... in my water. My water filter in a week has filled up, so that means that's one thing, the blasting has affected us. Mm-hmm. And when the gentleman was sitting here, they never ever come to say what, if they're gonna have any responsibility...

Before I really didn't push the issue, but it is affecting us, not only-

Viola Byerly

It does. We've had the same thing with our- Okay. The water in there-

Earl Beam

Yeah... two net doors, two doors down, he has water. And the second thing is, one time they were here, we talked about water testing from the blasting. It's a proven fact when they were blasting, I s- my mind's not the best, I can't remember what was it, it's going down through and it's putting chemicals in our water. The gentleman said one time, he was sitting here, about testing our water. Can that be brought back up to them about we should have our water tested now since we're getting effects from the blasting?

Dr. Phil Neiderer

Yeah, well, we certainly had this discussion right at the last meeting and they said that they would address it, and apparently they have not. So I would certainly... You're gonna have the meeting with the blasting company tomorrow, right? Correct. And I think there's gonna be two other meetings for, you know, other residential areas. I think one for Country Manor- Yep... and then one for the Meadows. And I think that maybe Elizabeth Way is in there too. I don't know if you're going to the one tomorrow night or not. But I certainly would bring that up to them.

And it's something I think we'll have to reach out to them. I don't know if that's a Mark thing or a Bud thing, you know, to reach out to the developer about w- what's the plan with the wells, because they specifically said that they would come up with a plan to, you know, to test the wells and to fix the wells if something was wrong.

Earl Beam

Correct. I didn't know if anything had been brought to

Unidentified speaker

the group here that we didn't know anything about.

Zach Zook

Not that I'm aware of. No. But I'll reach out to Petri and the blasting company, let them know. But it's your well, and then if you give me the name of the other one, if in fact- Matt and Paul Patrick...

Viola Byerly

Paul Patrick. Okay. Ours are. Our, we're having to change our filters more than ever, so we've already had to repair our dishwasher once. And I'm not saying it's from this, but we are certainly having an impact of greater debris coming through our filters, so we're having to change them much more often. Just so that you're aware, Phil, they talked about the meeting we have tomorrow night. There were four of our neighbors that never received invitations, the door knockers that were put on the doors to the meeting tomorrow night, so we did share with you that information so they could register and attend. But I just wanted to let you know if they can't 12, count through 12, then you might have a problem with the other neighborhoods.

I mean, I'm not being sarcastic, like- No, that's true... I'm being serious. I think I forgot one. You know- I'm gonna call one... it, we're... Listen, there's only 12 of us, and you missed at least four. So for those of you that, again, are my neighbors, I apologize. There's a meeting at 6:00 PM tomorrow night at the barn. Yeah, I've got three.

(Laughter.)

Unidentified speaker

So

Viola Byerly

I've got one more. Yeah. So, you know, I just wanna let you know that they're not doing 100% follow through, so if they're gonna address the water thing, maybe we could have somebody that can actually look into that and make sure they're doing it appropriately. Thank you. Thank

Earl Beam

you. Thanks. Thank you, Zach. I called you today about some trucks coming the wrong, down the wrong roads. I appreciate you looking into that.

Viola Byerly

Thank you.

Phase One Map Question

Hilda Vazquez

Okay. I have a question for Mike, because I'm confused. The area for the PAX working now is a phase one. Phase one. I found here in the paper that phase one is already in the map, but around 10 years ago. Why? In the same area. Yeah, so- If the zoning is, it happened in 2025.

Mark Carpenter

I don't have any answer, Hilda. I don't know what you're referring to.

Hilda Vazquez

Well, I have here a map when, when MTM-, when MTMA expanding the pipe for Country Manor West, I have here the map show is a phase one. That is already phase one. Why, if the project start two years ago, one years ago-

Unidentified speaker

Hilda

Hilda, I don't know what you're talking about.

Dr. Phil Neiderer

If, if you would- Sorry... be so kind as to just share the map with us, and you have a... And how do you know the date of that map?

Hilda Vazquez

That map is for, let me tell you, it's 1996. It's already say it's phase one. All

Mark Carpenter

right.

Hilda Vazquez

You planning in 1996-

Mark Carpenter

Every development, every development has a phase one. The PAX-1 project just came to light in 2025, so I'm-

Hilda Vazquez

I know... I

Mark Carpenter

don't, I think you're confused, and I'm not sure what-

Unidentified speaker

That's why I asking you.

Mark Carpenter

Okay.

Hilda Vazquez

If the project start in 2025, and now it is phase one, why in 1996 the same land is phase one too? Your, the project is already planning in 1996 and now it's starting or- No, I think that the plan-... is it just have other project, other project?

Dr. Phil Neiderer

I think the plan you're looking at was the housing plan- Yes, yes... for Pantera and Cumberland Knoll. It is. It is. It was a planned housing development. And I'm- Okay... I'm fairly certain that's phase one for the housing development.

Hilda Vazquez

And they put in phase one too?

Unidentified speaker

Of course.

Hilda Vazquez

In the same area? Yes. Every plan, every plan has- Okay. Just I wanna make sure, because that is a phase one like now, and I wanna check if the project is planned 10 years ago or planning- What year did you mention? 1996.

Mark Carpenter

'96? Yeah. Yes, there was a prior development there. It was before Pantera. Okay. The owners at that time had... And every plan has a phase one. Okay. This is, what we have now is a phase 1A and 1B. Okay. You know? Okay? Okay.

Adjournment

Presiding officer

Thank you.

Mark Carpenter

Thank you.

(Gavel.)

That's it. Meeting is adjourned.

Viola Byerly

Thank you.

(Crowd chatter.)

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