Wednesday, August 19, 2026

(Conclusion of the Pledge of Allegiance.) "...one nation, under God, indivisible, with liberty and justice for all." Please stay standing for a short prayer.

Dave?

Heavenly Father, as we open this meeting tonight, I pray that your spirit would flow over this organization and this congregation. I pray, Father, that peace would reign, that tempers would be submissive, submitted, submissive to your will. Lord, you are in control of everything that goes on, and as Almighty God, you have authority. So I ask right now in the name of Jesus that you be with those that are here, be with those that are gonna speak. In Jesus' name I pray, amen.

All right. If we can have everyone's attention, we'll get the meeting started. It's good to be back in my alma mater again. I think the last time I was on the stage in Middlesex Township was 1974 at a spring concert that they forced me to sing at. I won't sing tonight. Jim here, you probably did the same thing. I do wanna thank Cumberland Valley School District for allowing the township to rent this facility to accommodate all these people. Certainly wanna also thank the Middlesex Elementary School and the staff that's here tonight for everything that they've done to get the room ready.

And with that, we'll start with public comment. This comment is to start the meeting. It's for matters that do not appear on the agenda below. Public comment is for Middlesex Township residents and taxpayers only, and we'll open up public comment at this time. If you go to the microphone and state your name and address, please. And we do have a three-minute limit. And with this public comment, you're free to pose a question if you want. This is not a question and answer session. Neither will the second public comment section be question and answer. We're here for public comment, and it's three minutes.

We're not gonna be stopping the clock for questions. If you have questions, feel free to state them. The developer, the staff, the board of supervisors will note those and answer if appropriate. Thank you.

Hilda, Buckeye Lane, Country Manor West. I would like to expose an urgent and serious problem that directly affects the residents of Country Manor West, the impact of blasting at PAX-1 on mobile homes. Currently, the legal and technical framework used to regulate blasting is based on the US Bureau of Mines RI 8507 report. However, there is a critical regulatory gap. This USBM study was designed exclusively by evaluating traditional one or two storey houses built with masonry or concrete on firm foundations. The report completely omits the structural vulnerability of mobile homes. There is no scientific basis or data in this study to show that the current vibration speed limits protect the lightweight structure, chassis, or joists of a mobile home.

As they are mounted on concrete blocks or temporary supports, low frequency resonance magnifies the mechanical impact of the wave. As a key precedent, Solicitor, we have the case of Claudio versus DEP. In this litigation, the resident of the mobile home successfully appealed after demonstrating that the blasting of a nearby mine caused structural damage to his home, despite the fact that seismographs recorded levels below the permitted legal limits. The court ruling of this case identified two fundamental points that we must consider today. A mobile home has a significantly different structural and vibration amplification response than a standard home. Strictly complying with the limits of RI 8507 does not automatically exempt a company from liability if a direct causal link to damage to vulnerable or unconventional structures is demonstrated.

Therefore, I ask the municipality to recognize this regulatory gap and act to protect the property of the residents of Country Manor West, demanding specific controls that contemplate the real characteristics of our houses. The Meadows community is under this regulation. They are on the other side of the creek and suffering from the same impact because they are on the boundary.

Thank you.

I just have an open letter to all levels of government. My name is Sheena Jumper, and I live at... Evergreen Lane. I'm a mom. I would like to express my deep concern regarding the potential construction of up to sixteen data centers in my neighborhood. While there appears to be a major bipartisan support surrounding this project, I have to ask, what about the voices, concerns, and protections of the residents who will most directly be affected? We do not feel heard, not even slightly, by those in positions of power. Respect has been a constant topic of discussion among all parties involved, yet respect is often overlooked when decisions are being made by those with authority.

The growing secrecy and lack of transparency surrounding this process go hand in hand with the lack of respect. From the beginning, the public has received more notice about annual Christmas tree lightings and Easter egg hunts than about life-altering ordinance changes and the potential arrival of sixteen data centers. This is just one small example of how this process has unfolded. At one of last year's township meetings, it was stated that the township had followed the required advertising procedures. Technically, that may be true. However, the advertising consisted of a small notice in a local newspaper that is no longer widely purchased and a letter-sized piece of paper posted on a wooden stake at the entrance to the township office.

Meeting the minimum legal requirement for notification is not the same as meaningfully informing the residents who live, whose lives could be permanently changed. Since that ordinance change, the concerns and consequences have continued to pile up. We are repeatedly told that this project will be for the betterment of everyone. But for those of us living in close proximity to the proposed sites, it is difficult to understand what is better about it. Based on the mapping previously provided, my home is approximately eleven hundred feet from the nearest proposed data center. The impacts on those of us living this close will be significant. This project raises concerns about water and electricity for people both near and far, but for nearby residents, the consequences will extend far beyond utilities.

We will endure years of destruction and construction. After the construction ends, we'll be left with the constant hum and noise generated by these facilities. Our views will be permanently altered. Wildlife and the surrounding environment will inevitably change. Something I noticed on my visit to Ashburn, Virginia. The character of our neighborhood will change as well.

We are told how beneficial these facilities will be for our township, county, state, and nation. We hear about expanding the workforce, increasing salaries and benefits, improving or expanding parks, assistance for schools, and the opportunity to aid the AI industry. But those benefits do not directly improve the lives of the residents who live closest to these proposed facilities. Instead, we are being asked to accept the consequences while continuing to pay the same property and school taxes. These taxes have sustained our community for decades, yet we are now being told that our existing contributions are somehow not enough. We are also facing the possibility of increased utility costs, something that is already beginning to be reflected in our monthly expenses.

And if we want to preserve some semblance of normalcy in our homes, we may eventually be forced to spend our own money on specialized curtains, sound-reducing panels, upgraded windows, fencing, and other measures simply to protect our lives from the noise, light, and other impacts associated with these facilities. That does not feel like a benefit to me. Maybe data centers are necessary. Maybe they have a place in our economy and our future. But residential neighborhoods should not be the place where the burden is imposed on families who have never asked for it. I am asking those in position of authority to stop looking solely at what this project can provide on a regional, state, or national level, and start looking closely at what it will take away from the people who live beside it.

We deserve transparency. We deserve meaningful public participation. We deserve reasonable protections. Most importantly, we deserve to be treated with the same respect that we are repeatedly told this process is supposed to represent. Our homes are not simply points on a map, and our voices should not be treated as an obstacle to your progress.

Please listen to the residents who will have to live with the consequences of these decisions long after the meetings are over and the project is complete.

Thank you.

There's obviously gonna be a lot of people talking tonight. I'm gonna start enforcing the three-minute limit. And I know you and I talked beforehand. Your issue was on sound.

Well, if you will allow me my three minutes.

Yes, you're allowed it. This is public comment for items not on the agenda. I let the young lady speak.

Dr. Phil Neiderer: This is a data center item and a public comment.

Why do you think you are here?

Yeah, why do you think they're here?

We're here because of you.

Guys. Guys. You came to listen to that. You never been here.

Please.

You live here.

You live here. You know they're here. Thank you.

Was low frequency sound addressed?

That's something that you can bring up after the presentation. Was it part of the agenda? It will be part of the agenda because we'll be talking about the master developer's agreement, and sound will be part of that.

Well, you're saying overall sound. I know you were addressing the decibel sound level, okay? But has the low frequency effect been addressed as far as dealing with frequencies in the 31.5, 63, 125, and 250 megahertz level?

No. No. No.

Those are not in the zoning ordinance for the township.

Should that be addressed? And this is an item that is not on the agenda, that you said has been put on the agenda, so you should allow me to-

This is a noise item related to PAX-1.

This is related to PAX-1. This part of the public comment is for items not related to the agenda.

You've already wasted three minutes.

All right. How about if I do this?

You've taken three minutes.

I've lived in, excuse me. Excuse me. I've lived in this valley for 74 years. Can I just... Can you give me a moment? I'd like to speak to the crowd.

No. Boo.

This is a special meeting because we have to either approve or deny this plan before August 23rd.

Boo. Boo. We don't want it.

Whether you like that or not, it's the law.

But you can still deny it.

If we cannot have a meeting tonight-

You created the problem.

-then August 23rd comes, and the plan is deemed approval by law with no conditions.

It means they get to do anything they want to do with no conditions.

You can still try to do something about that. So, okay, sir.

May I ask a question? Do I or do I not have a First Amendment right to speak?

Dr. Phil Neiderer: You do at the appropriate time of the meeting.

Dave: No. I'm sorry, the Constitution does not say that, sir. I have been allowed and allocated three minutes. I would like to speak for my three minutes.

Short of time. Speak. You're wasting time. Just speak.

We'll give you your three minutes.

Thank you. Thank you.

As I've said, I've lived here for 74 years. I have watched this valley grow, and I've been involved with electronics and data transmission for the last 40 years as the IT manager at the postal service in Harrisburg. Are you or are you not going to address low volume, low frequency sound waves as far as emanating from the plant, from the power generators, from the pumps, from the fans, from the coolant? Because this is a 24-hour-a-day low frequency noise level. I know you've said that the 70 decibel is gonna be measured from the property line back. Anything beyond that is not allowable, but low frequency is a serious concern.

It affects emotions, it affects sleep, it affects intrinsic values in people's lives, and all I'm asking is, is it and will it be addressed? Has there been any measurement taken or will there be any measurement taken? Is the 70 decibel limit an instantaneous maximum or an hourly average, a 24-hour or another measurement?

The sound levels that are gonna emanate from this equipment is not gonna be blocked by the berm wall, unfortunately. And as far as I'm concerned, the PAX center's going in. I have no doubt that it's going in. It's being pushed through, sir. However, the community needs to have their safety addressed as far as low level frequencies. It's an ongoing issue. It's been proven by the EPA, it's been proven by WHO, and it's something that needs to be addressed in this particular operation. The equipment that is being installed there is gonna generate vibration noise. It is gonna generate sound waves that are beyond the dBA levels, and if they're not addressed, it is gonna affect every resident within the circumference of that plant.

And that's all I'm asking, is that it be addressed. The other question I have is, I talked to an individual and I said, "What intrinsic value does this data center give to the residents of Middlesex Township?"

None. None.

And I was told it was monetary consideration, period. Now, that's not a good picture. In March, I know my time's running down, in March I drove by here. They were beginning site prep, okay? I stopped by and said, "Was it approved?" They said, "No," but they were spending money to approve it. The perception of stuff is something you guys need to consider. That's all I'm gonna say, and I'm gonna grant you back 15 seconds.

Good work.

That's positive. My name's Andrew Dymski. I live at Bernheisel Bridge. I just wanna join Dave's voice and take a moment and pray for our supervisors tonight. Father God Almighty, we just thank you for your presence here with us. We do invite you into this time. We do ask your spirit of peace might be here. But I pray specifically for the leaders that you have put in place right now. I pray for Dr. Neiderer, I pray for Mr. Goodhart, and I pray for Mr. Geistwhite. I pray that you might bless them tonight as they seek to lead our township. Would you give them wisdom beyond their years and means?

Would your spirit of peace and of truth penetrate this place? And would you be sovereign, or would you be glorified in the midst of all of our conversations and edified in our conduct here tonight? We ask that you might be glorified through this Lord Jesus, in your holy name we pray. Amen.

Amen.

My name is Kyle Gerber. Thank you guys so much for coming out. This is amazing. I just wanted to remind you, if you could wait to hold your applause, if you wanna give it, until the very end when people are speaking, that way we can keep things moving a little bit faster. I'm here tonight on behalf of the organization Stop PAX-1 and on behalf of all the people who have signed the petition on our website, to deliver the following letter to the board of supervisors.

"Members of the board, attached is a petition opposing the PAX-1 data center campus, signed by more than two thousand people between June fifth and August nineteenth, twenty twenty-six through the petition form at stoppax1.com.

Over eleven hundred list Carlisle and Mechanicsburg zip codes, the communities around the site. Four hundred and fifty-eight have supplied written comment. These are your neighbors, your constituents are among them. These are the people that you've been elected to serve. They've raised concerns over blasting that they can feel in their homes, wells, the Conodoguinet Creek, noise, property values, their health, electric bills, and farmland. A selection of their comments follows this letter, reproduced as submitted. The full list of signatures follows that with names and zip codes. Emails and email addresses were collected at the time of signature, but they've been withheld to protect the signers' privacy. The complete records are available to the township for verification.

We ask three things of you with this petition and with this letter. First, enter it into public record. Secondly, please read the provided comments.

Thirdly, where decisions about PAX-1 still sit before you to make decisions on, please weigh what this community is telling you. If a decision is no longer yours to make, then at least go on the record with where you stand. You were elected to look after this community. More than two thousand people are asking you to do that."

Thank you.

Good evening. My name is Mike Coulson, Oak Ridge Road. Real quick question, it's a matter of curiosity by many, many people here tonight. Where is Mr. Goodhart, and why hasn't he been involved in the last couple meetings? Is he on leave? Has he resigned? Is he ill, so we send him get well cards? I know you have a quorum, but it's bad enough we have three men deciding the fate of the township. There's only really two doing it right now. Can you answer that? He's not here tonight. It's very noticeable. He hasn't been here the last two meetings either. Has he already submitted retirement papers?

He's not been here a month. Mike, could you repeat that question?

Has he submitted retirement- Why hasn't he-- He hasn't been here the last three meetings. He's not here.

Retirement papers. We need to know why.

Has he resigned? I mean, is this not- Is this public record that if he's not here, there's a reason? He's not here.

Build some trust.

That's not a satisfactory answer, but I guess that's the best we can do.

Yeah, that's why we don't trust you.

Hello, my name is Robbie Kribell. I live at...

I think I've mentioned this before, I worked for the City of Irvine in California for eighteen years. I worked in public works and community services. And I guess what I was gonna talk about was just the lack of documentation provided to the public. Whenever we had a meeting, whether it was city council, planning commission, sports commission, we had uploaded to the internet an agenda with a staff report, with an executive summary, conclusions, actions, with the documents behind it, so when anybody came to a meeting, they would have the same documentation that you would have at the dais.

I actually, on the last meeting, asked for a copy of this agenda packet from Zach Zook. I never got it. And that's one of the reasons you have a lot of frustrated people, is you don't have documentation readily available. It's not that hard. Even if you don't put a staff report or any kind of conclusion on it, you just could scan it, put the agenda on top, upload it the same way you do the agenda. And when we have asked for documentation, like I said, we have not received it. And also too, I've gone to planning commission meetings. I've gone to just one board of supervisor meeting.

I have seen very unprofessional conduct by city contracted employees towards the residents and towards the planning commission, specifically by the city contracted engineer that's sitting there. I've never seen such conduct by a city employee ever. They would have either been removed or fired from their job if that would have happened at my city.

Give her a card.

Give her a card. And also what I want to say too is I just got back from California.

Of course, I was in the city of Irvine, Mission Viejo area, and I don't think I ever felt so proud of my city, because I know that that city council would never say, "Oh, we have to pass this or we're gonna get sued." They would look that contractor, that developer in the eye and say, "Make my day." And they would make sure that that developer paid, with all the documentation, the proper agreements, everything in order. What I have seen is a lot of, for instance, the one A, one B, when they said they're gonna put in two substandard buildings because of supply chain and vendor, and we come to find out they don't even have a lease.

They just shook their head, and they said, "Okay." And I was like, "It's not okay." It's not okay that they're gonna build two cheap buildings there. And what I'm asking you is not be scared of them. I went to the last board of supervisor meeting, and you said, "Well, we have to do it, or they're gonna sue us." So let them sue you.

Hold up the meds until they give you what's healthy. I just know that they would never, never ever-- And I'm just very proud of the city I came from, more and more after I came here, just based on what we would provide to the public and what information they would have and how they protected us there. And I would just ask that you would do the same protection for us and that you provide us the same information. This day and age, there's no reason not to have it available to us, readily available. Thank you.

Welcome, Dr. Castrina. And I know your comments are really surrounding an agenda item, but I appreciate you coming here. I know you're a non-resident, a non-taxpayer. It's up to the discretion of the board to let non-residents and non-taxpayers speak. I've invited you here to speak for your three minutes on behalf of the Clean Air Board, and feel free to make your presentation now. Thank you.

You have to be consistent with that, you know? You have to let other experts speak.

Okay, I want to talk. He came to the last meeting. So did I. It was over eighty degrees, and you shut him down. What he has to say, you don't wanna hear, and that's why you shut him down. Let him speak.

Monica, please. Really, I think they ran out of time, in all fairness, and Dr. Neiderer did invite me back to this meeting, so I think that's a fair way to deal with it. My name is Frank Castrina. I'm a retired physician. I've lived in the Carlisle area for fifty-three years, and I'm a member of the Clean Air Board of Central Pennsylvania. I appreciate the opportunity to read this statement from the Clean Air Board. We are asking the developers to create a plan for air quality monitoring and to submit it to the board and to Pennsylvania DEP for public comment.

We are also asking the board to add air quality monitoring as a requirement for current and future planning and permitting approvals. Large multi-year construction projects like the PAX-1 in this township produce a significant risk to our area's air quality. Air quality has improved, but Cumberland County just received an F grade from the American Lung Association in their two thousand and twenty-six State of the Air report. Construction activity produces multiple toxic air pollutants and is the reason the Clean Air Board has asked Pennsylvania DEP to require air quality monitoring during this construction. This information has been shared with the county commissioners, the Middlesex board, and the developers.

The developers and supervisors have been given documentation of the construction-produced air pollution, dispersal maps for the pollution. I'll just show you one. This is a map that was produced by an Environmental Health program, and it shows that air pollution just doesn't stay in one spot, as we all know.

Let me show him that map. Let me-- To reach you. He's speaking. Look.

There are health risks from air pollution. The Pennsylvania Department of Health has warned that pregnant women, the elderly, and children are most at risk. This particular school is less than two miles or about two miles in a direct line to the construction site. When I was in practice, I couldn't make a diagnosis of diabetes without knowing the patient had an abnormal blood test. We don't know if the level or type of air pollution is dangerous without monitoring the air. Many area residents are very concerned about the risk of this project on their health. The citizens have a right to breathe clean air and have peace of mind regarding their health and the welfare and wellbeing of their community.

To repeat, the Clean Air Board is asking for a commitment by the developer to create a plan for air quality monitoring. It is reasonable to confirm that the project is not polluting, or if there is polluting, mitigating measures can be taken. We hope the supervisors and developers will take a leadership role in caring about public health and quality of life. Thank you.

Hi, my name is Kyle Defilippo. I live at Golden Drive in The Meadows, and I've been an RN for forty-one years. First of all, I'm very worried about the health effects that are gonna... Well, the last speaker already talked about it. The noise pollution that is causing the constant hum at decibels that are uncomfortable, and the fact that the diesel generators and the problems with asthma and cardiac issues. I was a cardiac nurse for thirty-five years. I'm also very upset that Dr. Phil Neiderer, as an MD, that took a Hippocratic oath to do no harm, is not standing up for the people that elected him. You were elected to do just this. And you are responsible to do no harm to the people of Middlesex.

I live five hundred feet from this monstrosity. My children will not move home because they don't wanna raise their kids around here.

I just think, as an MD, you need to stand up and protect us as citizens and taxpayers. And all these developers do not live anywhere around here. They don't. They live in California. They live in Northumberland. They're not gonna be affected. We're gonna be affected. We need to have a say. Thank you.

My name's Jason Bulock, Golden Drive, Carlisle. I live about three thousand feet away from this data center campus thing. I feel that my respect issues that I brought up last time, once again, fell on deaf ears. I pointed out an email exchange between the developer's attorney and the township's attorney, who I believe is an appointed position, not an elected position. So you could fire him if you wanted to, but you didn't.

I would.

So I'd like to read the email exchange since we have a few more fresh faces in the room.

"Charlie, Bud spoke to me about this yesterday. I do agree with him that the blasting implicates the SWMO, and that activity would need to be addressed as part of the plan approval. I don't know if your client would ask for a waiver of that requirement, but my advice to Bud and the board would be not to grant it. Allowing a waiver of that will turn into a public fecal vortices, to which I don't want to expose either Bud or the board."

So we're intentionally hiding things, and that's okay?

Honestly, I don't feel the need to read the rest of this exchange. It is online. To be honest with you, I was called disrespectful at a previous meeting for saying that my words had fallen on deaf ears. I don't see how that's disrespectful. It's just my opinion. I'm not an elected official. I'm not an appointed township member. I don't draw a salary from you guys. I work at a private business, and I own one. So I have nothing to do with you guys. I do not understand how we have not seen resignations and terminations.

This is not the only isolated incident. There's been multiple occurrences of disrespect at planning commission meetings. Honestly, if I were talking to these guys, I wouldn't want to work with them. So the fear is we're gonna get sued, right? That's the concern. I think the governor made it pretty clear that he's not gonna allow them to steamroll you anymore through an executive order. He also pointed out that Article One, Section Twenty-seven of the Pennsylvania Constitution is being violated by projects like these. It was addressed in his executive order. That is his opinion. It is also my opinion. Also, while I have ten seconds, I wanna know who okayed the flock camera outside the Middlesex Police Station, because it's a violation of the Fourth Amendment.

Thank you.

Good evening. Earl Beam, Country Club Road. First of all, we have some neighbors that are handicapped. They wrote a letter, and they asked me to read it to the supervisors.

"We'd like to thank our planning commission and the past and present board of supervisors for allowing this PAX-1 project. As over seventy-plus taxpayers, residents living on Country Club Road, you have totally upset our lives. We get up and at six AM, the beep, beep, beep starts, followed by the boom, boom, boom of the dump trucks dumping their loads. Now, we have the constant hammering of breaking up rock. Some days we have to wear a mask because the air is so full of dirt, and we, with lung issues, can't even go outside. We had the blasts over our house that would shake the windows, rattle our things inside.

We have cracks in our basement walls, and were told by the blasting company this week that they never saw any charts that their machines registered above a certain number. However, we're not there to feel the blast, but they're not there when it happens. Now, we are deprived the lifestyle we once had. Sitting outside, hearing the birds, seeing wildlife. Now all we have is the noise, the dirt, dust storms, unhealthy air, and just being able to see a big dirt pile. We hoped to have lived the rest of our lives here. At our age, we cannot just pack up and move. We are scared to have our children and our grandchildren come visit. What will our air quality be like when they have five hundred and thirty diesel generators running? We wanted to live our later life with dignity. When we have to sell to go to assisted living, we wanted to get a fair value for our house. Now, who wants to live across the street from this activity?

As for now, we have dirt in our well water, and we have fear of radon in our houses. And we have brought this up at previous meetings as well as about the air quality, but nothing has been done to protect us. In closing, we'd like to say, money is the root of all evil. The township gets at least twenty million dollars, and our residents affected by everything get nothing."

Now, my three minutes, if I'm allowed, because I represented our neighbors that can't be here tonight. So am I allowed to do my three-minute speech? Thank you very much. This is for Mark Carpenter, question. I think you'd be the person to ask, responsible for making sure if something in a past land development permit plan is not correct.

I've asked for months about the excessively high dirt mound to be lowered to the maximum of twelve foot, as in the plan.

At one meeting, Justin, you'll know this, you admitted that it exceeded twelve foot. The excuse was there was extra dirt piled there. Now it's planned, and they have graded behind the bank for other use. So when will you have this corrected? If I was building something and you didn't like what I was doing, you'd make me make changes. Okay. Now, Mark, when are you gonna stand up to PAX-1's people or does PAX-1 rule this? Just a question. You can answer me later, 'cause I've asked it plenty of times. Second, also, I don't think you went back and checked the meeting minutes of what I've asked. In a meeting, Justin agreed the start time would be seven AM and stop at five PM. The last meeting I asked this of you, the reply was, they set the hours, and it falls within the township ordinance.

So I guess you are calling me a liar, and you never did check if I'm correct. Please check the minutes, because I'm not lying. Now, this is a question for the board of supervisors. I read the letter that John Dietrich sent to the board. He asked that any response address those questions specifically and directly, rather than in general terms. However, they were not. So my question is, how does the reply come about, and who approves the reply? I read them, I got answers back that were not even answering real answers. So here's the question. This is by John.

"Was there a quorum convened at which questions were considered by the Middlesex Township Board of Supervisors?

The answers you provided, agreed upon, were selected as the designated respondent. This method would be consistent with existing Sunshine Act if the express rules of the act were followed in convening this meeting. Or has a standard rule or resolution allowing a single board member to speak for the body been adopted publicly? I would expect that a rule or resolution of this type would exist in something such as a memorandum or a notation in the minutes of the meeting. Or finally, was this an informal conversation with fewer than a quorum in attendance, and these responses were informally agreed upon? This approach would fall outside the Sunshine Act quorum threshold.

While the approach is clearly lawful, it also reduces the response to personal view rather than the official township position."

Now, I think everybody would like to know, with the letters, how are these answered? Is it your view, Bill? Is it a quorum of all the other supervisors? How does this work? Thank you very much.

The specific letter that I sent to Mr. Dietrich was in response to his questions, and I answered to the best of my abilities as a member of the Board of Supervisors. I did not discuss it with any other supervisor. He asked open questions. I gave him what I thought were honest and open answers.

Why wasn't the board in session?

They have a right to hear. It's not only directed to you.

Well, you've sent me letters, and I've responded directly to you on my behalf.

Yeah, right, but why isn't the board included in this? If we request as a township, we're not writing to one person. We're writing to get a response from them. He might have a different view. This person has a different view. You have a different view. You would think you'd go together to answer something, but that's not how it's done. As far as I'm concerned, John Dietrich, you spoke on behalf of the Middlesex Township supervisors. This is not my opinion. This is on behalf of the board. So please don't suggest we didn't talk about it. Thank you.

I sent you an email two weeks ago, and you never responded.

My name is Alexia Farrell. I am not a resident of Middlesex, I reside in North Middleton. However, I am employed as a nine one one dispatcher at Public Safety Drive, which is within Middlesex Township. I will not state my address for public record because we are a first responder family, and this is all aired on social media. And I encourage everyone to second-guess stating your address for public record. This goes on social media. I am also a veteran in law enforcement. I am taking my three minutes.

No, you are not entitled to three minutes.

Alexia Farrell: I am. I am a taxpayer.

She pays earned income taxes to Middlesex Township, fifty-two dollars a year.

I am also a public servant of this township, so I will speak, and I am taking my three minutes. And you are invited here. You invited the other man that spoke about clean air. You invited him. How is he allowed to speak and you're telling me I work in this township- I pay the local service tax-

You may speak.

I will speak. Oh, thank you, your highness. Thank you. I am also a veteran and law enforcement officer wife, a homeschool mother of four. We do not serve our community to watch our community be destroyed by the decisions that are being made in this room by two men. As I stated, I am a nine one one dispatcher. I do work at the nine one one center located right here in Carlisle on Claremont Road. We have three large-scale generators behind the nine one one center, and when they are operating, it is extremely loud. It sounds like a freight train. That's three of them. You're proposing eighteen buildings with countless idle generators.

I also want to point out from a public safety standpoint that Middlesex Township does not have its own fire department.

Yeah.

Moving on.

The effects of the decisions that you make here tonight know no municipal bounds.

I live within a five-mile radius of this location. The legacy of the decisions that you make impacts future generations, and I believe that it's important that you hear from them. Therefore, I yield the remainder of my time to my daughter, who is twelve years old. Her name is Sarai Farrell.

We all know about the stillborn cows in Texas and how the cows can get pregnant, but the calves are all stillborn. So what happens to the people in this area close to this data center? And what about the children who live and play in this area? What will happen to them? And why would you put a data center very close to a park and houses and farms? With that being said, why can't people from surrounding townships talk? That is very, very important. You come talk to us at the town hall, but you won't let people from surrounding townships.

You got this. For my generation, we don't want data centers and all of this. It's not just the adults who care. We care. We don't want this. Even if you think it's great, we don't. None of us want this. We don't want a data center. We don't want any of the data centers across Pennsylvania and in America.

I have one more thing to say. I hate data centers, and who's with me?

Thank you for your time, and thank you to everyone that is not a Middlesex Township resident for coming out and supporting.

Hi. Andy Harter, and I'm in the Meadows. I'm not gonna give my address. I've been a resident at this address for over thirty-three years, and I've never experienced such a disgrace as this proposed data center. I agree with all the concerns, issues already documented by Middlesex residents and others, so I won't rehash them all again. Plus, I'm only allowed but three minutes. I feel that you, the Board of Supervisors, the Planning Commission, and many politicians have failed Middlesex residents by allowing beautiful farmland to be changed to industrial zone too near large residential developments, the Conodoguinet Creek, the Appalachian Trail, and this elementary school. This goes against any reasonable common sense.

What I do wanna know is who is ultimately responsible to monitor the current construction and ensure all the ordinances, laws, rules, and regulations are abided by during construction and any ongoing that might happen. It seems that the residents are the ones that have to bring up the non-compliance issues, such as speeding construction vehicles, road problems, too much dust, too loud, berms too high, and apparently still too high, blasting too loud, et cetera. Where is the oversight and protection for the Middlesex residents, the environment, and the wildlife? Just a few Sundays ago, when there was a rainstorm we had, the Conodoguinet Creek changed color due to the storm water runoff from the current construction site.

I reported it to Middlesex promptly that Monday morning, who told me it wasn't Middlesex, that I should call Cumberland County Conservation, which I did and was told they monitor the mitigation and report that weekly. I was assured that someone from the Conservation would look into it later that week, which is probably too late, as they would have cleaned up some of the deficiencies when they started work the very next day. Through a right-to-know request, I received the inspector's report that Mr. Zook should have received a copy of, but I have a copy here that I'll leave you, without the sixty-seven pictures that were taken, and some of those tell a pretty bleak story, even though this was taken many days after the rainstorm.

I also documented that runoff polluting into the creek with DEP but have not received a response yet. So again, who will be responsible for monitoring and accountable for any new potential issues coming up, like diesel fuel spills, poor air quality, loud noise levels, water usage, et cetera? Now that you and our residents know all the hazards from existing data centers, can you do something to help Middlesex residents against this colossal mistake that you created instead of turning a blind eye by helping them build it? Please consider all these ramifications and do not approve this project. Thank you.

There's one more hand. Let's stay on there.

Hi. My name is Jenny Jackson, and I live in the Meadows. My comment tonight is directed to the Board of Supervisors, and it's regarding the executive order from Governor Shapiro yesterday. Just something to think about tonight. In order to be in compliance with the Sunshine Act, there is no legal way to have deliberated your motion tonight in light of the executive order from Governor Shapiro yesterday. Since the executive order was just signed yesterday and the meeting is today, when will you be deliberating your motion in light of that executive order? You cannot vote tonight or take action on the final land development approval for the first six data center buildings because you haven't had time yet to deliberate.

Thank you.

Awesome. That was a smart question. What's the answer? My name's Walter Sprout, and I live over in Country Manor West. Where were you guys when you guys should have sent out letters to everybody before anything even happened? It used to be they had a public meeting, and it took two-thirds majority in order for something to pass. I didn't know anything of this was even going on.

I called the police when I heard gunfire going off. They slaughtered the coyotes that lived on that property. I sat there and listened to them cry. Getting shot. And then another shot, and then silence. And then you hear dogs barking. And then more gunshots going off, ten shots at a time. There's no more deer running around. There's no more fish from Letort Spring Run all the way down past Bernheisel Bridge Road. I fish it every day. All the animal life left. What happened to the protections? Pennsylvania's got a protection saying that the scenery is supposed to be affected and the animal life. Same thing with yours for Middlesex. What about the protections for the Appalachian Trail, Conodoguinet Creek?

I live four houses away from the creek. When it rained, that creek turned pure clay.

Mm-hmm. Yep.

How many people here are for the data center? Raise your hand.

You're for it? Your constituents aren't coming.

What do you guys need to consider? Everybody here's against it. Property values drop.

We've been battered by noise every day. I wake up at six o'clock to beep, beep, beep till six o'clock at night. Beep, beep. I told my neighbor, I said, "Go outside and look." I said, "Remember that movie The Mummy? With the desert scene where there's nothing but dirt in the air? That's what it looked like all over eighty-one in the data center." Yeah, thanks. I called the police and I asked what was going on with the coyotes and the gunshots going off.

They said, "Oh, the farmers are hunting back there. Nothing to worry about there. It's all legal." Why weren't they removed and put safely in another habitat? Or are you guys claiming you didn't know nothing about it? We're asking here, everybody tonight is here for one reason: shut it down.

Thank you. My name is Jessica St. Clair. I have a master's in biology. I'm a former inspector with the Pennsylvania Department of Environmental Protection. I'm a former scientist in the Commonwealth Public Health Laboratory. I teach as a professor of biology, and I also have collected and tested the Conodoguinet before the rain event, so that I know that it is now after the rain event, and it has been polluted. I want to start with the deadlines, because that has come up a few times tonight. The three items carry a board action deadline tonight. There are two things you could do. You could vote no.

Then the deadline has been met if you vote no. The other thing you could do is to ask PAX-1 for a 30-day extension. The 30-day extension would give you the time in light of a gigantic executive order from our governor that has just been passed less than 24 hours ago. The reason I'm saying about that is part of the things and the work that I've been doing has been regional. Your wastewater, your water has come from... The water comes from South Middleton. The wastewater goes to Carlisle. These are regional authorities, and the regional authorities have the right to vote on what is happening.

Yes, you have approval for what you're doing, but I have been speaking with South Middleton and Carlisle, and hopefully soon, I heard there's somebody here from North Middleton who will speak to me. Three members can change the rules of what's allowed in the wastewater and what is allowed in the, from, pulling from the drinking water. So one of the things I've heard since I've been at many of these meetings is that, "Oh, the municipal authority says we can do this." Yes, the municipal authority was started in 1972, I believe, and it has been amended several times and should be amended soon with PFOS. So we have the right to say, "Please give us a 30-day extension," or vote no.

Thank you.

Stan Shivell, I live on Teaberry Drive in The Meadows. The board members boast an impressive curriculum vitae, but your CV is meaningless if your intellectual conceit makes you incorrigible. You prove this by dismissing our concerns and comments in the past. You even call them misinformation. So I just want everybody to know that when you're incorrigible, you'll never change your mind, and it doesn't matter how educated you are if your intellectual conceit turns you incorrigible.

I would just like to point out the Conodoguinet Creek does not just run through Middlesex. It runs all the way down to the Susquehanna River and into the Susquehanna River and then down to the Chesapeake Bay. We all love our seafood, don't we? I am so sick of having my community poisoned, trampled on and disrespected. Thank you. Good day, gentlemen.

Good evening. My name is Alexia Gerber, wife of Kyle Gerber. You've heard our address many times. My husband and I live on Wyndwood Farm, known to many of you as the Christmas tree farm that's served the community for over twenty-five years.

We have the privilege of raising the fifth generation to reside on the farm, our two precious little ones, and one on the way. My husband and I have been restoring the original 1800s farmhouse for years and have dreams as an extended family of what the next chapter of our farm holds. Our roots here go deep, and our hope is to see the sixth, seventh, and subsequent generations enjoy life on the farm, carefree and encompassed by the beauty of our land and the surrounding area that God has blessed us with. With generational ties to this land, we do not have the option to simply move to another location due to the disruptions caused by PAX-1.

We and other farming families with deep roots are invested in our land and in the area's agricultural heritage. We have no choice but to either give up one of the most treasured parts of our lives and families or, unless this trajectory is changed, accept the health and environmental consequences of living next to a hyperscale data center. Our children love playing in the Conodoguinet, spending hours outside each day in the fresh air and enjoying the sounds of wildlife and tractors at work. The thought of replacing these natural resources with polluted water, polluted air, and low-frequency noise disturbance is unthinkable, yet it is the path we are on. These concerns threaten our and our children's very health and quality of life and have not nearly been adequately addressed by the developer, even after months of meetings and presentations.

This is likely because they cannot be adequately controlled or mitigated in a project this size, so there is simply no adequate answer unless the project is stopped or severely curbed. Dr. Neiderer, I thank you for your service on this board, and I would specifically ask you, as a physician for many years, to not shut out the health concerns we are bringing to the Board of Supervisors. Your role has been to heal and protect the health of those in your care, and we would ask you for the sake of the citizens of our township and our children to raise concerns about the health effects of this monstrosity.

As has been cited and will continue to be, clean air and water and more are our rights as Pennsylvania citizens. The Pennsylvania Constitution Article One, Section twenty-seven reads

"The people have a right to clean air and pure water and to the preservation of the natural scenic, historic, and aesthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people."

I cannot think of a project more in opposition to clean air, water, and preserved natural landscape than a hyperscale data center surrounded by homes and farmland like PAX-1.

To the entire Board of Supervisors, I would ask you to remember your role and responsibility. In this locality, you represent the Commonwealth and are therefore called to conserve and maintain these rights for us and for future generations. As our Board of Supervisors, your role is to lead, protect, and represent your residents, not the developer. It is a high calling and one into which we do not believe it is too late for you to step. Please, even tonight, take on those responsibilities and fairly and accurately represent us in this matter, but most important, by voting no or for significant mitigation or delay on this project.

You have grounds citing the Pennsylvania Environmental Rights Amendment and countless other concerns that have not been adequately addressed by the developer. Members of your own planning commission are seeing these concerns and beginning to vote no to the requested approvals. Please step in and vote for the good of your citizens, our children, and future generations. This cannot be walked back. Thank you.

Jody Shivell, Teaberry Drive. For those who don't know me, I usually speak every time, but tonight I'm concerned about the response that we got with Mr. Goodhart. So I'll wait till Dr. Neiderer is listening to this, 'cause I'm not sure who's gonna answer it. This will be about Mr. Goodhart. I also have that same question.

He's talking to you. Right here. Seventy-one.

Okay. Mrs. Shivell, as a physician, I would never discuss personal issues of a patient with anybody.

And I cannot discuss personal matters of a fellow supervisor with the public.

I'm not gonna ask a personal question. I'm gonna ask two questions. You can do a yes or no, or we can do a right to know afterwards, just to clear the air on what my thoughts are. That's all. I don't know if he's sick or not. I hope he's not, but my question is, my point is we only have two people showing up on the board for probably historical votes in this county right now, in our township. And two of you have been together from the start, and I think are very strong in your opinions and what your plan is.

So having that third person, whether it be him or anybody, gives the option for maybe a little bit of conversation if someone doesn't see it the same way as you both do. So my question is, one, has Mr. Goodhart resigned from his position on the Board of Supervisors? And that's a yes or no.

Dr. Phil Neiderer: No.

Jody Shivell: Okay. Has Mr. Goodhart submitted retirement or an intention date to retire?

Not that I'm aware of.

Okay. That question alone, ladies and gents-

That's it. Thank you.

You're all we've got. Who's gonna replace them? He can get as many as he wants, two of them are four.

Hi, Jocelyn Colyer, Bernheisel Bridge Road. Whether data centers are viewed as proposed sources of high revenue with low impact on school districts, or as for-profit industrial companies extracting townships' natural resources, putting heavy burdens on the communities that host them, we all should agree that it's concerning and alarming when data center developers and their lawyers think that they are above following the rules that are in place to protect communities. Ordinances and procedures and processes that are in place to protect all, including people, environment, future generations, should not be treated as optional and viewed as up for interpretation and modification to those with power and money.

Zoning is a promise to the community. It's showing where growth should happen, where neighborhoods should be, and where rural land and natural resources should be protected. Zoning is the result of public input and discussions and years of planning. Overlays and rezoning for specific users is a break in that promise to the community. Your job is not to negotiate with developers and look at tax revenue. It's to ask yourselves, what is the character of the community that should be preserved? This matters more than any revenue projections. Foreign for-profit interests that will not have to live with the long-term outcomes should not be able to alter that.

It begins with one project eloquently explained and made to sound beneficial and reasonable, and then it's another, and then it's another, and then the land is changed, and it will never return to what it was. Rezoning changes the character of everything around it, and people that bought homes, expected neighborhoods, suddenly are living next to an industrial scale operation. Deviating from comprehensive plans and zoning should require extended thought and deliberation, not be rubber-stamped in a single meeting based on promised revenue predictions. Township officials are stewards of the land and should act on behalf of the residents you represent. You are to uphold the safeguards and processes that were in place to protect us.

Instead, private for-profit developers have been allowed to write their own ordinances, specifically saying how to rezone the land with the exact acreage by chance for their unquestioned use. They have been allowed to rush this process, hide impacts, downplay pollution, and divide our community. They've been given access to the township in a way residents are never provided with. The township has demonstrated a pattern of withholding information from the public to reduce and minimize input. Things are voted on so quickly, even members of the board of supervisors and planning commission members are confused what they're voting on. Throughout this process, this private for-profit developer has been given more protection than the very people that live here, your neighbors.

People that drink the water, breathe the air, teach their kids to fish in the creek, that hike the Appalachian Trail on a Sunday afternoon. They gather for meals in their backyards. Elected officials should be listening to residents instead of unknown tenants. It's a betrayal. The township and the township alone is responsible for asking questions, encouraging community participation and representation in its decisions, and acting in the best interest of all the residents who live there and for the generations to come, not for these for-profit corporations. In addition to this board's ignorance of their own comprehensive plan that Stan has touched on before, and the betrayal of their own zoning ordinances, it's important to point out they also ignored input from the county.

The Cumberland County Planning Department disapproved of this rezoning, citing concerns with protect the best first in relation to the floodplain, North Mountain conservation, protection of the Appalachian Trail corridor, and sensitive farming. They also had concerns with grow in and not out, as this intense commercial development extends well beyond the Harrisburg Pike corridor in areas that aren't already developed, which contradicts the purpose of the overlay district itself. Per the Cumberland County Comprehensive Plan, protect the best first means Cumberland County must safeguard, this is quoted from their comprehensive plan, they must safeguard the irreplaceable natural resources that are essential for healthy living and economic prosperity. It lists these and includes the Blue Mountain and the Conodoguinet Creek, as well as wetlands and riparian areas that add to the diversity of the county.

Further, it states natural resources, including clean water, air, and soil, are the foundational, irreplaceable part of a thriving community. It goes on to say that land should not be developed at the expense of natural resources that have enabled it. They recognize their role as a natural resource trustee, and the protection of these natural resources must be the first policy priority for Cumberland County future growth. And they must work to improve air quality. I'm not gonna go over what the Clean Air Board already shared, but our numbers are abysmal. A project of this enormous size and scope should be approached thoughtfully and thoroughly with a long view, as the impacts are not just to this township, but surrounding areas.

This is not accomplished in thirty-nine days to do an overlay or approved in voting lasting only a few minutes. When government fails to ask hard questions in the beginning, communities pay the price for generations to come. This is a massive hyperscale unlike anything Cumberland County has seen before, putting four hundred and thirty-two diesel generators into backyards, putting high voltage lines through private property and farms, and pushing the electrical grid and water to their limits. The developers preyed on this community, and without regard to zoning that was in place to protect the residents and the environment. Now is not the time for promises to be made by the developer, monetary bribes and scraps of protection such as the community agreement.

All of our concerns should have been discussed and addressed before this monstrosity broke the ground. This was circumvented time and time again by the developers working under old permits with the township blissfully compliant. Again, when government fails to ask hard questions in the beginning, communities are left paying the price for generations to come. This is their business, but this is our lives. Growth and preservation can happen simultaneously and thoughtfully. I have been filled with a sense of pride as I've watched this community get involved. Neighbors who have previously been strangers have become friends. They've put in countless hours working together to research and inform themselves.

They have spent so much time coming to meetings, asking questions, questions not driven by fear, but by love and pride in their community and a sense of personal responsibility based on moral conviction and ethical views. That's a beautiful thing, and this community should be proud of that. That should carry more weight in the township side than any promise of revenue. The township has a moral responsibility to make Middlesex a better place. The long-term ramifications and cumulative impacts of a data center of this size and scope are unknown. And to put that in our community at breakneck speed while minimizing public input without following the promise of our zoning is a mistake.

What story have they told you to get you to ignore this? Why will this board not accept responsibility in that? You have to acknowledge your own agency in creating and now the opportunity to fix this problem. I won't cosign that this is inevitable. I'm asking you not to as well. Do not allow them to justify this. It's never too late to do the right thing.

You know where I live. I just have a question back on the supervisor thing. Back in January, we put Steve Larson as an alternate in. So would he come in and step in for Goodhart?

He was appointed as a vacancy board member.

I'm just using the term that was used in the actual meeting.

Well, he is a vacancy board member. He would not be automatically slotted into the board of supervisors. The current board of supervisors, if there is a vacancy, has the authority to appoint a new supervisor to fill the vacant position if one should arise. And that person then would have to run again at the next municipal election if they desire to run again.

So if you appointed him in, then he's in until the next-

Municipal election.

Okay. Is there a length of time for Mr. Goodhart to be gone, or is that just like an up in the air thing?

Well, if a supervisor decides to resign, the board has forty-five days to accept a letter of resignation and then thirty days to then appoint somebody after the acceptance of resignation.

So he can just miss until his time is up from now until his next election run. Is that what you're saying? Basically I'm saying if he doesn't show up for so many times, is there a point where the board makes a decision or he has to say, "I'm not here anymore"? No? Mr. Brenneman's saying no. Okay, so he can just be there or not here until his next term. Okay. Thank you. That's all I needed to know.

I am the Reverend Ricky McCarl. I'm the vicar at Good Shepherd Anglican Church, Spring Road. I'm new to your community, but I have to say I love what I see here, so thank you for being here. I have one question, and I don't expect you to answer it. I simply want to know, how does it feel to know that your political career is over?

Arlene Darlington, Huntsville Road.

You guys are nuts.

It is an honest question. My property is on a well, and what mitigation plan is in place such that when my well is impacted negatively by the building of this surveillance center, what can I count on the board to fix on my farm?

Well, if we get to the presentation, we'll discuss the well mitigation issues with wells.

But so, okay. All right. So there is a plan, and there will be somebody I can contact, and it will be in writing because I'm anticipating this happening. Yes. Thank you.

Okay, I think it's time to get to the presentation from the developer. I would like you to go over all the agenda items. They don't have to be in the sequence that they're listed, but we can go over all those and then have your presentation, and then we'll be able to ask questions from the board of supervisors.

Okay. I'm Andrew Giorgione. I'm with Pennsylvania Data Center Partners. So we're gonna begin with going over the sewage planning module. We're then gonna do the preliminary land development plan for phase three and the waivers. At just a level set, that plan was originally submitted December first, twenty twenty-five, and it's been under review by the township for over eight months. We're then gonna cover the final land development plan for phase One-B and the waivers. That plan was originally filed November of twenty twenty-five, and that was preliminarily approved by this board on May sixth, twenty twenty-six. And then, during that presentation, we're going to do an architectural design review and a viewshed review.

And when we're done with that, then we're gonna go over the agreements. So there's a master development agreement that's required, that applies to the entire property. Then there's the first amendment, which is relating to campus One-B. There's also a side letter agreement. And then finally, there's the community benefits agreement. So with that, we're gonna start with the sewage planning module.

Good evening. My name is Justin Ross. The first item on the-

agenda is the sewage planning module. Essentially that is an amendment to an existing-

I can't help you fight them if I can't hear them. Can you stand up so we can see you?

It's an amendment to an existing sewage planning permit approval for the property. The amendment includes the additional water required for cooling. It's the two hundred and seventy-three thousand gallons per day. That module has been approved by Middlesex Township Municipal Authority, and it's been approved by Carlisle Regional Borough, and it's on the agenda tonight for the township's review. At that point, it will go to DEP, and then DEP would review as well.

The second item on the agenda tonight is related to preliminary land development for campus three or phase three. Before we get into that... I guess for a little background, we've attended thirty meetings to date on this project, thirty public meetings. So much of the information has been presented. Through that, we have put that information on this website, for any interest in those topics.

Yeah, this information- Thank you.

It also includes construction-related updates, which are ongoing. I will note that the Construction tab that you see here has been recently added and updated, so there is additional new information for the public. Just again, construction-wise, we do try to provide this update for the local direct residents who come to these meetings. There has been some questions about lighting recently. And in talking with the contractor, all lights on site are solar powered, temporary construction lighting versus generator powered. Again, doing so is part to be, you know, steward to the community here.

Additionally, there's been seventy-eight percent of the workforce to date has been from within fifty miles. So there are approximately three hundred trade workers that have been on site to date. As we continue, again, the plan before us tonight is preliminary land development for phase three. This is a cover sheet. Many of you have seen this slide before, just orienting the different phases of the project site. Again, phase three is in pink in the southwestern quadrant of the property. This is a landscape and site plan for that layout. It is materially almost identical to the preliminary plan that was submitted and approved as part of the project to date.

One item to note, we have received some feedback throughout this process regarding some additional berming, screening along the southern property line. That is being taken into account. There is a PPL right of way there. The western half of that, where the right of way is, does not exist; we certainly will include the berm where the landscape is located. The front or eastern half, we will look at additional plantings in there as part of a final plan. So we are researching that, and we'll include that as well. This has been presented many times, but I do wanna go through it.

This particular campus is a five-building campus. A frontage building that's rotated ninety degrees to Country Club Road to visually screen and also buffer any visuals. The interior, or the generator yard or equipment yard, is interior facing, again, to ensure that it's not visible, any sound is attenuated, and those aspects. There is an entrance off of Country Club Road. The dark green you see on the right side of the image is Country Club Road. That dark green again is a landscape berm with tree plantings. Mr. Byerly, or Mr. Beam spoke about the berming, and I can address that as we move on in some of the viewsheds.

So again, the view from Country Club is regulated or restricted because of that berm which we have done along the frontage elsewhere. The bottom circles in white are the pooling water, so the on-site storage. That is again to reduce the need of water from the municipality, to limit how much water is actually being pulled from either of the townships. The blue again is stormwater, for those that haven't seen this before.

Not that these basins will be full of water or look like ponds. They're representative on the plan, so you can see that. However, they will de-water within the seventy-two-hour requirement of DEP, and the vast majority of the year there will not be water. The individual cells that you see is a new method. Really one of the first of a kind used on this project, directed by DEP and Villanova University. That was a change that was made almost a year ago now to ensure that water quality and other benefits are of top standard for this site.

Next, we have a rendering, again a visual three-dimensional rendering for this campus. And as I spoke, you can see some of the landscaping, but we'll be improving that, and you can start to see where the cells and the stormwater and other features are.

How far are those buildings? Can you just help us with that? Is that EV solar panels?

Yeah. We will touch on that for sure.

Okay. Yeah. Thank you so much.

So as we go through these plans, inherently in any form of development, the ordinance is written... Well, it is a one-size-kind-of-fits-all for all development. However, there are items, whether they are requested modifications, requested waivers, items that we work with the review engineering team to determine how they apply, if they apply, why they may be beneficial not to apply. So this section, we can go through each waiver if you'd prefer, or we can defer that to the end.

You sure?

All right. Justin, these are the waivers that were also presented to the planning commission?

Justin Ross: Yes. They have not changed.

They're also the same waivers as the preliminary approval as well. However, some of the preliminary waivers we have addressed since, so those have been removed.

Could you just go through those please?

Sure. So preliminary phase three:

1. Section 501.A.2, plan, size, and scale. Again, this is to provide a slightly different scale for visibility and transparency for the plan itself.

2. Section 501.A.6, location map scale requirements. Same thing. The location map on the cover sheet has been provided, but just at a different scale.

3. Sections 501.C.19, 303.J.12, and 303.K.12, a deferral of metes and bounds to the final plan. On the preliminary plan, until we get final easements and those things, we'll button that up for the final plan approval.

4. Section 703.A.10, curb and sidewalk. This is a deferral of sidewalk along PA Data Drive within the property. There's actually a note on the plan so that if the township decides that we are required to install that sidewalk at a later date, the applicant developer would be responsible for that. That's why that's a deferral.

5. Section 703.I.4, depressed driveway curb. The entrance into the facility is a driveway. This provision is really meant for residential driveways to have a curb across. And speaking with the engineering team, there was agreement that the need to install that curb could be waived.

6. Section 707.A.1, also a sidewalk deferral. Within the interior of each campus, sidewalks are technically required. We're asking for that deferral, again, just-

Justin Ross: Yeah, that's correct. A waiver for the sidewalks within the campus. These are secure facilities, and the need for pedestrians within each campus is not there.

7. Sections 718.D.3.a, 718.D.4.a, D.4.b, D.4.c, and D.4.d. Again, this is a plan scale requirement for several exhibits.

8. Section 718.D.3.b is a plan and elevation deferral. This is related to final building height, size type, which will be part of the final plan.

9. Section 303.B.2, infiltration of stormwater. This is a modification for the infiltration to be the primary source of the stormwater management. Again, as I mentioned, this special type of MRC cells and stormwater management facility, directed to by DEP, is what has been used instead.

10. Sections 303.H.17 and 303.H.18 reference the dewatering time. This is a modification to permit the seventy-two hours that I previously spoke about.

11. Section 303.J.3, detention basin side slopes, again is a modification to allow the three-to-one slopes instead of the four-to-one ordinance requirement.

Those are the twelve waivers as part of preliminary land development phase three.

So as we continue, we will move into final land development for phase one B.

If I could ask you a question. Looks like there's seven... If you can go back a few slides. Looks like there's seven storage water tanks, and there's three for industrial waste. And I don't have the plan in front of me, but what's the size of each of those storage tanks for water? And I know it had been higher, and I think it was reduced in the last plan.

Correct. So there are six water storage tanks. Those are two point one million gallons, fifty-five foot in height, eighty-four foot in diameter. There are two industrial wastewater tanks. And then there are two fire suppression, which are smaller. The fire suppression, the smaller tanks, are forty-seven foot height, twenty-six foot in diameter, a hundred and fifty thousand gallons. Does the board have any other questions before moving on?

You just listed the waivers for preliminary phase three?

Justin Ross: Yes.

Gerald "Bud" Grove: And now you're going to the final of one B?

That's correct.

What about action on the preliminary for phase three?

Justin Ross: All at once.

You don't make that decision. You only sign because you don't-

All right. So this is now final phase one B. One B is again campus one, or the first data center campus. It's the green area here. It's to the north of the site. Shown here again is a three-dimensional model. This plan again remains the same as what was presented and approved in the preliminary plan. There's a slight tweak on a couple roadways, and the material change was the tank layout shifted around slightly. Again, this layout shows stormwater on the three sides or three corners. Access on PA Data Drive, which is the internal loop road, to the south of the screen there.

You'll note the transmission corridor for PPL is there to the right, and then the creek borders with the forested wetlands and buffer. So those areas will continue to be enhanced through new plantings. They're fenced through construction to ensure no impacts along there. The screening, again, there's screening within each campus, and there's screening throughout the site. I'll also add, we talked about lighting, dark sky compliant lighting. The county requested or wanted to ensure that we could get to a twenty-five percent or a lower light level after hours.

We can comply with that through dimming, through lights being off. So there is a security need twenty-four/seven, because the facility is operated. But the majority of the evening, those lights will be on a motion sensor, so they'll be off, tripped on, or they'll be dimmed to that lower standard. Dark sky compliance with the color of the lighting, again, the intensity of the lighting, shielding and the other measures.

So again, I don't know that this was presented prior. Maybe the planning commission might have had a chance to look at this. This is a full rendering of the entire campus. Country Club Road is on the south. The PPL substation, the switch yard, there on the right, surrounded by PA Data Drive, and then the three campuses, one, two, and three, from north to the south.

Thank you. Lovely. Oh, okay.

What was requested really following preliminary approval were viewsheds and renderings. We have worked on those as just presented, as well as other visuals for the board and planning commission to see. We started off with a couple. There were some requests throughout that process for additional, and there's even one new rendering this evening. So the first three we presented were the black arrows. So again, Country Club Road kind of looking north. One view when you crest the hill from Cumberland Preserve and look towards the site, to the north.

One view from the proposed driveway entrance, which is currently the construction entrance. And then a third view, which is further up Country Club, looking at the second driveway entrance on the PA Data Drive. So those are the three black. The three red then were the second iteration. Those were viewsheds from the driveway entrance looking west towards campus three. The second driveway entrance also looking west towards campus three, and then one at the intersection of Bernheisel Bridge and Country Club Road, which is also where the AT crosses that intersection. The third then is the yellow arrow.

That was a request to the planning commission to take a rendering from the highest point on Country Club Road when you're traveling east to west, to ensure that, you know, really what that looks like from a high point there, and number the residences.

They're like hills and mountains.

So this view is looking from cresting the hill headed north to the project site. On the right would be one C, which is the preliminary plan that's been approved for the construction laydown. There's a berm on that side with landscaping. On the left here would be campus three. So again, the berm and the landscaping that is proposed to shield that side of the campus. Out in front of us in the foreground, again, is really looking out over the PPL substation switch yard that sits back in the center of the site.

This image is from the campus entrance, so currently the construction entrance, at completion of the project. The street trees and street lighting as we enter the campus, and then the screening that will shield campus two. Again, this is internal. The landscape berm would be kind of right and left here, which we'll see next. This image is entrance two further up Country Club. So again, you can see the current status of the property at this entrance, and then below as the substation transmission lines are built out, as well as the buildings, with landscaping in the background.

Another image of internal to the campus, within PA Data Drive. Again, this is a secure facility, so each campus will have security and access. However, this roadway is public. It's a private road to be open to the public for access for PPL, the municipality, EMS, and maintenance. Again, the first image on Country Club Road looking west is traveling from Bernheisel Bridge, east to west. This is at the northern entrance. I'm sorry. This is actually the newest exhibit that the planning commission recommended or requested.

This is from the top of the hill, at the highest point. A little bit further to the east, it is slightly higher, but this is probably the most revealing image, just because if you're further towards Bernheisel Bridge, the berm really blocks more of the view. So from an impact perspective, we wanted to show this because this is probably the worst view that you would have on that roadway. So as we move on, this is the second entrance, with the current berm that has been graded and in place. And then the image on the right is the proposed view.

To Mr. Beam's comment regarding the berm height, we have reviewed that with the construction team, with the municipality. We believe there are some other neighbors that appreciate the berm being at that height. So we do intend to correct that as part of the project.

When?

It's just at the current time, it made the most sense to leave it. So it'll be as built, and it'll be corrected prior to completion of the project, likely well before.

Five years.

Five years? This is the final image, again, at the current or just beyond the current construction entrance. In the first image you see on the right, looking towards Campus Three. Under the trees here is the current stone house that exists on the turn. There are no plans to remove or change the location of the stone house. That will remain. The trees that will remain will remain, to continue to block that campus.

Who's gonna maintain the house? Hello? Who's gonna maintain the house?

So the next image here is Bernheisel Bridge, actually on the AT. So in the foreground is the trail itself. The AT at this location is nearly three-quarters of a mile away from the ridge area to the campus. The images here, again, we'll talk about this when we get into buildings. You know, we have talked extensively about color palette, visual impacts and other screening-

And other screening along the eastern side. So the eastern side of preliminary, sorry, Final one A included several additional rows of screening trees, riparian buffer enhancements to block that. Again, Campus One B, which we're speaking of tonight, is the farthest right part of that image. Campus Two is straight away in the center, which is obscured by most of the plantings. And Campus Three actually doesn't even show up from the vantage point here.

The saplings are future trees.

So at this point, I'm gonna hand this over to Peter Graff, who is going to talk about some of the questions related to building heights, screening heights, many of the things we've done from an acoustical and sound perspective, to ensure that those systems are in compliance with the municipal requirements.

Good evening. I'm... from the PowerHouse Data Centers team with... I'm gonna walk through a little bit of facts and figures about the individual buildings on the campus and then walk through some of the architectural features and details.

The first two buildings, to answer the question from Ms. Byerly's question about the roof height. First two buildings, the roof height is sixty-two feet, seven inches. There is a parapet wall around the roof that has a height of seventy-two feet. There are two walls, screening walls, around the generator yard. The high screen wall is sixty-nine feet high, and the lower screen wall, shown in the rendering kind of having a stone facade, is twenty-seven feet tall. The building is two stories, and the approximate footprint of the building is a hundred and twenty-three thousand square feet.

The remaining buildings on campus are slightly different. Roof heights for those buildings is sixty-four feet, ten inches. There is also a parapet wall around the roof, seventy feet, ten inches tall. The high screen wall around the generator yard is seventy feet, ten inches, and the lower screen wall around the generators themselves is twenty-seven feet, ten inches. Also a two-story building, and approximate footprint of a hundred and ninety-four thousand square feet. I'm gonna walk through some of the architectural features of the building and go into a little bit of detail to explain the overall design.

The proposed buildings' design is generally comprised of architectural precast concrete wall panels, curtain wall glazing, metal panel accents, and stone veneer water table. The building exteriors are designed to meet the data center overlay zoning requirements, which include overall mass and breakup, accent materials usage, and glazing. As noted, there are two different building types on the campus. The buildings have been designed as companions to each other to ensure the overall campus has a similar feel. The main precast wall panel colors are tan, with light gray being utilized as an accent in response to the request to utilize earth tones in the design. Where precast bump-outs from the main building façade will receive a textured or corrugated profile to provide visual interest and contribute to overall façade massing breakup.

Accent materials such as architectural metal panels are used to provide framing eyebrows and belt lines on the building façades. The metal panels help define the massing and frame the expanse of the glazing in the windows. The glazing meets the minimum total area requirements per façade of thirty percent, as well as the maximum single placement area threshold of seven and a half percent. Glazing is generally black spandrel glass, which means it cannot be seen through, where the vast majority of the windows on the exterior do not have a wall opening behind. They are an architectural feature. Stone veneer. The stone veneer is utilized in many locations to provide a more rustic character to the buildings.

The stone veneer water table has been incorporated on the end of the building and massing bump-outs along the long main façade. Lower screen walls near and around the mechanical yard also have a stone veneer. The taller screen walls around the mechanical generator yard are a pre-finished metal panel louver system, which allows for air movement while visually obscuring the system components within the yard. The louver vanes are directed upwards to the sky, in order to accomplish a visual screening from the ground. The loading docks for each building will also be screened from the street by wall panels that are similar to the proposed building.

The buildings also have dumpster enclosures that will also be screened on three sides with wall panels similar to the proposed building, and will have gates that are opaque to fully screen the dumpster containers themselves from view. The roofing color is a light tan, which has a high albedo number. Albedo is a measurement of solar reflectance, or how much sunlight the surface reflects. This reduces the heat island effect by reducing the roof temperatures.

So as we continue to the next item, I'll go through the waivers for final one-B. Again, very similar to the waivers we just spoke of.

1. Section 501.A.2, plan scale. Again, presented a plan scale slightly different than the ordinance for clarity.

2. Section 501.A.6, map scale, slightly different than the ordinance for clarity.

3. Section 703.A.10, curb and sidewalk along PA Data Drive. That's a deferral for a future requirement to install curb and sidewalk along the internal street, if required by the township.

4. Section 703.I.4, depressed driveway curbs. Again, depressed curb, removing the need for a depressed curb at the driveway entrance.

5. Section 707.A.1 is a sidewalk deferral. A waiver and deferral of requirements for installation of sidewalks and pedestrian paths along both sides of the new interior street within the campus.

Dr. Phil Neiderer: Hold up a moment. If you go back to Section 707.A.1, it says, "Waiver and deferral of requirements for installation of sidewalks and pedestrian paths along both sides of new interior streets with required note on plan." What does that mean?

Dr. Phil Neiderer: That should actually be a waiver request.

Justin Ross: It's not a deferral. Correct. Thank you.

6. Sections 718.D.3 and D.4.a through D.4.d. That is a plan scale as part of the EIA.

7. Section 303.J.3, detention basin side slopes. That's a modification request from the four-to-one requirement to a three-to-one side slopes.

8. Sections 303.H.17 and 303.H.18, a dewatering requirement. That is to permit seventy-two hours dewatering time. It's a modification request.

9. Section 303.B.2, infiltration of stormwater, is a modification again to permit the MRC system where necessary, in lieu of infiltration.

Those are the waiver requests. Those are set forth additionally in the review letters provided by your township engineer. And I'm gonna hand this over to Andy to talk about the next item.

Dr. Neiderer, if I can ask a brief-

Stormwater management for section- Excuse me, Dr. Neiderer.

Are we following the order of the agenda? I think the public is really having a difficult time understanding where we are. It appears that we're on the second to last item.

I think we all have to follow the order in which they were- I'm simply asking so that folks can follow along. People are trying to follow along.

Come up, please.

The speed with which things are being reviewed, and the order in which they're going, are making it difficult to follow. If we can please just have a clear statement of where we are on the agenda, because folks are having a difficult time following along, please.

It seems fairly clear that we're talking about the final land development plan for PAX-1, phase one B. We have talked about the preliminary land development plan for phase three, and we talked about the sewage module to start. So if you would continue the presentation, please.

Do supervisors have questions on one B?

Yeah. I just wanna pass the mic over to our engineers who've obviously spent a lot of time on this, to see if you have specific questions in regards to phase three preliminary or one B final.

Mike has a comment about the noise, and it applies to both phase three and one B. Mike, do you wanna go into that?

So as we've discussed at prior Planning Commission meetings and Board of Supervisors meetings, there are noise standards in the township zoning ordinance. We've reviewed them. We worked with a specialty sound consultant to review them. The applicant team has made revisions as a result of those comments, did address a number of them. We have a few outstanding, of which one is, I would say, significant. In the noise study, the equipment model, the equipment that makes noise, generators, air handlers, all of these types of things, we wanted to see the manufacturer's specifications for those exact make and model of equipment, so that we could verify that it was modeled correctly.

The development team indicated that that was specific to the end user, and that they couldn't disclose that information without disclosing the end user. Let me finish. No. Let me finish please.

Yeah, let him finish.

So there are two different things that can happen. One is that they can disclose the end user, disclose the equipment, we can check the equipment, make sure that it's modeled correctly. That's one option.

Another option, and I think this is the one that the developer's team preferred, was to have a post-construction sound monitoring program.

Let me finish please. I don't think that it's funny. I'm just asking you please let me finish, because I think when I'm done, you're gonna be happy to hear what we have to say.

Let's hear. Let's hear.

Listen to him so you know what the decisions are based on.

If we do the post-construction sound monitoring option, real measured data will always be better than modeled hypothetical data. So it is a better basis to analyze the noise. But as it stands today, that agreement is not executed. So neither of those two options are complete as of August the nineteenth. And so that noise-related comment remains unresolved. And I'm sorry, that applies to both phases. That applies to both phase one B and phase three.

Phil, Chairman, I have a comment about phase one B.

A promise.

You have a letter in your packet from HRG dated August fourteenth, twenty twenty-six, listing all of the remaining items that need to be addressed in phase one B.

The majority of them, if not all but one, are housecleaning cleanup items similar to those that we have conditionally approved in the past. Labeling, mislabeling, cleanup, identification of storm sewers. But nothing of real design consequence. However, under zoning in their letter, and I'm gonna read their first comment, this pertains to something that was agreed to at meetings by the developer and the township, they've agreed to this particular item. This deals with the zoning pertaining to minimum lot width. The comment is

"Minimum lot width of two hundred feet is required per Section 2403. Because it does not have roadway frontage, lot one B does not meet this requirement.

As discussed, an alternative arrangement is to establish financial security for the construction of PA Data Drive before any approvals of phase one B land development plan are requested. This comment will be removed when the financial security for PA Data Drive is in place."

So my concern or my question is, we do not have security in place for PA Data Drive as of yet. We do not have an executed master developer or developer's agreement in place yet, which contains, excuse me, which contains the estimate for PA Data Drive. So my question to the board is, is this an item that you want to consider tonight as incomplete? I certainly believe it is incomplete the way I read it. That's all I have.

Well, if we could have your response to those questions and concerns, please.

Well, I think the agreements and the items that they reference are gonna be addressed in the developer's agreement, in the side letter agreement, and we have those on the agenda this evening. So what we could do is we can present those, you can vote to accept those, and then they'll be in place as you accept them.

So related to Bud's comment, so we understand that we are requesting a conditional final approval. The plans are being signed and not being released. And there are conditions, just like any approval, that are required to be met before the plans can be signed and released and recorded. So certainly those items, and we've spoken about the subdivision being recorded first, posting the security. Then at some point, the township would be able to release the final one B once those conditions are satisfied. So that is our understanding of the procedure. To Mike's question-

I believe the agreement was, and it says right here, before any approval. This is what it says. That's the way I read it. This comment has been carried on through quite a few comments over the past couple of months.

Thank you.

We have worked with trying to get the MDA in place, and that's taken a significant amount of time.

Yes.

And your project really depends on the MDA and placing security with the township.

Absolutely.

So it's up to the board, but as I said before, I don't believe that you've complied with this comment of HRG.

So I think at this point, I would like you to finish with your presentation of the other items on the agenda, and just give a high-level overview of the community benefits agreement, and then to talk about the developer's agreement, the side letter, the addendum, which do address some of these issues.

Well, we have time to ask questions at the end. Yes? No?

I'll start with the community benefits agreement then. So the community benefits agreement involves a payment from the developers to the township of fourteen million dollars. That money will be targeted towards land preservation, public safety, which will include police, fire, emergency services and traffic, parks and recreation, and taxpayer relief. The payments will be made in six increments of two million three hundred and thirty-three thousand three hundred and thirty-four dollars, and those six increments will occur as follows.

Commencement of construction on campus one, commencement of construction on campus two, commencement of construction on campus three, occupancy of building one on campus one, occupancy of building one on campus two, and occupancy of building one on campus three. So when I say campus one, two, and three, I'm referring to one B, two, and three.

Where's the slide?

Those funds will be completely controlled by the township when paid, and allocated and appropriated by the township in its sole discretion, and that'll not be under any control of the developers. If the township elects to reduce the township millage rates in order to provide taxpayer relief, we have agreed in this agreement that we would not benefit from that, and therefore, if there were a reduction in the millage rate, we would continue to pay at the current assessed value prior to the reduction of the millage rate and make a pilot payment to the township. So that would be a payment in lieu of taxes.

In essence, what we're saying here is that we wouldn't benefit from the fact that we're providing revenue. We wouldn't take that tax benefit. And all of that, the pilot payments and the incremental payments will be for a total of fourteen billion.

This benefit is for the county, not for the residents. We're the ones that are paying for it.

The next provision covers the legal challenges that currently exist. There are several challenges that have been brought and appeals. And so while those appeals and challenges are outstanding, the payments that will be made under the community benefit agreement are gonna be paid into an escrow fund. And once those legal proceedings are resolved, then they'll be released to the township. And then there's a default provision. Basically, if we're in default, you have a right obviously to sue us, and we would have to pay any attorney fees for that. This is a binding agreement, and then it's also a document that is binding on our successors and assigns.

So for whatever reason, if we no longer are in control of this property, this would still be a binding agreement over the next five years. So that's the community benefits agreement. Any questions?

What's the benefits? No. No. No.

Okay. Let's go to the master developers agreement. And it has taken a little bit to get here. Keith, I noted two typos in the document I need to clean up and get over tomorrow. There's a date on page two that had March fourth. It should be January fifth. Page eight, Bernheisel Bridge, I forgot the N in Bernheisel Bridge, so we'll get that cleaned up. But let me go through and summarize the agreement. So as part of the overall development, there are what's defined in the document as required improvements that must be done on the property, and they must be done in the next four years.

And those improvements include a right-turn lane off of Country Club Road onto eleven and fifteen, repair and maintenance of Country Club Road during construction, and then a complete and full rebuild of Country Club Road when construction is complete. So let me talk about the right-turn lane. Within ninety days of execution of this agreement, we have to submit a request for a highway occupancy permit with PennDOT for that improvement. And then once that permit is issued, we have sixty days to start construction of that new right-turn lane. That, of course, will happen now. During construction, repair and maintenance, there is going to be a road inspector who is going to inspect the road on a monthly basis and provide what's called pavement condition index reports to the township on the thirtieth of each month.

If those reports fall below a score of fifty, then the road has to be repaired, and we're required to do that once approved by the township within twenty-one days. And we're responsible for all of those repair costs. And if we fail to do it and the township does it, then we have to reimburse them for that expense. And then finally, upon completion of the construction, Country Club Road will be rebuilt in its entirety. It will be done by prevailing wage and subject to inspection and approval by the township.

There's insurance indemnification provisions. We have to carry insurance during this entire time up to three billion dollars. More importantly, there is a security required. This security was set by the township engineer. We're required to post security of fourteen million one hundred and fifty-three thousand six hundred and eight dollars and fifty cents, and that will cover all the required improvements that we discussed. If for whatever reason we do not perform any of the required improvements, the township has a right to take that security and do the work themselves. Upon completion of the required improvements, again, the right-turn lane and the full build-out of Country Club Road, we then have to post maintenance security, and that's fifteen percent of the bond that was posted during construction.

Oh, yep, I skipped over something. So that bond amount has to be posted prior to recordation of the subdivision plan. I forgot to mention that. I apologize. And the maintenance security when posted will have to stay in place for eighteen months after construction. A couple of final provisions. The developer shall cause its contractor to provide blasting reports to the township on a weekly basis throughout the duration of any blasting operations on any portions of the property. There is also a landscaping maintenance security. So prior to any certificate of occupancy for the first building on each phase of the property, maintenance security is being posted for five years in an amount of fifteen percent of the cost of the landscaping for that phase.

There's a provision that we cannot sign this agreement without approval of the township, and any purchaser or transferee has to enter into the same agreement on the same terms as this agreement. This document's gonna be recorded with the Recorder of Deeds, as with any future amendments, and if there's any breach, again, we have to reimburse the township for going after us with paying reasonable attorney fees. So that's a high-level summary of the developer's agreement. Do you have any questions regarding that document?

Ten minutes, and you're supposed to know what you're doing.

Why is it-

Take a picture of all these.

On page three, there's a date there that needs to be agreed upon. It's the "whereas" clause that talks about

"Whereas regardless of the timing for recordation of any approved future development plan, financial security for the estimated rebuilding of the entire Country Club Road upon completion of construction shall be provided by the developer on or before-"

in this document, the last document that was given us, it says July fifteenth, twenty twenty-six. So that has to be changed.

Changed.

Why isn't this being projected? Why can't we see this? Why can't we see these notes and numbers?

Why don't we have pages?

This is currently a draft document. It's not in its final form yet. That's what we're discussing tonight.

You don't follow your paper.

Excuse me, Dr. Neiderer. Would there be any opportunity for public review of any draft prior to a final vote on that agreement? Or would this be the only opportunity to comment on an agreement we have not seen?

We're discussing this in a public forum. This would be the only opportunity.

So we can't... Is there any copy of that agreement with its contents that the public can review to provide meaningful public comment?

So, Keith, maybe we'll put a provision that says that we'll post that prior to the recordation of the subdivision plan. Because we can't record the subdivision plan until we post the security. So we'll use that as the date instead of the July fifteenth. Okay. I'll make that change as well too.

People asking questions. Let's vote. This is the disrespect that these people have been upset about this entire time.

You always do whatever you want.

Do you have any other questions on the Master Development Agreement?

The Americans with Disabilities Act requires that you can visibly hear something in case somebody is deaf. Do you have any visible thing that people can see?

Can't see this. He's been reading. Everybody expected to read that?

They all gambled.

It's a draft agreement, and when it's approved, it will be available.

Violation.

So if we could go to the first amendment of developer's agreement and review that, please.

The first amendment to the developer's agreement applies to phase one B and the required improvements for phase one B. Again, that has to be completed within four years. Those improvements require a bond as well too. That bond amount is twenty-one million seven hundred and fifty-one thousand seven hundred and ninety dollars. Again, the default: if we're in default, the township can do those required improvements and take that security. There's also a few other provisions that apply to this campus one B and will apply to the other campuses of the data center. There's a water capacity limitation. The developer agrees that it or its successors will not request more than four hundred thousand gallons per day of water from the Middlesex Township Municipal Authority based on the Middlesex Township Municipal Authority's current capacity.

There's also a dark sky compliance provision. All outdoor illumination installed and maintained by the developer on the property shall be dark sky compliant. This requirement does not apply to the utility easement areas because they're controlled by PPL. Again, we cannot sign, transfer or delegate this without approval of the township, and any transferee would have to accept these provisions as well too.

We want to see those easement agreements. Other easement agreement.

And of course, if we're in default, you can seek reasonable attorney's fees for us if you have to enforce this agreement. So this kind of tracks with the Master Development Agreement, but just applies and essentially sets forth the security for phase one B.

We want to see the sewer and water location agreement. The MTMA have that agreement in secret.

Do you have any questions regarding the first amendment?

Everybody know what is that agreement? Water and sewer location agreement. Where is that agreement? Don't look at me like that. Because you denied in the right to know, and you said the road is on 100% for signing that agreement. What about that? Mr. Lusardi, he have authority for sign that, and you say in the right to know that you know that the MTMA don't have that agreement. If that agreement doesn't exist, PAX-1 can do anything. Where's this agreement?

We need to see this agreement.

Can we go to the side letter agreement and review that, please?

So lastly is the side letter agreement. This involves terms that have been requested and negotiated with the planning commission and the township that are not required by statute, and so have been put in this side letter agreement. So there are several provisions here. I'm gonna try to read them in detail. First involves well testing and monitoring-

And if I could just interrupt for a moment. I know these are things that we have provided to you within the last two weeks, based on concerns that we have appropriate monitoring moving forward, and I think that's a lot of the reason why the master development agreement was delayed. I think the initial portion of it with stormwater management, O&M, as well as the Country Club Road maintenance, that's been pretty well fleshed out by the attorneys for some time. Again, these are things that we have asked really kind of at the eleventh hour, and again, it's still a draft document. And that's why, I know Bud said it's taking a long time, but I think a lot of these things are items that we've brought on at the eleventh hour.

So I appreciate you going through these. I think these are very important for the community to hear.

I'll take my time.

So first is well testing, monitoring, and remediation.

The developer shall enter into separate agreements with each willing property owner having water supply wells located within one thousand five hundred feet of all the developer's blasting activities. The agreement shall provide for the contractor to complete a survey of the water supply well and provide at least three rounds of testing of the water supply before further blasting and after completion of blasting activities at the property, in order to address well yield and sampling of well water by a laboratory accredited by the DEP. The water sampling will be for the following parameters: lead, nitrate, nitrite

total coliform, E. coli, and pH. The results of each survey shall be provided to the township and property owner within fifteen days of receipt by the developer. The agreement shall provide for Carlisle to remediate or replace any well where testing reveals that blasting diminished the water quality or quantity of the well based on drinking water standards for each of the six parameters. All testing, monitoring, and remediation shall be at the cost of the developer.

Second, noise monitoring.

For the period of twenty-four months following completion of construction, developer agrees to monitor noise levels along the property line at locations approved by the township engineer or the township's consultant to confirm that the noise generated by the development is no greater than seventy dBA on average, measured over a fifteen-minute interval.

The testing shall be conducted by an independent consultant specializing in noise monitoring at the developer's expense. The results of monitoring shall be provided to the township no less than on a monthly basis, and the results shall be posted by the developer no less than monthly on a publicly available website. In the event the testing reveals that noise from the development exceeds that threshold, the developer shall notify the township of the same and shall promptly remedy the deficiency through additional sound attenuation until compliance is achieved.

Next provision, ambient-

I have a question on the water testing.

On water testing, we would like to add suspended solids or turbidity. That'll be the first thing that'll be noticed when we take a sample, is that condition.

Hold it a minute. I have here a study that was done by..., and it says, "PAX-1 noise study, April thirteenth, twenty twenty-six, page eight." And it lists all the equipment on that site. It also lists the location where that equipment is. It also lists the total quantity, numbers of those pieces of equipment, and the decibel readings. There's one here, whatever the rooftop unit, RTU-one, is. I have no idea. But it's putting out a hundred decibels.

Unacceptable.

... The decibel reading on that is seventy-three decibels. And I could go on down through this list. The generator yard, and there's five hundred and sixty-six units there. The decibel reading was sixty-five decibels, but we're looking at five hundred and sixty-six units. So there's one other one here that really blows my mind. The outside air inlet louvers for direct air handling units. Now, it says each building, for each side, has fourteen of those. There's a total of one thousand ninety-six of those units on this.

The decibel readings are seventy-seven decibels. That sounds to me like an awful lot of noise coming from this stuff.

Let me address two points on the noise, one related to the developer's agreement, and then if I could, address some of the gentleman's comments. Related to the developer's agreement, the sound section, there's language about monitoring around the perimeter for sound, and ensuring it's below seventy decibels on average. I think we should introduce a time component to the on average. It should be either one minute or five minutes, so that it's not a sixty-minute or something longer than that, to make sure that we really capture the peaks and valleys of the noise.

Mike, it does say measure over a fifteen-minute interval.

Yeah. I think I would prefer a one or a five.

A one or a five?

Yeah.

Okay.

And the other one is related to the locations of sound monitoring as directed by the township engineer, I believe is the language. I think that we should be more specific about that now, so that it's not a fight later, and I would recommend the same interval that's used in the model, which is a two hundred and fifty foot interval.

Thank you. To the comments about the noise in the study. The noise I think that you're referencing is at the point of generation, so at the equipment. The township ordinance regulates sound at the property boundary. So any distance between the equipment and the property boundary, the sound will dissipate. That is one factor.

I'll go along with that except for one thing. What if a lot of this equipment is running at one time?

Understood.

I total all the decibel readings. It's on this sheet. The total comes out to nine hundred and sixty-six decibels.

The decibel is a logarithmic scale. So when we go up, if you go from, say, forty decibels to fifty decibels, that's not a twenty-five percent increase. That's a tenfold increase. So it's not a matter of simply adding together how much each of them generate. It's a power of ten. It's an exponential scale, decibels. We did insist in the-- I'm sorry, the developer's consultant did model a condition in which the power is out and all generators are running, in order to generate their sound numbers in the model. So I think that that logarithmic scale is very counterintuitive, but that's the reason why the numbers, when you just add them, you know, straight arithmetic, don't match what the model predicts.

So you're saying we can't add all the decibel readings together?

Correct.

Well, wait a minute. That confuses me. It's confusing. Decibels and the logarithmic scale is confusing. If you go to a racetrack and one car is sitting in the pit with the engine running, okay, that's okay. But when they get thirty cars out there on the track going around, it makes a lot more noise.

We're gonna take a ten-minute recess. I need to attend to the solicitor who's not feeling well. Ten-minute recess, please.

Gosh, show him a little grace.

You can pull the curtain so everybody can't see him. Mark, pull the curtain so everybody can't see.

Folks, please bear with us. We'll let you know what's going on.

This is a very serious situation.

I understand that. Please just bear with us.

Recess.

The recess called at 02:30:42 lasted about twenty-eight minutes. The recording continued to run while the room waited for emergency responders to reach and remove the township solicitor. What is materially public is above and below this note: the chair's announcement of a ten-minute recess and the reason for it, the township engineer's statement that the situation was serious, the request that the audience bear with the board, a resident at 02:53:48 urging people to stay so that there could be a vote, and the chair's statement at 02:58:59 that the solicitor was stable and on his way to receive additional medical care. Everything else the microphones caught in that stretch is private conversation among people in the room, including discussion of the solicitor's condition, of their own doctors and health care, of household and family matters, and of unrelated subjects. It is not public testimony and has not been transcribed. A trumpet is audible at 02:59:10, and applause follows at 02:59:27.

We need to make sure there's a vote tonight. So if you're able to stick around, please stick around.

If I can have everybody's attention, please. I'm certainly sorry for what happened here. Our solicitor is very stable and on his way to receive additional medical care.

Amen. Praise the Lord.

I certainly appreciate everybody saying some prayers for him at home tonight. That would be appreciated. We can't really have a meeting without the solicitor. So the developer has agreed to an extension to September second, twenty twenty-six at six PM. We'll have to see if we can get this space or not. School will be starting around that time, so if it's not here, it may have to be somewhere else. But again, appreciate everyone's patience with our unfortunate pause. And there'll be something on the township website as soon as we can finalize a location.

But we're not taking any action tonight. Appreciate everyone's involvement in showing up, and we're not gonna take any questions. Do I have a motion to adjourn the meeting?

Can we do a motion?

I'll second. All those in favor? Aye. Meeting adjourned. Okay.