Legal Update

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

All meetings

Board of Supervisors · Meeting

Wednesday, September 2, 2026

3 h 58 min

The board approved every PAX-1 item before it by voice vote. Dr. Phil Neiderer moved each: the community benefits agreement, the master development agreement, the Phase 1B first amendment, the side letter, the sewage planning module, ordinance relief for Phases 1B and 3, the Phase 1B final plan with nine conditions, and the Phase 3 preliminary plan with four. About 48 people spoke. Speakers repeatedly asked the board to vote no or wait until after the September 18 court hearing. The board also extended two other review deadlines and approved minutes and bills.

DocumentsTownship agendaOfficial minutes pendingWatch on YouTube
All meetingsBoard of Supervisors meeting · Wednesday, September 2, 2026
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This transcript was generated automatically and may contain errors. Check the video before quoting anyone.

Pledge of Allegiance and Opening Statement

Dr. Phil Neiderer

I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

(The room recites with him.)

Unidentified speaker

Thank you, all.

Dr. Phil Neiderer

Well, I appreciate everyone coming tonight. It's good to see a good crowd here. This is what makes America great. So I assume there's bathrooms out in the foyer? Straight across the hallway. Okay. People do bathrooms out in the foyer and across the hallway. We're gonna start out. I'm gonna make a public statement, and this is not on behalf of the Board of Supervisors. This is from myself, and if you can just give me my three minutes, I'm gonna read this, and then we'll start with the rest of the meeting.

As a lifelong Middlesex Township resident and current township supervisor, I am here tonight to listen to residents, the developer, and township staff prior to the board's consideration of the Phase 1B Final Land Development Plan for PAX-1.
The developer first presented this project in October 2024. PAX-1 was later enrolled in Pennsylvania's Fast Track Data Center program in January 2025. In May 2025, the prior Board of Supervisors voted to create a data center overlay, followed by a zoning ordinance adopted in September of 2025 that allowed data centers by right within that overlay.
Because litigation over those 2025 actions is pending, I do not think it would be appropriate for me, as a current member of this board, to comment tonight on what happened in 2025 or why those decisions were made. Those decisions are scheduled to be addressed by the Cumberland County Court of Common Pleas later this month.
What I do want to explain first is the obligation of this current board with respect to tonight's agenda. Tonight's question is not whether this board personally likes the project, but whether the Phase 1B Final Land Development Plan satisfies the legal requirements that govern our review.
The Pennsylvania Municipalities Planning Code provides the legal framework under which municipalities review land development applications. In general, where an applicant satisfies the objective requirements of the zoning ordinance and the subdivision and land development ordinance, a municipality cannot deny an otherwise permitted use simply because the board or members of the public may have concerns about the size, intensity, or potential impacts of that use.
That principle is particularly important tonight because a preliminary land development plan has already been approved. Under Article V, Section 508 of the Pennsylvania Municipalities Planning Code, final approval is to be considered in accordance with the approved preliminary plan, including the conditions attached to that approval, such as financial security for PA Data Center Drive, provided that the applicant satisfies the applicable requirements.
Therefore, our responsibility tonight is to determine whether the Phase 1 Final Land Development Plan complies with the approved preliminary plan, the conditions of that approval, and the relevant provisions of the township zoning ordinance and subdivision and land development ordinance. The Master Developer's Agreement and Community Benefits Agreement are also relevant to this discussion.
They were not requirements that the developer was independently obligated to adopt under the township's ordinances. Rather, they represented additional commitments that the developer agreed to make at the township's request beyond the minimum requirements of the ordinances. These requests were made to the developer after months of considering residents' concerns heard at public meetings.
My responsibility tonight is therefore to apply the law and the township's ordinances as they exist, consider the full record before us, and make my decision based on whether the application satisfies the requirements that govern this board.

Thank you.

Unfinished Business: The Side Letter of Agreement

Dr. Phil Neiderer

So we have to start with unfinished business from the August nineteenth meeting, and we'll turn it over to the developer. I know we have discussed the Community Benefits Agreement, Master Developer's Agreement, the Phase 1B First Amendment to Developer's Agreement, and the Side Letter of Agreement to the Developer's Agreement, and I believe you have copies of those that were out, maybe in the foyer when people came in. They're also posted on the township website. You also discussed the PADEP Sewage Facilities Planning Module and Component 3 for Sewage Collection and Treatment Facilities at the last meeting, PAX-1 Phase 1B Final Land Development, and Phase 3 Preliminary Land Development.

I know what we did not get through was the Side Letter of Agreement to the Developer's Agreement, so if you can pick up from that point, and I believe you also have a letter of support that you wanted to discuss.

Andrew Giorgione (PA Data Center Partners)

Thank you, Supervisor Neiderer. As you indicated, we covered a few documents at the last meeting. There were requests for copies of those documents. We did make those and put those in the back. If you'd like to take a copy, there are hundreds, so hopefully there's enough for everybody. I would also, as a housekeeping matter, the township received, and we received copies of letters of support from the ironworkers and from the plumbers and pipefitters, and we ask that those letters of support be included in the record.

(From the audience: "You got a mute you can fix that?")

Andrew Giorgione

Last meeting we covered the community benefits agreement. We covered the master developers agreement, and then the first amendment to that agreement regarding phase one B. We also covered the final land development plan for phase one B, the preliminary development plan for phase three, and we started covering the side letter to the developers agreement, and we didn't complete that. So that's where we're gonna pick up this evening. After we do that presentation, there's been some consolidation of some of the waivers for phase one B and for phase three, and Justin's gonna cover that. And then our presentation will be complete. So I'm gonna pick up with the side letter agreement.

So this agreement contains issues that developers have agreed to that are not included in the developer agreement and not required under the township ordinances. So the first involves well testing, monitoring, and remediation, and I'm gonna read the language.

"Developers shall enter into separate agreements with each willing property owner having water supply wells located within fifteen hundred feet of all the blasting activities. The agreement shall provide for developer's 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 the completion of blasting activities at the property in order to address well yield and sampling of well water by a laboratory accredited by the Pennsylvania DEP.
"The water sampling will be for the following parameters: lead, nitrate, nitrite, total coliform, E. coli, pH, suspended solids, and turbidity. The results of each survey shall be provided to the township and property owner within fifteen days. The agreement shall provide for the developer 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 eight parameters. All testing, monitoring, and remediation shall be at the cost of the developer."

The second issue is noise monitoring.

"For a period of twenty-four months following completion of construction, the developer agrees to monitor noise level along the property line and locations previously approved by the township engineer and the township's consultant for purposes of the pre-construction monitoring to confirm that the noise generated by the development is no greater than seventy dBA on average, measured over a five-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 testing reveals that noise from the development exceeds that threshold, developer shall notify the township of the same and shall promptly remedy the deficiency through additional sound attenuation until compliance is achieved."

The next issue, ambient air quality.

"During and following construction, the developer shall comply with all applicable requirements of the Pennsylvania Air Pollution Control Act and implementing regulations and all other applicable laws and regulations governing air quality emissions from the development. The developer agrees to promptly provide to the township copies of all submissions for plan approvals and operating permits required for the development pursuant to those laws. Following the issuance of any plan approval or operating permit, to promptly provide the township with copies of all annual reports or other submissions made to the DEP required pursuant to such authorizations."

The next issue, waste and hazmat disposal.

"The developer agrees that upon cessation of the data center use on any parcel or lot of the property, all waste and hazardous materials shall be removed from the property in a manner consistent with standards and regulations imposed by the state or federal law.
"In the event that the developer determines that it would like to cease the data center use on the property, they shall give the township written notice of the intent to cease, and within thirty days after providing that notice, the data center has ceased operations, I'm sorry, for twelve months, they shall post financial security to the township in the amount of five million dollars to secure the decommissioning of the data center use, consisting of the disposal of the waste and hazardous materials contemplated in this paragraph. Notwithstanding the foregoing, from the date the data center use commences on the property, Carlisle shall maintain pollution liability insurance with coverage sufficient to remedy pollution, if any, resulting from the development."

Identification of tenants, next issue.

"Carlisle agrees that it may need to identify the prospective tenant for phase one B after final land development plan approval for phase 1B and before the approval, whether conditional or not, of any subsequent final land development plan by the township."

Industrial wastewater.

"Industrial wastewater generated from the property shall be tested monthly by the developer for the parameters listed below for a period of twenty-four months following completion of construction. The sample shall be analyzed by the DEP at an accredited laboratory. The results of the monthly testing shall be provided to the township and the authority on a monthly basis on or before the last day of each subsequent month.
"In the event testing reveals results in excess of applicable permit limits, the developer shall promptly address such results as required by applicable local, state, and federal regulations and laws. The sample shall be analyzed for the following."

So I'm not a scientist, so don't laugh at me if I butcher this.

"Arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, silver, zinc, cyanide, BOD-5, total suspended solids, phosphorus as P, ammonia-nitrogen, fats, oil, and grease, temperature, pH, total toxic organics, and flow."

That is the content of the operative provisions of the letter agreement. So I'm gonna turn it over to Justin now to cover the consolidated amended waivers for campuses one, B, and three.

Consolidated Waiver and Modification Requests

Justin Ross (Livic Civil)

Thank you, Andy. So following the last meeting, we had a follow-up internal engineering meeting with the township staff. There were a couple waiver requests and modifications that were reduced in nature. So we've consolidated...

(From the audience: "Now, could you please ask the people who speak like that how they smell?")

Andrew Giorgione

We're just taking care of that right now.

Justin Ross

Apologies. So my name is Justin Ross. I'm a principal co-founder of Livic Civil and also part of the PA Data Center Partner team.

Andrew Giorgione

I'm Andrew Giorgione, General Counsel and Head of Government Affairs for Pennsylvania Data Center Partners.

Pete McGrath (PowerHouse Data Centers)

I'm Pete McGrath, Senior Vice President of Development and Construction for Powerhouse Data Centers.

(Cheering from the crowd.)

Justin Ross

So again, the waivers that we discussed last time, a couple have been removed, and I'd like to just go through those for the record. Again, the first being Section 501.A.2 of the SALDO. This is a modification request of a plan scale that remains unchanged. Section 501.A.6 is also a modification from plan scale, which remains unchanged.

And again, this is for preliminary phase three. The next is Section 501.C.19. This has been combined with Stormwater Management Ordinance 303.J.12 and Stormwater Management 303.K.12. Again, the same items, they're just consolidated into one waiver request because their subject matter is the same. Section 703.A.10 and 707.A.1. Again, these were separate waiver requests. However, they've been combined as they relate to the same item as a deferral of curb and sidewalk with a note on the plan for PA Data Drive and Country Club Road.

The next waiver is 703.I.4, a waiver for depressed curb on the driveway. And then the next is Section 718.D.3.a and 718.D.4. Again, this had multiple sub-letters that have been consolidated further as this modification for plan scale. Section 718.D.3.b is for a deferral for plans and elevations related to the building structure until final. That remains unchanged. And the last... Yeah, three more. Stormwater Ordinance 303.B.2, infiltration of stormwater modification. Again, that is unchanged from last time. Section 303.H.17 and 303.H.18 relates to dewatering.

And the final one is detention basin side slope, Section 303.J.3, a deviation from the side slope requirement of the ordinance. So those are preliminary plan waivers that are being requested tonight. And then the last item would be Final 1B waivers, which are materially the same. Again, the first two, 501.A.2, is a modification for plan scale. 501.A.6 is also a modification for map scale. Next is SALDO 703.A.10 and 707.A.1. Again, a deferral for curb and sidewalk for PA Data Drive, which is the internal campus road that's deferred to some point in the future if deemed necessary by the township.

Section 703.I.4 is a depressed driveway curb waiver. Section 718.D.3.a and 718.D.4 is also for a plan scale. The prior request had a couple other sections within that, which have been reduced. Section 303.J.3, detention basin side slopes, the same modification. Section 303.H.17 and H.18, again, the same dewatering modification, as mentioned on the other campus. And then the final modification is stormwater Section 303.B.2, infiltration of stormwater, which remains the same.

Andrew Giorgione

So I believe that concludes our presentation, not only this evening, but for all of the matters that are on the agenda this evening.

Public Comment

Dr. Phil Neiderer

Okay. We'll open things up for public comment. You can see the microphone down at the end of the one aisle. Public comment is for residents and taxpayers of Middlesex Township only. You are limited to three minutes. You cannot cede your time to somebody else. And if there's anybody who is a Middlesex Township resident or taxpayer of Middlesex Township, non-residents and non-taxpayers of Middlesex may submit written comments to the Board of Supervisors. Please shut up. So everyone who comes down, ideally, you know, state your name, and if you're a township resident. Again, if you're not a township resident, based on Sunshine Law and the Middlesex Township meeting rules, you're not allowed to speak this evening.

(From the audience: "You can waive that. The supervisors have the ability to do that.")

Unidentified speaker

Ms. Rosa.

(From the audience: "We are the stakeholders.")

Country Manor West, before summer.

(Sustained shouting from the audience, including "Cumberland County, all the counties. You are going to poison us and kill us all. You're all criminals. You all are going to kill us. Your property gonna go dry. And all the water you gotta be taking from the water table.")

Dr. Phil Neiderer

You can't block us. Zach, if you would set the timer for five minutes, we're gonna take a recess until order is restored, and then we'll start with the public comments with Ms. Rosa.

break for order.
The chair called a five-minute pause until order was restored. During it the microphones caught shouting from the audience ("You can't block us out. You can't say we can't talk. What gives you the right?" and "Don't ruin the view for the animals") and, closer to a microphone, one side of a conversation coaching a resident on what to ask the board: "So they want all three of these things in one waiver. The problem with that is now all three sites are going to be voted on together. We don't want them to do that, but we want them to look at each thing individually. So procedurally it might seem easier, but for us, we need to keep them separate. That's what I'd like you to testify to. If you think that, please, as a Middlesex resident, come up and say that." That passage is reproduced because it is advocacy about the business before the board; the speaker is not identified. Nothing else from the break was transcribed.

Hilda Vazquez Rosa

Before I start my three minutes, I wanna say the last week in the workshop meeting, I'm talking about the Kirk Stoner and confuse the department, and I wanna say that he work for other department, not what the department what I tried talking in that meeting. I live in Country Manor West, and I wanna talk about the situation in my community. I come before you for following report on the serious situation on discrimination and neglect we are experiencing in the Country Manor West community. I'm here to demand justice and transparency and strict enforcement of the law. Below I present the specific fact that the support is complaint against the park administration and local authorities.

The authority of Middlesex Township, Cumberland County, and the Attorney General ignore all recurring complaint, abiding their institutional responsibility. We are systematically excluded from urban revitalization project and housing subsidies. The administrator discriminate against and abuse his position toward the resident who own their home with the full indulgence of the municipality. We suffer disproportionate rent increase about the marker and unfair penalty of twenty-four dollars for just paying online. Strict rules are selective applied to harass certain neighbors while ignore the violation of other. Internal street without maintenance, dangerous streets, street without power line and garbage accumulation. We have to pay unregulated water fee without an itemized bill or regulation by PUC or individual meter, plus thirty-three monthly sewer charge.

The other community close to us pay every three months use the same sewer company. I don't know why they charge us more. The water supply pipe sometime is severely leaking for long time, and the administration is manipulate the pressure, leaving us with a minimal supply. This has worsened dramatically with the PAX-1 project. The fear of eviction is being used as retaliation for all complaint. The Middlesex Police never investigate my harassment complaint. Finally, it is alarming that Frank Ferrano, owner of Country Manor West, obtained a twenty million loan in twenty twenty-four for a project in Middlesex using our park as collateral while here no improvements has been seen, and Mark Carpenter suspiciously rezoning the park RS to R4.

For all these reason, I formally request that the thorough and immediate investigation be launched into this irregularity. Our community deserve dignity and respect.

(Applause.)

Kathleen Diaz

Kathleen Diaz. Good evening. My name is Kathleen Diaz. I also reside at Country Manor West. I have lived in this community for approximately seventeen years. What I'm about to say may shock most of you and probably put a target on my back, but I'm okay with that because as a citizen of this community, I have every right to speak my truth. So here it is. I support the data center. Grow with time. And I support all of my community leaders. That is why I voted for them, and I will continue to vote for them. This is my right. People making statements about the data center blasting and things falling off their walls is absolutely ridiculous.

Maybe consider using better hanging materials.

(Crowd: "Boo.")

Just saying. Because absolutely nothing has fallen off of my walls. Nothing.

(Laughter and shouting from the audience.)

Being told that Middlesex Township has discriminated against our community and that we are a forgotten community because we live in a trailer park, come on. And that we are one of those suffering the noise impact from the data center is outrageous. I am a housewife. I am home ninety-nine percent of the time through the day. The thunder today is the loudest thing I've heard recently. I have not one time heard the blasting from the data center, not once, but maybe I'm deaf. Who knows? But if noise is what is bothering you, turn up the radio. I as a member of this community, I refuse to be a part of finger-pointing, harassment, and bold-faced lies against the community leaders, including township supervisors, water authority, police department, and anyone else that falls under that category, and most of all, the data center.

Hello. I don't stand with anyone on this. Harassment is a crime, period. Being a resident is also a crime. Now, what I will say is this: You are afraid of the wrong things. Maybe we are a forgotten community as a trailer park, but you are blaming the wrong people. I was challenged on Facebook to come to a meeting today and speak. So here I am. Challenge was accepted. So is breaking into a friend's house. Illegal inspections, overcharging in lot rent, water bills that are split evenly through the residents. We don't have itemized bills. Doesn't matter if there's two people or twenty people, we all are charged the same. Homes are sinking because there's underground spring leaks that have not been repaired in years. Potholes as big as a swimming pool on our roads.

Dr. Phil Neiderer

Excuse me. Zach was a little late on starting the clock, so I think your time's up.

Kathleen Diaz

Okay. Well, here's my final statement. Here's my final statement. I support the data centers. We have to grow with care and caution.

(Shouting from the crowd, including "Good job, guys. Keep it up. Good work, guys.")

(From the audience: "I'm against the data center, so can I talk? Can I talk?")

Christy

Excuse me. My name is Christy, and I live in Middlesex Township. I moved here to Pennsylvania a few years ago. We chose this township for its quiet, its land, its nearness to nature, peace, and calm. All that's at risk for my family and all of my neighbors and fellow residents. It's being decided for us without us. Much has been said before me in previous meetings, and I agree with all of those concerns that have been raised. In my time, I'd like to add two additional topics.

First, obsolescence. This project won't even be finished by twenty thirty. Princeton computer science professor Arvind Narayanan was recently on a New York Times podcast and said that as AI software gets more efficient and chips continue to improve, the physical footprint needed for AI compute is shrinking, too. Even Sam Altman, the founder and CEO of OpenAI, has warned that there will be big winners and big losers in the AI build-out. In his own words, "Someone is going to lose a phenomenal amount of money. We don't know who." You are betting our water, our land, and our health that sixteen buildings of this size will still be necessary technology when they're finally built. That is not a safe bet. It's a bet that today's footprint means outliving its own obsolescence curve, and if you lose it, we're the ones left holding the bag. Look at how difficult it's been to deal with an abandoned hotel on the Pike, which stands as an absolute blight on our township.

(Applause.)

Imagine the same footprint for sixteen buildings. Second, the money doesn't cover the risk. Fourteen million dollars is truly nothing. And that's if we ever even see that money. Weigh it against what you're exposing us to. As a small example, we don't even own a fire department. If something happens at that site, a neighboring township responds, and they'll look to recoup those costs. If our water is compromised, if property values fall, residents and businesses will look to recoup those costs, too. I understand that you're afraid to pull the trig... You're afraid that you'll have to pay the developers' legal fees if you pull back now. But a straightforward, if costly, fight with a company that signed a contract is a known and contained risk. Open-ended civil liability to your own residents, to neighboring municipalities, to anyone that can show harm, that risk has no ceiling, and you'd be facing it with chump change. You were elected to weigh trade-offs for this township.

I'm asking you to actually weigh this one, a fixed known cost now against an unbounded one later. Please, I'm here to plead with you to have courage to do the right thing. None of us want this.

(Sustained applause, about forty-five seconds.)

Rachael Dymski

My name is Rachael Dymski. I live at Bernheisel Bridge Road.

Dear Middlesex Township Board of Supervisors, we, the Neighbors Against PAX-1, with the support of the undersigned organizations, the Appalachian Trail Conservancy, the Cumberland Valley Appalachian Trail Club, and the Keystone Trails Association, write to express our opposition to PAX-1, the development of sixteen hyperscale data centers on seven hundred acres of farmland surrounded by homes and sensitive ecosystems in Middlesex Township.
The proximity to nature and the outdoors is one of the strongest attributes Middlesex Township offers its residents. This township boasts access to hiking on the Appalachian Trail, fishing and boating in the Conodoguinet Creek, swinging and playing in the township park. A person can have a good life here, sitting out listening to the bullfrogs under the night sky, wading in the creek, picking the phlox that pops up across the township every spring.
We had hoped that any major change to the footprint of this region would be done with a great deal of thought and care, that it would weigh any potential monetary benefit against the quality of life its residents live. Instead, we share this letter to voice our concern that the landscape and heritage of this valley are being permanently altered with too little thought. The township is being deprived of its quality of life under the flimsy guise of money and progress.
When asking what can be gained from a new development, particularly one of this scale and impact, we must also ask what will be lost. When a data center uses the resources the surrounding humans and wildlife need to survive, namely water, air, and land, tranquility, and beauty, and it takes away from the quality of life of those it claims to serve, we must question whether the benefits truly outweigh the cost. We must ask, for instance, what happens to a community when the access to the graces of nature are taken out from beneath their feet? What happens to an agricultural community when it becomes polluted by low frequency noise proven to cause stress to surrounding livestock and wildlife?
What happens to children when they grow up listening not to the steady flow of a creek and birds, but to the incessant hum of generators? We are concerned about the level of low frequency noise that a hyperscale data center of this size will create, particularly for those who live closest to the compound, and specifically for those who live in Country Manor, a mobile home community adjacent to the property. The low frequency noise generated by data centers, even on a much smaller scale, has driven Virginia residents from their second-story bedrooms to sleep in their basements because the noise is too difficult to live with. How will noise generated by sixteen hyperscale data centers affect a community of homes that do not have basements to escape to?
In a township with zero ordinance protection for low frequency noise, how will the unknown end user be held accountable?

(Applause.)

That the township is pierced by Interstate 81 and the Pennsylvania Turnpike only adds to our uneasiness. In a region that, according to the Clean Air Board, already gets an F for air quality, the addition of five hundred and thirty-two diesel generators raises questions about the resulting air quality residents and hikers will breathe. The pollutants and known carcinogens that these generators will add to already poor air quality will bring undue suffering to its residents and surrounding ecosystems. The Department of Environmental Protection has designated this region as an environmental justice zone due to its poor air quality, and yet no governmental agency has weighed in on the appropriateness of this facility scale in this designated location.
PAX-1 is slated to withdraw four hundred thousand gallons of water from the Municipal Authority daily, and it will return two hundred and seventy-three thousand as industrial wastewater to the Carlisle Borough Water Treatment Facility, a facility with recent EPA violations. The developers have not been forthcoming in disclosing what chemicals will be in that water. Water that eventually ends up in the Conodoguinet Creek, where our residents fish, our boaters go, and our children swim. We are concerned about the impact of aquatic life on our creek, already declared impaired, on what the excess wastewater will do to an already fragile ecosystem.
The Pennsylvania Constitution, Article I, Section 27, states that the people have a right to clean air, pure water, and to the preservation of natural, scenic, historic, and aesthetic values. Pennsylvania's public natural resources are the common property of all 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. It is not only in the government officials' best interest, but their civic duty to protect the land they have been given to steward. Once polluted, the air, the creeks, and the land are not easily remedied. Where possible, we must prevent the pollution to our environment from ever happening to begin with.
The decision to industrialize these seven hundred acres, to put a data center overlay sticker atop an MU-1 district meant for residential and light commercial uses, was done outside the guidance of the township and county comprehensive plan, and contrary to established land planning practices. Allowing this project through opens the door for more, and once wetted, the appetite for progress is rarely quenched, and our fear is that sixteen data centers will lead to many.

(Applause, about thirty seconds.)

The late author, poet, and environmental activist Wendell Berry once wrote, "There are no unsacred places, only sacred places and desecrated places." The seven hundred acres on Country Club Road were sacred to surrounding residents, home to countless wildlife. They provided passersby with a daily dose of tranquility and beauty, and they are being permanently destroyed in the endless quest for progress at all costs.

I'm almost done.

We implore you, in light of the governor's recent executive order and pending legal challenges, to halt all further land development decisions of PAX-1 and review all permits granted thus far. Please ensure that the development of PAX-1 weighs the balance of responsible progress against the necessity of environmental protection for the benefits of residents and generations yet unborn.

(Applause.)

Beth Legore

Good evening. Beth Legore. I'm a resident of The Meadows in Middlesex Township. I've learned from attending multiple planning commission meetings and board of supervisor meetings that the number of backup diesel generators has significantly increased over the past few months, from approximately four hundred to now five hundred and thirty-two diesel generators, each the size of an eighteen-wheeler. I'm curious if this new count was added to the environmental impact study and resubmitted to DEP. This is critical information given that Middlesex Township is already categorized as an environmental justice zone. A community identified by the state is already facing a higher share of pollution and health issues.

I suspect the answer is no. At a previous meeting when Dr. Neiderer asked for a new third-party environmental impact study, the developer said no. It seems this study was just a one-and-done checklist item for them. However, it's obvious that the scope of this project grew after the initial study was completed, meaning the current document fails to account for a substantial increase in risk to our air quality. Board of Supervisors, the Pennsylvania Constitution emphasizes the protection of citizens by our elected officials. You represent thousands of citizens in Middlesex, young and old, many of whom already suffer from respiratory issues and others who will develop them due to this massive new source of constant pollution.

Isn't it your constitutional duty to take a pause and make sure all the risks are evaluated? Additionally, I had a comment regarding the community benefits agreement, which tonight we got a copy of, a copy that's dated today, September second. Which made me wonder at the August nineteenth meeting when this was presented to us and to be voted upon, what changed from August nineteenth to September second.

(Applause.)

My other reaction to the August nineteenth meeting presentation of this community benefits agreement was, I would have thought the data center team could have spent ten minutes to put together a PowerPoint slide outlining the benefits, so I could see them and not listen to them be read from a paper. This is supposed to be your way of winning me over, to let me know why I should be happy you're coming in and bulldozing into my life right across the street from me, twelve hundred feet from my front door. But no, instead, you sat there and you read it off a piece of paper, which gives me zero confidence that the developer cares about this community or what our future looks like.

It clearly says you came in, you got what you want, and you're getting out. Thank you.

(Applause, about thirty seconds.)

Pam Wenner

Good evening. My name is Pam Wenner, and I live in the Meadows in Middlesex Township. And I'm playing something. I don't know if this is gonna come across. Doesn't sound like it. But this is beeping that I hear in my yard every day, five days a week. This is mild, okay? There's not the tick-tock, tick-tock that I hear from the equipment. I didn't record that, sorry. Isn't there something you can do about this township? This is disturbing. If I sat here during this meeting, I'm gonna sit back there and go, "Beep, beep, beep, beep" as everyone speaks. You would kick me out for disturbance, yet this is what I am expected to tolerate on my own property.

I spend most of my time in my yard. Ask my neighbors. I'm an outdoor person. But this constant noise, it totally disrupts my head space, my conversations with my neighbors. I feel the air quality is less. I've had bronchitis twice since this started. I've never had bronchitis in my life. I do have a sensitive system, but I manage it really well. Okay? I live half a mile, over half a mile away from the property line in the Meadows, okay?

There are so many people that live so much closer to the property line. I even installed ten birdhouses in order to mitigate the noise. Now, I'd like to share with you my next point. Oh, I'm sorry that keeps coming up. That's what it's like for me. Now, I'd like to share with you the responsibilities of a township supervisor per Section 607, I might as well play it, of the PA statute dealing with second-class townships. Paragraph one states, "The board of supervisors shall be charged with general governance of the township and the execution of legislative, executive, and administrative powers in order to ensure sound fiscal management and to secure the health, safety, and welfare of the citizens of the township." That's what you swore to do, okay?

To secure the health, safety, and welfare of the citizens. I'm just asking you to do your job. We are the citizens. We are the township. We are the community. It's not a corporation. It's not a board of supervisors. It's not the building on Middlesex Road or even a school district. It is us, the we the people in this room. We are the township.

(From the audience: "We love you, Pam.")

Lastly, in the future, could you please follow an agenda? Seriously, that is so minor, so easy, so professional. Make the person state what they're addressing on the agenda and talk to it. Last time, it appeared they were bouncing all over, and it created the perception that the presenters were intentionally trying to confuse the audience.

(Applause, about thirty seconds.)

Dr. Phil Neiderer

Ma'am. Time's up.

Pam Wenner

Yes. Well, it's impossible to...

Unidentified speaker

Get your phones out and record this one. There's some good information in here. Record this with your phones. Get your phones out and record this one. All right. Good evening, everyone. I appreciate seeing this level of turnout, and it's awesome that some of you have brought kids. Just a quick disclaimer that I'm very passionate about this, if you catch my drift. I'll try to edit my F-words. My name is Cletus Homickle III, not to be confused with Cletus Jr. That's my daddy. And though I'm not comfortable sharing my address, rest assured, I've been proud to call Carlisle home since I was born.

Hopefully we can keep the temperature in here tonight reasonable enough and none of you old fogies will have another medical emergency. I may not be comfortable disclosing where I live, but do you know who is? Excuse me, sir. No. Are you a township resident or a country back there? I am. In publicly available records, I literally just Googled them, I found the following addresses. Donald Geistwhite lives at.

(From the audience: "No, Donald. No.")

All right, I'll skip that. Thank you. You're better than that. Anyway...

(From the audience: "I know why you want to, but...")

Yeah, it's tempting. Okay. So in the America I grew up in, people calling the shots for a town were residents who had a lifelong investment in the community. Now we have corporate interests vying for a valuable chunk of our land and a sizable portion of a local utility. Not to mention the noise and emissions of five hundred plus diesel generators. I breathe this air. Do you breathe this air? I'm not sure what motivations the powers that be may have for this, but I just want to remind them all that we gave them their jobs and we pay their salary. We do not want this.

Do you think all those old rich guys who are playing golf at the country club will tolerate the incessant droning so nearby? I know you're all old, so take it from a millennial. The AI bubble will burst, and we will be left with these monstrosities of computing power that will be obsolete in a decade. If it's forced down our throats, we're going to see to it that the careers of those responsible end in dumpster fires. Every single one of you. We're going to elect the best candidate this area has to offer, and they aren't going to support this endeavor. Geistwhite, you're up for re-election next year, aren't you?

(Laughter. From the audience: "Yep." "Yes.")

How can anyone justify going directly against the wishes of those they were elected to represent? This is our town. Make the decision that your grandchildren and their kids will be proud of.

(Applause.)

Jody Shivell

Hi. Jody Shivell. I live next to the data center on Teaberry Drive. That is the house, the backyard, the creek, and their property is that. They're up on a hill a little bit more from me, but I hear everything. So that person that spoke earlier does not know what she's talking about. And anybody else that stands up like that, it's ridiculous that they're allowed to even speak if they talk in those kind of lies. So I appreciate everybody coming. I really, really do, because I need the support as well as the residents and my family who also lives on the same street.

I wanna talk about the noise, which I do every single time, okay, from the PAX-1. Since March, we've had months of blasting daily. It stopped for a while, but is about to start up again near phase three area. And if you live on that side of the PAX-1, you need to start taking pictures now of your home, consider radon testing so you know, and get the number to DEP and the blasting office. Not that you'll have issues, but so you have it. Some do have issues. My home rattled, the doors rattled, the windows shook, and the floors shook and trembled at times. Was it awful? No. Was it upsetting? Yes. I live across the creek.

I don't understand why we all were getting the house shaking, and nobody seemed to even mention that to us or be concerned about it. I consider that maybe the blasting needs to re-look at. I hear the shale or whatever is in phase three is more difficult than what we had to blast. Is that true or not? I don't know. But that needs to be considered. So all of you on the other side of PAX need to start paying attention to that because it's coming.

It's hard to live with all of that and the stress and everything else that goes on in your daily life. And the noise doesn't stop when the blasting stops. Every day, there are huge industrial machines moving earth, just moving it back and forth and back and forth and digging holes and taking it out. The backup beeping alarms are constant. There's drilling, there's concrete work. It just goes on and on, all day, every day. We're expected to live with that from six AM to six PM, Monday through Saturday. That's twelve hours a day, six days a week. And then you have people coming home, which would be normal, supper time, and then they're gonna mow their lawns.

So there's no quiet time for people that live along the creek or Country Club Road or a half mile back. And it's understandable. I mean, everybody has to get their work done. You can't enjoy your backyard. You can't just sit outside with your kids. You can't expect peace and quiet, and sadly, you can't keep your windows and doors open on a nice day. The sound and dirt travel. I have raised these issues along with others many times. So my question is tonight, what protection does this community actually get from the noise issues that you discuss? Because right now, the seventy dBA standard doesn't feel like new protection, and we are worried about the bigger picture, like low frequency sound that standard measurements don't...

Unidentified speaker

Ma'am, your time's up.

Jody Shivell

Can I finish my one paragraph? Please. It's not drastic.

(Applause.)

In the two-year sound monitoring, does that start? Does it start after the first six buildings or at the end of the build-out in seven years? At the end. So we need clear limits if this project, as it is, goes on and goes through, with safe noise levels for our community. We need that now because you continue to build and there's nothing being done yet, and this is months and months that we're subjected to this. So we need to correct that now to a level that's reasonable and amongst residents in a meeting, however you wanna do it. But I think maybe these new issues coming up with appeals will end it all. But in my opinion...

(Applause.)

Travis

My name is Travis. I live on Wolf's Bridge Road. When you did your site visits in Virginia, did you ask the residents and businesses what they thought, or did you take the guided tour and listen to their sales pitch? Nobody here asked for this. Central PA has had its share of financial blunders over the years, from the various empty shopping malls and hotels to the incinerator in Harrisburg, to the seemingly never-ending saga with Three Mile Island. But this time it will be different. You are convinced that this time Lucy won't pull that football away. We were told from the very beginning that the noise would not exceed seventy decibels, but now that is only true for some of the time.

Why are we moving the goalposts and giving them plausible deniability? Who is the third party in charge of the oversight that verifies the measuring equipment is accurate, and the recordings are truthful? And what is the punishment if they violate this? "We'll fix it later" is not okay. This township has already seen over ten percent growth in the last five years and still climbing. Water that has been treated, tested, deemed safe for human consumption will be used for industrial cooling. What is the contingency plan when the water and sewage usage exceeds the municipal capability? Your area for monitoring and testing private wells is insultingly low.

When a water table gets contaminated, it doesn't stay localized. What is the timeline for repair when someone no longer has potable water? Weeks? Months? And how do they get clean water while they wait? Our fellow PA residents of Susquehanna, Greene, and Washington County all had years-long legal battles from groundwater that was ruined by companies who put profit over people. What is their electric rate, and who gets prioritized when our grid is overwhelmed? All of you sitting up there should be familiar with the Enron scandal. Might I remind you, we only have one privately owned electric supplier in this area. Who makes up the difference when this drives down property values?

When the market becomes stagnant because you literally paved paradise and put up a parking lot. You have had people here telling you that work has been starting at six AM or earlier in our residential neighborhoods, and you ignored them. This is the stepping stone before phase one, and you have already relinquished complete control to these contractors. What happens when these inconveniences turn into quality of life problems? These are some of the reasons why you are hearing that things are, quote, "falling on deaf ears." What confidence do we have that this is actually being done for the greater good? Small town America has been ripped apart by this exact scenario.

Once this project is completed and all the broken promises and lies are exposed, it will turn into a legal battle. The developer will litigate indefinitely before repair, the contractor will file for bankruptcy, and the most we can hope for is a class action lawsuit. Then our sitting board members will withdraw their names from the next election cycle, making this a problem for the future generation. How long until it's our turn to post the headline, "Taxpayers are forced to clean up mess made by a billion-dollar corporation"? When this has negative effects on our community, who gets held responsible, and what are the repercussions?

(Sustained clapping from the audience, about two minutes.)

Unidentified speaker

You have three minutes and fifteen seconds. Go ahead, sir.

Earl Beam

Good evening. Earl Beam, Country Club Road. I'm one of the residents with a big circle in back with the next owner. I'm here representing five neighbors that are unable to take care, so I hope I'm not discriminated against and I get more than three minutes. The first one is basically Jason, Jason Justin. Mr. Fabio Sagaro is the gentleman that represents Maine blasting for a specialist for repairs. I'll read this, my neighbor's statement.

"I have read your August twenty-fourth, twenty twenty-six letter of denial for my damage claim relating to cracks in my house's stucco facade and basement, the interior block wall mortar joints, which I feel were caused and/or increased in size severity as a result of blasting your company performed at the PAX-1 data center across the street from my residence.
"Your letter mentions all types of blasting study figures, but nowhere does it mention how these figures could be affected or skewed by the age of a structure, such as the building of my home being sixty-eight years old. Just as the skin of a sixty-eight-year-old human will readily tear and bleed after surface contact, well, that would have no effect on the skin of a thirty-year-old human. Collateral blasting damage to a sixty-eight-year-old structure compared to the damage to a thirty-year-old structure by a blast of the same magnitude could be quite different due to the effects of natural deterioration that occurs with the age of the building structural components.
"You state that the pre-blasting survey video showed that cracks in the stucco facade and the cracks are the same size, shape, and locations that I am claiming were caused or increased in size by the blasting. You make no mention of the basement interior block wall, minor cracks visible on the pre-blast survey video. Is this an oversight on your part, or are there no indication of these cracks at all in the video? These cracks are quite important as they allow potential water entrance during the heavy rain events. Since they have not been indicated in your denial letter, I request that you send me a hard copy of the photographs from the pre-blasting along with video showing the existence of the cracks, shape, size of the location in the stucco facade and the interior block wall mortar joints so I can compare them to the cracks as visible than they are today.
"I will personally be relative this matter."

Well, this gentleman's really upset because he's contacted this person, as many of us have, and get the same response, "Deny, deny, deny." Like most lawyers, it's deny, deny, deny.

A second thing I'm here reading is from another set of concerned residents.

"It has been reported that a community benefits agreement has been negotiated between PAX-1 and Middlesex Township, with negotiated benefits applying to all residents of Middlesex irregardless to whether they are negatively affected by PAX-1. The residents of Country Club Road, who to date have suffered and will continue to suffer the most negative effects, will receive the same benefits as residents who suffer no negative effects. Country Club residents are being made the sacrificial lambs for this project, complete with all the emotional, mental stress and anxiety that accompanies the destruction of our quality of life, decrease of our property sales value, compromising our wells and our well water quality, physical damage to our properties and homes caused by PAX-1 blasting and construction activities that will be forced to us to repair at our own expense, the noise and air pollution.
"If the community benefits agreement as cited above is considered being a good neighbor to the residents of Country Club Road, we greatly disagree. For all the negative effects that Country Club residents are being subject to, this CBA is a slap in our face. We deserve compensation over and above what is being provided by the CBA. We just expect some kind of decency in how we are being treated, to be treated as you would expect to be treated if you were in our position. Is that asking too much?"

So they're thinking about it. Country Club Road needs to... Stop chit-chat. What's that? That they need to stop. Stop talking. All the community board are talking. We gave you no care about. You guys are all talking. Wait a minute. I'm representing five people here. I should be able to read theirs. If you're gonna do this...

(Laughter, clapping, and shouting from the audience.)

He restarted it. He restarted it.

(From the audience: "They're just upset they're talking over you.")

Okay, my question here, this is my question, a simple yes or no to the board of supervisors. Did the planning commission and the supervisors approve for blasting at PAX-1 site? Yes or no.

Unidentified speaker

What was the question? What's the question?

Earl Beam

Did the planning commission and the supervisors approve for blasting at PAX-1 site?

Dr. Phil Neiderer

We were not asked to approve that. That's under the township control.

Earl Beam

Okay, Justin. A question for Justin. Are you in charge of the contractors working at the site? If not, who is? Okay. Now, did PAX-1 hire the Maine Drilling and Blasting for the job? Yes or no. Simple.

(From the audience: "He's just trying to get the microphone.")

Well, I'm losing time because of the gentleman.

Unidentified developer representative

The construction contractor hired Maine Drilling and Blasting.

Earl Beam

Okay. Is Maine Drilling bonded and licensed to work in PA? Okay. So when the residents on Country Club Road submit claims for damage, we all receive the same response that our claims are not at the fault of blasting. I really question that. Okay, Justin, is it not true that on 6/4 and 7/16, the Department of Environmental Protection, through the mining side, conducted an investigation? Okay.

Dr. Phil Neiderer

Mr. Beam. Mr. Beam, this is public comment. This is not a question and answer session.

(From the audience: "We want answers.")

Earl Beam

I want an answer to this. Okay, I'll put it another way.

Unidentified speaker

These are verbatim, word for word, the same questions you've asked at every meeting.

(Shouting from the audience: "We haven't gotten any answers. So this has come into a point about being blasted. We want answers! We want answers!")

Earl Beam

This is not a question and answer session. I'm making comments. We're trying to get answers from these people. We get no answers. We ask questions, or if we submit to being blasted, we get no questions answered. I have the right to answer this, and a gentleman here can answer my questions. Why can't I ask questions? It affects people.

(From the audience: "We want transparency!")

This is public comment. This is not a question and answer session. Okay, I'll make this a comment, and I'm sorry.

Unidentified speaker

But you don't have section for questions. You always have section for comments because you never answer the question. It's the truth. Oh my God.

(Clapping.)

Mr. Beam, are your comments done? Fifty-six minutes.

Earl Beam

Okay, I have one more question. I mean comment. I have a comment. I have one more comment. I have a comment for Dr. Neiderer. This is an easy yes. This is just an answer, please. Outside of any township meetings, claims, our supervisors are atop. My question is, and I'm asking a question, did you ever make the statement that you inherited a PAX-1 issue, and if you had been involved to vote to pass the approval for this project, you would have voted no? Please think hard about what I've asked. I'm just here to set the record straight.

(Laughter and clapping.)

No comment. So what does that mean?

(Clapping and cheering.)

Roberta Kribell

Hi, my name is Roberta Kribell. I live in Country Manor West. I have two comments that I would like to get through. I went to the planning commission meetings, and I've been to the board of supervisor meetings. I went to the preliminary approval of plan one A and B, and one of the commissioners brought up that two of the buildings were the older technology with the fans on top of it that would cause a lot more noise and pollution in our air. And at that time, the contractor said it was due to supply chain issues and because of the vendor.

And I found out at our last meeting that they don't have a vendor. So if that is true, they had lied, and they got that preliminary conditional approval based on a lie, because there is no vendor. They have no lease as far as I know.

(From the audience: "Because they're liars.")

Yeah. Liars. So I would actually wish... I really feel that due to the lie that was said to the planning commission, that that approval should be rescinded. And if you are gonna approve this, you should demand that the best buildings be built and not due to a supply and chain issue. And if you do, ask them to prove it.

(Clapping and cheering.)

You at least owe us the best buildings to be built and not some subpar old technology buildings. I live right behind it. I hear the construction. Whatever. But also, too, I also found out, and I don't think that people know here, is that I think it's at Stony Brook Park where their new fields are at, that the kids actually lost four fields for them. So they lost four ball fields so they could accommodate for electrical stuff. I mean, a lot of this you piece together. Four ball fields. And also, too, I have a denial letter as well.

On June fifteenth, I was sitting at my home, and I almost fell out of my chair due to a blast. I'm glad the other lady doesn't have any issues. I wish I wasn't. And I actually suffered a crack in the beam, and my front door got all crooked from this. And I filed a claim, and I actually... Just fortuitous, a DEP agent accidentally knocked on my door, and I actually found out that June fifteenth blast was illegal and they were cited for it.

(From the audience: "Ooh." "Woo.")

And I got a letter of denial as well, and their denial was, "Well, call your homeowner's insurance."

(From the audience: "Oh." "Boo.")

My home has been there since nineteen eighty-nine and has never suffered any split in my beams. And so all of a sudden we get this blasting, and I get the bleep, and I'm told that... It goes into quite detail. I almost hit the threshold for the damage in this letter, but not quite enough. And from what I understand, nobody's getting any type of restitution. I don't know if my home could sustain... I am kind of right across from... I'm the first home next to the creek, and I don't know if my home could sustain any more blasting.

So just want you to know the noise sucks. You've no peace. So that's it.

(Clapping.)

Evelyn Altman

Hi, my name is Evelyn Altman. Please don't be confused. Not related to Sam Altman. I'm a sixteen-year-old resident at North Middlesex Road. I go to school here at Cumberland Valley. Please excuse me. I wasn't expecting to speak tonight.

(Laughter.)

Unidentified speaker

You're great. Are you a Middlesex Township resident or taxpayer?

Evelyn Altman

Yes. I'm just stating that I live in Middlesex Township.

So why is it that I, as a sixteen-year-old, have more respect for the environment than you do? You guys grew up without phones. You had the ability to play outside without the deafening hum of the data centers. The future generations, excuse me, and myself, I only have two more years of being a kid. Will I be able to play outside without hearing that noise all the time? Probably not. Is that all you want our future kids to know when being outside and trying to enjoy nature, the fact that they're only gonna know data centers? They're only gonna know the noise and nothing else.

They didn't have the opportunity you guys had growing up because you did not have the data centers. So I'm just confused as to why you guys are allowing this to be built when this is going to affect more generations. This is going to affect our kids and me, myself, too. I don't want my last few years here to be trying to fight for our rights and our land and not have data centers here the whole time.

(Cheering and clapping.)

Addison Altman

Hello, my name is Addison Altman. Not to be confused with my little sister, Evelyn Altman. I live on North Middlesex Road. In twenty seventeen, when my dad retired from the Air Force, him and my mom, a Pennsylvania native, decided to move our family here from Illinois. Starting at third grade, I attended Middlesex Elementary. I played on the playground during recess and went running through the path that went through the woods behind the school. I attended Eagle View Middle School, and I watched the community come together to allow us to continue our education during COVID. Prior to freshman year, I spent my summer attending a field biology camp run by Messiah University, where I fell in love with the environment and decided it's what I was gonna spend my life fighting to protect.

And now I'm a senior here at Cumberland Valley High School. I'm incredibly involved in my local community. I'm on the school's FFA leadership team. I work at a local dairy farm, and I love spending time outside hiking with my friends and family. And I plan on pursuing a degree in wildlife conservation once I graduate high school.

And honestly, I'm scared. I'm scared there's not gonna be much wildlife left to conserve. I'm scared this community I love will be changed beyond recognition if things continue to move forward as they have been. I understand as elected officials you're supposed to try and do your best to do right by this community. But the truth is you can't. You can't. Not when you're being lied to, and not when unbiased professionals are being left out of the conversation. So I ask, as a local resident, as a child that's grown up in this community, and as someone that wants to fight to protect our land, as everyone should. Because guess what?

If you don't have land, you can't live here. I ask that not only do you not allow the builders to choose the environmental consults, you take it upon yourselves to make sure an outside independent company does the environmental consultation and make sure we get fair, unbiased results. But also that you allow professionals to speak at these meetings to make sure all parties are being heard and the community's being properly educated on what is actually happening by people who understand what they're talking about.

(Applause and cheering.)

Matt Thompson

Hello, my name is Matt Thompson. I live in Middlesex Township here with my wife, Courtney, and our children. We moved here in twenty twenty in part because of the rural character of this area, and I guess we're lucky, I suppose, that we're not directly next to where the construction is happening. But I'm absolutely concerned about what I'm hearing about construction and blasting and the noise that that creates, and that construction is gonna be continuing on until twenty thirty. So this isn't gonna go away anytime soon. I also heard from what they were saying earlier that they're gonna test for noise once it's up and running, and that it's gonna be on average no more than seventy decibels on a five-minute average.

But you can fit a lot of decibels that are above seventy into a five-minute average. If someone were to fire a cannon and then be silent for the remainder of the five minutes, the average is gonna be pretty low, but the overall volume's still gonna be pretty high. Every report that I've heard on the news with respect to sound and data centers that have been built previously throughout the country has people talking about how even miles away they're having all sorts of health concerns just due to noise and noise alone, not to mention all the other issues. Now we're talking about water as well, and they've talked about how they're going to test for pollution.

Well, maybe they will, maybe they won't, and they said that if something goes wrong, that they've got insurance to cover it. Frankly, though, I'd rather not get cancer than be paid for having cancer. I would prefer to not have the problem. The energy source itself is another problem. The energy that they need to have to run a big data center like that, you can't get enough energy off of existing infrastructure. They're gonna have to beef up or build new stuff. And to do it quickly, it's gonna have to be based on fossil fuels, and that's gonna create pollution in this area, and it's gonna create heat as well.

That heat is not just something that emanates from the building. They're using their water, which is spit out as wastewater, to clean that out. The water problem itself is an issue because the heat from the water, the potential pollution in the water, and the fact that they're using so much of it have an impact too. I don't know about you guys, but our house runs on well water, and if they drain the aquifer faster than it can replenish itself, how long until I have to drill a new well or move entirely because I'm out of water? Silicon Valley has a motto, and that motto is move fast and break things.

The problem is they're moving fast past due process, and they're breaking the people and township that we live in. There is a hearing happening on September eighteenth, twenty twenty-six in the Cumberland County Court of Common Pleas before Judge Smith, docketed at twenty twenty-six dash oh six four six five, Gerber v. Board of Supervisors of Middlesex Township v. the Carlisle Development Partners LLC or whoever they're owned by. Why on earth is this decision happening now and not until after that decision has been rendered and due process has been followed?

(Applause, about two and a half minutes.)

An ounce of prevention is worth a pound of cure. Prevent this so we don't have to cure it later. Thank you much.

(Applause and cheering.)

Dave Callahan

That's a good segue. Good evening. My name's Dave Callahan. I live in The Meadows. Common sense tells us you don't build one of the largest hyperscale data center complexes in the country next to residential neighborhoods in the historic Appalachian Trail. Very sensitive. This situation is unacceptable and quickly getting out of control. The community has spoken loudly, and the votes today should be no.

(Crowd: "Vote no!")

Just like Upper Merion Township on August thirteenth. Gentlemen, it's time to do the right thing. You need to perform your statutory duty under Pennsylvania law to secure the health, safety, and welfare of the residents of Middlesex Township. So vote no. I also had some comments on the side letter. Good, I do have a little bit of time here. I've got six changes needed to the side letter before consideration.

Number one, the PAX-1 tenant identification is not mandatory on the side letter. This needs to be changed. It says, "May need to identify." That's on side letter four-E. This needs to be changed to shall identify. We need to know who this tenant is.

(Crowd: "We need to know who the tenant is." Clapping.)

Environmental monitoring and noise and industrial wastewater ends in twenty-four months. That's on side letter four-B and four-F. The data center is not a two-year operation. Monitoring must be for the duration of data center operations. Not twenty-four months.

The noise threshold, as communicated by some of our neighbors already, is too high at seventy decibels. And also there's no low-frequency number listed, and that needs to be on there, guys. That's just ridiculous. Like I said, you've got it listed at seventy. That's too high. Something reasonable I think is fifty-five daytime, forty-five nighttime. And that's for dBA and dBC, both of them. So that covers the high and the low.

And then this is something the township needs to be aware of. Decommissioning funds need inflation coverage. So we've got five million dollars security. That's okay as a base. This needs to be adjusted for inflation each year. If this thing breaks down in twenty years, that five million dollars is gonna be worth three million, and we won't be able to take care of it.

Pollution insurance, that's on side letter four-D. There's no dollar amount given. The minimum coverage must be noted. And then the side letter can be assigned, that's side letter number five, without township consent. But consent is required in the master developer agreement. The side letter assignment must be consistent with the MDA. We need consistency on this thing. Thank you.

(Clapping, about a minute.)

Hi, my name is Dustin Gewirt. I live in the Meadows. One of the first things I heard tonight was that the plumbers and pipefitters union supported this project. Well, as we've heard over and over, unless they're residents of Middlesex Township, their opinion is irrelevant. I wrote a few things down tonight because I only have three minutes, and I wanna make sure I say this right. When I look around this room, I know we all don't agree on politics. My political affiliation is different from my neighbors, and yet we're both here. There are Republicans in this room, Democrats, Independents, but on this issue, we stand together.

You can drive to our neighbors in C House and where I guarantee you the people inside don't vote the same way. But out front, the same red and white Stop PAX-1 sign. In this room, there are Eagles fans and Cowboys fans. Steelers fans and Ravens fans. Heck, there are probably even Ohio State fans sitting next to some Penn State fans in this room. But somehow tonight, we're all on the same team.

And speaking of Penn State, I wanna put the size of PAX-1 into some perspective. This project covers seven hundred acres, nearly. If you use roughly sixteen acres as a comparison for the footprint of Beaver Stadium, that means the field, the seating, and the concourses, you're talking about enough land for more than forty-three Beaver Stadiums. Forty-three Beaver Stadiums, that's how massive this is. And a decision this big shouldn't come down to two people sitting at that table without two million people who put you there. You represent more than seven thousand people in this township. Now, there are fifteen hundred seats in this auditorium. And if every person in Middlesex Township could be here tonight, that would fill this room five times over. So don't just count the people who are sitting in the seats. Think about the thousands of people who aren't. Listen to what these seats represent. Because this is not Republican or Democrat. It's not left or right, but it's our homes.

It's our neighborhoods. It's our township. And here's the other thing I wanna say. It's not too late. There is no shame in reconsidering something. I committed to a college once, a certain college, and I went there for three semesters, and then I realized it wasn't the right fit for me, so I left. I transferred. People make enormous decisions in their lives, and sometimes they stop and ask themselves, "Is this really the right thing to do?" Changing course doesn't mean you failed. Sometimes it means you finally listened. So I'm asking you tonight to listen. Hit pause, look around this room, and take the pulse of the community you represent.

You have people here with different backgrounds, different politics, different interests, but we are here together, and I'm asking you to hear us. Mr. Geistwhite, Dr. Neiderer, it's not too late to do the right thing. And if you do the right thing, I believe the people of Middlesex Township will have your back. Because we are the ones who will still be here long after the developers have moved on.

(Clapping and cheering, about two and a half minutes.)

Michelle Miller

Hi, I'm Michelle Miller. I'm here speaking on behalf of the Appalachian Trail Conservancy and the Appalachian Trail. Is it okay for us to speak? We speak at the August fifth meeting.

Dr. Phil Neiderer

Yeah. I know you've spoke at meetings before. We had an hour Zoom with you and your team and some township officials, which we really appreciated, and I think that, you know, we're certainly happy to have you have your three minutes. Thank you.

Michelle Miller

All right. The Appalachian Trail Conservancy and its cooperative management partners seeks to preserve and protect the scenic, cultural, historical, and natural resources of the Appalachian Trail, which is a unit of the National Parks System. Our policy on development and energy infrastructure states that the primary objective of that policy is to ensure that the impact of any proposed development on the AT be evaluated and managed to a no net loss to the Appalachian Trail core values. As we stated at the August fifth, two thousand and twenty-six Board of Supervisors meeting, ATC is opposed to the PAX-1 Data Center development due to its location, scale, industrial nature, and adverse impacts to the scenic viewshed of the Appalachian National Scenic Trail.

The AT is a world-renowned natural and recreational resource with sixteen point nine million visits trail wide each year. Approximately two hundred and thirty miles of the AT pass through the Commonwealth of Pennsylvania. In two thousand and twenty-five alone, the trail in Pennsylvania received approximately two point seven million recreational visits. That represents nearly fifteen percent of all visits trail wide, making Pennsylvania the third most visited of the Appalachian Trail states. We believe that the residents of the Commonwealth view the AT as a great asset to their state, contributing to the outdoor recreation economy and recreational opportunities, and we hope that the Board of Supervisors sees the value that the AT brings to Middlesex Township as well.

In addition to being an iconic natural and recreational resource, the AT has also been recognized as a significant historic resource and has been deemed eligible for listing on the National Register of Historic Places. As required by the Pennsylvania History Code, the PAX-1 development was required to assess the project's impacts to historic resources in consultation with the Pennsylvania State Historic Preservation Office, or the PA SHPO, as it's known. In their January twenty-third, two thousand and twenty-six letter, the Pennsylvania SHPO stated that, and I quote, "Construction of the project will have an adverse effect on the Appalachian Trail viewshed."

The importance of protecting the trail has also been codified at the state level through the enactment of the Pennsylvania Appalachian Trail Act of nineteen seventy-eight, and a second time through the amendment of this act, the Pennsylvania Act twenty-four of two thousand and eight. The original act of nineteen seventy-eight authorized the state to enter into agreements and acquire land interest to establish, protect, and maintain the Appalachian Trail as a public natural resource. Act twenty-four legislation recognized that more was needed to protect the trail and required the fifty-eight local municipalities along the AT to implement zoning in harmony with the natural, scenic, historic, and aesthetic values of the trail corridor in order to protect it from encroaching development.

So permitting six, let alone sixteen, seventy-foot-tall data center warehouse buildings to be constructed on farmland only three-tenths of a mile from and within the scenic viewshed of the Appalachian National Scenic Trail is simply incompatible with the values that we are tasked to protect. Therefore, the Appalachian Trail Conservancy is aligned with local community members in its request to the Board of Supervisors to deny approval of the PAX-1 Phase 1B Final Land Development Plan and all future land development plans related to the PAX-1 Data Center development. Thank you.

(Clapping.)

Susan Coulson

Susan Coulson. I'm here to speak for some voices that cannot be here with us tonight. Their voices are not the same as our voices, yet they already experience the loss of the total value of their homes. They share that similarity with those residents who are, at this very moment, calculating the loss they will suffer if a data center complex is built near their rural residential homes. I'm speaking for rabbits, foxes, raccoons, fish, frogs, squirrels, owls, geese, eagles, and other birds of prey. Songbirds that migrate on the Mid-Atlantic Flyway each year and stop over for rest on land and drink water from the Conodoguinet so they can continue their journey.

I'm talking about wildlife habitat, which includes four essential elements: food, shelter, water, and space. It is needed for all life on Earth, developers, supervisors, us, and the wildlife. Seven hundred acres of wildlife habitat has already been destroyed, and if data centers are built, it will never be restored. Animals need space. They don't stay in a few square feet or yards to get everything they need to survive.

(Clapping.)

A hyperscale data center... Sorry, there are a lot of microphones here. A hyperscale data center disrupts forever this essential wildlife habitat, and with it, our chance to interact and experience a relationship with nature that we, and especially our children, need as part of the natural world. We need this for our own health: mental, physical, spiritual. Middlesex Township residents, let's try that. And our children and future generations will benefit far more from restoring the seven hundred acres already being blasted for wildlife habitat. They need it for wildlife habitat more than for building buildings. Sorry. And their air-polluting, noise-producing, heat-generating, unnecessary hyperscale data center.

We need green space. The Cumberland Principles tell us that we will be preserving green space, and yet we are considering eradicating green space. If the Earth and its creatures could speak in voices as loud as developers, I know they would join Middlesex residents in saying, "Shut PAX down."

(Applause.)

Revoke back our land, our water, and our clean air, and let us live in the midst of wild things.

(Applause.)

Emily

Good evening. My name is Emily, and I live in the Meadowbrook community. My family moved here less than a year ago, believing this would be our forever home. I want to be very clear from the beginning, I'm opposed to this development. This is not simply a question of whether we should grow. Of course, our community should grow. The question is, what kind of growth are we willing to accept and what we are willing to sacrifice in the process? I have serious concerns about the environmental impact of this project, particularly the blasting. We have heard about testing and monitoring, but there are still significant questions about whether that testing adequately accounts for every area that could potentially be impacted by blasting.

We also have not been given sufficient transparency about exactly what the materials are being used in the blasting process or what the potential consequences could be for the surrounding environment, including our air, water, soil, and homes. And then there's the wildlife. There has been inadequate study of the impact this project could have on the wildlife that already lives here. This is a bald eagle's nesting area. They are nationally protected, and that should matter. We should not be moving forward with a project of this scale and environmental impact without comprehensive understanding of what it means for the wildlife and habitat that are already here. But what concerns me almost as much as the unanswered environmental questions is how this project was presented to the community tonight.

My family moved here because we believed this was somewhere we could put down roots. We chose here because of its natural beauty, its open spaces, its wildlife, and the quality of life it provides. Once habitat is destroyed, once wildlife is displaced, and once landscape is permanently altered, we cannot simply put it back. So I'm asking the people who make these decisions to consider whether this project is truly consistent with the community you represent. I am not opposed to progress. I'm opposed to sacrificing our environment, our wildlife, our quality of life, and the character of our community for this particular development. I moved here believing this would be my forever home.

Please side with the community that you represent and not perceived profit.

(Applause, about fifty seconds.)

Nikki

Hello. My name is Nikki. I live in the Meadows. First, I would like to address the three of you from PAX-1. You have to realize we sit out here, and we're watching you, Mr. Ross, with your face. You're so disengaged. I know you're tired of everybody saying the same thing over and over, but please pay attention and feel what we're feeling, because do you want one by your home? Do you want one by your children's house? So please listen. And stare at your computer or look at your phone. And to these gentlemen, you look so out of touch and so bored and so annoyed at being here. Pay attention. Look at us. We are begging you. Get a hearing aid and a battery.

All right? I understand that data centers have to go somewhere, but they don't have to go everywhere. They don't have to go in the middle of a farm field. Like, I sat on Green Hill, because I make my way to Bernheisel Bridge, and I looked at that sunset yesterday, and I'm gonna cry because I'm just angry. And I won't have that anymore. None of us will have that anymore.

(Applause.)

And you're gonna vote because you're scared. I don't know. You don't wanna get sued, for what I hear. I don't know. But you're impacting all of us. You're taking those things away from us and our children. You are trying to build a legacy, trying to do something for this community. I'm sure that's why you all wanted to be elected, and you are gonna completely ruin everything you've ever done in Middlesex forever by voting yes. Can you hear me? I'll talk loud. Please, I am begging you, don't let this be your legacy. Don't let this be our future. That's it. I'm done.

(Clapping.)

Eugene Albert

My name is Eugene Albert. I live at Country Club Road, and I would like to tell you that your blasting has wrecked my house. I have water in my basement, and your blasting person said, "Deny everything." I have a filter on my well. It's blacker than the ace of spades. And I would like to know who are your foreign investors?

(Clapping.)

Okay? That's true. I don't plan on standing up here to do the whole three minutes, but my house was built in the sixties. I'm a vet. I have a small apiary in back of my house. The hum from your data center is gonna kill them. I have... That is my only enjoyment in life. Okay? I sell a little honey on the side, but I wake up every morning. Right now, I feed my bees because there's nothing out there. They have to survive over the winter. Come the spring, they're out, they're about. They've got to get their nectar and pollen and everything. You put that place in, right across the street, I had a beautiful view. You know what my view looks like now? It's a big berm, twelve-foot tall.

I had, when I moved in there a year ago, or a little over a year ago, there was a big, beautiful soybean field, and it was a beautiful soybean field. It was very healthy. So that property was not dilapidated or ruined. It was good, healthy farmland. Okay? You know what it looks like now? It looks like a strip mine. Okay? It looks like a strip mine, and I was a geology student, and I visited strip mines, and that's what it looks like. Thank you.

(Clapping, about twenty-five seconds.)

Elizabeth France

Hi, my name's Elizabeth France. I live in Meadowbrook Farms. The developers have not been transparent regarding environmental health risks and economic risks posed by the construction and operation of the PAX-1 Data Center. Articles from the Harvard School of Health and the Environmental Health Project note that data centers represent health risks for their neighbors, such as those proposed for some parts of Pennsylvania, such as noise and light pollution, water waste, and cost increase for home energy. A recent Virginia Commonwealth University study found emissions from data center generators rose substantially between twenty fifteen and twenty twenty-three, to include increase in carbon monoxide emissions by one hundred and ninety-six percent, nitrous oxide emissions by one hundred and eleven percent, and dangerous particulate matter emissions by one hundred and thirty-nine percent.

These emissions are already dangerous and unhealthy and are likely to become much worse. The Environmental Health Project indicates that by twenty thirty, data centers could cause six hundred thousand asthma cases and thirteen hundred premature deaths at a cost to taxpayers of more than twenty billion dollars. The constant hum created by the incessant running of diesel generators and heating and ventilation and air conditioning units can be mentally debilitating and will interfere with our residents' right to the quiet enjoyment of their homes. Light pollution disrupts the natural circadian rhythms of the body, including sleep-wake cycles, as well as the migration patterns and habitat of birds, butterflies, bats, turtles, et cetera.

I'm happy to provide the supervisors and developer with copies of the articles I have here that support these claims. If the township supervisors make the wrong decision to approve the construction of PAX-1, they must ensure that any plan approved obligates the developer and its successors to remediate any harm or damage caused to township residents or to their properties resulting from the operation of PAX-1. This obligation needs to be accompanied by adequate insurance and/or surety bonds and other financial obligations that will cover the health and environmental issues, including the risks related to lithium-ion battery fires, for which the developer appears to be underprepared. These sureties must be procured before further construction continues and must remain in effect permanently.

Finally, the developer must submit a comprehensive decommissioning plan that addresses managing the long-term hazards of PAX-1 when the site is closed. I understand we got a notice saying that there's a five million dollar amount that they would make for decommissioning. This is grossly underestimating what it's going to cost, the cost for this decommissioning. According to the research I've done, it would be many times that five million dollars. That needs to be amended. Over nine thousand signatures on the community petition have been signed for the community. And over five hundred residents attended the last meeting. It is time the supervisors listen to the people they represent and vote no on approving the developer's plan.

(Crowd: "Vote no. Vote no. Vote no.")

(Applause, about thirty-five seconds.)

Vicky Pritchett

Good evening. My name is Vicky Pritchett. I live on Olsen Drive in the borough of Carlisle. I live approximately four miles from the site of the data center. I appreciate all the stories that everybody has shared, because I'm telling you, it's heartbreaking to hear what some people are going through, honestly. Excuse me.

Unidentified speaker

Are you a Middlesex Township resident or taxpayer?

Vicky Pritchett

Yes, I am a Middlesex... Olsen Drive? Yes. Olsen Drive. Okay. I pay Middlesex... Yes. Yes, absolutely.

(Applause and shouting from the audience.)

We'll make sure you get the time. Oh. Great. Thank you. I don't think I'll need the full three minutes, and I will try to stay focused. But I have to say, hearing the hardships that people are going through just kills my... I just can't even come up with the words, honestly. But I'm gonna try to keep myself together and focus on actual experiences that I've had in the borough with failed infrastructure, not just me, many residents, prior to this attempt at straining an already questionable infrastructure that we have.

So a few years after I moved into my home, we had a big storm in the summer. My basement flooded, I mean, up to almost the electrical outlets there was water in my basement. I was shocked. I thought it was just my house, you know? I discover all of the neighbors outside. It was a wreck. And it wasn't just our drive, it was a couple of additional streets that also suffered. So we dealt with it, ripped up carpets, threw out furniture, beds. It looked like a war zone over there, right? Everybody was doing this independently. It was like there was no structured help to help us deal with that situation, but we just accepted it, you know? Next year, same thing. Big storm in the summertime. Now, one time we could forget, you know?

But two times? So the second year when the sump pump started going off in the basement, I'm like, "What's that noise in the basement? Surely this isn't happening again." Surely it was happening again. And so this time we held a meeting with the borough mayor. They had people who were doing some infrastructure work. We wanted answers on when they were gonna get some pipes in the area that could handle the water. So they finally did. Thank God they did. And after they installed those pipes, we haven't had a problem. When it rains heavy, do I still go in the basement and look?

Yeah, I do. But my question is, if somebody could please address what's going to happen with the infrastructure if it gets overwhelmed. My homeowner's insurance wouldn't cover a claim, okay, in those situations. Are we just gonna be left in the cold to deal with any kind of property damage that we might suffer because of failed infrastructure or infrastructure that is currently okay but is going to fail with too much additional strain? And that's all that I have. Thank you for listening.

(Applause.)

Mike Peters

Hi, my name is Mike Peters. I live on North Middlesex Road. I grew up here, attended CV. Went away for work. Lived in Pittsburgh for twenty years, and then during COVID moved my family back here, just because of the air quality, the scenery. Being back home felt much better than being in a city where there were a lot of air quality issues, a lot of old industry, a lot of water pollution.

And I feel like here we are facing the same thing that Pittsburgh saw a hundred years ago. Have we learned anything from that experience? We're looking at a project here. This is not just another little data center. It is a scale and size that we haven't really experienced at all around here, and we're just willing to go along with conditional requirements and whatever promises are made to us. I think we need more. I think we need to really look at why the governor stopped the fast track process and said, "Let's look at this again." I think we need to look at everything. Going back to the environmental study, how it was done, who did it, the water studies.

Can our aquifers even handle this amount of water? The website that you guys pointed us to for a number of meetings, I think it still says four hundred thousand gallons. I'm pretty sure that somebody made a request for an additional two hundred and seventy-five thousand gallons of water. Is that true? Four hundred thousand gallons is your statement. That's what you're sticking with. Getting information has been difficult. I've tried to follow this from where the site was from the beginning, and I know that you guys have been frustrated with us at times for asking the same questions or asking different questions because we don't feel like we're getting the right answers or thorough answers.

So given everything that we've heard tonight from all these people here, given what the governor is saying, I would ask you to vote no or to at the very least postpone any decisions on the next phase of this vote. Thank you.

(Clapping, about twenty-five seconds.)

Sheena Jumper

Thank you. My name is Sheena Jumper. I read a two-page letter last time, although I don't know how many of my words were actually heard. I just wanna reiterate that my home is eleven hundred feet from phase three. So I'm gonna be dealing with it all the time. I just don't know how we're gonna proceed with this. Like, we didn't ask for it. There's no direct benefit to us. We don't want it. You talk about all the time about things you'll improve in the township, what you're doing for the school district, parks, expanding new workforce, things like that, but there's no direct benefit to those of us that live nearby.

And I wanted to say, what are you gonna do to help us when the time comes that all of this is going on and the noise continues? My husband and I went to Ashburn, Virginia last year just to see for ourselves, and I shared the noise back then at one of the township meetings, of what it was like for one building seventy-five yards away. And I just wanted to share that again tonight because I want everybody to hear what one building sounds like, and we'll have sixteen.

But then to also ask you again, what are you gonna do for the residents in that area? Are you just gonna tell us, "Well, good luck," and we'll have to pay for those things ourselves to remedy our homes to be able to live in them? So I just wanna play both. Again, one building, one data center seventy-five yards away from it, what it sounds like. And again, we'll have sixteen.

(A recording of data center noise is played into the room.)

(From the audience: "Twenty-four hours a day. No good." "Too loud." "Not worth it." "Do you like this sound? Do you need it?")

I mean, it just keeps cycling through, but because I have forty-five seconds, I'm just gonna let it play because this is what we're gonna have to deal with every day. It's too loud. Everywhere, it's too near. And that is not the generator.

(Clapping and cheering. The recording plays again.)

Jocelyn Colyer

Leave it. Leave it. Jocelyn Colyer, Bernheisel Bridge Road. So since there are two separate aspects of the project on the final submission that are incomplete, I'm still puzzled why the township would entertain the idea of moving forward and not responsively and effectively denying the plans. The noise issue is something everyone has brought up, and yet without them disclosing the tenant, our study is not complete to my knowledge. Right, Mike? Because we didn't use the modeled equipment. Is that still correct? Or I'm not allowed to ask questions?

(Clapping and cheering.)

It's outstanding. And for the record, I've emailed several times, and I've gotten one acknowledgement to my email that never answers. So anyways. And so I'm also asking about the road, the PAX-1 road construction, the security, the bond for that. That's still incomplete, I believe, as well. And I'm asking specifically because Giorgione... sorry, Andy, was a crucial player in Harrisburg's incinerator debacle, a deal which bankrupted the city so badly it threw them into a receivership with the state of Pennsylvania. It's still going on today alongside several active lawsuits. Both law firms he was working for at the time were sued by the state and are still being sued. One of the major factors that caused that, a factor that he worked closely on, was the project's lack of an adequate security bond, which is the same issue here tonight, to my knowledge, that we're still dealing with.

I'm also wondering, I hear a lot about the fear of saying no, and that the developers were sued. And I'm just wondering about that because, from what I know, won't they just file a land use appeal? And I'm pretty sure the residents have already filed that. So the thing that you're saying is so bad that could happen is already happening, and it's not that bad.

(Cheering, about thirty seconds.)

I also would like to say that it is unacceptable for them to not disclose a tenant until after the final plan approval. I also would like to say two minutes is not adequate to speak to all these topics. Constantly changing the agenda and changing when residents can speak is confusing, and I have to feel that it's designed to minimize the public input. And that is not transparent, and that is not acting in the best interest of your residents.

I would also like to say fourteen million is a slap in the face. I don't even know why we're entertaining that. Wells further than fifteen hundred feet will be impacted. I didn't see where they listed the contaminants they would test for, but not the contaminants they would add to the wastewater. That's missing information. They should go through a chemical water analysis before they can use the municipal water facility. There was no mention of PFAs, and water should be tested during laydown when concentrations are high. Five million is nothing as a decommissioning bond for a toxic multi-story acre-wide facility. There's numerous splits, fuel storage tanks, and tons of servers, chips, and mines. Five million is a drop in the bucket.

(Cheering, about fifty seconds.)

And I'm very confused about if there's any real ramifications in this project. It sounds like they're just doing monitoring that the township would have to do anyways. I'm very confused about that. There should be an automatic penalty to each violation. And I think it wouldn't be too much to ask for one percent of a fifteen million project paid. And it should be paid to us before it's operational, not after. And I think for every year that it is in business, we should be getting a payment. And if the campus expands, more acres, more land, more power, more water, we get more money for hosting them.

I can't understand why we're giving them the best our township has to offer and taking scraps and acting like we should be grateful. How much does a new school cost? How much is a fire engine? That fourteen million's gone in a second. And if you look at some of the other plans, you know, they're giving one million to a fire engine, five million for a solar project for the community to reduce energy bills for residents, ten million for ag-land preservation, fourteen million for a workforce training center, twenty million for a community center, thirty million for an elementary school. Fourteen million is a betrayal.

And there's one other thing I wanna say, and I've said it to Mike Mulcahy, so... They're holding that money against us until these lawsuits with the residents are over. And they're pinning us against each other, and we're your neighbors. And that's not fair.

(Shouting and cheering from the crowd.)

Kyle Gerber

My name is Kyle Gerber. You know my address. On behalf of my family, neighbors, and Stop PAX-1, I wanna thank you all so much for being here tonight. Since we first heard of PAX-1, we have been praying that anything done improperly or in secret would come to light. The Bible says in Luke twelve, "Whatever you have said in the dark shall be heard in the light, and what you have whispered in quiet rooms shall be proclaimed on the housetops." We have known in our hearts that this project is wrong, and the Lord has been faithful to bring hidden things to light. Tonight, I want to walk you through the process by which the data center overlay came to be and why we believe this land has been illegally spot zoned.

You can read the full timeline of events for yourself at stoppaxone.com/timeline. The PAX-1 project site is currently zoned for homes and farmland, as it has been for decades. But now a data center overlay sits on top and permits uses that are only allowed elsewhere in our industrial district. Step back in time with me to late twenty twenty-four. The township had spent more than two years rewriting its zoning ordinance with a citizen steering committee, and data centers appeared nowhere in their drafts. Then the developer showed up and pitched data centers as low impact, high revenue to the supervisors and later the planning commission.

After that pitch, the words "data center" do not appear in a single set of township minutes for five months. But where the public record went silent, private email exchanges did not. On December 4th, 2024, the developer's lawyer, Charles Courtney, emailed the township a fully drafted data center overlay to insert into the ordinance. He specified the exact section it should be added under and made data centers a use by right, thereby preventing the township from later applying conditions on data center projects when public concerns arose.

(From the audience: "Where's Charlie now?")

The following day, the township's planner, Troy Truax, responded that it would be reviewed for incorporation, and on January 7th, 2025, he confirmed to Mr. Courtney, quote, "We have the data center overlay language incorporated into the draft." Later that same month, following the January 31st supervisors' meeting, zoning officer Mark Carpenter emailed Mr. Truax. He said, "I got some direction from the board of supervisors at their meeting today regarding the new zoning ordinance project." Mr. Truax was instructed to, quote, "Allow data centers by right in the data center overlay district area," and specifically, quote, "To apply them to the Pantera and McNaughton properties along Country Club Road." Furthermore, Mr. Carpenter conveyed the township solicitor Keith Brenneman's opinion that our 2003 comprehensive plan is, quote, "Obsolete and no longer relevant."

And so the future land use map did not need to be updated before the new ordinance went to a public hearing. None of this appears in that morning's meeting minutes. A comprehensive plan exists to ensure zoning reflects the type of growth a community actually wants. But since ours was deemed to be too old to matter, they forged ahead without it. Despite the township's compliance, the developer became impatient, because on April 16th, 2025, their lawyer, Mr. Courtney, emailed zoning officer Mark Carpenter that Powerhouse was under pressure to move faster and that for belts and suspenders they would request an amendment to the current zoning ordinance. Later that evening, Mr. Courtney had backpedaled on the idea.

The following day, Mark Carpenter attended the Cumberland County Planning Commission meeting, encouraging them to approve the new zoning ordinance. Despite his suggestion that the ordinance be accepted as is with subsequent amendments to follow, the commission voted unanimously to deny approval of the new ordinance until the county's comments were addressed. Five days later, Mr. Courtney emailed Mark Carpenter and said, "Given the county planning commission's recommendation, Powerhouse revisited its desire to pursue a standalone amendment. Can we get it on the agenda for Friday?" The next day, on April 23rd, the developer filed the standalone application for a data center overlay amendment, warning that without immediate zoning change, the project's power supply and the project itself were in jeopardy.

The application included a second draft by the developer of the data center overlay, allowing data centers by right within the overlay's bounds. On April 25th, the township accepted the application, and for the first time since the developers pitched to the township five months prior, the data center overlay appeared in the township's minutes. The Cumberland County Planning Department reviewed the amendment on May 15th and recommended approval, but...

Unidentified speaker

Mr. Gerber, your three minutes is long since over.

(Shouting.)

And I think we understand the timeline. We'll have you come before to go over all this in another two weeks.

Kyle Gerber

No, respectfully, you even said you stand with transparency. This is transparency. And we, as residents, want to hear it.

(Shouting and clapping.)

Unidentified speaker

Your time is up. Your time is up.

Alexia Gerber

There's two more reasons.

Kyle Gerber

The Cumberland... All right.

Patsy Carter

Patsy Carter. I live in the Meadows. My time was never transferred. I'm Patsy Carter. I live in the Meadows, and Kyle can have my three minutes. Thank you very much.

(Clapping.)

Dr. Phil Neiderer

We do not cede time from one resident to another. Mr. Gerber, you've been to enough of these meetings. You understand the rules.

(Shouting.)

Kyle Gerber

I don't need your notes.

Alexia Gerber

Alexia. You're aware of my address.

(Shouting.)

Unidentified speaker

Go ahead.

Alexia Gerber

The Cumberland County Planning Commission reviewed the amendment on May 15th and recommended approval with comments. Among those comments, the county's planners recommended putting the overlay into the new ordinance rather than amending the 1989 one, and said the township should adopt a new comprehensive plan. Despite these comments, the township pressed forward. On May 30th, 2025, the township enacted the data center overlay amendment to the 1989 zoning ordinance in the midst of the ongoing zoning ordinance rewrite, at a seven thirty Friday morning workshop meeting with minimal public attendance. When the new zoning ordinance was finally adopted in September of 2025, the same overlay language supplied by the developer became law for a second time.

That language that the developer's lawyer sent back in December was enacted twice, and about eighty percent of it still sits in our zoning ordinance today word for word. These are the facts that led us to believe that PAX-1 has been illegally spot zoned. The zoning change was written by the developer's own lawyer and applied only to the project site with complete disregard for our comprehensive plan and no meaningful opportunity for public feedback until it was too late. Dr. Neiderer and Mr. Geistwhite, you don't have to repeat the mistakes of the past or your predecessors. This got us where we are today, and we would ask that you don't perpetuate it tonight.

And then I'd like to read a few of my own comments and submit an updated petition. But first, my question for the supervisors is kind of a carryover from the last meeting. A theme that we've heard through months and months of these meetings is that the DEP covers that. The planning commission approved that. Our engineers are okay with this. Bud Grove raised serious concerns last meeting, and I would like to know whether those have been adequately addressed in your opinion.

(Clapping, about twenty-five seconds.)

Dr. Phil Neiderer

So the question you're asking is that Mr. Grove brought up about the financial security for PA Data Center Drive. Is that your question?

Alexia Gerber

The concerns that he brought up that he did not feel have been adequately addressed by the developer. What is your opinion on that? Have you spoken with him? Has that been adequately addressed at this point?

Dr. Phil Neiderer

Right. Well, the PA Data Center Drive financial security has been added and will be a condition of final land development approval. So that issue has been resolved.

Alexia Gerber

Okay. And since I have a few more seconds, I'd like to ask the developers why do forever chemicals not appear on the list of chemicals that you're testing for? That's one of our main concerns as citizens. Why are forever chemicals not on the list of chemicals you're testing for? It's one of our main concerns as citizens. PFAs and others.

(Clapping and shouting.)

Justin Ross

The testing you're speaking about is for the regional residential wells. So the testing is for those wells, but there are no PFAS associated with operations.

(Shouting.)

Alexia Gerber

I would be interested to know that. So is that something that your water will be tested for?

(From the audience: "Who's the tenant? What's your address?")

Is that something your water coming out of your facility will be tested for anywhere along the process?

Justin Ross

So our water has to be compliant with MTMA industrial process discharge requirements. I don't know exactly what the requirements are within that, and that's the standard we have to meet.

(Shouting.)

Alexia Gerber

Are forever chemicals included in that testing? I'm a little surprised you don't know the answer to that. I mean, that's a big question for us.

Unidentified speaker

That's a township question.

Alexia Gerber

Okay. Township, please answer that.

Unidentified speaker

They have the right to add that.

Alexia Gerber

Township, can you hold the developers accountable to testing for forever chemicals, please?

Dr. Phil Neiderer

Is your question about industrial wastewater?

Alexia Gerber

Yes.

Dr. Phil Neiderer

Yeah. That's all under the direction of the Carlisle Borough Wastewater, and they have an officer who controls that, and they will have to fill out an application ninety days before their first discharge to be approved by the Carlisle Wastewater Treatment Authority.

(Shouting.)

Alexia Gerber

You can include it in the side letter.

Dr. Phil Neiderer

But it doesn't need to be in a side letter because...

(Shouting.)

Alexia Gerber

We are asking for protection here.

Dr. Phil Neiderer

No, it is part of the Wastewater Treatment Authority's plan. They only test about once a quarter. As part of the side letter agreement, we've asked them to test on a much more frequent basis and put the results out there for the public to see. That's part of the side letter.

Alexia Gerber

But not these chemicals. Why can't we ask the developers to test for more things here? You can. You should. Why can't we hold them accountable for this?

Unidentified speaker

What's your question?

Alexia Gerber

Why can the township not hold the developer accountable for this?

Dr. Phil Neiderer

Again, there's a lot of things that are not under the township control. There's a lot of things that legally are under control of the MTMA, the Wastewater Treatment Authority, the DEP. The township can only control what it can control.

(Shouting.)

Alexia Gerber

How about more frequent testing than is required by MTMA?

Dr. Phil Neiderer

What's your question?

Alexia Gerber

Can we require more frequent testing as the township?

Dr. Phil Neiderer

Can we require more?

Alexia Gerber

Yes.

Dr. Phil Neiderer

No, what we've required is not part of our zoning ordinance. They don't have to adhere to anything we've asked in the master developer's agreement or the side letter. These are optional things that we've asked that they have agreed to.

Alexia Gerber

The MTMA can put any restrictions in place. The MTMA can put any restrictions...

Dr. Phil Neiderer

Okay, fine. Your three minutes are up. We're gonna take a ten-minute recess so the staff can stretch their legs and use the restroom. We're gonna keep you here all night.

(Shouting. Crowd: "Vote no.")

Unidentified speaker

MTMA giving a secret water invasion. They know what is that. That includes everything.

Recess

Public Comment, Resumed

Dr. Phil Neiderer

Okay. I thank everyone for their patience. We're gonna get on with the meeting, and we'll start with public comment and who is next in line. And again, if you could state your name, if you're a Middlesex Township resident, please.

Alexia Farrell

My name is Alexia Farrell. I am a taxpayer in Middlesex Township. I want to address the documents that we have been provided. You've heard enough about all the other concerns. There are so many holes in this, and you are not fairly defending and protecting your residents. I know you all are intelligent people, and I cannot believe this is fine.

One of the documents said the developers are to make an investment into PPL infrastructure. There is no definition of what they are investing. There is no monetary value noted or required, just an investment. Why are they not being held to be required to supply their own power? There are mini or micro nuclear power stations available. That technology does exist. Why are they not being required to provide their own power?

Moving on to water. The water is to not exceed four hundred thousand gallons per day. What happens when they do? There is nothing in here defining what happens, what penalty there is if they exceed that. As far as private wells, the requirement of fifteen hundred feet is grossly negligent and does not protect residents outside of that. What of the wells outside of that? What if wells run dry? Why are you not testing for all of the industrial contaminants and blasting contaminants required in the industrial wastewater? That's going to affect private wells as well.

Moving on to waste and hazmat disposal. Why is the five million, which is a drop in the bucket, you need to be asking so much more. Why is that not being required to be held in escrow with the township? That's not enough. You can't trust that they are going to post security after they've already gone bankrupt.

Tenant. Do you even have a tenant? Where's the tenant? We have enough empty warehouses already. We want to know who the tenant is.

(Clapping.)

Industrial wastewater. Why are you not demanding testing for PFOS or PFAs and other industrial contaminants that are commonly found in water? This needs to be through the MTMA, and they need to be disclosing and requiring this testing of Carlisle. As Jessica stated earlier, we do not agree with you combining the three amendments. We want you to keep them separate, and we want you to vote on them separately and vote no.

Zoning. Yes, Pennsylvania requires that every municipality allow for each zoning. However, you did not need to approve a zoning overlay in a residential or agricultural area. It should have been required that they develop in an already industrial corridor.

(Clapping.)

Spot zoning is illegal and a challenge present to you, and it will be heard in court on September eighteenth. You fear being sued by the developer. Do you not fear being sued by your own residents? We are asking for a no vote. If you will not vote no, then we ask you to table voting until the court hearing on September eighteenth at nine thirty in the Cumberland County Courthouse.

(Clapping, about fifteen seconds.)

Phil Kohler

Good evening. I'm Phil Kohler. I live in the Meadows. Just to be fair, there are no small nuclear reactors available on the market and may not be available for a decade. But my concern is not that. It's actually air quality. We've all become aware of air quality alerts more and more during the summer, and a lot of that is the very small particulate matter, two point five micrometers or smaller. So small that it not only gets deep into your lungs but into your bloodstream.

What's been causing that locally? Well, okay, tires on cars, but also diesel engines in trucks, which have grown in population due to warehousing operations. Now, if we add industrial generators to that mix, we add PM two point five, and that's my concern. And the risks aren't theoretical. Heart attack, irregular heartbeat, aggravated asthma, decreased lung function, and more. And we see that here in this area every time we have an air quality alert in this area, and they're becoming more frequent.

I'm not even gonna come close to using my three minutes. The best idea I heard last week, discussed on the national level, is that AI data centers would be perfect for superfund sites. There you go. Nobody wants them. They need to be cleaned up. And they're a site that nobody wants.

(Clapping.)

Glenn

Hi, I'm Glenn Kopp. I live at North Middlesex Road. I've been there for forty years now. And I'll be honest with you, this is the dumbest thing I've ever seen. And I have here a report from Kimley-Horn. That is a company that does noise studies. They have an office in Camp Hill, by the way. I'm gonna read off some of these noise makers and what the decibels are and the quantity or the amount of these things too.

The outside air inlet louvers for direct air handling units, they're on each side of two of the data center buildings. There's a total of a hundred and four of them. On the generator side of the building, they're putting off seventy-three decibels. On the non-generator side, seventy-one decibels. Roof mount exhaust fans, and they're mounted on the roof of the buildings, there's two hundred and ninety-six of these gonna be for the whole complex. And the decibels on them are eighty-six. The next item is rooftop, and they don't explain what this is, but they're RTU-1 units mounted on the rooftop, and those, there's sixteen of them, and that will be one hundred decibels.

Unidentified speaker

Next item is the emergency generators and catcher generators. And those are mounted in the generator yard, and it says on here there's five hundred and sixty-six of these, and their decibels are sixty-five at twenty-three feet. Emergency powerhouse generators in the generator yard for auxiliary buildings, there's sixteen of them, and the decibel readings are seventy-five decibels at twenty-three feet. Outside air inlet louvers for direct air handling, each side of fourteen of the data center buildings, there is one thousand ninety-six of them putting out seventy-seven decibels on the generator yard side and fifty-nine decibels on the non-generator side. Condenser units, rooftop, three hundred and ninety-six. They are putting out eighty-seven decibels.

Glacier room air-cooled condensers, rooftop, eight of them. Decibel reading of ninety-four decibels. Glacier room makeup air units, rooftop, two of them, eighty-nine decibels. Transformers, substation, eight of them, and the transformers are at eighty-seven decibels.

Now, I didn't read the whole report that they have, but there's twenty-four pages to this report. And the decibel readings, they say in the report were taken at the property lines. But I don't know how they took decibel readings at the property line when there was nothing in there other than the construction equipment. So to me, this report really doesn't hold too much water.

(Clapping.)

But I'd like to end this by saying, you know, when the supervisors open the meeting, they always ask us to rise and pledge allegiance to the flag. Okay? But right at the end, we say, uh, liberty... No, wait a minute. How does it go? Liberty and pursuit of happiness. Justice for all. Justice for all. Okay. Thanks for helping me out on that. I think that needs to be changed, one word in that, because in these meetings, it's not justice for all. It's justice for some.

(Clapping and cheering.)

Thank you.

Unidentified resident

Good evening, supervisors, all my neighbors here tonight. With my time, I want to speak specifically on the low-frequency vibrations that have been brought up quite often tonight. However, they have a name. The medical term is infrasound, and it is dangerous and devastating to both human and animal bodies. Now, you can look this up. Please, everybody, it's called infrasound. It has been weaponized in multiple instances, and it's horrific. These vibrations pierce your skull. They'll give you migraines that do not cease. They cause cardiovascular, pulmonary, and neurological diseases. They also have been shown to affect fertility.

It's been documented at multiple residents living in data centers in New Jersey, Texas, Tennessee, Georgia, Alabama, Nevada, Arizona, Utah, Montana, and the list goes on. If you are curious, I highly suggest looking up the investigative journalism conducted by More Perfect Union. Now, I moved here from Gettysburg, where I lived off Seminary Ridge, and I enjoyed the wonderful rural peace and quiet of the National Military Park. When I came here, I did not have the same level of peace and quiet. However, it was still wonderful. Since this construction has begun, it has been destroyed. Our house has damage, our roof leaks.

I could go on and on, but mostly we're looking to start a family here, and I am terrified at what I would bring them into, given the dangers of infrasound, the pollution we're looking at in our air, in our water, and the quality of life that they're going to have. I know all my neighbors are thinking the same thing. So I hope you heed us. And given the fact that yesterday Judge Matthew Smith ordered both the Middlesex supervisors and... Let me pull it up. Sorry, I forgot the name. And the Carlisle Development Partners to explain to him why their relief request to stop PAX-1 should not be granted, why the construction should continue.

He demanded this of you. I believe that you cannot in good faith vote to approve this tonight. Please, we beg you to vote no. We beg you to abstain if you need further consideration. People come first.

(Clapping.)

Melissa Grimm

Good evening. My name is Melissa Grimm. I'm of Middlesex Township, live on Ridge Drive. I'd like to read this "may," quote, "not shall." This side letter calls well-testing, noise monitoring, and water testing terms the township, quote, "may impose as a condition of any future final land development plan approval," end quote. The question, why aren't these conditions of tonight's approval?

And I would like to add a few more comments regarding testing. Testing is a great thing, and those test results will come back, well, whatever you said, weeks or a month later. But what about the people whose homes have been destroyed already, of which we've heard tonight? And there's no home insurance company going to insure that, take care of those claims. That would be on you. Okay?

The other thing is, historically, this country is not well known for putting back our land when we've made a mistake, done the wrong thing, or maybe didn't know at the time to put it back, but we know now our errors. And lastly, health. I'm sure that this testing is not going to prevent people, all these neighbors, from getting sick in the future. Cancer, there's a big one. I'm sure people here have had cancer, and I'll tell you, it's not fun.

So when you please, please, Mr. Neiderer and Mr. Geistwhite, please take into consideration yourselves, your families, your children, your grandchildren. I hope that this earth surrounding us is still viable for my grandchildren, and they don't get terrible disease living here, and then have to go forth with treatments and so forth. You're truly making them sick.

Then lastly, wells. What good will this do us if those of us on wells don't have a drop of water left? And you all can relate because the water isn't just right there. It comes from the aquifer. This is going to impact all of us, including you. Please think about it.

(Clapping.)

Unidentified speaker

My name is Kevin Wormser. This is my daughter. Our well sits about three thousand seven hundred feet from the PAX-1 site in Silver Spring Township. You are in our township tonight. If you approve this, you stay here forever. Get out.

(Clapping.)

Ronald Young

My name is Ronald Young. I'm a resident of The Meadows in Middlesex Township. The governor's executive order was only eight pages long, and I'm hoping all of you guys have read it. And I suggest that because one of the pieces of it seemed to have nullified any non-disclosure agreements that might have been signed in the past. This gives you guys full legal and political coverage to at least table this vote. I'm suggesting that you table it at least until October, but it would make more sense to table it to November, giving you a chance to appoint a third supervisor, bring them up to speed, and to let us hear about why they're not monitoring the noise levels today rather than wait until the completion of construction.

Why the rush? Why the additional risk? Why they've only posted five million dollars to take effect only if they close up business. It's not enough. We have a hearing by a judge on September the sixteenth. We have the Municipal Court for the Susquehanna River Basin on September sixteenth for to vote on the water request. These guys have grossly underestimated the amount of water used. They're saying now up to nine hundred and fifty thousand gallons a day. But if you query AI, which is what this is all about, they're saying a minimum on a perfect day of five hundred thousand gallons per day for each hyperscale unit.

Multiply that times sixteen. Our water capacity is not enough for this. Now, it makes all the sense in the world for you guys, I'm not gonna suggest to you how to vote. Makes all the sense in the world to table the vote until these votes have been made and that the judge has issued his ruling. And if he doesn't issue it before the October meeting, table it till November. Give everybody a chance to get factual information, and please check up on what these guys are telling you. They're not being clear. Thank you.

(Clapping, about a minute and a half. From the audience: "What's the rush?")

Terry Peck

My name is Terry Peck. I am a Middlesex Township resident. I live on Mountain Road. I am a firefighter in this area. Thank you.

(Clapping, cheering, and whistling.)

So with being a firefighter comes many challenges, and the important ones today are low staffing. We are covered by three volunteer departments, which are all experiencing low staffing. So if anybody here knows anything about lithium ion, or they have a Tesla, it takes twenty-eight thousand gallons to put out a Tesla fire. Where's that water gonna come from? Where does that water go then, everybody? Where does it go? It goes right back into the creeks and everywhere else. Causes all sorts of problems. And not only that, it's a danger to everybody here's homes around there. What are you going to do with sixteen different buildings that are just massive in size for a Tesla?

Can you guys imagine how much water, how many tankers, how much manpower? We need a paid department in this township. You need to make sure that these guys have an actual good plan for fire protection, because there's a lot of lithium in these places, and it's terrifying whenever you're in an enclosed space with nickel and iron. Thank you.

(Jeering, then clapping and cheering.)

Jessica Smith

Hi, Jessica Smith, West Point Drive. I recognize that the Middlesex supervisors are letting this data center go through, but I also recognize that you did not invent bringing this data center here. So I'm going to use my comment time focusing on the men who did. Pete McGrath on the end here. You're here tonight representing Powerhouse Data Centers. Then, of course, in the middle we have Justin Ross. He is part of the Livic Civil firm hired to do the engineering for the data center, but you're also the COO of PA Data Center Partners.

(Crowd: "Boo.")

And he did the environmental report. Justin is a hunter, an outdoorsman, and also a lifelong Pennsylvanian. In addition to his data center ventures, he lives on seventy-five acres with his family in Northumberland County. So it seems like he appreciates nature in his free time. We also, of course, have Igal Feibush here tonight. He's in the front row sitting to my left. Igal is the CEO of PA Data Center Partners and the principal driver of the PAX-1 project. Do you wanna stand, Igal? And then last but not least, of course, we have Andrew Giorgione here. He's the counsel for PA Data Center Partners.

Andrew Giorgione's business history and this current project's lack of security bond is what I wanna ask about tonight. Bud Grove pointed out at the previous August nineteenth meeting that Andrew Giorgione and his partners have agreed to secure a fourteen million dollar security bond for the PAX-1 project. At the August nineteenth meeting where you folks were gonna vote on it, you guys had not secured that security bond. Andrew Giorgione, you let us know you hadn't secured it then. I'm wondering if it's been secured as of tonight, and if not, will the supervisors be voting on this project, potentially moving it forward without the fourteen million dollar bond?

And I ask this in particular because of Giorgione's history. It is very well known that Giorgione was a crucial player in Harrisburg's incinerator debacle, a deal which bankrupted the city so badly that it threw them into a receivership with the state of Pennsylvania, a receivership that is still going on today, alongside several other active lawsuits. He was such a key player in that bankrupt incinerator deal, in fact, that both law firms where he worked at the time of that deal were sued by the state of Pennsylvania and are still in those lawsuits today, September second, twenty twenty-six.

(Jeering, about a minute and a half.)

One of the major factors that caused the bankruptcy of Harrisburg for that incinerator deal, a factor that Giorgione worked very closely on, was the project's lack of an adequate security bond. That's the same issue here tonight. So I would like an answer. I guess it's rhetorical, it's a comment, but Mr. Giorgione, if you wanna speak to that. So this makes me think, why can't the developers provide the bonds if you haven't tonight? This is especially alarming because we don't know anything about the tenant. We don't know anything about how this project is being financed. Is it all debt? We don't know.

(Jeering, clapping, and cheering.)

And so it just seems like a bond here, which is like insurance for the construction project, would be something the developers could do to signal their goodwill to the residents. So I'm just asking if that bond has been made. If not, that's kind of a crazy business history for somebody bringing a project into our community, and that's without even touching on Igal Feibush's history of fraud. He's been convicted... He was found liable for bringing a bond team...

Dr. Phil Neiderer

Your time is up.

Unidentified speaker

And personal attacks are not appropriate at this meeting.

(From the audience: "It's on record. It's public information.")

Can we have the next speaker?

Jessica Smith

I respect the three comments. Bell v. Feibush, 2013. It changed broad compensatory damages in the state of California. Can you please press the mic? They teach it in law across the country. Look it up. Bell v. Feibush, 2013.

(Cheering.)

Barb Gleim

My name is Barb Gleim. I am a thirty-three-year resident of Middlesex Township. All of my kids were raised here and went to Cumberland Valley. As the supervisors know, I have written to them. I met with Phil Neiderer on my concerns with this project. I gave Phil a sample comprehensive data center ordinance that's being used in other parts of the state, and which Dickinson Township just adopted. I ask you to please review that again if this is gonna go forward.

Two years ago, PPL came and took four acres from our farm by eminent domain for what we were told was a new line going to York County. We now know this is untrue, and the line is stopping at the data centers.

(Crowd: "Boo." Cheering.)

We are forced to pay taxes on that land, whether it sits or whether it's used. Just to be clear, I do not support this massive data center project in a residential area.

(Cheering.)

I do not support putting all three phases together because technology changes over time.

(Cheering.)

So if you're going to vote yes tonight, I urge that you, the supervisors, give us the best ending possible. I urge my supervisors to, again, make sure that the end user, who I do not know who it is, brings their own state-of-the-art energy, cold forced air mini modules to this project. No diesel generators. And, Phil, I also wanna talk to what Phil Kohler said. They are in the United States. They're in Utah. We have one in Pennsylvania. They've been used in France for twenty years. We could bring them over and pay for them if it's going to be in a residential area. That would take care of all of the water issues, the noise issues. Every issue that was brought up to you today, that would take care of.

As far as PFAS, I do wanna say something to that. Carlisle is a targeted city in the whole state for increased levels of PFAS. You're going to have to deal with it, whether it's you or you. I don't care who it is, but you're gonna have to deal with it.

Also, if you're going to vote yes to this massive data center city, which is what I called it, when we have other brownfields that they could be put on, I ask additionally that you eliminate our property taxes. That you fix blight on the Miracle Mile. That you give free after-school care to our students at Middlesex Elementary School. That you increase the decommission bond, especially the decommission bond, because I don't know if you all know this, but just to demolish Frog and Switch cost our taxpayers thirteen million dollars, just for that one demolition. So five is not enough. Be transparent in all of your dealings so that we're not blindsided on new information. And get all of your promises in writing. Please get them in writing. And please fix the damages to the homes.

I mean, that just seems like such a small thing to be doing. Fix the damages to the homes. So with that, I also wanna say and agree with one of the speakers that was down here, fourteen million dollars is a drop in the bucket from what I'm hearing that they're getting in other parts of the state. And so we really need to increase that a lot, especially if it's in a residential area. Thank you.

(Cheering, about two and a half minutes.)

Danielle Long

Thank you, Barb. Thank you, Barb, for changing your mind. That really makes me so happy to be behind her. Danielle Long, Middlesex Township, Sherwood Drive. I easily live less than half a mile from the proposed site. My parents live in The Meadows and have lived there for thirty-two years. I grew up on Wertzville Road before The Meadows. My sister is a single mother who currently resides in Country Manor West. I live on the border, actually five doors down from where the Gleim farm resides. I love Middlesex Township, and when I heard that Big Tech wanted to eat it up, I knew exactly why.

It makes sense to me, too, that it's such a beautiful place. Of course they would come for us. I left here after graduating high school in 1998 and never thought that I would come back. I lived in Baltimore for over ten years. I lived in Manhattan. I went to school in New York. And the minute that during COVID I became pregnant, it was like an epiphany that I had that I wanted to come back to Middlesex Township.

There's a very fabric to the Middlesex Township community. We're not Silver Spring Township, and we're not Hampden Township, and quite frankly, we don't wanna be. We're so different. We're so unique. The grassroots organization, stoppaxone.com, is such a beautiful example of what Middlesex Township really is. When I walk down in the evenings or after school with my young son, and we see, and we talk, and we wave to people every night, I just... I'm sorry. I'm getting overwhelmed. I just think of the roads that were not just roads, were not just acres, and that we don't wanna be under surveillance or near a surveillance center.

I remember when I baled hay for Tracy Gleim, and I knew the Gleims well in the early '90s. I used to hang out on the Zeigler farm. I ended up chilling on the Pottinger farm. A lot of even what I was when I was working in corporate America or working in New York, I felt like it meant a lot to come from here. I felt nostalgic, and I didn't know because no one was transparent about what was going on in the meetings. That I've only been to the last five because even though I live right here, I really didn't know what was going on.

I saw the last meeting that my six-year-old, who's actually attended more meetings than the gentleman that resided or resigned, the Goodhart gentleman. That was very upsetting to me. I couldn't believe that my son is here now, and I've been dragging him to meetings because I couldn't get a babysitter, and that he has been to more meetings than the people that were voting and representing us. I do not think that democracy should be just two people that represent all of us. The gentleman who said many of us are on different teams from different political affiliations, and they're all different about everything else, he's so right.

(Clapping, about a minute and a half.)

Our politics are so different from one another. Our teams are so different from one another. But the one thing that we all have in common is this nonpartisan issue in our community. I oppose the seven hundred acre super AI center. I'm sorry. I'm nervous. That's why. Okay, sorry. I one hundred percent oppose a seven hundred acre super AI center next to homes and in the middle of my community. It seems like such a dichotomy that the Amish farm where I buy my eggs and my fruit is across the street from what would be a proposed data center.

I do not believe the township thought they were doing anything wrong. I don't wanna work against you. I think we should all be working together. I really do believe from the bottom of my heart that you were in a predatory environment. You either fell asleep at the wheel, as one resident said to me, or just didn't do enough of the homework. And it's okay to say no. It's okay to say you changed your mind on this very hot topic. Our own governor did just recently. We are simply seeing in real time what it looks like to be human. As we learn more about the projects that billionaires and corporate greed are targeting our rural communities and the ramifications that unfold, if we can do better, let's do better.

Lastly, I just wanted to know a couple questions. I just wanted to make sure that everybody knew that under Executive Order 2026-05, DEP will not issue permits until the developer shows local approval. We're asking that you understand tonight that your vote means that much, those two people, that you would be allowing that to go forward. The Municipal Authority has a pending application with the Susquehanna River Basin Commission for nine hundred and fourteen thousand gallons per day from Well 2. The commission votes September sixteenth. PAX-1's cap on request from the Authority is four hundred thousand gallons per day, forty-four percent of it.

And one thing that I remember hearing before too is this word "most." A PAX-1 spokesman said that the project already meets or exceeds most of the requirements in the governor's executive order. But in light of what Governor Shapiro has said, which requirements are in that category? Thank you.

(Clapping, about a minute and a half.)

Unidentified resident

Sorry, I'm tall. Thank you so much, guys, for being here. I love Middlesex Township, and I'm so grateful for you guys staying out so late tonight. It shows so much about what you think about where we live. I'm so proud of you all. I'm grateful for you. I have a lot to say tonight, and I'm gonna try to do it efficiently because there's so many agenda items crammed together.

The first thing I wanna call out is the water pledge in the side letter. They say four hundred thousand gallons, quote, "at current capacity." Could you strike that, please? Because the capacity is about to change with Well 2 coming online, so that four hundred thousand gallons is worthless.

The sewer module's before you because they need to amend a permit that was originally given to a residential development. They're now using it for industrial purposes, so they need a module three component. If you grant approval for it, which I'd first ask you not to, but if you do, could you note in your approval that the industrial use is incompliant with our comprehensive plan? The planning commission did the same thing on their approval, and I would ask the board to do that when they sign off on that.

I would also ask you to ask the developers for an extension so that you can fill the vacancy left on the board with Mr. Goodhart's resignation. As residents, we're entitled to representation that we are currently being deprived of.

(Clapping.)

On April ninth, twenty twenty-five, Russ Tress from Livic signed the Bald and Golden Eagle Protection form that the US Fish and Wildlife Service sent to them. In that form, it says, "During the breeding season, do not perform blasting or other activities that produce extremely loud noises within a half mile of in-use nests." Livic has confirmed that the eagle's nest on phase three is active.

Lastly... Second to last. About three weeks ago, I sent a letter to the board of supervisors requesting they reach out to the state ethics department for an opinion on whether or not Mr. Geistwhite is in a position to render his decision on sewer module three without bias. Mr. Geistwhite sits as the treasurer on the Municipal Authority board, and he was the one that put forward the motion to grant the project four hundred thousand gallons of water a day and accept two hundred and seventy-three thousand gallons of industrial wastewater. The MTMA is making a little bit over fourteen million dollars by this tap. And I just want you to ask the same question you asked for Dr. Neiderer, is there a position of bias here for Chairman Geistwhite sitting on both boards? I've not heard a response to that letter.

Lastly, excuse me. A few weeks ago, I was at a public meeting, and Mr. Carpenter asked me a question that I felt was harassing. He asked me, "Why do you hate us so much? And why are you trying to take all of our money?" He actually said that, and I was so taken aback, I didn't even know what to say. But I just wanna tell you, Mr. Carpenter, I don't personally hate you. I pray for you and this board daily. I do hate the decisions that have been made and the hubris of not being willing to change your minds in the face of overwhelming opposition from the people you represent.

I'm not gonna belabor the points that have been shared tonight. We are worried about air quality. We are worried about the consumption of natural resources. We are worried that the developers have been allowed to control the process by writing the laws. We are concerned that the only environmental impact assessment was done by one of the owners of the parcel, and the township continues to accept it as a valid environmental impact assessment. They should throw it out. By statute, in the SALDO, you have the opportunity to say it's a mutually agreed upon vendor, and by going along with it, you are saying that an owner is an acceptable vendor to the township, and that's insane.

You are throwing sixty-five adjoining property owners under the bus by putting an industrial use in residential areas. And finally, our land. I've got four babies at home. Our land is our heritage. Once you industrialize this site, there's no going back. I wanna hand to my kids what I was given. I grew up in North Middleton, and I love it here. Please, please do the right thing.

(Clapping and cheering, about a minute.)

Nathan Wolf

Members of the board, my name's Nathan Wolf. You've heard me before. I represent the Dymskis, the Gerbers, the Mortons, the Shivells, the Byerlys, so many more that are part of PAX-1 but haven't been named as appellants to our land use appeals. Land use appeals that are just in and of itself what they sound like. They are appeals to the court to ask to undo what has previously been done. There's a little misinformation tonight. On September eighteenth, we're not going to be talking about spot zoning because that hasn't become ripe yet. Our land use appeal involves a request for a stay so that you weren't forced tonight to be under a deemed approval deadline.

Nobody foresaw what was going to happen at the end of the last meeting, and we're all, I'm sure, very thankful that Mr. Brenneman is here and healthy.

I'm going to give you a basis to not vote tonight. You have put out documents that last time when we asked for them, we were told that they were drafts, that they were exempt. I'm glad to see that there was some reason applied and the Right to Know Law and the Sunshine Act, but not completely. There were documents provided tonight, like a master development agreement, a community benefit agreement, a side letter, but primarily the master development agreement refers to multiple exhibits, documents that are incorporated by reference, included in the content and substance of that agreement, but they were not provided.

Because they were not provided, and they are part of the board packet under the Right to Know Law and the Sunshine Act 708(b)(10), those documents that are before you for action tonight, anything you do without them having been made public is void ab initio. The public is denied the meaningful opportunity to comment on something that it doesn't have.

On August 10th, Mr. Dymski, on my behalf, submitted a Right to Know request for the engineering review letters for the final land development approval, for the preliminary land development approval that's before you tonight. Extensions have been invoked under the Right to Know Law, but here we are on September 2nd and we still don't have the engineering review letters. And tonight we're getting modifications that you feverishly scribbled down of what waivers are being requested and what are being combined.

I am asking you to put to Carlisle Development Partners, PA Data Center Partners, PA Powerhouse, whatever entity it is that is putting the most pressure that wants this approval now, I'm asking you to put the pressure back on them to extend your deadlines, to give you additional time so that we don't appeal on the basis that the Right to Know Law and the Sunshine Act, when read together, have been violated. Nobody wants to waste township resources. Nobody wants to sit here on a Wednesday night and not watch their kid play soccer.

(Clapping.)

Nobody wants to spend the kind of money that my clients are spending to fight not only in court, but at the Environmental Hearing Board. Three weeks ago, the permits that were issued were appealed because there was no notice and opportunity for comment. It wasn't transparent. Permits were pursued under Cumberland Knoll. Under Pantera. Those things that happened, the applicant told you they had approval for blasting from the conservation district that doesn't have the authority for it. An amended appeal was filed today to the Environmental Hearing Board. It raises the issues of continued blasting violations. It raises the fact that there has been a citation and a guilty plea for violation of blasting requirements. I believe it was June 15th. Within the last month, there were violations cited with sixty-four photographs of the failure to control stormwater on the site.

Everything that you do and rely on promises and agreements is just a promise and an agreement, and if it's not able to be policed by the township, if you can't shut it down, if you can't put the genie back in the bottle, then we better get control of it now while you still have the ability to vote no. And if you can't get motivated... I will try and wrap this up quickly, but I'm gonna repeat one thing that one of my clients proposed.

(Applause.)

Rev. Ricky McCarl

It's all right. I'm gonna address that point of view of what I'm looking at. Sir, I'm going to address this.

Nathan Wolf

Go ahead. Tonight you are being asked to make additional approvals to move this project forward. I will ask you, and I don't expect an answer, how can you take those actions when there are ongoing violations of environmental law, when under Article I, Section 27, the people have the right to clean air, pure water, the preservation of the natural, scenic, historic, and aesthetic values of the environment. Pennsylvania's public natural resources are the common property of all, including generations yet to come. As trustee, the Commonwealth shall, not may, not should, shall conserve and maintain for all the people those resources.

You have a duty, you have an obligation. If you are aware of issues that already exist, and the environmental impact analysis and the results of that, and whether or not this applicant can follow through on its promises, even if its analysis was accurate, if it can't follow through in maintaining stormwater, how are they gonna follow through in maintaining a 700-acre site? There are about seventeen other things I could read to you, and I'm not gonna take any more of your time. I appreciate you listening to us. I recognize it's a long meeting, and I wanna leave you with one final little thought here.

You've had about five hundred people the last couple meetings. It took nine hundred and twenty-one votes for you to be elected, Dr. Neiderer. These people trust you. They trust your duty that you have well executed to your patients for many, many years, and they know that you care. And Mr. Geistwhite, you've been reelected multiple times because your constituents know that you care. Don't let them down now.

(Applause and clapping.)

Rev. Ricky McCarl

Good evening. I'm the Reverend Ricky McCarl, vicar at Good Shepherd Anglican Church, Spring Road. I wanna speak to you as a theologian, because that's my job. And so when I think of the magisterial reformers and the emphasis that they put upon the job of the magistrate, especially the lesser magistrate, I think we have to examine the job you've done in light of that. I will give credit where credit's due, Dr. Neiderer. You have been attentive. I may disagree with you on a number of things, but you have paid attention to us. You have listened to us. You're not distracted.

Donald. You, sir, have not. You have been utterly disdainful and disrespectful in this entire conversation. You have been looking at your phone. You have been watching your watch. You've yawned. You sit there with your arms crossed with a disdain for these people you, sir, have been called to serve. And I stand here before you as a minister of the gospel, and I condemn you for that, sir. It is unacceptable. Now, sir, I will be heard. Now, ladies and gentlemen, if he has somewhere better to be, I think he should resign and be there.

While I'm on the topic of resignation, this is probably going to pass. You can see it on his face. He doesn't care. This can never happen again. These men need to be replaced, preferably with someone who didn't go to school with George Washington. Sirs, you should be ashamed of yourselves. Thank you.

(Laughing, then clapping and cheering, about fifty seconds.)

Josh Asper

Josh Asper, Horners Road, Carlisle. So the comment earlier about supply chain issues and the HVAC equipment, what's got me kinda wondering why we even had a discussion, because this is what I do. I do estimating HVAC plumbing, and I know there shouldn't be any reason for makeup air units to have supply chain issues. So I got to a little digging, and there will be supply chain issues probably for them moving forward, but it's probably because apparently sometime recently maybe the entire cooling system was changed to a direct liquid chip cooling for their servers. Is that correct?

They changed it to a chip cooling. That's what it says online. PAX-1 has been changed during the master agreement.

Justin Ross

That's different.

Josh Asper

So you're sure that's not at all true? Okay. There is no answer. I'm not talking anymore. Okay. Well, you're ensuring me that, because, yeah, that's what it's saying, and it was recently changed. Which is going to be changed for certain reasons. But so will we have makeup air units as initially planned?

Unidentified developer representative

Are you asking if there's been a design change of some kind?

Josh Asper

Well, I mean, who knows when you guys might know about design changes, but is it makeup air units was the initial design, to basically thrust all the air through because it's all air-cooled, and you're only going to be cooling with water when you hit eighty-five degrees or more. That's when the evaporative system was to kick in, right? And you're saying that that's still in place. Okay. All right. Well, then I guess we're cool, because if it was changing, then there would need to be new studies as far as sound, I would think. Right. Okay. All right. Thank you.

(Clapping and cheering.)

John Manta

John Manta, Wolf Ridge Road. I probably don't need a microphone, but I'll use it. My statements are, how many kilowatt of electricity are each generator producing at full load? Do you know?

Andrew Giorgione

Twenty-five hundred.

John Manta

Twenty-five hundred? There are a lot. Okay. Just for argument's sake, a one kW diesel generator will consume seventy-two gallons of fuel per hour. If you run that at a twenty-four-hour pace, you're talking about a lot of exhaust, a lot of poisons going into the air. We had a conversation before about the heat island, which kind of was addressed, but kind of wasn't. And the studies from Cambridge and Arizona University both came to the conclusion that around the data center, it will raise the temperature between thirteen and sixteen degrees Fahrenheit. You could dispute that if you'd like, but the scientific data has been... Cambridge University had a twenty-year study, and it's most... So I think I gave those to you, Mr. Neiderer. I gave you both of those studies. I'm sure I did.

The most important thing I have to say is just because you can doesn't mean you should.

(Clapping.)

And just because we've given PAX-1 the authority to build the first campus, you wanna call it, doesn't mean we have to give them the rest. I have no problem with the data center. I have a problem with the amount of electricity, fuel to run the generators, and water that it's gonna take to run the entire campus.

The low-frequency noises that will be developed because of generators and because of the servers is absolutely lethal. China has weaponized it. United States of America has weaponized it. Every major country in the world that has the ability has used it in the past and will continue to use low-frequency weapons to maim and destroy things. So what I'm asking you tonight is there's been a number of people that said, "Wait till the judge makes the determination on the seventeenth or the eighteenth of September," whatever day that is. But what I'm asking you is what's done is done, and you all have stated a number of times that you can't stop it.

You can't stop what's already in motion, but you can stop what's not in motion, and that's what we're asking you tonight. Have a great day.

(Clapping.)

Arlene Darlington

Hello, my name is still Arlene Darlington. I still live on Wertzville Road in Middlesex Township. A couple points to Andy on this letter. I would really appreciate if you could make it a little bit more robust and meaningful and not make it feel like it's kind of crumbs. And I don't mean that disrespectfully. Figuratively. Under the well testing on Section A, why only fifteen hundred feet? Why only those wells fifteen hundred feet from the blasting sites? Because I haven't had time to do a geological study, but I suspect that all this blasting is going to damage the aquifers, and I don't think you should put a time limit on when people can report damage to their wells.

So please consider that, and it'd be great if the board would put pressure on you to do that as well. I also agree with the multiple comments about the PFAS. They are per- and polyfluoroalkyl substances. I have a little bit of science background, so I can at least say those words. Infrasound also needs to be considered under the noise monitoring. I know, Dr. Phil, that you said that these are the developer's attempt to go above and beyond, but I think they could go a little further above and much further beyond. And my other comments, which I've used about half my time, are gonna be related to...

Can you zip this up for a little bit? I'm just... I don't know what's wrong, but I'm not doing too well.

(Clapping.)

Yeah. You sure? Yeah, yeah, yeah, yeah. I just... I think I didn't eat, so I'm just a little low on my glucose. But my brain still works. I just wanna read this statement. I spent a lot of time these last two days making this readable within the time limit, and I'm gonna exceed it now, but please give me the time.

This is a big night, the night I prayed would never come. Middlesex Township, Cumberland County, PA history will be made by the decision rendered by this two-man board of supervisors. Your family's legacies will be determined by your decision. And I pray that you make the only right decision, and that is that sixteen of these data centers that equals forty-three to forty-eight, my math differs a little, football fields, forty-eight football fields. That's what you're looking at. That's what we're gonna be looking at, but not for long, on rural farmland that's surrounded by sixty-five residential homes, farms, creeks, nature trails, and wildlife.

I do wanna talk just for a second about following the law. So two weeks ago, we heard from the board of supervisors that it's not about following the heart, but about following the law. And I thought to myself, "Hmm, okay, which law?" The township's old weak ordinances that are allowed to be revised by a special interest group, i.e. PAX-1 developer, to suit their need? That law? Or the law of the State of Pennsylvania?

The Pennsylvania State Constitution is the supreme law of the Commonwealth of Pennsylvania and supersedes all local ordinances. And you've heard multiple people talk about our rights that are protected under that constitution. I'm not gonna repeat them because I respect that you're all intelligent. You don't need to be told again. But the right to clean air, which will be jeopardized by five hundred and thirty-two tractor-trailer-sized generators that will emit nitrous oxide fume. Do not protect our right to clean air, no matter how many trees they plant, and no matter how the developer tries to hide the generator testing schedule despite multiple requests by myself and others.

Following the law means a right to pure water. Following the law is our right to pursuit of happiness. Following the law is our right to protect our property and the right to the preservation of the natural, scenic, historic, and aesthetic values of the environment. Therefore, this board cannot approve this final development plan for phase 1B in the face of these constitutional violations which supersede local ordinances, and thank you for the extra time.

(Clapping, about a minute and a quarter.)

Stanley Shivell

I'm Stanley Shivell. I live in The Meadows. Dr. Neiderer, I listened intently to your letter at the start of the meeting, and it sounded to me like that was going to be the excuse to vote yes. When I was an officer in the army, I learned one thing: leaders forfeit their right to make excuses.

So just remember about that. I hope you vote no, and we can move on from here and see what's up ahead. Thank you.

(Applause.)

Unidentified speaker

Thank you.

Robert Eppley Jr.

Robert Eppley Jr., Beagle Club Road. For those of you that don't know me, my name is Bob, or as known to my lifelong friends, Bobby, which signifies a bond and deep roots in Middlesex Township, where I've lived my entire life of sixty-eight years. Unlike my father, I prefer a private, peaceful life living on my family's generational farm. But here I am, concerned about the treatment of our residents and overly concerned about PAX-1. My message here today is specifically for one person, Chairman of the Board, Don Geistwhite.

My father, Robert Eppley, was township supervisor and chairman of the board for Middlesex Township for almost forty years. He loved his township, the residents, friends, and neighbors, and never once took for granted the honor given to him by the residents to serve the best interest of this township. His most treasured accomplishment was the purchase of land that would later become Middlesex Township Park. He fought for the purchase of this land, citing, "Our future residents will need a place for recreation, picnics, and a place for their children to play." My father was also a visionary. The land was purchased, and when my father ran for reelection, he lost his election. Why? Because the farming community, even though my father was a farmer too, felt he wasted their money on the purchase of the land.

Eventually, my father sought and won reelection, and he continued to proudly serve our community for many more years. When the time came for my father to step down, to pass the torch, he struggled with finding an individual with similar values and vision. Finally, he singled out the man he wanted to be his successor, and that man was you, Don Geistwhite. My father worked twenty-four/seven to ensure you were elected to this position you continue to hold today. My father was at peace, Don, knowing our township was in good hands. So with outside influencers manipulating their grand ideas and the supervisors not fully understanding the far-reaching impact this would have on our community, each of you voted in their favor.

You, Don, were also at the BOS meeting. Why did you vote this way? Your answer, you said, "We thought it was a good idea at the time." In closing, I respectively have one request of you. When you cast your vote to approve or disapprove PAX-1, Phase B, do not mutter your response. Do not look down. Do not look to your left. Do not look to your right. I want you to look directly into my face, the face that is the mirror image of my father, the face of Robert Eppley Jr. Thank you, Don, and God bless you.

(Applause and cheering, about forty seconds.)

Board Action: Community Benefits Agreement, Master Development Agreement, First Amendment, Side Letter

Dr. Phil Neiderer

All right, it's time for us to act on the motions that are on the agenda tonight. I read my statement at the beginning of the meeting, and, you know, it reminds me of what's listed in the stoppaxone.com website. Clearly says, "If it's permitted by right, and it meets the zoning ordinance, the supervisors must approve."

(Crowd: "No." "That's exactly what it says." "No.")

So I will make a motion to approve the community benefits agreement. Do I have a second?

Unidentified supervisor: Second.

Dr. Phil Neiderer: All those in favor.

Dr. Phil Neiderer: Motion carries.

Dr. Phil Neiderer: I make a motion to approve the master development agreement for Pennsylvania Digital One. Do I have a second?

Unidentified supervisor: Second.

Dr. Phil Neiderer: All those in favor.

Dr. Phil Neiderer: I make a motion to approve phase 1B first amendment to the developer's agreement for PAX-1. Do I have a second?

(Crowd: "No.")

(Crowd: "No!")

(Shouting from the audience:18 to 03:41:37.)

Unidentified speaker

Second.

All those in favor. Motion carries. Motion to approve the side letter agreement for well testing, noise monitoring, and other protections. Do I have a second?

Unidentified supervisor: Second.

Dr. Phil Neiderer: All those in favor.

(Shouting. Crowd: "Vote no. Vote no. Vote no.")

(Crowd chant: "Kelly Neiderer will not be county commissioner this time next year. Geistwhite will not be supervisor this time next year. We will hurl them out of office. Hey. Hey. Move them on. We don't want them. We don't want them.")

Board Action: Sewage Facilities Planning Module, Resolution 2026-12

Dr. Phil Neiderer

I move that regarding the Pennsylvania planning module for Pennsylvania Digital One, we hereby adopt resolution number 2026-12, plan revision for new land development, and authorize the township secretary to sign this resolution and complete related documents to be forwarded to PADEP for their review and action. Do I have a second?

Unidentified supervisor: Second.

Dr. Phil Neiderer: All those in favor. Motion carries.

(Crowd, over the motion: "We don't want PAX-1. No, we don't. We don't want it.")

(Shouting. Crowd: "No.")

Board Action: Phase 1B Relief from Ordinance Requirements

Dr. Phil Neiderer

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

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

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

3. SALDO Section 703.A.10 and SALDO Section 707.A.1, deferral of requirements for curbing and sidewalk along PA Data Drive abutting the development property, with required note on plan.

4. SALDO Section 703.I.4, waiver of requirement for depressed curb at driveway entrance openings along PA Data Drive.

5. SALDO Section 718.D.3.a and SALDO Section 718.D.4, modification of requirements for minimum plan scale of not more than one inch to one hundred feet for required maps and exhibits within the environmental impact assessment report.

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

7. SWMO Section 303.H.17 and Section 303.H.18, modification of requirement for all stormwater infiltration practices to infiltrate the stored volume within forty-eight hours.

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

Dr. Phil Neiderer: Do I have a second?

Unidentified supervisor: Second.

Dr. Phil Neiderer: All those in favor.

Dr. Phil Neiderer: Motion carries.

(Crowd, over the motion: "Retaliatory property tax revolution." "Enough of your bullshit.")

(Crowd: "Democracy." "Boo." "Power.")

(Crowd: "No.")

Board Action: Phase 1B Final Land Development Plan

Dr. Phil Neiderer

Motion number three, I move that we approve the final land development plan for Pennsylvania Digital One, PAX-1, phase 1B, subject to the following conditions.

1. That the applicant satisfies all comments and conditions of the Township Engineer, Bud Grove, PE, in written review letter number 3.5, dated 8/27/2026 by J. Michael Hess, PE, of Herbert, Rowland & Grubic, Inc., in a manner acceptable to the township engineer, subject to his final review.

2. That the applicant satisfies all comments and conditions of the Township Engineer, Bud Grove, PE, in a written sound study review letter number one, dated 7/8/2026 by J. Michael Hess, PE, of HRG, Inc., in a manner acceptable to the township engineer, subject to his final review.

3. That the applicant satisfies all comments and conditions of the Middlesex Township Municipal Authority in written review letter dated 8/19/2026 by Maxine Stoner, PE, of JHA, in a manner acceptable to the Middlesex Township Municipal Authority engineer, subject to his final review.

4. That the applicant satisfies all comments of the Cumberland County Planning Department in written report dated 6/8/2025, plan number P26-369.

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

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

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

8. That prior to the final land development plan for Pennsylvania Digital One, PAX-1, phase 1B being signed by the township and released for recording, the applicant first records both the final major subdivision plan for Pennsylvania Digital One, PAX-1, and the final land development plan for Pennsylvania Digital One, PAX-1, phase 1A, **** and enters into a developer's agreement with Middlesex Township regarding required construction of PA Data Drive and posts financial security for PA Data Drive with the township in an amount acceptable to the township engineer and form acceptable to the township solicitor.

9. That the applicant comply with all requirements of the letter agreement between the township and the developer.

(Crowd: "Vote no." "Do the right thing for once.")

(Sustained shouting from the audience through the reading of the conditions:04 to 03:49:06.)

Is this acceptable to the developer? Is this acceptable to the applicant?

(Shouting:27 to 03:49:44. Crowd: "No." "Go back to where you came from.")

We have a second on the motion. All those in favor?

(Shouting. Crowd: "No. Don't build where you're not wanted.")

Board Action: Phase 3 Relief from Ordinance Requirements

Dr. Phil Neiderer

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

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

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

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

4. (The chair reads "Number five" here; there is no item numbered four in the list as read.) SALDO Section 703.A.10, SALDO Section 707.A.1, deferral of requirements for curbing and sidewalk along Country Club Road and PA Data Drive abutting the development property, with the required note on plan.

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

6. SALDO Section 718.E.3.a, SALDO Section 718.E.4, modification of requirements for minimum plan scale of not more than one inch to one hundred feet for required maps and exhibits within the environmental impact assessment report.

7. SALDO Section 718.E.3.b, deferral until final plan of requirements for plans and elevations depicting the proposed size, square footage, height, number of rooms of buildings, and/or other structures.

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

9. SWMO Section 303.H.17, SWMO Section 303.H.18, modification of requirement for all stormwater infiltration practices to infiltrate the storm volume within forty-eight hours.

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

Dr. Phil Neiderer: Do I have a second?

Unidentified supervisor: Second.

(Sustained shouting from the audience through the reading:11 to 03:52:22.)

All those in favor? Motion carries.

Board Action: Phase 3 Preliminary Land Development Plan

Dr. Phil Neiderer

Number two, I move that we approve the preliminary land development plan for Pennsylvania Digital One, PAX-1, phase three, subject to the following conditions.

1. That the applicant satisfies all comments and conditions of the township engineer, Bud Grove, PE, in written review letter number 3.5 of J. Michael Hess, PE, of HRG, dated 8/28/2026, in a manner acceptable to the township engineer, subject to his final review.

2. That the applicant satisfies all comments of the Cumberland County Planning Department in written review dated 1/12/2026 for plan number P25-1177.

3. That a restrictive covenant be added to the plan by note stating that no water wells will be drilled on the property and that all existing water wells on the property will be properly abandoned and sealed in accordance with PADEP regulations.

4. That the applicant submits a detailed road improvements plan for Country Club Road prior to approval of final land development plan for phase three in a form acceptable to the township engineer, subject to his final review.

Dr. Phil Neiderer: Are these conditions acceptable to the developer?

(Shouting.)

Unidentified developer representative

Yes.

Dr. Phil Neiderer

Do I have a second on the motion?

Unidentified supervisor

Second.

Dr. Phil Neiderer

All those in favor? Motion carries.

Extensions of Review Time

Dr. Phil Neiderer

We're moving on to discussion and possible motion on extension of review time for preliminary and final land development plan for... until 12/15/2026. Per review of 6/17/2026, board of supervisors action deadline is today.

(Crowd: "Where is the bond?" "Andrew Giorgione, where is the security bond? Whatever, whatever, you destroy our land. We don't care. We don't care. You are all enemies of the township.")

So we'll make a motion to extend the review time for Ahold Ella Hayes Solar Development until 12/16/2026 or sooner at a suitable time between the developer and the township. Do I have a second?

Unidentified supervisor: Second.

Dr. Phil Neiderer: All those in favor?

(Shouting.)

Motion carries. Next, discussion and possible motion on extension of review time for preliminary and final land development plan for Sheetz Store 191 rebuild until 12/18/2026. Per review 8/19/2026, board of supervisor action deadline 9/2/2026.

(Crowd: "We have had you for over two thousand..." "Your actions are a crime.")

And Bud, this is because they need more time to answer questions, is that correct? Bud? They just need time to answer questions for the Sheetz development.

(Crowd: "Stop lying.")

Gerald "Bud" Grove, PE (Township Engineer)

You got it, kid.

Dr. Phil Neiderer

I just wanna verify that we're giving an extension for Sheetz because they need more time to answer engineering questions. Okay.

Dr. Phil Neiderer: I'll make a motion to extend the review time for preliminary and final land development plan for Sheetz Store 191 rebuild until 12/18/2026. Bud, second.

Unidentified supervisor: Second.

Dr. Phil Neiderer: All those in favor? Motion carries.

(Crowd: "We don't need your permission.")

MS4, Minutes, Bills, Reports, and Adjournment

Dr. Phil Neiderer

All right, MS4 stormwater. Nothing. Need approval of minutes from August fifth, August nineteenth, and August twenty-eight, twenty twenty-six. Do I have a motion to approve those minutes?

Unidentified supervisor: I'll second that.

Dr. Phil Neiderer: All those in favor?

Unidentified supervisor: Second.

Dr. Phil Neiderer: All right. Motion carries. Authorize payment of bills, September twenty twenty-six. I move that we authorize payment of bills for September twenty twenty-six. Do I have a second?

Unidentified supervisor: Second.

Dr. Phil Neiderer: All those in favor? Aye.

In terms of reports, is there any report between the municipal engineer, police, fire, EMS, zoning code, municipal authority, road master, manager of recreation, parks and recreation? They'll be taken to record. Meeting's adjourned.

(Shouting.)

Unidentified audience member

Epic fail.

(Shouting.)

You failed your community.

Let's go.

(Upbeat music plays over the end of the recording:56.)

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