Will a moratorium hold up?

New Clinton solicitor casts doubt; receives ‘hostile welcome’ from residents

By AVERY OHLIGER
Posted 6/3/26

CLINTON TOWNSHIP, PA — On May 29, the Clinton Township Board of Supervisors voted to replace Solicitor Jeffery Treat with attorney Ronald Bugaj as interim solicitor while the township seeks a …

This item is available in full to subscribers.

Please log in to continue

Log in

Will a moratorium hold up?

New Clinton solicitor casts doubt; receives ‘hostile welcome’ from residents

Posted

CLINTON TOWNSHIP, PA — On May 29, the Clinton Township Board of Supervisors voted to replace Solicitor Jeffery Treat with attorney Ronald Bugaj as interim solicitor while the township seeks a full-time replacement. Of the more than 100 residents that attended, many voiced loud resistance to the transition.

Bugaj received attacks from residents on his ability to be impartial due to his “prior representation and involvement” with Linde Corporation as well as his personal friendship with Scott Linde, the applicant for the currently proposed data center project in Clinton Township. 

To address these relationships, Bugaj explained that he had prepared a joint waiver of conflict of interest, a document that would allow him to serve as the township solicitor on the data center project. According to Bugaj, the waiver prevents any information about his representation of the township from being shared with Scott Linde.

Concerns surrounding potential violations of the Pennsylvania Sunshine Act, which governs transparency in public meetings held by government agencies, were also raised by James Zefran, former Clinton Township supervisor. Zefran accused the supervisors of conducting the removal of Treat, until recently the Clinton Township supervisor,  and seeking the hiring of a new solicitor behind closed doors. These actions are not recorded in the township’s 2026 meeting minutes. 

In an interview with the River Reporter, Zefran said he had obtained an attorney and planned to send a letter to the Pennsylvania Attorney General’s Office calling for an investigation into the alleged violations. 

Clinton Township Supervisor Brian Non gave some context to the removal of Treat. According to Non, Treat provided legal representation for Scott Linde and did not disclose it to the board of supervisors before acting as solicitor on the data center project.

The River Reporter reached out for additional information from the supervisors; they declined to give additional comment. 

Members of the public attend a May 29 meeting of the Clinton Township Board of Supervisors.
Members of the public attend a May 29 meeting of the Clinton Township Board of Supervisors.
RR photo by Avery Ohliger

More on the moratorium

The room quieted when Bugaj gave the public stark warnings regarding the timeline of the data center project and the legality of the township’s actions presented for its regulation, including a six-month moratorium the township instituted on April 30. 

Following an executive session after a failed motion to adjourn the meeting, Bugaj addressed the moratorium. He said that, in his opinion, the measure is not legal under the Pennsylvania Municipalities Planning Code, which governs township planning at the state level. 

This means, according to Bugaj, that the township has 90 days from the application being received to make a decision before it is automatically approved. As the application was received on April 30, the township has until July 29. 

“Therefore, the more time you waste on other things and don’t address this issue, the more time you lose in addressing the big concern, which is this data center,” he said.

Some residents pushed back against Bugaj’s suggestion, with one stating that Bugaj was “sorely mistaken” in thinking he was “the only person who can provide [the public] with guidance.” The resident continued, “We can have a meeting. We do not need you in that chair,” drawing applause from the audience.

James Zefran expressed doubt about Bugaj’s opinion that the moratorium was illegal, stating that he had spoken to two land development attorneys located in Philadelphia who he said “believe that the moratorium is appropriate.” 

Chair Mark Lopatofsky stated that former solicitor Treat knew that “the moratorium would not work after he researched it.” 

“A moratorium will only work if you have zoning,” Lopatofsky said. “It’s only good for use for six months, and you can only use it once every three years.” Currently, Clinton Township does not have zoning, regulating its land development instead with Subdivision and Land Development Ordinances (SALDOs); according to Lopatofsky, the moratorium would not work under SALDO. 

James Zefran then engaged Bugaj regarding passing a zoning ordinance to regulate data centers. While Bugaj agreed that the township could pass an ordinance of this nature for future projects, he contended that an ordinance would not be effective against the current proposal, as it has already been filed with the township.

Pennsylvania State Rep. Jonathan Fritz also was in attendance at the meeting and delivered a statement. Fritz stated that he had received calls to his office from constituents asking him to oppose the construction of data centers. Fritz responded that land use and zoning, which occurs at the local level, is not “within my purview as your state representative,” and that he is “simply staying in [his] lane.” Audience members retorted by demanding that he “sign the state bill,” referring to his recent no-vote on House Bill 1834, which would regulate commercial data centers. Rather than vote to hire Bugaj as their permanent solicitor, the township adopted the suggestion of audience member Katie Zefran to hire Bugaj as an interim solicitor while the township advertises for and interviews other attorneys for the permanent position, as well as for an attorney to specifically advise the township regarding the data center project.

After being instated as solicitor, Bugaj recommended that the township residents “hire an expert lawyer” to represent their own interests, as the township supervisors, by law, “cannot appear to be adverse to a plan that’s submitted to them by a taxpayer.” 

When asked by residents about whether a zoning ordinance could be adopted in the next 30 days, Bugaj responded that it was not likely, explaining that zoning ordinances are typically drafted by land-use planners and that it would likely take some months to be created. “You want a zoning ordinance that’s well thought out and addresses the needs of the residents and constituents of the township,” he said. In regards to an amendment to the township’s SALDO, Bugaj estimated that one affecting future data centers could be created in six weeks to two months.

But regarding the current application, Bugaj stated that nothing “that the township would effectively try to pass right now will affect the current application provided that the application is in proper form and it is accepted as filed.”

Clinton Township, data center, moratorium

Comments

No comments on this item Please log in to comment by clicking here