MINUTES

DEVELOPMENT AUTHORITY                              LOWER ALLEN TOWNSHIP

REGULAR MEETING                                              JANUARY 17, 2022

 

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

John Eby, Secretary                                                      Steven Miner, Solicitor

Salvatore Marone, Treasurer

Mark O’Shea              

 

Mary Ellen Banks, Recording Secretary called the meeting of the Lower Allen Township Development Authority to order at 6:02 pm and announced Proof of Publication was available for review.

 

REORGANIZATION

Mr. EBY made a motion to nominate Mr. Max Stoner as Chairman of the Development Authority for 2022. Mr. MARONE seconded the nomination. Motion carried, 4-0.

At this point, Mrs. Banks turned the meeting over to Chairman Stoner.

Mr. EBY made a motion to nominate Mr. Edward Black as Vice Chairman of the Development Authority for 2022. Mr. MARONE seconded the nomination. Motion carried, 4-0.

Mr. Black entered the meeting at this point.

Mr. MARONE made a motion to nominate Mr. John Eby as Secretary of the Development Authority for 2022. Mr. O’SHEA seconded the nomination. Motion carried, 5-0.

Mr. EBY made a motion to nominate Mr. Sal Marone as Treasurer of the Development Authority for 2022. Mr. O’SHEA seconded the nomination. Motion carried, 5-0.

APPROVAL OF MINUTES OF DECEMBER 20, 2021

Mr. EBY made a motion to approve the minutes of the December 20, 2021. Mr. MARONE seconded the motion. Motion carried, 4-0 with Chairman Stoner abstaining since he did not attend the December meeting.

 

PUBLIC COMMENT

NONE.

 

ACTION: APPROVE CHECK REGISTER FROM DECEMBER 20, 2021-JANUARY 17, 2022 IN THE AMOUNT OF $1,066,966.01.

Mr. EBY made a motion to approve the check register from December 20, 2021-January 17, 2022 in the amount of $1,066,966.01. Mr. BLACK seconded the motion. Motion carried, 5-0.

DISCUSSION & ACTION: APPROVE CHANGE ORDER 05 FOR YORK EXCAVATING COMPANY, LLC INC. FOR LOWER ALLEN COMMONS CONTRACT IN THE AMOUNT OF $110,654.69 FOR THE FOLLOWING:

• Final rock excavation – $4073.73
• Sinkhole Remediation – 8839.14
• Relocation of Switchgear over and above what was included in base bid – $16,854.63
• Water Distribution changes – $12,728.21
• PPL work along Gettysburg Rd. – $68,158.99

Mr. EBY made a motion to approve change order 05 for York Excavating Company, LLC, Inc. for Lower Allen Commons contract in the amount of $110,654.69 for the above list. Mr. BLACK seconded the motion. Motion carried, 5-0.

 

DISCUSSION & ACTION: APPROVE CHANGE ORDER 004 FOR AMES FOR LOWER ALLEN COMMONS CONTRACT (MECHANICAL) IN THE AMOUNT OF $12,300 FOR THE FOLLOWING:

• Installation of a Split System for $3,800
• Installation of 5T Roof Top Unit and removal of 3T Roof Top Unit at Sports Clips.

Mr. EBY made a motion to Approve Change Order 004 for Ames for Lower Allen Commons Contract (Mechanical) in the amount of $12,300 for the above list. Mr. MARONE seconded the motion. Motion carried, 5-0.

 

DISCUSSION & ACTION: APPROVE AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH EASTERN PCM FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE LANDLORD’S WORK REQUIRED IN THE FIT-OUT OF THE REMAINING TENANT SPACES.

Mr. EBY made a motion to approve the amendment to Professional Services contract with Eastern PCM for construction management and inspection services for the landlord’s work required in the fit-out of the remaining tenant spaces. Mr. BLACK seconded the motion. Motion carried, 5-0.

 

DISCUSSION LOWER ALLEN COMMONS CONSTRUCTION UPDATE:

Mr. Gregory Lamay expressed his appreciation for the Board for trusting in Eastern PCM during this project. Along with the progress report in the Board’s packet, he then presented the January Progress overview on the construction as follows:

• We are winding down the financial obligations of all the contractors.
• There are a few remaining items; including the utilities that were owed.
• The site improvements that are wrapping up are:
  • The asphalt which will be behind the retail center will be done as weather permits.
  • There is a final PPL work order which was just submitted which is for the transformer with switching problems will be removed. There is a transformer on the corner of Trader Joe’s parking lot which needs to be removed and once that is done the rest of the parking lot will be paved.
• There is a punch list by some of the contractors which need to be done.

Mr. Eby then asked with the completion of the site utility work, should the Development Authority then be getting some escrow back? Mr. Ritchey from Third Mountain Partners, LLC stated the answer was yes. Discussion ensued.

Mr. Lamay continued by stating we actually achieved substantial completion two months ago; substantial completion is where the primary product is ready for it’s intended use; in this case, the intended use of the product was the continued construction of Trader Joe’s; we reached that milestone in November; the certificates of substantial completion is an official contractual document that needs to be signed. Those will be sent over tomorrow; he thought they were going to be ready today, but they are not. Mr. Lamay stated they had a punch list performed by the Development Authority’s architect, KD3 and the architect for Trader Joe’s indicating they were satisfied with the condition of the store at that time and they would accept that condition. Discussion ensued.

Mr. Eby informed the Board there was a Zoning Board approval for the Trader Joe’s sign completed.  

 

UPDATE:

Mrs. Trone gave the following updates to the Board:

• Lower Allen Condo Meeting is scheduled for January 26, 2022 at 2PM (virtual)
• The insurance for this Board and also the insurance for the Condo are in place for 2022
• 137 Creek Road Acquisition – she explained she did not contact the owner of the property, but she did have a conversation with the Cumberland County Development Board concerning this.

 

NEXT MEETING OF THE DEVELOPMENT AUTHORITY

The next meeting of the Development Authority is scheduled for Tuesday, February 22, 2022 at 6:00pm.

 

RECESS TO EXECUTIVE SESSION

The Regular Meeting of the Development Authority recessed into Executive Session to discuss real matters as follows @ 6:27pm:

• Lower Allen Commons Real Estate
• LOI
• Lease Amendments

 

RECONVENE REGULAR MEETING

The Regular Meeting of the Development Authority reconvened @ 7:02pm.

Mr. EBY made a motion in regards to the contract purchaser of Units 1 and 2 to grant a 60-day extension to the due diligence period.  Mr. O’SHEA seconded the motion. Motion carried, 5-0.

Mr. EBY made a motion in regards to space 3, unit 3 to authorize signature of a LOI (Letter of intent) between the Development Authority and LIT Miracles, d/b/a Apricot Lane Boutique. Mr. O’SHEA seconded the motion. Motion carried, 5-0.

Mr. EBY made a motion to authorize execution of the first amendment to commercial lease between the Development Authority and Harrisburg Arch Support, LLC, d/b/a The Good Feet Store. Mr. MARONE seconded the motion. Motion carried, 5-0.

Mr. EBY made a motion to authorize execution of the first amendment to commercial lease between the Development Authority and R.R.I. Enterprises, LLC, d/b/a Sports Clips. Mr. MARONE seconded the motion. Motion carried, 5-0.

 

ADJOURNMENT

Mr. EBY made a motion to adjourn. Mr. MARONE seconded the motion. Motion carried, 5-0. Meeting adjourned at 7:06pm.