Pennsylvania dismisses Middletown ethics complaint
MIDDLETOWN » The Pennsylvania Ethics Commission reviewed last week’s filing by a township resident and dismissed the case on an issue surrounding the Sunoco Pipeline Mariner East 2 project, council President Mark Kirchgasser announced at Monday night’s meeting.
William Evans submitted the complaint against attorney Jim Flandreau, who served as special counsel to the township, due to his concern about the sale of easements across municipally owned open space. He based the complaint on several perceived issues such as the lack of a written contract or rate of compensation and the preserved open space status of the properties.
“The commission didn’t give my complaint any thought,” said Evans in response to its action.
Council voted unanimously in September 2016 to approve easements on four township-owned parcels and perpetual rights-ofway on three township-owned roads. The easements are part of the 350-mile pipeline system spanning Pennsylvania, West Virginia and Ohio to transport natural gas liquids such as propane, ethane and butane to the Marcus Hook Industrial Complex. The township was paid $1.8 million, $100,000 of which has been earmarked for a quantitative risk assessment and specific emergency response plans.
Flandreau noted “the accuracy of the advice I have provided to the township continues to be validated by the Commonwealth Court, as most recently seen in a decision issued Tuesday affirming Sunoco’s power of eminent domain.” The case involved the appeal of a Delaware County Common Pleas Court decision by the Andover homeowners’ association in Thornbury.
“As I stated previously, I have represented Middletown Township ethically and loyally at all times in connection with the Mariner pipeline project,” he added. “I intend to continue to do so until the representation concludes.”
Kirchgasser noted Flandreau “has provided invaluable counsel to Middletown Township with a high level of integrity on a very difficult matter.”
“Township Council is pleased to see that these frivolous accusations have been dismissed by the ethics board,” he added.