Wednesday, July 1, 2026

This is the Middlesex Township supervisor meeting for July. Let's do the Pledge of Allegiance.

(Pledge of Allegiance, recited in the room.) 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.

Thank you. I'm gonna

turn the meeting over to Supervisor Neiderer.

Start with public comment. Again, this, as usual, comment is for items not on the agenda. You have three minutes to talk. Zach will be keeping time. You cannot cede time to other members. You have your three minutes. Everybody has their three minutes. And again, these are items not on the agenda.

Yes, sir.

And we, as usual, name, address, even though we know you.

Thank you very much. Earl Beam, Country Club Road. This has nothing to do with the agenda tonight. I had a question for us, and I don't know the answer to this. Being in the drought as we are, they say we're like six inches low on water. And at the country club, they installed new underground piping the way it was. They got water flying every place. So I was floating downstream, looking around, and I see where they draw water out of the Conodoguinet Creek. How much water are they allowed to draw out of there? If you look at the creek, my God, it's so low you can walk out here knee deep in places.

All right. Well, this is a comment only, so, you know, it's not a time to answer a question. But your question is you say that the developers are drawing water?

No, no, no, no. The country club.

Oh, the country club.

I didn't know when to ask you since it didn't pertain to PAX-1 or anything. That's why I was trying to find out.

Yeah, I think the country club does have a permit. My understanding is that they actually have a spring that's sort of behind the pool, that most of their water comes out of that spring. But, you know, that's one of the things we talked about, that there's a lot of other uses of water, obviously, besides data center. Country club with water sources using roughly three hundred thousand gallons of water a day when they're watering their golf course. So that would be a question for the municipal authority. Feel free to come to their meetings and ask them about those issues, because that's not under the control of Middlesex Township.

It's under the control of the Middlesex Township Municipal Authority, not the Board of Supervisors.

Okay, thank you.

Hilda Vazquez Rosa, Oak Lane, Country Manor West. Good evening to the Supervision Board and everybody here present. As a resident, I found the way a board operate deeply concerning. It is troubling to see that answering to all basic questions are almost exclusive and a single person. This unfortunately combates a clear lack of leadership and the preparedness among the rest of the Board of Supervision. It is shameful that citizens must formally reserve the R-2K law to obtain public information that the board ought to share openly. We saw the clearest example of this recently with the rezoning of Country Manor West. How is it possible that rezoning was approved for this area when there is official evidence that the municipality lack even the basic compliance documents?

I am referring to essential records as such as the latest fire safety inspection, the certificate of occupancy, and proof or compliance with local zoning ordinance, as well as report regarding the underground storage tank, UST, wells, and hazard material, hazmat, management. Approving change without this information puts our community at risk. Furthermore, the lack of transparency is evident when review the responses provided to R2K requests. It is ultra used to see a standard template using instance of direct, honest answer, and to have document we are legally entitled to see handed over in a disorganized manner, as if create obstacle preventing us from learning to truth.

With that failure, we serve supervisor who take responsibility, answer truthfully, and do not hide any information behind bureaucracy and genetic response, and demand great transparency from you.

Any more public comment?

Frank Lavatory, Ray King over, you know, in Parliament, Middlesex. I'm just kind of curious, what's the status of the Diamond Motel that's sitting there as a huge, huge eyesore for people to come in on?

We'll get to that when we go through codes enforcement. We'll have a rep... Hopefully a little bit of an update on that. I'm not sure how much we can give you because there's some pending legal issues, so we may not be able to disclose everything. I can guarantee the township is doing everything it can to speed up this process. It's been an eyesore for a long time, and I understand where you're coming from. We might have a little bit of an update, but again, because of pending legal issues, there's only so much we can tell you at this point.

Yes. All right. Let's go on to MS4 stormwater. Zach, do you wanna do that, or Jerry?

We were contacted by DEP. We're coming up on our three-year MS4 inspection. They'll be coming in on August 10th, and they'll be going over our records to make sure that we're all in compliance. They gave us a list of items that they would like to see put together so that it won't be a lengthy inspection if we have all our paperwork, documents, they'll be able to go over. And they'll do inspections on the campus and so forth and visit one or two of our MS4 projects to see how they look. Okay.

Who's they? DEP. DEP, okay.

So this is like a regulatory audit because of our permit. They come in randomly and do these inspections, but, I mean, they reached out to us. They want some of these documents submitted ahead of time to kind of view over them, then they're gonna actually do an inspection to make sure that we're doing what we're legally doing. And on top of that, June 30th is kind of the end of annually we need to do MS4 reporting. June 30th is kind of the end of that year, so we have now till September 30th to submit our annual report, so we gotta get some of those documents to submit for our annual MS4 report as well.

Okay. Thank you for the update. Approval of minutes, June 3rd and June 26th. We were sent those via email several days ago and have reviewed those. I don't see any issues with them, so I'll make a motion to approve the minutes of June 3rd 2026 and June 26th of 2026. Do I have a second? I'll second. All those in favor? Aye. Motion carries. Authorize payment of bills July 2026. I'll make a motion to authorize payment of bills for July 2026. Do I have a second? I'll second. All those in favor? Aye. Motion carries. All right.

Report, solicitor, anything?

The only thing I have to report is, at the last meeting on June 26th, after the meeting, the board held an executive session to discuss personnel, real estate, and potential litigation, and no action was taken. That's it. Thank you.

Our engineer is not here tonight. Police? You have my report.

You can actually take it for the record. We had about nine hundred calls last month. Three officers will start at the police academy on Monday, July 6th, so.

How long is it again?

It's about sixteen weeks.

Six months? Wow.

Okay. Thank you. Fire. We have both of our chief and our deputy chief here tonight. Thank you for coming. Anything to report?

You can take my report for the record, but I do have one problem I wanted to bring before the board. And that's at Harrisburg Pike, the Holiday Inn. We have been receiving a number of automatic alarms there. In fact, ten to date, six alarms within the last couple of weeks. One was this morning. I have met with the manager. He's very difficult to deal with. I'm sure Jerry can attest to this. They updated their system, but they kept the old detectors in place. We're finding some of these detectors are bad. We're finding a lot of the problem is in the kitchen areas, alarms are too close to the toasters and the ovens.

I've talked to them about relocating them. They just say move it over. So what I'm asking the board to, empower the police chief, where, after two alarms, the ordinance says you have a hundred dollar fine. I'm asking that they give two forgiven, and the other eight to be assessed at a hundred dollars each if the board is in agreement. Is that

usually assessed by the county police?

I don't know.

I think it's gonna have to be. It'll work between the fire chief and the orientation party, so.

In the past, what happens is under the ordinance for fire alarm, false fire alarm, Ed would go and report it to the chief, which was Chief Kingsborough and Chief Sherman, and then they would go and keep a track of those, and then they would go and issue citations, in order to, you know, for the false alarms. And as you saw in my last minutes or my things last month, I did go up and talk to them, because the previous alarms company said that they weren't in compliance with anything. So they changed alarm companies to this current one, and they went in, and they found that there was loose wires in the box, and so they repaired those.

They went and checked, they said they were there for four and a half hours, and they checked all the sensors by blowing the false smoke in the way you check them, and they said they all worked but one. The only issue is, like Ed said, in the kitchen area where they have served breakfast, okay? People can go up and get their... put own toast in, and they can have bagels or toast or whatever, and the smoke detectors are directly over top of them.

They have to be relocating, and I have to go up and talk to them about getting those relocating.

The other issue is, the employees at the desk have no clue on how to operate the system with that. They can go and silence it and call 911 and tell them it was a false alarm, but if they do that, then Ed or Bobby would arrive there to make sure that it's not a fire, and then they will cancel the fire department instead of having, I think there's what, four fire companies that respond there? I have three written. Three. Three. And so we're having emergency vehicles blocking roads when we don't have an emergency. And so when I go up, I have to tell him that he is going to have to go and train their employees what to do.

I had told him that the first time, but they never did. So I have to go up and tell him again, or else they're gonna go and start getting these fines.

Jerry, the manager

I've met with him a couple of times. Right. Recently, he didn't even know what the code was to call the alarm company to cancel.

Well, he showed me the book. They gave him a brand-new book, where it says fire alarm system on it. I know he was told. And you open it up, and there it is. All they have to do is open it up and read it.

So we're just asking the police to enforce what's already in the zoning, so we don't need a motion. It's already in the ordinance.

Right. Yeah, not zoning. Right. That's with the ordinance, so we don't need a motion. No. This is gonna require discussion

between the fire department and us because some of these calls, the police do not respond to, so we're totally dependent on the information they give us, whether it's a false alarm, smoke that was caused by the toaster oven. So

I think we... Yeah, that's why in my report

I started doing that for you, to indicate which was actually false and which was

maybe storm related or actual system problem, which as far as I'm concerned, a system problem, that should be invested and handled.

Right. Okay. So just enforcing ordinance. And I think we just need to make sure we do this uniformly across the township. That's correct. We can't single out one entity and we're gonna enforce it for them and not enforce it for others. But whether or not we start enforcing and they get fines, I hate to say it, but it'll light a fire under them to get something done, maybe. So, all right.

Well, council and I have been in touch

with the city now on an automatic alarm, and I'm maybe a little late in getting back to them on some of that, but

I know there are some things that I'd like to have changes on, so I'll get with them and get everything together.

Okay. Thank you.

Mark, zoning?

I've given you the list of permits for the month. Seven new houses being built. I issued the permit for the last house in Meadowbrook Farms. That development of around 250 homes started 30 years ago in 1996.

That's right.

And this is the last permit. Also, the last permit on the list there is Harrisburg Pike. That's the Appalachian Hotel. So it's nice to see somebody spending over a million dollars there. They're renovating the entire hotel to upgrade it.

Is that next to the Middlesex Diner?

Yes. Right behind it, yes. Right

next to it.

Okay. Thank you. Thank you. Code enforcement, Jerry? You can take mine, Rick. Is there anything we can tell the public about the Diamond at this point, or? The solicitor

I sent a letter this morning by email to the owner's attorney advising him that we would want the owners here in a public meeting at the end of July, July 31st, and at the end of the day, I received an email back from him saying that he's traveling, but he'll be glad to come in August. So if you want a meeting scheduled for them to be here in August, I will let them know what day or days are acceptable to you. So it'd be your first Wednesday in August or your last Friday in

August. I think the sooner the better. Yeah. And then they can face the public

I'm sure

I'll tell them that in the letter.

Municipal authority, anything?

Yeah. Well, we're still progressing with the number two well. Waiting mainly for permitting at this point.

From SRBC? Yeah. Has not been received yet? No. Okay. Roadmaster?

I'm gonna kind of start on Meadowbrook Farms. I know Bud's been out doing some inspections there. Mark just stated that they had the permit for the last home. I believe they are planning on actually turning those roads over to the township. They're working through that. I believe Cumberland Reserve is also looking at, like, phase one, having that turned over to the township, so we're in the process of doing that. I believe our deadline is August, so they'll have to be here in August to have that deadline done, because they'll be into the Smithville refuels by September, so they'll be coming forward.

You have my report for the highway. The guys have been out working. The last couple weeks, we've actually started on some storm sewer repair. Right now we're actually in the development there, Cloverleaf Acres there, by Sheetz off Oak Ridge Road, off the road. Those little inlets in there that were beginning to fail, so they're replacing inlets and actually replacing some older metal storm sewer pipes and converting them over to plastic pipes. Also, we've begun working on putting a list of interested individuals. Actually, we put something on Facebook, put something on our website, looking for individuals that may be interested in serving on the steering committee for our comprehensive plan update.

I'll present that list to you guys then, hopefully here in a couple weeks, that you can review that, and then we can make some decisions on putting the steering committee together. I know Dean Sievertsen from HRG is looking forward to getting that started. He actually plans on doing a kickoff event here, try to correlate it with one of our events. I know we have National Night Out, but I don't know if we'll be able to make National Night Out. But then we have our Fall Fest will be coming up in September, so he may try to coordinate something there to actually kick off and present the comprehensive plan, the beginning of it, begin to get feedback and stuff during one of those events, so. Okay.

Is there any update on what's happening with Elizabeth Way and Sudbecka in terms of turning those over to the township?

The last conversation I had with Carol, I'll need to reach out to her again, you know, put it back in her court. We're good with her pavings, phases two and three, which would be Elizabeth and that portion of James. Having those paved and turned over to the township. Again, we cannot put them into liquid fuels. They don't meet the regulations for liquid fuels, but the township will take care of maintaining them until she completes phase four, and completes the loop around Sudbecka, and then we can turn them into liquid fuels once that's complete. But yeah, I can reach back out to her and try to see if we can get things moving there.

Well, and we have obviously a couple of months here until school starts again. I know that was an issue with, you know, people on that road having to take children out to the school bus stop, on the North Middlesex Road. Is there any chance that the school bus would be able to go back Elizabeth Way and turn around? Well, it's a dedicated township, yeah, they'll be able to go back and turn around. Okay. Yeah, because you're a little bit closer. Okay. I actually had never, I've never been back there. All right. Secretary Treasurer.

I do not have a report from the county tax collector with it being the first of the month.

She typically does not get that report to me. So as soon as I get it, I will email it to all of you. And then the only other thing I have in there would be the, for the month of June, the general funds report. Okay. Unless you have any questions on that.

And I know we talked before, the last meeting, about the local services tax, you know, that people pay when they, the privilege of working in your municipality. And I know that's a little bit of a sticky situation and I just, you know, let the public know that we're continuing to work on this and try to figure this out. If the PAX-1 project moves forward, then there could be 1,000 or 1,500 workers, and some of those people may be being here for weeks or months, and utilizing township roads. You know, it'd be nice to, the township to get some of that local services tax.

Right. Right. So we are trying to figure that out.

And parks and rec?

You can take Denise's report to record as well as the one Scott did. It was this one, right?

Yeah.

From Scott Shirley in the park maintenance. What did I say? Scott Shirley. Scott Scheffler, I'm sorry.

Yeah.

Said the wrong name. But yeah, you can take that to her.

Okay. Thank you. Unfinished business, there is none. New business. First item, discussion of possible motion on preliminary land development plan for PAX-1, phase two. I believe you have the people here to present.

All right, Mr. Cook.

And then we will have public comment afterwards as usual. Okay. Yes. This is your, Mr. Courtney and your, the presentation. We'll do phase two and phase 1C, present them together, and then we'll have public comment after those are presented together. And again, I would just ask the people that are here just to please allow us to focus and listen to what these people are saying. It's very important, you know, for everyone in the audience to hear and the engineers to hear, and the supervisors to hear. And so please give them your attention.

Okay. As Nick is getting the laptop cued up, so this is a preliminary plan for phase two and a preliminary plan for phase 1C. So these are both preliminary plans. Phase two is a phase that includes data center buildings. This board previously approved phase 1B, which also included data center buildings. You'll see a lot of similarities in terms of layout and design. A lot of the information that we previously presented is the same information that applies to this plan. There is a list of waivers, modifications, deferrals that are consistent with the prior phase 1B plan.

And so what I will do is, we'll be brief. We'll walk through both plans, again orienting everyone as to the phasing nomenclature and phasing areas. So with that, I'll turn it over to Jake. Thanks, Earl.

And this is the same presentation you gave to the planning commission last week? Yes. Yes.

Yes. Yes.

Thank you.

So yeah, Mr. Neiderer, as you said, we're gonna do phase two and 1C at the same time. We'll start off with phase two. Phase two preliminary plan, we initially submitted this in November, November 26th of last year. We most recently received comments on June 8th, and we've also recently addressed and resubmitted county comments on June 1st, and Patrick was copied on that resubmission to the county. We have some waivers with this plan as well. They're the same waivers we've had on previous plans, for the most part. Nothing different than the previous plans, but we can go over those in more detail at the end.

So here's the overall plan, overall site, phasing plan. I'll call your attention to the dark purple, which is phase two, first part of this presentation. Phase 1A is the light blue area. That is the PPL substation and PA Data Drive portion, which received final approval. The green section to the north of the site is phase 1B, which has preliminary approval. Phase 1C is the yellow, down towards Interstate 81, the bottom of the page. That is the second item on the agenda for tonight, and that is the laydown for the construction office trailers. And then phase three is light purple, is the third campus, that is, I believe we resubmitted a few weeks ago, for resubmission.

The Conodoguinet Creek is around the northern boundary of the site. Country Club Road, which is this purple line that bisects the property, and the Interstate 81 here, this light orange near the page south. And also this purple-ish shade is the PPL right-of-way transmission line. This is the existing conditions plan. I thought this would be helpful to show. The dark purple is the office, the construction office trailer area that you currently see when you drive out Country Club Road. And then the red boundary is just the phase two boundary. Next slide here is the site plan for the campus.

You'll see five buildings. All the buildings are roughly the same size. They're approximately 156,000 square feet, roughly 200 by 900 dimensions. The blue shapes are stormwater basins. Those are shown in blue for illustration purposes to see a little easier, but they are outlined. Those basins are designed to drain 72 hours or less for PADEP requirements. The security entrance here, near the front where my cursor's kind of moving around, you can see that access point to the proposed roundabout on PA Data Drive, and then the secondary access here to the rear. You'll see some of the storage water tanks on the site.

And also, I will note that these tanks, this is preliminary. We'll be working on revising this layout when we get into final, possibly decreasing the number of tanks. That was brought up between the commission last week, so I thought it was worth noting.

And there's currently how many on this drawing? Is there... Seven. Seven tanks.

Yes.

And they're 2.5 million gallons?

Yes. Sizing and number of tanks will likely be revised at the final plan submission.

And can you refresh our memory of the acreage of this phase two? That's a good question. I think 1C is 61 acres.

Yeah. I think this one is... And I might be getting my phases mixed up. I think this is 140. 146 in my head. I think it's this phase. I could find it here in a second. That's all right. I

was thinking it was 1

127. 127 and 140. I might be getting those...

It's 141.13 on the zoning table. Okay. Okay. Thank you.

Next is the landscape plan. I'll mention these same blue shapes, the stormwater basins, will be planted with a wetland seed mix. Some of the hatching around some of the streams and the wetlands, that is riparian buffer enhancements that we're proposing with this plan. That's to enhance those areas next to those riparian areas. And now they're farmed right up to the edge of these channels and wetlands. But with this plan, we're proposing to enhance that area by adding trees and plantings and meadow mixes. There's also, you can see there's several trees around the front of the site and throughout the site with evergreen screening trees that'll be placed on different landscape berms and such around the front of the site.

And also the green area is either lawn or meadow mix. Most of the lawn areas will be with the interior of the site and the security fence area, and then a lot of the other areas we plan it as meadow mixes.

And as I recall, we talked about the building that's furthest towards west, that direction at the top, that the generator yard has to be on that side because you can't have it facing the other building because then you'd be taking potential exhaust, you know, into the other building. So you have to have fresh air. Right. And the decision was made to put that generator yard on that side because it's the furthest away from residential areas as opposed to the bottom right, the furthest southeast. That would be closer to, you know, current homes.

Correct. Right? Yeah.

All that is correct. All right. So that was for phase two. We'll come back to the phasing plan, orient ourselves with the overall site, and we're gonna switch it to 1C. 1C is the yellow, which is between Country Club Road and Interstate 81. This plan was initially submitted on April 17th, and resubmitted on May 22nd to address township comments. As of recent, though, June 8th, have received a few more township comments. And we also resubmitted to the county on June 1st. And like I said, the waivers, there's less waivers on this plan, but they are aligned with the previous plans and waivers that have been approved.

Phase 1C site plan, you'll see kind of this hatched area here. This is the approximate seven-acre gravel area for the office trailers. We got the same blue stormwater basins that will be used for stormwater only and will be dewatered within 72 hours or less. The screening berm is along Country Club Road, and there's also a berm with screening along the southern portion of the site next to the PPL right of way for the transmission line. This plan doesn't show it, but one of the comments, one of the final comments we received was to provide street trees, and those will be on the next submission to provide street trees.

This plan also there will be a security fence around the gravel area for security and safety for the laydown area. Can't quite see it on this plan, but it is on the land development plans. And then also make note that there is a slope here. It's a three-to-one slope. That was a question by the planning commission, what that slope was. It is a three-to-one slope down from the berm and the screening area. So this next slide is a rendering, a conceptual rendering. We had some questions from the planning commission of how this was actually going to look and how this would be built, you know, building a flatter area on the side of the hill.

So this reflects approximately what the grades are on the site per plan. I mean, this is a conceptual rendering, but it's fairly close to those grades. You can see the stormwater basins that are empty. You can see the berm of the trees along the rear of the site here to the south, and then also the berm with the street trees along Country Club Road. One of the requests by the planning commission, we had also spoken to this earlier, before presenting this plan, was there will be a restoration plan provided during the final plan application.

And through that discussion, the restoration plan would be back to existing conditions except for leaving the berms and all of the trees in place. So the fence, the gravel, the driveway, the stormwater basins would be removed. The site would be put back close to the existing slope, but we would allow the berms and trees to stay.

You're calling that a restoration, not a decommissioning plan. But they're sort of the same thing. Yeah. I...

There's no equipment, but yes. But yeah, we're calling it a restoration plan.

Now, I did read through the county comments in regards to phase two and 1C. You said you just submitted comments back to them. Are those things that would be available for the supervisors? I would like to see your response back to the planning commission, if that's permissible. Yeah.

They were submitted on June 1st, and Mark was copied on both those submissions.

So if I... Could you forward those to the supervisors, Mark?

Yeah. You want me to print them now?

Well, no, no. Just if you could forward them electronically.

Yeah.

Please. So that was it for phase 1C. Just the last slide here is community engagement. Just near, you've been to some of the biweekly meetings on site. And we've had those meetings, and you were in the know of those resident meetings were happening through June. I believe all those have been concluded, and the last one was recently on June 1st, but approximately 70 days from June 1st. And then also draw your attention to the website here, paxonecampus.com, and the QR code for anybody interested to stay up to date on any kind of construction updates and other information on the project.

I think it's helpful to see that rendering of that laydown yard. That's very nice to see. I know we've talked for some time now about getting some sort of three-D imagery for the campus as a whole. When you drive up the hill to Country Club Road, that berm is quite large, which I think is a good thing. The trees on top of that, they will certainly provide a measure of screening. You know, time will tell how much screening that'll be with the people driving or on that road or living across the street.

But, see, I think that was a nice visual for 1C. I know we've talked about this. You've been... seems like it's, well, it's already, it's coming, this sort of rendering of what the campus is gonna look like from different vantage points.

I can give you an update on that if you'd like. Yeah, please. So yeah, the next meeting, I believe, is the next planning commission workshop. The thirteenth, I believe, is the date. Yeah. So we'll have those to share at that time. Okay. It has been some work. I mean, we're in the middle of design, building design, architectural design. So yeah, it's been a work in progress, but I think we're close enough now we can share those with the

The one thing reading through the county, the planning department comments, one thing that Dave had mentioned, of course, went back and forth about the Appalachian Trail and viewshed and, I think you were gonna have a meeting with them maybe a few weeks ago. I don't know if that meeting happened, or what came out of that. Is there anything you can share with the public?

It's ongoing.

We've been coordinating with the state and with the Appalachian Trail Conservancy. We're trying to come to an agreement. We've, you know, it's a weekly communication with them, and it's been via the state at this point. But yeah, it is ongoing. That's the only update I can give. There's no resolution yet, you know. Okay. But yes, we're working on it. We are eagerly trying to satisfy any of their requests.

Well, I think that's definitely important. And one of the things that the county had mentioned was, you know, what are the roofs gonna look like if you're looking from the north mountain looking down. They had some recommendations about, you know, coloring and contours and things of that sort. I assume in your final development plans, you're trying to incorporate those ideas and concepts.

Yes. Yes, in

the renderings that we'll present will have the same idea, yes. Okay. Okay. Is that all you have to present? That's all I have. If you have any other just questions on phase two and 1C.

Yeah. Well, and, you know, I did read over HRG's comments. You've had some extensive comments on these things. A lot of these things are really quite technical and do seem to mirror phase 1B. And just, I know Bud couldn't be here tonight, our township engineer. But you and Bud obviously have worked closely on this for many, many months now. And just wondering if you had any comments, Mike, about these phases.

Yeah.

I can run through our letter a little bit. I'd probably not go into every detail of every comment, but I can kind of hit the high points or outline the categories of comments or the things we're still looking for. The first one is waivers and modifications. And I'll start with phase two since that's the first one we talked about, then I'll roll into phase 1C, although a lot of these are common between the two of them. So both of them have waivers and modifications. And I agree with Nick's statement that most of these are waivers and modifications, same sections that were considered in prior phases, so a lot of the same issues.

And a lot of these are things that, like plan scale, for example, that just due to the size of the project, it makes sense to allow a different plan scale. With regard to zoning, we really don't have much at this point. We're looking for some additional detail and clarification on slopes and grades related to ADA parking, and access to the building. And then also the other side of that is runoff and drainage and making sure that all that works okay. But there's really only a couple of those, and for a project this size, it's not unusual.

When it comes to subdivision and land development, we're looking for a completed PADEP sewage module. And there are a couple of waivers associated there. We're also looking for a certification from the geotechnical engineer, which I see on phase 1B has been provided in the final plan. I think we'd be okay with providing that in the final plan as long as it's provided eventually, for the plan to be recorded. Stormwater management, we have had a number of comments. This is probably our biggest category of comments that we've had on all of the plans. But I think Livic has, with each subsequent submission, kind of made corrections based on prior comments so that this has gotten shorter each time.

At this point on phase two, we're down to a pretty short list on stormwater management, which is really, for the most part, outside agencies approvals, like County Conservation District approving the NPDES permit and some of the waivers. There's a little comment and clarification item on one of the profiles, but that's probably just a CAD issue. For both of these, one significant issue that we need to work through is the timing of the Country Club Roadway improvements. Three of these phases... So let me back up. Four phases have frontage on the Country Club Road and have to improve Country Club Road in association with those phases.

One of them is 1A. That's been reviewed. Bud and I have reviewed it as part of the approved plan and bonding for that part of Country Club Road is in the developer's agreement that Chief Richard is working on. We need to figure out the sequence of events for the remainder because, I... We understand that the developer probably wants to do it all at once instead of, like, three piecemeal little short segments. And we think that makes sense. But we wanna make sure that it happens early in the process. If they wanna do more work than they're required to sooner than they're required to, no problem.

If they want to delay work or do it later than they would be required to, then that could be a problem. So we're working through that, the logistics, but I think that overarching philosophy, Livic's agreeable to. But that's still one of the issues that's kinda unresolved that we need to get figured out for both of these plans that are up tonight. Other than that, we just have some items to be included in the developer's agreement, some items to be addressed in the final plan. But again, this is a preliminary plan, so that's just kind of an advisory note more so than a hard and fast requirement.

So that's where we are with phase two. Let me switch over to 1C and I'll try not to be too redundant because a lot of these are the same. So let me pull up my phase 1C letter and I'll walk through that as well. So for 1C, again, a series of waivers and modifications, a lot of the same material that we've talked about in prior projects. No new or different sections being requested for a modification in 1C. With regard to zoning, we did have a little bit of a question about what the use is exactly in phase 1C, whether it's a job site trailer or an outdoor storage or there are a few others in the definitions in the zoning ordinance that, you know, maybe this touches on one or the other.

We did get a determination from Mark, as the zoning officer, that this is a trailer laydown yard. A temporary construction site trailer is the definition in the zoning ordinance and so that gives us clarity on which standards apply. Street trees were mentioned, so that's a note that's outstanding. Subdivision and land development, we have some, say, modifications, same kind of stuff that we had previously. We need the driveway to be paved for a distance of fifty feet back from the roadway. It can't be an all gravel driveway, the last fifty feet would have to be paved.

There's a question about a couple of plan sheets that appear to be duplicated or numbered incorrectly in the plan set. Stormwater management, again, similar to before, we need the NPDES permit. There are a couple of waivers and modifications related to stormwater that are the same as prior plans. And then we have a couple of detailed questions about one particular drainage structure is inconsistent between the plan and the profile. There's an outlet detail that appears to be inconsistent at elevation in two different places. But this is pretty minor kind of plan cleanup sort of stuff.

And that we need verification that the MRC concept for this site was accepted, which would come via the approval of the NPDES permit. That would signify to us that DEP had accepted that concept. Same discussion as with phase two with regard to the timing and logistics of Country Club roadway improvements and making sure that we have an agreement in place to make that work properly. A few items to be included in the developer's agreement, which are really just kinda updates to the precedents that we've set in 1A. We wanna continue to update those with each subsequent phase. And then we have some items to be addressed in the final plan, but again, this isn't the final plan.

So that's generally speaking where we're at with the engineering review. Happy to talk about any more of these in detail, but that's kinda the overview.

We have no issue with any of the comments. In fact, I think we can address all of them just waiting to resubmit till we get through planning commission board of supervisors. So yeah.

Just in terms of a timeline, do you have a sense for... obviously these are preliminary plans. Do you have a sense for when you would be ready to present final land development plan for these phases?

I think our intent is to present after this approval. So next month, probably present the next time where we can. I know 1C is possibly a little more important for, to be able to construct the laydown yard.

Phase

two is also as important, but getting approval on phase two is kind of a... could be a critical path as well for some of the off-site infrastructure that we'll be traversing through phase two. So we're likely gonna come back next month and we'll submit next month for, or submit this month after, you know, later this month to meet the deadline to be present next month on August, when the commission meeting is our intent and the schedule we've shared with the township.

The one question that had come up, it's been another month now, but I guess it was last month, maybe it was the June 3rd meeting, when we did the preliminary land development approval for phase 1B. You know, there was some question brought up about the EIA that was done, and it was done by your firm and some residents had concerns that maybe that was a conflict. Courtney thought it was not. And we talked about, well, how long would it take to get another independent and Mike said, "Well, this would take months." And I guess my question is, you know, assuming this project moves forward, passes all the legal challenges.

You know, again, we respect that process. People have the right to object, and it'll work through the courts. However high it goes is anybody's guess at this point. But, and again, I'm sort of new to this whole thing. Only, you know, been seated here for six months now. When's the final final? Like when's the final final that we say we're... Like everything has been approved and the master developers agreement has to be executed and signed?

Well, I mean, the master development agreement is essentially done at this point. And that'll be signed even before final plan approval. And then there's some cleanup, development-related stuff that as we get through final, that'll be incorporated into an amendment of that. So it is really with the final plan approvals that that's the final. So with the final plan approvals for each of the phases, that's the board's final decision on the plans and also the board's approval of a development agreement or amendment to a development agreement. So it's really with final plan. Everything that follows after that is more building permit, inspection, administration type things.

So the planning department had asked about, you know, is there a separate EIA for phase 1C, or is that covered by the initial EIA? Is that correct, Mike?

Yeah. We've asked in the final plans that have been submitted to tell us anything that's new or different from the EIA that was submitted in the preliminary plan. And we did get a bullet point list on, I believe it was 1B, which is currently pending, or is under review for final. And they kind of spelled out a couple of things where more information had been available or more precise information versus the preliminary. So we are looking to update that as we go, just to keep it current. But it's not... The ordinance doesn't require a redo with each one of those subsequent submissions.

Mm-hmm.

And we're happy to update that as

as Mike suggested. Well, and I guess what I'm thinking, you know, is, is there an opportunity here for us to get an independent EIA from somebody that's not associated with the project? Well...

In every land development plan, there is a submission that's made by a representative of the developer. Doesn't matter whether it's traffic or stormwater or whatever, right? All of those things are done, they're packaged up, and they're submitted. So when you say independent, right, the independence comes in in the township's review, right? None of these documents are submitted on one side of the basis that this is what's submitted, and that's what you're stuck with. That's the review process, and we've had that. I mean, we've submitted that last, the end of last summer. And it's been under multiple reviews.

That is the process. That is the independence. The independence is built in on the township side in the review of the actual documents that are submitted.

I assume there's some independence with the county conservation district, the planning department... Hundred percent. PADEP.

Yes. There's multiple levels of independence that is built into any land development plan approval process. And that to a large extent is the role of the various agencies, whether it's local or state or other.

The only thing I've been communicating with the solicitor and the engineers, and primarily Bud, is, you know, the board supervisors are gonna have to sign off on this master developers agreement. And I think that will have a lot of elements that's gonna be very important for the residents of the township. Ongoing monitoring of noise, ongoing monitoring, you know, just all the things that come up at these meetings. You know, obviously, stormwater management, the operations and management moving forward. The trees, the survival of the trees, the road, all these things. And some of the things that seem to be talked about in that MDA are things that, you know, obviously make sense, but maybe in my mind don't quite go far enough.

So I've been just sort of talking with Bud and the solicitor about things that, you know, as we move forward and we get close, they'll present this to the board supervisors, and then you would be amenable to, you know, adding or adjusting to that moving forward. Is that correct?

Yeah. So just so we're clear, so we have a master development agreement that we've been working on, and that was intended to be done in connection with preliminary plan because work is happening out there. The township, even though a developer in Pennsylvania is allowed to start work without providing any financial security, the township, you know, rightly so wants the financial security, and we're happy to provide them that. So there is a master developer agreement that is dealing with, I would think, two things. One is the traditional inspection, security core improvements, right? Required improvements. And then the road improvements to Country Club Road.

That's the initial version of the master development agreement. It also requires that the specific development issues that we've been talking about, things like noise and post-construction sound studies, and all of the things that you just mentioned. You know, well inspections, well repairs, et cetera, all of those things would be incorporated in an amendment to that prior to final plan approval of any plan. The reason we're doing that is by the time we get to move into final plan and the final plan is ready for approval, we'll have all of the, as refined as it's ever going to be as to sound and all of the other issues, and we'll incorporate that in there.

The initial version or the initial master development agreement requires that those items be incorporated into an amendment to the master development agreement that is done in connection with final plan approval. Just so there's, we're not missing anything. That is in addition to the fact that the board can impose a condition anyways in connection with final plan approval. But we're gonna head it off. We're gonna have the initial master development agreement dealing with the financial security and Country Club Road, and then with final plan approval, have all of the details that you're talking about with respect to very specific development topics fully addressed in the development agreement and provided to the township for review and approval.

And that's gonna include wells? Correct. Okay. Again, I spent some time, you know, reviewing all your comments and the county planning comments. Again, it seems somewhat repetitive of one B. It doesn't seem like there's really anything significantly different. And again, you don't really have any other outstanding concerns other than the things you already mentioned? No.

Really, everything

we have at this point is contained in our letters. Okay.

Yeah.

Okay. And again, Mark, you just electronically forward the Livic's response to the county planning to us so we can review that, and then we'll... And unless you, do you have any questions before we open it up to public comment?

All my questions have been answered.

Okay.

I have a couple things. Go ahead. So it's just related to some draft motions that I worked on for you guys. And Charlie had... do you wanna take these, Charlie, or not? Charlie had pointed out, I tried to identify all the motions that were required that came up and were discussed at the planning commission. So on phase two, Charlie said about adding another deferral, but actually that's number seven on that list, Charlie. Oh, it is? It's already there at the bottom. Okay. Right beside where you wrote that. So I don't see any new waivers on phase... We were reviewing it... Okay.

quickly

in the back.

Okay. So that's good. Yep. I'll get this quickly. And then on the motion for waivers and deferrals on phase 1C, subdivision section, SALDO Section 707, they had requested. The discussion at the planning commission, it was determined this was not necessary because this requires you to install sidewalk and pedestrian paths with required note on the plan for new interior streets. There's no new interior streets on phase 1C, simply a temporary construction trailer lot. Charlie pointed out two others... So it's not applicable, is what you're saying.

It's not necessary. Okay. 707. Yep. So Charlie pointed out two others that I believe I did miss. So that would be SALDO Section 501.C.19. That's a deferral until final for required metes and bounds description of the easement. Even if you just write down SALDO Section 501.C.19, that's what it is. And then the other one... 501.C.19? Yes, C19, which is actually listed on the phase two memo. I mean, it's listed on there. But this is for phase 1C. So on phase 1C motion. So it would be 501.C.19, and then the second one that was missed was SWMO, Stormwater Management Ordinance Section 303.H.17.

This has to do with geotechnical certification of the managed release cells. There are managed release cells then on phase 1C, Nick? Yes. Okay. And I had missed that. So again, the second section would be SWMO 303.H.17, which is one that's also listed on the other plan. So we have two additional waivers and deferrals.

That's it. So that's number 11. On, under phase two

Phase 1C, yeah. Mm-hmm. Yeah, that's right. It's the same. See, number 11 is... Yeah. Yeah, that's in H17. Yep. Nick

Mike, does that sound like we're on the target? Yeah, it does. I think we'd identified both of those in our letter, although you organized them better than we did. We don't have an issue with either of those. In fact, both of those are consistent with waivers and modifications that we've priorly considered. That's it, Bill, from me.

Thanks.

Okay.

You know, it's interesting, because all of us are watering, you know, gardens and flowers and things, and when it's dry like this and the ground's hard, you know, it's interesting, you just see the water just sort of runs off. And, you know, having lived here my whole life and knowing that topography of that field, I would assume that when that field, this time of year, when it was planted and the crops were fairly young, there was probably a lot of runoff into the Conodoguinet. And I know you stated that the impervious coverage of your whole site is under 20%.

That... You know, I think that something that may actually be beneficial with stormwater management is that we'll have less runoff into the Conodoguinet than what we had previously. Now, I'm not an engineer. I'm just a simple guy that just waters my garden and waters my flowers, and you just see what happens. And I have talked to, you know, Mike Levinski, a professional engineer from Conservation. I've talked to the DEP engineers about stormwater management, you know, in regards to this project, and I think everyone, I certainly feel very comfort... one of the engineers felt very comfortable with the way the stormwater management has been laid out.

All right, let's open it up to public comment. Again, you have three minutes. What are we gonna vote on? Well, we're gonna have some public comment before we decide to vote on this. Okay.

All right. And so again, your name, address, you have your three minutes. We're not ceding time.

Is this on?

Yes.

Okay. Robynn Eppley, Beagle Club Road. I'm also a member of the Planning Commission. Nick, I would like to thank you for bringing up some of the comments that were discussed at your presentation with the Planning Commission. And then I also would like to determine

if, I guess, Zach, were our draft minutes and comments from the Planning Commission given to the Board of Supervisors prior to this meeting for their review? Yes. So you have that information?

I have them. I've reviewed them. And I did speak with Jim a couple days after the meeting because I was not able to be here on that Monday. And I did speak with Jim Gehr about, you know, the items that were raised at the meeting, so I just wanted to get a firsthand impression as to what had happened.

Okay.

All right, thank you. And I wanted to review them quickly so Don understands also. So on the phase two plan, the Planning Commission recommended that natural gas service be added to the project as a fuel source for the generators. This was a recommendation, or a suggestion, from the Planning Commission. So that was one thing that came out. I had forgot to mention that. And the second thing was on the 1C plan, the Planning Commission suggested that the phase 1C property be returned to original condition as much as possible after the temporary use, and that's actually the last condition of approval for phase 1C, that a note be added to the plan indicating that when the temporary construction site trailer use on PAX phase 1C is no longer needed, the site will be returned to original grades, original topography, with meadow conditions, except for areas with established berm buffers for screening and landscape screenings, and that the language of the note would be reviewed and be acceptable to the township engineer, subject to his final review.

Planning Commission also had another suggestion regarding 1C, the storage lot. They thought that maybe it would benefit the community to consider having that used, if the developer wanted to, for some community purpose like recreational ball fields. I did not add that into the condition, but I wanted the supervisors to know that that was a condition. I think this is something that could be worked out later as an amendment to any approval given once we see if the developer's interested and we see what kind of use that might be in the future. Thank you.

Thank you. That's certainly

something I've brought up to the developers on numerous occasions, when you're

done with that, to turn that over to the township and its residents, for another use. But that's, again, the rest of the things we will take under advisement with final land development. What's next?

Hi. Beth Legore, Teaberry Drive. I was actually, that was gonna be part of my question about 1C. Is there a restriction on what will happen to that after the construction's done that will be built into that master of that, or construction plan, or management plan to ensure that it doesn't get sold to somebody else and be used for other purposes outside of the data center. So it sounds like that is on your radar to be checked.

Yes.

And then pertaining to the trees that we're talking about, the street trees and that, are we gonna be thinking these are mature trees? That's something that's not gonna take 20 years to be of any benefit to be a screening. Is that part of that master plan as well? And who maintains them if there's damage from storms, or they die of disease or blight?

The ordinance requirements for street trees, I don't have it memorized, but I think it's something like a two to a three-inch caliper. So a diameter, it's usually measured at about four or five feet off the ground. So they wouldn't be, you know, whips, but they wouldn't be mature trees either. And there's maintenance and security, right?

And do they have to be a certain... Like, would they be a pine tree that provides more coverage, or are they just like a maple tree, or?

I think the requirement of the ordinance, it lays out species that are and aren't acceptable. And I wanna say they have to be native species, but I don't know if it's specific to deciduous versus evergreen.

It is native. Okay. So the species are on the plan, and these trees would be bonded or with financial security to make sure they're planted and that they grow and live.

Okay. So then when the... if they sell this to other, you know, entities, they have to overtake that as part of their... Correct

maintenance. Okay. Right. And I'm pretty sure when we read it again today, it was two and a half inches in diameter, six feet from the base. Diameter at breast height. Kinda at chest level. Yeah. And the county comment was that we should have a minimum of five years of financial security to make sure that the trees do live past their infancy.

Okay. Thank you.

Thank you.

Kelley Brickey, Elizabeth Way. There's been a lot of focus on the number of generators that are going to be utilized in this project. And I think the last number that I heard was something like the 530 range. I don't recall in any of the meetings anyone mentioning the number of the rooftop cooling units that will be required that also generate noise as well as heat.

Well, again, you know, Nick, my understanding is that we're not gonna have rooftop cooling. That this is evaporative cooling for much of the year. If you wanna call it a hybrid system, it'll be cooled by the outside air, which will hopefully be a lot cooler than it is today. But then the two buildings in 1B, kind of the older style buildings that are being built because of at least what we were told was lack of availability of proper equipment to build that, those would be the first two buildings, and those would have rooftop air conditioning units, so to speak.

Is that correct? Yeah. Correct. And can you tell us how many, or we're not certain because it's not in final

design yet? You know, we're still... You know, that's a building permit, so that would come with a building permit submission, I would assume, that Mark will receive. So that level of detail would be in the building permits and the architect's. Yeah. I don't have that. That's with the architects and the engineers. Yeah.

But it was included in the noise study, so they would be

Yes, yes, yes. Yes, it was included in the noise study.

Yeah. And I think there's, you know, obviously a lot of interest in the generators. That's really not gonna be information that's available until final land development, and it's all gonna fall under the DEP guidance because they'll be getting a permit. And they'll submit that to DEP. The DEP will let them know, you know, how many hours each generator can run in a year. Right. Okay? Okay. Thank you.

My name's Roberta Kribbe, and I live at Sassafras Lane.

Sorry, what was your last name? I'm sorry.

Kribbe. K-R-I-B-B-E.

Can you move here

I live right across the creek, kinda like one of the first houses right across the creek. So a lot of what's going on has affected me a lot. And I found some correspondence that was presented through a Right to Know Act with one of my neighbors, and that the blast schedule was intentionally held from the residents, and... because you didn't want, I guess, us to have any say or get inquiry about it. And I just wanted that noted that that was found in the Right to Know, and I really resent that because I'm really close to it, and it scared a lot of us when it first happened because we didn't know.

And I feel like the lack of public meetings about this project, especially for people that don't, we don't get any electronic copies of a lot of these documents. We have to do Right to Know. There's no staff reports. There's nothing we can look at, and even when we come to a meeting, I mean, we don't get any of the copy of the correspondence that the contractor provides, even... I've gone to two planning commission meetings, so it's... I used to work for a city in California, and we used to have all that available, uploaded as part of the agenda packet. So it's hard for us because we feel like we're very after the fact of everything.

And I just wanted it noted that should've let us know. Should've had a couple public meetings to let us know more about the project. And one of the things I was concerned about, too, was the 3D mapping, and I kind of wonder that why we haven't seen a 3D rendering of this whole thing. It doesn't have to be exact, but I kind of feel like you wanna hide what it's gonna actually look like after it's done. And I also was wondering too if there's a decommission plan in place, after, because technology changes. If any state knows about industrial waste, it should be Pennsylvania.

I mean, technology's changing as they're building this and who knows what it's gonna be when they're done. And I do have a concern about the diesel testing plan. I was reading how you're gonna allow them to... They have, like, 532 diesel generators, and they all have to be tested, I think, every month or every other month, and that you're gonna allow them to test it from Monday through Saturday. So that means when you live in the area, you're gonna hear diesel testing, like, every day of the week but Sunday and national holidays, and that's gonna be on top of the data center noise.

That's not gonna be very much fun to live around. And I guess what I'm calling a floodplain is what you're calling stormwater. I don't know if you saw what happened in West Virginia due to a data center being built. It just actually recently flooded out a whole neighborhood because of lack of proper water control. And, like I say, I live on the other side of the creek, and when we have a lot of rain water, that actually did flood into the... because I live right below the fl... I live right above the flood basin there. And it does concern me because if it isn't set up right, there's a big possibility for flooding if we have a major storm, because there's nowhere for the water to go anymore like it used to.

And another quick question is, I know my time is over, is if there's any way we could get these live-streamed, meetings.

Yeah.

Just was wondering.

This will be something we've been talking about. Obviously we're trying to make a lot of advancements in the township, and it takes a little bit of time to come to consensus on some of these things. Right. I think we've made some progress, and I think, you know, having these meetings available, whether it's live-streamed or with the audio, is certainly something I think we're strongly looking at. I can't give you a timeline on that, but I certainly would like to... I personally would like to see that happen sometime in the not too distant future.

Yeah. And I just want you to really, when you're talking to all these people with these plans, really think there's real people here, out here, going through this, and we're actually living through the blasts, getting text messages and this, that, and the noise. There's a constant beep, beep, beep, beep, beep all day long that we hear. That we're all real people, and we're going through this construction and it's not fun.

Jody Shivell, Teaberry Drive in the Meadows. I'm concerned over 1B yet, and what we're doing there as far as the buildings and the rooftops and the generators. I think they are the closest properties, closest buildings to people's property along there. I would say the

trailer park, I'm not exactly sure the location for Country Manor

West, but there is the Meadows, and then there is, you know, our Meadows park in 8 Teaberry. So I think they should have the most consideration if they are the closest to have the newest things, not something on the rooftops. Okay? And I think the generators, however they're set up, because things change and you're not all final yet, is that those generators need to not face the people.

Mm-hmm.

They should face the other way. And anything else there that's super noisy they need to consider, because they are the closest places. It's not a lot of distance between where they are, the creek, and where we are. And it carries there. So that would be my concern about 1B.

And then the other thing is, so everybody's looking to the future. In my phone, I was reading that by July 27, things by the developer or the project manager, things ramp up.

Like you were saying earlier, maybe, I don't know, 1,000 and some people by that point. I think I saw 1,500 to 1,600 was projected when they peak, and eventually that filters down, but that'll be through the project. Yes. And the other one was the trucks again, and I saw 500 to 600 a day estimated throughout. So I'm kinda interested in are we going back to 500 and 600 trucks a day again, because that was pretty awful for Country Club Road. That's right. Yeah. And it needs to, you know... It's mellowed out, I think. I don't, you know, but we don't wanna go back to that again, so toward the roads and everything else.

So they would be concerns I'm seeing that in these plans we need to look at. And that's it.

Yeah. And I can tell you, you know, we are sensitive to what you're living through. I don't live there, but I live not too far from Pennsylvania Turnpike. You know, I hear the turnpike. Me too. It's less than a third of a mile from my house. I hear it all day long. And I hear it inside my house. So I understand. I'm not living where you're living. That's right. I understand that. I understand that Country Club Road is not gonna be a good place to live for the next five years.

I understand that the Country Manor West and the Meadows is not gonna be a great place to live for the next five years. So why

do PSU feel like they are?

It is a construction site, and they have the ability to construct their facility within the rules and regulations of the State of Pennsylvania and the township. Well, from the

township... That's it. So again, I would look at 500 trucks a day. That's, you know, that was a lot, and when they settled down, everybody settled down, if it's gonna happen. And the other one is 1B. Again, we are the closest. We should be considered if this happens. That's it. You know, they need to maybe hold and put the right things in there. I mean, if you're gonna be a good neighbor, let's be the good neighbor if this happens. You're gonna have a lot less resistance in the end if we have at least something, you know, that is amicable to people, so that's it.

Thank you.

Thanks.

Mark Kurtz, Teaberry Drive. I'm playing catch up in this process, and I never really understood what was your, as the supervisor's rationale for approving the overlay by

right.

That's a basic question. And I've never seen a justification, and I've looked online.

Right. We talked about this on Friday. I don't think you were at Friday's meeting. There is pending litigation against the township. There's five families that are appellants in this case that are suing the township. So it's an active litigation that we cannot comment on in a public forum. If it goes to court, you're certainly welcome to go sit in the courthouse and see what they have to say, but we can't comment on pending litigation.

The answer I expected. Thank you.

My question is for roadmaster. The Country Club Road is regulated for the weight for the truck?

Correct.

Are you sure that that truck coming with the regular weight that's being supposed accept in Country Club Road?

Liberty Excavators was the excavator. They got a bond placed on the road that they can exceed that weight limit. So that's been...

Who weighs that? You have the balance inside the PAX or when the truck coming or whatever, you have a big weight for the truck?

We do not weigh that.

They got a permit to exceed the weight limit.

Oh, okay.

So if the truck

Whatever they want.

Yeah. When the truck's too heavy, it actually goes to another level. If it's oversized and overweight to a certain point, then they actually need a permit from the PennDOT or the state.

The all the time, PAX-1 have a preference for every everything what he wanna do because if they have permit for exceed the weight, it's because they have preference. PAX-1 have preference for everything.

You're up. Oh, thank you. Yes.

Thank you, Mark. Thank you for mentioning that was brought up at the planning commission. Need the name and address, please. Earl Beam, Country Club Road. Thank you. You brought it up about possibly turning over to the township for a park or something like that. Thank you very much. One of the questions, you had a picture up earlier, you were showing the trees and stuff. Where is the location of the diesel supply for all these generators? Is it above ground tanks? Is it below ground tanks? What is the proposal for this, and where is it located?

There's no central diesel storage on site. Every generator has its own respective tank. So there's no central storage on site.

Oh, I'm sorry. At the planning commission

they said they were gonna have a tank with fingers leading off to each generator.

Yeah. Yeah. I did not get any picture of this.

So I don't know what you heard. I can't... But I'm saying, there is no central storage on site for the diesel fuel. It's at the separate

tank... He can answer that. So Jim Garrett, Spring Road. I'm with the planning commission. What they said was that there would be a fill pipe for each of the 16 buildings that had fingers going out. So the fill pipe, what they mean is the tanker is gonna come on site and fill. He'll fill all the generators at that building, go to the next building, and make 16 stops. There's no on-site bulk storage outside of the self-contained diesel generator tanks.

So it's not gonna be a tank, it's just gonna be underground lines that fill the lines up.

I don't know if they're... they didn't say whether they're under or over. My guess would be they're over, but they'd have to comment.

Okay. Second question is what is the height of the dirt berm that you put along Country Club Road? Because let's say the more southeast end, it's extremely high. As you go down towards like the fence where the gates are, it keeps getting lower and lower and lower. And yesterday they blew something. I was gonna question what they blew on or what kind of grass or what did they actually blow. But why is the berm so high at this end you can't see anymore? You can't see the mountain. I mean, you can't see nothing.

So the berm per plan was approximately 12 feet in height from the edge of Country Club Road. It does get a little higher depending where you're standing on the site. Here at the bottom, if you're at the lower portion, towards the entrance, it's gonna be higher than that because of the existing grade, the berm. But it is... We did have it as built by the contractor. It's a little higher than the plan proposes. But then as far as the material, I'm gonna speculate that that was probably hydro seed and stabilizer.

They have to stabilize any open unstabilized ground within so many days of leaving that work area.

Well, if it's supposed to be 12 feet high, I kind of suppose, I'm not no stupid. I was the surveyor out there. That berm is tremendously higher than 12 feet at the end up there. So why can't you go back and put it back to 12 feet so that I could at least look out my house and look? If it's supposed to be. If the plan's called for twelve feet, it's not twelve feet.

Thank you.

You're welcome.

It's high enough. Let me just say outside

of my direct input

just so you know, I live in a second story condo.

Can we... You will have your chance to speak. Okay, sure. We're not speaking out from the audience. Mark, is there anything with zoning that would control this if it's higher than the berm was supposed to be based on the plans?

It's not zoning. It'd be under the subdivision ordinance and the bonding for improvements. Mike, do you have any comments?

This is a question for Nick. Is the area that we're talking about here, the berm, but the height is incorrect and needs to be adjusted, or is this a temporary stockpile for topsoil?

They're... So they're constructing the berm as they do earthwork, and it did come to my attention that it was a few feet higher than what the plan shows. Few feet higher. I mean, our direction was, you know, to create a berm with screening along the Country Club Road. If it needs to be pulled back to the twelve feet per plan, because nobody wants it that high, we're more than happy to take that back to the developer in the contract. That's great. But yeah, it is a temporary condition, Mike, that

But I think ultimately, you know, if the plan says twelve feet, it ought to be twelve feet. It should be what the approved plan says at the end of the day. If it's a temporary stockpile, the E&S regulations I think allow you up to twenty-five feet for a temporary topsoil stockpile, which is why I asked the question. We should make this an agenda item for the next construction site meeting. I'm pretty sure we get a path forward.

Well, thank you, because it's not temporary, because they wanna spend a day out there grading that thing than to have guys out there with a rake than hire to see it hours later.

Well, I do agree with Nick that they are required to stabilize any exposed soil that's gonna be left there for any period of time. Even if it's a temporary stockpile, if it's temporary, it would last a month or two, they still need to grow at least like an annual rye on it to hold it in place. That doesn't necessarily mean that it's permanent, but one way or the other, I think we need to get it right to what the berming condition is. Okay, thanks.

Kyle Gerber,... Bernheisel Bridge Road. I don't think that most people still appreciate the scale of this project. We're talking about buildings. We're talking sixteen of them, which are nine hundred feet long, two hundred feet wide, and eighty feet tall. They're really big. And you can't really get that sense of that from a 2D rendering. So SHPO, the State Historic Preservation Office, has concluded that this plan not, not might, but will have an adverse effect on the Appalachian Trail. And remember, the Appalachian Trail is a nationally registered historic site. So SHPO said in its January twenty-third letter, they found that the project, quote, "Will have an adverse effect on the Appalachian Trail viewshed by obscuring views of open space that contribute to the significance of the resource." And my question quick to the board is, have you guys seen that determination from SHPO?

I have not seen. I know SHPO opined on the farmhouses that were on the property. I have not seen that. And I'm sure you've obviously walked the trail many times because it's right near your road. I just did hike that a few weeks ago. And that's gotta be the worst section of the Appalachian Trail in Cumberland County, because you go over that Bernheisel Bridge Road bridge, it's really extensive. The noise from eighty-one is deafening, and then you go past the substation. So talk about a viewshed, it's really terrible.

And I think that they are working with the ATC. They said that they've worked with ATC. They got a call from the governor's office. You know, the governor, I think she's called First Lady, hiked the trail a few weeks ago, with a number of people that went with her, including people from the ATC. And so the governor's office has reached out to the developer and say, "You really need to work with them." And so I think there has been, they've changed gears a little bit. I don't think it's gonna change the size and scale of the project, but they're at least working with the ATC now in a more collaborative fashion to try to address some of their concerns

to an

extent. Yeah. I agree with you that the viewshed has already been compromised, and that's why I'd prefer to not see it further degraded. But my understanding is, like as you said, the Appalachian Trail has reached out to Livic and asked for these three-D renderings from specifically the Bernheisel Bridge intercept vantage point, as well as the one up on the mountain. And they have not yet received them from them. And as you just said, Bill, tonight, the board hasn't seen these three-dimensional renderings either. And that segues into my second question, which is that in two thousand and eight, Pennsylvania passed the Appalachian Trail Act, it's Act number twenty-four, which requires that every municipality that the trail crosses, which includes Middlesex, is to, quote, "Preserve the natural scenic, historic, and aesthetic values of the trail, and to conserve and maintain it as a public natural resource." Like, that's the same language that's in the Environmental Rights Amendment.

And Middlesex and you as the board even acknowledge that duty because you have established the Appalachian Trail Conservation District in our own zoning ordinance. So my question to you is how can you, like in good conscience and just practically, carry out that duty if you have not seen the viewshed effects? If you don't know what it's going to look like. Like, you've requested them from the developer, and they've failed to present them to you. How can you effectively do your job if they have not given you part of the resources to do that? Well, my question, I mean, how do you think you can do that job?

Well, they're gonna give us renderings

Okay. To, at the next meeting, and we'll see what things look like from the different viewpoints.

And that's great. Yeah. But I guess I would follow that up and say, that's my last thing, if they haven't given you the renderings yet, and they haven't given you all the resources you need to effectively steward, do your job of stewarding something that's been trusted to you by the state, they should not be asking you for a preliminary approval tonight. They should be asking for an extension so that they can get their resources together to give to you.

Thank you. Mark, can you give us the timeline for approvals? You know, there's always, you know, the clock sets when someone submits a plan. And can you give us for the phase two and phase 1C what the timeline is?

Yes. These two plans are up for a decision by the board supervisors today, July first, twenty twenty six.

Okay. And if we ask for an extension, as we did with 1B, which you declined, I'm assuming, Mr. Courtney, the answer would be the same if we ask for an extension on phase two and phase 1C? That's correct. Okay. And if the board does not vote or act on this, then the plan gets approved, whether we vote on it or not. Am I correct, solicitor? It would be deemed approved. Right. Lack of vote is deemed approval by the Middlesex County Planning Code. That's state law.

Okay, next.

Yeah. Michelle DiNozzo, Fieldstone Drive. So why did Charlie Courtney specifically mention wells in relation to the final plan? Are they planning to repair and operationalize the wells?

Well, I'll say why I mentioned wells, because in prior meetings, including supervisor meetings, there was discussion about our willingness to test and repair wells that are impacted by the project. So that is why. It's not anything that's required by ordinances, it's something that the developer is willing to do. So it doesn't have anything to relate to doing anything on-site well-wise. In fact, per condition of phase 1B plan, and I would imagine condition to any other plan, there'll be a restrictive covenant put in place that prohibits the establishment of wells on the property. So when I reference wells, it's for the benefit of the residents.

Yes. Thank you.

If they want it. They don't have to... If they don't want it, they don't have to receive it. The well note that Charlie mentioned is the only spot on the whole plan, so

no new wells on the site.

Okay.

This is getting exhausting. Frank Lavatora, West Montgomery Hill Road. I just wanna reiterate a couple things. One, this is the lack of three-D rendering of this whole project. I've been retired for eight years, so we built companies before. We made all kinds of systems, huge, forty, thirty, forty million dollar systems. Took up a lot of land, a lot of property. There was always a three-D developed along the way.

Even though they haven't presented it yet, they should be able to give you an updated version as they go along. And what I'm hearing is nobody's seen any rendering of a three-D of what that's gonna look like. And I think people, the feedback I've been getting is the people in Meadows and other places nearby don't have a clue what that's gonna look like, because all they see is flat plans of the view. Now, one more question for you. Has anybody at the board been to a similar size data center at all? Seen the inside of it in any area of the nation?

I know both myself and Supervisor Geisewite went down to Ashburn, Virginia, called Data Center Alley. There's over two hundred data centers there. You know, they're mostly smaller data centers, but they're all clustered together in one after another after another. And this was a tour that was provided to us by PowerHouse. They did take us by an older unit to start with, and there's definitely noise from the older units where there's air conditioning on the roof. The other units were incredibly quiet. And a lot of homes and businesses right across the street, and new construction right across the street from large eighty-foot high data centers.

Plus there was that big development they'll remember in the midst of it.

Yeah. And so it's in a very, obviously a densely populated area, so I don't like to compare Northern Virginia to Middlesex Township necessarily. But yes, the answer to your question, we were there.

One more. What will happen to this massive site? If technology advances so much that this starts shrinking down, we won't need these big, huge buildings to do the same type of system. It happened with computers, you know, years. What's gonna happen with AI technology and data centers and everything? What's gonna happen to that huge year of concrete buildings? Is that been discussed about the... Okay.

Thank you. It has been discussed, and they do have a decommissioning plan, so to speak, to take out the electronics, which they're required by DEP to remove all that, to remove the generators, you know, diesel fuel, anything that's a potential toxin. There is, I would say, probably virtually impossible to return that site to farmland. And I don't believe we have other than solar in the township. Cell towers. Oh, and cell towers. There's nothing in the ordinance that says that they have to be decommissioned, and that's, I think, the way it is across the state.

I know there's been talk about, well, we're gonna just, you know, tear up the buildings, we're gonna tear out the cement, and, you know, can you imagine the... We're talking, as Mr. Gerber said, the size of these buildings. You don't think they can probably be repurposed. All the electronics will have to be taken out based on Pennsylvania's state DEP regulations. The idea would be that the buildings would be repurposed for some other use.

Yeah.

Who knows? Housing, you know, I'm not sure. Does anybody from the city know?

Police?

I'm asking, does anybody know?

What is the... I want to know.

Okay. Thank you. Can we see this?

Country Club Road. We've already covered the topic of wells. I think the context wasn't there whenever we heard the well, so I do appreciate the offer to do the testing. That's great. Mark, I wanted to double-check with you the hours of construction in our ordinances right now.

We have no listed hours of construction in our ordinances now.

So they can do construction 24 hours a day? That's a question. Can you answer that?

Yes. Yeah. I don't have any answer. We don't have an ordinance with hours of construction. Okay. Thank you. There's laws about disturbing the peace, so I don't think they can see construction at night.

Mr. Hess, it would be very helpful if when people are responding, the three minutes is my time to speak and not time to have responses back. So if we could pause that, that would be helpful. Do you got that, Zach? Thank you so much. I appreciate that. Just wanted to make sure we're covering that. I wanted to come back around to the last meeting that I was at. I missed the very last one, but the one before that. We talked about the lights on the buildings currently right now that are out there on the trailers. They are not covered. They're certainly not dark sky zoned at the moment.

So just wondering if we had any follow-up on that as far as is there gonna be any coverage on the lights that are currently out there on the buildings. And if so, that would be helpful, and if not, on the new section they have coming in with 1C that you have the design tonight, how many buildings are gonna be on there, and will there be additional construction stuff out there? Is it just gonna be... I heard buildings tonight, so I wanted to seek clarification on that, please.

Yeah. This is the first time I've heard about lighting on the trailers on the site, so I appreciate you bringing that up. Obviously, we have, you know, people here who can address that, and I know we've asked for you to be dark sky compliant. I know you're working with PPL to make them dark sky compliant. And I think it's important that during construction that, you know, we try to be compliant, and not bother the neighbors, with lighting that could be shielded and, you know, facing downward unless there's a security issue.

I can address that if you'd like.

Yeah.

Yeah. So this was brought up at the planning commission meeting last Monday. So the next day we talked to the PowerHouse and we talked to Whiting-Turner, the contractor. There had been some light towers, temporary light towers. They've been removed from the site as I was told as of recently yesterday again. There is a few lights on, I think, the doorways to a few of the office trailers, and there may be a few wall packs on the office trailers, and they've set those to motion detection only for security and safety reasons only. So there should not be any lights.

If there is, I would definitely wanna know, and I'll take it to the contractor, because as of today, they said there shouldn't be any lights coming on, unless if they're motion activated, of course. But there should not be any bright light towers, nothing like that.

Okay. Thank you. Just wanted to double-check. We heard so much about so many jobs being created with this, and wanted to find out, do we currently have all local companies working on everything that has to do with PAX-1? We do not have any out-of-state contractors working on this project? Yes.

No, I think it's probably impossible to have everyone be local. We do the Whiting-Turner on-site visits every other week, and they're running, you know, 80 to 85% of workers, I think it's within a 50-mile radius. So they're trying to use local people as much as they can. Obviously, you know, Maine Blasting is, their headquarters is in Maine, but they have offices up and down the Mid-Atlantic. And the people that you met, I assume you went to one of the meetings, I was there. Not the one you went to, but the one the following night. And, you know, those people are not necessarily local, but some are more local than others.

So I think they're trying, and I think that that's important

I mean, yeah, if we're all being disturbed, I hope so, right? The diesel testing plan we asked about, and we were told specifically we would not be given a plan on diesel testing. So I would like to know with the number of generators that we were given the last time, about 500, how is that not gonna be done, literally the testing of the generators, Monday through Saturday, 12 or 13 hours a day? Because when you do the math, if they're testing them for 30 minutes, all of them has to be tested every month, that's 13 and a half hours per day, more than 20 days a month.

So that's, if you do the math, and I spent an hour or two going through this, I think what you're calculating is you're calculating every generator running by itself. They'll run it in a bank. So you may have 20 generators running at a time for 30 minutes. So you may have days... And again, the run schedule is not under the township control. I understand it's a hot issue, and I understand why it's a hot issue in terms of emissions and noise. But I think the math that has been presented here is wrong, that if you have a bank of generators running together, you may only have 30 to 60 minutes of generators running all together in a single day.

That's good to know, but are they gonna actually provide information that is shared with us? I'm not asking for a schedule, but so that we have a better understanding of how this is gonna impact, specifically those of us on the road and directly across, right, the creek where that pump out comes and that first build-out's happening.

Right. No, I think that's gonna be important as we get into, you know, land development. We have an end user. You know, we'll have a number of generators. You know, we don't know the number of generators. Is it 450? Is it 550? Is it 700? I don't know. We don't know. They'll be given the parameters by DEP. I've talked to our regional people from DEP about how these things are permitted, and they'll give them a number how many hours each generator can run in a year. Okay. And the anticipation is based on other data centers that they will actually be far less than what they're permitted to do on an annual basis per generator.

Okay.

But I think that has to be public information somewhere along the road when we have, you know, a tenant identified and we have a final plan, that I think that's important because, you know, I think it's a... Hopefully we will have some say in this, and maybe people say, "Well, I'd rather run at night." Most people would rather run during the day. You don't want to run on weekends. You don't want to run on holidays. So hopefully that becomes a discussion with the public to allow the residents to have some input when that is ready to be enacted. Okay?

Okay. Thank you. And just a follow-up. So I wanted to also find out, have you guys had an opportunity to study the health information that has come out from studies on diesel impacts to our air quality in this area specifically, and how that those of us directly impacted across the street are gonna be breathing this in for five days a week? It is very, very, very ugly at my house. I literally have a migraine all day long when I'm outside. You can say that you understand the challenge, unless you live at my house, and my neighbors. So we're not going to go there, but I wanna know, have you guys actually taken time to study the health effects that this is going to have on us over the next five years for the build-out, and then additionally impacts that have been quoted and shared throughout the world on what happens when these are stood up, on the noise emission, the diesel emissions, et cetera? Because if not, happy to share the stuff that I pulled, but I wanted to know specifically, have you guys taken time to actually review any of that information?

I did receive some things from some retired physicians who are friends of mine from the Clean Air Board. And I did forward it to the developer earlier this week, about, you know, clean air monitoring during construction on large projects. So I have not had a response back from them. They did acknowledge receipt of it and I'm sure they're reviewing it. It's a lengthy document. And I can't tell you what's gonna come out of it.

Understood. And then, as far as the berm goes, yeah, it's way above what it's supposed to be. It covers my second story window. I'm just gonna say for me right now, I'm good with that. Yeah. It breaks the sound barrier. Not only do I get the beeping, but I get the honk, honk, honk. Yeah. We have beeping and honking. We have diesel fuel smells all the day long, and the traffic on the road is crazy. Mm-hmm. I mean, it's insane already. I can't even imagine how much fun it's gonna be when you guys ramp up 100%. This is not okay. It's not. You guys need to vote no.

About the company... This is not your turn.

He's not talking the truth. He won't say the truth. He won't say the truth. Why don't they come with my contractor? Why don't they call my contractor?

No, he said... This is not your turn. This is your first warning. You cannot talk out of turn. This is a township of 8,000 people. It's not a township of one. It's not a township of one. This is your first warning. Ms. Rosa, this is not your chance to speak.

Do you know what happened? Do you know what I'm talking about? About the truth. What about my contractor? Contract. My contractor contract.

Okay. Mr. Dymski, will you please speak? Mr. Dymski, this is your turn. Start the three minutes.

My name's Andrew Dymski. I live at Bernheisel Bridge Road. And my first question is when would we expect DEP approval on the 72-hour storm release for the stormwater management system?

That'll come in association with their approval of the NPDES permit. So Nick may... You probably have the latest information on where they are in the approval process there. But before you do, though, seventy-two hour dewatering time is the statewide standard. Okay. Middlesex's requirement of forty-eight hours is a little bit different than the state standard. The modification that they've requested is to default to the seventy-two statewide standard. So I do expect that DEP will approve it. It's not really an approval. It is their standard already. Okay. The other reason that you may be asking about is the MRC basin model, which again, is a statewide permitted stormwater management type.

But the formal approval of that will come in association with the NPDES permit. And, Nick, you may know where exactly that process is there.

Yeah, so we're working

on that NPDES

E&S design, post-construction stormwater design. Typically, we like to get through township review. We have a few minor comments to address, so that's what we're waiting to get through the township review and looking to submit that to the conservation district in the next few weeks.

Okay. Thank you. My second question is around the cooling units because the first two buildings have said they've got the old units because of supply chain issues. What about the next buildings that there's data centers going up all over the country? There's no guarantee that those high-tech ones will be ready after that. Are there any provisions in place in the developer's agreement to preserve the HVAC designs on buildings three on?

Mr. Courtney, is any of those elements in the developer's agreement? I suspect not. No, that one isn't. Is there any concern that these, you know, hybrid systems for evaporative cooling will not be available moving forward?

I don't

I don't believe so.

No.

Otherwise, we would, we would be...

it would have plan impacts, right? Yeah.

It would have plan impacts. Well, because I think if there was a lot of air conditioning units on the roof, they would exceed the seventy dBA at the property line.

That's what I'm worried about because they're right on the line right now. And I mean, it's ridiculous to say that you can know that there are supply chain issues coming because there's a ban on this right now.

There is a little bit of a check and balance on that aspect in the building permit process, where they'll have to submit their detailed HVAC drawings. And if they submit something that is materially different than what's in the land development approval, specifically the noise study aspect of the land development approval, then I think Mark and the building codes folks can kick it back and say, "No, you know, can't build that. That's not part of your sound study. You'd have to amend your sound study, get a new land development approval," et cetera. So there is another catch that we have in the process.

Yeah. We're

we're making, like any other plan, we're making certain assumptions. And those assumptions are based upon what we know to be more readily available. So this plan is based upon the design that's reflected on the plan. If something changes, then something else would have to be done.

Great. So my next question is around the SRBC permit. We talked last time about the project being nested under MTMA's allocation. But on our township zoning ordinance, it's hard-coded in there that they need that permit, and so are they getting a variance for that? It doesn't say, "Unless MTMA is covering you," right?

I'm just trying to find my communication with SRBC, who specifically said any project that's using municipal water does not have to get that permit. It's the consumptive use permit that they'll need. Anybody consuming over twenty thousand gallons per day will have to get a permit from the SRBC. They will not need a permit from the SRBC because they're using municipal water.

Okay. Would you mind forwarding that to me?

I'm not sure if I can. You can feel free to reach out to SRBC yourself. Our local person is Michael Applebee.

Michael Applebee?

Yeah. Michael Applebee is the person who deals with our region and, you know, I would assume that he would be happy to talk to you about this.

That's great. I think the root of the question is it's not even an SRBC issue, it's a zoning issue, because the zoning ordinance says they need it. Well, it's not a zoning issue.

I'm talking to the board of supervisors.

Yeah. Well, then, you know, then that might be something that we need to address in our zoning ordinance if it's in there, and it's improper. I'm not sure at this point. It's something we'll have to address in our zoning. And obviously, as you well know, there is a legal case, and if these things come up in the court of law, and they say that we're violating zoning, and the project gets shut down, then so be it.

I understand that. We can't adjust our zoning in the middle of a project.

Correct. It's hard-coded.

The next piece, and last thing, I really appreciate you bringing up the environmental impact assessment again. To Mr. Courtney's statement about the independence is on the township side, I assume that means since you didn't catch it, it's good. And this is just a pattern. The owner of the data center is also the owner of Livic. They've amended general use permits that were applied to Cumberland Knoll so that there'd be no public commenting period about that. They declined to do a new environmental impact assessment last week or last time. They declined to do it this time for the Appalachian Trail Conservancy. We're here, and this is by right, which means we didn't get hearings as a community to share alternative points of view on this whole process, and we might not be able to get a chance to do that again.

And so this is bad behavior in sequence, and this is when the developer is supposed to be acting their best because they need approvals.

That's true

And it's disheartening as someone who has to live with those environmental impacts to be told the independence is with the township, and the township missed it, and we're just supposed to suck it up and deal with it.

Yep. That's true.

Yep.

Is this your second time up, Mr. Beam?

Yes, Zach, I just have a comment about the ask about the hours working, is what I'm gonna speak about, Country Club Road. At a previous meeting, when they started to dump the stone, that was brought up, the hours. At that time, at the meeting, it was told that they would start at 7:00 in the morning. They would work to 5:00, and shut the gates by 6:00 in the evening. Well, I tell you now, they're out there at 6:00, because I hear them every morning. Yeah. So somewhere along the line, somebody didn't take notes or something, but they can't remember what we were told when they were supposed to work.

Thank you.

Thank you.

Let me tell you where they don't get that company out state. Michael Baker, we have a on-call agreement with Middlesex Township. So if this material, it will be a work order under that, but it's the township engineering and the referenced land. Development project is highlight potential and urgent matter, but would typical conduct this review, but he need to outlet some item. He will feel more comfortable if he did not have to handle everything. I already have work order to review this transportation impact study for the township. They have, that company work with the township. I'm sorry.

Mike, you want to be able to respond to that?

Yeah. Michael Baker is a consultant to the township, just like my firm,..., is a consultant to the township. Mm-hmm. Michael Baker, I understand, has reviewed traffic impact studies for the township on numerous developments in the past, and continued that relationship with this project. Specifically the turn lane at Country Club Road and Route 11. Their representative reviewed the traffic impact study for that.

Good evening. Jim Gehr, Spring Road. The master developer's agreement, extremely confusing. It's talked about many times. It was represented by the developer's representation tonight in a few different ways, a lack of consistency. The question I have is, has the township ever received a draft in this, whatever state, of the master developer's agreement? We talk about it, but I've never seen one.

Has the township seen the draft? Yes, many times. Okay. And that township would've been me and Bud Grove. Okay. Mr. Hess, Bud Grove, and I have been working on developing terms and conditions for that master development plan, excuse me, agreement. We've been going back and forth with Mr.

Korda. How do we maintain the list of items that come up and ought to be considered for inclusion? Because they're constantly talked about at, you know, supervisor meetings, planning commission meetings.

What's your concern then?

Well...

There are things that the planning commission wants incorporated in the agreement that are not being incorporated? Well, I don't know if they're included or not. That's because it's not in a final form yet for this body to even

consider. It's going to be. Okay. So we'll maintain a list of items for when we do get a chance to... Sure. That's the question.

Sure. And because I'm here at all these meetings hearing resident concerns, I'm relaying them to the solicitor and to the engineers, "Hey, these need to be in here, and they need to be addressed in some fashion." So I don't think I'm missing anything, because I've been at all these meetings. But there's things that, you know, anybody, any resident has a concern about, you know, send an email to me or to Zach at the township and say, "I think these things are important to consider in an MDA," and we'll take that under consideration.

Earlier this evening, one of Charlie's comments was that the master developer's agreement is complete. Well, I take it it's not complete. So it may be misspeaking at times in the references made, so it just gets quite confusing.

He's not misspeaking.

I was looking for clarity.

He's not misspeaking. What he made clear was there's a master developer's agreement, there will be, and there are gonna be amendments to it as some of these plans get closer to the final plan approval stage, because a lot of the information that needs to be addressed can't be addressed properly until those points.

Okay. And Zach, if I'm misunderstanding that...

No, we are 100% on the same page, Steve. This, the initial version of the master development agreement that would be executed, and this would be before any final plan approval, will be dealing with financial security, because the township desires to hold financial security even at the preliminary plan stage, and it will deal with the construction, reconstruction, repairs to Country Club Road. Those two items will be specifically dealt with. The remaining development items will be done with an amendment to that agreement prior to or in connection with final plan approval.

That's what I said earlier. Zach, another item. Thanks for the enhancements, follow-up on the speed control signs. I did see today that there are four back up, although the one coming back towards Farleigh Pike on the right side of the road was not functioning.

Yes.

Yeah, I meant to say thank you for that. My apologies, yes. Thank you, guys. Are we done with them? West Hill Road. Good meeting, good discussions, good comments and questions. As I just kind of sit here tonight and just take in the dynamic, the energy, I think we're all exhausted, but not done. Being a process type person, I can see areas where there needs to be improvement, so I think my couple questions sort of lean in that direction. And, Phil, I appreciate your thoughtful comments, your leadership, your obvious knowledge and studying of the topic and all the different aspects of it.

Sometimes I wish the developer would answer some of our questions, but so I just want to reiterate because it was one of my questions that's been asked a couple times. So on this 3D rendering, do we have a commitment? Is there something I can write in my notes to say from, actually from the developer, not maybe from you, Phil, because it's not your deliverable. So, Mr. Courtney and Nick, I don't remember your last name, when can we expect to see a 3D rendering?

Yeah, I think what Nick said earlier was that we were finalizing those renderings, and we plan to present them to the planning commission as early as July 13th. Yes. So July 13th.

Okay. And it's interesting. If you look at Charlie Thompson's article in December of 2024, which was, you know, in the paper about this development, again, it was some time ago. It was in PennLive. There's a 3D rendering in that article, kind of an overall 3D sketch of what it's gonna look like. If someone wants to, you know, go back in the PennLive.

Oh, okay. Well, all right. That's been brought up before. So, and then it was interesting to learn, I believe, Phil, you were asking about seeing the developer's responses to the county comments, and Mr. Courtney indicated he had sent them to Mark at the beginning of June. So just kind of wondering why you haven't seen them. That's now officially a month ago.

No, no, I think you just sent them. June 1st. Oh, was it June 1st? Yes. Okay. Well, and that's just something we would have to internally work on our process because I wanna see everything that comes in in regards to this. Yeah. Definitely. Yeah. So Mark said he'll send them to us, and hopefully, Mark, you'll work on when these things come in, that it's important for the supervisors to be aware of that, just, you know, add our contacts and send the email.

Yeah. Especially since you're the folks that are making the decision, and now here we are tonight at the 13th hour again. Right. And there's information that you're missing.

And again, this is preliminary land holdings.

Yeah. It's not final. Yeah. Thank you. Yep. And then to that, kind of just all those together, as a project manager, I would always have to have a timeline for all my stakeholders, for all my deliverables, different functions. So does that exist from the developer to the board, which is the primary stakeholders, and certainly to all of us? I mean, there's been many meetings where people had to ask. Well, you know, you were asking Mark, "Well, what's the due date for our decision on this?" It turns out it's today. And I'm not putting you on the spot.

I'm just asking, is it not published? It should be here on the wall. There should be a slide showing this is where we are in the development plan. I don't care if it's five years out. These line items ought to be transparent. I know they shift given different things, but we don't get to shift our decision-making. But, you know, how do we know? How do we know what

they're doing? Well, and Mark... Hold on. I'm gonna address this. I think it's a good idea for us to consider putting, you know, the submission date for the plan and, and the review dates of when they have to happen. I knew what had to happen today. I asked him that question for the audience to let you know what happens, and we just say, "Well, we're gonna ask for an extension." They're going to deny, and we're saying, "Okay, we're not doing anything," and then it means it's approved.

Yeah.

And that doesn't help anybody. If we vote no, they're gonna take us to court. And this is what we get every time. People say, "Well, say no, and they can take us to court." It's not gonna work out well for the township or the residents. But Mark, if you have a comment to...

Yeah. I just wanted to add, the deadline for plan action is on every planning commission agenda under each item.

I do see that. Honestly, I do. But there ought to be a whole project timeline, and the dates and what the deliverables are. That would be a better... I don't know if it has to be... Yeah. And

I... We don't, we don't see it. Yeah, I think that's, you know, something we'll have to talk about internally is, can we put that timeline on when the plan was submitted and when we have to act on it, so you know what's coming and what the drop-dead dates are.

Just it helps with the whole communication and our request for more transparency. Okay. And I think... So it sounds like tonight you have to vote, approve yes or no. But there's only two of you here, and Mr. Goodhart's not here, so

Two is a quorum on a board of three.

Oh, okay. Yeah. Can we get a board of five?

If we become a Class 1 township, we get big enough, like Hampton, then it'll be a five-member board.

So is that a requirement that a popul... it's driven by population?

Yes. It's population density.

Okay. I did not thank you.

Yep.

Am I allowed to ask a second question?

If it's brief.

Okay. Beth aboard, Teaberry Drive. Just to follow on the vote, if the only way to vote, you're saying, is you have to say yes or you could get pulled into litigation, what happens if you abstain and note that you have qualms about what's happening and that you're not getting a new environmental impact agreement or review? I mean, can you do that and not get in trouble? Just so for the record people see if you feel that way. I'm not putting words in your mouth.

If we don't vote, it's deemed approval.

But you could have a note in the record saying that you had... It doesn't matter. So, but... If we don't vote, it's deemed approval.

Okay. But there's a lot of scrutiny for everybody on these minutes, and your constituents, the people you represent may feel better knowing that you made a note that you weren't in full agreement, even though it's... Right. Thank you. And again, not putting words in your mouth.

All right. I'm gonna make a motion.

I move that we approve relief from the following sections of the Middlesex Township Subdivision and Land Development Ordinance Number 8-2017, SALDO, and the Middlesex Township Stormwater Management Ordinance 6-2011, SWMO, for the preliminary land development plan for Pennsylvania Digital One, Phase 2, subject to providing written request and justification for each relief sought and listing the relief sought on the cover sheet of the plan set.

1. SALDO Section 501.A.2, modification of the requirement for plan scale not smaller than one inch to 100 feet.

2. SALDO Section 501.A.6, modification of the requirement for location map scale not smaller than one inch to 1,000 feet.

3. SALDO Sections 501.C.19, 303.J.12 and 303.K.12, deferral until final plan of requirements for metes and bounds descriptions of easements.

4. SALDO Section 703.I.4, waiver of the requirement for the crest curb and driveway entrance openings along PA Data Drive.

5. SALDO Section 707, waiver of requirements for installation of sidewalks and pedestrian paths along both sides of new interior streets with required note on plan.

6. SALDO Sections 718.D.3.a, 718.D.4.a, 718.D.4.b, 718.D.4.c and 718.D.4.d, modification of requirements for minimum plan scale not more than one inch to 100 feet for required maps and physical resources within the environmental impact assessment report.

7. SALDO Section 501.C.12, deferral until final plan of requirements for acceptable design and phasing of Country Club roadway improvements with a preliminary plan.

8. SWMO Section 302.A.13, deferral until final plan of requirements to provide construction details for stormwater inlets.

9. SWMO Section 303.H.12, deferral until final plan of requirements to provide geotechnical engineer certification of stormwater managed release concept design.

10. SWMO Section 303.J.3, modification of the requirement for stormwater detention basin side slopes not to be steeper than four units horizontal to one unit vertical, and for stormwater detention basin bottom slopes not to be less than 2%.

11. SWMO Section 303.H.17, modification of the requirement for all stormwater infiltration practices to infiltrate the stored volume within 48 hours.

12. SWMO Section 303.B.2, modification of the requirement for infiltration of surface water runoff at its source as a primary mechanism for stormwater management.

13. SWMO Sections 719.B.2 and 719.B.3, deferral until final plan of requirements to provide final landscaping plan.

Do I have a second? Second. All those in favor? Aye. Motion carries. Take a breath. I move that we approve relief from the following sections of the Middlesex Township Subdivision and Land Development Ordinance Number 8-2017, Middlesex... Bill, why did you take action on the plan?

What?

You read through them.

No, I did the waivers. You did the waivers. Waivers. So it's plan, now you have to do the motion. Motion number two. Okay. Motion number two. Okay. It's two.

Page two. I missed that, thank you. So I move that

we approve the preliminary land development plan for PAX-1, Phase 2, subject to the following conditions:

1. That the applicant satisfy all comments and conditions of Township Engineer Bud Grove, PE, in written review letter number four of J. Michael Hess, PE, of HRG in a manner acceptable to the township engineer subject to his final review.

2. That the applicant satisfies all comments and conditions of the township engineer, Bud Grove, PE, in a written sound study review, letter number 1, J. Michael Hess, PE, of HRG, dated 4/23/2026, in a manner acceptable to the township engineer, subject to his final review.

3. **** That the applicant satisfies all comments of the Cumberland County Planning Department in written review dated 1/12/2026 for plan number P25-1176.

4. That a restrictive covenant be added to the plan by note stating that no water wells will be drilled on the property, and that all existing water wells on the property will be promptly abandoned and sealed in accordance with PA DEP regulations.

5. That per Section 710.E.2.b of the Subdivision and Land Development Ordinance number 8-2017 as amended, the applicant pays the Middlesex Township the required fee in lieu of dedication of park and recreation areas for the subdivision of $1,000 per disturbed acre of development area prior to the final plans being signed by the township and released for recording.

6. **** Lastly, that the applicant enters into a developer's agreement with Middlesex Township regarding required public improvement and post financial security for required public improvements as build plans and engineering inspection fees for this plan with the township in an amount acceptable to the township engineer and form acceptable to the township solicitor prior to the final plans being signed by the township and released for recording.

Do I have a second? Second. All those in favor? Aye. Motion carries.

Moving on to phase 1C.

I move that we approve relief from the following sections, the Middlesex Township Subdivision and Land Development Ordinance 8-2017 and the Middlesex Township Stormwater Management Ordinance number 6-2011 for the preliminary land development plan for PAX-1, phase 1C, subject to providing written request and justification for each relief sought and listing the relief sought on the cover sheet of the plan set.

1. SALDO Section 501.A.2, modification of the requirement for plan scale not smaller than one inch to one hundred feet.

2. SALDO Section 501.A.6, modification of the requirement for location map scale not smaller than one inch to one thousand feet.

3. SALDO Section 501.C.12, deferral until final plan of requirements for acceptable design and phasing of Country Club Road improvements with preliminary plan.

4. SALDO Sections 718.D.3.a, 718.D.4.a, 718.D.4.b, 718.D.4.c and 718.D.4.d, modification of requirements for minimum plan scale, not more than one inch to one hundred feet for required maps of physical resources within the Environmental Impact Assessment Report.

5. SALDO Sections 719.B.2 and 719.B.3, deferral until final plan of requirements to provide final landscaping plan.

6. SWMO Section 302.A.13, deferral until final plan of requirements to provide construction details for stormwater inlets.

7. SWMO Section 303.B.2, modification of the requirement for infiltration of surface water runoff at its source as a primary mechanism for stormwater management.

8. SWMO Section 303.H.12, deferral until final plan of requirements to provide geotechnical engineer certification, stormwater management and managed release concept design.

9. SWMO Section 303.H.17, modification of the requirement for all stormwater infiltration practices to infiltrate the stored volume within forty-eight hours.

10. SWMO Section 303.J.3, modification of the requirement for stormwater detention basin side slopes not to be steeper than four units horizontal to one unit vertical, and for stormwater detention basin bottom slopes not to be less than two percent.

Number eleven...

Is number three on the other...

Yep, I got it. Okay. SALDO Sections 501.C.19, 303.J.12 and 303.K.12, deferral until final plan of requirements for metes and bounds description of easements.

Bill, I think that's it.

Number twelve. I suppose. SWMO Section 303.H.17.

We already covered that, though. It's number nine on... That you already read. Number nine on the second page. We already covered it. I'm sorry. Yeah, I thought you said we had to add one. I don't know. Yeah, me too. Yeah. That's what I wrote down, but it's already covered.

I see. Definitely. It is. Correct. Thank you. Strike that last one. Do I have a second? Second. All those in favor? Aye. The motion carries. Is there an executive session? No. Oh.

One more motion.

What?

Conditional

It's hot. Yeah.

I move that we approve the preliminary land development plan for PAX-1, phase 1C, subject to the following conditions.

1. That the applicant satisfies all comments and conditions of the township engineer, Bud Grove, PE, in written review, letter number 2 of J. Michael Hess, PE, of HRG, dated 6/8/2026, in a manner acceptable to the township engineer, subject to his final review.

2. That the applicant satisfies all comments of the Cumberland County Planning Department in written review dated 5/11/2026 for plan number P26-302.

3. That for Section 710.E.2.b of the Subdivision and Land Development Ordinance number 8-2017, as amended, the applicant pays Middlesex Township the required fee in lieu of dedication of park and recreation areas for the subdivision of one thousand dollars per disturbed acre of development area prior to the final plans being signed by the township and released for recording.

4. **** That the applicant enters into a developer's agreement with Middlesex Township regarding required public improvements and posts financial security for required public improvements as those plans and engineering inspection fees for this plan with the township in an amount acceptable to the township engineer and form acceptable to the township solicitor prior to the final plans being signed by the township and released for recording.

5. That a note be added to the plan indicating that when the temporary construction site trailer use on PAX-1, phase 1C is no longer needed, the site will be returned to original grade and meadow conditions, except for areas with established berm buffers and landscaping screenings with language of such plan note being in a manner acceptable to the township engineer, subject to his final review.

Do I have a second? Second. All those in favor? Aye.

Opposed? Do you agree with the conditions

As to both plans, yes.

Thank you.

He has agreed. Okay, meeting adjourned.