Development Authority
8-16-2021 Meeting Minutes
MINUTES
DEVELOPMENT AUTHORITY LOWER ALLEN TOWNSHIP
REGULAR MEETING AUGUST 16, 2021
The following were in ATTENDANCE:
AUTHORITY MEMBERS TOWNSHIP PERSONNEL
Max Stoner, Chairman Erin Trone, Township Assistant Manager
John Eby, Secretary Mary Ellen Banks, Recording Secretary
Salvatore F. Marone, Treasurer Steven Miner, Solicitor
Mark O’Shea
Max Stoner, Chairman called the meeting of the Lower Allen Township Development Authority to order at 6:04pm and announced Proof of Publication was available for review.
H. Edward Black, Vice Chairman was absent with excuse.
APPROVAL OF MINUTES OF JULY 19, 2021
Mr. EBY made a motion to approve the minutes of the July 19, 2021 as corrected on the bottom of page 3; the word “asphalt” changed to “as built”. Mr. MARONE seconded the motion with this adjustment. Motion carried, 4-0.
PUBLIC COMMENT
Mr. Joseph Swartz, 1706 Letchworth Road, Camp Hill addressed the Board concerning the return of the Yetter Court property to the Township. He commented about this to once again state his support for this; he also commented that it is hard for him to imagine that whatever use of that property, if you could find a buyer, could generate significate tax revenue close to matching potential estimated savings from the solar project. He stated he looks forward to hearing this discussion and hope that you all will pass this resolution.
ACTION: APPROVE CHECK REGISTER FROM AUGUST 1, 2021- AUGUST 16, 2021
Mr. EBY made a motion to approve the check register from August 1, 2021 – August 16, 2021 in the amount of $525,533.33. Mr. O’SHEA seconded the motion. Motion carried, 4-0.
DISCUSSION & POSSIBLE ACTION: RESOLUTION 2021-02 SALE OF YETTER COURT PROPERTY
Mrs. Trone explained she had given the Board the information they requested which was a scenario of the Yetter Court Development vs. Solar Panels using 40-year plan since that is what the Solar Panel study showed. She stated that it is not really close in tax revenue versus savings using the solar panels. The savings is $294,544 value to the Township over 40 years versus the Solar Panels showing up to $3,582,061 value. Discussion ensued.
Mr. EBY made a motion to approve Resolution 2021-02 Sale of Yetter Court Property from Lower Allen Township Development Authority to Lower Allen Township for the sum of $1.00. Mr. MARONE seconded the motion. There was a discussion concerning the monies spent on this property to have it appraised and also for the storm water fees each month; approximately $5,000. Chairman Stoner stated the Township has been very generous in dealing with the Authority by giving us various properties and backing loans, etc. The consensus was to pass this Resolution as written. Motion carried, 4-0.
DISCUSSION & ACTION: RESOLUTION 2021-03 SALE OF 3505 GETTYSBURG ROAD
Mrs. Trone explained this is for the sale of the Bonefish Grill property that was approved last meeting and this is the Resolution to do so. Mr. Campbell informed the Board of several items on the sale of this property. Discussion ensued. Mr. EBY made a motion to approve Resolution 2021-03, Sale of 3505 Gettysburg Road, Bonefish Grill property, to Dwayne Keller and Jeff Deppen for $1,500,000. Mr. O’SHEA seconded the motion. Motion carried 4-0.
Mr. EBY made a motion to authorize the staff to waive the penalty fee for the sales agreement of Unit # 6 if in fact we do not settle on time and the second contingency will be that we will escrow an amount determined by York Excavating estimate to cover parking lot improvements that are not going to be done by the time of the settlement. Mr. MARONE seconded the motion. Motion carried, 4-0.
DISCUSSION & ACTION: APPROVE CHANGE ORDER 001 FOR GENERAL CONSTRUCTION WITH WAGMAN CONSTRUCTION, INC. IN THE AMOUNT OF $7,570.99
Mrs. Trone explained the reasons for this change order with all of the documentation being provided to the Board in their packets; in addition, this has been reviewed and approved by Eastern PCM whom is our construction manager and the architect approved this as well. Mr. EBY made a motion to approve change order 001 for general construction with Wagman Construction, Inc. in the amount of $7,570.99. Mr. MARONE seconded the motion. Motion carried, 4-0.
ACTION: APPROVE FIRST AGREEMENT OF SALE WITH LOWER ALLEN COMMONS II, LLC FOR LOWER ALLEN COMMONS UNITS 1 & 2
Mr. Campbell stated this should read as “first amendment” rather than “first agreement” of sale.
Mrs. Trone stated that in our last meeting it was possible that we may come back and ask for an extension since we were not able to provide to them items in the due diligence and at that meeting gave approval for us to execute that extension; this was already signed and executed; however, Mrs. Trone explained she would like to have actual approval for this specific agreement and not just a conceptional version of it. Mr. EBY made a motion to approve first amendment of sale with Lower Allen Commons II, LLC for Lower Allen Commons Units 1 and 2, this being a ratification of construction that we gave at the last meeting. Mr. O’SHEA seconded the motion. Motion carried, 4-0.
DISCUSSION & ACTION: GRANT RIGHT-OF-WAY TO PPL ELECTRIC UTILITIES CORPORATION TO CONSTRUCT, OPERATE, AND MAINTAIN ELECTRIC COMMUNICATION FACILITIES ON PARCEL: 13-23-0553-065U2
Mr. EBY made a motion to grant right-of-way to PPL Electric Utilities Corporation to construct, reconstruct, operate, and maintain electric communication facilities on parcel: 13-23-0553-065U2
Mr. MARONE seconded the motion. Motion carried, 4-0.
DISCUSSION: LOWER ALLEN COMMONS CONSTRUCTION UPDATE
Mrs. Trone stated the Board had information in their packet, an update of the construction report by Eastern PCM. She also explained that this evening at the job trailer the Board received this information; however, for the benefit of the public, the sewer line was put in, the pump station was removed, they are still working on the storm sewer, and they are working to get it under roof. Mr. Eby stated again for the public, the Board did have an informational site visit; Chairman Stoner also stated, they are on schedule.
DISCUSSION & POSSIBLE ACTION: APPROVE ADDITIONAL SERVICES REQUEST FROM EASTERN PCM FOR A TWO MONTH EXTENSION IN THE AMOUNT OF $69,538.00
Mrs. Trone explained when the Board originally brought on Eastern PCM the idea was the construction would be completed by September 15th; however, now all of the construction will go until the end of November. Therefore, the Board needs Eastern PCM on the job site for two additional months. They did come back today and provided a 5% discount making the amount $66,061.00. Discussion ensued concerning the extension. Mr. MARONE made a motion to approve additional service request from Eastern PCM for a two-month extension in the amount of $69,538.00 with a 5% discount making the total $66,061.00. Mr. EBY seconded the motion. Motion carried, 4-0.
RECESS TO EXECUTIVE SESSION
The Regular Meeting of the Development Authority recessed into Executive Session to discuss real estate transactions for Lower Allen Commons @ 6:45pm.
RECONVENE REGULAR MEETING
The Regular Meeting of the Development Authority reconvened @ 7:07pm.
Mr. EBY made a motion to authorize our brokers to negotiate an amended letter of intent with prospective tenant for the remaining retail space in Unit #3. Mr. O’SHEA seconded the motion. Motion carried, 4-0.
Mrs. Trone explained they are working on the closing with the hotel which will be Friday if all goes well. Discussion ensued concerning this closing. Mr. EBY made a motion authorizing Mrs. Trone to sign any changes in the closing documents with the solicitor’s concurrence. Mr. MARONE seconded the motion. Motion carried, 4-0.
NEXT MEETING OF THE DEVELOPMENT AUTHORITY
The next meeting of the Development Authority is scheduled for Monday September 20, 2021 at 6:00pm.
ADJOURNMENT
Mr. MARONE made a motion to adjourn. Mr. O’SHEA seconded the motion. Motion carried, 4-0. Meeting adjourned at 7:14pm.