MINUTES

 DEVELOPMENT AUTHORITY                              LOWER ALLEN TOWNSHIP

 REGULAR MEETING                                              OCTOBER 17, 2022

The following were in ATTENDANCE:

AUTHORITY MEMBERS	TOWNSHIP PERSONNEL
Max Stoner, Chairman	Erin Trone, Township Assistant Manager
H. Edward Black, Vice Chairman	Steven Miner, Solicitor
John Eby, Secretary	Mary Ellen Banks, Recording Secretary
Salvatore Marone, Treasurer
Mark O’Shea

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.

APPROVAL OF MINUTES OF SEPTEMBER 19, 2022
Mr. EBY made a motion to approve the minutes of the September 19, 2022. Mr. BLACK seconded the motion. Motion carried, 5-0.

PUBLIC COMMENT – THERE WAS NONE.

ACTION: APPROVE PAYMENTS FROM SEPTEMBER 19 – OCTOBER 17, 2022 IN THE AMOUNT OF $14,839.95.
Mr. EBY made a motion to approve the check register from September 19 – October 17, 2022 in the amount of $14,839.95. Mr. MARONE seconded the motion. Motion carried, 5-0. (NOTE: Mr. Marone stated the check to Fed Ex was written incorrectly and he did not sign it; Mrs. Trone explained this will be corrected internally)

DISCUSSION AND ACTION: ADOPT RESOLUTION 2022-05 APPROVING THE DEVELOPMENT PLANS FOR UNIT 1 OF LOWER ALLEN COMMONS AS THE CONDOMINIUM DECLARANT.
Mrs. Trone explained this was done last meeting as Resolution 2022-04 and it should have been 2022-05 so it needs to be amended.
Mr. EBY made a motion to adopt Resolution 2022-05 approving the development plans for Unit 1 of Lower Allen Commons as the condominium declarant. Mr. O’SHEA seconded the motion. Motion carried, 5-0.

DISCUSSION &ACTION: RATIFY APPROVAL OF THE ASSIGNMENT, REPUDIATION & NOVATION OF AGREEMENT OF SALE FOR LOWER ALLEN COMMONS UNIT 1.
Mrs. Trone explained this was already signed; however, the Board needs to ratify it.
Mr. EBY made a motion to ratify approval of the assignment, repudiation & novation of Agreement of Sale for Lower Allen Commons Unit 1. Mr. MARONE seconded the motion. Motion carried, 5-0.

DISCUSSION AND ACTION: APPROVE COST ESTIMATE FOR UPDATED SCOPE OF WORK FOR YORK EXCAVATING TO INCLUDE FINAL PAVING AT THE EAST ENTRANCE OF LOWER ALLEN COMMONS THE WEEK OF OCTOBER 24^TH.
Mrs. Trone explained to the Board this final paving wasn’t done because they were holding off because Unit 1 and 2 are going to be under construction and they really didn’t want large construction vehicles driving on this. However, one of the requirements for selling Unit 3 is for this to be completed. In addition, there is a large dip in this area and the rain is pooling there which will cause problems in the winter and it really doesn’t look nice.
Mr. EBY made a motion to approve cost estimate for updated scope of work for York Excavating to include final paving at the east entrance of Lower Allen Commons the week of October 24^th. Mr. O’SHEA seconded the motion. Motion carried, 5-0.

ACTION: RATIFY TERMINATION OF A CONTRACT WITH GROUND GUYS FOR LANDSCAPING SERVICES AT LOWER ALLEN COMMONS.
Mrs. Trone stated that after the last meeting, Solicitor Miner sent the Ground Guys a termination letter and gave them thirty (30) days to respond. There has been no response. Sno-Services has already begun by killing all of the weeds and after all are dead, they will be going back to put down the weed barrier and then plant grass and put some plants in this area so it will be less maintenance.
Mr. EBY made a motion to ratify termination of a contract with Ground Guys for landscaping services at Lower Allen Commons. Mr. MARONE seconded the motion. Motion carried, 5-0.

DISCUSSION AND ACTION: APPROVE LICENSE AGREEMENT WITH TONIA ULSH AND OR HER ASSIGNS PERMITTING LOWER ALLEN TOWNSHIP DEVELOPMENT AUTHORITY’S CONTRACTOR TO ENTER UNIT 1 TO COMPLETE WATERLINE SEPARATION AND CURBING.
Mrs. Trone stated the closing for Unit 1 is October 20, 2022; however, this will cover us in case the waterline separation and curbing is not completed before that. Solicitor Miner stated he was in contact with their attorney who was in favor of this concept and he explained to their attorney, we would approve it from our end with this agreement.
Mr. MARONE made a motion to approve license agreement with Tonia Ulsh and or her assigns permitting Lower Allen Township Development Authority’s contractor to enter Unit 1 to complete waterline separation and curbing. Mr. BLACK seconded the motion. Motion carried, 5-0.

DISCUSSION AND POSSIBLE ACTION: APPROVE SECOND AMENDMENT OF SALE WITH FJH ARAMINGO, LP, EXTENDING THE DUE DILIGENCE PERIOD AND CLOSING DATE IF ESTOPPELS HAVE NOT BEEN SIGNED.
Before this was discussed, it was determined it should be the third amendment. Mr. Kostelac of Campbell Real Estate stated the first amendment was September 13, 2022 and the second amendment was September 21, 2022. Mrs. Trone explained you will notice in your packets she has changed the amendment to the third. Discussion ensued.
Mr. MARONE made a motion to approve the third amendment of sale with FJH ARAMINGO, LP.
Mr. O’SHEA seconded the motion. Motion carried, 5-0.

RECESS TO EXECUTIVE SESSION
The Regular Meeting of the Development Authority recessed into Executive Session to discuss real estate matters as follows @ 6:15pm.

• 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 @ 6:48pm.

Mr. EBY made a motion that we approve the first amendment to lease between the Lower Allen Township Authority and the Trader Joe’s East, Inc. regarding parking requirements and option terms subject to staff and solicitor review. Mr. O’SHEA seconded the motion. Motion carried, 5-0.

STAFF UPDATE:

• Eby informed the board across the street from the Lower Allen Commons the former Harris TV and appliance building is getting a couple of restaurant/development including Nothing Bundt Cakes. Mr. Eby explained they have not received any build-out applications for tenants yet.
• Trone explained the Township received plans today for the corner where the bank was located from a car wash.

NEXT MEETING OF THE DEVELOPMENT AUTHORITY
The next meeting of the Development Authority is scheduled for Monday, November 21, 2022 at 6:00pm.

ADJOURNMENT
Mr. EBY made a motion to adjourn. Mr. MARONE seconded the motion. Motion carried, 5-0. Meeting adjourned at 6:52pm.