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Minutes - Monday 2 May 2016Regular Meeting - Beverly City Council, Beverly, MA MINUTES — Monday, May 2, 2016 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber Called to Order @ 7:00 PM Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang, James F. Latter (absent), Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Lang The Council President requested a Moment of Silence for Raymond J. Grimes (Beverly Police Department- retired) and Kathleen E. Salter (Former School Committee Member) Resolutions: None Public Speakers: 1. Mr. Myron E. Hood, 7 Auburn RD re: Beverly Middle School project Presentations, Awards and Memorials: 1. Beverly Bike Committee — Todd Balf, Neil Stanton & Jonathan Salt 2. #106 — Beverly Farmer's Market — John Augeri — Vote to Approve: 7 -0 -1 (Councilor Rand recused herself) Acceptance of Minutes of Previous Meeting: 1. Tuesday, 19 April 2016 — Regular Meeting - Vote to Accept: 8 -0 Public Hearings: 1. 7:30 PM #092 — Budgetary Transfers for Shortfalls & Capital Projects Public Hearing held and closed - Referred back to Finance & Property. Communications from His Honor the Mayor: #101 April 28, 2016 Honorable Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Enclosed please find a proposed amendment to the water demand charge ordinance. I am submitting this proposal at the request of the Engineering Department and Department of Public Services, which handle the implementation of the charge and believe the proposed change is desirable and warranted to provide greater clarity to the existing schedule of charges. The purpose of the city's water demand charge as established in our current Code is to fund a portion of the cost of supplying sufficient water at adequate pressure to meet the increasing demands for water by the cumulative effect of new residential, commercial, and industrial units being supplied with water. That will remain the same. The proposed amendment preserves a portion of the current schedule by incorporating a pipe size charge approach in calculating the appropriate charge, while also updating and expanding it by (a) adding additional pipe sizes to reflect that which might be used in contemporary development or construction, and (b) adding a separate reduced charge for "fire suppression use." The proposal eliminates the "per unit" charge, which has historically created confusion and lack of clarity in assessing the charge. 92 The rate reflected in the schedule is proportional to the size and capacity of the line, which correlates to demand. Engineering established the proposed schedule and believes that it simplifies what currently is in place and ensures charges that are equitable across all development types. Sincerely yours, Michael P. Cahill Mayor In the year two thousand and sixteen AN ORDINANCE amending an ordinance entitled "Water" relative to Section 282 -13. Demand Charge. Be it ordained by the City Council of the City of Beverly as follows: By amending Chapter 282, Section 282 -13, subsection C entitled "Demand charge" of the 2016 Beverly Code of Ordinances by inserting the following schedule of charges in subsection C, after the last sentence of that subsection: Water Demand Fee Schedule of Charges 93 Pipe Size at Building Cu. Inch/Ft Domestic Use Fire Suppression 1 Inch 9.43 $2,500 $2,000 1 -1/4 Inch 14.7 4,677 3,118 1 -1/2 Inch 21.2 6,744 4,496 2 Inch 37.7 11,994 7,996 4 Inch 150.8 47,975 31,983 6 -8 Inches 339.3 -603.2 149,920 99,947 10 -12 Inches 942.5 - 1357.20 365,806 243,870.50 Referred to Legal Affairs #100 April 28, 2016 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I am pleased to submit for your consideration a proposed order authorizing the execution of the attached Tax Increment Financing Agreement with HighRes Biosolutions, Inc. ( "HighRes ") in accordance with M.G.L. ch. 40 section 59 and the Commonwealth's Economic Development Incentive Program (EDIP). HighRes has signed a Letter of Intent to lease property from Connolly Brothers, Inc. located at 102 Cherry Hill Drive in Beverly. The subject property is located at the intersection of Sam Fonzo Road and Cherry Hill Drive and is currently a vacant lot with approximately 5.85 acres of land. HighRes seeks to relocate its headquarters from Woburn, MA to 102 Cherry Hill Drive in order to facilitate an ambitious growth path for the company thereby expanding manufacturing, research and development, and engineering functions. The relocation includes the construction of a two story, 80,000 square foot building with site improvements including 260 parking spaces. HighRes is seeking support from the City to submit an application to the Massachusetts Office of Business Development (MOBD) pursuant to the Economic Development Incentive Program (EDIP). Consistent with EDIP program requirements, HighRes has requested approval of a ten year Tax Increment Financing (TIF) agreement to assist proposed relocation and expansion to 102 Cherry Hill Drive. HighRes will seek additional support from the Commonwealth by way of the Massachusetts Life Science Center which makes available a suite of incentives and programmatic support. By entering into the proposed TIF agreement, HighRes will commit to a minimum capital investment of $11.5 million (including construction, site improvements, and the purchase of machinery and equipment). In addition to significant investment within our community, HighRes will commit to relocating its existing 95 employees to Beverly and hiring a minimum of an additional 30 employees for high skilled and high wage positions. It is expected that an additional 150 employees will be hired and located at the 102 Cherry Hill Drive property over the 10 -year term of the agreement. The City of Beverly has been selective in its support of EDIP applications, and has sought TIF agreements that generate job growth for skilled, high wage employment opportunities, result in substantial investment in Beverly, and provide meaningful fiscal benefit. Consistent with these principles, the attached agreement seeks a graduated reduction TIF on real estate taxes on new value created and assessed on the property over a 10 -year period. The TIF will begin at ten percent for three years; adjust to seven and a half percent over the next three years, and adjust again to five percent for the last four years of the ten -year term. If the HighRes application is approved, the City will realize additional real estate tax revenue for over and above what it would otherwise have received due to the planned investment during .. the term of the agreement. It is estimated additional tax revenue following completion of the proposed project will be $256,715 during fiscal year 2018, $25,672 of which will be exempted per the proposed TIF agreement. It is estimated that the City will realize over $2.6 million in additional tax revenue over the 10 -year term of the agreement. This represents a significant increase in new tax growth for the City by encouraging additional investment in a currently underutilized property that is located in an area targeted for commercial and industrial growth. You will note from the enclosed package that the City's Economic and Community Development Council voted 6 -0 in favor of this project. Please find enclosed with this package the ECDC letter of support, proposed TIF agreement and Council authorization. I respectfully request that the Council authorize execution of the enclosed Tax Increment Financing Agreement with HighRes Biosolutions, Inc., and authorize submission of an application by HighRes to the Economic Development Incentive Program (EDIP) for approval by the Economic Assistance Coordinating Council (EACC). Sincerely yours, Michael P. Cahill Mayor Attachments cc: Aaron Clausen, Planning Director Bryant Ayles, Finance Director Stephanie Williams, City Solicitor Terry DeBlasie, City Assessor Denise Deschamps, Economic Development Planner TAX INCREMENT FINANCING AGREEMENT BY AND BETWEEN THE CITY OF BEVERLY, HIGHRES BIOSOLUTIONS, INC. AND 102 CHERRY HILL DEVELOPMENT, LLC THIS TAX INCREMENT FINANCING AGREEMENT ( "AGREEMENT ") is made this day of April, 2016, by and between the CITY OF BEVERLY, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts (the "CITY "), having a principal place of business at Beverly City Hall, 191 Cabot Street, Beverly, Massachusetts 01915, HIGHRES BIOSOLUTIONS, INC., a Delaware corporation (hereinafter "HIGHRES "), with a principal office at 299 Washington Street, Suite B, Woburn, Massachusetts, 01801, duly authorized to do business in Massachusetts, and 102 CHERRY HILL DEVELOPMENT, LLC, a Massachusetts limited liability company ( "102 CHD "), having an address of 152 Conant Street, Beverly, Massachusetts 01915 (collectively, the CITY, HIGHRES and 102 CHD are referred to as the "PARTIES "). WHEREAS, 102 CHD is the owner of certain property located at 102 Cherry Hill Drive, Beverly, MA 01915, City Assessor's Map 65, Parcel 13, containing 5.85 + /- acres of unimproved land in the IR (Industrial Restricted) Zoning District, which property is shown as Lot B on the plan of the land recorded with Essex South District Registry of Deeds in Plan Book 439, Plan 29 (as more particularly described in Exhibit A attached hereto, the "PROPERTY"); 95 WHEREAS, 102 CHD has entered into a letter of intent to undertake the permitting and construction of a new corporate headquarters facility for HIGHRES on the PROPERTY, consisting of an 80,000 SF building and related site improvements (collectively, the "FACILITY "), and to lease the PROPERTY to HIGHRES for a minimum term of ten (10) years; and WHEREAS, HIGHRES desires to relocate its existing headquarters from Woburn, Massachusetts to the FACILITY, where it will, among other things, create new jobs and retain existing local jobs, operate administrative and engineering offices, and manufacture and distribute its high -end robotic systems and laboratory devices which are used by pharmaceutical and biotech companies and academic research laboratories worldwide; and such manufacturing does not generate environmentally hazardous materials (the leasing, construction, outfitting and operation of the FACILITY and PROPERTY, and related job creation, relocation and retention, is hereinafter referred to as the "PROJECT "); WHEREAS, the proposed development and construction of the new FACILITY will require a capital investment from 102 CHD of approximately $10,500,000, in design, construction and related soft costs; WHEREAS, HIGHRES plans to invest approximately $1,000,000 in machinery and various forms of equipment for the FACILITY, and will incur significant relocation costs associated with the PROJECT; WHEREAS, the Commonwealth of Massachusetts has designated the cities of Beverly and Salem as jointly comprising an Economic Target Area ( "ETA ") pursuant to M.G.L. Chapter 23A, Section 3D and the PROPERTY is located within the boundaries of said ETA; WHEREAS, in reliance on the proposed relocation and expansion to the FACILITY, HIGHRES is growing its existing Massachusetts workforce of [95] full time employees by [30] new positions ( "Minimum Workforce Increase') and further intends to add an additional [150] positions ( "Intended Workforce Increase ") over the ten (10) year period following its occupancy of the FACILITY; WHEREAS, HIGHRES intends that the majority of new positions created will be permanent, full -time jobs, which will predominantly require highly skilled workers who will engineer and manufacture HIGHRES's specialized products; WHEREAS, the assessed valuation of the unimproved PROPERTY for Fiscal Year 2016 is One Million, Sixteen Thousand and Seven Hundred Dollars ($1,016,700.00); and WHEREAS, under the proposed long term lease agreement for the PROPERTY, HIGHRES shall be responsible for all local real estate taxes and assessments following construction of the new FACILITY; WHEREAS, 102 CHD and HIGHRES are jointly seeking a Tax Increment Financing Exemption from the CITY for the development of the PROJECT; WHEREAS, 102 CHD and HIGHRES do not intend to seek a real estate tax abatement for the PROPERTY or any portion thereof, with respect to any fiscal year on or before Fiscal year 2028; WHEREAS, the City strongly supports increased economic development to provide additional jobs for residents of the ETA and the CITY, to expand commercial and industrial activity within the CITY, and to develop a healthy economy and a stronger tax base; WHEREAS, this AGREEMENT will facilitate capital investment in the City of Beverly and the ETA, as well as new job creation and job relocation and retention, by offsetting significant relocation costs for HIGHRES and lowering its long -term operating costs under the lease agreement for the FACILITY; WHEREAS, the PROJECT may not move forward as currently envisioned with regard to the capital investments in the City of Beverly and future job creation without this AGREEMENT; WHEREAS, the PROJECT will further the economic development goals and the criteria established for the ETA; WHEREAS, by vote of the members of the City Council on , 2016 (the "vote of City Council vote "), and subject to approval by the, the CITY has been authorized to enter into this AGREEMENT with HIGHRES and 102 CHD in the form hereof, NOW THEREFORE, in consideration of the mutual promises of the PARTIES contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the PARTIES hereby agree as follows: 1. The CITY hereby enters into this Tax Increment Financing AGREEMENT with 102 CHD and HIGHRES, the subject of which is the PROPERTY. 2. By the vote of the City Council, the Mayor is duly authorized to enter into this AGREEMENT. The CITY hereby grants a Tax Increment Financing Exemption, the terms of which are set forth below (hereinafter the "EXEMPTION ") for the PROPERTY, for the benefit of HIGHRES, in accordance with Section 3E of Chapter 23A; Section 59 of Chapter 40; and clause 51 of Section 5 of Chapter 59 of the Massachusetts General Laws. The EXEMPTION shall be for a period of ten (10) years (the "EXEMPTION PERIOD "), commencing with the Fiscal Year 2018 (which begins July 1, 2017) and ending with the Fiscal Year 2027 (which ends June 30, 2027), and shall provide a percentage EXEMPTION from taxation as described in the table below, on the incremental increased value of the PROPERTY resulting solely from the PROJECT, for which HIGHRES is responsible for paying in accordance with the terms of its tenancy and /or occupancy of the PROPERTY. 4. The EXEMPTION formula for the PROJECT shall be calculated as prescribed by the above - referenced provisions of the Massachusetts General Laws; the Acts and Resolves of 1993, as amended; 751 CMR 22.00 et seq.; and as regulated by the Department of Revenue. The EXEMPTION formula shall apply to the incremental difference in the assessed valuation of the PROPERTY in the base year (the "BASE VALUATION "), and the assessed valuation of the PROPERTY for the next ten (10) years, commencing on July 1, 2017. As used herein, the "base year" shall mean Fiscal Year 2017. The BASE VALUATION will be adjusted annually by an adjustment factor as defined in the above referenced Code of Massachusetts Regulations, M.G.L ch. 40, section 59, and all other applicable laws, regulations and /or rules (the "ADJUSTED BASE VALUE "). The ADJUSTED BASE VALUE will remain taxable throughout the period of this AGREEMENT. The amount by which the real estate assessment for the PROPERTY is increased (the "INCREMENT "), resulting from the PROJECT and its construction and improvements, is the amount eligible for EXEMPTION from taxation. 5. The EXEMPTION shall be calculated and remain unchallenged for each fiscal year as follows: 97 Year >1 FY2018 10,0% Yearn FY2019 10.0% Year 3 FY2020 10.0% Year 4 FY2021 7.5% Year >.5 FY2022 7.5% Year 6 FY2023 7.5% Year 7 FY2024 5.0% Year 8 FY2025 5.0% Year 9 FY2026 5.0% Year 10 FY2027 5.0% 6. The EXEMPTION granted herein by the CITY shall be in consideration of the following commitments of HIGHRES and 102 CHD respectively, which HIGHRES and 102 CHD hereby affirm and commit, and which constitute the material representations of the PARTIES that serve as the basis for the EXEMPTION granted hereby: a. 102 CHD shall invest a minimum of $10,500,000.00 in the improvement of the PROPERTY and construction of the FACILITY for HIGHRES; b. Upon completion of the FACILITY, estimated to be on or before July 1, 2017, HIGHRES shall relocate its existing ninety -five (95) permanent full -time Massachusetts jobs to the FACILITY, in addition to those jobs created between the date of this AGREEMENT and such relocation date, if any; c. HIGHRES shall maintain the FACILITY as its headquarters and shall use commercially reasonable efforts to achieve the Minimum Workforce Increase during the initial five (5) years of its occupancy of the FACILITY, consistent with current projections; in furtherance of the foregoing limitation, the CITY expressly acknowledges and agrees that this AGREEMENT and the EXEMPTION are being extended to HIGHRES and 102 CHD in reliance upon predominantly the significant capital investment required for the PROJECT and secondarily on job creation. The failure of HIGHRES to meet the job creation goals stated herein shall not constitute a default unless the CITY demonstrates that HIGHRES has failed to use commercially reasonable efforts to grow its workforce, taking into account then existing economic conditions.; d. HIGHRES shall invest a minimum of $1,000,000 in equipment and machinery for the FACILITY within the first two (2) years of its operations ending on June 30, 2019; e. HIGHRES shall commence occupancy of the FACILITY (which may be partially completed) by July 1, 2017; the EXEMPTION shall not become effective unless and until the FACILITY is placed in service and operating; for the purpose of this Section 6.e, the FACILITY shall be deemed to be placed in service and operating so long as HIGHRES has commenced manufacturing and assembly uses at the FACILITY on or before July 1, 2017 and the FACILITY is serving as the corporate headquarters for HIGHRES on or before October 30, 2017; f HIGHRES shall afford priority (subject to applicable law and assuming equal qualification) to residents of the ETA in its hiring of new employees at the FACILITY, with priority being given in the following order: residents of the CITY, residents of Salem and those who are otherwise residents of the Commonwealth of Massachusetts. In order to facilitate such employment, HIGHRES shall advertise (at its cost and expense) in the local newspapers of general circulation in the ETA encouraging such residents to apply for employment with HIGHRES any time such advertisements are otherwise .• placed by or on behalf of HIGHRES for employment at the FACILITY; 102 CHD shall explore and pursue (subject to applicable law and assuming equal qualification) opportunities to hire qualified local contractors, vendors and suppliers, in connection with the PROJECT, with first priority given to Beverly -based businesses and second priority to ETA -based businesses, and third priority to Commonwealth of Massachusetts -based businesses; g. HIGHRES agrees to submit annual reports on job creation, job retention and new investments at the FACILITY to the CITY on or before October 1st of each year during the EXEMPTION PERIOD, except as otherwise provided in this AGREEMENT, and in addition such other reports in content and the manner as required by M.G.L. c. 40, § 59(viii). In accordance with the laws of the Commonwealth of Massachusetts, the annual report shall include the number of permanent (regular), full -time jobs retained and created and the number of people hired from within the ETA annually and on a cumulative basis; the value of capital investments made with respect to the PROPERTY annually and on a cumulative basis; and a description of the utilization of local contractors, vendors and suppliers annually and on a cumulative basis. The reports shall be itemized as to the character of the work in such general categories as determined by the Building Commissioner of the City of Beverly, and shall include for each category the total investment for the reporting period and on a cumulative basis. The construction cost reflected in building permit applications, where applicable, shall operate to cap investment qualified for favorable tax treatment under this AGREEMENT. 7. If HIGHRES fails to meet or comply with the requirements of Paragraph 6 above or any of its obligations under this AGREEMENT, or if 102 CHD fails to comply with its agreement in Section 6.a above, the CITY, acting through its Mayor, may take such action as it deems to be appropriate to discontinue this AGREEMENT, including but not limited to notice to the EACC and /or a request for decertification of the PROJECT by the EACC. Upon decertification, the CITY shall immediately discontinue the Tax Increment Financing Exemption benefits described herein effective the date of such decertification. No such decertification action shall be undertaken by the Mayor until first providing HIGHRES and 102 CHD with at least sixty (60) days prior written notice, explaining in reasonable detail the grounds for decertification, and providing the defaulting party with the opportunity to correct any deficiencies within said sixty (60) day period, provided that the defaulting party exercises due diligence in the remedying of such default. Notwithstanding and without being subject to the foregoing right to correct, if HIGHRES ceases to be an operating entity, if a voluntary or involuntary petition of bankruptcy or insolvency is filed by or against HIGHRES, or if HIGHRES transfers or forfeits its leasehold interest and /or control or operation of the PROPERTY or any portion thereof (including but not limited to the FACILITY), and /or relocates the FACILITY and the PROJECT from the PROPERTY, without the prior written approval of the CITY during the term of the AGREEMENT, the CITY may request decertification of the PROJECT. If the EACC decertifies the PROJECT in response to a request by the CITY pursuant to this Paragraph, the CITY shall be entitled to recoupment from HIGHRES of the value of prior economic benefits granted by the CITY under this AGREEMENT for the time period between the date of the CITY's request to the EACC for decertification and the date of the EACC's decertification of the Project or the period commencing with the Fiscal Year immediately following the Fiscal Year in which HIRES and /or 102 CHD did not or ceased to comply with this Agreement, whichever is longer (herein, the "Recoupment Period "); said remedy shall not be exclusive and shall be in addition to any other remedy available under law or in equity. Venue and jurisdiction for any such action shall lie in a court of competent jurisdiction in Essex County, Massachusetts. .. 8. The PARTIES acknowledge and agree that 102 CHD is entering into this AGREEMENT for the sole purpose of memorializing the agreement of 102 CHD to complete the construction of the FACILITY for the PROJECT, and its acknowledgment to the terms of the EXEMPTION granted herein. The benefit of the EXEMPTION granted herein shall inure solely to the benefit of HIGHRES, as tenant of the PROPERTY. Notwithstanding anything to the contrary in this AGREEMENT, in the event that the PROJECT is decertified under Paragraph 7 above following the completion of 102 CHD's obligations to develop and construct the FACILITY, the CITY agrees to look solely to HIGHRES for recoupment of the value of any economic benefits granted by the CITY under this AGREEMENT, whether during the Recoupment Period or otherwise. 9. This AGREEMENT shall be binding upon all PARTIES to it, and shall be binding upon and inure to the benefit of subsequent owners of the PROPERTY, so long as the PROJECT has not been decertified by the EACC. 10. The matters described above as obligations of HIGHRES and 102 CHD are only conditions to the eligibility for tax exemptions under this AGREEMENT. 11. This Agreement is subject to Massachusetts General Laws Chapter 23A, Section 3A -3F inclusive, Chapter 40, Section 59, and Chapter 59, Section 5, cl. 51, 760 CMR 22.00, and any other applicable statutes and regulations (including the remedies set forth therein), all of which are incorporated herein in their entirety by reference. 12. Should any provision of this AGREEMENT be declared or determined by a court or administrative agency of competent jurisdiction to be illegal or invalid, the validity of the remaining parts, terms, and provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be a part of the AGREEMENT. 13. This AGREEMENT is expressly subject to and conditioned upon approval of the PROJECT as an approved Tax Increment Financing Agreement under M.G.L. c. 40, § 59(vii). In the event that the EACC does not approve the AGREEMENT, or the EACC decertifies the PROJECT, this AGREEMENT shall be immediately deemed null and void and /or this AGREEMENT shall terminate, with no further recourse by HIGHRES or 102 CHD. The CITY's rights under Paragraph 8 above shall survive any such termination or if the AGREEMENT becomes null and void. 14. All terms not otherwise defined herein shall have their definitions as appearing under M.G.L. c. 23A, § 3A, to the extent applicable. 15. This AGREEMENT contains the entire agreement between the PARTIES, and supersedes all prior and contemporaneous agreements, communications and understandings, whether written or oral, with respect to the subject matter hereof. Each PARTY represents and warrants that in executing this AGREEMENT it has not relied and does not rely upon any representation or statement made by the other PARTY outside this written AGREEMENT. 16. This AGREEMENT is and always will be deemed to have been made and entered into in the Commonwealth of Massachusetts, and it and the legal relations between the PARTIES shall in all respects be subject to, interpreted, enforced and governed under the laws of said Commonwealth without giving effect to the conflicts of laws provisions thereof. 17. The parties further agree that the terms and conditions of this AGREEMENT shall be construed as a whole, according to their fair meaning, and that this AGREEMENT shall not be strictly construed against any party. 100 18. The paragraph headings in this AGREEMENT are for reference purposes only, and shall not be deemed to affect the substantive meaning or interpretation of this AGREEMENT. 19. This AGREEMENT may be executed in any number of counterparts, each of which counterparts, when executed and delivered, shall be deemed to be an original. 20. Each term of this AGREEMENT is contractual and not merely a recital. 21. The PARTIES will execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. 22. The undersigned signatories do hereby represent and warrant that they are duly authorized to enter into, execute and deliver this AGREEMENT. [SIGNATURE PAGE FOLLOWS] WITNESSETH the execution and delivery of this AGREEMENT by the undersigned as an instrument under seal as of the date first above written. CITY OF BEVERLY Delaware HIGHRES BIOSOLUTIONS, INC., a corporation By: Michael P. Cahill Mayor By: Louis J. Guarracina President 102 CHERRY HILL DEVELOPMENT,LLC, a Massachusetts limitedliability company By: Stephen J. Connolly, IV, Manager EXHIBIT A The land commonly known 102 Cherry Hill Drive, Beverly, Essex County, Massachusetts, being shown as Lot B on the plan entitled "Plan of Land in Beverly, Mass." dated January 30, 2013 prepared by Hayes Engineering, Inc., and recorded with the Essex South Registry of Deeds in Plan Book 429, Plan 29. Lot B contains 5.853 acres according to said Plan. For title reference, see Deed dated September 3, 2013 recorded with said Registry of Deeds in Book 32800, Page 450. 101 102 Current Assessment FY 16 $ 1 Base Estimated AssessmentYR 1 $ 10 Tax Rate 1 $ 26.41 Levy Percent Growth 2.50% 2017 26 2018 27 256 284 10% 2` 2019 28 263 291 10% 2( 2020 28 269 298 10% 2( 2021 29 276 306 7.5% 2( 2022 30 283 313 7.5% 21 2023 31 290 321 7.5% 21 2024 31 297 329 5% 1� 2025 32 305 337 5% 1 ` 2026 33 312 346 5% 1 ` 2027 34 320 354 5% 1 f Totals 335 2 3 $20 102 March 24, 2015 Mayor Michael P. Cahill City Hall, 191 Cabot Street Beverly, MA 01915 RE: HIGHRES BIOSOLUTIONS, INC. REQUEST FOR TAX INCREMENT FINANCING AND CERTIFICATION UNDER THE ECONOMIC DEVELOPMENT IMPROVEMENT PROGRAM (EDIP) Dear Mayor Cahill: At a meeting of the Economic and Community Development Council held on Monday, March 10, 2016 members met with the President and CEO of HighRes Biosolutions, Inc. (HighRes) to review a proposed relocation of their facilities to 102 Cherry Hill Drive. The proposed relocation includes construction of an 80,000 square foot building to house the world headquarters for HighRes and including space for office, Research and Development, manufacturing functions. In addition to construction of the new facility site improvements will be made to accommodate loading facilities, 260 parking spaces, and stormwater management infrastructure. The proposal includes a request that the City consider a Tax Increment Financing (TIF) agreement and assistance in preparing an application to Massachusetts Office of Business Development (MOBD) underthe Economic Development Incentive (EDIP) program. HighRes is eligible for additional incentives and program support through the Massachusetts Life Science Center. Benefits of the project as proposed will include a guarantee by HighRes to invest at least $10.5 million in site and building construction along with an additional and $1 million on machinery and equipment. As part of its relocation to Beverly HighRes bring approximately 100 employees from its current facility and create approximately an additional 200 high wage and high skilled jobs over the life of the TIF. Based on the foregoing and the contents of the project proposal members voted unanimously in favor 6 -0 to recommend the City support implementation of a TIF agreement and EDIP applications be forwarded to the City Council for consideration. Members voting in favor of the recommendation citing the following reasons for doing so: • The number of new jobs created as a result of the move and construction of a new high - technology facility at 102 Cherry Hill Drive a majority of which include well paying engineering positions (including mechanical, electrical, and software) making over $100,000 annually; • The estimated additional tax revenue of derived from HighRes' planned and promised investment in building construction during and over the life of a TIF Agreement will far outweigh current tax revenue of the subject property; 103 • The economic development contemplated by the application is consistent with the City's economic development goals, policies, and objectives as outlined in the Master Plan; At your request, I would be happy to meet with you to discuss the committee's recommendation in greater detail. Respectfully, Paul Guanci Chairman PG /ac cc: Aaron Clausen, Planning Director Terry DeBlasie, City Assessor Bryant Ayles, Finance Director ORDER APPROVING TAX INCREMENT FINANCE AGREEMENT WHEREAS, HighRes Biosolutions, Inc.. ( "HighRes ") seeks and intends to enter into a long term ground lease for the property located at 102 Cherry Hill Drive, Beverly, MA 01915, City Assessor's Map 65 parcel 3, from 102 Cherry Hill Development, LLC (the "PROPERTY "), for the purpose of an expansion project that will include significant capital investment and local job retention and creation, and intends to submit an application under the Commonwealth's Economic Development Incentive Program requesting certification the project as a "Certified Project" under M.G.L. ch. 23A; WHEREAS, the Commonwealth has designated the cities of Beverly and Salem as jointly comprising an Economic Target Area ( "ETA ") pursuant to M.G.L. Chapter 23A, Section 313; WHEREAS, the Council supports HighRes' proposed expansion project in the ETA and within the City's priority development area, which includes but is not limited to investing approximately $10.5 million in the construction of a new building and the renovation of an existing building on the PROPERTY, and an additional $1 million in investments towards machinery and equipment, as well as the relocation and /or creation of a significant number jobs at the PROPERTY that will require predominantly highly - skilled workers; WHEREAS, HighRes intends to relocate its international headquarters to the PROPERTY; WHEREAS, the Council finds that HighRes' proposed expansion project is consistent with the economic development goals of the Beverly Master Plan, and; WHEREAS, the Council finds that the proposed expansion project will not overburden the City's municipal services, existing infrastructure, or current utility services, and presents a significant opportunity to increase employment opportunities for residents of Beverly /Salem ETA, thereby improving economic conditions within this area, and; WHEREAS, the Council supports the use of tax increment financing as a mechanism to encourage economic development within the ETA and the City of Beverly's priority development area; NOW THEREFORE it is ORDERED that: The Mayor is authorized to execute the Tax Increment Financing Agreement attached hereto, and is further authorized to modify the Agreement in order to correct 104 typographical errors, scrivener's errors and /or to make other corrections or modifications that do not alter the substance of the agreement. The City Council further authorizes the submission of an application to the Massachusetts Economic Assistance Coordinating Council for certification of a local TIF agreement in connection with the Economic Development Incentive Program Adopted this 2nd day of May, 2016. Michael P. Cahill, Mayor ATTEST: D. Wesley Slate, Jr., City Clerk Referred to Finance & Pro Date Date Communications from other City Officers & Boards: None Communications, Applications & Petitions: #102 Application — License to Peddle — Jeffrey Dean, 78 Brimbal Avenue Referred to Legal Affairs #103 Application — License to Peddle — Nicole J. Birarelli, 40 Western Avenue Referred to Legal Affairs #104 Communication —American Legion re: Memorial Day Parade Receive and Place on File — Vote: 8 -0. #105 Application — License — Fortuneteller — Sophia Andrianopoulos, 11 Sunset DR Referred to Legal Affairs 105 Unfinished Business: None Final Passage: #067 - Stop Sign @ Overlook & Echo Avenues ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year Two Thousand and Sixteen, An Ordinance Amending an Ordinance relative to: Chapter 270 "Vehicles and Traffic ", Amending Section 270 -25 "Stop Intersections" as follows: ADD: (B) Overlook Avenue at its intersection with Echo Avenue First Reading: April 19, 2016 Second Reading: May 2, 2016 Ordinance to take effect upon Publication and Final Passage Final Passage: May 2, 2016 Order read once and adopted. Vote: 8 -0. #068 - Stop Sign @ Reservoir & Sohier Roads ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year Two Thousand and Sixteen, An Ordinance Amending an Ordinance relative to: Chapter 270 "Vehicles and Traffic ", Amending Section 270 -25 "Stop Intersections" as follows: ADD: (B) Reservoir Road at its intersection with Sohier Road First Reading: April 19, 2016 Second Reading: May 2, 2016 Ordinance to take effect upon Publication and Final Passage Final Passage: May 2, 2016 Order read once and adopted. Vote: 8 -0. #081 - Sunday Closings ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year Two Thousand and Sixteen, An Ordinance Amending an Ordinance relative to: Chapter 192 "Licenses and Business Regulations ", Section 192 -21 "Hours of Operation" By DELETING the phrase, "9:00 p.m. to sunrise of the following morning" and By REPLACING it with the phrase 10:00 p.m. to 6:00 a.m. of the following morning" and By DELETING the sentence: "No trading shall be done on Sundays." 106 The Section, as Amended, will read: Hours of operation The shops referred to in this article shall be closed from 10:00 p.m. to 6:00 a.m. of the following morning, and no keeper of such shop shall purchase or sell any of the items mentioned in this article during such hours. First Reading: April 11, 2016 Second Reading: April 19, 2016 Ordinance to take effect upon Publication and Final Passage Final Passage: May 2, 2016 Order read once and adopted. Vote: 8 -0. Reports of Committees: #092 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Budgetary Transfers for Shortfalls & Capital Projects, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted. Vote: 8 -0. #100 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: TIF — HighRes Biosolutions, Inc. — 102 Cherry Hill Drive, have considered said matter and beg leave to report as follows: Recommend the Council approve the Request Order read once and adopted. Vote: 8 -0. #094 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor re: Reappointment — Constable Timothy J. Rubchinuk, 4 Shortell Avenue, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointment Order read once and adopted. Vote: 8 -0. . U11Y The Committee on Legal Affairs, to whom was referred the matter of Application for License to Peddle — Jeffrey Dean, 78 Brimbal Avenue, Ice Cream, Candy, Drinks, have considered said matter and beg leave to report as follows: Recommend the License be granted Order read once and adopted. Vote: 8 -0. 107 #103 The Committee on Legal Affairs, to whom was referred the matter of Application for License to Peddle — Nicole J. Birarelli, 40 Western Avenue, Lobster Rolls, Chowder, Hot Dogs, have considered said matter and beg leave to report as follows: Recommend the License be granted Order read once and adopted. Vote: 8 -0. #105 The Committee on Legal Affairs, to whom was referred the matter of Application for Fortunetellers License — Sophia Andrianopoulos, 11 Sunset Drive, have considered said matter and beg leave to report as follows: Recommend the License be granted Order read once and adopted. Vote: 8 -0. Motions and Orders: None Meeting Adjourned: 9:25 PM Attest: D. Wesley Slate, Jr. City Clerk W