HomeMy WebLinkAbout2016-07-20-BASS-min Board of Assessors Meeting
Open Session Minutes
July 20, 2016
A Meeting of the Board of Assessors was held on July 20, 2016at8.45e.m. in the Selectmen's Meeting
Room of the Town Hall Building. In attendance: Gregory Johnson, Chairman, Edmund C Grant, Member,
Casimir Groblewski, Member, Robert F Lent, Director of Assessing,and Sandra Pentedemos,
Administrative Assessor
Upon motion duly made and seconded,the Meeting was called to order at 8 45 am.
Public Comment Time. Chairman Gregory Johnson welcomed the public.
Brookhaven CEO Mr James Freehling,Administrator Sue St. Patrick, Board Member Mr Jamie Katz, and
other members of Symmes Life Care, Inc.,dba Brookhaven at Lexington an Assisted Living facility of 1010
Waltham Street were present. Mr Freehling addressed the Board and summarized the details of
Brookhaven's organizational charter According to Mr Freehling, Brookhaven is a traditional non-profit
charitable organization duly registered with the Commonwealth of Massachusetts. He pointed out that the
Articles of Organization do not allow for distributions of income to Brookhaven's Directors and Trustees. Mr
Freehling identified Brookhaven as a 501(c)3. Further, he stated that Brookhaven has life care contracts
with its residents, and it has benevolent reserve funds that allow residents to remain at the facility if their
assets are spent down. Brookhaven also has no parent company The trustees of Brookhaven serve on a
voluntary basis. Brookhaven has a tradition of social accountability and as part of that mission offers use of
its facilities to local community groups at no charge. Mr Freehling also stated that Brookhaven has had a
Pilot Agreement(Payment In Lieu Taxes)with the Town for over 30 years and that that agreement was
amended by Town Meeting in 2004
Brookhaven Board member and Treasurer Mr Jamie Katz described his previous role with the Attorney
General's Office as Chief Non-Profit Regulator Mr Katz then stated that Brookhaven is a classic,
independent charitable organization providing continuing health and life care on site. Its Articles of
Organization,filed with the Commonwealth of Massachusetts, specify that no income distributions may be
made to its Directors. The rental fees charged to its resident include health care. The fiduciary duty of the
Treasurer includes oversight of the expenditures for salaries,operations, and sustainability Brookhaven at
Lexington's expansion plans were presented to Town Meeting this past spring but have been put on hold
until this Board reviews the submitted 3ABC and additional information that the Board has requested from
Brookhaven, and then makes a determination as to the tax-exempt status of the organization.
Attorney Dean Richland, outside counsel for Brookhaven at Lexington, stated that the dominant mission of
Brookhaven is to be a charitable, benevolent, health care assisted living facility Attorney Richland described
a breakdown of the percentages of the health care and assisted living for the residents as previously
provided to the board He also asked the Board to consider a review of Chapter 93 Section 76,also
referring to a ruling in the Appellate Tax Board case with the City of Cambridge Assessors versus New
Habitat,which provides residential, medical and rehabilitative services for brain injured individuals.
Ms.Jeanne Scianna of Youville Place, Inc.,dba Covenant Health Care,an assisted living facility located at
10 Pelham Rd,spoke of Youville Place's filing status with the Commonwealth of Massachusetts as a non-
profitchahtob|aurgonizo0on. daucribingYouxiUo'aArtic|000fOrganiza1ion'oondoxp|ainingthat there is no
income distribution to any Directors.The facility is also certified with the Department of Elder Affairs and with
the Federal Government as a 501(c)3 non-profit. She cited the history of the Grey Nuns,a religious order,
and the approval at Town Meeting back in 1987 of the establishment of Youville Place,with the requirement
that 20 units of the 95 units give preference to the residents in Lexington.Youville Place also offers low to
moderate subsidized rents on some units,with the major orientation of providing health care to its residents.
Ms. Scianna also noted that the facility includes an Alzheimer's care unit and assisted living for residents of
the facility
Ms. Scianna also referred to Youville's memorandum with the Grey Nuns,who obtained Town Meeting
approval in 1986 along with Zoning approval in 1996 requiring permanent restrictions of green space facing
Tower Park.
Page 2
Continued
Board of Assessors Meeting
Open Session Minutes
July 20, 2016
Rob Addelson,Assistant Town Manager for Finance and Town Counsel, Mr Mina Makarious were present
for public comment.
Chairman Greg Johnson made a motion that the Board of Assessors go into Executive Session, under
Purpose 7 in order to deliberate the 3ABC Tax Exempt status that would be detrimental in Open Session
and no decision will be made at this time.
Roll call vote, 3-0 in favor to go into Executive Session at 10:00 a.m.
EXECUTIVE Session occurred here: detikomovbanievvadinoaporetaEXECUTVESeoeionfo|der
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 30
a.m.and returned to Open Session of the Meeting.
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There being no other business a motion was duly made and seconded at 11 45 a.m.to adjourn the Meeting
Board of 0.e sors:
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A true record: Attest Sandra Pentedemos
Meeting Secretary