Harmar supervisors spar over proposed Denny Estates road acquisition; wait 'till next year

The privately owned roads in Harmar’s Denny Estates will not be taken over by the township, at least for now.

The Harmar supervisors split 2-2 Thursday on a measure that would have instructed Solicitor Craig Alexander to prepare documents that would allow the township to take ownership of the subdivision’s streets.

The streets have been brought up to construction standards required by Second Class townships, as contemplated in 2017, according to Harmar documents.

“In 2017, when we did the subdivision, we met with the manager and the engineer, and, as is required, they said if we would bring it up to township standards that, in fact, the township would take it over as a matter of routine,” said board Chairman Bob Seibert.

Seibert lives in Denny Estates. He said the road is owned by Lincoln Warehouses Inc., in which he owns all the company stock.

He said $300,000 has been put into the road, and it’s “brand new.” The road is about a half-mile long.

People who live along the road pay the company rent, and the main objective of the township acquiring the road is to give the residents of Denny Estates the ability to sell their lots, Seibert said.

After a board discussion Thursday, the supervisors amended the plan to include having Alexander seek an opinion from the Pennsylvania Ethics Commission, “to confirm even further that it’s ethical,” Supervisor Harry Lenhart said. Lenhart and Supervisor Samuel Boak voted in favor. Supervisors Bob Exler and Lee Biermeyer were opposed. Seibert abstained because of his interest in the property, so the vote failed.

Exler took issue with the plan for the township to accept ownership — and maintenance — of Denny Estates’ streets because of Seibert’s connection to the development. Exler said to do so would be a scandal and wouldn’t look good for the board.

“If we take over those roads, we pay maintenance and repairs forever, and it costs us thousands of dollars over the years. And if we take them over, (Seibert) no longer pay(s) maintenance on them, and you’ll save thousands of dollars, and you’re on the board,” Exler said.

Seibert defended the proposed takeover. He said he would abstain from the vote, and added it was only a scandal if Exler wanted it to be. He also said there have been times the board took in private roads that were near Exler’s house.

Seibert noted after the meeting that people who live in Denny Estates already are paying taxes to the township.

“It’s not mine. … It benefits the people that live in Denny Estates,” Seibert said.

Alexander said it was “common practice” for townships to take over residential roads once they are up to required standards. He said the only benefit the township gets is liquid fuels tax money. According to PennDOT, the liquid fuels tax act authorizes municipalities to use funding for expenditures like road maintenance and repair.

An ethics commission opinion?

Biermeyer suggested getting a legal opinion from the Pennsylvania Ethics Commission. Seibert said he researched that issue.

“The ethics commission has been pretty clear in the past: It’s not a problem, but the person who is involved should abstain — and I certainly will abstain,” Seibert said.

Lenhart said there was nothing improper about the request and that it was properly vetted by Alexander and the township engineer.

He said the item was discussed for the betterment of Denny Estates’ residents, but also said “there’s the potential that this could generate controversy in the community, especially if people go out and agitate and try to stir up trouble.”

He originally suggested holding off on taking a vote. Alexander reminded the supervisors that the original motion was to authorize him to prepare the ordinance for a future vote. He also said the board could move forward with that first step while still directing him to seek an opinion from the ethics commission before the final vote.

“I’ve been down that road before, so I’m very confident they’re going to come back and say there’s nothing unethical about somebody who is involved in a development company having a road taken over when all proper steps are taken and that individual abstained,” Alexander said.

That didn’t sway Exler. He said it looked like Seibert was “pulling a fast one.”

After the meeting, Seibert said he was not upset by the vote. He said he had no intention of putting the topic back on the agenda until next year.

A new board of supervisors, which will include new members to be elected in November, will be in power in 2024. Exler’s term expires at the end of this year, and he is not seeking reelection.