Development Authority
9-20-2021 Meeting Minutes
MINUTES
DEVELOPMENT AUTHORITY LOWER ALLEN TOWNSHIP
REGULAR MEETING SEPTEMBER 20. 2021
The following were in ATTENDANCE:
AUTHORITY MEMBERS TOWNSHIP PERSONNEL
Max Stoner, Chairman Erin Trone, Township Assistant Manager
H. Edward Black, Vice Chairman Mary Ellen Banks, Recording Secretary
Mark O’Shea Steven Miner, Solicitor
Max Stoner, Chairman called the meeting of the Lower Allen Township Development Authority to order at 6:00pm and announced Proof of Publication was available for review.
John Eby, Secretary and Salvatore F. Marone, Treasurer were absent with excuse.
APPROVAL OF MINUTES OF AUGUST 16, 2021
Mr. STONER made a motion to approve the minutes of the August 16, 2021. Mr. O’SHEA seconded the motion. Motion carried, 3-0.
PUBLIC COMMENT
NONE.
ACTION: APPROVE CHECK REGISTER FROM AUGUST 17, 2021- SEPTEMBER 20, 2021 IN THE AMOUNT OF $360,761.13.
Mr. BLACK made a motion to approve the check register from August 17, 2021- September 20, 2021 in the amount of $360,761.13 Mr. O’SHEA seconded the motion. Motion carried, 3-0.
DISCUSSION & ACTION: EXECUTION OF AGREEMENT FOR SALE OF YETTER COURT PROPERTY
Mrs. Trone explained the Board did a resolution for this last month and this is just the last piece of the sale.
Mr. O’SHEA made a motion to approve the execution of agreement for sale of Yetter Court property to Lower Allen Township. Mr. BLACK seconded the motion. Motion carried, 3-0.
DISCUSSION & ACTION: APPROVE CHANGE ORDER 002 FOR LOWER ALLEN COMMONS SITE DEVELOPMENT WITH YORK EXCAVATING CO., LLC IN THE AMOUNT OF $176,270.42 FOR TRENCH ROCK EXCAVATION FOR THE INSTALLATION OF THE 8” SANITARY SEWER PIPELINE.
Mrs. Trone explained this is due to “hitting rock”; she also explained they had two different contractors verifying the quantities.
Mr. O’SHEA made a motion to approve change order 002 for Lower Allen Commons site development with York Excavating Co., LLC, in the amount of $176,270.42 for trench rock excavation for the installation of the 8” sanitary sewer pipeline. Mr. BLACK seconded the motion. Motion carried, 3-0.
DISCUSSION & ACTION: APPROVE CHANGE ORDER 003 FOR LOWER ALLEN COMMONS SITE DEVELOPMENT WITH YORK EXCAVATING CO., LLC IN AN AMOUNT NOT TO EXCEED $12,500 FOR MODIFICATIONS TO THE BONEFISH GRILL PARKING LOT.
Mrs. Trone explained we are required as part of their lease with Bonefish Grill where we made changes to their parking lot to allow a contractor on site. Therefore, they have to go back and fix the parking lot since they dug up a good part of the lot.
Mr. BLACK made a motion to approve change order 003 for Lower Allen Commons site development with York Excavating Co., LLC, in an amount not to exceed $12,500 to make the necessary revisions to the Bonefish Grill parking area to accommodate their connection and therefore access. Mr. O’SHEA seconded the motion. Motion carried, 3-0.
DISCUSSION & ACTION: APPROVE CHANGE ORDER 002 FOR LOWER ALLEN COMMONS CONTRACT (ELECTRICAL) WITH LEER FOR $13,582.73 FOR CHANGE FROM THE ELECTRIC WALL.
Mrs. Trone explained one of our tenants requested an E-Wall; however, in our design, we did not include this; therefore, we had to make some modifications. They did agree to go with our design, but there needed to be some modifications to it to keep the project moving forward. Mr. O’SHEA made a motion to approve change order 002 for Lower Allen Commons contract (electrical) with Leer for $13,582.73 for changes for the electric wall. Mr. BLACK seconded the motion. Motion carried, 3-0.
DISCUSSION & ACTION: APPROVE CHANGE ORDER 003 FOR LOWER ALLEN COMMONS CONTRACT (ELECTRICAL) WITH LEER FOR $5,086.36 FOR 5 GANG METER STAKE.
Mrs. Trone explained this is so they can accommodate four tenants (in unit 3) and the 5th one will be for the driveway lights and the common area; they put in an extra so it would not be quite so tight for the tenants/owners space. Mr. O’SHEA made a motion to approve change order 003 for Lower Allen Commons contract (electrical) with Leer for $5,086.36 for 5 gang meter stake. Mr. BLACK seconded the motion. Motion carried, 3-0.
DISCUSSION & ACTION: ACCEPT PROPOSAL FROM KD3 DESIGN STUDIO FOR FINAL DESIGN OF LANDLORD IMPROVEMENTS TO TENANT SPACE# 2 (SPORTS CLIPS) FOR $5,840.
Mrs. Trone explained the next three motions are basically the same explanation. As owner, according to our lease agreement with Sports Clips and the Good Feet Store we have to provide them a space that is in a certain position. That would be the landlord’s improvements, the landlord’s work – they have interior fit out as the tenants, but this is our work to deliver that space. Mr. BLACK made a motion to accept proposal from KD3 Design Studio for final design of landlord improvements to tenant space# 2 (Sports Clips) for $5,840. Mr. O’SHEA seconded the motion. Motion carried, 3-0.
DISCUSSION & ACTION: ACCEPT PROPOSAL FROM KD3 DESIGN STUDIO FOR FINAL DESIGN OF LANDLORD IMPROVEMENTS TO TENANT SPACE# 3 FOR $6,350.
Mr. BLACK made a motion to accept proposal from KD3 Design Studio for final design of landlord improvements to tenant space#3 for $6,350. Mr. O’SHEA seconded the motion. Motion carried, 3-0.
DISCUSSION & ACTION: ACCEPT PROPOSAL FROM KD3 DESIGN STUDIO FOR FINAL DESIGN OF LANDLORD IMPROVEMENTS TO TENANT SPACE# 4 (THE GOOD FEET STORE) FOR $4,800.
Mr. O’SHEA made a motion to accept proposal from KD3 Design Studio for final design of landlord improvements to tenant space# 4 (The Good Feet Store) for $4,800. Mr. BLACK seconded the motion. Motion carried, 3-0.
DISCUSSION & POSSIBLE ACTION: LOAN REPAYMENT SCHEDULE
Mrs. Trone discussed with the Board the fact that there have been two properties sold in the past month, we are for the first time able to possibly make a payment on our loan principal; our next interest payment will be on December 15th and she is anticipating that will probably be around $175,000. If we would make a payment now, that would be reduced by around $6,000. She recommends paying on the principal of this loan $550,000; she has talked with Mr. Marone who agrees with doing this and with this amount. Mr. BLACK made a motion to pay $550,000 on the principal of the present loan. Mr. O’SHEA seconded the motion. Motion carried, 3-0.
DISCUSSION: LOWER ALLEN COMMONS CONSTRUCTION UPDATE
Mrs. Trone explained to the Board in their packet they would have received an update from Eastern PCM. The temporary roof has been installed and they got word that the permanent roof will be here in mid-November, 30 days ahead of what we thought.
Mr. Ritchey explained all of the underground work is completed, the road is now being stoned, the parking lot is also being stoned.
Mrs. Trone, when asked, stated the expediential completion date is end of November; however, the date does change.
Solicitor Miner stated for the record there were several matters that Erin wanted to discuss in Executive Session that came up at the last minute. He wanted to let the Board know Act 65 does not fall into anything; So even though it does not appear on the agenda, it is something you may consider. The other item that was on your agenda had to do with potential leases. Mrs. Trone stated that was correct and also a potential client and then an item that came up for review late Friday and we will actually have the agreement for that and will discuss that and then have a motion. As Steve referenced, there is no money attached to it so we are okay.
RECESS TO EXECUTIVE SESSION
The Regular Meeting of the Development Authority recessed into Executive Session to discuss real estate transactions for Lower Allen Commons @ 6:28pm.
RECONVENE REGULAR MEETING
The Regular Meeting of the Development Authority reconvened @ 7:12pm.
DISCUSSION & POSSIBLE ACTION: LISTING AGREEMENT EXTENSION WITH CAMPBELL COMMERCIAL REAL ESTATE, INC.
Mr. BLACK made a motion to extend the listing agreement with Campbell Commercial Real Estate, Inc. for a period of nine (9) months thru June 30, 2022. Mr. O’SHEA seconded the motion. Motion carried, 3-0.
Solicitor Miner stated because this next item was not on the agenda, he wanted to give the Board information on Act 65; this is old business and it also does not involve any expenditure so you can take action on it even though it was not on the agenda 24 hours prior to your meeting.
Chairman Stoner stated the following item is a 2nd Amendment to the agreement of sale for lots 1 and 2 to extend the due diligence period.
Mr. O’SHEA made a motion to approve extending the title and serendipity from October 1st to November 15th and extending due diligence from October 15st to November 15, 2021 also. Mr. BLACK seconded the motion. Motion carried, 3-0.
Chairman Stoner stated there is one other item to discuss which is the hotel, the contractors and the Authority’s lots 1 and 2. Mr. O’SHEA made a motion if we are presented with a construction easement to extend until October 31st, we would expense an extension of the lease agreement that they are using for their tractor trailer on the main lot to coincide with that timeframe of October 31st, 2021. Mr. BLACK seconded the motion. Motion carried, 3-0.
NEXT MEETING OF THE DEVELOPMENT AUTHORITY
The next meeting of the Development Authority is scheduled for Monday October 18, 2021 at 6:00pm.
ADJOURNMENT
Mr. O’SHEA made a motion to adjourn. Mr. BLACK seconded the motion. Motion carried, 3-0. Meeting adjourned at 7:17pm.