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HomeMy WebLinkAbout2016-05-19-BASS-minBoard of Assessors Meeting Regular Session Minutes May 19, 2016 A Meeting of the Board of Assessors was held on May 19, 2016 at 8:45 a.m. located in the Ellen Stone Meeting Room of the Cary Memorial Building. In attendance: Gregory Johnson, Chairman, Edmund C. Grant, Member, Casimir Groblewski, Member, Robert F. Lent, Director of Assessing, and Sandra Pentedemos, Administrative Assessor/Office Manager. Upon motion duly made and seconded, the Board of Assessors roll call 3-0, began at 8:50 a.m. Public Comment Time: Present on behalf of Brookhaven at Lexington located at 1010 Waltham Street was Board of Trustees Officers; James M. Freehling, CEO/President; Jeanne Krieger, Chair; Jamie Katz, Secretary; Walter Leutz a Trustee. Mr. James Freehling, President & CEO of Brookhaven at Lexington presented with an opening statement that Brookhaven is a non-profit charitable healthcare facility. Mr. Freeling presented a memorandum from Brookhavens' Board of Directors and management of Brookhaven, including the Residence and Care Agreements of the property located at 1010 Waltham Street for the Board of Assessors review in determining assessment status of their property. Mr. Freeling strongly expressed their concerns as follows: "Since 1989 Brookhaven was entitled to tax exempt status with the Town, as an organization that provides healthcare and housing to elderly citizens. In 1989 Brookhaven and the Town negotiated and entered into a PILOT agreement, and expressed that their non-profit charitable healthcare facility remains unchanged. Brookhaven is strongly opposed to the assertion that it should begin paying taxes as if it were a for-profit entity. Brookhaven's proposal has offered to negotiate the terms of a new PILOT, and remains willing to do so. In the event that Brookhaven does not reach an agreement with the Town, Brookhaven will consider all of its options, including exercising its rights of an appeal with the Commonwealth of Massachusetts. Jamie Katz, [also an Officer/Secretary of Brookhaven]; presented himself to the Board of Assessors as the General Counsel for the Trust of Beth Israel Deacones and Children's Center (a medical practice facility) located on 300 Bedford Street. Spoke openly to the Board of Assessors that the Beth Israel Hospital has a PILOT agreement with the City of Boston, Chelsea and Chestnut Hill. He stated that Beth Israel is willing to negotiate a PILOT agreement with the Town, should the Board of Assessors determine a taxable status for their use and occupancy of their hospital facility. Board member, Edmund Grant stated he will be recusing himself from deliberation and voting on the Brookhaven matter. Page 2: Board of Assessors Meeting Regular Session Minutes May 19, 2016 After all parties spoke, Gregory Johnson, Chairman closed with a statement that the members are reviewing the tax exempt properties returns of their Form 3ABC's which include the Form PC's/990's income, their ownership, how each are organized with the Commonwealth including the Articles of Organization, and how each property is occupied. Members of the board all stated the consideration of past court cases is part of the review, and will present to Town Counsel prior to determining the fiscal year 2017 assessed valuations. They stated they do not wish to respond to any correspondence at this time. They will consider the information provided at this meeting and reconsider later if want to provide a vocal position at a later time. Upon motion duly made and seconded, the Board of Assessors went into Executive Session at 10:40 a.m. to discuss the items as listed on the Agenda. Executive Session The Board reviewed and discussed seven (7) Fiscal Year 2016 Statutory Exemption Applications: One (1) Clause 41A Tax Deferral Exemption One (1) Clause 41C Elderly Exemption Five (5) Community Preservation Surcharge Chapter 44B Exemptions • Motion was made and seconded, to deny the one (1) Clause 41A • Motion was made and seconded, to deny one (1) Clause 41C Elderly. • Motion was made and seconded, to deny one (1) of the Community Preservation Surcharge. • Motion was made and seconded, to approve the remaining four (4) Community Preservation Surcharges. There were no Fiscal Year 216 Real & Personal Abatements to review and discuss. There was no review or discussion of previous held Meeting Minutes. Upon motion duly made and seconded, the Board of Assessors adjourned the Executive Session at 11:15 a.m. and return to Regular Session of the Meeting. Page 3: Board of Assessors Meeting Regular Session Minutes May 19, 2016 Robert Lent, Director of Assessing presented the Appellate Tax Boards discussion of a settlement agreement for the MCI taxpayers fiscal year 2004 through 2016 and the impact of the Overlay with the Board of Assessors to consider any surplus of appropriations from fiscal years. Rob Addelson will review the pending Appellate Tax Board Appeals that Robert Lent had presented. The next scheduled Meeting is to be determined in June of 2016. There being no other business a motion was duly made and seconded at 11:30 a.m. to adjourn the Meeting. A true record: Attest Sandra Pentedemos Meeting Secretary