TOWN COUNCIL MEETING

TOWN COUNCI= L MEETING

September 1= 5, 2009

PLEDGE OF ALLEGIANCE

COUNCIL PRESENT: Audrey Wilcox, Nicholas Wood, Frederick Gifford, Lillian Coulter and Chairman Oscar Emerson

OFFICE STAFF: Melissa Doane, Town Manager and Virginia= Oakes as note taker

OPEN TOWN COUNCIL MEETING: Councilor Emerson opened me= eting at 6:30.

REVIEW OF MINUTES: Councilor Gifford motioned to accep= t the 9/1/09 minutes as presented or with discussed changes. Councilor Coulter se= conded the motion. Councilor Wilcox made note of Page 6, Paragraph 4, phrase “she could” should be “he should” Vote 5-0. Motion carried.

DISCUSSION WITH MARK GIBSON: Chairman Emerson stated t= hat due to last meeting’s discussion regarding reassessment of properties in Bradley. Council was able to answer questions regarding budgetary issues and what influenced the tax rates as far as the revenues and expenditures but c= ould not answer the methodology and some of the applications to the assessment. = Some questions and comments that were made were, it was the impression of some residents that some of the revaluations did not appear to be consistent or fair. Another resident stated that her value went up 40% another went up 50% and the change isn’t always on properties. Others said they had received re= cent appraisals which varied from the Town’s valuation. Also it was asked how current market values would have reflected on these values.

Mark Gibson addressed the audience by explaining, “When doing a revaluation the job is to equalize the assessments of the community= to make sure that everyone is treated the same. It has been 19 years since the last revaluation which was 1990. The market place has changed, even though nothing may have occurred to change on your property, the appearance of it,= the passage of time effect the value of it. There are going to be differences in different neighborhoods. The most extreme example would be Chemo Pond. Those properties 19 years ago were no where near the value they have today, the l= ast 6 or 7 years, they have taken on an enormous value. They have changed dramatically going up several times. Properties in Town didn’t change that much. Where one person may say their property went up 60%, people on Chemo = Pond went up 300%. It’s not going to necessarily all going to be the same change= to everyone. Things have changed, people have made additions to their property= , or deleted something like a shed or barn, and in addition to that sometimes the opinion of the appraiser is different today than it was back then. They may find that something should have been more or less than it was back then, ma= ybe a higher grade or a lower grade. Mr. Gibson directed attention to property = tax bulletins of the Maine Revenue Service. These are given to Town officials a= nd people working in assessment to give them guidelines as to how they are to conduct their business. He read property tax bulletin number 10. A property valuation may be increased from that of the previous year even though nothi= ng has occurred to increase the worth of the property if the assessor find that the previous year’s valuation have been less than it should have been. That= ’s just from one year to the next. Even if the is no evaluation taking place, = if the assessors determine that they made a mistake last year are allowed to correct that mistake. That’s what the revaluation is all about. Once we’ve = got that pricing schedule and test that pricing schedule against the known sales that have taken place in this town over that last number of years, and I ha= ve well over 100 sales that have taken place, and I test that schedule and if = it hits those sales with some degree of regularity, now we’re talking about averages now, so it’s not going to hit every one every time, some it’s goin= g to be under, some it’s going to be over, there’s an average there. Once I do t= hat, I get that schedule to work, and then I’m going to apply that schedule to everybody’s property and use it across the board. I will make adjustments f= or square feet of living area, quality of construction, age, condition, locati= on. Those 5 features are going to make major differences in your assessment. It= has a great deal to determine how much it’s assessed at more than anything else= .

Betty Agrell: Will you say those 5 things again?

Mark Gibson: Age, quality of construction, square feet= of living area, condition and location.

Jeff Morin: I have a camp on Great Works Stream. I loo= ked at all the camps that were on Great Works Stream and just = to briefly run down through, bare with me a few minutes. Delaware’s went up 14= %, Gifford’s 16%, Virgie’s 21%, Oleary’s 24%, Mart= in 26%, Newkirk 26%, Agrell 33%, Degrasse 43%, Trimm 45%, Shorette 46%, Baker 48%, Salisbury 59%, La= voie 61%, Tommy Ouellette 63%, Ricky Ouellette 88%, Crawford 98%, Morin 112%. My question is and I’ll go back to average, let’s deal with quality, age and condition first. I’ll first speak of Mr. Ouellette’s camp. His camp was bui= lt in the late 1900s, log cabin, quality of condition 88%. The average between= the 14 and 112 as you were speaking average in the area is 48%. Mine being 112%= , it seems…

Mark Gibson: Do you have a new addition on the propert= y that had not been accounted for? You have an addition that was not accounted for, I also see a pipe going in the ground which indic= ates the presence of a septic system.

Jeff Morin: No sir, if you look at the plumbing permits you’ll find that there is a gray water system. We’re getting off the subjec= t.

Mark Gibson: These are things you need to come in and discuss with me one on one and then I can answer your questions because I d= on’t have records here.

Jeff Morin: Why if most of the camps out there such as Salisbury, the newer ones, and I look at the old ones, 88% seems out of the norm, just looking at age, condition, quality, if went up the stream and saw that camp, that’s not one of the newer ones, not one of the better maintain= ed ones, it seems way up...then you take the stream area if you call that a st= ream such as Chemo, I don’t think Great Works Stream would be comparable to a st= ream per say. So my question is how can we have a span if we are going up and looking at the properties that have been repaired or maintained even…keep m= ine right out of it…mine and the 2 new ones Salisbury and myself, mine was buil= t in 1994 with permits, it’s all been kept, the other ones go from the extreme o= f 14 to 98%, that’s a big span when someone is trying to bring them back in line, because nothing’s been done to those in that period of time so I guess I’m asking how can you get the average, quality, age, condition when it doesn’t seem like it’s been applied.

Mark Gibson: You’re using as a bench mark the 1990 ass= essment?

Jeff Morin: If that’s what it was…

Mark Gibson: Who’s to say that that was correct?

Jeff Morin: Who to say today’s is correct?

Mark Gibson: That’s what you need to come in and discu= ss with me and I can show you the other camp and how there graded, how they’re depreciated, and we’ll make comparisons to yours but you need to come in and talk to me about that. You’re asking about a specific entity, your camp…

Jeff Morin: No, I’m talking stream area. All of those = places are graded using the same schedules. All using the same building schedules,= and all graded similarly some have changed which may account for, some of the changes, if you say you’ve got a gray water system only then that’s somethi= ng that needs to be addressed. Your property won’t be up 100 and some odd % it would be different.

Chris Morin: I’m property owner of the camp of Great W= orks Stream. The assessment on the paperwork that the Town has says that it has central heat, running water, a full bath, a road into it. What I’m saying is that you appraise to your opinion is that correct? Well your opinion is incorrect, so how many Town’s people are getting the same opinion that is incorrect? This says it has a central heating system but it doesn’t get to = the upstairs. There is no forced hot air.

Oscar Emerson: Gentlemen so we’re looking at is we’re getting into a particular case. Let’s stay ge= neral.

Jeff Morin: So why the 12 to 112% if most of the camps= up there have had the same maintenance, which they mostly do, my question is w= hy the discrepancy of 12 to 112%? That was my main question. If everybody’s treated the equitably fair, they’re all averagely kept, all seasonal, that = to me is disturbing.

Mark Gibson: I found some that weren’t kept quite the = same as they were 19 years ago. Even if I hadn’t done the previous one, you can = go up there and change your mind. I can change my mind too. But I assure you if you come in and look at the property cards and look at your neighbors and s= ay ok this one was built in this year and it’s in this kind of condition, ther= e’s this much square foot living area, this is the quality of construction and = if you can find an inconsistency then we’ll fix it.

Jeff Morin: Excise me, I’m not looking at the value of= the properties, I’m looking at the percent increase.

Mark Gibson: The percentage of increase really is irre= levant here, it’s is the property being treated the same today. Remember this thin= g I read you. Even if next year I decide that something or the assessors, accor= ding to the Maine Revenue Service, if the assessor decide that something needs t= o be fixed or changed that’s why we have these rules.

Jeff Morin: Loop holes

Mark Gibson: It’s not a loop hole. If you can be grant= ed abatement then it stands to reason that if someone decides…

Jeff Morin: Should not a person put more trust into the assessor to do it more thoroughly.

Oscar Emerson: Let’s not get personal

Jeff Morin: It’s not personal we’re talking a trust fa= ctor of why should we all have to look for abatements every year and look at the property card every year. If I had never looked at the card and just paid t= he money...

Chris Morin: There are inconsistencies to what there is actually is that we’re getting taxed on.

Oscar Emerson: Nobody would know, like say the gray wa= ter system, nobody would know whether it had changed.

Mark Gibson: I couldn’t find a permit for the gray wat= er system at all.

Jeff Morin: I had a soil test. I paid $250 for a pit p= rivy.

Mark Gibson: When was this?

Jeff Morin: 1994

Mark Gibson: So effectively from 1994 to the present w= e have not caught up with that.

Jeff Morin: Most definitely you have.

Mark Gibson: It isn’t on your assessment.

Jeff Morin: The outhouse hasn’t been?

Mark Gibson: The gray water system.

Jeff Morin: That was there since day one. Since day on= e I could not build a camp without a proper septic disposal system.

Mark Gibson: You need to come in and discuss this, we = will fix whatever is wrong in your record but I can assure you that all of the properties have been graded similarly, depreciated using the same schedule. There are no deviations and I’ve taken a great deal of care to make sure everyone was handled the same.

Jeff Morin: One more point, Main Street in Bradley, be= tween the Town line and the Town office is there any economic depreciation put in= to land because of the mill odor?

Mark Gibson: Not specifically for that item, this whol= e area is in a flood zone. Those properties are adjusted for that.

Jeff Morin: The property between the Town office and t= he Town line shouldn’t have the same valuation of land as say other parts of town because of the mill. You haven’t heard of that?

Mark Gibson: I have thought of that and checked the sa= les out in places where they are in flood zone, there is a determinable differe= nce but as far as the mill odor, I think a great deal of Bradley suffers from t= hat. The mill odor is not as bad today as it was years ago, but you get further = out Baker Lane, Ten Road they are going to experience higher values.

Jeff Morin: From one end of Main Street to the other, = is land all the same value?

Mark Gibson: Not necessarily.

Jeff Morin: What would change that value?

Mark Gibson: Access to utilities.

Jeff Morin: So if everyone has water, sewer, all the utilities in a certain area then it should be pretty much the same?

Mark Gibson: Generally speaking, it will be.

Jeff Morin: What would be an exception?

Mark Gibson: I can’t think of one right now.

Jeff Morin: I can throw one at you…my wife’s office is= 1/3 of an acre, is 50% higher then 2 houses down with 1/3 acre.

Mark Gibson: You’re talking about a specific property, that’s what the taxpayer hearing is for. You had a window of opportunity be= fore these assessments ever went onto the books to come in a talk with me and we could have ironed out any details that you find are in error on your specif= ic property.

Jeff Morin: Can you elaborate, is that an exception?

Mark Gibson: Give me your exception.

Jeff Morin: Would my wife’s office be an exception to = the general rule of land property on Main Street.

Mark Gibson: I don’t know. I have to look at the recor= ds to see what I’ve got. You’re asking about a specific property. I need to have = my records in front of me and we need to discuss that one on one.

Oscar Emerson: Jeff we need to give everybody else a c= hance to talk.

Jeff Morin: There are some real inconsistencies, I jus= t want put on the record that number 1 properties are valued the same, and paraphrasing there are very little exceptions, they should be the same and didn’t know of any reason why they wouldn’t be the same. I’m just very conf= used if there are 2 properties within a couple hundred yards of each other that = one is 50% higher. Then I see the Great Works Stream area from 14% to 112% incr= ease in value. I wonder how much more of the Town is the same way. It looks like= a number of property cards were taken out just to meet the valuation of the State, and met that. Did we totally have a 100% reval<= /span> of the Town?

Mark Gibson: Yes you did.

Jeff Morin: Did anyone come in my house and look in my= house to see what I had.

Mark Gibson: I went to your properties and looked at t= he property card and if the information seemed to be current, I walked around = the property, may have measured the property in certain areas that I thought mi= ght be put in question to me and if it did not seem to be that much of a change then I would transfer the information to the new card then we’re going to u= se a new valuation schedule. I may change the grade. I may change the condition = and then I’m going to proceed with the revaluation.

Chris Morin: Do make notice of people when you come to= their property?

Mark Gibson: We sent out a notice.

Melissa Doane: A notice was sent to all taxpayers sayi= ng that we were going to be going through revaluation. It was a one page letter written by Mark Gibson. Virginia, do you remember.

Virginia: Wasn’t it right after land valuations for do= ne. It was also posted on the website.

Oscar Emerson: Does anybody want an opportunity to ask= Mark question?

Jeff Labree: Where are the property cards?

Mark Gibson: There in there (indicating other office),= they are public information.

Sherri Dill: Is there any other way to access them, li= ke on the website?

Melissa Doane: Your current values are on the website.=

Betty Agrell: At the last meeting we were at Missy sai= d that this was 3 year program, the first year was land, and the second 2 years we= re property. My Great Works Stream went up the first year, stayed the same the second year and then went up again this year. Why?

Mark Gibson: You’ll have to come in and talk to me abo= ut it because I don’t know.

Betty Agrell: I know that’s your answer but my questio= n is…I wasn’t going to ask you that because I didn’t realize that until she told u= s 2 weeks ago that that should not have happened so I’m just asking you why it happened. I can come see you but that’s not my question.

Oscar Emerson: This the valuation right Betty not the = taxes?

Melissa Doane: I did notice that all the land values on shoreland changed, Great Works, Chemo Pond.

Mark Gibson: They changed 2 years ago.

Melissa Doane: They changed again this year too.

Mark Gibson: Land values?

Melissa Doane: Land values.

Mark Gibson: Some of them did because if I have been o= ut there and found what I thought were septic systems that went to the land. That’s not a building. That’s why you need to make an appointment.

Betty Agrell: I would have except I didn’t realize tha= t it was a problem until she said that it shouldn’t have so then I thought well = if it shouldn’t have why did.

Mark Gibson: Shouldn’t have is probably not the correc= t term to use. If I found something there, you’re on Great Works Stream?

Betty Agrell: Yes

Mark Gibson: If I found something there when I made my inspection then that would mean there was a difference in land.

Betty Agrell: I’ll call you.

Chris Morin: Another question if you see something and assume something but it’s not written anywhere on our cards or permits show= ing what we have, wouldn’t you ask a person what is there rather than just assu= me?

Mark Gibson: Well I saw a pipe going in camp.

Chris Morin: I know, but we could have been breaking t= he law and just putting soap into the ground, then there should have been a fine to us.

Oscar Emerson: But he’s not the Code Enforcement Offic= er.

Mark Gibson: And I may make a report of that to him as= well.

Andy Gomm: Do most appraisers come in homes

Mark Gibson: That’s generally speaking what they would= like to see done. You can do it from the exterior, and I’ve been in most of these houses in the last 19 years. Generally like to get inside but if we can’t we can do it from the outside, it’s not unusual for someone to go around and l= ook in the windows if nobody’s around. We can usually see whether it’s hot air heating or hot water base board, what kin= d of condition the building is in, what kind of quality of construction is there, look in the window just to see. If I don’t have to disturb people or bug you I’m not going to. I going to go and just measure the building. If I’ve been= in there within the last revaluation and I look at it and I don’t think there’s that much to change then I’m just going to do what I have to.

Andy Gomm: I invited you in. Most people were home they watched you write some stuff and you didn’t come into the home.

Mark Gibson: I’ll go in anyplace that will allow me ac= cess, now there may come time when I get there and it’s the middle of winter and = my boots are covered with snow or what ever and I don’t want to go traipsing through your house with mud all over my boots, that I might not go through.= I may ask you questions about the property if I’ve seen it before and if I determine that there’s no need to go through I won’t. If somebody’s avid th= at they want me to go through then I’ll go through.

Jeff Labree: I invited you in. You said it wasn’t nece= ssary.

Mark Gibson: That’s right if I don’t think it’s necess= ary, I won’t. I’ve probably have been in your house previously within the last 19 years.

Jeff Labree: My house is 4 years old and I guess my qu= estion for the Town is 4 years ago it was assessed at 1990 valuation?

Mark Gibson: Effectively yes, we were using a 1990 pri= cing schedule.

Jeff Labree: Why would the Town do that? There are tax dollars there for the Town.

Mark Gibson: It doesn’t make any difference. If we’re assessing at a lower rate, a lower valuation, the mil rate is going to be higher. We come up with the assessed values, the mil rate is going to be lo= wer, and the tax rate is going to be the same. Unless we’ve go changes in the properties which is what revaluation is supposed to determine and that’s wh= at it did.

Melissa Doane: If we had valued you property at 2005 o= ur mil rate would have been lower but your tax bill would have been exactly the sa= me because we need x amount of dollars to raise for= taxes so it’s gonna be the same whether what your value is. Your value is higher, your mil rate’s lower.

Jeff Morin: One house wouldn’t have lowered the mil ra= te.

Jeff Labree: So if you put my house in 1990 it would h= ave the same exact value as it did right now.

Melissa Doane: Your same tax dollar is that what you’re talking about.

Jeff Labree: The valuation of my house. If the valuati= on of my house is $250,000 right now, it would have been $250,000 in 1990?

Mark Gibson: No, it would have been something lass tha= n that then. Until this past year, we were using building cost schedules for 1990,= we used that on everybody. So if you built your house 4 years ago and I went o= ut there and assessed it I’m using that same 1990 schedule that I’m using on everybody else. I have to because if I didn’t I’d be create an inequity in = the system and I was valuing you at 2005 verses 1990 I can’t do this. I don’t k= now how many of you can see this (indicating easel with graph); we have a Town budget, that’s the numerator in this equation. The total assessed value is = all the values of every property in Town added together, that’s the sum total. = That number gets divided into the budget to give you the mil rate. The budget doesn’t necessarily change. All I’m changing is the denominator. I can doub= le all the values in Town into that’s same budget, it’s going to give me half = the mil rate. Half the mil rate times that double valuation= is going to give you the same tax that you had before. The Town is not gaining or losing by having those old values but the Maine Revenue Service requires us to maintain a certain level of assessment. It’s extraordinary t= hat the revaluation lasted as long as it did, but nevertheless it did and now we’ve made a change and we’ve got more modern values and hopefully this will carr= y us to sometime into the future.

Jeff Labree: So is there a surplus or a shortfall in t= he taxes?

Melissa Doane: In 2005 your mil rate was 18.6 so you h= ad a low value, high mil rate. Now you have a high value, low mil rate. We would have had to raise the same amount of tax dollars.

Jeff Labree: So you just did a valuation.

Mark Gibson: Cut everybody’s in half today, there just= going to have to double the mil rate. Your taxes will be the same.

Reggie Coulombe: What I get out of this is that we loo= k good as a Town because we have a mil rate of 12. The bottom line is the budget w= ent up $300,000 last year that why we’re eating it.

Mark Gibson: That’s exactly right sir. Now you get the message. It’s all in the budget.

Janet Leclair: 66 Deer Run Lane. Home values all over = the country are down. People are going through bankruptcy, their losing their h= omes and our taxes are up 45%, 55% .

Mark Gibson: Are you talking about the taxes or valuat= ion?

Janet Leclair: It’s costing us 55, 60% more, why? It’s= based on our valuation right?

Melissa Doane: The budget. Our budget went up $300,000= .

Betty Agrell: The valuations went up the mil rate stay= ed close to the same.

Mark Gibson: Only because the budget increased.

Janet Leclair: Do you take your budget…do you find a b= udget, find what you want and go out and find the money for it? Or do you have a certain amount and you put your budget to the money?

Mark Gibson: No Maam that is not how it’s done. The bu= dget money and the valuation are done independently of each other. I’m doing my evaluations and these people here and you folks in your Town Meeting are do= ing your budget. One has nothing to do with the other.

Janet Leclair: So it’s a coincidence that the budget w= ent up $300,000 and all our evaluations went up?

Mark Gibson: It has nothing to do with this. It has to= do with the school system.

Jeff Morin: It doesn’t all have to do with the school.= It’s from poor performing investments.

Mark Gibson: And the State giving you less money, acco= rding to my understanding.

Jeff Labree: Back to my question, is there a shortfall= or a surplus? Did we happen to miraculously come up with $299,000?

Melissa Doane: Yes, we raised your taxes. That’s why w= e had to raise your taxes to get to this amount.

Jeff Labree: So you raised it $299,000?

Melissa Doane: Yes

Oscar Emerson: There is definitely a shortfall.

Melissa Doane: The tax commitment went up $299,000 and whatever it is. The value of the Town went up.

Oscar Emerson: The mil rate went down but the valuatio= ns of the houses are higher. We still are collecting our money through the Town.

Unknown Lady: What their thinking is that they would p= refer to see the value of the house remain as it was or at least closer to what we fell the economic feels and then adjust the mil rate.

Melissa Doane: Your mil rate would then be like 19. Yo= ur tax bill would be the same.

Unknown Lady: Before we moved in and flourished Bradle= y.

Melissa Doane: But your tax bill will be exactly the s= ame.

Unknown Lady: I understand that. What I think their sa= ying is they would rather see the home value at a lower value. A lot of us are saying there is no way I can move out of my house and sell it for what…

Mark Gibson: Understand, the pricing schedules that I am using are at a lower rate than what I could have used. The Maine Revenue Service has guidelines that they impose on these communities. Your Town has no authority to tax. The authority to tax comes = from the State Legislature. They are the 800 pound gorilla; they tell us how we = have to perform this function. They want those values closer to market value. Ev= en if they were to go over market value as long as those values are distributed evenly using the same valuation schedules for land and buildings then no ha= rm is to you.

Unknown Lady: I understand what you’re saying; there w= as a beautiful colonial home up on the Ten Road at originally 315 or so.

Mark Gibson: I know which one you are talking about an= d he got a great deal. He was looking for foreclosed property.

Unknown Lady: He did get a great deal but what I’m say= ing is that now we’re looking at our house thinking if that house couldn’t have so= ld and we’re looking at our houses at what it’s being assessed at and thinking that we’re stuck here. I love it here. I’m not saying that I don’t want to = be but if financially I couldn’t afford it anymore.

Mark Gibson: If we can lower your values right across = the Town, for everyone. We could do that tomorrow, mil rate goes up, nothing’s going to happen to you, no change in your tax dollars is gonna come here. A= nd the State of Maine is now going to be on the Town telling them that their values are not high enough.

Melissa Doane: Your tax bill will actually go up becau= se you’ll loose your subsidy.

Mark Gibson: Your loosing y= our reimbursements for tree growth and whatever other monies the State sends yo= u, Maine Revenue Sharing. All that stuff is determined by your ratio.

Reggie Coulombe: So what year are we based on now?

Mark Gibson: 2006 is the year I developed the pricing schedule. I had to reduce that 2006 by a percent in order to get to somethi= ng close.

Unknown Man: Can you give us a percentage?

Mark Gibson: 10 off, it went right off buildings

Unknown Man: That’s not enough with the economy.

Mark Gibson: My ratios studies are showing me the sale= s to the assessments 96%. According to my studies and I’m doing them correctly, = it’s showing that these values are approximately 96%. If in the coming years your values slip more, I can adjust for that. I can adjust the land and the buildings down. They’ll be done across the board unless one area of town changes more than another and your entire town has been neighbor hooded. Ea= ch neighborhood has its own valuation schedule for land. Chemo Pond obviously = is not the same as Main Street in Bradley, not the same as the Ten Road. Those= are all separate neighborhoods.

Jeff Morin: This is all segwaying= into the same discussion. I understand we reevaluated because the Town was under valued to what the State thought we were. Case in point, my boy broug= ht a home 3 years ago 160,000, it’s 110,000 in Holden, in a very nice section of Holden. Coming in talking to the Town of Holden where the prices and econom= y’s going the problem I have in talking to Missy again, I asked her specifically and maybe she didn’t know or misunderstood, I said if our valuation go up a= nd we assess at the peak of this market which I think is about what your time frame was, has she ever seen valuations of home go down because I think we’= re gonna be into a cycle where I estimate we might be at the bottom is 5 years= , we haven’t hit bottom yet, I believe your houses are going to drop in value 30= – 40%. Wouldn’t it be more prudent to hold the value at the lower value and g= o to the State and say we’re not under value, look at the economic factors, look= at the economy, look at where the revenue is going, look at where houses are <= span class=3DGramE>going. I asked Missy if there was anyway we could talk= to the State and say this is normal, abnormal was the growth we saw in the las= t 15 years. No one ever turned a house 20 years ago, they lived in it 30 years a= nd it grew and grew ever so slowly it was not a good inves= tment, it was something you had to have it was a necessity. In the past 10 years they’ve grown and grown abnormally so the case is there that it should be arguable to the State and the State Revenue Agency can also see that the housing market is down. There is plenty of fonder out there by keeping your revenue down and proving to the State that we’re not undervalued, the reven= ue sharing would be there if we proved to them that we are more current then t= hey thought we were, We would get the same revenues to us because we pretty much right on line with valuations.

Mark Gibson: Maine Revenue Service sends a representat= ive around here. They go in that office and look at the values and properties t= hat have sold in the area. Then they take that back to Augusta and they do their number crunching and they don’t care what I say. I will give you Linda Luca= s’s number in Augusta. Call her and have this argument with her. She is the one= who says we will allow you 96% this year. She is the 800 pound gorilla.

Jeff Morin: I used to be an 800 pound gorilla. I worke= d for the State and I know how they put these numbers together. That’s why I’m ve= ry skeptical.

Melissa Doane: Is that the appeals process to the Maine Revenue Service?

Mark Gibson: If you want them to come in and look at y= our assessments see how they’re done and I’ll meet them here give him any piece= of information he wants.

Melissa Doane: Have you ever seen them go down, like f= or the last 5 or 6 years they have been much higher than what our value was? Have = you ever seen it like this year we’re at 1,019,000?

Mark Gibson: I’ve never seen the values of properties = go down but I have seen in the last couple years the values of tree growth go down.

Melissa Doane: In all your years of doing this, you’ve= never seen Maine Revenue come in a value a town year to year. They stay at pretty consistent levels throughout each community?

Mark Gibson: I’m seeing them increasing every year tha= t I have been in this business. I’ve seen slower periods of growth at other tim= es, but I’ve never seen a drop.

Jeff Morin: There again the appeal process. We’ve neve= r gone through the 20s. We’ve never seen a drop as drastic.

Mark Gibson: What do you hope to accomplish with that = drop in value, since we’re talking only a semantic difference here. We’re going = to drop the assessments a going to have to increase the mil rate, the taxes are going to be the same. The game is played right here (referring to chart) th= is is the whole game. As long as I’m treating all of your properties the same that’s all that is required of the assessor, then it’s up to you folks to control this number. If you can control that number…I’ve talk to the Assess= or in Bangor where I live. He can make the value of my house any value he wants just name the number. You give me control of that number, I’ll win every ti= me. You cannot defeat me as long as I control that number. This not only works = here in your community, it works in Washington DC too. That’s the game right the= re.

Jeff Morin: The true game is being driven by Augusta. = What’s wrong with a 200 pound weakling fighting Goliath and asking? What’s wrong w= ith asking?

Oscar Emerson: That’s the appeals process Jeff. I does= sound like if we could convince them the assessment overall of these properties is too high and it should be lowered. It will be proportionately lowered in everybody so the taxes will go up.

Jeff Morin: If we brought the valuation of the Town do= wn, wouldn’t we get me State aid?

Oscar Emerson: No

Sandy Morin: Does that not affect the County tax?

Melissa Doane: The State value does. The County has a = mil rate just like we do and they base it on the State value.

Betty Agrell: But you don’t get the help for schools a= nd things that you should get.

Jeff Morin: But the valuation of the Town and how much= we have to pay in County taxes would go down if we were valued less.

Janis Hanington: On our taxes doesn’t it state on ther= e that State Revenue Sharing for the percentages if they had removed the Maine Rev= enue Sharing.

Melissa Doane: Maine State Aid, I think this year it w= as 54% higher without State aid.

Janis Hanington: What was that last year?

Melissa Doane: Last year it was a lot higher because w= e were getting direct aid for our school. This year that aid is going to the RSU. = So last year it was 238% higher because we were getting that revenue from the State directly. Now it goes to the RSU.

Reggie Coulombe: Didn’t we loose another 20,000 from t= he State.

Melissa Doane: Yes. That 112 now they project that to = be 89,000, but what will happen is it= ’s up to the Town Council to make up for that 22,000. We’re not going to come bac= k to the tax payers and say we need another 22,000. We have to find 22,000 in our budget that we can’t spend.

Mark Ketch: It looks like our budget went up about 30%= so we as taxpayers should expect that the taxes will go up 30%.

Dan Bingaman: I would like to know the State Assessors valuate portable garages, portable shelters, and pipe frame type structures covered with whatever. Is everyone being taxed on them or am I the only one being taxed because I used to have a greenhouse.

Mark Gibson: Those structures are valued fairly low.

Dan Bingaman: I can buy a brand new one for less then = $1200 and you have it evaluated at over $3800. One of them I made myself out of ¾= conduit and I can hook on to it and drag it any place.=

Mark Gibson: You come in and bring me the person who is willing to sell you a brand new one for that amount of money and we’ll talk about it.

Dan Bingaman: There’s a lot= of other things I want to talk to you about. I think your tape measure had a little stretch to it. You have me down for 144 square foot cement patio in = my back yard and I have no cement patio in my back yard.

Mark Gibson: I’ll come down to your house and look at = it and see what you’ve got there and explain why I got it that way.

Dan Bingaman: The last time I got evaluated was 2002 w= hen I got a divorce. I tried to get you to reconsider this and you said prove to = me that it is not a portable structure.

Mark Gibson: I don’t remember saying anything like tha= t.

Dan Bingaman: It was passed on from someone in the off= ice.

Mark Gibson: That’s second hand information and I’m gl= ad you said that because I don’t remember saying that.

Dan Bingaman: It’s listed as a 3 bedroom home and I on= ly have 2 bedrooms.

Mark Gibson: Again, this is something specific to your= home. You need to come and see me.

Dan Bingaman: Is everybody being taxed on portable greenhouse structures.

Mark Gibson: If it’s commercial, yes.

Dan Bingaman: Yes I understand that, it’s a tax write = off, but if it’s privately used.

Mark Gibson: It all depends on what we’re talking abou= t. If we’re talking about these little things you put a car in, I may not go after that. In the law it says that items of personal property that are valued at $1000 or less to the homeowner are exempt to taxation.

Dan Bingaman: I can show you one of those structures r= ight down here by Penney Lane that cost more then $1200. There is a new one that just went up ju= st down the road behind a garage that’s probably $3600.

Oscar Emerson: You do have to stay general with this question. You can’t get real specific with you property Dan because you hav= e to come in and talk to him about these type of issues and make an appointment.=

Dam Bingaman: I’m being specific about portable struct= ures. Whether they are 1000 square feet or 100 square feet they are a portable structure. They are pipe that is covered with a tarp or canvas or clear plastic. It can be moved or fastened into the ground.

Oscar Emerson: Generally, Mark just for all of us, tho= se Quonset hut type of structures how do you approa= ch them.

Mark Gibson: Be more specific, are you talking about t= he little garages or the green houses?

Oscar Emerson: We’re talking about the canopy greenhou= ses, that’s specific for Dan not everybody has a greenhouse. There are a lot of people here in Town that have those Quonset hut, fabric over the frame garage or ports for storage. Some use it to protect t= here car.

Mark Gibson: Generally the smaller ones that are used covering cars and what have you, I’m not assessing them because I consider = that personal property of the owner and it’s exempt under the law of taxation. <= /p>

Oscar Emerson: So that’s how he’s handling it. Dan you= do need to talk to him.

Janet Leclair: A general question if you could clarify= this for me please, you take 3 or 4 houses all in similar area and similar age t= hey have not change in the last 4 years are those all increased the same percentage?

Mark Gibson: Not necessarily.

Janet Leclair: Why?

Mark Gibson: The different size of property. The way t= he pricing schedule works is base plus square footage, so if you have more squ= are footage the price per unit is going to decrease as it goes up, because buildings are like any other commodity, if you buy a 10 pound bag of potato= es it’s going to cost you one price per pound and if you buy 100 pound bag of potatoes it’s going to cost you less per pound. You can do that with almost anything if you buy more of something.

Janet Leclair: They wouldn’t go up the same percentage= ?

Mark Gibson: Correct, it’s all mathematics. They are a= ll going to be assessed using the same cost schedules and building schedules b= ut the end result may be not be the same percentage of increase of each one, that’s on size and quality and if I got there and looked at the property determined that there is something that I have missed previously, then I’m going to fix that. That may affect that percentage of increase.

Oscar Emerson: Thank you Mark for coming in. If there = are specific questions of abatement types of issues on people’s property they n= eed to make an appointment with Mark.

Mark Gibson: I will be here on the 25^th

Melissa Doane: Mark can you hang out for just a few mo= re minutes, because there is an issue. Mr. Morin wrote a letter to Town Council that addresses you so I wanted you to be here.

Oscar Emerson: That will be under citizen’s request. W= e are closing the discussing with Mark Gibson.

Betty Agrell: How do we get an appointment with him?

Melissa Doane: We will set it up as we did before right Mark? Come in a see us. If he found an abatement= we are not going to charge you the interest.

CITIZENS REQUEST:
Jeff Morin: My request was a letter written to the council on September 9th, last week. While in looking at my assessment, I recognized that it was so n= oted on the property card that Mr. Gibson had entered my property up at Great Wo= rks Stream, unbeknownst to me. I asked the Town Manager if this was correct she said it couldn’t be because he wouldn’t do that. I believe she called Mr. Gibson second handed back to me that he had gone in. He had gone up with Councilor Gifford. Councilor Gifford provided him a boat to up through to t= he camps. My concern is three fold; number 1 properties are private especially inside the property. It was notated on the card door ajar and put a date for inspection 7/9/2009. Nobody contacted me to let me know my camp door had be= en opened. Nobody had contacted me to let me know they had gone in the camp. I= ’m real surprise at the lack of integrity to go into a person’s private proper= ty, trespassing, without my permission. There was nobody there, no agent of the owner there. And finding a seasonal camp in the middle of the woods with the door opened and not calling anybody, be it the sheriff, be it myself, be it= the Town Manager, nobody. For two weeks I have asked for a call from Mr. Gibson= , I still have not received one. With today’s conditions, getting into socialis= m, the government getting into everyone’s affairs this smacks right in the fac= e of a government agent of the Town coming into someone’s personal abode. Also u= nder law, if we had a bank robber and a get away driver, the get away driver is = as countable as the bank robber himself. Mr. Gifford stated to me that he stay= ed on the dock while he inspected the camp but I don’t know what conversation = went on between the two of them after they left. They are both as countable of t= he situation until proven otherwise. When I grew up and I always told my kids, when you’re with somebody and something happens your gonna be held as responsible as the next person with you. That’s just the way it is. It you’= re with a bunch of bad people and something happens you’re held responsible un= til your proven innocent. The closing point of this is until something is resol= ved I feel that through the investigation if you have one, Mr. Gifford recues himself round in investigation. I do believe Mr. Gibson has breeched the tr= ust of the public. I think he should be held very responsible. He should be let= go as an agent of the Town. There is huge trust factor. Who knows, he comes ar= ound to a persons house finds the door ajar, walks in. What happens if someone’s= in there? What happens if just the opposite of Mr. Hardesty, I can protect my property. Someone walks in, he may holler, I may have my hearing aids out a= nd not hear them. Someone walks on my property they may not come out of it. Th= at’s just protecting your property, private property. I do believe he stepped way beyond his authority in stepping into someone’s property. I do feel very strongly that he stepped way beyond and should be dealt with very severely. Another case in point, 30 years ago in a neighboring community, they entrus= ted their public servants properties. Those property keepers were given keys. T= hey went in these places and robbed them. They ended up in jail. It’s not to be taken lightly. A person’s house is his castle. Do not forget that. We are i= n a socialistic government. I am not a socialist, if I want you in my property, I’ll invite you. Otherwise you are not allowed and I don’t believe anybody would want anybody in there structure without anybody knowing. Closing is if they are into a property or come upon a property and see a door unlocked, a camp that may have been broken into, you need to call the proper authoritie= s. You can’t say I don’t have communication today. I believe you have a cell phone, most people do. Very bad practice, for yourself personally, safe wis= e, it’s very poor and I do feel strongly that you should be let go because you have breeched the publics trust.

Oscar Emerson: Mark, you may or may not respond.

Mark Gibson: Fred Gifford and I went up Great Works St= ream that day and looked at all the properties on the stream. He waited in the b= oat while I went to your property. When I got there, I walked around as I norma= lly did. I noticed additions that I did not have on the property card so I made those adjustments. When I got to the back door I noticed it was ajar, wide open. When I saw that I thought to myself if this were my property and if someone in an official capacity I would want them to give me the courtesy of doing what I did at your property. I went in, I looked for animals, I looked for people, and I looked to make sure there was no vandalism on the propert= y. When I was finished securing the property I locked the door and left. I can= ’t remember when I got back to the boat whether I mentioned it to Fred Gifford= or not, but I noted it on the card. So there was no attempt to hide. I treated your property the way I would want someone to treat my property, to check t= he building out, make sure that there was nothing wrong, if there had been something wrong, you probably would have heard from me. I had 18 properties= to do that day and I really didn’t think about it after that, I noted it on the card, there didn’t seem to be any problems and we went on our way.

Jeff Morin: Very poor professional judgment. Between you and me, if I had a half million dollars up there, between you and me, who took it? Very poor judgm= ent as a professional.

Oscar Emerson: Jeff, talk to the Council and just say = that you think it is.

Jeff Morin: I believe that to be very professional jud= gment that’s why I say immediate release is warranted. I think a prudent person w= ould have followed up and said, we found a camp ajar = would have at least talked to the Manager. The Manager didn’t believe he did that= . I noticed, she said he wouldn’t do that. Most professional people wouldn’t do= that again the prudent factor I would say, what happens if you walk into somethi= ng and end up like Mr. Hardesty. I don’t think a law enforcement person would = go into a property unless told a person on back up that we’re going into a property because you never know what you’re going to run into. A person acr= oss the road down there in Old Town he was broken into, they had guns, they were the same people who shot Mr. Hardesty. It’s very poor judgment; it’s a bree= ch of trust. You Councilors are the assessor’s agent, or he is contracted. I c= an’t say it enough; it’s a breech of trust. Nobody wants anybody into anybody’s structure no matter what. If there was a camp door open, I would have called the sheriff. You can get there, there are other routes, the ulterior motive= was the door was open, call somebody, the person hadn’t notified anybody. When = I go up there, and look around and see something missing, who do I send the bill= to, you people, the assessor, who is ultimately responsible?

Mark Gibson: Who left the door open? Did someone break= into your property?

Chris Morin: Did you card it? Did you use a credit car= d to open the door?

Jeff Morin: There is no proof. I don’t believe the Cou= ncil would condone anybody going into a structure without an agent or an owner. =

Mark Gibson: Without that notation on the card you wou= ld not have known that I went in there would you? Would I have carded the property= ?

Jeff Morin: I don’t know.

Mark Gibson: I have been working in this Town for 19 y= ears and I did at your property what I thought I would have wanted done on my property.

Jeff Morin: I do not think people in Town would want… (Multiple speaking)

Oscar Emerson: Mark I know that your defending your integrity and I know Jeff that your upset, you have made your statements, I= prefer that the dialogue doesn’t stay between you two. Direct it through the Counc= il because I don’t want this to escalate.

Jeff Morin: Back to knowing whether someone was there,= a number of years ago we used to go up to camp for Thanksgiving. We always we= nt in our boat. We had people hunting right behind the camp. Unbeknownst to the hunter, the hunter brought the gun down and saw something moving, it was my wife. I went over a talked to the person, he said, where did you come from?= I said, I’ve got a camp right here. There are 4 of= us here. He said, there’s nobody here, there are no cars here. Case in point i= s, how does anybody know if anybody is there or not. Someone could have been sleeping upstairs. It doesn’t matter the type of structure whether it be a camp on Great Works Stream, Chemo, a camp on the = Ten Road, my wife’s office, the Town office, any private properties. Nobody is = sub to illegal search and seizure it’s not a good practice; it’s a breech of tr= ust. I do not believe any prudent person would enter any building without knowing what is inside. You do no go in for a search and destroy, you are not a pol= ice officer, you don’t have weapons, I assume. You don’t go in to see if there = are animals in there. I would stay outside. This calls for immediate dismissal,= it was very very wrong to do. I don’t think any of= us would expect a person to go into there property without permission. There a= re places to call. Everybody knows my phone number. If a person were to call t= he Town Office, my wife, I’m available 24/7, that would have been the prudent thing to do. I can’t impress upon you enough terminate his employment immediately.

Oscar Emerson: Thank you for sharing that with us. We = will address it. We’re not going to knee jerk or do something or address it right now without digesting it. That would be irresponsible of us. You’ve given us your interpretation of this and your reflection of this. Mark you have given your response and your rational.

Jeff Morin: Will I get a written response?

Oscar Emerson: You will get a written response.

Jeff Morin: Is there an appeal process if I don’t agre= e with your response.

Oscar Emerson: I’m not sure what that process is.

Jeff Morin: If I do find things missing, where do I go= ?

Oscar Emerson: That would be the sheriff

Jeff Morin: Not Town Council? Should I make a report t= o the sheriff?

Oscar Emerson: That would be totally up to you.

Jeff Morin: I’ll probably make a report tomorrow morni= ng, just so everybody is aware of an unauthorized entry.

MANAGER’S REPORT:

Manager Doane noted to Council that she had placed in = their boxes a Repavement Management Plan from S.W. Co= le Engineering. Their assessment for 2009 is that they identified that Deer Run Lane is deteriorating rapidly and therefore they are calling for repaving on that section of the road. They are calling for shim and overlay on Deer Run Lane and Bullen Street. She asked for authorization from Town Council to mo= ve forward with trying to get some prices for repaving those for the spring. Manager Doane shared that she spoke with Kevin Hanscom= who is our engineer and questioned him about Penney Lane because last year = they outlined Penney Lane to be reclaimed and overlayed and that wasn’t placed on maintenance plan for this year. The Town placed that = item in the road budget this year to possibly do. She would like to move forward with prices for it. Kevin Hanscom stated that the reason that Penney Lane wasn’= t on the maintenance schedule was because of the budget she had presented to him= and that Deer Run Lane and Broad Street are deteriorating rapidly and if we do = not do something in the next year then that pavement is going to be in the same condition as Penney Lane causing a major reconstruction.

Manager Doane spoke to Peter Currier and he will go and replace that culvert at Deer Run Lane. He will place 2 bigger ones. Council agreed that Manager Doane should move forward with pricing.

Manager Doane spoke with Robert Fenney and Randy Bragg= , who are the engineers for the fire station project. They had a meeting with DEP September 9^th. They met with Ken Libby who is in charge of storm water and Robin Clukey, Project Manager. They b= elieve that the Town will be able to fill in a small amount of the pond and not ha= ve to build a retaining wall and move the driveway closer to the Carter Woods section. DEP told them that they can pipe the storm water to the river inst= ead of around. They are estimating that these changes will save $30,000. It also means less in permit applications and engineer fees. Manager Doane asked fo= r a motion to move forward with Robert Fenney’s tim= eline proposal. Councilor Wilcox asked Manager Doane to clarify how the payment t= hat was in the budget this year, how that works into the process. She explained that because they were unsure of FEMA funding she asked that the Town only = pay interest the first year which is 37,600. She has signed an agreement with Merrill Merchant committing to borrow the money. The Town has also change i= t’s banking to Merrill Merchant. Councilor Emerson asked if the Town would need= a storm water permit. She confirmed that it was not needed for this project. Councilor Emerson recommended that this be tabled as he would like to have = the question answered, on the wet land application, is it a Tier 1 or Tier 2? <= /p>

Sandy Morin asked if this was a project that the Counc= il has to move forward with. Councilor Emerson explained that the Council responds= to the ground work before them and right now that is an approved referendum stating $900,000 has been approved for the construction of a fire station. = If the Town had been presented with a citizen’s petition today then that would give them pause. There has to be something tangible to do something differe= nt. Manager Doane added that she received a legal opinion because before the Council meeting there was question about appealing the vote. The attorney h= ad said the citizens have a right to enter into petition; they would have to g= et 10% of the last gubernatorial election, so you would have to get 82 signatu= res for reconsideration. Even if a legal binding petition is or has been submitted = the court decision strongly suggests that the Municipal officers are not legally bound by a voter petition asking for Town meeting reconsideration of a matt= er previously decided by Town meeting. So the legal opinion to Town Council is= to move forward. Jeff Morin asked how long they have to file a petition. Manag= er Doane stated immediately because there is paperwork to be signed by Council tonight committing them to the loan. Jeff Morin further asked if it was too late. Councilor Emerson stated that it was possible but backing out of a contractual agreement is going to cost.

Manager Doane shared that Joe Murphy, the Animal Contr= ol Officer, will be ending the contract with Penobscot Valley Council of Governments. He has offered to continue providing animal control services f= or $90.00 a month with a mileage rate of .50 per mile. Mr. Murphy would then b= e an employee of the Town. The additional cost to the Town is that now he would = be under the Town’s workman’s comp insurance which is an additional $15.00 a y= ear and he would also be under our liability insurance which would be $116.00 p= er year. So there is a small amount of additional cost involved that we are not accruing right now. Manager Doane’s opinion is he does an excellent job for= the Town. Councilor Wilcox motioned to hire Joe Murphy as Animal Control Officer for Bradley. Councilor Gifford seconded the motion. Vot= e 5/0. Motion carried.

Manager Doane notified Council that she would be on va= cation from 9/21 – 9/28 and asked if Council would consider moving next meeting to 9/30 as she will be driving home from DC. It was agreed.

The general obligation opinion prepared by Edmond Bear= or and will be submitted to Merrill Merchant Bank for their consideration. She ask= ed for Councils signatures.

Manager Doane emailed FEMA asking about the status of = grant. They stated that nothing has been determined and they look to publish rewar= ds in the new year.

Charles Norburg provided Town Council with updates reg= arding clean ups. Councilor Wilcox commented that the fist letters that went out in April and in some areas not a lot has been accomplished and if the letters = are going to be honored then the Town get tough exce= pt for the ones who came in requesting an extension. She also mentioned the shed t= hat is too close to the road. Councilor Emerson’s opinion was that Charles works with the people of Bradley and this is a code enforcement issue and he woul= dn’t want to micromanage Charles as this is a set back issue.

Ricky Page and Judy Tinkham were sent letters in April and did not come in, so they are in violation. The ne= xt step is a letter from the Town’s attorney stating they are in violation of State junk yard laws and that they would move forward with civil hearings. Councilor Emerson motioned to move forward to enforcement procedures on the nuisance properties that we haven’t given extensions to. Councilor Gifford seconded the motion. Vote 5/0. Motion carried.

RSU Board meeting will be held 9/16/09 at 6:00 at the = Leonard Middle School Library. Manager Doane provided Council with the agenda.

Virginia was able to create a link on our website prov= iding citizen’s an opportunity to participate in email updates.

NEW BUSINESS: Manager Doane presented abatements to Co= uncil from Mark Gibson. The first one is for David Butterfield for 15,500. Second= is for Brian and Karen O’Clair for 8,900. The thir= d is for Richard Fesseden for 22,800, and lastly Rob= ert MacQuillin for 43,400. Councilor Wilcox motioned to g= rant the abatements requested by the Town’s assessor. Councilor Gifford seconded= the motion. Vote 5/0. Motion carried.

Councilor Emerson made the recommendation that the Town consult with the Town attorney regarding the Jeff Morin complaint against M= ark Gibson.

UNFINISHED BUSINESS:

MUNICIPAL WARRANTS: Councilor Coulter motioned to acce= pt warrant #23 for $3542.16, #24 for $9338.20. Councilor Gifford seconded the motion. Vote 5-0. Motion carried.

NEXT MEETING: September 30^th @ 6:30

ADJOURN: Councilor Wilcox motioned to adjourn. Council= or Emerson seconded the motion. Vote 5-0. Motion carried.