Board of Supervisors - Regular Meeting

Good evening, ladies and gentlemen. Welcome to the July 14th iteration of the Derry Township Board of Supervisors meeting. Please stand for the Pledge of Allegiance.

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

Before we get started, The board met in executive session prior to the start of the meeting. During this confidential session, board members addressed and reviewed topics concerning legal matters, personnel issues, and land related concerns. These discussions were conducted to ensure the sensitive subjects were handled with the appropriate level of privacy and attention. I would like to remind all present that in accordance with township policy, every public meeting is tape recorded. Notices of this procedure are displayed within the meeting room. The purpose of this recording is to produce accurate minutes and to ensure that all comments made during the meeting are thoroughly documented. In addition to audio recording, we have recently begun live streaming these proceedings, providing a broader access and transparency to the community. For the benefit of the record, please speak directly into the microphone, sharing your full name and address so that your remarks are captured clearly. Each participant has three minutes to provide comments. If additional time is needed, it may be granted at the disposition of the chairman. Roll call, please.

Supervisor Bellucci? Here. Supervisor Corrado?

Here.

Supervisor Myers?

Present.

Supervisor Ballard? Here. And Supervisor Zmuda? Here. We have five present this evening.

Thank you, sir. Okay, that opens up our first session of public comment. Please step to the microphone and say your piece.

Good evening, I'm Deb Haken. I live at 2105 Sand Hill Road, Hershey, Pennsylvania. And I'm here to propose some sort of a welcoming resolution for Derry Township that would hopefully help to keep ICE from terrorizing our diverse neighbors and friends here, of which we have many connected to the medical center, to our hotels and motels, and those even who work at Hershey Park. Just look at Minnesota, Maine, and Houston, who recently have experienced murders at the hands of ICE officers illegally. And I don't think we should think it can't happen here. I think a welcome resolution should be soon on the agenda, if at all possible. Thank you. That's my concern.

Thank you, Ms. Hagan.

Good evening. My name is Janice Regan, and I live at University Manor East in Hershey, Pennsylvania. In my previous comments, I have spoken about the economic contributions our immigrant residents make to Derry Township, including their support of our local healthcare and research institutions. I've described the tax dollars and local spending they consistently put into our shared systems. And I've said that at this moment, they need our support. Tonight, I want to expand on that point. The protections and these ordinances that have been suggested are not only for our immigrant neighbors. They're also for every resident of the township. Consider what draws people to Hershey in the first place. Our township depends on visitors, families at the park, conference attendees, and the patients and researchers who come to our health care and research institutions from around the country and the world. That economy runs on a simple promise, that people are safe and welcome here. Armed enforcement operations on our streets put that promise at risk, and with it the reputation and the visitor dollars our local economy is built on. On July 1st, in our own county, an ICE agent fired a weapon at a vehicle on a residential street in Harrisburg. Whatever the full circumstances turn out to be, discharging a firearm at a moving vehicle in a neighborhood puts everyone nearby at risk. The local immigration attorney has already called publicly for clearer protocols around these operations. We do not want that kind of enforcement in Hershey. We are fortunate here. Our police officers are trained, accountable, and held to clear local guidelines. Federal immigration enforcement operating in our community answers to none of the same local standards. That is why local action matters, and other Pennsylvania communities are taking it. On July 6, the Borough State College, home to a large campus and thousands of international students, some who study here and support our regional economy, unanimously passed an ordinance and resolution codifying limiting borough cooperation with civil immigration enforcement. Philadelphia, Pittsburgh, Lancaster, and Carlisle have taken similar steps. Derry Township should join them. Thank you.

Thank you, Ms. Regan.

Hello, my name's Michelle Godfrey. I live on Jill Drive in Hummelstown in Derry Township. On June 23rd, 2026, South Hanover Township received an application from HCI Land Acquisition seeking approval to construct a hyperscale data center on approximately 250 acres at the former query site. This proposal has raised significant concerns among residents of both South Hanover and Derry Township due to its potential impacts, including noise, light pollution, utility demands, water consumption, and environmental effects. Although the project is located in South Hanover Township, many of the impacts will extend into Derry Township. I live just 1.9 township can provide testimony regarding potential impacts on dairy residents. I respectfully ask the board to contact South Hanover supervisors, Kevin Busher and Frank Tomasic to discuss dairy townships, participation, seek party status before the South Hanover township zoning hearing board and meet with me and other local residents to discuss the proposal and its potential impacts on our community. Thank you for your service and for considering this request. I would welcome the opportunity to discuss this matter with you and advice on the best way to communicate with you that allows for a back and forth response. Thank you.

Thank you, Ms. Godfrey. Anyone else? Seeing none that closes the first public comment session and opens up our agenda items. first actionable items are the adoption of the consent calendars or consent calendar. Sorry. A, B, C, D, E, and F. It's a pretty big one tonight. Do I hear a motion?

I understand many of these are related to holdings of securities that we have just to make sure that the work is actually done. And then we've released the money when the work is done. So they are regular in the course of business kind of items. And I would, with that understanding, move to adopt the consent calendar.

Thank you, Ms. Ballard. Is there a second?

Second.

Thank you, Mr. Corrado. All those in favor?

Aye.

Opposed? Hearing none, the motion carries. Consent calendar is adopted as written. It opens up our new business. Our first item is a request for authorization to execute a traffic signal easement at the intersection of Cocoa Avenue and Ridge Road. Mr. Jackson.

Thank you, Mr. Chairman. As the board is aware, Derry Township is currently undertaking the Gateway Project, which proposes the installation of a rectangular rapid flashing beacon at the intersection of Ridge Road and Cocoa Avenue. The easement area is approximately 300 square feet on the Hershey Public Library property at 701 Cocoa Avenue, tax parcel 24-032-050. So pretty straightforward agenda and I'm just looking for authorization for the easement for that. Chair.

Are there any questions from this Board? Hearing none, can I hear a motion?

I move to authorize the Chairman of the Board to execute an easement agreement for the installation of a rectangular rapid flashing beacon at 701 Cocoa Avenue, Tax Parcel 24-032-050. Do I hear a second?

I'll second that motion. Thank you, Mr. Myers. All those in favor?

Aye.

Opposed? Hearing none, the motion carries. Next item of business, the preliminary, I'm sorry, the preliminary final subdivision plan for 1115 Dartmouth Road, Platte 1421. Oh, Mr. Emmerich.

Thank you, Mr. Chairman. This plan proposes to subdivide property locally known as the Deer Farm and owned by William Hess into two lots. The proposal also includes the further subdivision of 1940 Kaler Road and 1117 Dartmouth Road owned by Dennis Bird. for access to the one tract of the deer farm. Gish Lane also provides access to the other tract of the deer farm. I'm outlining that with the mouse on the screen. Gish Lane is a private road. It provides access to six other lots. Both the birds track both of the bird tracks are being subdivided to create this 50 foot strip of land to access the upper or northern tracked for the deer farm. So once done lot number one will access Kayla road and lot number two waxes Middletown road by way of gish lane. Stormwater management and traffic information are not necessary since this subdivision does not propose any new development in and of itself. This is what I commonly refer to as a bulk land subdivision. We'd anticipate in the future seeing a single dwelling constructed on lot number one. The subdivision is subject to relief that was granted by the zoning hearing board related to the 50 foot wide lot width to allow access to lot number one and also to allow the driveway serving lot number one to traverse through the planned Campus West property, serving a residential use which is not permitted in the planned Campus West property. That may sound familiar to the Pensley Supply Project. There's a group of waivers requested as part of this plan. They've asked for a waiver of plan scale in order to show the entire holdings on a single sheet. They've asked for waivers of showing the profiles of all of the utilities since they're not affecting them. They've asked for a waiver of the erosion and sediment control plan since they're not proposing any earth disturbance. They've asked for a waiver of utility statements from associated utility companies. They've asked for a waiver regarding street trees because of the minor nature of the flaglots. They've asked for a waiver from providing monuments and markers and that's really specific to one of the corner pins where they'll be setting a magnetic nail instead of a standard marker as required by our subdivision land development ordinance. due to impervious surface being located there. They've asked for a waiver providing fire hydrant flow data. Both of these, well, the majority of these lots will probably be served by wells anyway. In each of those cases, the Planning Commission recommended that the waivers be granted. They've also asked for a waiver regarding sidewalks along the sidewalks. on the Northern Road, Long Kayla Road. Planning Commission recommended that waiver be granted subject to the applicant offering to pay the fee of sidewalk installation. They've asked for a waiver of street widening, and they've asked for a waiver to allow the digital file that we require under our subdivision and land development ordinance to be provided on a USB drive. And in each of those cases, the Planning Commission recommended that the waivers be granted. If the Board desires to approve this plan, I'd suggest that it be conditioned upon the 13 items in my staff comments, which I'm happy to go over if you'd like. Otherwise, I'll answer any questions.

Thank you, Mr. Emmerich. Are there any questions from this Board?

I HAVE A QUESTION. REGARDING THE STREET TREES, WHERE WOULD THE TREES BE REQUIRED IF WE DIDN'T WAVE THEM?

YOU GO TO GOOGLE EARTH BECAUSE IT PROBABLY TELLS A BETTER STORY. So Gish Lane provides some frontage, but is really a private road. It comes out to Middletown Road, but it also travels on Dartmouth Road. So that would be one place, and it's really not. very feasible to put trees there. The other place where the road frontage is being created is up along Kaler Road. And again, the new lot's gonna have 50 foot of frontage on Kaler Road, which really doesn't have a street tree presence today.

And why wouldn't we want trees planted there?

Because otherwise, this particular development is proposing no improvements at this time, obviously. The only thing that they would be, in essence, bonding for is property monumentation if it isn't set. We're creating a single large residential lot. It seemed like an easy waiver to grant.

And if we were not to waive the tree requirement, how many trees would be needed?

Chuck, can I also ask a question? This plan will come back if they would develop anything, correct?

Well, so, This, the lot that's truly the new lot that's being created is half of the old deer farm. So they're creating a new lot that's 12 acres.

Okay.

That at best would contain a single family dwelling. So it would not return to the board to build a single family dwelling on a 12 acre lot. So looking at the at the 50 foot wide strip, it'd be one tree one because. We require one tree every 50 to 75 feet.

And why was the trees not needed at the other location? You kind of zip by that. I don't.

I don't think that you could put a tree there. The way that Gish Lane comes down, it really absorbs into. Dartmouth Road. So Gish Lane is this strip of land, this thin strip of land that when it reaches Middletown Road, it really is part of Dartmouth Road.

So... Where's the property line that would be affected if we should not... WAVE IT.

SO TECHNICALLY, LET ME GO BACK TO THE PLAN. CHUCK, THAT'S NEXT. THIS OFFERS CRYSTAL HILL. YES. so by deed gish lane comes down to the road and back around however by dedication of dartmouth road back in the early 70s um dartmouth road right-of-way if you're following my cursor comes here and and out so dartmouth road actually absorbed part of gish lane so the frontage of of that other lot is And did you remember, is it Gish Lane 20 foot wide? Yep, so it's a 20 foot strip of land that comes down through here. It is, because of Stouffer's, it does have a few trees along there.

Oh, it already does? But that's the Stouffer's land, okay. Yes.

Yes.

Well, I'll support the waiver as to that section, but I would ask that one tree be planted along the other. Not too great a burden, I would say.

Okay, any other questions from this side? Okay, seeing as there's no more questions, we have two motions to make here. Would someone like to make a motion on the waivers? Okay, I'll make a motion on the waivers. I'll make a motion that the waivers are granted from the subdivision and land development ordinance As noted in the explanation section of this agenda item for the preliminary final subdivision plan for 1115 Dartmouth Road, Platte 1421. Is there a second?

As currently drafted.

As currently drafted. Sorry. Thank you.

I'll second.

Thank you, Mr. Berluschi. All those in favor? Aye. Opposed? Hearing none.

No. Well, because I want the tree planted.

Oh, well, I thought we were.

Oh, is that what we're agreeing to? That's what I asked. Yes. Oh, if we're agreeing to the tree planted.

We're going to have the one tree.

One tree, okay. I don't think that was clear. I think you need to amend your motion. Okay. And if you are going to do this, my recommendation is not waiving that tree, but deferring it to the point when someone files for a building permit to construct a house on proposed lot number four.

I would just as soon have them put it in now before the plan is recorded because tracking stuff like that to a building permit is incredibly difficult.

Okay. I'll withdraw my recommendation. Thank you. Thank you. Okay.

So the amended, that the waivers are granted from the subdivision land development ordinance, except for the one tree to be planted on the Kaler side. Is that the right side? Yep. As noted in the explanation section of this agenda item for the preliminary final subdivision plan for 1115 Dartmouth Road, Platte 1421. I'll second that.

Okay. All those in favor? Aye. Opposed? Hearing none, the motion as read carries. Okay.

Next motion. I'll make a motion that the preliminary subdivision plan for 1115 Dartmouth Road, Platte 1421 is approved subject to the compliance items one through 13 and the addition of the street tree as recommended by Supervisor Ballard and in the department recommendations sectioned in this agenda item.

Thank you, Mr. Myers. Is there a second? Second. Thanks, Mike. Appreciate that. All those in favor?

Aye.

Opposed? Hearing none, second motion carries. Congratulations. Okay, next order of business. Department of Environmental Protection Sewage Facilities Planning Module, component one, exception to the requirement to revise the official plan for the preliminary final subdivision plan for 1115 Dartmouth Road, Platte 1421. Mr. Emmerich.

So this planning module is a rarity here in Derry Township. Most of the lots that we create do have access to public sewer in this case. Again, we're talking about the deer farm, which is why I still have that up on the screen. They are so isolated from public sewer that they have tested for on-lot septic for the lots. And in doing that, they've also tested a backup area. which when those are done, DEP allows you to waive the formal planning module processing to do it the way that's before you this evening as a component one. And seeing that each of the two lots being created are 12.93 acres and 15.98 acres, we're comfortable that the sewage planning is adequate. Jeremy Bentz, the Township Sewage Enforcement Officer, has already signed the Component 1 on June 22nd, 2026. And at their meeting on July 7th, 2026, the Dairy Township Planning Commission has signed Section J of Component 1. I'm asking that the Board execute Section K of Component 1 for the sewage facilities planning module.

Thank you, Mr. Ramberg. Are there any questions from the board? I actually do have a question. It's pretty simple and I think I know the answer, but I want to ask it anyway. Since there's no construction on lot one right now, if one is anticipated, one actually occurs. Does this change the exception request at all down the road?

For the module? For the planning module? No.

That's what I thought. Okay. That's all I got. Would someone like to make a motion on this?

I'll make a motion that the Board of Supervisors authorizes the chairperson to sign Section K of Component 1 of the Sewage Facilities Planning Module for a preliminary final subdivision plan for 11115 Dartmouth Road, Platte 1421.

Thank you, Mr. Corrado. Is there a second? Second. Thank you, Mr. Belushi. All those in favor?

Aye.

Opposed? Hearing none, the motion carries. Next order of business. This should be interesting. Public Works, Mr. Kinzel. We have a public work order reporting, quarterly two. Please, the stage is yours. Would you like to step up to the podium?

I'm good here. A little background information. Public Works Department utilizes a work order system to document, prioritize, and track service requests, maintenance activities, and infrastructure-related tasks across the township. QUARTERLY REPORTING PROVIDES THE BOARD OF SUPERVISORS WITH A SUMMARY OF WORKLOAD TRENDS, OPERATIONAL DEMANDS, AND THE DEPARTMENT'S RESPONSIVENESS DURING THE REPORTING PERIOD. THE ATTACHED Q2 2026 PUBLIC WORKS WORK ORDER EXECUTIVE SUMMARY OUTLINES MAJOR CATEGORIES OF WORK AREAS OF HIGH.

ARE THERE ANY QUESTIONS FROM HERE? YEAH. I'M JUST CURIOUS. COULD YOU GIVE US SOME EXAMPLES OF NOT SPECIFIED WHAT KIND OF ACTIVITIES THOSE ARE?

Not specified activities are what's put into our analytic system that aren't given a title. So if we do not go back and edit those, it comes up not specified.

Okay, I was curious what kind of activities would be not falling on your normal categories. If you use an example to put

um anything from a street sign down to need to repaint a crosswalk it's just an item that's put into the system that's not specified to what it's for i'm going to guess an oddball one also you know when temporary legal signs are out we generally pull them and bring them back to the office there was one sign that was so high up in the poll that i put in a work order with public works to get a ladder and get it down That's probably another item.

Yes, absolutely. Any other questions? No? Thank you, Mr. Council. Okay, moving on to the next agenda item. The authorization to conduct the 78th Annual Hershey Halloween Parade. Ms. Walker, all yours.

Thank you, Mr. Chairman. Background information on this topic. The Board of Supervisors traditionally approves this annual event due to the various roadway closures. This year's event, the same as the recent past events, will stage at the Derry Township Community Center, which is 605 Cocoa Avenue. The parade will proceed onto Cocoa Avenue, make a left onto Elm, right onto Ridge, and continue onto Chocolate Avenue, then continue to Chocolate, making your right onto Chocolate. Then another right back onto Cocoa to finish at the Derry Township Community Center. This route has worked very well in the past, as I mentioned, and provides both neighborhood and downtown exposure for the very popular community event. In regards to financial impact, the primary expense is police route coverage, parks and recreation staff time for approximately four hours, and the registration process leading up to the event. Expenses are drastically reduced because of the volunteers, the Hershey Federal Credit Union prize money sponsorship, and the Hershey Company chocolate donation. The Parks and Recreation Department would recommend approval for this annual event.

Thank you, Ms. Walker. Any questions from this Board? No, I actually have one question. You mentioned candy, have you made the official request? That's the most important thing.

We have not made the official request yet to the credit union or the Hershey company, but upon approval, we will reach out to those organizations. And I would hope that they would be, you know, hopefully they're able to continue the tradition and support the event.

So as soon as I hit the gavel, you're going to be notifying them.

I'll hit the send button.

Okay. Thank you. Okay. Seeing as there's no more questions, would somebody like to make a motion?

I move that we authorize the Township to conduct the 78th Annual Hershey Halloween Parade on Tuesday, October 20th at 7 p.m.

Thank you. Ms. Ballard, is there a second?

Second.

Thank you, Mr. Corrado. All those in favor?

Aye.

Opposed? Hearing none, motion carries. Get on the phone. Okay, our next order of business. Temporary access easement for South Hanover Township through Dairy Township Public Works Facility. That would be Chuck.

All right.

So South Hanover Township has a pump station in this area that they are rerunning the line actually from here what they need to do is come around and not here to actually Thank you, Mr. Emmer. Are there any questions from this board?

I HAVE A COUPLE QUICK QUESTIONS. DO WE KNOW APPROXIMATELY WHEN THE WORK WOULD BE PERFORMED AND HOW LONG IT WOULD TAKE TO DO IT?

Is that it? Anybody else? Rob? I just have to recuse myself as I'm employed by the designer of this plan. Did you fill out the form? I will be filling out the form.

Okay, you do so. All right. I actually do have one question. Is this going to interfere with any of the workings of the municipal plan? Of the municipal facility? Is this going to? No interference? Okay. Okay.

All right, thank you. Okay, I will move. I have two comments, actually. One, normally in this situation, my recommendation is we don't sign until we have a signed copy from the other side. So if we do want to take a vote tonight, I would ask that the motion be changed, that the authorization to execute this upon receipt of an executed copy from South Hanover Township And then secondly, I believe on page three in the indemnification section, there is a typo. It references a declarant. There is no declarant in this agreement. So I think we just need to correct that typo before it's signed by either party. And since this was originally prepared by South Hanover, maybe we should reach out to them and just say, hey, can you please fix that?

So seeing as there's no further questions, I would like to move that we authorize the township manager to sign the temporary easement for access relating to sanitary sewer facilities once we receive the executed copy from Seattle-Hannover Township with the typo corrected.

Thank you, Ms. Ballard. Is there a second? Second. All those in favor?

Aye.

Opposed? Hearing none, the motion carries. Okay, our next agenda item. Consideration of authorizing a text amendment to the zoning ordinance related to medical marijuana dispensary and medical marijuana grower processor uses in the township. Mr. Emmerich.

Thank you. November of 2024, the Board of Supervisors listened to a request from Charles Beckley, who's here this evening, on behalf of Terra Pharma to amend the township's ordinance. No action was taken at that time. By way of their letter dated June 25th, 2026, attorney Beckley has again requested that the township zoning ordinance be amended to allow medical marijuana dispensary use in the general commercial zoning district and has provided a draft ordinance. As it turns out, in 2024, we did start to develop a draft ordinance for internal purposes. it's much more robust than the draft provided by attorney beckley mainly because his focus was the dispensaries in the commercial district whereas the draft that you have before you this evening allows for dispensaries and also the medical marijuana grower processor uses in other districts than they are today today both uses are only permitted in the limited compatibility zoning district And that's because when the original zoning ordinance was written in 2017, the laws were just coming into effect and we didn't know what everything was going to look like. The township draft ordinance proposes expansion, as proposed, expands the zoning districts in which the medical marijuana dispensary and the grower processor uses may be conducted. More specifically, the medical marijuana dispensary use would continue to be permitted in the limited compatibility zoning district. but then would also be permitted in the general commercial zoning district and the medical campus central zoning district, which is really the med center area. The medical marijuana grower processor use would continue to be permitted as a conditional use in the limited compatibility, and it would also be added to the industrial zoning district, which we feel is the correct zoning district. Medical marijuana is typically prohibited grown inside of a building. You might think agriculture, we think industrial because it's inside the building. The draft ordinance incorporates numerous safeguards intended to protect adjacent properties and minimize operational impacts, as I've highlighted in my staff comments. The draft ordinance intentionally avoids regulations, trying to regulate matters already comprehensively regulated by the state. No motion is necessary tonight. Again, Attorney Beckley's here and so are representatives from Terra Farma if the board does have any questions. Although if the board chooses to authorize us to move forward with the proposed zoning ordinance amendments, then we would work with legal counsel to get that in order to take to the planning commission and back to the board. So it's at your pleasure, at your discretion, but no actions necessary.

Thank you, Mr. Emmerich.

Are there any questions from this board? I have one question. This would just be specifically for medical marijuana. If recreational cannabis got approved, that would be a whole other can of worms, correct?

Then we'd have to hustle. When we did our draft, at one point we had recreational marijuana defined, and we were going to simply say that it's permitted in the same manner as medical, just to cover it. I've since chosen not to do that, waiting to see what may happen with the laws and if it should be handled differently.

And right now, the township currently allows both of these uses in the LC?

Yep, limited compatibility.

Limited compatibility. And so this merely would just be expanding these uses to additional zoning districts. That's correct. And right now with the board, I believe based on your proposed motions, the board is just really authorizing the staff and the consultants to kind of explore this. They're not saying, you know, it's the first step of the process, not the last step.

Right. Chuck, can you give us a little bit of an illustration of the process?

the districts where if this ultimately came to fruition where they would be like you know just for point of reference we have the zoning map on google earth sorry so uh let's start with limited compatibility that is this zoning district in the northern part of the township okay That's also where we allow prisons and piggeries, just for reference sake. The general commercial zoning district is the area where the old Kmart is. It actually includes Sipe Town or Sipe Village. It includes the old Park Village Plaza and then the restaurants over on the other side. You get the general idea.

Right.

General commercial also includes the outlet center and trucks. Then the medical campus central. As I said is.

This this color.

And it's pretty much the.

the Med Center.

And then finally, our industrial zoning district is the purple. So that is where the Reese plant, where the new plant, where the West plant is, where the new U-Haul was just constructed, where Tindale Car Wash is on Old West Chocolate. And we have a little bit of industrial over at this end of the township which this is edc3 the uh hershey company warehouse and is the general mill site and the palmar north londonderry lebanon county line sure i actually have a couple more questions i actually have some recommendations

I noticed in part C, I'd like to see added a couple more specific places such as for setback separations, parks and places of worship. I'm waiting for you to write this down. That's why I'm not saying anything.

Thank you. That's very kind of you.

I don't want to rush you. So you're referring to the, I thought you said section C. Section C. It says blah, blah, blah, blah, setbacks for the fact, yeah. should not be a thousand feet of property line of a public, private, parochial school or daycare center.

He's looking at the applicants suggested, not ours.

So it's actually section D in the township draft. And it's section D both for dispensary and it's section D for grower processor.

Okay.

Yeah. My comment still stands. Parks and places of worship. That'd be public parks. Public parks. Yes. Yes. Let's see. Part L there. What is that? Must be F. Well, I was looking for appropriate, there was a mention of, quote, appropriate security measures. I'd like us to be able to spell out what kind of security measures, or at least define what appropriate is.

So that's one of the items that are regulated by the state, and we chose not to put in our draft ordinance.

Yeah, that's something that we can't regulate because the state specifically states how security is supposed to be handled. Okay.

But we could make it more strict, couldn't we?

No, I believe in this case we're preempted by the state law.

And I think the last, let me go back to here. I can match it up a little better. It mentions not having outdoor seating or vending machines. I thought maybe skill machines or gambling machines, would they be included in that prohibition?

I believe somewhere in here that we say that the only activity happening is the dispensary, and they can't have other items for sale.

And that's what I'm looking for.

And quite honestly, we don't know where skill games are going either.

Well, that's true. I thought I'd throw it down there just in case.

I don't readily see it, Rick, but I thought that there was something in here that. Thank you. Appreciate that.

Okay. All right. That's good. And then my last one, my last one here is odor prevention. And I noticed that is in here somewhere. I was just flipping through here. I ran across it.

I think.

Okay. Cause I, I actually do know how strong this odor is, not just, but growing it also. ALL RIGHTY, THAT'S ALL THE QUESTIONS I HAVE AND CONCERNS AND SUGGESTIONS.

I HAVE A QUICK FOLLOW-UP BASED ON RICK'S QUESTIONS. THERE'S A BIG DISTINCTION BETWEEN A DISPENSARY AND WHERE IT'S BEING CULTIVATED. GROWER. And it looks like this, and again, I realize there's nothing that we have to vote on at this point, but I'm a little bit familiar with Terra Farms. They do a little bit of research here as well. They have a dispensary. I don't know how many they have in the state right now. I think there's one in Lancaster. Are they all dispensaries that they have, or do they have a growing facility, whatever the heck they call that as well?

Charlie, can you come up and talk in the microphone?

who's the president of Terra Farma.

And the licenses are separate.

So to answer your question directly, Terra Farma has four dispensaries. It has a grower processor facility in the Pittsburgh area. The dispensaries and the grower processor facilities by state law cannot be co-located, so to speak. Okay.

Is that it? Okay, seeing as there's no other questions, would we like to entertain that we move forward with looking at constructing this?

Yeah, I'll make the motion that the Board chooses to direct staff to draft an amendment to the zoning ordinance that meets medical marijuana dispensary slash medical marijuana grower uses and reviewed by legal counsel. And then after provided copies to the County, the Township Planning Commissions in advance of scheduling any advertisement period for public hearings before the Board of Supervisors.

Thank you, Mr. Myers. Do we have a second for that? Second. Thank you, Mr. Corrado. All those in favor of doing this?

Aye.

Opposed? Hearing none, the motion carries. We are authorizing you to move forward with this.

Thank you.

Okay, next order of business. Consideration of a third time extension for conditional approval of the preliminary final land development plan for Swim Hershey, Crystal Lake Drive, Platte 1392. Mr. Emmerich.

I think everybody's fairly familiar with this site. It's about 44.22 acres of land along Sand Beach Road, Kiefer Road, accessed by Crystal A Drive. It's in the planned campus north zoning district. The proposal is to construct a 34,565 square foot structure to contain a 50 meter pool. The board initially approved this plan January 28th of 2025. CONDITIONED ON SEVERAL ITEMS BEING ADDRESSED. THE BOARD GRANTED THE MOST RECENT EXTENSION ON JANUARY 5TH, 2026, SUBJECT TO THE OUTSTANDING ITEMS AGAIN BEING ADDRESSED NO LATER THAN JULY 31ST. THE APPLICANT BY WAY OF THEIR CONSULTANT HAS REQUESTED AN EXTENSION OF TIME UNTIL JANUARY 31ST OF 2027, SIX ADDITIONAL MONTHS. Now, interestingly, this project and the separate plan that subdivides the property have been running in tandem. While I do have a request for a six-month extension on the land development plan, I have no such request on the subdivision plan, which will become null and void on July 31st. without the support of the subdivision plan creating the lot for the land development plan um i i can't see much reason to actually act on this extension and this was all unraveling over the last week or so and the applicant is here and they may want to say some words I think what they're feeling is more important is one of the conditions that this is two pronged request. The other prong is they're asking for a modification of one of the conditions of approval. Which again, July 31st is coming mighty quickly. But just so this Board is aware, because I realize many people weren't seated on the Board when this came through, there was a concern for the access drives, emergency access drives, serving as an alternate means to provide emergency access to a center that would have swimmers and children and things of that sort. And that's being done through some easements. And when one of the conditions of approval was that the easements be so written that the township actually had a say in whether or not the easements were ever canceled, ever discontinued. We addressed this in two ways on the plan. One was the condition that was actually added by Pat Armstrong at the meeting. The other is there is a note on the plan that reads that the certificate of occupancy for this use can be withdrawn if the emergency access to the site is discontinued in the future. So everybody's on notice that without full and comfortable emergency access that we don't want things happening at the center. so that's noted on the on the plan so um like i said this is two-prong request one is a six-month extension which again without the subdivision plan itself being extended although i say i support that in my staff comments it doesn't seem like it's necessary However, the township, this present board may want to discuss the merits of the township being party to the agreement and what that might look like. The applicant is going to continue to try and push this project forward. And at that point, maybe it's more appropriate if the applicant has anything to add to what I've said to come up and add it. As I said, things have been unraveling over the weekend even.

Good evening. Mark Hackenberg, I'm principal with RGS Associates. We've been dancing this dance for a few years now. With me this evening, Eric Hume from Saxon Stumpf, attorney to Swim Hershey and Ray Brace representing the organization, nonprofit organization of Swim Hershey. As Chuck mentioned, you know, we're here before you this evening for a request that we thought was going to be accompanied by a six month extension for the subdivision as well. We have as well over the weekend and even as of as late as today, been trying to get definitive communications with the Hershey Company on on alternate disposition plan. If they're not willing to take the land development or the subdivision plan forward, we've offered to assume that responsibility. One thing that I think is important to consider here is that the engineer who was leading those efforts for The Hershey Company has since retired, is no longer. The plans were prepared by Evans Engineering. Ali is no longer actively engaged in the project, and it seems like individuals who we've dealt with in the past have either retired or moved from from a decision making capacity. So we're you know, there's three years of effort here and hundreds of thousands of dollars raised by donors who committed to this project. the organization is committed to moving, continuing to move things forward. And what I can tell you has occurred since we were last in front of you in January of this past year, weathered the storms of the winter and eventually got survey work underway uh we are in the process of filing penn dot highway occupancy permits applications which will win the end of this month um our feeling is that to pull the rug out of this out from under this project right now leaves this organization in a severe disadvantage for something they've been committed to and working tirelessly to both raise funds for and to navigate the process i'll let eric address the issues related to the agreement but for the last 18 months one of the most significant issues has been the three-party agreement that relates to the township's insertion into that that agreement and becoming signatory to that document over private roadways and private access The Hershey Company controls a portion of the real estate. Penn State Health controls the remaining portion of the real estate. For the second point of emergency access, there is already one emergency point of access that comes out on the same beach road. This is a portion that affords a second point of access to the property. We feel like the, we'll let Eric address the challenge. He's had the conversations with legal counsel, but what I would say is that if we're at an impasse or not feeling comfortable tonight, I would like to request that the board consider uh delaying any action on this request and perhaps taking it up the last day possible uh and give us some time to continue to try to navigate the challenges we've only learned about last friday So that's sort of the state of affairs as it relates to the overall project. I won't go into all the details unless you have specific questions. There's been a lot that we've navigated to get to this point, traffic being one of them, safety and access for pedestrians, getting down to the intersection down at HERSHEY PARK DRIVE AND WE'VE WORKED CLOSELY WITH THE TOWNSHIP STAFF ON CRAFTING SOME VERY DETAILED SOLUTIONS TO FINANCIAL COMMITMENTS TO SIDEWALKS THAT WE'VE ASKED RELIEF FOR REALLY HAVE DONE ALL THAT'S BEEN ASKED THROUGH THIS PROJECT AND THROUGH THIS PROCESS AND WE REALIZE THERE'S THERE'S BEEN SOME LAG AS IT RELATES TO FUNDING AND FUNDRAISING BUT THERE'S A GROUP OF INDIVIDUALS WHO ARE ABSOLUTELY COMMITTED TO to seeing this project through particularly related to the extent of wanting to be in the hershey market and the economic impacts that the project overall a successful project like this can have in the community so with that i'll let eric address the request for modification of condition

Thank you, Mark. Again, my name is Eric Hume. I'm with the law firm of Saxton and Stomp, and we represent Swim Hershey. And so, as Mark indicated, we've been spending the last 18 months working with the two primary stakeholders in this access drive, and that is Hershey Company and Penn State Health. You know, the one thing everyone agrees on is that the township should certainly have notice if anybody wants to amend these agreements, these easement agreements. We also agree that if we lose emergency access, we certainly should not be operating. And that's why we are... or we're fine with the note on the plan that said that if we lose our emergency access we should be losing our certificate of occupancy and we are certainly fine with that the issue that we have had is that both landowners are reluctant to agree actually it's not even reluctant they've just flat out said they will not agree to um having a private road requiring township approval for any amendment of these agreements. Their view is they're fine with notice. And then at that point, if the township feels that appropriate, we can't come up with a new emergency access that then at that point we should be shut down, but they don't feel that they should have to approach the township and receive approval before or any amendment for any of these documents. So that's where we've been working on. I've had several discussions with Mr. Armstrong over the last 18 months, and we've been trying to find a solution. Unfortunately, this is one where the landowners, they want to accommodate the project, they want to help us, but where they draw the line is to control over their property since they want to leave the easement agreements as between the parties.

Are there any questions from this Board?

I have a couple questions.

So just so I understand, Chuck, this may be directed at you. There is a, was the Hershey Corp that had an application pending as well?

For subdivision, right? Okay.

And is that what is now, there's an expiration of that application by the Hershey Corp if they don't take some other action by July 25th?

Is that correct? By July 31st.

By July 31st.

The plan becomes null and void.

Okay. And so then my question is, if that becomes null and void and you no longer have their anticipated cooperation for this emergency access, I think you alluded to the fact that you shouldn't be operating. What does that do at that point to the future of this project? If this expires, if Hershey Corp's application expires, they take no further action by July 31st. I'm just trying to figure out, we were here talking about this six months ago. Now we're talking about it again today and I get it. It sounds like last week there was kind of, but I guess my question is, what does that do to the future of this project without Hershey Corp's cooperation with an access or second access?

Well, there's two points here. I guess the first is in terms of Hershey's cooperation, there is a lease agreement between Swim Hershey and Hershey. They're not terminating that agreement. The issue is just in regards to this plan. Obviously, that's something we're going to have to work through if their plan dies. However, they have not indicated that they don't want us using the road. Their point on the access drive is merely that they don't want to have to, they don't feel that they should have to require township approval for any adjustment to those agreements. They believe that it's a private road, these are private parties, and therefore it should be a private agreement. But in terms of they have not indicated that they're withdrawing support for our project, nor have they indicated that they don't want the easement at all. It's just that, you know, as Mark alluded to, we're working with them on this plan issue and hoping to either convince them to renew the plan just so that these conditions can be addressed or that they'll allow Swim Hershey to step in as the applicant and complete that plan.

And if I heard correctly, we do have a meeting July 24th. And what? Two weeks. Yeah. July 24th. 28th. Sorry. 28th. And so it would be possible. to defer this till that meeting.

You don't really have to take action. What the MPC says that, Peter, pay attention. What the MPC says is that if conditions can't be met in a timely manner, the applicant is to ask for an extension and it should not be unreasonably withheld by the board. I don't know that we're in that case here because of the dual plans, because of the subdivision. We know that without an extension, it's going to expire on the 31st. So there's no real reason to take action on the land development plan. because it's going to, by the way, the land development plan also has the same July 31st clock. So yes, you don't need to take any action tonight, I guess is the easy answer to your question.

But Chuck, would we, if we wait until the meeting after the 28th, would you want it? That'd be too late. Understood, but at least we would know whether any action was taken.

No, what happens by the letter of conditional approval is the plan becomes null and void on July 31st. No action needs taken.

Understood, understood. But they could theoretically do something between now and by the 31st, correct?

They could, yes.

And that might change... their position, correct?

Correct. Substantially.

Yeah. I guess my, you know, I'd be more comfortable waiting until we see whether any action is taken on the other application. I'm fine with that.

I will make the board aware that I am not here on the 28th, but Leslie will be, I'll make Leslie aware of what's going on with this project.

I mean, I don't know how everyone else feels, but I mean, it's my level of comfort is. Yeah. I'd like to see what happens with that.

I feel the same way.

So re-tabling this.

I guess tabling is probably the appropriate table.

Yeah. Table to the 28th. I was going to say, looks like we're tabling this. Any action on this tonight?

I will speak on behalf of the applicant and tell you their biggest question is the agreement for the, okay. Just want to make sure everybody.

That I understand. I've heard that several times already. I understand that. So. Thank you. Yeah, we don't have to take a motion for tabling, do we?

You can. Okay.

I'll make a motion that we're going to table this. Any action on this for tonight?

I second.

Thank you, Ms. Ballard. Is there, okay, all those in favor? Aye. Our final agenda item for the night is modification of conditions of conditional approval for the preliminary fine land development plan for Hershey Elementary School, Platte 1414. Chuck.

One second.

Take your time.

tee up some plans here. Okay. For the elementary school plan, the board at their March 10th, 2026 meeting conditionally approved the plat 1414. In the conditional approval letter, general condition number 17 required that the applicant shall provide a connection from their trail that presently terminates about where my mouse is, next to coming out to the driveway to the antique barn prior to receiving a certificate of occupancy for the project. Condition number seven under the waivers read that we gave a waiver for sidewalk along Governor Road. So that was actually a waiver of sidewalk from Homestead Road to Cocoa Avenue. based on the school using their existing trail that kind of provides that same access, but connecting it to Cocoa Avenue. Since that time, And it seemed like the right plan, simple. If you look here on Google Earth really closely, and if you weren't in the shadow, you'd see there's a beaten path to go there. However, the Hershey Trust Company was not agreeable to providing the easement through their property. So the school district is looking for an amendment to this condition of approval so that they can record their plan, so that they can authorize their contractor to get moving. So this was the original easement that was drawn up to bring the trail over to the driveway and out to Cocoa. um i took a rough look at what it would take to take that trail forward and it includes extending a 12-foot wide culvert uh within a flood plain bring in another pipe and then a structure to bring the three pipes together it would be incredibly expensive and a mess the school district uh is saying hey can we tie to the library which I think also serves the purpose of the connection from the corner of Homestead to Cocoa Avenue. So I'm not looking for approval from the township this evening to make the connection into township property, into the library. I'm just making you aware of the thought processes in asking that that condition of approval be amended As noted in my staff comments, the first one is that the applicant shall provide a connection between the existing paved path near the Hershey Public Library and Cocoa Avenue prior to the issuance of the certificate of occupancy. So that's when they have to do this. I think they're building for two years. So before they're asking us for the final thing where they can occupy it, that sidewalk needs to be in. um also asked also suggesting that condition seven under the waivers be revised to read that the waiver is being granted condition on the connection of the existing trail near near the hershey public library to coco avenue and condition on the sidewalk being extended to the pedestrian crossing at the intersection of homestead road and governor road So leaving it open with options. Again, they couldn't record this plan with the conditions as presently written because the Hershey Trust Company is not granting the easement. So this is just a method to keep making eye contact with you, but you're recusing yourself, aren't you? So this is just a method to, to get them building in the timeframe that they need to build. I have no problem with it. As a matter of fact, we've even, Zach and I have talked about the connection to the library and I don't know that we're We feel one way or the other about that either. There'd be at least connecting where I believe there's an existing pedestrian walkway or there certainly could be one because the sidewalk crosses, comes into there from the library anyway. In their request letter, they offered to pay a fee in lieu of the sidewalk connection. I'd suggested to them that the township probably would not agree to wave sidewalks around a school and that that fee in lieu of would actually be for sidewalk from Homestead Road to Cocoa Avenue. I think it's fair to say they've withdrawn that request.

Okay.

just in case you read their letter and saw that in there as well.

So with that, I'm looking for a motion that would allow them to record their plan.

Obviously they're here this evening if you have any. Are there any questions from the board? I actually do have one question. It's really short. Did the trust give any reason for denying,

The request. So first of all, I'm Melissa Kelly with Ritu Associates and here this evening with Dr. Stacey Winslow, superintendent from Derry Township School District. And they, originally we had discussions and they were favorable to the idea because it did seem to make perfect sense. And I think some people changed within the trust. And when we reached out to get agreements in place, we were told that the person we were in contact with was no longer there. Someone else was in place. And I think it was, they were concerned from a liability standpoint and they didn't, they felt it was a burden on their property. So, you know, here, here we are trying to get to the finish line. We really want to get the plans recorded and get under construction because there are some milestones that need to be met before school starts back in August.

I agree. Thank you. Common sense seems to be a rarity, doesn't it? All right. I don't have any other questions. Anybody on the board?

Yeah. As Chuck mentioned, I'm going to have to recuse myself as I am an employee. Why are you even on this board?

Okay. There's one recusal. Okay. So we have four that are voting on this. Would somebody like to make a motion?

yeah i'll move that the board of supervisors hereby amends the march 24th 2026 conditional approval letter for the preliminary final land development plan for hershey elementary school flat 1414 as follows um the uh revised A plan would read that the applicant shall provide a connection between the existing paved path near the Hershey Public Library and Cocoa Avenue prior to the issuance of a certificate of occupancy for the proposed building.

Thank you, Mr. Bocci. Is there a second?

Second.

Thank you, Mr. Corrado. All those in favor?

Aye.

Aye.

There's two parts that we have.

Right.

Okay.

We're going to get to that. Okay. That motion carries. Would somebody like to make a second motion?

Aye.

OKAY, I WOULD MAKE A MOTION THAT THE BOARD OF SUPERVISOR AMENDS THE MARCH 24TH CONDITIONAL APPROVAL LETTER FOR THE PRELIMINARY FINAL LAND DEVELOPMENT PLAN FOR THE HERSHEY ELEMENTARY SCHOOL PLAT 1414 IN REGARDS TO CONDITION 7 UNDER WAIVERS, THE SECTION WOULD BE AMENDED TO READ WAIVER FROM SECTION 18534 regarding sidewalk installation on Governor Road conditioned on a connection of the existing trail near the Hershey Public Library to Cocoa Avenue and conditional on sidewalk being extended to the pedestrian crossing at the intersection of Homestead Road and Governor Road, all in a manner and form acceptable to the township.

Thank you, Ms. Ballard. Is there a second for that? Second. Thank you, Mr. Belushi. All those in favor? Aye. Opposed? Hearing none, that motion carries. Congratulations. Okay, that closes our agenda for the evening, which moves us on to our board and department head reports. I'm going to start with my left here. I hope you're prepared, Mr. Belushi.

I have nothing to report. I'm very prepared.

After three weeks on vacation, you have nothing to report. Oh, my goodness. Okay. Mr. Corrado.

Same. Nothing to report.

My goodness. Ms. Ballard.

I have nothing to report.

Mr. Byers.

I have nothing to record. I just do want to give a tip of the hat to our public works or fire department and the police for their handling of the heavy rain incidents we've had in the last couple of weeks. So I appreciate that and helped me get home. So thank you for that effort.

Right. And I have no department reports other than echoing what Mr. Myers says. I also received a DM this morning From a Matt Weber, and Chief, this will be for you to listen to for one of your guys. I'm going to read this verbatim. As a longtime resident of the community, it has been and continues to be apparent that you and your team are highly dedicated to serving and protecting the public with passion, professionalism, and kindness. While what we observed today was not an anomaly in the context of our world-class police department's ongoing commitment to excellent community service, it serves as a contemporaneous example of how your team takes immense pride in their job and the community. At approximately 16, 15 hours today, I assume that was yesterday, we observed, or was it last week, we observed Officer Torres dressed in his full uniform, shoveling out a clogged catch basin on Bullfrog Valley Road and Stony Run Road. Taking time to clear a clogged catch basin may appear trivial in the surface. We recognize it is practices like these that help keep roadways from becoming impassable. We can only imagine how uncomfortable Officer Torres was shoveling debris in uniform with the current heat and humidity levels. We hope you will recognize Officer Torres for his strong work ethic and commitment to serving our community. Thank you, Matthew and Sherry Weber. So we'd be happy if you could pass it on to him, please. And that's all I got, and you're up to bat now.

Thank you, Mr. Chairman. Kind of along those lines, you know, we get compliments like that every once in a while. It's always good to hear those. We get compliments from the board, other staff members of how the department's doing. We're just beyond the halfway point of the year. And I just put together some numbers to kind of reflect the kind of commitment our department has to serving this community. So from January until June, we investigated 240 part one crimes. Those are crimes like robbery, assault, burglaries. Investigated 496 part two crimes, which are things like fraud, drugs, disorderly conduct, DUIs. Those resulted in 429 arrests. and 65 DUI arrests for the first half of the year. We also conducted 4,061 traffic stops. and 536 foot patrols. So the officers get out of their cars, go into the community and just talk with the public and get some visibility out on foot. Overall, we were dispatched to 15,170 calls for service the first half of the year. And we are continually the third busiest department in Dauphin County. Harrisburg is first, Lower Paxton second, and we are third. So it's a great amount of work for our officers. They take great pride in it. Even the little things that you wouldn't normally associate with police, cleaning out storm drains, things like that. They are definitely committed to their profession. And I'm very, very honored to be able to work for them. Yeah.

And we're proud that we're able to have them in our staff. Thanks, Chief. Allison.

Thank you. The library is engaged in summer reading right now. It's been really fantastic so far. But on Friday, July 24th, we have Stuffy Sleepover. So kids can drop off their stuffed animals from 2 to 4.30 p.m. And then they spend the night at the library. We take some pictures of what they get up to. And then they come back on July 25th to pick them up. And it's all thanks to our teen volunteers that make this happen. But it's a lot of fun.

That's way too cute.

It's adorable.

Ms. Walker, Parks and Rec.

Thank you, Mr. Chairman. I'd just like to give a public update regarding the Boathouse Park construction project. This is a PA American Water project. It's a capital project they had planned for the Hershey District due to the critical aging infrastructure. The project is nearing completion. There were some geographical challenges they encountered throughout the process. And on behalf of the township, we will update via social media and e-news outlets once the project's complete and the park is able to reopen. And then in regards to some updates regarding parks and recreation at the community center, we have a swim meet coming up this weekend. We're hosting the divisional swim meet on Saturday, July 18th. We will have parking available for members and patrons at the community center and spectators are directed to park at the ECC. And thank you for the school district for approving our parking requests throughout the year. It's really helpful with the flow of traffic throughout the events. Also, another update we had to postpone our drive-in movie at Schenck Park a couple of Fridays ago. That will be taking place Friday, July 24th at around 8 p.m. showing the movie Zootopia 2.

Okay. Thanks, Amy. Dave Sassman.

Good evening. Thank you, Mr. Chairman. Just a couple of quick notes. There were 92 alerts for the month of June. It's been a busy month so far with the rain that we had. I believe there was over 60 calls of service just within that 24 hour period. It was very busy. I'm sure July's numbers will be quite impressive on that side. Also two significant responses to Lebanon County over the last two weeks for two structure fires. One was a residential fire and the other was the commercial fire. So the commercial fire alone, our staff spent over four hours at that call. And the other one was a little quicker in terms of timeline or commitment. But, you know, very proud of our guys and they're handling the calls and doing the work that needs to get done. So thank you for your support. I appreciate everybody on the Board for that.

We are here to serve. Mr. Kinzel, what do you got for me for Public Works?

Just a little update. The light at the end of the tunnel was coming. With the storm debris and cleanup, we're almost there. I would say hopefully by Friday or early beginning of next week, we should be accomplished with that. And due to the excessive heat this week, we adjusted our operational hours from 6 a.m. to 2. Kind of hard to do asphalt or anything when it's over 100 degrees. So that's all I have. Thank you.

Thank you very much. Eric, go ahead and say the words. You got it. No report tonight. You haven't disappointed me yet. Mr. Emmerich.

Nothing more this evening. Thank you.

Thank you very much. We haven't had a hearing in so long. I'm chomping at the bit. Anyway. Zach, what do you got for us?

I would just like to report that at the direction of the board, I have sent a letter to Hershey Entertainment Resorts and the Derry Township School District to negotiate the Tri-Party Amusement Tax Agreement. So right now, we are currently waiting on dates to be circulated for that. But we're looking forward to having a meeting here in the near future to discuss that.

Thank you very much, Zach. That closes our department reports and head reports. Our final... Public comment session is open. If you'd like to get up and say a few words, feel free. Podium is yours. I guess nobody wants to say anything. So I guess that is the end of the public speaking comment. Would somebody like to make a motion?

I move we adjourn.

Is there a second?

Second.

All those in favor?

Aye.

Meeting's adjourned. Have a nice evening, folks.

you know,