MINUTES 

DEVELOPMENT AUTHORITY                              LOWER ALLEN TOWNSHIP 

REGULAR MEETING                                              JUNE 20, 2022

The following were in ATTENDANCE: 

AUTHORITY MEMBERS                                        TOWNSHIP PERSONNEL

Max Stoner, Chairman                                                 Steven Miner, Solicitor

H. Edward Black, Vice Chairman                               Mary Ellen Banks, Recording Secretary

John Eby, Secretary                                                     

Salvatore Marone, Treasurer

Mark O’Shea              

 

Max Stoner, Chairman called the meeting of the Lower Allen Township Development Authority to order at 6:03pm and announced Proof of Publication was available for review.

APPROVAL OF MINUTES OF MAY 16, 2022

Mr. EBY made a motion to approve the minutes of the May 16, 2022. Mr. BLACK seconded the motion. Motion carried, 5-0.

APPROVAL OF MINUTES OF JUNE 1, 2022 SPECIAL MEETING

Mr. EBY made a motion to approve the minutes of the June 1, 2022 special meeting. Mr. O’SHEA seconded the motion. Motion carried, 5-0.
PUBLIC COMMENT – THERE WAS NONE.

ACTION: APPROVE PAYMENTS FROM JUNE 2- JUNE 20, 2022 IN THE AMOUNT OF $3,365.67

Discussion was concerning the Comcast invoice; Mr. Eby stated he will discuss this with Mrs. Trone before the July meeting. Mr. EBY made a motion to approve the check register from June 2 – June 20, 2022 in the amount of $3,365.67. Mr. MARONE seconded the motion. Motion carried, 5-0.

DISCUSSION AND POSSIBLE ACTION: APPROVE CHANGE ORDER NO. 6 FOR YORK EXCAVATING FOR A CREDIT OF $7,402.14.

Mr. EBY made a motion to approve change order No. 6 for York Excavating for a credit of $7,402.14. Mr. BLACK seconded the motion. Motion carried, 5-0.

DISCUSSION AND POSSIBLE ACTION: ADOPT RESOLUTION 2022-03 APPROVING CHICK-FIL-A PLANS AS LOWER ALLEN CONDOMINIUM DECLARANT
Mr. Eby opened discussion on this item by stating there were two things; 1) to approve the land development plan and 2) to approve the sign package. Solicitor Miner stated that this is necessary for closing. Mr. Eby further stated there will be separate action on the Chick-Fil-A sign easement. Mr. Eby added that during staff review for Unit 1, the Jewelry Store, it was made apparent that we had allocated one free standing sign per unit per street frontage and he believes the Jewelry Store has acknowledged that they are not getting a free-standing sign. Discussion ensued. Mr. EBY made a motion to adopt resolution 2022-03 approving Chick-Fil-A plans as Lower Allen Condominium declarant. Mr. O’SHEA seconded the motion. Motion carried, 5-0.

DISCUSSION AND POSSIBLE ACTION: APPROVE FIRST AMENDMENT FOR CONDO DECLARATION AS DECLARANT

Solicitor Miner stated this is also needed for closing. Mr. EBY made a motion to approve first amendment for condo declaration as declarant. Mr. MARONE seconded the motion. Motion carried, 5-0.

DISCUSSION AND POSSIBLE ACTION: APPROVE WAIVER FOR THE SIZE RESTRICTION FOR CHICK-FIL-A AS LANDLORD OF UNIT 3

After discussion, there was no action taken at this time.

DISCUSSION: REVIEW CHICK-FIL-A SIGN EASEMENT BETWEEN POTENTIAL BUYERS OF UNIT 1 & UNIT 2 FOR CONCURRENCE AS CURRENT OWNER OF BOTH UNITS

Solicitor Miner stated he had a question about this for Mr. Campbell which was if the grantee still was Lower Allen Commons since his understanding was that the sales agreement had expired. Mr. Campbell stated this was correct. Mr. Eby also informed Solicitor Miner that the Zoning Hearing Board requested the grantee to Chick-Fil-A was in the name of Lower Allen Commons.  Solicitor Miner also stated to the Board that this is not an action item for them; he wanted to be sure this was correct for the closing because we had the buyers, one of the principals, confirm that this was correct. He stated under abundance of caution, Solicitor Miner said in talking to the real estate folks, their suggested language was : ”On behalf of Lower Allen Commons II or other Special Purpose Entity” so we can close; Therefore, it is not a new Resolution, it will just be a corrected one.

RECESS TO EXECUTIVE SESSION

The Regular Meeting of the Development Authority recessed into Executive Session to discuss real estate matters as follows @ 6:21pm.

• Lower Allen Commons Real Estate
  1. Sale of Unit 1
  2. Sale of Unit 2
  3. Sale of Unit 3

RECONVENE REGULAR MEETING

The Regular Meeting of the Development Authority reconvened @ 6:40pm.

NEXT MEETING OF THE DEVELOPMENT AUTHORITY

The next meeting of the Development Authority is scheduled for Monday, July 18, 2022 at 6:00pm. Note: There may be a need for a special meeting before the July 18^th scheduled meeting.

ADJOURNMENT

Mr. EBY made a motion to adjourn. Mr. MARONE seconded the motion. Motion carried, 5-0. Meeting adjourned at 6:41pm.