HomeMy WebLinkAbout1989-05-08 89-204 ORDERCouncil Action
Date 5-6-89
Item No. 89-204
Item/Subject: Granting Tax Abatements to Rainer Suletzki, Herbert
Reed and Rick Bronson Productions, Inc.
Responsible Department. Assessing -
The purpose of this Order is. to authorize the abatement of personal
property tax assessments informally approved, but not officially
granted prior to the creation of the new Board of Assessors.
36 M.R.S.A: 5841(1) provides in relevant part that: "The assessors,
within one year from commitment, or the municipal officers, thezeafte
but within 3 years from commitment, upon written application or on
their own
initiative, stating the grounds therefor, may make such
reasonable abatement as they think proper tocorrect any illegality,
error or. irregularity in assessment, . . .
De}:nmot Hardd,y.
Manager i comments;
p�p 0 O
..-.. .. -._. .. Plass, Drr.
e or
Legal Approval
. City ale or.
Introduced for
Coasters page � of �
❑flret Reading
U Refeval
4n
Associated Information:
Order,
Memorandum
-
..-.. .. -._. .. Plass, Drr.
e or
Legal Approval
. City ale or.
Introduced for
Coasters page � of �
❑flret Reading
U Refeval
89-204
Assigned to CauncBw Shubert, May 8, 1989
CITY OF BANGOR
(TITLE.) (OrbEit .... Granting Tax..Abatemeuto to. xa sul.etzxi, _....
Herbert Reed and Bronson Productions, Inc.
---.... ..... ................_ __. .............. __.
By tie CyY Cennnfl ofnw atY afDanynr.
ORDRRRD,
TEAT Rainer Suletzk,i, Herbert Reed, and Rick Bronson
Productions, Inc. be granted personal property tax abatements
pursuant to 36 M.R.S.A. S 841(1) as described and for the
reasons stated in a Memorandum addressed to the Bangor City
Council from the City of Bangor Board of Assessors, dated
April 6, 1989, a copy of said Memorandum being on file in
the office of the City Clerk.
In City Council July 10.1989
Passed
�ieesf�s M f lk�
City Clerk
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Assigned to
4( ...............
Councilman
89-206
Binger, the center o%.naive -. be Carexay m lNbmk Nu,b Hoods an.l Sc+shure Reruns
C49 of angor, C aine
ASSESS" A DEPART. eRT
April 6, 1989
TO:
MEMBERS
BANGOR CITY
COUNCIL
FROM:
BOARD of
ASSESSORS
ON,
C49 of angor, C aine
ASSESS" A DEPART. eRT
April 6, 1989
TO:
MEMBERS
BANGOR CITY
COUNCIL
FROM:
BOARD of
ASSESSORS
REFI Herbert Reed, Frick B, Rainer Suletski , Personal
Property abatement requests.
Two o' the above taxpayers have requested a,abatement in their
fiscal year '88 tan and one in their fiscal year 'E] tax.
When they were on the $_endo at one
oumeetings to present
their requests informed each had met with Mr. Phillips amd
an ad)Csemant had not been made. At their meeting
with Mr. Phillips each was under the impression an adjustment
would be made on their assessments.
As
As youeaware the
Board may only make abatement within one
year fromdateof commitment. As Municipal Officers you may make
such a. abatement. He are asking for these three individuals that
such an abatement be a anted by you.
The Board feels that they w n
mnfored as to what w actually
being abated when they met with Mr. Phillips. Members of the
office remember Mr. Bronson and Mr. Reed Ciscussina this with Mr.
Phillips.
Mr. Reed states nothing was ever done from his hearing. He wishes
abatement from a estimated $15,000 valuation to a declared
vn
valuation of $3,000 for .the fiscal tai: year 1988. This would
abate his tai: from 6304.50 to $60.90.
Mr. Bronson requests an abatement from an estimated 568,100
valuation to a declared valuation of $16,900 for the fiscal tax
year 1987. This would abate his tax from $2,757.53 to I=S -97.
Mr. Buletski states he was not in business as of April 1, 1987 and
wishes his taxes abated for fiscal tax year 198B in the amount of
1203.00.
yyyaaa E
ll d
JUN 291989
TO: Bangor City Council
FROM: Bangor Board of.Assessment Review MY Apt AGEVS oma
SUBJECT: Granting Abatement to Three Taxpayers
DATE: June 28, 1989
At the regular City Council meeting of May 8„ 1989; -the -City.
Council considered whebher.no grant personal property tax , -
abatements to Rainer Sulefski, Herbert Reed d/b/a Danny's and -
Rick Branson Productions, Inc. These requests for abatements were
presented initially to the Board of.Assessors at different, times
by the three parties andare for requested relief under 36 MRSA -
,Section 841(1). The three cases. have now been consolidated for "
the reason of efficiency but eachrequiresits own consideration
on its own merits.
When these requests 'came before the Council on .May 8, 1989,. -
you referred the three requests to the Board of Assessment Review
for consideration and/or recommendation.
The Board of Assessment Review met on June 2J;.-1989, and.
consideredeach request individually. After discussion on the
issue of jurisdiction of the Board to grant the requested relief,
each matter was presented and discussed. Three votes were taken. -
Those votes w -
1. That the Board of Assessment Review recommend
that the request for abatement brought by Rick -
Bronson Productions, Inc.be granted -by the City .
Council. -
2. That the Board of Assessment Review r ommend
that the request for abatement brought by Herbert
Reed d/b/a Danny's be granted by the City Council. -
fr, R a y
3. That the Board of Assessment Review recommend
that the request for abatement brought by Rainer -
Suletski be granted by the City Council.
As has been spaced inthe.firstparagraph of this
communication, these particular abatements were sought pursuant
to the terms .of 36 MRSA Section 841(1). That. law provides thatif
abatement requests to correct any illegality, error or
.,irregularity in asssessment are to be granted the assessors can
grant the request if it is made within one year from commitment.
The 'municipal officers"a n grant. the request if the request is
made within three years ofcommitment and falls outside of the
e year limit within which the assessorscan act. Each of the
above three matters fall within the three year of commitment term
but involve more than one year from the date of commitment of the
tax as each involves either F/x.1987 or F/Y 1988 taxes.
The jurisdiction of the Board of Assessment Review to grant
relief is found in 36 MRSA. Section 843 in the. manner and method
described there, not Section 841(1). The Board.of Assessment
.'Review to which you. referred the matters on May 8, 1989 are not
the "municipal officers" who are authorized to act under 36 MRSA
Section 841(1). Therefore we pass along for your consideration
our recommendations only. The recommendations were voted -
affirmatively after areview of the facts of each case.
Opf-a>1/
The Board thanks you for this opportunity you presented it
to come together to be of service to the City of Bangor. We have
from the experience been able to organize, to develop a Petition
for Review document for use in future cases and to develop an
understanding of how hearings before the Board of Assessment
Review will be conducted. The Board of Assessors and the City
Solicitor have been very helpful to us in our developing stages
as a Board.
rth K kndler
nth R. Chan ler
Boarof
Board d of Assessment Review
frg_' a J
TO: Bangor City Council
,FROM: Bangor Board of Assessment Review
'SUBJECT: Granting Abatement to -Three Taxpayers
DATE: .lune 28, 1989 _
At the regular. City Council meeting of May 8, 1989, the City
Council considered whether v to grant personal property tax
abatements to Rainer Suletski, Herbert Reed d/b/a Danny's and
Rick Bronson Productions, Inc. These requestsfor abatements were
presented initially to the Board of Assessors at dif Ferenc times
by the three parties and are for requested relief under 36 MRSA
Section 841111,. The three cases have now been consolidated for
the reason of efficiency but each requires its own consideration
on its own. erica.
when these requests came before the Council. on May 8, 1989,
you referred the three requests to the Board of As-sessment Review
for consideration and/or recommendation.
The Board of Assessment Review met on.June 27, 1989, and
considered each request individually. After discussion on the
issue of jurisdiction of the Board to grant the requested relief,
each matter was presented and ":discussed. . Three votes were taken.
Those votes were.
1. That the Board of Assessment Review recommend.
that the request for abatement brought by Rick
.,Bronson Productions, Inc. be granted by the City
Council.
2. Thai the Board of Assessment Reviewrecommend
'hat the request for abatement brought by Herbert
.Reed d/b/a: Danny's be granted by the City Council.
3. That the Board of Assessment Review recommend
that the Suletski.bequest r grantedbybthement CitybCouncil-ht Rainer
As has been stated in the first paragraph of this
communication, these particular abatements were sought pursuant
to the terms of. 36 MASA Section 841.(1). That law provides that, if
abatement requests to correct any illegality, error or
regularity inssessment are to be granted the a,s ssors can
grant the reques eif it is made within one year from commitment.
The cipal officers" can grant the request if the request is
made within three years of 'commitment and falls outside of the
one ye r limit within which. the ass can net. Each of the
abovethree matters fall within the three year OF.commitment term
butinvolve more than one year from the date of commitment Of the
tax as each involves either F/Y 1987 or F/Y 1988 taxes.
The jurisdiction of the Board of Assessment Review to grant
relief is found in 36 MRSA Section 843 in the. manner and method
described there, not Section 841(1), The Board of Assessment
Review to which You refitted the matters on May 8, 1989 are not
'theicipal officers" who are authorized to act under 36 MRSA-
- Section 841(1). Therefore we pass along for your. consideration
r recommendations only. The recommendations were voted
affirmatively after a review of the facts of each case.-
The Boardthanksyou for this opportunity you presented it
to come together to be of service to the City of Bangor. We have
from the experience been able to organize, to develop a Petition
for Review' document for use in future cases and to develop an
understanding of how hearings before the Board of Assessment .
Review will be conducted. The Board of Assessors and the City
Solicitor have been very helpful to us in our developing stages
as a Board.
K_
- reh.R. C an er
Bo -
airman -
- Board of Assessment Review '