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Council approves Dynamic Packaging CF-1 despite late filing; counsel warns 'shall and must' reporting requirement

Bristol Town Council · July 17, 2025
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Summary

The Bristol Town Council approved a late CF-1 tax-abatement filing from Dynamic Packaging for properties on Kesco and Ponderosa after staff said the company was substantially compliant; legal counsel warned the statutory annual reporting deadline (May 15) is mandatory and counsel urged the company not to repeat the lapse.

Council reviewed a late CF-1 (abatement reporting) submission from Dynamic Packaging, whose filing to the county auditor arrived after the statutory May 15 reporting deadline. Mike Gilder and legal counsel George Leanotus explained the filing was late but that the county auditor indicated acceptance; they described the company as "substantially compliant" and noted the company had already lost part of an earlier abatement by failing to file in a prior year.

George Leanotus cautioned the council that the statute uses mandatory language: "the annual reporting must be done by May 15th" and, he said, "when the law says shall and must." He advised the council that routinely accepting late filings could expose the town to some liability, but also said that practically he did not expect a successful challenge in this instance.

Following discussion, Greg Tolski moved to approve the Dynamic Packaging CF-1; Kathy Burke seconded and the motion carried unanimously. Council requested the company be told that late filings will not be acceptable in subsequent years.