Legal Update

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

All meetings

Board of Supervisors · Workshop

Friday, July 31, 2026

51 min

The board took no action on PAX-1. Dr. Phil Neiderer said the developer had agreed to two of ten items he proposed for the master developer's agreement, and the other eight matter before Phase 1B is considered. Seven people spoke in public comment. They raised construction noise and hours, a conflict of interest in the environmental study, and how officials treated residents. One asked for weekday-only construction from 7:00 a.m. to 5:00 p.m. The board appointed a Recreational Advisory Board member, set an October 7 hearing on the county's solar text amendment, and approved two contracts and a truck sale.

All meetingsBoard of Supervisors workshop · Friday, July 31, 2026
00:00 / 50:33

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

Call to Order, Pledge of Allegiance, Moment of Silence

Dr. Phil Neiderer (Supervisor, presiding)

Good.

(Gavel.)

Unidentified speaker

Oh.

Let me call the Middlesex Township Workshop Meeting to order. Please stand, remove your hats, and we'll do the pledge.

(The Pledge of Allegiance is recited.) "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."

Dr. Phil Neiderer

While

Unidentified speaker

you're up, let's stop for a minute for a moment of silent prayer for Officer..., Corporal..., who, as you know, passed away two weeks ago. Thank you.

(to 00:01:13, a moment of silence, with chairs scraping.)

Public Comment

Dr. Phil Neiderer

Okay. We all can go ahead. We'll start with public comments. Again, this is for comment not on, on matters that do not appear on the agenda, for the PAX-1 comments. We're limiting, you have one moment to, one chance to talk. It's gonna be three minutes. You have to be a township resident or a taxpayer in the township, and you have to state your name and your address. Go ahead.

(A bell rings.)

Hilda Vazquez

Good morning. My name is Hilda Vazquez, Country Manor West, twenty-five... Today, I want, concern to the super... I said board. The last meeting, something happened, and I think that because the camera is recording from everybody, it's, it's really sad that people who work in the township don't respect the resident. Two people don't respect me here. Mark Carpenter, before he start the meeting, he close to my chair and said, "You have to try keep quiet." It's unacceptable. Also, when I try talking for a third time, Tracy Gleim screaming from everybody. It's unacceptable. I'm a resident. I'm arguing like everybody. I'm talking hard because if the township have power, I can present my power too.

Sometimes the people in the township don't respect the resident. I'm never, I've never tried to disrespect anybody here, but I'm trying talking with the truth, but it's not, it's, it's not good when Mark Carpenter coming to my chair and try quieting me. Thank you.

(A bell rings.)

Andrew Dymski

My name is Andrew Dymski. I live at Bernheisel Bridge Road. I have a question to the board around the environmental impact assessment that Livic Civil has completed for the PAX-1 project. I've been here before talking about the conflict of interest that Mr. Ross has being an owner in both firms, and how I don't believe it's acceptable that the township has accepted that environmental impact assessment. In our ordinances, it says there needs to be a mutually agreed upon vendor. And to hear Mr. Courtney sit in front of this body and say the township's independence, the township's ability to review it is the report's independence, I don't think that's enough.

I want to share an email that was written one year ago today from Mr. Grove. Mr. Bud Grove says

"Justin, to determine if conflict of interest exists, our potential subcontractors want to know who the project owners/developers are. Can you send me the names of the partners who are invested in the project? Bud."

Justin gets back just a few minutes later and says

"There are entities in the joint venture, American Real Estate Partners, DBA PowerHouse Data Centers, McLean, Virginia, and PA Data Center Partners,..., Pennsylvania."

That's all he says. Although he is an owner of that second entity, never makes that clear when Bud asks him, "Are there conflicts of interest here?" So my ask to the board is, have you guys requested or seen a copy of the cap table for either of these entities to determine the individuals that are benefiting financially from this engagement?

Dr. Phil Neiderer

No response.

Andrew Dymski

And if, if you can't answer that, would you please look into it? Just so that you guys can do your job and know who's benefiting from this. As residents, if we're gonna live next to sixteen hyperscale data centers, we at least wanna know that the environmental impact study was done with fervor and not compromise.

Dr. Phil Neiderer

So

(A chair scrapes.)

Jason Bulock

My name is Jason Bulock. I live at Golden Drive, Carlisle, in the Meadows, about three thousand feet away from this hyperscale data center that's under construction. My main concern, I brought up a piece of information at a number, a number of the planning sessions that have occurred for this project. There was an article written in Wyoming, let me find it here for you so that you can go read it for yourself. It was published on cowboystatedaily.com, it is titled, "Cheyenne Won't Take Data Center Wastewater After Meta Contractor Contaminated System." I'm not gonna belabor the point and read the whole article.

It's on video online. I've read pieces of it. You can go read it for yourself. It was written by Kate Meadows on July 2nd, 2026. As far as I know, there are no retractions printed for this article, and the city, the folks in charge of the wastewater there are the ones alleging that this contamination came from Meta's eight hundred million dollar facility that they recently built and started up in Cheyenne. I have not seen anything that shows that it wasn't them, and no retraction has been printed. So I think it's an issue that deserves the attention. On top of that, it's come to my attention that the township ordinances need to be updated as far as what current pollutants are, not just coming from these centers, but modern construction of different types.

So I would respectfully ask that you gentlemen take under consideration that maybe we need to take a harder look at things that are known new contaminants that potentially could affect our water supply and our environment. Thank you.

(Someone clears their throat.)

Michelle

Michelle Denofa, Fieldstone Drive. And I just wanted to... I was here on Monday's meeting as well, and I thought it was a disgrace how this township treated the people in this township, that the, the officials. Tracy screaming at Hilda, there was no reason for that. We have a right to ask questions. Mark, when he was mocking the people sitting here, when he was clapping when they spoke with a grin on his face. I thought you were here for the people, not for the money. I'm sorry.

(Someone clears their throat.)

Jody Shivell

Good morning. Jody Shivell, Teaberry Drive in the Meadows. I have only one topic to discuss today. This would go to the board of supervisors and the township manager, Middlesex Township, and I will give you a copy for the record. In addressing the BOS, I would like to mention my property is only separated from the PAX-1 property line by the creek, which is a few hundred feet at that location. Now, of course, the buildings are further up on the hill, but the actual property is the creek between us and it's a few hundred feet. I'm here to only address one issue, the ongoing impact of constant noise on myself and residents.

My request is limited to reducing the impacts of constant construction while work continues. We're early on in this. I guess evidently I probably should have maybe even put this together sooner, would've maybe had some answers, hopefully by next week. The ongoing impact of constant noise on myself and neighboring residents, my request is limited to reducing the impacts of constant construction while work continues. So I'm talking currently, not the buildings in the future, at this moment. The current construction schedule is usually 6:00 AM to 6:00 PM, six days a week, and has significantly affected my ability to peacefully enjoy my home. This is an issue that affects nearby residents every day since the beginning of all the construction. I respectfully ask the board to explain what authority the township has to reduce these impacts specifically. One, can the township require a construction noise management plan? I can give you these, and you could maybe discuss it next week.

I, I... Maybe you're not ready for the answers, that would be fine. Can the township modify or recommend changes to the construction hours? I understand there's currently a verbal agreement for 6:00 to 6:00 with the township. That was discussed with me this morning by Mark. Has the township evaluated whether additional mitigation measures are appropriate for the residents living adjacent to the property?

So maybe we need to ongoingly look at that and adjust it as we go. We don't know what the... It's gonna change. The sounds are gonna change. I don't think it's gonna go away though, that's the problem. And as long as it's to the level it is, it's definitely a problem. Has the township evaluated whether additional mitigation measures are appropriate for residents living adjacent to the project? I also respectfully request that the board consider a construction schedule of 7:00 AM to 5:00 PM, Monday through Friday, with no routine construction on Saturday and Sundays, except in emergencies or when otherwise required.

That would considerably decrease those complaints, and make life a little more tolerable. For all of us, really. I mean, that is a big issue right now that's certainly affecting a lot of people, their sleep, their rest, opening windows, the, you know, the company, everything. A lot of us have houses that where our main areas face the property. If the board believes it does not have the authority to consider these measures, I respectfully ask that the legal or ordinance basis for that position be explained on record. And that's it. That's, you know, the noise, the noise is gonna be going on, and we never know what phase it's gonna be at or how long it's gonna be, and it started a little before 6:00 this morning, actually, so...

Unidentified speaker

It was a big storm.

Jody Shivell

So, I don't know. So, I don't know.

(A cough.)

Earl Beam

Good morning. Earl Beam, Country Club Road. Expanding what the young lady here just said, if you go back in your minutes, Mark, go back in your minutes, months and months ago, it was stated that hours of operations, I have them marked down from 7:00 AM to 5:00 PM, and the gates lock at 6:00 PM. Of course, the lady's expressed that. I live there. I see it every day. They're out there at 6:00 in the morning. The trucks are coming in. I learned to put up with it, but here's your another example of a problem. There's a machinery of some sort running now behind my mountain across from my house.

It, it's putting off some kind of sound that actually hurts my ears with my hearing aids in. I can't wear my hearing aids in my house. The noise and the vibration coming off of that, you can't even hear your TV. You gotta turn your TV up. I don't know what it is, but they need to back that off. I can't sit around or walk out in my yard and wear my own hearing aids because of this vibration. So, if you please could check into that and go back and check your minutes, or read minutes. Months ago, it was 7:00 AM to 5:00 PM.

Gates lock at 6:00. Thank you.

Dr. Phil Neiderer

Just to let you know, Mr. Beam, we were there on site on Wednesday, this week, and they are using a hydraulic rock crusher to crush the infrastructure that they had put down for the housing development, so it's curbs. And that's mostly what they're doing. They said that's gonna last, and this was exit maybe, like two, two weeks. And then, and then that will be, that, that should be gone at that time.

Earl Beam

Well, do they need to run it eight hours a day that I can't go outside?

Dr. Phil Neiderer

Well, I think that's what we've discussed before, that, you know, I know there's been concerns about blasting, which is, which is understandable. The one way to, to take care of rock is to have these hydraulic rock hammers going, you know, 10, 12 hours a day. So I, I think it's a good example of why, you know, if we had to pick one, maybe blasting is a little bit better than those hydraulic hammers, 'cause it... We, we were on site. It was, it was very loud. I'm sure it's very, very disturbing. But it should be stopping here within the next, hopefully, two weeks.

Earl Beam

Okay. Thank you.

David Wenner

My name's, my name's David Wenner. I live at Fieldstone Drive. I just wanna say that I share all these concerns regarding the possible conflict of interest and the environmental study. And I wanna add that I was, I was here some weeks ago when the subject came up. One of the supervisors said it at least, it's at least a very bad look. But I heard Mr. Courtney's explanation of why it's not a conflict of interest, and I just wanna say as a citizen, I found it amazing that he, that he believes what he said. And, I mean, I know he's a lawyer, and he...

You know, it said according to the law it's not a conflict of interest, but I just wanna say as a citizen, it's just really hard to accept that explanation. I mean, when you start thinking it through, I mean, Justin obviously has a major financial stake in the results of that study, and I think he also has... I mean, again, when you start thinking about it just as a citizen, there's... The results of that study has all kinds of financial and professional consequences for him. As a result, it's just, like, really, really hard to abide by the results of that and accept that as, you know, that's the best advice we can get regarding the environmental consequences of that project.

Thank you.

Emails Read Into the Record

Dr. Phil Neiderer

Any other public comment?

Zach Zook (Township Manager)

I just wanna put into record, we had two emails this week, one from Christopher.... You guys have been forwarded the email for that one. And then Roberta... from Sassafras Lane, she sent an email yesterday. I forwarded that to you guys as well, in regards to the construction noise.

Appointment to the Recreational Advisory Board

Dr. Phil Neiderer

All right. On to agenda items, discussion of possible motion to appoint Clara Jennings to the Recreational Advisory Board. In our audience, we met her this morning. Always appreciate anybody who is willing to, to step up and try to make the township a, a better place, and certainly recreation, the department is, is very important. They bring a lot of enjoyment for people both in and outside of the township, so I think there's a lot of room, hopefully, as people want to potentially grow, so appreciate your willingness. So I'll make a motion to appoint Clara Jennings to the Recreational Advisory Board. Do I have a second? Second. All those in favor?

(Coughing.)

Unidentified speaker

Aye.

Dr. Phil Neiderer

Motion carries. Thank you. Appreciate it.

Unidentified speaker

Okay.

Resolution of Appreciation, Emergency Services Honor Guard

Dr. Phil Neiderer

Thank you. Discussion, possible motion approving a resolution of appreciation for services for the emergency services honor guard. I'll, I'll read the resolution. This was at the services for Corporal... It was, it was a very emotional day for a lot of people to see a young man lose his life and, his family and his children there. And it was, you know, I certainly commend Chief... for all he did for keeping his team together and, and the honor guard for, for being there.

It was really, it was really, really touching to, to see Corporal... being put to rest in a, in a proper and respectful manner.

Unidentified speaker

Um

Dr. Phil Neiderer

so this is a resolution of the Board of Supervisors, Middlesex Township, Cumberland County, Pennsylvania.

"Whereas Middlesex Township is grateful for the professionalism, dedication, and services of the Emergency Services Honor Guard for Cumberland County, PA. Whereas between the dates of July thirteenth, twenty twenty-six and July seventeenth, twenty twenty-six, members of the Emergency Services Honor Guard played a vital role in the coordination and execution of the funeral services for Corporal Michael..., a dedicated member of the Middlesex Township Police Department. Whereas Middlesex Township values Emergency Services Honor Guard's precision, discipline, and ceremonial excellence, which upholds the dignity of the occasion and the memory of Corporal... Now, therefore, be it resolved that the Middlesex Township Board of Supervisors hereby express its sincere appreciation and gratitude to the members of the Emergency Services Honor Guard for their outstanding service and coordination in this matter, and for their continued dedication to honoring those who serve the community, adopted this thirty-first day of July, twenty twenty-six by the Board of Supervisors, Middlesex Township, Cumberland County, Pennsylvania."

I know we have some of the honor guard here, and Bob... and his team, if you guys would stand up, please. Greatly appreciate your, your attendance and, and your service at, at that event. Do I... Second. We've got a motion to second. All those in favor? Aye. Motion carries. And at, at some point the chief will, will deliver a proper resolution for you folks, and really appreciate everything you do. I know you're busy across the county in, in a lot of different events and really appreciate everything that you do. Thank you very much.

Thank you.

(Clapping.)

Unidentified Emergency Services Honor Guard member

Can I say just one thing? Sure. Sure. I just wanna say thank you very much. On behalf of the team, we will accept this resolution with extreme humility, though, because it's not why we do what we do. Our team has never been about recognition, so we're very thankful. Our mission rather is to serve, and our mission became very clear whenever Chief... called us and said, "We need your help." Our mission was about honoring Corporal..., supporting his family, and standing alongside Middlesex Township Police Department during one of their hardest times. That hardest day was not just that day, it's every day that they get in that vehicle, and they go out on patrol.

So we're so thankful that you trusted us to help you in honoring Corporal..., and we will continue honoring him through serving others just like we have Middlesex Township. We'll do it with honor, dignity, and respect, with intention and humility because that is what every first responder deserves. So thank you very much for your recognition.

Cumberland County Solar Zoning Text Amendment

Dr. Phil Neiderer

Thank you. All right. Next, discussion possible motion on application by Cumberland County for zoning text amendment to allow principal solar energy systems by conditional use in the institutional districts. And I know the team from the county is here. You presented just earlier in the month about the proposed project. And I did a little research on trying to figure out what happened because it used to be that principal solar was allowed in institutional districts. And we had the new zoning ordinance last year. As you know, it was a work in progress.

It took a few years to, to get done. And I went through all the minutes from, from the initial drafts until the final resolution. I could not find any reference at all about why the conditional use for principal solar was taken out of institutional. I actually think it was a clerical error, because there's just no reference at all as to, as to why it was taken out. So I would like to make a motion to authorize the solicitor to take all action necessary to prepare an ordinance, provide notice, and schedule a public hearing for October seventh, twenty twenty-six at six PM on the text amendment proposed by Cumberland County to the Middlesex Township zoning ordinance to permit principal solar energy systems by conditional use in the institutional zoning district.

(Clapping.)

(Coughing.)

(Someone clears their throat.)

(Coughing.)

Unidentified speaker

Second.

Dr. Phil Neiderer

All those in favor? Aye. Motion carries. We'll, we'll... When that time comes up, we'll have a public comment and time to discuss at that point. And so thank you for coming.

Unidentified speaker

Yeah, you didn't get up early this morning, did you?

(Laughter.)

Items Not Presented

Dr. Phil Neiderer

All right, the... Solar development project, they're not here to present. No. Correct. Today. And Meadowbrook Farms Phase X is also not here to present. Yep, they'll be Wednesday.

David Wenner

Phase 10.

Comprehensive Plan Steering Committee

Dr. Phil Neiderer

Okay. So discussion, possible motion on selection of steering committee representatives for new comprehensive plan. As you know, we've been using... We really wanna get this thing moving and get it off the ground. So they've given us some guidance on residents that we should select, that will be part of the process, on the steering committee. Every resident will have the, the chance to, you know, have their voice heard on a variety of, of venues. Either Zach or I talked to all the people that we have selected. Is there someone here? Here's the list, Chair.

Oh, there you go. Thank you. So again, we have a lot of people have stepped up and raised their hand, which we certainly appreciate. And, you know, just because you're not on the steering committee doesn't mean that your voice will not be heard. Everyone's gonna have a chance to be heard. At this point, I make a motion, I guess I have to make a motion to support these people. Roger Drake, Schaefer Road, John Manta, Wolf's Bridge Road, Kelley Brickey, Elizabeth Way, Jocelyn Colyer, Bernheisel Bridge Road, and Mike Durazio, Ridge Drive. I'll be on the steering committee on behalf of the board of supervisors, and Rob Neffley will be on the steering committee on behalf of the planning commission.

So hopefully we'll get meetings started here ASAP, and then start having some public meetings where everyone can, you know, have their input. Obviously, there's a lot of issues that, you know, have come up through these last six, nine months, and I think a lot of things that we have looked at that maybe we could do better with, the township. There's challenges with construction, noise, zoning ordinances. There's a lot of things I think we can improve upon, and hopefully this is a start. I appreciate everyone who's raised their hand. What about Ed?

Well, Ed I thought was not interested. He's

Zach Zook

not? Yeah, I think he will participate. He's not on the steering committee, but there is a steering committee. Okay.

Dr. Phil Neiderer

Just as a, as a member of the emergency

Zach Zook

Member. Right.

Dr. Phil Neiderer

services. Right. So he'll, he'll be there, I think, in committee as well. So those are the motions to set those five. Second. Second. All those in favor? Aye.

Zach Zook

Aye.

Contract with DocuScript for Planning Commission Minutes

Dr. Phil Neiderer

Discussion, possible motion approving contract with DocuScript to provide meeting minutes for planning commission. Zach, do you wanna discuss that? Yeah. So we had

Zach Zook

reached out to this company, DocuScript, been working with her. She actually provided some minutes. We're trying to get it sorted out exactly how the planning commission members would actually like to see their minutes. But so DocuScript is a company that we've been working with here.

Dr. Phil Neiderer

Local. I think they're local, correct?

Unidentified speaker

Yes. Okay.

Dr. Phil Neiderer

And do, do we need to discuss the amounts or? Yeah, but we don't necessarily need to discuss the amounts, but of course you need to approve the contract publicly. Yes, if it's approved. Okay? Yeah. And a lot of this with, you know, is just unload staff. They've been very busy. Whether people realize it or not, right to know has taken an awful lot of work. It takes an awful lot of staff time and costs a lot, a lot of money for the township because everything has to be reviewed by, by the solicitor. Not that we're discouraging right to know, but it is very, very time-consuming for the staff.

And these are just a way to, to unload some of the work to a professional organization. So I'll make the motion to approve the contract with DocuScript to provide meeting minutes for the planning commission.

Unidentified speaker

Second.

Contract with iSolved Solutions for Payroll

Dr. Phil Neiderer

All those in favor? Aye. Motion carries. Discussion of possible motion approving contract with iSolved Solutions for payroll and time tracking services. Again, this is obviously another very time-consuming thing. It's kind of amazing when I came here to realize that, that you folks were doing payroll. Yep, in-house. Yeah. Which is almost unheard of, in this day and age.

Zach Zook

And so there's a lot that goes into it even behind the scenes, making sure that all the taxes are gonna get paid. So I reached out to several different companies. We have a couple of different quotes for this. Again, iSolved, there actually used to be PayTime and iSolved bought them out. But we do have a local representative in the area here that's gonna work with us to get this set up. So we're gonna get to this. Again, they'll take care of making sure that all the staff gets paid, and then they'll take care of stuff behind the scenes, making sure that the taxes get paid and deductions and stuff get removed and placed where they need to be placed, so.

Unidentified speaker

How, how many hours

Dr. Phil Neiderer

were you taking between the two of you every two weeks for payroll? I would say probably me probably a few days worth. Yeah. Yeah. So it certainly makes a lot of sense. I'll make a motion to approve the contract with iSolved Solutions for payroll and time tracking services. Second. All those in favor? Discussion possible motion to approve selling 2020 Mack Granite tri-axle dump truck.

Sale of the Tri-Axle Dump Truck

Zach Zook

So we have this tri-axle that's been replaced. We received delivery of the new truck several weeks ago. So we're looking at putting this truck on Municibid and advertising it for sale in the local circulation here, and it's still a decent truck, so we're hoping on getting a fair amount of money for this truck. And being that it is a tri-axle, it could be bought by any trucking company to use for hauling stone. And obviously, it does have a snow plow on it. Whether the purchaser uses the snow plow or not, that's up to them.

But it has been replaced, so we're gonna try to get rid of this truck and utilize the new

Unidentified speaker

truck. We replaced it with a

Zach Zook

tandem, right? Yes. Yeah. So the tri-axle is nice if you're out on Country Road, when you're trying to get into developments and stuff. It is... So it's a little bit larger. Yeah, harder to maneuver in some tighter areas, so it's nice to have smaller trucks that can get in some of the other areas.

Unidentified speaker

A very good plan.

Dr. Phil Neiderer

All right, I'll make a motion to approve selling the 2020 Mack Granite tri-axle dump truck. Second. Second. All is in favor? Aye. Motion carries.

Unidentified speaker

What year is that?

Excuse me a sec.

What year is that?

Zach Zook

2020. Or '16, sorry. Okay. Yeah, I had the wrong one here. Oh, it's a 2016.

Dr. Phil Neiderer

2016

Zach Zook

yeah.

Unidentified speaker

Sorry about that. I was trying to remember. You guys can correct that.

I didn't, I knew it wasn't a 2020.

John Manta

Okay.

Dr. Phil Neiderer

'Cause it seemed a little new to be selling. Yeah.

John Manta

Yeah, yeah

Jody Shivell

I thought so too.

Data Center Construction Update

Dr. Phil Neiderer

Okay. Zach, you have any updates for us on the data center?

Zach Zook

So, again, we did have the meeting, construction update meeting on Wednesday. I specifically asked how they are making out on, on like their schedule, their timeline. It sounds like they're on schedule, if not even a little ahead of schedule. So we've been actively playing this and things. They are done blasting for now, so there's a pause. They did make a comment that they are gonna try to commit to do some baseline well testing here in the upcoming weeks for those that live close or have wells. They also made mention that they're looking at bringing in an on-site concrete plant, to actually make concrete on-site rather than have trucked in from outside.

So that'll save some trucks from running up and down Country Club Road, obviously, stuff to bring raw materials in, so. I think they're stocking out again right now. And then, yeah, they are running trucks on Country Club Road bringing, stocking stone. More noise, filling their stock pile again. Not to the extent that it was earlier in the spring, but they are still running trucks in, in and out. I

Dr. Phil Neiderer

can actually get out of the circle drive, so. And the, the stone, the stonehouse is gonna stay as far as we know? Uh, yeah, I've not heard different at this time. Okay. Talking about the old farmhouse. Yeah. On the front. It's right there along Country Club Road. And, and

(A laugh.)

Zach Zook

the brick farmhouses in the back? Yeah, the two brick farmhouse, I believe, are gone. They're working on actually tearing the barns down right now.

Board Response on Construction Noise

Dr. Phil Neiderer

Yeah, I, I really obviously understand, you know, noise is a significant problem. I don't know, Mr. Shivell, I'll take a look at what you provided to Zach. I mean, we do try to advocate for the residents when we can. Our zoning ordinance, the noise, you know, temporary activities related to construction, maintenance of buildings and facilities, including site preparation, is actually between six and nine PM. I did reach out to Silver Spring Township, their township manager yesterday, and asked them what their noise ordinance is for construction. It's six AM to ten PM.

So, out. So, not saying that that's good either, just giving you the reference point for, for what's, you know, in the, in the community. I think we should try to do better moving forward if we can. You know, based on our zoning ordinance, we don't unfortunately have a lot of control over when they're doing the construction other than making sure it doesn't start, you know, prior to six. But if there's, if there's violations, that you see there's violations, and with you being, you're obviously quite close, you know, feel free to, to reach out to Zach and, you know, so we can try to do what we can to make sure they're following the rules.

But I think that, you know, it's disheartening to me to hear that, you know, residents feel they've been disrespected. I apologize for that. That's, that's not right. I think we can all do better. I know Mark Carpenter is a, is a good human being and a good Christian man. And, you know, I'm sure that doesn't make him feel good to hear those kind of comments, and I think we can all do better in our interaction with the residents. I think we'll continue to try. So I apologize that you felt that you were disrespected.

That's, that's not the way we should operate.

Unidentified speaker

Okay? I can't...

Model Data Center Ordinance

John Manta

It, I have a model ordinance for data centers that I'd like to pass to Zach that I would appreciate you guys look over. It was given to me by a really good friend, and it has a lot of information in there about what we should be doing instead of looking back and saying what we should have done. And I hope that you guys take a very serious look at that. Sure. And at least pay lip service to it because it's a good document. Thank you. It's

Dr. Phil Neiderer

interesting, I looked at lots of zoning ordinances for, for data centers, different model ordinances or things that other townships, municipalities are doing, and a lot of the setbacks, if you look at these... I don't know what that one is, obviously I'll look at it, but a lot of the setbacks for residential are 2 and 300 feet. Mm. It's really close and, if you go down to Ashburn, Virginia, where most of us went and took a tour, I mean, there's houses right across the street. Right across the street, yeah. There's daycares, there's doctor's offices, there's gyms, there's grocery stores.

I mean, they are, they are adjacent. I'm not saying that that's right, but it is striking when you, when you go down there at how close these are. There's over 200 down there to, you know, to residential areas. So, I'm sure there's room to improve, and that's one of the things we'll look at with our comprehensive plan and how can we improve ordinances across the board, not just for data centers, but for a variety of things. So, I appreciate you bringing that in.

Question on the Comprehensive Plan Pause

Unidentified speaker

But which...

Can I ask you another question? John Manta, Woodridge Road. When, several months ago, we discussed not taking any action on anything until the comprehensive plan review was completed.

Andrew Dymski

Mm-hmm.

John Manta

And what I heard this morning was we're gonna take into account the solar fields. Yeah. So, I'm a little bit confused on. The. One time you say we're not gonna do it until the plan's done.

Dr. Phil Neiderer

No, no. And now we're saying we're gonna do it. It was very clear, the motion that I made in January is that we are putting a pause on further data center development or data center overlays until the comprehensive plan is done. The other business could be done as needed. It was strictly for data centers.

Unidentified speaker

Just da... okay. All

Dr. Phil Neiderer

right.

Unidentified speaker

Yep.

Andrew Dymski

Thank you.

Dr. Phil Neiderer

Yep.

Developer Agreement and Community Benefits Agreement

Unidentified speaker

With the... Would you guys be able to give an update on the status of the developer agreement and the community benefits agreement, and how the timing of finalizing that aligns with final plan approval for phase 1B? Would you like me to discuss that?

You can.

Andrew Dymski

A little bit, but I'll...

Unidentified speaker

I've been working on it.

Dr. Phil Neiderer

Yeah, we... I mean, it's a very important document. So, you know, trying to have a document that protects the township, and particularly residents and nearby moving forward. So, based on a lot of the comments that have come out of these meetings over the last six months, you know, we've taken those to heart. We've gone to the developer and I gave a list of, I believe there was 10 things. The developers agreed only on two things, basically stormwater management, operation, and maintenance moving forward, as well as the redo of the Country Club Road, and that clearly not enough.

So, there's eight other items that I have proposed to them that I think is gonna be very important before we consider phase one or phase 1B approval. So, it's in their hands. They're gonna review it, and we'll see if they come up with something by next week or not.

Andrew Dymski

Thank you.

Jody Shivell

Is noise amongst that?

Dr. Phil Neiderer

Excuse me?

Jody Shivell

Is noise amongst that?

Dr. Phil Neiderer

It'll, noise monitoring moving forward is part of that.

David Wenner

Yeah.

Dr. Phil Neiderer

And just to be clear, this

David Wenner

is the agreement that you summarized some weeks ago, and it would have those various funds. Yeah.

Dr. Phil Neiderer

No, that is a community benefits agreement, so that's completely separate. That's a voluntary donation, so to speak, by the developer to benefit the township with a new police station, parks. Okay, to reduce taxes. So this is developer's agreement, which is more technical, more with engineering things to monitor, you know, air quality, noise, look at water use, look at industrial wastewater, and how we're gonna monitor that. So, all these things that have been brought up by residents. So it's a different document than the community benefits agreement.

David Wenner

And how, when, what's the... Can you just give a very brief update on the community benefits agreement?

Dr. Phil Neiderer

Well, that's part of the master developer's agreement that I wanna make sure that that's signed. It would be obviously contingent on them getting approvals and passing whatever legal hurdles there are. And but that in my mind needs to be signed, that they do agree to that, that, you know, if the project goes through and passes, you know, all the legal hurdles that it has to go through, then that's a signed document. Okay. 'Cause, I mean, Mr. Beam just brought that up that, well, there's nothing signed, nothing's signed. And so, well, let's sign the damn document contingent on, you know, if the project goes through, then we're gonna get these things.

Unidentified speaker

Okay, thanks. What's the gentleman's name that had his hand up earlier?

Mr. Hamps.

John Manta

Well

Unidentified speaker

I was just, I was just agreeing with Phil.

Oh, that thing. Yeah.

(A laugh.)

... Well, Mr. Beam first.

(A laugh.)

Air Quality and Dust

Earl Beam

Mr. Beam. Oh, go ahead. Go ahead. Okay. You're talking about these points you have. Is there anything in there about air quality and air temperature now and after the buildings are up? Because at this point in time, our air quality right across the street is really terrible. I mean, if you come to my house and look at the dust or look inside one of my cars, the amount of dust. I understand that a lot of that's from blasting and, you know, we've had some extensive dry weather and stuff, and I see them out doing water trucking truck. But I'm concerned about, you know, after all this construction done, about our air quality and the air temperature changing.

Dr. Phil Neiderer

Yeah, the air quality monitoring will be part of the master developer's agreement, hopefully. I know, I think it was Mr. Kurtz who was, I think, in the back there, sent something to the DEP. I don't know if you've heard anything back from them about air quality monitoring during construction. No, I have not. Okay. I thought it was a very good letter. And I think you folks put a PurpleAir monitor in your house. Mm-hmm. Mm-hmm. I saw that on the website. Right on the, yeah. So that certainly, that's good that, you know, people are engaged with that.

So if you can keep us up to speed if you hear anything back from the DEP, we'd certainly like to be in the loop on that as well. Well

Earl Beam

so my question then, okay, if this is done, I don't care how much money I've gotta spend, I'm gonna have air quality control done, and if it doesn't meet the quality it's supposed to be, so who do I go back to? The township? PAX-1? Who am I gonna go back against, 'cause I will. Yeah. 'Cause I don't want my grandchildren sitting up here breathing air that's not fit because something was done. Something was done already. Right.

Dr. Phil Neiderer

I think most of your interactions will have to be with DEP and EPA because they're the controlling entities.

Earl Beam

So in other words, the township or PAX-1 has no, has no liability in this when they're creating the issue?

Dr. Phil Neiderer

Well, PAX-1 has, will have liability, and if there's an issue that they're out of compliance, that they will have to then get in compliance. Okay, thank you.

Water and Sewer Allocation, Decommissioning

Hilda Vazquez

The township can provide the water, sewer service allocation agreement?

Dr. Phil Neiderer

Have, have they... The, well, the township... Are you talking for PAX-1?

Unidentified speaker

Yeah.

Dr. Phil Neiderer

Yeah, yeah. Well, the water and the sewer is under the control of the Middlesex Township Municipal Authority. Municipal, which is a separate entity from Middlesex Township. We work closely with them and sort of had a lot of discussions with them about this process and we're looking at trying to add some of those elements to the master developer's agreement, even though technically we don't have control over that.

Hilda Vazquez

Okay. It's separate, they don't provide to the township for... here in the meeting or whatever. Correct. Okay. And other question, the last one. The PAX-1 provided the, the decommission plan already?

Dr. Phil Neiderer

That'll also be part of the master developer's agreement, that a decommissioning plan is something that we have requested.

Hilda Vazquez

Okay.

Jason Bulock

Okay? In that plan, will you guys be entertaining a decommissioning bond? Is that part of that plan? Yes. Okay, thanks. Yeah. Do we need the executives to. Okay

Unidentified speaker

send that opinion? Phil. Yes. So speaking about the decommissioning plan, because we did talk about that quite a bit at the planning commission, and Mike Hess from HRG said that that was not a requirement in the state of Pennsylvania to have a decommissioning plan for data centers. So but we are putting this into what we want?

Dr. Phil Neiderer

Correct. But you're right, the only thing that's required in the state of Pennsylvania's decommissioning plan is for cell towers. Right, and solar, and for solar, solar

Unidentified speaker

panels.

Dr. Phil Neiderer

Now, you know, whether or not the state will do something with decommissioning plans for data centers as the years go on, I don't know, but we're asking for it even though it's not required. Pretty much everything we're asking for is not required by the developer. If it was required, we would not have to ask for it. Sure. So we're asking for these to ask them to go above. Sure, and beyond what is necessary.

Unidentified speaker

And, okay. And so how you feel, do you feel they're going to accept what we're asking? I'm cer... What... I'm certainly. You said you're put, you're, we're putting out to them things that we would like to see. Right. But they're not required to give.

Dr. Phil Neiderer

I guess we'll find out next week. Well, what's our recourse if they say no? We don't have a recourse.

John Manta

Sure we do, we have a lawyer.

Unidentified speaker

Well, that's debatable.

John Manta

We have insura... that's debatable. You're right, that is debatable.

David Wenner

That's another story.

Temperature and Heat Island Exchange

John Manta

Well, forget that for a moment. I heard somebody mention temperature around the data centers.

Dr. Phil Neiderer

Yes.

John Manta

Mm-hmm. Now, the two studies that I've read, one, and they quoted one of them, however they cherry-picked through it. Yeah. And they said, "Oh, the temperature's only gonna go up by 1.7 degrees," which is not true. According to Cambridge Univers... Cambridge, in a 20-year study, and you've heard this pitch before, Phil, because you were here at the meeting the other night. Data center, around the data center within a three-mile radius is gonna raise the temperature between 14 and 17 degrees. I've said that before, and according to two different studies, one that they quoted, University of Arizona study and the Cambridge study, Cambridge did a 20-year study, and they came up with the same thing that University of Arizona did, 14 to 17 degrees.

Is there a way to mitigate that?

Dr. Phil Neiderer

Well, I would say probably no, and I think I disagree that you're gonna see a 14 to 17 degree increase in temperature. Now, maybe right next to a building could you see that. You're not gonna see it, that kind of number past the property line. And I would ask you to look at the temperature in Ashburn, Virginia, where there's more data centers than any place in the world.

John Manta

But Ashburn, Virginia is not Middlesex County, Middlesex Township, Pennsylvania. We don't really care what happens in Ashburn, Virginia.

Unidentified speaker

But it, it's a reference point for. But it's, what happens in reality.

John Manta

It's a smaller building, Phil. There's, there's. It's a smaller center, there, there's more

Dr. Phil Neiderer

than 200 buildings in Ashburn

John Manta

Virginia. In the whole area, yes, but not in one site. They're dry. I, I

Dr. Phil Neiderer

I would encourage you to go down there. They're, I've been down there, one after another, after another, after another.

John Manta

Yes, sir, but they're not all in one s..., one block, like. You'd be surprised. Like this one. There's at least 10 or 12 in, in a block. But that's not 16.

Unidentified speaker

Yeah, that's not.

John Manta

But see, I mean, I... And I'm not trying to be argumentative. I'm not. Right. I promise you I'm not. I'm just trying to understand how the two very, very prestigious universities can come up with a number that says it's gon..., this is gonna happen. This is happening, and then we poo-poo it and say

Unidentified Emergency Services Honor Guard member

"Well, maybe next to the building."

John Manta

And I'm not... Please, I'm not trying to be argumentative. I'm trying to understand. If, if you would share that data you have with me.

Yeah, University of Arizona, he quoted it.

Dr. Phil Neiderer

Well, but you're talking about a different one.

John Manta

Cambridge University. Cambridge. Cambridge.

Unidentified speaker

Over a 20-year period, but I will share it, Don. Please. Thank you.

John Manta

Thank you.

Executive Session, Announcements, and Adjournment

Unidentified speaker

That's the

Dr. Phil Neiderer

British. So we have to have executive session. Correct. Yeah, we have some personnel. Personnel issues. Okay, thanks for coming.

Unidentified speaker

I'm sorry. Go. I just want to announce that there was an executive session for 35 minutes before this meeting this morning to deal with litigation, and no action was taken. Oh. No action was taken. Oh, yes. Chief. National Night Out is being hosted by our police department on August 4th over here at the township park. Everybody's invited, and... Thank you.

One more thing. The county's actually hosting a ag security meeting. I believe it's the 13th, this Friday over here in Table for Farmers. They, we'll have a good talk with the ag security there, so that's coming up.

John Manta

No.

Unidentified speaker

Fine.

Dr. Phil Neiderer

Meeting adjourned.

(Gavel.)

(Background chatter.)

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