Eldred Township BOS votes to meet with Citizens' attorney to discuss potential ethics and/or criminal investigations of possible conspirators related to failed Nestlé project

At the August 10, 2016 Eldred Township Board of Supervisors meeting, a motion was made for two of the three Eldred supervisors to meet with James Preston, the attorney who ably represented Citizens in the defense of their rights in the face of Nestle Waters/Deer Park attempting to rape Kunkletown of its most precious natural resource.  Mr. Preston is the attorney with the most thorough knowledge of the hijinx that is known to have taken place leading up to passage of the 2014 water extraction amendment.

The purpose of this meeting will be to explore possible legal and ethics complaints that could be made against those involved in the water extraction amendment illegally passed in 2014 - at least two years after Nestle first targeted the Gower property for its operation.

When questioned by an Eldred citizen as to what is to be gained by potential investigations, Supervisor Hoffman replied that it is unknown at this point - however, he believes that there is significant support in the community to investigate this course of action, and he feels it is his responsibility to do what the citizenry he represents wishes.  Kudos to Mr. Hoffman for listening to his constituents.

The vote was 2-0-1, with Gary Hoffman and Joann Bush voting "aye", and Mary Anne Clausen abstaining.  Ms. Clausen was new to the Eldred BOS when the amendment was passed on May 1, 2014.  Transcripts reflect that she attempted to understand and follow procedures, but to some extent relied on bullshit fed to her by those whom she had reason to trust.  Let's see - for example, like being told that the Eldred Planning Commission voted to approve the amendment change - a lie fed up in a dish for Ms. Clausen to consume in preparation for the April 27, 2014 CJER meeting.  Think Colin Powell on February 5, 2003, presenting "intelligence" on weapons of mass destruction to the UN, sourced originally from someone now know to be Curveball - a purported Iraqi informant but not vetted by Cheney's office.  Remember that Dick?

Who threw/are the "curveballs" in the Eldred Township matter?  Who manipulated the system?  A review of the posts on this blog provides a good starting point - make no mistake it is a cast of characters, not one individual.  The unknown person with moose-sized balls and suffering from the most intense state of euphoric crapulence of all called the Pocono Record and had a legal notice modified.  There is enough low-hanging fruit here to satisfy even the most voracious appetite.

In another official action, Eldred supervisors voted 2-0-1 (Mary Anne Clausen abstaining) to send a letter to landowner Rick Gower and Nestle Waters, again requesting that all 15 wells that Nestle drilled be closed - since Nestle's project is defunct.  Eldred's counsel previously sent a similar letter.  Nestle claimed in its reply that its lease agreement (never submitted to Eldred Township - only an agreement of intent was provided) with Gower provides for passing improvements on to Gower at completion of the lease, but Nestle did not obtain a permit so the lease agreement may be void.  Nestle stated that it intends to close 11 monitoring wells and the two production wells, per Gower's request to retain two of the monitoring wells for unknown purposes.

Note: there has been some confusion about the number of wells Nestle drilled.  The number 17 represents the total number of wells on the Gower property, and includes two pre-existing wells.

Landowner Gower requests to keep open 2 of 15 wells that Nestlé drilled at abandoned project site - for what purpose?

The PA DEP has a procedure for decommissioning wells.  It may be seen here.

Nestle drilled two production well boreholes and 13 monitoring wells (total of 15) on Rick Gower's property in Kunkletown - before they verified that their ill-conceived project even met the zoning - which their June 8, 2016 withdrawal letter announcing project abandonment acknowledged it did not.  Dumb and dumber.  Nestle stockholders should demand an explanation of this folly that must have cost a half million dollars and resulted in a failure to achieve planned expanded production at the (Allentown) Breinigsville, PA bottling facility. (note: number of wells above corrected on August 11, 2016)

Best laid plans for obscene profits shredded by Citizens of Kunkletown

On July 11, 2016 Eldred Township Solicitor Michael Gaul submitted a letter to Nestle Waters, requesting that the wells be decommissioned and that the results be certified.

On July 25, 2016, Nestle Waters counsel R. Timothy "we didn't call our water tanks silos to get around the zoning ordinance" Weston responded to Eldred's letter, indicating that landowner Gower has requested to keep wells MW-4 and MW-8 open.  For what purpose?

Well MW-4 is near the current shop location and a rationale for retaining it might be possible (though it apparently has not been supplied).  However, well MW-8 is 242' from the residence on the property, and located close to production well PB-1.  There appears to be only one reason to retain MW-8 - for the purpose of extracting water for use off-site, which is not a permitted use.  MW-8 should not be permitted to be left open.

Location of wells MW-4 and MW-8 on Gower property.  Production wells PB-1 & PB-2 are east of MW-8 and all three are located over the aquifer.

At the Wednesday August 10 Eldred Township BOS meeting this topic may be discussed.  Also on the agenda may be a discussion regarding Eldred Township submitting a complaint to the Disciplinary Board of the PA Supreme Court, in relation to Attorney James "let's do lunch Darcy" Wimmer's activities in relation to passage of the 2014 Eldred Township water extraction amendment.  This topic was discussed at the July 21, 2016 Eldred Township Planning Commission meeting, at which Planning Commission and Board of Supervisors Solicitor Gaul said the issue was "being explored".  There is no need to explore it - the facts have been known for several months.  Just do it.