HomeMy WebLinkAbout1995-10-10 95-438 ORDERCOUNCIL ACTION
Item No. 95-438
Date October 10 1995
Item/Subjects Directing City Solicitor to Dismiss Pending Appeals
at State Board of Property Tax Review (Personal Property Tax
Account - 57155 - Coles express, Inc. - FY 1994 5 1995).
Responsible Department: Assessing
See Memo Attached.
Dopa tment Read '
Manager's Comments:
Associated Information: Order
Finance Director
Legal ,yApproval:
F ✓
City Solicito
Introduced For
Passage
First Reading
Referral Page of _
95-438
Aeogned to Courcgor TylerOctober 10, 1995
CITY OF BANGOR
Directing City Solicitor to Discuss Pending Appeals
M) giber - _.. ...._...._ -... _y .....
at State Boa& of Property Tax Review (Personal Property Tax
Account - 57155 - Coles Express, Inc. - Py 1994 6 1995)
BPW Buy Ceuaee of W car OfBsayor.
1'IU' I
TEAT The City Solicitor is hereby directed to take all
necessary action to dismiss the following appeals now pending
before the State Board of Property Tax Review affecting personal
property tax assessments by the City of Bangor against Coles
Express, Inc. account no. 57155 (PP), for municipal fiscal years
1994 and 1995:
State Board docket no. 95-002
State Board docket no. 95-159
. Upon dismissal of the pending appeals, the City Treasurer Is
directed to issue refunds of personal property tax overpayments for
the years concerned to Coles Express, Inc. in the following
amounts:
Py
1994 -
$11,000.00
Ty
1995
20.695.40
Total
$31,695.40
In addition to the amounts stated, the City Treasurer shall refund
interest at thestatutory rate for tax overpayments..
INCITY COUNCIL,, 95-438
October 10, 1995
Passed - 0 R D E
CITY CLEM Title, Directing City Solicitor
to Dismiss Pending Appeals at State
Board of Property Tax Revlev (Personal
Express, Tex AeeeGfii994 A 1995 cdiee
- Express, Inc. - FY 1994 d 1995)
,..tea .......
A gn dto
.... .." "`�o n yap .
MEMO
RE: Coles Express, Inc.
95-438
For the past two years, the City of Bangor has been
volved in a dispute with Coles Express, Inc. over the number of
cargo trailers owned or leased by Coles Express that are taxable as
personal property by the City of Bangor. Title 36 MRSA Section 603
(1-A) provides a taxable situs for cargo trailers as follows:
1-A. Cargo Trailers. A cargo trailer shall be
taxed in the place where it is primarily located
on April let, even though the cargo trailer may
not be present in that place on April 1st.
For purposes of this subsection, "primary location^
means the place where the cargo trailer is usually
based and where it regularly returns for repairs,
supplies and activities related to its use.
Motor vehicle registration lists supplied by the Maine Bureau of
Motor Vehicles show that as of April 1, 1993, Coles Express, Inc.
had registered 349 cargo trailers in Maine as being owned by
Coles. As of April 1, 1994 the number registered was 282. On
April 1, 1995, the number registered was 668. In addition, Coles
was leasing same 266 cargo trailers for its own use as of April 1,
1994. on April 1, 1995, Coles Express was leasing 102 cargo
trailers for its own use.
Based primarily on the Bureau of Motor Vehicles'
registrations, the City Assessor originally assessed Coles Express,
Inc. for 294 cargo trailers in PY 1994 and for 292 cargo trailers
in FY 1995. Coles appealed each assessment to the City's Board of
Assessment Review, which reduced the number of trailers to 44 for
FY 1994 and 66 for FY 1995. The City appealed both decisions to
the State Board of Property Tax Review. A hearing has been
scheduled before the State Board for November 14, 1995.
Coles Express, Inc. has continuously maintained that the
large majority of its cargo trailers are not •'primarily located" in
Bangor because they operate throughout Coles Express' market area,
consisting of the northeast United States and portions of Atlantic
Canada. Coles Express maintains four terminal locations in the
State of Maine (Bangor is the largest of these), as well as a
number of service locations Outside the State. All Cargo trailers
purchased by Coles Express are registered in the State of Maine, in
part because registration in other states is more expensive.
Maintenance and ownership documents on the entire cargo trailer
fleet are maintained at the Bangor terminal, which also houses
maintenance and transfer facilities and Coles Express, Inc.'$
corporate headquarters.
95-438
-2-
The City's position in these appeals has been that absent
evidence of taxation of particular cargo trailers in another State
r by another municipality in Maine, and absent compliance with
information requests sent to Coles Express, Inc. by the City
Assessor pursuant to 36 MRSA Section 706, ColeS Express, Inc.'s
cargo trailer fleet in taxable by the City of Bangor as personal
property.
Following the City's appeal of the Board of Assessment
Review's decision granting an abatement of Coles Express, Inc.'s
FY 1995 personal property taxes, Coles Express initiated
discussions with the City Assessor through the City Manager's
office. As a result of those discussions, Coles express, Inc. has
provided the City with su9pl emental information regarding its
cargo trailer fleet operations for Py 1994 and 1995. The City has
had an opportunity to evaluate the information, which indicates
that on the basis of total fleet mileage, total tonnage, and total
revenue, operations attributable to the Bangor terminal range from
14.9% does to 2.8% of Coles Express, Inc.'s total operation,
depending on the particular month and basis of the comparison.
Bangor's share of the company's total operation have trended
downward as Coles Express, Inc. has expanded its fleet and market
area since FY 1994.
Based on the new information provided by Coles Express,
Inc., it appears that the number of cargo trailers "primarily
located' in Bangor is lower than the number of trailers for which
the
railersadoeshas
inbeen
factassessed,
correspondand
t that
the nhe corumbers Mound by ef
the
City's Board ofAssessment Review for each of the years
concerned. Accordingly, it is appropriate for the City to dismiss
our pending appeals before the State Board of Property Tax
Review. The attached Council Order would direct the City
Solicitor to dismiss the pending appeals. Upon dismissal of the
City's appeals, the previous decisions of the Board of Assessment
Review will take effect. The net effect of the attached Council
Order will he a refund of $31,695.40 in personal property tax
Overpayments, plus interest, to Coles Express, Inc. We have
previously reserved sufficient funds against the possibility of an
adverse result in the pending appeals.