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Agenda 1997 11-17J _ ~ - ~ ~ ~. . AGENDA NEW xANOVER COUNTY -BOARn OF COMMISSIONERS '• Assembly Room, New Hanover County Courthouse . '~pNOVeR ~'a ~ y 24 North Third Street, Room 301 :4. J~ ' •,* :. - Wilmington, NC _ , ~ ~/' -~'~~~ ~`' ~~FMORTNC~ F ROBERT G. GREEFi CHAIRMAN WILLIAM A. CASTER VICE -CHAIRMAN BUZZ BIRZENIEKS, COMMISSIONER • TED DAMS, JA., COMMISSIONER r CHAAkES A. HOWE _ ' LL, COMMISSIONER ALLEN O'NEAL. COUNTY MANAGER WANDA M:COPLEY, COUNTY ATTORNEY LUCIEF. HARRELL- CLERK TO THE 80AR0 ~~ November 17.,.1997 ~ 9:00 a.m. . ~, 'MEETING CALLED TO ORDER (Chairman Robert G. Greer) + INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (limit three minutes per:item) APPROVAL OF CONSENT AGENDA . ' . e ESTIM TED ` .. A - ITEMS OF BUSINESS PAG E TIMES ~ ~ NO.. ~ ' • : 9:15 a.m. l,. Presentat ~ >on of Ne v Hanover County Serv>ce Awards, 1 ' ', . 9:20 a.m: 2. , Recognition of Newly Hired County Employees 3 r 9:25 a.m. 3. Presentation of New Hanover County Employee Opinion Surve Results ~ 5 y :9:40.. a.m_ . 4. ~ Consideration of Appeal of Value 1986 33 ft. Bertram 23 ' ~ Boat .9:55 a.m.. 5. ~ Consideration of Adoption of Resolution Certifying and 535 ' Declaring Resolution of 1997 Voted Bond Authorization 10:10 a.m. 6. Consideration of Resolution Establishing a Solid Waste. 57 Advisory Board ;, 10:25 a.m. 7. Consideration of Adoption of Resolution. for Nomination - 65. ' ` ~ and. Endorsement of the Lower Cape Fear River for the American Heritage River Program ,. 10:3$ a,m. 8. Consideration of Private Operaior Request -New Hanover 69 Transportation Services r 1 11:00 a.m. 9.' Meeting of the Water and Sewer District 79 .'- . ~ 11:30 a.m ADDITIONAL ITEMS County Commissioners .County Attorney County Manager ADJOURN ' . ..~ - • ~ MEETING OF THE WATER AND SEWER DISTRICT ~ •~ ` . ~ ' • ~ ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE ~ '~ , • ~ ~ 24 NORTH THIRD STREET, ROOM 30:1 .. . ~ ` ~ -• ~~ ' NOVEMBER 17, 1997 . '' , r• ~ ITEMS OF BUSINESS . ~ PAGE .. !~ . _ I Non-agenda Items (limit three minutes) - ~ 79 i •,- .. ~~:. . 2. Approval of Minutes • 81 3. Approval of contract #98-0.173 to Fairway Utilities, Inc., and• ~ ~ -... 83 ~ ' . . _ authorize Chairman to execute the. contract . ~f V ~ 4. , Approval of employee reclassifications.°and additions and approval ~ 91 - , - of associated bud et amendment #98-0064 g . ~ • . ,, ADJOURN ~ ~ ~ . _ . , ,. .., . ~, - ~_ . . • ,. ~. _ ~ •' ;~ .~:, • . ~ _ ~~ . 1 , _ . .~ ~ _. ~ , i CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS NOVEMBER 17, 1997 - ITEMS OF BUSINESS PAGE - - ~- NO. 1. Approval of Minutes 101 2. Approval of release of value 103 3. Approval of New Hanover County and New Hanover County 10~ Fire District Collection Reports 4. Approval of Budget Amendments: A. #98-0063 to budget a contribution from CP&L for the-January 108 nuclear drill expenses B. #98-21 to budget transfer from fund 700 that was approved 109 as part of the 97-98 budget ordinance • -- ~ Regular, Item #: 1 ~ Consent Item #: Additional Item #: .~ Department: Human Resources Presenter: Allen O'Neal • Pa e Count In A enda Package: Contact: Rosetta B ant SUB.IECT: Presentation of New Hanover County Service Awards - • • BRIEF SUMMARY: The following employees are entitled to New Hanover County .Service Awards due to their length of service . :with New Hanover County: FIVE (S) YEAR SERVICE AWARD: Luis A. Diaz -Sheriffs Dept.;-TEN (10) YEAR SERVICE AWARDS: Marlene M. Carney -Human Resources; Edward Young, Jr. -Property ' • Management; Barney W. LaCock, III -Sheriffs Dept.; Robert C. Sutton, Jr. -Inspections; Sharon.F. Walters --Library;, and TWENTY (20}YEAR SERVICE AWARD: Douglas A.`Garrett -.Inspections Dept. ' - . •• `.' ' I~- RECOMMENDF;D MOTION AND REQt)ESTED ACTIONS: ' ` • ~ • ` .~ • FUNDING SOURCE: :Federal S: ~ State S: County S: User Fces 5: Other S:, , ~, . R•1oney is In Current. Budget: Ncw Appropriation Request: Bud ct Amendment Prc arcd: . - - - ' _ REVhEWED BY: ' LGL: • FIN: BUD: HR , • COUNTY MANAGER'S COMMENTS AND RFCOMMFNnATIONS• • Present service awards. - . ~, • - ~ COUNTY COMMISS~~3~R .. APPROVED • - REJECT€~ Q ' .. ~ REMOVED • C~ • ,. pQSTPiJNEa ~ ~' i -. NEAR® ~ r • ~. • -. ~ Refer to Office Vision Bulletin Board for Disposition ~~~~~ /( ~ ~ G 7 ~"~+j i i This page intentionally left blank ~~~E `~~~'~ ~~ii`FY. ~ ~~~~~ 2 ~ ~~~~ ~~'a~r~ v -.: FUNDING SnURCE:` Federal 5: State 5: County ~5: User Fecs S: - Other S: Money. Is In Current Budget: Ncw Appropriation Request: _ Bud et Amendment F're ared; . ' REVIEWEn I3Y: LGL: ~ FIN: BUD: R: COUNTY MANAGE'R'S C MMFNTS AND RI+ COMMFNDATIONS- ~` Recognize newly hired` employee .r • O COUNTY C4MMlSS1~~V~ - ARPROVED ~~-~''.,~ REJECTEf3 C3 posrP©lv~ . WEARD p - ~ ~ ~ Refer to Office Vision Bulletin Boazd for Disposition '~ATIw ;~ ~~~7 L~7,~' 4 I Tliis page intentionally left blank ~ ~~~~~ ~k~~~ 4 ~ ~~~~ G~~ ~.. Regular Item #: ~3 Consent Item #: Additional Item #: Department: Human Resources Presenter: Andre' R. Mallette' ... Page Count 1n A enda Packa e: ~ Contact: Andre' R. Mallette ' , .+ SUB.JF,CT: • ~ :New Hanover County Employee Opinion Survey Results ,. ` ~ , ,. •;BRIEF SUMMARY: . . ` At tfie request of the Board. of Commissioners, the Couniy contracted wiih SUMA Informaiion Systems,, Inc.. ' to conduct an employee opinion survey. Charles Sune of SUMA will present an overview of the survey results and discuss strategies for addressing those results. , RECO~'iMENnED MOTInN AND REQUESTED ACTIO~S• It is requested that'the Board of Commissioners accept the report and approve action plan: ~. i ~ ~ ~ • " 1 .~ . . ~ . . ~• ~ ~ ~ . FU1'DING SOURCF• . Federal S: ~~ State S: " ` County S:. User Fees S: .~. Other S: " ,~ . . ' Money Is.ln Current l3udgct: New Appropriation Rcquest• :.Bud et Amendment Prc arcd: .. - ~ • ' ~~`. RF,VIE~YEn BY: . ,. LGL: - FIN:. _ BUD: HR: . COUNTY 1GiANA ,ER'S COMMENTS AND RF OyiMFNDATION~, Recommend the Board accept -the report and approve action plan. " , " Y • ~ , COt1NTY t~QMM~SSN ... " ~ ~ APPROVED Q `~ ~ , REJECTEE? ' j .. , REMOUEQ ~ ; , ~A ~ ~~qq ~ , ` Refer to Office Vision Bulletin Board for Disposition ~~~~ -°, ~~ "1~, --~ (z~y~ ' - . ' ~ ~ ~ f Evaluating Survey Results There are three different ways to evaluate the percent favorable results of a survey and determine if the facility needs to develop acion plans. ~ • .. , ' ' The first method is the percent favorable threshold. This establishes a minimum standard below which some action should take place. This threshold for action can be applied to the Core, IR Index and other categories of statements as well as the individual statemenu. The use of 70% favorable for the core and IR creates a threshold slightly above the national mean for the aggregate of these statemenu for hourly employees. The 70% threshold would appear to be low for certain statements such as pride in company, and for nonexempt and exempt employees who traditionally have much higher percent favorable results. This method of evaluation maybe the only applicable method for a first time survey; any facility that is being resurveyed has previous information to be evaluated as well as the current results. The second method of evaluating percent favorable results is to compare them, to the previous survey. Survey statement results that show significant changes need to be analyzed. A facility that has confidence in top management at 85% favorable in 1990 and 74% favorable in 1992 is very quickly headed for the 70% threshold. Action must be taken before the 1994 survey. The third method of evaluating percent favorable resu/ts is to compare them to division, corporate and national norms. Facilities with statement percent favorable values that are significantly below the mean for the division, or corporation need to have action plans formed. No facility should consistently remain below the corporate norm in any statement. Verbatim Analysis adds another dimension to evaluating survey results. It supplies the written comments that support the statistical results and it often uncovers issues that are~.not addressed . in the survey statements. By rewriting comments in separate categories,.the respondent cannot be identified and the analyzed comments can then be used in feedback sessions. The process of categorizing the comments and identifying them as positive, negative or neutral allows us to quantify them and produce summary reports. 6 ~,~~'s~~`~i"~ 71~ ~~w~~P~~~~l~ ~~~~~~ ~~~~~ ~~~ -, . ~ • . ~ - .. _..: .. _ ~ +, - • . ~_ Survey Feedback Procedures • The top operations or administrative manager of the work unit should make every effort to ' ~ ° orally present the survey resulu°to employees during group meetings, In most cases, the work •` s i h ld b ' .group uperv sor s ou e present during the feedback session. ' - ~ ~' - • • ` ~ Feedback session must begin no later than one month-from the day the survey resulu are - received. .' , feedback results should include, but not be limited°to, both overall facility results and the ... ' unit/work group. '~ - - Discretion should be exercised to preserve confidentiali ~of res rises es fall ry !~ pec y , within small work groups. ., ' ° ° ., ° - . • . . _ . .~ .. .. . i r ~ ^ . . ' ~: ., • ' ~,:. ~ ~ . • • ~ . . .. ,•. 7 . ~. _ ~. - - ~-2 _ rrepanng ror reearJacK Begin the preparation for a feedback session by reviewing the percent favorable resulu of the survey. The total_survey resulu that are summarized in the A and B sections of the Percent Favorable Report give a general picture of the overall survey. All reports have some "good news" and some "bad news" in them. It is important to communicate both the strengths as well as the weaknesses revealed by the survey. The A section of the Percent Favorable Report compares. the resulu of the current survey core U statemenu to the previous results. Here you should look for areas of significant improvement since the last survey, even if the results have not as yet achieved an acceptable level. Any area that has declined since the last survey should be noted. Even a small decline in a single core statement should be looked into to discover the underlying cause. This section of the Percent Favorable Report also compares the current facility survey results to the aggregate norms for your company and the National database. This information is helpful in understanding the average value for employee satisfaction with the core statement subjects, such as safety in your division or the normal value for the employee's pride in working for your company. Comparison information can be helpful in feedback sessions to put items in perspec7ive, but this comparison data should not be used to set goals. The 6 section of the Percent Favorable Report lists all of the statements in the survey in descending order by percent favorable with the comparison to previous survey results. Here the strengths and areas for improvement are easily identified for the feedback session. With this report you can begin to see where there are common problems that need to be addressed by the entire organization. Be careful and check whether each statement which scores low on this global report is caused by a common problem affecting most work groups rather than by a few groups with very low scores pulling down the mean. The G section of the Percent Favorable Report can quickly show the values for all of the groups for each statement. If the survey feedback sessions are to include presentations to individual work groups, prepare for the group feedback sessions by reviewing the F and H sections of the Percent Favorable Report for each group. These two sections of the report compare the results of each statement within each work group to the total survey results. This is where you can see the problems that are unique to an individual group of employees. Again, the goal is not to achieve the norm established by the total facility, but to understand why one group maybe having a problem. 8 ~ t l 7-3 1 1 1 1 1 1 1 1 1 Preparing for Feedback -continued After the percent favorable results have been reviewed, read the Verbatim Analysis Report. The A and B sections of this report provide a general summary of the number of comments in each category and by each group. Verbatim comments can often explain the statistical results. The C section of the Verbatim Analysis Report is organized by category of comment with positive and negative comments grouped together. Refer to the notes you made from the general statistical survey results to see if the verbatim comments reflect the same issues. Where the verbatim comments parallel the statistical report there is an opportunity to gain additional insights into employee concerns. This can be very helpful in a feedback session to demonstrate knowledge of and concern for the issues raised in the survey. If employees feel a thorough review of the survey results has been conducted, they will feel confident that the survey was worthwhile, that progress will be achieved and be more willing to participate in the process. The D section of the Verbatim Analysis Report is organized by group code. This section can be valuable in explaining issues raised by groups of employees, and it may also identify some good practices or highly regarded supervisors. Be careful with how information obtained from the verbatim comments is presented..The management team should never allow an employee to think that they know who made a particular comment. 9 ~~ Conducting Feedback Sessions The feedback session should be preceded with a request that everyone attend. Stress the ~ importance of each employee's participation in the process. This can be announced by memo or notice stating that the survey.results have arrived, and that the most important part of the survey process is about to begin. . It is important to communicate the survey results to employees quickly. The longer the time between the survey and the presentation of results, the greater the chance that issues will change or new ones will arise. Promptness in the presentation also reassures employees of the management team's interest in the issues raised by the survey. There are several ways to present the results of the survey. Depending on the size and organization of the surveyed population, one of several or a combination of presentation formats maybe chosen. If the number of employees surveyed was large with many group codes, it may take several weeks to conduct feedback sessions with each group. In this case, the best solution is to hold a single large meeting or several large group meetings and present the general results of the survey. (This type of presentation may not allow for a great deal of two-way communication and should never take the place of small group feedback sessions or one-to-one interviews.) At this meeting, inform the employees that each group will have the opportunity to meet and discuss the issues raised in the survey. This will assure the employees that you are working on the survey results. Small group feedback sessions provide a good environment to clarify the results of the survey. Discuss what the results mean. Try to focus on the issues that have been identified as significant, not the percent favorable values. Facilitate discussion and encourage two-way communication. Be sure to seek the views of each employee present The concept of feedback maybe new to some employees, and others may feel everyone will know how they responded to the survey if they speak. Soh~e employees may be apprehensive or shy; ask open-ended questions to encourage their participation. Don't talk ~ the employees or act as if you know all the answers, but let the group's discussion clarify the issues. One-to-one interviews with a randomly selected portion of the employees provides another way of obtaining candid feedback. Confidential interviews encourage the disclosure of information that is difficult to obtain any other way; however, the one-to-one process seldom produces the problem-solving type of brainstorming that can occur with small groups. It is impossible to conduct interviews with all of the employees that participated in the survey. Randomly select a predetermined percentage of employees, being careful not to introduce any biasing factors in the selection process. Of those selected some may refuse: If this occurs they should be encouraged to participate, stressing the importance of their part in the process. If they insist on not being interviewed, go on to the next person. 10 7-5 i _- , ~^ ' ' ' ~ r n '. i ' ,Forming, Action Plans - ~~ Action planning should allow everyone an opportunity to contribute -hourly employees as , .well as the management team should participaIe in addressing the issues and problems ' v disc d b th i i - h ' o ere y, e op n on survey. Eac employee s contribution should be viewed as part of a ` ' ~ possible solution. The resulu of the survey may have to be divided among smaller groups to , plan the solutions. ' Issues that are global and appear to be affecting most of the work groups equal) .should be • Y addressed by a committee or task force formed to resolve'that specific problem. The ~, committee should consist of management serving as facilitators or in an advisory capacity . along with a majority of employee members selected by management. ' ' ' - ~ Each of the groups assigned the responsibility to develop action ..plans should follow the same ' procedure: - . '~ ~' . ` : -~. Identify the issues that need to be addressed. ~ ~! ' Arrange the issues in priority based on those most likely to yield greatest improvement. ~ ' ' - Develop possible solutions with everyone's participation. .Consolidate ideas and develop realistic solutions. ' ' *` Determine the best possible solution from those proposed... ' ~ . - Describe the solution s steps in the.action plan: ` a '." Where'management has placed a financial orother constraint uporidhe committee's authority ,. ' ~ the committee should submit its ideas to management who will form an action plan. then return . ` ' it to the committee for implementation. Once the action plans have been formed, the group - should take each plan and complete the following steps: ~ ` ... ,_ ' - Assign responsibilities. , ' • . - Develop schedules.. , ..Establish expectedgoa/s. - Determine assessment criteria: , ' _ , r` - Sef'a timetable (or monitoring results. f.. Once expected goals' have been met, the committee will be discontinued. ' ," ~ . i il . ~. -. ~ ~.~ . I Conducting Survey Feedback Sessions -continued The interview process should begin with a friend) introduction an y d an explanation of how they were selected, Assure the employee being interviewed that he/she has done nothing wrong, and he/she has been selected to help clarify the survey resulu. Avoid questions that call for a yes or no response, but instead provide a discussion of the topics in the survey which elicits a narrative type of response. Give the employee time to proceed at his/her own pace, frequently pausing to ensure that he/she has enough time to complete his/her thoughts on the a subject. Gradually get more specific with the discussion but never try to lead the employee with preconceived ideas or knowledge obtained from other interviews. a a 12 i ,~ i ~. . - ~~ .. ' .- ,. , . :~ ~' Y Monitoring Action Plans . . . ~ > - Th e procedures and,umetable for monitoring each corrective action plan should be established -' '. at-the time the action plan is formed. The criteria of measurement and the measurement tools - + may vary, depending on the seriousness and scope of the issue. Each action plan can have - - _ only one of three outcomes: the situation improves, the situation gets worse or the situation remains the same. The monitoring process must be able to indicate which of these outcomes, ~ .. has occurred. . . ~. ~ Some action tans an m ni r p c be o to ed in an informal manner at regular meetings by placing the. topic on the agenda for discussion. This is particularly effective when the action plan is developed by a work group to resolve a local issue. In discussing the~effectiveness of the plan, ~ 'the group should be open to the possibility of modifying or changing direction if the plan is not ' making sufficient progress. At the same time, participants should be aware that progress on some issues may take more time than others. Any change to the plan should follow the same ` ..procedures described in Forming Action Plans. Action plans affecting a large number of employees that are developed by a task force or committee may need a more formal means of monitoring .their progress. If the action plan is ~ ~ ' _ specific. to a single issue, the group should consider the use of a focus survey. Because a focus -survey is concentrated on a single subject it can cover that topic in much greater detail. This k , ind of survey can use demographic identifiers instead of the traditional work group code- . __ numbers. Afocus survey provides additional insight into the cause of the problem and the - effectiveness of the action plan. - If th ti l d l d the ' e ac on p ans eve ope as result of a curve are broad in sco and cover s v r I ~ Y pe e e a ' topics, the best approach to monitoring the results may be.the use of an inspection survey. This survey is composed of only the core statements with pay classification identifiers. With this , type of survey each of the topics covered by the core statements along with the Core and IR . Index are compared to the resulu of the original opinion survey. Progress can be measured ~- . ~ ~• without the preparation time needed for a standard opinion survey. . : . ... . -. ` . < -: '. 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(D ~ ~p W 1C a. U W U ~ O -r ~ ~ O a F-- LL. J z W ~- Q Q W 3 n' ~ O ~ N m a N o O ~ w w ~ o W ~ ~ ~ N Z ~ N Q ~ O Z z j m ~ Q F- ~-+ ? w W ~ ~N ~ N ~ U I W C7 } N m 0 Z O W ~ >- W ~ } ZW ~ Z ~ W I ~ , ., J I ~ to W W ~ N ~ U 1- Q ~ O z Z O Z 0 N ~ O O ~ ~ ~ 0 Z w L~ W Q ~ UZ ° ~ I WO W ~ U ti > w 2 W ~ W > W 1 U Q 2 o N ~- 2 LL ¢ J W -r ,...~ ,.., ~a ~ ~.y Z W U .W-~ ~ ~ ~ ~ , .~ I I This page intentionally left blank ,, 22 s r e 0 REQUEST FOR BOARD ACTION v Meeting Date: 11/17/97 Regular Item- #: 4 Consent Item #: Additional Item #: Department: Tax Presenter: Page Count In Agenda Package: 30 Contact: Roland Register SUI3.iECT: Appeal of Value - 1986.33' Bertram Boat - C. William Barker BRIEF SUMMARY: See Attached RECOMMENDED MOTION AND RFO FSTFD ACTIONS• See Attached FUNDING SOURCE: Federal S: State S: County S: User Fccs S: Other S: Money Is In Current Budget: Ncw Appropriation. Request: ' .. ' Bud et Amendment Pre arcd: LGL: FIN: BUD: N/A CGRIFFIN HR• N/A AMALLETT~ COUNTY MANAGER'S OMMFNT AND RFCOMMFNDATIONS• Concur with Tax Assessor's findings. +/ tQ,NTY COMMISStQN~$ APPROVED REJECTED C$' ~15~es~c/ i~~:(~u.~. ~ f ~/,'3, oe~ `k' REMOVED D ! PosrponlE~ a 2 3 .. HEARD . d. Refer to Olfce Vision Bulletin Board for Dis osition ~y ~ ~~M~~F ~/~ I P {~~TE w~.i/~~/ rr~~dd v P ~ -~ l r~,~1 J - r3-- ~p~-a-L~~d C~-pl~,i ~f> ~ APPEAL OF VALUE - C WILLIAM BARKER NOVEMBER 17, 1997 (Mr. Barker has provided extensive material, including my responses to him, for consideration on his appeal of value. All has been included for the Board's review.) From a marina report, it was determined that Mr. Barker had not listed his 1986 Bertram 33' boat for 1997 taxes. On August 19, 1997, he was sent a discovery notice (tax department exhibit 1) identifying the property and tentatively assessing it for $87,OOO,~the lowest value published in our primary adopted guide, BUC RESEARCH, for several models of the 33' Bertram (see adopted guide and backup guides, tax department exhibit 2.) Mr. Barker responded that he purchased the boat for only $67,000, and it was not listed due to his questioning wl~o owned it following hurricane damage. My response September 16 (his exhibit I) asked for proof to support his claim of value. After reviewing his marine survey (his exhibit C ), insurance settlement (his exhibit F ), and estimate of damages (tax exhibit 3 a-d ), my letter September 23 (his exhibit J) notified him that I would reduce the value by $44,173 from the survey value of $78,000 (his exhibit C page 7 of 7.) My opinion vas that some cost vtitas not related to the hurricane and some was over and above normal maintenance and repairs for a used boat. FROM MY PERSPECTIVE: - Some minor, but cosmetic cost, would be a reasonable expectation of the owner. - Anti-foulant paint is an annual need. With the ongoing dispute over insurance, this probably was normal maintenance ~•hen finally done. Stripping to inspect damage was abnormal. - The survey pointed out the props had dinged blades but were serviceable before the hurricane. Damages were not conclusively a hurricane related reason for replacement. I doubt tl~e adjuster knew the pre-hurricane condition. - Repair estimates (his exhibits C) ~~ere related specifically to citations in the survey, and not to the hurricane. - The gas engines were 10 to I I years old. Overhauls, manifold replacement, fuel lines, and tl~e like are expected at that age. - A $5000 to $6000 estimate of extensive engine repair pointed out by Mr. Barker was not supported by a separate survey. If anything, it points out that the engines were in need of repair, not replacement. TOTAL -- REPLACEMENT OF THE ENGINES AND ACCESSORIES ARE NOT EXPECTED FOR THAT AGE BOAT. - .Estimate of repairs at replacement cost as previously submitted to me (my exhibit 3d) were $1,171, somewhat less that the insurance company vas willing to pay. - To reduce a used boat value for damages valued at replacement cost is an inconsis- tent basis on which an assessment should be revised Therefore, it is not reasonable to reduce tl~e $78,000 "survey value" of a "used boat" by the $7,800 claim settlement. ~~Q ~~'~ ~"~: ~~Il9+11~~~Q Mr. Barker in his ex~bit~G-~s~t~at~e~s~'for the purpose of settlement" the value is $12,200. The Tax Department doe~not~a~c~~e-pt~~4ettlement" or "compromise" as substitutes for objective 2>~soning from availa~bl~e-~~a~c~t~~~ >~~~ :: ~. ~" C WILLIAM BARKER APPEAL PAGE TWO CONCLUSION: i Tlie Assistant County Attorney, Kemp Burpeau, and I have reviewed the tax file and documents from Mr. Barker. Mr. Burpeau agrees with my approach to the value. I conclude that adjustments as suggested by Mr. Barker are excessive. I conclude that tl~e January 1, 1997 value of tl~e boat is estimated to be $33,S00. RECOMMENDATION TO THE BOARD: ]- That the value for 1997 be upheld at $33,800 for the used boat in damaged condition. 2- Tliat late-list penalties apply to Mr. Barker's failure to list. This is equal treatment with all others ~vl~o failed to list whether due to hurricane da-nage or otherwise. Tl~e Board. may also wish to have Mr. Barker rovide tl~e re air status of ~~ P P 1 is boat. This will allow the Tax Department to adjust the 1998 value to consider a proper relationship of this particular boat's value in proportion to current publications of market values of similar boats -- whether up or down. The ratio of value from the survey's $78,000 to the BUC value for tl~e model at $91,300 is 8~%. Then for 1998, leis value should be adjusted to 85% of the published BUC "low" value. This will eliminate a recurring need for the Board to rule on the matter. Tax Department exhibits: 1. Copy of discovery notice 2. Primary and secondary pricing guides for 1997 slowing average value ranges exceed his purchase price 3. Detailed estimates of repairs previously provided at my request BCC976:bar COASTAL CAROLINA YA~HTYARD September 27. 1996. TAX DEPARTMENT . EXHIBIT 3 °v :~ Mr . B i 11 Barker ~ ==~ :. < v <.,,, Re: 33' Bertram 'Sun Star' • .. _ ~'. •~ ~ S T T M A T 6 _, i u~.~.~ L A 8 O R P A R T S 1. Strip antifoulant from hull bottom. Inspect for unseen damage: 32 hours........ ~ 1.284.00/ s 150.00 2. Repair visible fiberglass damage to hull bottom. 48 hours........ 2.016.00 225.00 3. Repaint bottom with 2 coats antifoulant. 8.0 hours....... 296.00 300.00 -• 4. Repair fiberglass damage to port forward quarter at water line. 4.O hour9....... 168.00 25.00 ~ ~ti = R°p~~nt 2 boot stripes. ~y~ ' .. . 18.0 hours...... 756.00 ° 1~~.00 6. Repair gelcoat scratches to hull- sides. 14.0 hours...... 58H.00 90.00 ~y 7. Compound and polish hull sides. 00 50 12.0 hours...... 444.00 .. 8. Replace 2 hull side vonts. 00 42 60.00 1.0 hour........ . 210? Middle Sound Loop Rd. Telephone (910) 686-0004 Wilmington, North Carolina 28405 F.4X ( 910) 686.0008 -2- ~ ~. . g. Replace fiberglass swim platform and hardware with ladder. ... $ 0 hours 0 ... . 1 10. Raplace Propellers. .•'•'. 2.0 hours. Shi~a~n9.---.... X 11. Remove shafts. Swing on laths to -- chock run out. 14.0 hours...... Sublet .'..... . . 12. -Align enginas. 6.0 hours........ f 13. t e air gelcoat at starboard a R p gunwale air scoop- 2.O hours....... 14. Repaint 2 starboard gunwale air scoops. 5.0 hours....... 15. Repair fiberglass at starboard midships cleat. 3.0 hours.... .. 16. Replace flag staff at bow rail peak. . 5 hour ........ . 17. Replace forward port section of rub rail. 1.0 hour......._ 18. Repair gelcoat at port forwsrd sling mark. 2.0 hours....... 19. Replace port salon window scroen. 2.0 hours....... X 20. Wet sand, compound and polish fly bridge exterior. 10.0 hours..... TAX DEPARTMENT EXH131T 36 420 .00 P A R T S 1.600.00 84.00 1.700.00 125.OO~F ' 588 .00 ~ 75 .00~ r 252 .00 84.00 210 .00 126 .00 21 .00 42 .00 8a.oo 84 .00 15 .00 30 .00 20 .00 50 .00 50 .00 15.00 20.00 370 .00 30 .00 27 TAX DEpART~"~i~lT EXHi31T 3~ - 3 - (~ A 8 4~ p A R T 5 21. Replace fractured VHF antenna. 3.0 hours_...... $ 126.00 ~ 80.00 22. Replace air horns. 3.0 hours..:._.. 126.00 230.00 23. Compound and polish hose. 8.0 hours....... 336.00 50.00 24. Replace aft cockpit stern panel. 6.0 hours...... _ 25200 375.00' ,3 ~ ,. ~ ~ 25. Replace starboard stern corner toak trim. 1.0 hour........ 42.00 10.00 26. Repair gelcoat at bottom of starboard aft hawser. 2.0 hours....... 84.00 15.00 27. Replace port aft bulkhead window assor~bly and frame. Remake teak frames . 20.0 hours...... 840.00 300.00 28 adjust salon door. Realign and . . 3.0 hours....... 126.00 5.00 29 Sand and varnish salon teak work. . 17.0 hours...._. 714.00 50.00 30. Clean carpets. 100.00 25.00 31. Clean interior. 100,00 20.00 32. Reassemble fly bridge windscreen and railins. 4.0 hours....... 168.00 10.00 33. Repair port fly bridge side curtain So.Oo 34. Replace Compass Richie Powordamp 6"- 0 hour 2 8.00 250 .00 .. _ ..... . 2 ~ ~L K 35. Compound and polish fly bridge Z~ 28 console , 4.0 hours....... 168,.00 15.00 ,% •. h ;. ,; ,~ ... . . , - - TAXI DEPARTMENT q . - , 3d. ExHiaiT _ ~ _ _ 4 - , , " ~• a: ~ A ~ 0-R 4 P A- R ?~$ ~.r ~.36., `Replace Sitex Digital .depth with , ~ brorixe transducer . ~ 7.0 hours....... ~ _00 '' ~ 2 9 . '$ 430:00 _ . x / ~ 37 . ;. - Replace Guest synchronizer . ~ 0 hours - 7 12.6 .00 lOS .00 . --" .... - .. ~ 3. ~ ~ - ~;' .- 38 , Replace Furuno loran LG90 , 7 .O hours'...... 294 .00 : , ~ ~ - 1 ;~30 ,00 .. ' f z'/~. - ~ 39 . Rop lace- Furuno 6' color.: f ish finder . 00 336 930 :00 8.0 hours. ..... . G - y, ~ ' 40 .- •r ort helm seat back. Ropaz P ~ _ 60.'00 20.00 ~ 41: R~,fasten trim tab pump. . 0 hour 1 42.00. ~ , ° _ - ... . a2. Replace 9onorator. 32 . o hours ... - - • 344.00 l , 15.0..00 - ' .. ' . SE52 Kohler generator. 6 . 6,300.00 ` . Frbi9ht ........ • 150.00 ' ,~ _ .. .. n di ~ " ~ . 4"3 ngs o ssion rea Perform compr,o . engines and generator. Both engin©s , ~ ~ •have-low compression. Port engine. full of water . ~ , ~ - , . •. cylinders were 0'0 126 ~ 3 .0 .hours .. . . .: .. 44. ' R;oplace on9i`n`3. ~ - - ~80.O.hours..._. 3,360.00 - ___.. ~ ~J 2 "2 Marc. 454 with 5000A gears ,and ing ool te w 16,468 .,00 , , ° • . r e a fresh . 0 250. o - Freight.: ~ _ ~` - . - , . _ • Labor.......... $ 17.157..00 '• •. ~ .. parts......... ' . 31 ,523 .00 . ..: - _. Sublet...:.... 7s.oo _ . , . , - Freight..... .- 525.00 .. x T 1 , 891_38 . ' . .. a ~ ~ 7 0 .7 A'~L.... s 51.171,.38 _ . ~ ~~IRO367[1dC~.o[ .~ ' i • ! • - ~ ~ ~ - := ~ `~ -. . - ~ I . NEW HANOVER COUNTY TAX DEPARTMENT 32U CHESTNUT STREET TAX DEPARTMENT WILMINGTON, NORTH CAROLINA 28401-4090 EXH131T ~- AUGUST 19~ 1997 (P097000267 ) BARKER C WILLIAM BRENDA L 224 SEACREST OR WRIGHTSVILLE B. NC 28480 LISTING SECTION (910)341-7136 ,~ . Y; .;, NORTH CAROLINA LAWS REQUIRE ANNUAL •LISTING'OF PERSONAL PROPERTY IN_JANUARY. THE INFORMATION GOES NOT CARRY FORWARD FROM YEAR TO YEAR. OUR RECORDS INDICATE THAT THE PERSONAL PROPERTY DESCRIBED BELON SHOULD 8E TAXED FOR 1997 IN OUR JURISOICTION~ BUT WE 00 NOT FIND YOUR LLSTING. IN ACCORDANCE WITH NCGS 105-312 IT IS THE DUTY OF THE TAX ASSESSOR TO DISCOVER ALl PROPERTY NOT PROPERLY LISTED. WHEN PROPERTY IS DISCOVERED FOR THE CURRENT.YEAR~ IT IS PRESUMED THAT IT SHOULD ALSO BE OISCOVEREO FOR THE PRECEDING FIVE YEARS UNLESS RECORDS ON FILE WITH OUR DEPARTMENT INDICATE OTHERWISE. WE ARE IN THE PROCESS OF DISCOVERING THE PROPERTY BELOW FOR THE CURRENT YEAR .AT THE VALUE INDICATED. ~ ° ltUNITS YEAR DESCRIPTION VALUE LOCATION 1 86 33FT BERTRAM YACHT 87000 2107 MIDDLE SOUND LOOP RD IF YOU DISAGREE WITH THIS DETERMINATIONS A NRITTEN EXCEPTION AND EXPLANATION MUST BE FILED WITH THIS OFFICE WITHIN THIRTY DAYS FROM THE OATS OF THIS NOTICE: OTHERWISE THE DETERMINATION BECOMES FINAL AND APPLICABLE BILLS WILL 8E PREPARED. YOU HAY ACKNOWLEDGE THIS DETERMINATIONS MAKE CORRECTIONS TO DESCRIPTIONS A80VE~ OR STATE REASONS FOR EXCEPTIONS BELOW OR ON THE REVERSE SLOE OF THIS NOTICE. REASONS MAY INCLUDE YOUR SALE OF THE PROPERTY. BEFORE JANUARY 1~ 1997 (STATE THE.OATE OF SALE ANO THE BUYER'S NAME ANO ADDRESS) OR YOUR LISTING OF THE PROPERTY IN THIS OR ANOTHER COUNTY PRIOR TO THE GATE OF THIS NOTICE (STATE THE COUNTY AND THE EXACT NAME IN WHICH IT WAS LISTED). I ACKNOWLEDGE TO LIST IT. DESCRIPTION THAT I OWN THE PROPERTY DESCRIBED OR CORRECTED ABOVE ANO WISH DATE PURCHASEO_______ PURCHASE PRICE i DISAGREE WITH THE~DISCOVE•RY OF THE PROPERTY DESCRIBED ABOVE BASED ON THE FOLLOWING- -~~. Q~ _ _ ___ _____ UNDQENAITIES OF LAWS I AFFIRM THAT TO THE BEST OF MY KNOWLEDGE ANO BELLEF~ THi TE LISTINGS INCLUDING ANY ACCOMPANYING STATEMENTS IS TRUE ANO COMPLETE.I,.' S IGNATURE_~__~___ ___DATE~__ PHONEtt__________ SOCIAL SECURITY~t__________ EMPLOYER___~ ^ 1 ~~ /ADO PT~.D GUIDES -1g9~ ' P2tMAiZY- BUC RES~I4RCH SUNiMEQ-~A~~ 'gc. TAX DEPARTMENT ' BERTRAM YACHT -t:ONfINt,ED SeelnR idR cover co +dJu+t pr ice fo r +r-+ EX H I B I T 2 1 - ~ LOA NAME AND/ TOO/ BOAT -INLL- PT IN OR MODEL RIG. TYPE MTL TP ..... ............1986 BOATS--_.... --••_--••_ 70 7 Ei DRESS CRUISER OP RiP iDG DV 70 7 Ei DRESS CRUISER OP EiP FOC DV )0 7 FLYBR IOGF. CRUISER iB SON - FBG DV )0 7 SILVER •ANNty ]l FB CR iBG DV )7 ILYBRIDLE CRl11SER FB SON FOG DV )] PLYBR IDLE CRUISER FO SUN iOG DV 7] SDORT FI SIIEMMAN FB SDNSP iNG DV ]) SDORT !1511 {:NMAN FN SDNSP Fi/C. DV )S a (•ONVERTI OLE ]5 II FB CNV iI1G DV ]S a CONVi.NT111LE ]S 1I ill CNV i11G UV )7 9 CONVERTIBLE. )7 ill CNV i11G Uv 77 9 CONVERTIBLE 77 FB CNV iuc Dv ]7' 9 COrNF.RTIULE ]7 PB CNV FOG DV )8 S CONVERTIBLE 78 111 i0 CNV YIIG DV 78 S SDECIAL ]9 TT SF iDG UV ' )8 S SDECIAL 78 TT SF iI1G DV a7'- L CDM/ENTI DLE iD CNV FIN: pv a7 C YACHT i0 MY FIIG DV a7 6 YACHT iB MY !FIG DV a6 L CONVERTIBLE iB CNV FMG DV a6 L CDrrVERTI BLE a6 III i8 CNV iBG DV a6 6 YACNT~ FB MY iUC DV Sa CONVERTIBLE FO CNV FBG OV 5a CONVERTI BL6 Ftl CNV iDG UV - - --ENGINE--• BEAM M(.'i DRA iT RETAI~ TD a NP MFG i7 IN LBS FT IN tAM •__•-•-__......-....---••-- I8 7]70 II 7 16100 ) 66]00 IB 77150 GN 11 a 76100 ) 80600 IB T)SO CLAUS 11 a 1)910 ) L1900 IB TlaO MERC I1 Z 1OL00 7 f S7L00 IB T]a0 MERC 12 8 91700 IB T770D CAT 17 L 727]0 ] 11x000 IB T]a0 MERC 12 8 97000 IB T770D CAT 17 L 71565 7 109000 IB T)a0 MP.RC 1] ] 7 j 99100 IU T170D CAT 1) ] 7)000 ] 7 179000 IB TJaO nERC U ) 75500 ) 9 171500 IB T)75D CAT i] ] 79000 ] 9 1L7500 1B N )SD Q1 1) 7 78000 ] 9 377000 IB T)75D CAT 1) ) )0x00 a 1 177500 IB T)75D CAT U ] 7R650. a 1 175500 IB TaJSD CM l] ] 7865U a 1 185500 10 Ta75D r:M la 10 )9x00 a .7]9500 IB TJaO Mi:RC la !0 9000 1 190000 Ip T775D G+1 la 10 ]9000 a 777500 IB T600D GM It aa900 a C 798500 10 T600D GM 36 u900 a L ]06500 IB TS70D CN )L x5600 a L 710000 IO T870D CM 1C )l LS000 a 10 x77500 IB 79150 CM 11 11 15000 a 10 x97500 A1L 1 MIGM -77800 88600 68100 58900 100500 175000 95600 170000 109000 1x7000 111500 17+500 189000 !90000 17)000 70x000 2L 7500 709000 750000 ]78000 ])7000 1x0500 57aSU0 Sa L500 I ACTL/Iq` t~1aDeL j yAt_UED /y LOW65•T M ~` W F USE LO~ ~~ - ~ oDEI_. RE TA1t_. ' Se ) TAC71T FB MY FBG DV IB TL)SD 611 17 11 87500 S a L}a000 49L500 SECONDA - RY N C~ D A SAN - f~P ~ g~ MODEL NAME/ BOAT HULL LGItLQE~91PTION TYP MTR 1987 BERTRAM YACHTS (CONY) VALUE • • RANGE N ./F lOW AVG HIrN . _ ~ ' ~ 33' FLYORIDGE CRUISER 13' SPORTFISIIEIIMAN 33' Flr8R10GE CRUISER J7 SPORTFISHERMAN 38' CONVEHTiOLE 37 COIavERTI~Ea2 4Y FlY1NG BRIDGE MTR YACHT a6' FlvwG DRIDGE CONY 46' .FLYING BRIUGE MTR YACHT 50' FInNG BRIDGE CONY S,' FLYING BRIDGE CONV - 1986 - 28' •9AHIA MAR 28' 11fLYORiDGE CRUISER 3t' ExPRESS CRUISER 3t' FlY8R10GF CRUISER 3t' ExPRESSCRUISER 31" FLYDRIDGE CRUISER 3I' SIIVERANNIVF.RSARYEO 37 FlrBRIOGECRUI;ER J3' SI'ORTFI;HEHMANII 3T CIVORIOGE CRUISER J]' SPORTFL°,HERMAN 35' CONVERTIOIE It 35' CONVERnUIE n 39' CONVERTmIE 38 m Ze' SPECIAL 31]rSF SEC 0 N D R ~2Y Model ~ Bertram (Cont.) IN00 FG 20 114450 130C,00 146750 IN00 FG 2O 1140W 130100 146150 INDD FG 2G 06450 98650 110800 INDD FG 2G P3700 95500 107300 IN80 FG 20 109600 793550 217450 tN80 FG 7D '124400 756050 287700 INRD fG 2U ?19150 ?50050 280950 INDD FG 20 262450. 299500 336500 INRD FG 70 254050 28~l00 325700 INRD FG 2D 315500 360000 404450 ' INUO FG 2D 4182(x) 477200 536150 - 1986 - !NOD FG 2G 41550 47400 $;7250 INDD FG zG 45300 51700 58100 INDD ' FG 20 62350 71150 79950 INRD FG 20 62850 717:,0 80600 INDD FG ?G 55500 fi3300 7)100 wR0 Ff. 2G 55600 63x50 71250 INRD fG 7G 56200 Cr4t50 72050 INDD FG 20 107650 )22850 !78050 INBD FG ''D 105900 120050 135750 IN00 FG 2G 81700 93200 )04700 ~.- INRD FG 7G 01300 92800104250 INRD FG ?0 110`100 )265.10 14"1150 wOD FG 2G 79950 91250 102500 wUO FG 20 141900 161950 181950 IN00 . FG 2D 166350 189850 213300 = HBO S- 1~3q 7 Ap proi. Lsnglh M+i NRt Mull F.0.8. Ov.nll BRam Drdt Boel Wt, -EnglnR- M+. - or P.O.E. FL6 In. In, In. TypR ibR. Typ• N.P, ' ~ brIRI Prlc• • Im+IRd Ava Tr+dR•In V+IuR Lsu RRpRIrR low Hlgh - ~__/~ 1\6 l l'1 Coda - ' . 33 Sport Fishermen , , , , , , , , , , , , , , 37'0" 33 SpoA Fisherman .............. 33'0" 35 It Convertible ...........::::: . ]5'4^ J5 11 ComeAiWe ........... 35'4" 7511 Convertible .......:......... 35'x" 38111 Convertible ................. 30"5" J8 111 ConveAlDle ................. 38'5" 42 Convertible ................... 42'6" 4? Convertible ................... 72'6" a2 Yacht ........................ x2'6" 42 Vacht ......................... 42'6" 46 Convenible .........:.....:::. 46'6^ a6 ll Convertible .............. .~ 46"6" a6 Yacht...........' ............. 46'6".' 54 Converl~Dle ................... 54'0" 54 ConvaniDle ................... 54'0" 58 YachL ......:............:... 58'3" 12'6" 12'6" 13'2" 13'2" 13'2" 13'3" 17'3" 14'10" 14'10" 1x'70" 14'10" 16'0" 16'0" 16"0" 16'11" 16'11" 1711" 1985 (Cont.) $F 19603 IB 2.320 SF 21565 t8 2.2700 SCR 22500 IO 2.320 SCR 24264 18 2.2150 SCR 24500 IB 2.3000 .SCR 28650 IO 2-]550 SCR 30400 10 2.3800 SCR 39400 IO 2.4500 SCR 39600 IB 2.4750 Y 36x00 IO 2-Ja0 Y 38650 18 ?•3750 SCR 45300 IB 2.6000 SCR x5900 IB 2.6000 Y 46200 t8 2.5700 Y 65000 IO 2.6750 Y 65200 t0 2.8200 Y 87500 IO 2.6750 Fbq. Ft>q. Fbq. Fbg. Fbq. Fbg. Fbg. Fbg.. Fbg. Fbg. Fbg. Fbq. Fbg. Fbg. Fbg. Fbg. Fbg. 108180.00 154380.00 131650.00 169100.00 180750.00 219835.00 240900.00 288660.00 296400.00 232x00.00 286390.00 363845.00 -388715.00 373740.00 518765.00 600595.00 599860.00 60600.00 86500.00 73800.00 94700.00 101300.00 123200.00 135000.00 161700.00 166000.00 130200.00 160400.00 203800.00 217x00.00 209100.00 290600.00 336400.00 336000.00 70x00.00 100400.00 85600.00 110000.00 117500.00 1x2900.00 156600.00 187700.00 192700.00 151100.00 186200.00 236500.00 252300.00 2x2700.00 337200.00 390400.00 390000,00 ER609001TV ERI15a00RV ER99500RV ERt26500RV ER1]5200RV ER164a00RV ER180t00RY ER215800RY ER221600RV ERI73800RV ER21at00rtV ER2720001TY ER290z00RV ER27910pRV ER387800RY ER4a9000RV ERN810pRV ~ 1986 ' , 26 11 Sport Convertible ............ 29 Banla Mar......... ... ........ 2011 Flybridge Cruiser .... r..~..... 30 Espress Cruiser ............... 30 E.press Cruiser ............... 30 Flybridge Cruiser .............. 30 FIYDridge Cruiser .............. 33 Flybridge Cruiser .............. 33 Flybridge Cruiser .............. 33 SI]on fisnsrmen .............. 3J Sport Fisherman .............. 26'2" 28'6^ 28'6" 30'7^ 30'7" 30'7" 30'7" 33'0^ 33'0" 33'0" 33'0" 10'0" 1 t'0" 17'0" ~ 11'4^ 17'4" 11'4" 11'4" 12'6" 12'6" 12'6" 12'6" SCR 8726 IB 2.185 SCR 11700 18 2.260 SF 11400 IB 2.230 SCR 16710 18 2.320 SCR 17718 IO 2.2150 SCR 15960 IB 2.320 $CR 16960 18 2.2150 SF •20)00 IB 2.340 SF 22065 IB 2.2700 SF 19603 IB 2.340 SF 21565 18 2.2700 Fbg. Fbg. Fbg. Fbg. Fbg. Ft]g. Ft]g. Fbg. Fbq. Fbg. Fbg. 43950.00 70315.00 74460.00 95700.00 122175.00 96960.00 122775.00 118180.00 164300.00 115125.00 )57905.00 25100.00 40100.00 42500:00 54600.00 69700.00 .55300.00 70000.00 67x00.00 93700.00 65700.00 90700.00 29100.00 ER33a00RV 46500.00 ER534001TV 49200.00 ER56600RV 63200.00 ~E~2700RH 80700.00 _~./l`~ 2800RV 64000.00 ER736001tV 81100.00 ER93200AV 78000:00 ER897001TV~~ 108500.00 ERt2480DRY 76000.00 ER97100RV 104300.00 ERit990pRV APPELLANT'S EXHIBIT ~- October 6, 1997 The Board of County Commissioners Ne~v Hanover County -Tax Administration 320 Chestnut St. -Room 209 Wilmington, NC 28401-4090 Re: Po97000267 Please find the following material requested in Mr. Roland G. Register's letter of October 1, 1997 (copy attached). ~ 2) Evidence of original ~•alue 1. Copies of.tanceled checks issued for purchase of boat. Exh. A 2. Copy of page from Official BUC used boat guide at time of purchase -Exh. B ~. Copy of M.B. Ward and Son, Inc survey dated July 31, .1996. -Exh. C 4. Copy of Coastal Carolina Yacht Yard estimate of repairs. Exh. D ' Evidence of ~•alue on 1-1-97 ' 1. Copy of insurance adjuster's initial damage report -Exh. E 2. Cop}~ of Final insurance settlement report dated 3-4-97 -Exh. F Other ~crtincnt m:~tcri:il l . Copies of my letters dated Sept. 18, and Sept. 29 attempting to resolve this matter. Exh. G and H. 2. Copies of letters from Roland G. Register dated Sept. 16 and Sept. 23. Exh. I and and J. Very truly yours, ,1~i1 ?ZZ "~ i-~~ ~~ -,- .~~ L~--- ~f :% ~ - C. William Barker ~' i 224 Seacrest Dr. Wrightsville Beach, NC 28480 ,~ ,.. t t F t A ROLAND G. REGISTER TaxAdministrator October 1, 1997 APPELLANT'S EXHIBIT NEW ~[ANOVER COUNTY TAX ADMIlVISTRATION 320 CHESTNUT STREET, ROOM 209 WII.MINGTON, NORTH CAROLINA 28401-4090 FpNONE (910) 341-7131 C. William Barker Brenda L. Barker 224 Seacrest Drive Wrightsville Beach, NC 28480 Re: Request for public hearing before Board of County Commissioners - P097000267 1986 Bertram Dear Mr. and .Ms. Barker: For us to schedule your appearance before the Board, you must provide us with all evidence, documents, and proof of the value of the boat as of January 1, 1997. You must provide all legal citations and arguments you wish the Board to consider. They will not consider additional evidence at the hearing. All material must be 8 1/2" by 11" and of sufficient quality to make ten copies for the agenda. Upon receipt of your material, it will be reviewed by the County Attorney for a recommendation, and a date for the appearance will be set. If I do not receive your further information within 30 days from the date of this notice, my determination will have been final. Sincerely, ~~~ ~~~ Roland G. Register copy: P. J. Raynor, Collector of Revenue K. P. Burpeau, Asst. County Attorney 33 ~~ ~~ z ~' • gt i __ ~ r- o ,~ °a °n O .`~ a ~ ~ ~ OO .I W m r O ? ~ ~ ~.o. ~ ~ ~=~ ~ ~~ . inn o ~_ ~ r-n_ r o' = 3 C=7 "'~ ~ ~ e2 ~ oC~ n'= jn ~?~ • ~ O ~ ; ;~ n ~p ~.:+ O ( . . ~ ~T 1 {J1 O ~ nN/• ~~ 1 IJ N a N /`+ ~~ I m O ^ Q ~J ~ r7 j_C O ~ ~O. a r e~ {~ .~ fL Q~ I Q I b I ~' v ` i o (V S \ ~ Q h ~ Q ~ 3~ o cn 13 Q o ° N t r :~~ ~ ~ ~ ftJ O O O 1 1 r ~ o 1 ~ =_ w G ~ H 00 r r ~ ~ ~ O . ~~ i . , ~~ ~i ~,. _~ S 30.^ 2~ ~~ is Qj S~ is 8 9 1 a A rn 3 7F 3 7F ~'. K 34 APPELLANT'S EXHIBIT A ~K~~ ,~ ~ a ~~ .~ --.- a a - ~ -- -, ~-. .. . . C _ - S` -~ n .- F'- r , 1'- ~ ~ rl C~ r 8 ~ ,~ a y. .x L~ m n ~~ c. Q r• -1 X Q ~ Q _ _ '.r n _~ f: y Imo- ~ ~i V W O .o o~ ~_~ ~ ~. B _ ~- ~ a R ~"'' 7. O Fr ~ - ~ /~-' r w o -'t 9 C. !:~ U7 P rt K K X co. m ro --t r o a 0 n G. ~ ~ o C h ~ QI Q~ • I/~~~ • ~_ ,-.. ~ri~_- W ~~ /~ ~ ~ O C~ ~. ~ CD CJl ("~ ~ l_.. =~ O ~I l l 1'+15 is Feo7;~n RCS ~. No ~ C3uC, ~~ ~` ` ' ~r T P 1 1rJ p ~ C A TED ~` ` E ~' ~. 1.engtN Ya= Net Hu11 AFppO~_- ~I~tsd Overall Beam Dntt Boat Wt -Fnglne- Llo- or V.O.E Av~Tndo-ln Vdw Yodel ~ Ft 8 In. In. In. Type- l.da: :Type H.P. brlal Price Low ss RepalHlgh Codes Bertram (Cant.) ~~1 L ~. 198d (Cont.) ;~ 30 FlyDridge Caiser,,,,,,,,,,,,,,, 30'T 11'1' SCR 15300 IB 2-320 Fbq. 91235.00 50730.00 58710.00. ER67551RV ;~. 30 Flybridge Cruiser • . . ........... 707' 11'4' SCA 17000 IB 2-2150 FDq. 116075.00 61980.00 75210.00 ERB6528AV • • 33 Flytlridge Cruiser : , , ; ; - - • • . 33'0" 12'6" SF 20100 IB 2-230 FDq. 109520.00 62x26.00 72283.00 ER83125RV 't 33 Flybridge Cruiser , , , ; , , , , , , , , , , 33'0" 12'6" SF 22065 IB 2-2700 Fbq. 152885.00 87144.00 10090x,00 ER t 7 60xORV • 33 Sport Fisherman ; , , , , , , , , , , , , , 33'0' 176' SF 19603 18 2-320 FDq. 106085.00 60157.00 3.00 ER80503RV. ;-5 >3 Sport Fisherman . , , , , , , , , , , , 33'0' 12'6' SF. 21565 IH 2-2700 FDq. 1x6385.00 ~.00 ER111 t 0681( 35 II CamertiDls ................. 35'1" 13'2" SCA 22500 18 2-320 Fbq: ~~ 163.00 ER97937RV •~ 3S II Comersible ......... 35'd' 13'3" SCR 2t26a IH 2-2150 FDq. 9. e. ERt25818Rt( _.: 35 II Convertible .............. •. 35'x' 133" SCR 2x500 18 2.3000 Fbq. 0 ~102x. ,00 ER134521RV :.%• ~- •-. 38 III ComertiDla ..................38'5' 137' SCR 28500 IH 2-3000 FDq.~,11187 136768.00 ER1572a3RV ~~ 38 111 Convertible, , , , , , , , , , , , , , 38.5' 137' SCR 28857 IH 2-3550 FDq. ~.~ ~""'. 122849.00 1 12216.00 E R 163583RY ~ . 38 III Corneruble .................. 38'5' 137" SCR 30x00 IH 2-3800 >•' Fbq. 236167.00 13x615.00 155870.00 ER179251gV ~, a2 CorrvrtiDla ...............!.... a2'S' 16'0" SCA 385E8 13 2-4500 FDq. 283000.00 161310.00 186780.00 ER2tx797RY, ~~- t2 Convertible ................... 476' 16'0' . SCA 39100 IH 2-1350 Fbq. 287360.00 163795.00 189658.00 ER218tO7RV ;' ., a2 Yacht......... 476' 16'0" Y 36x00 IH 2.3400 - - ' """"•""•• FDq. 227805.00 1298x9.00 150351.00 ER172`•IOaAV ;~~ a2 Yacht......,,,,,,,,,,,,,,,,,,, 42'6' 16'0' Y 38650 IH 2-3750 Fbq. 280775.00 1600x2.00 185312.00 ER213109RV, x8 CornsrtiDle .:................. 46'6" 16'0" SCR 45300 18 2-5700 FDq. 753890.00 201717.00 233567.00 ER268602Ry - 18 II Comrertibla , , , , , , , , , , , , , , , , , 46'6' 16'0' SCR 45900 18 2.5700 FDq. 377685.00 215280.00 2x9272.00 ER2B6663RV .: 48 Yacht. • • • • • ..............::.. x6'6' 16'0" Y x6200 IH 2-5700 FDq. 366020.00 208631.00 2x1573.00 ER277809RV .~ .. -- - 54 Car:vertbte....' ............. 5x'0" 16'11.' Y 65000 18 2.6750 Fbq. 518765.00 295696.00 342385.00 ER3977x3RV J' 54 ConvertaDle....... c.,......... 54'0" 16'lY'.' Y IH 2-8200 FDq. 600595.00 3x2339.00 396393.00 EAx55852gV ' 58 Convertibls ..................F 587' 1711' Y 90000 IB 2-6750 •Fbq. 581x35.00 331x18.00 3837x7.00 ERu73osRy' . 58 Yacht ........................ 587' 17'11" Y 87500 IH 2-6750 •. ,.~' . FDg. 599860.00 32x900.00 376200.00 ERtJ253pRV ' , 1985 ?C 28 II Sport Convertible ......... ; .. 267' 10'0" SCR 8726 IH 2-185 f'Dq. 12210.00 24077.00 27878.00 ER32060RV. = 28 Hahia AAar„ , , , , , , , , , , , , , • • • • 2B'6' 11'0' SCR ' 11700 IB 2.260 F'bq. 66x20.00 37859.00 X3837.00 ERSOa13RV. • 28 II Flybadge Cruiser - , , , , , , , , , , , ~ 28'6' 11'0' SF 11400 IH 2.270 FDq. 69450.00 39587.00 x5837.00 ER52713R7/ i• 30 Express Cruiser ............... 707' 11'4' SCR 16718 IB 2-320 FDq. 90x00.00 51528.00 59664.00 ER686ilRV .' 70 Express Cruiser , , , , , , , , , , , , , , , 307' 11'x' SCA 17718 18 2.21 SD FDq. 115865.00 67260.00 77880.00 ERB9562AV ,. • 30 Flytxidge Cruiser , , , , , , , , , , , , , , 307" t 1'a' SCR 15960 IH 2.320 Fbq. 91275.00 5200x.00 60215.00 ER692x7RV ]0 FlyDridge Cruiser , , , , , , , , , , , , , , 30'7- 11'l' SCA 16960 IH 2-2150 FDq. t 16075.00 66163.00 76610.00 EA88102RV >J Flybridge Cruiser , , , , , , , , , , , , , , 33'0' 12'6' SF 20100 IB 2-]20 Fbg. 111700.00 63669.00 73722.00 ER8178UR~' -. '. 3J Flybridge Cruser,,,,,,,,,,,,,, 33.0- 12.6- SF 22065 IH 2-2700 FDq. 159x50.00 90887.00 105237.00 ER121023RV' ]J Sport Fisherman , , , , , , , , , , , , , , 33.0' 12'6' ' SF 19603 IH 2.320 FDq- 1087 80.00 61663.00 71 ]99.00 EA82109R~ i >JSportFshernun ,,,,~,::::::: -' 33.0' 72'6' $F 21565 IH 2.2700 FDq. 15x380.00 87997,00 1078?1.OrJ co1.7•?So;f 35 11 ConvemD!~ ........ 35'x' :7'~ SCR ZZSJO IH 2.720 Fbq. 137650.00 75011.00 86889.00 ER99922RV 35 II ComeroDla ........ 35'x' 132' SCR 2x264 IB 2.2150 Fbq. 169100.00 96387.00 111606.00 ER128347fi7% 75 II Comertibla , , , , , , , , , , , , , ; JS'4' 13'2' SCA 2x500 IH 2-]000 FDq. 180750.00 103028.00 t 19295.00 ER t J7189RV 38 III Comert~Dla ................. 38'5' 137' SCR, 28650 IB 2-3550 FDq. 219835.00 125306.00 145091.00 ER166855FiY 38 III CornaroD4, , , , , , , , , , , , , , , , , 38.5' 137' SCR 30{00 18 2-3800 FDq. 2a09p0.00 137313.00 15899x.00 E R t 828URV x2 Corn«nDle • • • • • • • - -......... , x2'6' 1x'10" SCA 39x00 IH 2-x500 Fbq. 288660.00 16x536.00 190516.00 ER219087AV- '~; x2 CortverUDle ................. x2'6' 1x'10' SCA 39600 18 2-x750 FDq. 296x00.00 1689x8.00 19562x.00 ER22a968RV 1.00 t 57384.00 E R 7 76392RY_ • TAXPAYER MIS-STATED VALUE FROM HIS SOURCE. !.oo tesol7.oa ER2in70Ry- !.00 2x0138.00 ER276i59RY _ . RETAIL VALUE IS THE CODE VALUE AT WHICH THE DEALER ~•oo i.~aoa•oo ERi~79 WOULD LIKE TO SELL THE BOAT. 28 11 Sport Cor+vertiDla ..:......... 267' ZD Bahia Yar .................... 28'6" • ` 28 II Flybridga Cruiser ............ 28'6' 70 Express Cruiser ............... 307' ` 30 Er<press Cruiser .....:......... 30T 30 Flybridge Cruiser , ; , ,: , ....... 307' 30 FlyDridge Cruiser ..... •......... 30T >J Flybridge Cruiser .............: ' 33'C' 33 Flybridgs Cruiser .... ;'......... 73'0" _ ._. 33 Sport Fisherman ..:.':......:.... 33 0' 33 Sport Fisherman ...._......... • 33'0' 35 II Convertible .................. 35'1' 75 ILComerubla ............ c'" ..:: 75'x' 1 75 II Convertfbls ........... . . ~ 4' " 78 III Cornertlbla ..............:... r38'S' • 38 III Cornertlble.......... 78'5' , 38Spedal 385 ~ 38. Spedal . ~•5- ---...., ................ 41 CornertiWe .................. " 42'6" a2 Co^vertible .................. x2'6' 12 Yarhi ........................ x2'6' a2 Yaclrt..... ............ x6 Comertibta .:...... ........ X2'6' x6'6' a6 II Corlverbbla ............ .... 16'6' 48 Yactn.:.:...... .., x6'6" St Ccrnertible .. - ............... St Comerpde........ ..... ..:. 5x'0' 54.0- 58 Yaelrt........... ~ 587' 804 STERN DRIVE BOATS 1986 10'0' SCR 8726 t8 2-185 11'0" SCR 11700 IB 2.260 tt'0' SF 11x00 IB 2-?70 11'x' SCA 16718 IH 2-320 11'1' SCA 17718 IH 2.2150 11'1' SCR 15960 ~B 2720 11'x' SCA 16960 IB 2.2150 12'8' ~ SF 20100 d0 2.340 176' SF 22065 IB 2.2700 12'6' SF 19603 IB 2.340 12'6' SF 21565 18 2-2700 13'2'- SCR 22500 IB 2•]x0 13.2" SCR 2x264 IB 2-2750 ,13'2" SCA Za500 IH 2.3200 Fl 13T SCR 28650 IB 2-3750 Fl 137' SCR 70400 18 2-3800 Fl -13'7' SF 25500 IB 2-3750 Fl 177' SF 26500 IB 2350 Fl 1x'10" SCA 39100 18 2500 Fl 14'10' SCA 39600 IB 2-4750 Ft 14:10" Y 76100 IB 2.310. FL ta'ro'. -. ~ Y 98650 18 2-3750 FC 16'0' SCA 45300 IH 2.6000 FD 16'0" SCR 15900 IB 2.6000 FD 16'0"..' Y 16200 IH 2.5700 Fb 16'11' Y . 65000 IH 2.8200 FD 16'11' Y 65200 IH 2.9150 Fb 1T1/' Y 87500 IB 2-6750 FD - .00 3x2385.00 336s ER3937L7RV: ,. .00 396393.00 ERaS5852RV': _ _ ..___.00 395908.00 ERx5529aRY _ ' ' . i ~ - bq. 13950.00 25491.00 29147.00 ER3386tRV ' bq. 70315.00 40783.00 17111.00 . ERSa178R1C ' . Dq. 7aa60.00 13187.00 19888.00 ER5737tF1V. . Dq. 95700.00 55506.00 64119.00 ER73737R1f. , bq. 122175.00 70862.00 81857.00 ER9xtJ8A1! 'bq. 96960.00 56237.00 64963,00 ER717b7AV ~. ~, bq. 122775.00 71210.00 82259.00 ER9x5G8R1/ bq. 118180.00 685x1.00 79181.00 ER91058RV• bg. 164700.00 9529x.00 110081.00 ER126590H7j. bq- 115125.00 66773.00 77134.00 ER887bidd''-•'- bg. 157905.00 91585.00 105796.00 ER127665RV bq. 139630.00 80985.00 97552.00 ER107585RV' Dq. 178595.00 103585.00 119659.00 e F F F F F F F F F F F F ".~ .. . F ER177608 .~.' 190715.00 110615.00 127779.00 ERtx69i~Rt~ ~~ 238275.00 138200.00 1596x4.00 ERiS.I591 _~ 260175.00 150902.00 171317.00 ER?d6i65~ 199970.00 115983.00 137980.00 ER154077~ 233385.00 135363.00 156368.00 EA179~AY v 308790.00 179098.00 206889.00 ER237~2R~:~ 316840.00 183767.00 212283.00 ER2ax125RV 269040.00 156043.00 180257.00 •-0~ E 325190.00 188610.00 217877.00 _ ER F~~~ 385055.00 223332.00 257987.00 ~ E 110330.00 237991.00 27x921.00 ER316159RV 103565.00 234068.00 270389.00 ER3t09t71nL 632230.00 366693.00 x23594.00 ER487133R7L., 660200.00 382916.00 x42334.00 ER50868xF~V; 620510.00 359896.00 415712.00 Y ER478103A11-+ Ye tat Zd 28' ]t >J 33 33 37 17 37 7e 38 38 38' 38 t2. a2 t2 x6 t6 x6 Si lie n 2~ ZD 2~ 33' b 3~ 3J 37 n ]7 1ti 38 7~ 38 1b' 50 Ilx 28 29 28 33 b 3~ 3i 37 37 x3 d SO • Sx i1. ,~ t 2! ?~ ,~ '! fi j ,_ i. i AT ATLANTIC ~+LARINE and COASTAL CAROLINA YACHT YARD ' Wilmington, NC SURVEY#: 4100-9s-173/TFW PREPARED FOR; C. WILLIAM BARKER 31 July 1996 ~~1~ t ~ s 36 sw ~.~0 C~'y ~ ~d~ v c` ~AIMU t ~'- , ,~' ~ ~ ~ COR £aPO~ ~t+~ r ~ ~"'a. APPELLANTS ~' M.B. WARD & SON, INC. EXHIBIT ~ ~- ~~7 "-° Marine Sun~eyors & Adjusters ~. MAILING ADDRESS: P.O. Box 3G32, Wilminbton, North Carolina 2840G TELEPHONE: {910) 392-1425 FACSIMILE: (910) 392-33G7 • AFTER HOURS: (910) 762-973-i / 799-8293 OFFICE: #12 Downey Branch Office Park 3803 Wrightsville Avenue Wilmington, North Carolina 28403 .~= .. ATTENTION: Our original report with corporatt seal impression at the bottom right corner of this page is to be considered the only report valid for commercial purposes. Certified true copies of this report are available to our principals, or upon receipt of their written permission, for an additional charge.. NOTE: While the officers and surveyors of MB.WARD AND SON, INC. use their best rndeavor to insure the correctness of all reports and certificates and opinions expressed let it be known, understood and agreed in accepting this report that no representative or agent of M.B. WARD AND SON, INC. is, under any circumstance, to be held responsible or liable for any error of judgment, inaccurary, oversight, of misstatement in conducting survey and 'issuing of report covering the vesel desmbed below. 31 July 1996 SURVEY: 4100-9h -17 ~~Y THIS IS TO ,RTiFY That pursuant to request of Mr. C. William Barker, Suite 6317C, Wilmington, NC 28403, the undersigned surveyor, attended the pleasure vessel: under date of 8 July 1996 while afloat at the facilities of Atlantic Marine, Wilmington, NC and 22 July 1996 while hauled ashore at the facilities of Coastal Carolina Yacht Yard, Wilmington, NC . Purpose of the attendance being to ascertain the condition of the vessel and to comment as to the present-day and new replacement values thereof as equipped Subject vessel is constructed of fiberglass, designed with curved stem, deep-vet bilge section, twin gasoline inboard propulsion, transom stern, flush weatherdeck, raised superstructure through amidships with flying bridge atop, stern cockpit. . (TENERAL , PARTI . 1 ,ARS Registration #: ~, Vessel Built:Year/Model: 1985/1986 By/At Bertram Yachts/Miami, FL HIN/Hull Number. BERH0751G586 Model: 33 Flybridge Cruiser -` LOA:. 33' Beam: 12' 6" PROPULSI Drab: 3' 0" Displat:emcnt: 20,1OQ# ON MA HIN RY Engines Mfr: Merrntiser . , Hp (ea): 340 Hours: 769771 Model #: 454CI Serial #: A486244/A486122, Cooling: Freshwater Exhausts: Wei ~. Instrumentation: Complete Alarms: Audible/visual 3 / t APPELLANT'S . Fr~IIBII C-Zor i "BIG TOY"/C. William Barker SURVEYS 4100-96-173/TFW 31 July 1996 Page# 2 / 7 Transmissions Mfr: Borg Warner Velvet Drive Model #: 10-18-006 Ratio: 1.91:1 Serial #: 6256/6216 Propeller Shafts Size/Mat'L' 13B" Stainless Supports: Single struts Propellers SizeJMat'l: 20 x 19 z 3 with spares aboard Compartment Ventilation: Elextric blowers 'Ibsted operable Controls Engines: Cable drawn Steering; Hynautic/hydraulic Trim 'Ihbs: Boat Leveler Other. Judson Synchronizer Fuel Tanks (#/Mat'l): (1) fiberglass Capacity: 310 gallons Location: Aft bilge Lines: Type A Generator: Mfr: Oman Kw: 6.5 .Hours: unavailable Model #: 6.SMCCK-3CR-1H Serial #: 07807532328 F.L,EC.TRICAL, SYST EMS 2 2 0/ ll0 VAC Shorepower. (2) 30A Wiring: Boat cable Circuit Protection: Main and distribution breakers Location: Saloon 12 VDC Batteries (#/Size): (2) 8D Location: Engine room Alternator(s): Engine driven Charger. Raritan Crown 40A Wiring: Marine standard , Circuit Protection: Main and distribution breakers Location: Saloon EQUIPMENT Fire Control Fixed .~vstem: S~ SVC Date Location HALON Engine room Porta ble Extinp,,ttish n: T11?~ $VC path L~adon BIDCP - Forepeak BIDCP - Galley Safety Lifevesu (#/I}rpe): Approximately (12) Type II Equipment mare Kit: Aboard Exp.Date: Ezpirrd First Aid Kit: None aboard Other. Sentry vapor detector Ground Tackle Anchor(s): Danforth w/Danforth spare Rode: N ylon with chain Windlass: Good electric Bilge Pump(s) I~ ~~ ci (GP H) I~ti~.a Automatic 1750 Forward bilge Automatic 1750 Tank room Alum System: Equipped Tested inoperable A ON: Our original tepoR With corporate sul imptcsaioe at the lwttom right wmer of thin page u to lx considered the only report valid for ral purpoau. Certified we copiu of this report are •wilable to our principals, of upon receipt of their a~ritrrn pertnisaion, for an additional charges t 1 1 1 APPELLANT'S FXf-i I B I T '~- o r 7 "BIG TOY"/C. William Barker 31 July 1996 SURVEY# 4100-96-173/TFW Page#. 3 / 7 Navigation Aids Compass: Ritchie Loran/GPS: Furuno LC90 VHF: Sitex Compact 55 Depth Finder{s): Sitex DL1 /Furuno FCV~61 Navigation Lights: Electric Ti~sted See Recommendations Sound Devices (horn bell): Electric horn Tbsted: Operable Spotlight: Handheld DO F Freshwater Tank (#/Mat'1): M .STI . .O 1IP (1) aluminum M NT Capacity. 70 gallons Pump(s): 12V electric Heattrr: Electric Galley Range: Princess electric • inoperable Reefer. Subzero electric Sanitary System Type: Plastic holding tank Toileu: (1) electric Sump: Electric Add'1 Equipment Stereo: Cybernet CMS-3000 Air Conditioning(A/C): Cruiseaire 16,000 BTU HULL TOPSInF,S: Found well polished with all bronze throughhull fittings, well protected by aluminum rubrail at sheer. Side exhausts are fitted aft Bent stainless louvers were noted port and . starboard aft Fuel tank vent starboard side is mashed slightly. Transom with molded swim platform atop stainless brackets, swim ladder is to pot HULL BOTTOM: Fair and smooth overall with no delanunation, blisters or crating detected in peiuussion and visual examination. (1) void was found along the inboard running strake fillet port side under the throughhull fitting. (1) noted starboard side at the bow 6" below the water lint, 2' abaft the stem. All bronze throughhull fittings appear satisfactory. Stainless shafts are supported in single struts with cutlers bearings, found serviceable. 20x 19x3 blade propellers were found serviceable, although the port propeller has (2) dinged blades; starboard has (1). Rudder linkage was rioted tight with no lateral motion apparent Small trim tabs operated by single hydraulic rams appear satisfactory. All zincs were noted well wom. WEATHERDECK: Deck is fiberglass with molded non-skid, encircled by a molded raised toei-ail. Deck is clean with no apparent blemishes. Pivoting anchor ,pulpit at the bow contains a Danforth anchor. An additional anchor is chocked on deck Dual cleats are fitted forward with chocks with additional cleats amidships. Stainless bowrail extends through amidships and is well secured Engine room vent cowls are provided at the toenails each side, trimmed fore and aft. Cabin is octagonal forward with aluminum framed windows and sliders each side. Stainless grabrails are secured in way of side decks. Additional grabrails provided at the pilasters aft Molded bridge cowl with bow light forward and horn to starboard Some minor cosmetic crazing was noted at the base of the bridge cowl flange, mostly to port FLYING BRIDGE;: Bridge is sheltered by a canvas Bimini with some sunlight visible in way 1 of stitching and athree-quarter enclosure which appears satisfactory. An aluminum gzabrail is . provided atop the forward cowl along with a Ventura windscreen. ~ Inwale padding is weathered and mildewed. A seat is provided forward of the console with cushions well worn. Console extends from starboard side with helm to port of centerline with complete instrumentation and ATrENT'ION: Our original report WitA oorponte sal impression a the Cotsora right wmer of this page u to be eonaiderod the only report valid for ~I eommertil purpoao. Ccnifiod we copra of thin iepoR tie ^vailable to our prindpaL, or trpaa roceipt of their virittrn pctminioq for sn additional charge. "BIG TOY"/C. William Barker 31 July 1996 APPELLANT'S SURVEYS 4100-96-173/TFW Page# 4 / 7 Morse controls, labeled switches and an alarm panel that tests operable. Navigation aids are all well mounted and accessible from the helm. Under the console wiring is neat and orrierly whcre available for inspection. Pedestal seats are provided abaft the console, starboard seat cushion was noted torn. Slight delamination was noted at the port seat base between the 3:00 & 6:00 locations, recommended seats rebedded. Stainless aft rail appears to be well secured. COCKPIT: With a sliding door to the raised bridge deck entry with a step over storage. Tackle locker is provided port forward under the bridge ladder. Shorepower is to starboard at the base of the pilaster with breakers adjacent Dockside water and washdown are to starboard as well. Cockpit sole is molded fiberglass with flush hatches encircled by raised gunwale with rodholders in the molded cap, hawseholes aft with transom mounted cleats, boarding pads mounted atop along with a boarding ladder. Pocket storage is provided each side. Centerline bilge access over the fuel tank with the fill apparently satisfactory and bonded as required Generator fuel feed line shows wire. INTERIOR: Interior found clean and well maintained overall with canvas or Sunbrella covered cushions, vinyl bulkhead coverings with teak trim throughout, all in good condition, carpeted decks and vinyl headliner. FOREPEAK: Ropelocker filled with nylon rode, no leaks apparent in way of deck hardware. Forward stateroom with a v-berth provided over storage. Forward escape hatch is missing a stanchion and has a weak spring stanchion.. Forward fire extinguisher requires recharge. Under the berth there is a slight pull at the top at the starboard inboard floor timber; rewires monitoring only. Hanging locker is to port side wrth a molded inner liner. Privacy door is available aft Head closure is next to port with a manual toilet and lavatory and vanity. Slight leak was noted at the discharge hose, intake is single clamped. Stateroom is to starboard with over/under bunks with lockers fore and aft Underthe berth the forward floor is pulled above the chine with slight stress indicated where it meets the outboard stringer. The next floor timber is pulled at the inboard stringer and requires repair. Both drawer supports were collapsed under the lower bunk. PI T ,: Contains a shower sump pump and an automatic bilge pump. Sump and bilgc alarm float switch were both noted inoperable. SALOON: Forward dash with centerline companionway. Aluminum framed windshield forward with no leaks apparent Sliders are provided port and starboard. Furnishings include (2) chairs with ottomans. The main electrical panel is port forward. 120VAC electrical panel with distribution breakers and source selection and voltlammeters. 12V panel is similarly appointed At the outboard cabinet there is a loose upper tab under the side deck at the forward bulkhead which requires repair. Fire extinguisher requires service, alle is to starboard with a counter and storage cabinets. Galley range was noted inoperable with the lid noted bent and distorted at the hinges aft which likely affect the switch that controls the range operation. Reefer base was noted rusted. TANK ROOM: Accessible by a centerline forward hatch in the saloon. A plastic waste tank is tucked under the stairs forward with manual discharge pump and a Y-valve. Cruiseaire air conditioner compressor is outboard to port Freshwater tanks is aft Toilet intake and discharge are to port, both double clamped and both with corrosion at connections. Rawwater circulation lines for the air conditioner system are double clamped as recommended. Air conditioner pump utilizes a gate valve at the throughhull fitting, equipped with strainer. Freshwater pump is to ~I' NTION: Our original rcport ~viN corporate .cal imprvaion at the bosom right tbmcr of this page u to be canaidercd Ne only report valid for e~ia w~• Certified we cop~ea of this report are av.iLble to our pruutpaL, or upon rcrsipt of their .+rittcr pemtiuioq for .n additional cFurge. APPELLANT'S :. c-soF EXHIBIT 7 "BIG TOY"/C. William Barker SURVEYS 4100-96-173/TFW 31 July 1996 Page# 5 / 7 ~, starboard along with a water heater which has a heavily rusted base. Some ragged fiberglass is noted overhead at the deck beams and aft bulkhead, all appears original. Spare propellers were fitted each side. Trap doors outboard provide access to the outboard sides of the engine comparnnent although propeller removal is required. . ,j, IyjA _HIN .RY SPA ,: With the bilge pump alarm switch forward, noted inoperable. Raritan mown converter forward is operable. Batteries are centerline in tubs with main switches over, starboard handle was noted broken. HALON extinguisher is mounted forward with no remote. activation available. Engines are freshwater cooled, mounted atop aluminum angles bolted through the hull stringers. Rawwater intakes are valved with strainers, a heavy leak was noted at the starboard engine strainer due to a cracked globe. Bronze stuffing boxes are fitted with flexible glands, double clamped. Port side the gear case was heavily rusted. (1) line was noted chafing at the freshwater overflow canister. Fuel supply lines show rust through the blue synthetic coverings and require replacement. Both engines oil coolers show signs of corrosion at the end caps and ~' require replacement Starboard engine utilizes Osco manifolds and risers which differentiate from the port side. Leaks were noted at the freshwater reservoirs; recommended attended. Exhausts appear to be satisfactory. Wiring throughout appears to be well supported, secured and neatly bundled. A centerline overhead light is missing a globe and a bulb. j1AZARETTE: With hatch centerline aft over the generator with HALON extinguisher adjacent. Generator fuel feed line was found deteriorated and requires replacement. Rawwater intake is gate valved with a strainer, double clamped with the second clamp over the end of the tailpiece. Exhaust utilizes a waterlift muffler. Steering linkage all appears satisfactory; a slight leak was noted at the port side rudder port Rudder stops are supported with raised shelf with roller bearings, all crosshead connections were noted tight Exhausts both sides appear satisfactory. (1} strap was noted broken over the port side muffler. ,SiiRVEYOR'S NOTES AND REMARKS 1. Subject vessel was found clean throughout and apparently well maintained. 2. Engine survey was held under separate cover, with mechanic's report detailing conditions . noted. 3. Exceptions noted. at survey are recommended attended as follows: . RECOMMENDATIONS S Following items (IN BOLD TEYT) are recommended attended immediately ` (within the next 30 days): Following items (IN ITALICS~to be attended at the owner s convenience (recommended within the next 30-90 days), or at next hauling: Following items (IN PLAIN TE?CI )are recommended attended at the owner's discretion, in association with a preventative maintenance program, for continued reliable service afloat, for general improvement to the original design/construcdon, or to maintain value: 1. Straighten the bent stainless louvers for the Lazarette vents at the hull topsides. ~ AT'rENfIOIY: Our original report With mrpon[e so( imprvaioa ~ the honors right wmcr oI this page u [o be considcred the only [sport valid for mmmcrcial purpoaei, ~~ Certified tnre cop[u of thu report sn: •vsiLble to our principals, or upon receipt of thcir w~rittca pcrtaiaaiort, for an additional ch.rge. 41 "BIG TOY"/C. William Barker 31 July 1996 APPELLANT'S FXF~(BIT ~-~~~~ SURVEYS 4100-96-173/TFW Page# 6 / 7 2. Attend some slight delamination at the port flybridge sear base by injecrion method and rebedding of the pedestal seat base. 3. Resecure the loose socket at the right side boarding ladder tube. 4. Renew bulbs or attend the starboard running and stern lights. Test and prove operation. S. Fill (2) small voids in the hull bottom; port side along the inboard lift stroke fillet under th_ e forward throughhull fitting, and starboard side at the bow 2' back from the stern along the waterline approximately 6" above the keel. 6. Replace the missing stanchion at the forepeak escape hatch. 7. Monitor a slight pull at the starboard inboard floor under the forward Stateroom bunk. 8. Tighten the clamps and attend a slight leak at the toilet discharge hose at the . toilet. Double clamp the intake hose at the toilet. ,9. Under the starboard side Stateroom, repair pulled tabbing at the forward floor above the chine and reinforce pulled tabbing at the outboard stringer. Reinforce the pulled tabbing at the next floor aft at the inboard, side of the outboard stringer and outboard as necessary. Resecure the drawer supports under the Stateroom bunk. ,'10. Test and prove the shower sump pump and forward bilge alarm plate switches; both noted inoperable. Attend the inoperable engine room bilge alarm switch as well. ill. Resecure the loose laminate tab at the forward bulkhead under the side deck at the port forward locker in the Saloon. /I2. Service all fire extinguishers , (2) portable extinguishers noted requiring recharge at Survey. Service also the HALON extinguishers. It is recommended that the HALON extinguishers be connected for manual as well as automatic activation. Refurbish the flare kit and assure that all safety equipment is aboard during times of vessel use as required by regulating authorities. ,- 13. Repair the Princess galley range top; .noted bent, distorted and apparently affecting galley range operation. ~ ' 14. Replace the missing bulb at the cabin light overhead at the Galley. 15. Attend the Galley sink spigot which would not shut of)`'at Survey. 16. Clean corrosion at toilet intake and discharge throughhull fittings. 17. Renew the water heater due to heavily rusted base. 18. Replace the missing handle at the starboard main battery switch. 19. Attend the main engines: '~I ~~ \T10Y: Our origin.! report with eorponte sol itnpra.sioo at the bosom right eomcr of thin p.ge u to be eonsidcred the only report valid for reial purposes. Certifiod true copie of this report are avaiLbk to our princip.la, or ton roccipt of their wriacn peratiuion, for an additional charges ~~' .[ aN~'ELLANT'S ,' . ~~ FX~iIBIT C-~~~7 ' "BIG TOY"/C. Witham Barker SURVEY# 4100-96-173/TFW '~ 31 Juty , 1996 ~ 1'age# '7 L 7 A. Replace the br.oked globe at the starboard engine rawwater intake - , ~1. strainer. ~ ~ - - B. Attend items, noted in separate engine survey. ~ , ^,~' ~ C: Clean rust-.atop the starboard gear case. - ' D. Attend leaks at both engine heat exchangers ~ ; ' ^ . E. Renew both engine .oil coolers.. ' ~ %F. Attend chafing line at the port engine freshwater overflow .canister..' ' G. Renew both engine and generator fuel feed lines which show wire ~ ' through the synthetic covering. ' ,. ~ 20. Replace the missing globe and bulb at the engine compartment light. ~ , t~: 21. Reposition the generator rawwater.intake or eliminate the second clamp which extends over the end of the .nipple. 22. Remove the insulation from the threaded'nippCe over ttie generator exhaust for ,~ examination due to the otential for leaks at that connection. P 23. Tighten the port side rudder stu~tng boz due to a slight leak. ~, ~ 24. Resecure {1) broken strap over the port side muffler. VALUATInN ~ ., , ' It is the undersi ed serve `or's'o inion that sub'ect vessel ui - ~ Y P J • ~ e9 PP~• and with the above recommendations attended, has a PRESENT DAY VALUE OF APPROXIMATELY $78,000.00 ~~ (SEVENTY -EIGHT T~IOUSAND DOLLARS), and aPRESENT--DAY NEW REPLACEMENT -VALUE IN EXCESS OF $ 185,000.00 (ONE HUNDRED EIGHTY-FIVE THOUSAND ~; DOLLARS). ~ . _ - NOTE: -While the officers and surveyors of M.B.WARD AND SON, INC. use their best endeavor to - insure the correctness of all reports and certificates and opinions expressed, let it be known, ' ' understood and agreed in accepting this report that o o represcntauvc or agent of M.B. WARD .. AND. SON, INC. is, under any circumstances, to be held responsible or liable for any crror of ' judgment, inaccuracy, oversight, or misstatement in conducting survey and issuing. of repoR t~' covering the above named ~}~ TnY', All our actions are without prejudice and for the benefit of whom it may eventually concern.: ' _: Respectfully Submitted, . M.B. WARD, Ad~tD SON. INC '. ~' .~ . .. ~ / ~ / ., ~ , T. Fr ~ Wright, Jr. NAMS-CMS ~ 4 ~' 2 ORIGINALS ~ i ' /~ ~ ~ I ': % ~. i ATTENTION: Our origuul rrport with corporatc ual imprusion a the boaoai right comcr orihi. p.ge is to be conaidcrod the only R~rt slid f 3 , mmmcrcial purposes. ~' Certified we cop~o ntthu rcpoR are •railble to our principal, or upon receipt or Neit vritrat pcrmiuion, for ~ additional charges ~ ,f ,i. .~--~ if - c~ _ - -.YA.CHT YARD APPE_ LLANT S _ ~ =--- -FX~IIBIT ~-~ .._ ~~. ~ ~o . .: Mr . Bi 11 Barker ~ \a~- _ . -. ~--. _ . -_ Re: 33' Bertram . `JT-.v,^-,TF_ FOR FtEF~AIk~ ' ~ 1 A k tt k D A ,R T 5 1_ Robuild tai lat. d.O hours. .:_. ~ 1~~h,On KRK repair kit. $ 7a .00 Miscellaneous materials: ~ Q.oO n u { ghFr and ha) ~-n /?. 5ervico fire exti a /3. 4. tr 5 . /F~ 7. system. F:eplace broken muffler ;;,t..rap. REquires removal of cockpit deck t~ access. 8.o hours..._._. Replace vapor detector pick-uP sensor and cable. _ 3.o hours....... Sensor and cablo. Miscellaneous materials. R~aplace 4 f.lexiblo~ fual lines from tank to~ engines. 6.0 hours....... ~.. Roplace starboard battHrv ~wirch handle. ' ~, hour ...... . . 1 battery switch knob. Wet oompression test boostAtl compression to 133 P57 i n both 31 6 and 7 cylinders. ~-. t'~ 31 i .00 117.00 X234 . nn 14 ..SQ 9j3•sa 25.00 63 .25 4_00 tb~.oo 34,95 39 e zy is not includad. ~ I3o3,79 _ ~ yL ~ f{~,..,/ - ri o v 2107 Middle Sound Loop Rd. Wil>.nin~on, North Carolina 28405 Telephone (910) 68~-0004 I'AX (910) 686-0008 ~I v r l ~ AA ~11 V ~ YACHT YARD ~i~~ ~~ ~~~ V '~ ~ ~ APPELLANT'S " . .. " F.X}-i I BIT ~^2- . _ .- _ _ ... -- -. _._ .. .. ' .: ...-_- - ~ -..:.. to lY i'.,. .1996. '" ~ :' -.. - ... ~ Jg. 4..~ _ . ~ ._. ~ E9 .. O Mr _ Dickson DickAns ~NO~'J 1 x 1 no ~ Z? • go.-tram '83tt 7oY' ' E S T i n a z f i n R C~ F ~, A~ F ., 7 S i_ R~Place Boa strainar cYlind~r r~~r s Sn 00 ~ starboard engine- . s 36_00 1 glas3 cylinder. 10_.00 1 gasket !ci t . oil cooler. i ~2n~np 180,00 2_ ne REPlace eng .3_ REmcve starboard engine heat. h ' up ~idrar ~ exchanger. Deliver to r.t~ ~~ OO 15_00 far repair. Install abme. ' ~1'~~ ~O ' sub let..... . /a. Disassemble Part engine. Drliv~~ ai r ra f p . _ or heads Lo machine shop 7~ ~O i ~S .q0 Feassemble engine- Sv.OO~ ! Sublet......._ S, In9ta11 repair kEts on gna~r~o ~'MW ~~~~~ nn 101.0.7 ~/ water pumps. 6. R~Plscs-rica'~ on port anoir~p. ~'ac~,_GO y ?00.00 %_ . .Tax is clot included. 2107 Middle Sound Loop Rd. Telephone (910} 686-0004 .. ' // . Wilmin~~ton, North Carolina 28405 FAX (910) ~-OflO~ ~ ~ I ~-t I ' ~ 7nTFL. P. e2 i ~ c'i-C~':~-•'I:.34~-":=, 1 _ddF%M rFZi::f"'I APPELLANT'S EXHIBIT ~- ~ DAMAGE REPORT MODEL 33 FLYBRIDGE CRUISER VESSEL HULL NUMBER BERH0751G586 LENGTH 33~ BEAM 12'6" POWER MERCRUISER SERIAL A486244/A486122 P. 1 ~y~; =- JJ `1 Vessel was inspected~4 days after Hurricane Fran and found to have left a destroyed dock and been driven onto an adjacent bulkhead and onto a neigboring piece of land_ Vessel was lying with port list, stern down, with aft end ofvessel across bulkhead. Apparent small rupture in port bow. The damages noted below were as a result of coming ashore in the storm, flying objects striking the vessel, and interior flooding of compartments by salt and or fresh water_ Vessel was inspected on Sept. 24,1996 to further ascertain damage caused by Hurricane Fran_ 1. HULL EXTERIOR: FIBERGLASS REPAIRS PORT BOW BELOW WATERLINE PORT BOW ABOVE WATERLINE MISC GOUGES BELOW WATERLINE AT STRAKES ETC. MISC. GOUGES ABOVE WATERLINE AT BOOT STRIPE AND HULLSIDES BUFF AND WAX EXTERIOR AND INTERIOR BRIDGE AND COCKPIT SURFACES AND REPAIR AND ANY SCRATCHES THAT DID NOT COMPOUND OUT NOTE: Bootstripe to be repainted_ Hullsides to be compounded and waxed after repairs. 2. EXTERIOR HARDWARE REPLACE ENGINE ROOM COWL VENTS REPLACE SWIM PLATFORM AND MOUNTING BRACKETS REPLACE COCKPIT SCUPPER "DOOR" PORT SID£ BUFF AND POLISH BRIDGE SAFETY RAIL AND REPLACE IF SCRATCHES TOO DEEP FOR NORMAL MAINTENANCE. REPLACE GRABRAIL MOUNTED TO STEERING STATION 3. RUNNING GEAR REPLACE BOTH PROPS REMOVE BOTH SHAFTS AND TURN FOR RUN OUT INSPECT STRUT VERIFY TRUE PORT SCREW BINDING, POSSIBLE CAUSES ARE BENT SHAFT, BENT STRUT OR ENGINE OUT OF ALIGNMENT. OPERATE STEERING MECHANISM AND INSPECT RUDDERS. CONFIRM THAT RUDDER SHAFTS AND RUDDERS ARE TRUE_ OPERATE TRIM TABS AND CONFIRM NO DAMAGE. 46 t t ~~; ~. I ~~~ t 4. COCKPIT REFABRICATE CORNER CLEAT MOUNT INTSTALL NEW INTERIOR TRANSOM PIECE REPLACE PORT AFT HOUSE WINDOW AND TRIM REALIGN SLIDING DOOR S.ENGINE AND GENERATOR ROOMS APPELLANT'S F.XF~IBIT ~ _2 P. 2 P.2 NOTE: WATER INTRUSION INTO ENGINE ROOM LEVEL UNKNOWN. CHECK OIL IN BOTH ENGINES AND MARINE GEARS_ REMOVE VALVE COVERS AND INSPECT_ RUN BOTH ENGINES AND PERFORM COMPRESSION CHECKS. REPLACE PORT BATTERY VERIFY ALL BILGE PUMPS AND SWITCHES OPERATIONAL NOTE: AFT COCKPIT HATCHES HAD BEEN BLOWN OFF DURING STORM, 12VOLT SUPPLY FOR BILGE PUMPS IS PORT BATTERX WHICH IS DEAD. CONCLUSION: STANDING WATER FOUND NOW IN GENERATOR COMPARTMENT IS NOT INDICATIVE OF. HIGHEST LEVEL OF WATER IN THE COMPARTMENT. SIGNIFICANT CORROSION EVIDENCE•ON BOTH GENERATOR AND IT'S•ENGINE. RECOMMEND REPLACE GENERATOR- ONAN 6.5KW. INSPECT HYNAUTIG-STEERING. EQUIPMENT FOR DAMAGE TEST FOR WATER INTRUSION. 6. ELECTRICAL AND ELECTRONICS THE ELECTRICAL WAS FOUND BE BE~ESSENTIALLY UNDAMAGED. REPLACE PORT BATTERY, VERIFY CONDITION OF STARBOARD BATTERY, INSPECT THAT BONDING SYSTEM IS NOT CORRODED. ENSURE THAT ALL THREE BILGE PUMPS AND SWITCHES FUNCTION AND REPLACE AS NECCESSARY. VERIFY THAT ALARM • SYSTEM AND SENSORS FUNCTION. BRIDGE GAUGES AND INSTRUMENTS HAVE DAMAGED BEZELS. REPLACE AS REQUIRED. ENGINE SYNCHRONIZER WAS DAMAGED REPLACE. REPLACE BRIDGE COMPASS. REPLACE ALL ELECTRONICS: FURUNO LC/90, SITEX 55 VHF, DEPTHFINDERS SITEX DLl/FURUNO FCV-661, STEREO 7_ INTERIOR AND EXTERIOR SEATING REFINISH ALL TEAK ZN MAIN SALON • ALL CARPET IN VESSEL HAS BEEN SATURATED AND IS STILL DAMP. RECOMMEND ` REMOVE FROM VESSEL, SHAMPOO, DRY AND REINSTALL In conclusion, there are. necessary equipment replacements evidenced. by visual inspection. There are other items that need to be or tested before determining whether they should be replaced oPenoted ,~~ 1 t 47 "•~•- STATEMENT OF LOSS ~n _...._.: Insured ~,_...,,~.~ ~ I/ Claim Number ~ ~•~ ~t~7~ " ~ fc~ COVERAGE A -BUILDING Limit of Liability ~ /~ X yr j Ir ... .. - 4 r Description ~~ ~ ~ ~ ~ ~ Amount $ ~ - ..- -_ _ _ .. -~ =• . . , .. .-. .~~ .l•-. -. ~~~~~Tr ~. ems...': . Yom. - ~~-~.-~-~• ~~ - .. .-~ - - ... .• .. .- \ 1 .. _ .... .. ~ ~ . Total A - ~ ~ S IIh- COVERAGE B -CONTENTS _ . _ Limit of Liability ~ •~~ Amount $ COVERAGE C -LOSS OF USE Limit of Liability~S: x Description ~ . i Com he/C~ ~nnlnmontc- ... Total B S ~~' 1 Amount.5 ' Total C 5 ~ TotalA+B+C Plus Special Coverage Tota! Loss Less Depreciation - Cov. A Less Depreciation -Cov. B Subtotal Less Deductible ~~ll ~~ r (]-~ Total Payable ~~ZX'`~' ~ 11je"` ~' " vrl L oAr~ ~ ~ j OS --. .00-233.2 Rev. 6-45 ?rimed in U.SA. r ~. ~~ ~.... . t 1 ~~~ ~. /-Y~ % ~~. September 18, 1997 Roland G. Register, Tax Administrator New Hanover County Tax Department 320 Chestnut St. Room 209 . Wilmington, NC 2840090 .. Dear Mr. Register, APPELLANT'S FXH I BIT G Re:P097000267 l:n response to your letter dated September 16, 1997, I hereby submit the following for your consideration. 1. Survey by M. B. Ward acid Sons, Inc., marine surveyors dated July 31, 1996. 2. Engine survey by Toms Marine Service dated July 10, 1996. 3. Misc. repairs estimate by Coastal Carolina Yacht Yard dated July 19, 1996. 4. Copy of sheet furnished by Skipper Buds Yacht Sales indicating value as of July 1996. The survey performed by M. B. Ward and Sons, Inc. lists several pages of items that required repairs exclusive of engine repairs (page 5). Page 7 of their report indicates an estimated value of approximately $78,000. The engine repair estimate by Toms Marine Service estimated a repair range of $5,000 - $6,000. The misc. repair estimate by Coastal Carolina Yacht Yard totaled $3565. The M. B. Ward and Sons, Inc. survey estimate adjusted for the engine repairs produces a value range from $72,000 - $73,000. The value guide furnished by Skipper Buds reflects a pre repair value range of $68,544 - 79,181 or average value of $73,862 less repairs of $8,500 - $9,500. The purchase price of the boat $67,000 ,was anarms-length purchase by and between two unrelated parties and in view of the above, represented the market value as of the date of purchase. The boat in question was a "gasoline engine" powered boat. It appears that the values quoted in your letter are fora "diesel engine" powered boat which in most respects are valued substantially higher than. gasoline boats. Bertram manufactured this length boat in both gasoline and diesel. The same diesel boat is valued at $95,294 - $110,081 on the Skipper Buds listing. I do not believe the boat in question had any market value as of January 1, 1997, but for purposes of settlement of this issue, I propose that an initial value of $70,000 be reduced by the insurance proceeds of $57,800 resulting in a net salvage value at 1-1-97 of $12,200. If you are in agreement with this, please forward an amended billing. I shall look forward to your response. Very truly yours, C. William Barker 49 ,, i ~, r~ i 1, APPELLANT'S FXF~IBIT ~ September 29, 1997 Mr. Roland G. Register Tax Administrator 320 Chestnut St. Room 209 Wilmington, NC 28401-4090 Re: P-097000267 Dear Mr. Register, ~~~} . ~T I am in receipt of your letter (copy attached) dated Sept. 23, 1997. I cannot accept your estimated value of 533,800 as representative of the January 1, 1997 value. The assumptions which you have used in your analysis are contrary to the facts contained in the material which I submitted for your consideration. Specifically, I cannot agree with reducing the beginning value by any amount less than the total storm damages of (557,800). The damages were determined, approved and paid bythe insurance company after extensive review and investigation: Mr. J. Fred Wright, Jr. of M. B. Ward and Sons, ,Inc. (who did the initial survey~on the boat) also agrees that the initial value (purchase price- (567.000) plus necessary repairs-(53,800))should be reduced by the total insurance reimbursement plus deductible (557,800) and agrees to the use of his Name ,Firm ,and opinion as to that position. There is no evidence that indicates that the- initial value was greater than the purchase price plus any required capital repairs. In no case would this equals your proposed value of $78,000, to the contrary, it indicates. approx. 570,000 as stated in my prior .letter. If you feel that there has been a misinterpretation , I would appreciate the opportunity to discuss this matter with you in person. Alternatively,. I hereby request a hearing as set forth in your letter. I shall look forward to hearing.from you. Very truly yours, C. William Barker 50 r ROLAND G. REGLSrER , 'j•BXA~niniatrntnr .•. ,~~ .. September 16, 1997 ~~'. APPELLAN_T'S EY.~-! I B!T 1- NEW I~CANOVER CO_ UNTY TAX ADMINISTRATION 320 CHESTNUT STREET, ROOM 209 WII,MINGTON, NORTH CAROLINA 28401-4090 TFLFPHONE(910) 341-713! C. William Barker •<• 224 Seacrest Drive ~ •~ ' Wrightsville Beach, NC 28480 • ~~ Re: Exception to discovery - 1986 Bertram - P097000267 Dear Mr. Barker: ~;C ~} !' Before any adjustments are made for your casualty loss, the beginning value of your boat must be determined. Your individual purchase price at $67,000 falls short of the published market values. BUC International shows the range of values from 587,000 to 5125,000. NADA shows a range of values from $92,800 to $122,850. ABOS shows a range from 587,400 to 5124,800. There may be justification for a value of 567,000, but that must be proven for us to deviate from the BUC guide value. If you have the marine survey supporting the value when you . ~~r purchased the vessel, that will be accepted so long as you provide the complete survey including the date and value. If you do not have a survey, then there is no proof that your purchase price was an "arms length" market price. ~! . As for the ownership January 1, you were considered the owner as the insurance company had ..not made a settlement and had not taken ownership. ~, Please provide your proof within 15 days from the date of this notice, or the only exception will be to reduce the value from $87,000 .by the estimate of damage. However, the original billing will not be delayed as the original 30-day deadline is 9/18. Sincerel ~~-, Roland G. Re islet g `~' copy: P. J. Raynor, Collector of Revenue D. Josewitz, Listing .,enc. ;~~ 51 { 1 ROLAP7D G. REGLSrER Tax Administrator September 23, 1997 APPELLANT'S FXFiIBIT J ~x6~, NEW HANO'6~ER COUNTY TAX ADMINISTRATION 320 CHESTNUT STREET, ROOM 209 WII:MINGTON, NORTH CAROLINA 28401-4090 TELEPHONE (910) 341-7131 C. William Barker 224 Seacrest Drive Wrightsville Beach, NC 28480 Re: Revised value - 1986 Bertram - P097000267 Dear Mr. Barker: Thank you for the marine survey which gave us a starting point for the adjustment. Your original is enclosed. The 578,000 survey indicated the need for prompt attention to about 53800 in repairs. The presumption is that those repairs were made as some were cited as immediate needs. As for the insurance settlement and list of estimated repairs, it appears that your claim was settled for "replacement cost" rather than a depreciated cost for props, gears, and motors that were approximately ten or eleven years old. There also appeared.to be some cosmetic attention to the flybridge which may or may not have been anything more than normal maintenance .and polishing due to age. Antifoulant paint is normal maintenance although earlier stripping cost for inspection of damages was not. In reducing some of the cost not deemed by me possibly not as a result of hurricane damage, I have adjusted the estimate of damage as paid by the insurance carrier by 512,627. With a 544,173 reduction from the survey value, the value as of January 1, 1997 is estimated to be $33,800. The tax statement will reflect that value for one year. If you desire a public hearing, please provide your desire in writing within 15 days from the date of this notice or the determination will be final. Upon receipt, I will provide you with the requirements of legal review of your proof prior to scheduling your appearance before the Board. Sincerely, Roland G. Register ~~qy: P. J. Raynor, Collector of Revenue L D. Josewitz, Listing J.'~ 17 r. l,~ enc. t 1~J ~~, ~~s ,^ ~' ,~! ~~ ~: t l t t REQUEST FOR BOARD ACTION Meeting Date: 11/17/97 Regular Item #: 5 Consent Item #: Additional Item #: Department: Legal Department Presenter: W. Copley Pa e Count In A enda Packa e: 6 Contact: W. Co le SUB.IECT: -1997 Voted Bond Authorization -Certification and Declaration of Resulis. BRIEF SUMMARY: The Board must adopt a Statement of Results certifying and declaring the results of the November 4, 1997 bond authorization. RF;CO~ih~1ENnEi) MOTs N ANn RFO FSTFD A TIONS• Adopt Statement of Results declaring the results of the special election. r_UItiUtIyG SOURCF: Federal S: State S: County S: User Fccs S: Other S: Bonds (Money Is In Current Budget: Ncw Appropriation Rcqucst: Budget Amendment Prepared: tcGVlr VYC.II ITY: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMFNTS ANn RFCOi<11~1FNDATIONS• Recommend approval. COUNTY M I 1 . C, CO S~.~NER~ APRROVED REJECTED REMOV~~ ~ 53 r?osr~orvEl~ l Refer to Office vision Bulletin Board for Disposition ~'IEARt) Q DATE ~~G~ STATEMENT OF RESULT OF SPECIAL ELECTION HELD FOR THE COUNTY OF NEW HANOVER NOVEMBER 4, 1997 WHEREAS, by direction of the Board of Commissioners of the County of New Hanover, in ~j the State of North Carolina, a special election was duly called and held for the County on November 4, .U 1997 for the purposes of submitting to the qualified voters of the County the questions hereinafter set forth, and that Board has received from the New Hanover County Board of Elections a certification of I ~ the results of the election, and has determined the results of the election to be as hereinafter stated;' '~ NOW, THEREFORE, The Board of Commissioners of the County of New Hanover hereby makes the following statement of the result of the election pursuant to The Local Government Bond Act: (1) The total number of voters registered and qualified to vote at the election was 102,958 (2) The number of voters who voted "YES" in answer to the question "SHALL the order authorizvng $125,000,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of providing school facilities, including the acquisition and construction of new school facilities, the improvement and expansion of existing school facilities and the acquisition and installation of furnishings and equipment and the acquisition of interests in real property required therefor; and a tax to be levied for the payment thereof; be approved?", K ''ro~A ~~~~ 54 ~~~~~ ~~ . _ ~~.. ~ + ,. .. ~` 10,380 t~, viias 3, 860 The total number of voters who voted "NO" in answer to that question was .The question in the form submitted was approved by the vote of a majority Hof those who voted ~ " _. - thereon at the election. _ .~~` ~ {3) ~ . The number of voters who voted "YES" in answer to the question, ,, ~~. SHALL the order authorizin $38 300 000 of bonds secured by a ple ' ~ g dge of the faith. ~~, . r . , , and credit 'of the County of New. Hanover to pay capital costs of providing community- ~` ~ college facilities, including the acquisition and construction of new communi cone . ty ge -facilities, the improvement and expansion of existing community college facilities and ,~' _ ~_ the acquisition and installation.of furnishings and equipment and the acquisition of ~~ interests in real property required therefor, and-a tax to be levied for the a en P Ym t thereof, be approved?", j~ 14,880 9.,308 - was' The total number of voters who voted ~''NO" in answer to that question, was The ..~ question in the form submitted was a roved b the vote of a ma'o Pp y ~ my of those who voted :•F thereon at the election. ~~~ Any action or proceeding challenging the regularity bf validity of this bond referendum must be -. "- -~~ begun within 30 days after November 10 , 1997, the date of publication hereof. ~F . Board of Commissioners of . o- i the County of New Hanover, North Carolina '4 ~ .. t, r ' is This page intentionally left blank 56 1 r t ~~i ,~, f -. ,~, .. ,,. r REQUEST FOR BOARD ACTION Meeting Date: 11/17/97 Regular Item #: 6 Consent Item #: Additional Item #: Department: Environmental Management Presenter: Ray Church Page Count In Agenda Package: Contact: Geof Little SUB.IECT: Resolution Establishing Solid Waste Advisory Board BRIEF SUMMARY: The Board of Commissioners heard presentations on September I S and October 6, 1997 regarding the recommendation of the establishment of a Solid Waste Advisory Board. At the October 6 meeting the Board of Commissioners recommended a structure for the Advisory Board. The attached Resolution and By-Laws acknowledges the recommendations of the Board of Commissioners which includes the membership of the Advisory Board and a charge from the Board. RECOMMENDED MOTION AND RFO 1FSTFD ACTIONS• Staff recommends the Board of Commissioners approve the Resolution and By Laws establishing a Solid Waste Advisory Board. r_u-~ullvC; SOURCE: Federal S: State 5: County S: (Money Is In Current Budget: Budget Amendment Prepared: User Fccs S: New Appropriation Request: Other S: LLGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT \.VVI~ 1 r 1y1AlVA t' Recommend approval. J i COUNTY GOMMfSS~ON~RS ~ APPROVEp REJECTED ~,# REMOVED q PQSTPpNEp {~ MEARD ., ~° 7. DATE .~~., ,.,,.~/ . ~. /~ Refer to Office Vision Bulletin Board for.Dispositior~'g f ~f~ ~~.~,.t... i ~ ~.~~- I,Lt;~ty : _ ~2~~/5:7 ~c~v't.r~'75e'_ ~'~.crz;~e;~S J RESOLUTION ESTABLISHING A CITIZENS SOLID WASTE ADVISORY BOARD WHEREAS, New Hanover County is a densely developed coastal County with sensitive environmental conditions; and WHEREAS, the County has developed innovative and integrated technological systems for the disposal of solid waste to provide environmental protection; and WHEREAS, the County desires to continue planning for sound, efficient, and economical solid waste collection and disposal services; NOW; THEREFORE, BE IT RESOLVED: That the New Hanover County Board of County Commissioners does hereby establish the New Hanover County Citizens Solid Waste Advisory Board, hereinafter referred to as "Advisory Board", and charges it with the following purpose. Special emphasis will be placed on providing direction on how to most effectively manage the increasing solid waste stream over the next three-to-five years: "The New Hanover County Citizens Solid Waste Advisory Board is hereby charged by the New Hanover County Board of Commissioners to review the New Hanover County Solid Waste Planning Area Solid Waste Management Plan, and to recommend sound, sensible and practical strategies necessary to accomplish the solid waste management goak contained in the 10-Year Plan." In so serving, the Advisory Board may be expected to perform any the following: 1. To review with County staff all information relevant to solid waste collection and disposal; 2. To evaluate and recommend short- and long- range plans for waste disposal, including expansions or additions to the existing County solid waste management facilities WASTEC, Landfill and Recycling, with considerations given to any economical alternatives including transfers ofwaste to out-of-County facilities; 3. To also evaluate and recommend reasonable alternatives for assuring revenue necessary to fund the existing solid waste facilities debt service; and 4. To evaluate and recommend public service programs for litter control BE IT FURTHER RESOLVED: That the Adviso Board shall.consist of 15 members, --~~gt ti~tlt!ttt~~ ry approved by~t~h~'e-'~Cou~ntyC+ommissoners as provided in the Advisory Board Bylaws. a5tr+eead~et+lA °.'1~!A BE TT FURTHE'R~R~ESOL' VED: That the Advisory Board shall operate in accordance with the Bylaws as establi's"~hed'~by~the~ ew Hanover County Board of Commissioners and according to Lt~ follo wing guidelin~ees~'~ J ~Rl~ ~. ~~ .. .. . ~ ~ 1. The Advisory Board members shall serve without compensation, but may be refunded . , - - . necessary expenses incurred by them in carrying out their duties consistent with the , , .>~ ~ .adopted budget. ' .. 2. A,ma orit of the members of the Adviso Board shall constitute'a uorum for the J Y rY Q `- transaction of business:. An affu-mative vote of the majority of members. present at a, . meeting of the Advisory Board shall be required to constitute action.of the Advisory Board; . ." ~~. ... 3. - , The officers of the Advisory Board shall be chairman, vice-chairman, and a secretary. The chairman, vice-chairman,' and secretary shall be elected by the Advisory Board from its F ,~ membership at the organizational meeting. ~ 4. The organizational meeting shall be called by the Chairman rof the County Commissioners 1 ~ ~ ~ ~ and shall beheld.within thirty days after the. appointment of the members of the Advisory . ..., . ~, Board. All appointments to the Advisory Board shall be completed within .ninety days: 5. The°Advisory Board shall continue until such time as the New Hanover County Board of Commissioners .declares the -Advisory .Board to be dismissed. The .Board of ~ . Commissioners shall review the fiuther need for the Advisory Board no later than January .- ` ~ 1, 1999: ,. ~~ ~ 6: ~ New Hanover County shall bear all the costs of the Advisory Board. As soon as ~ ry .. r , practicable after its organizationalmeeting, the Advisory Board shall 're are a bud eI for ~ . P P g its ,operations. The budget shall be reviewed and subject to the approval of the County ~_ t ~ = Commissioners. The employment of personnel, purchasing procedures and financial ° management. by the Advisory Board shall be ,subject to the Local Government Bud et g _ ~'` and Fiscal Control -Act. , . . - .. " 7. The Adviso Board ma utilize officers em to ees a ents and facilities of New rY _ Y ~ P Y g , . ~~ -. Hanover County as needed to carry out the Advisory Board purposes. . , 8. The. Advisory Board shall have the authority to'appoint such subcommittees consisting of its membership as well as other citizens as necessary for the accomplishment of its . •;~~. ~ purposes. Signed .this the day of , 1.997. •. ~ . . . .. ,. h~~ 59 ~. .... . - _ NEW HANOVER COUNTY CITIZENS SOLID WASTE ADVISORY .BOARD . BY LAWS ARTICLE 1 -..NAME This organization, established by~the ,New Hanover Board of County Commissioners, shall be known as the "New Hanover County Citizens Solid-Waste Advisory Board", hereinafter referred to as the Advisory Board. ' ARTICLE II -STATEMENT OF CHARGE Acting in an advisory capacity to the New Hanover County Commissioners, the Advisory Board shall review the New Hanover County Solid Waste Planning Area Solid Waste Management Pfan, and recommend sound, sensible and practical strategies necessary to accomplish the solid waste management, goals contained in the 10-Year Plan.. Special emphasis will 6e placed on providing direction on how to most effectively manage the increasing solid waste stream over the next three-to-five years. The Advisory Board shall. evaluate all pertinent aspects and issues relating to the management of solid waste in order to achieve the following goals and objectives: I. ~To assist local governments in New Hanover County in the development and implementation of a coordinated, long-term solid waste.: management plan that is acceptable to the New. Hanover County Board of Commissioners,. and the City and Town Councils; II. To recommend sound, sensible and practical solid waste strategies that address, but are not limited to: A. Distribution of the waste stream among the integrated management options available: material recovery, energy recovery, landfilling and waste transfers; B. Alternative or expanded material and resource recovery systems. III. To assist in developing the most effective allocation of solid waste management functions among all local governing bodies in New Hanover County; IV. To review and make recommendations on the awarding of any major planning, engineering or construction contracts involving or affecting the County solid waste mana emen g t program; V. To evaluate and provide recommendations to the County Commissioners for modifications to and implementation of the New Hanover County Solid Waste Management Plan; _ VI. To review, comment and provide recommendations to the Board of Coun ty Commissioners 60 for capital projects regarding: (~ ,U C:1PlanninglSolid WastelAdvisory BoarcilAdminlAdvisory Board Bylaws.doc Page 1 of 5 10/28/97:9:11 AM /~' -.:, ' . ~~ . A. Initial plans and concepts;. . ~ B. The selection of engineering, financial and legal consultants; ' ' C. Final designs and specifications; D. Award of construction contracts; and E. Construction progress. ' ~/ ~ 'ARTICLE III -MEMBERS L Th e Board shall consist of 15 (fifteen) members, including aChairperson, aVice- Chairperson, and a Secretary as elected by the Advisory Board membership. The ~~' Advisory Board membership should include persons selected from among the following disciplines or groups: ' Disciplines Business Sector Organizations • Engineering Waste Haulers Local Civic, Community or ~ ~• Technical Industry/Institution Environmental organizations ` `' Medical ~ Commercial County and Municipal ' Scientific Trade Association Managers ' Legal Representative, such County and Municipal Staff • Financial as Builders, Kee America Beautiful of P ~, Accounting Restaurant, New Hanover County ~~~ Academic Hotels/Motels, etc Citizen Representative '~' II. Members of the Board shall be: A. ~ Residents of New Hanover County, and shall be persons having. some concern, ~~', interest and/or expertise in managing solid wastes, ~, B. Appointed for terms no greater.than three (3) years,twith unlimited number of terms, and ,~ C. Subject to the approval of the New Hanover County Board of Commissioners. ~~" III. The Membership of the Board shall consist of: ~; A. Ten (10) persons appointed by the New Hanover County Board of Commissioners as follows: one (1) sitting County Commissioner, two (2) representatives from among the current solid waste hauling companies servicing the area, and seven (7) at-large appointees. B. A total of five (5) persons appointed by the municipal governments as follows: City ~, 'of Wilmington two (2) appointees, and the Towns of Carolina Beach, Kure Beach and Wrightsville Beach one (1) appointee each. ~~ 1V. The County Environmental Management staff and other County staff, as requested by the Advisory Board Chair, will provide staff and technical assistance to the Advisory Board. ~; 61 C:1Planninglsolid WastelAdvisory BoardlAdminlAdvisory Board Bylaws.doc Page 2 of 5 10/28/97:9:11 AM t ARTICLE IV -DURATION OF ADVISORY BOARD The Advisory Board shall continue until such time as the New Hanover County Board of Commissioners declares the Advisory Board to be dismissed. The Board of Commissioners shall review the further need for the Advisory Board no later than January 31, 1999. 'N . ARTICLE V -OFFICERS I. Officers Defined: The officers of the Advisory Board shall consist of a Chairperson, a Vice ' Chairperson, and a Secretary. The Chairperson, Vice Chairperson, and Secretary shall be elected by the members of the Advisory Board annually. II. Duties: The Chairperson shall call and preside at meetings and appoint committees. In the absence of the Chairperson, Vice Chairperson shall assume the duties of the Chairperson and perform other duties delegated by the Chairperson. The Secretary shall maintain minutes of the Advisory Board meetings, advise on the Advisory Board budget status, and prepare reports for circulation to each Advisory Board member and the Board ,~ of County Commissioners. III. Elections: Election of Officers shall be~ at the first meeting of the Advisory Board and annually during. July, thereafter. IV. Officers of the Advisory Board: Officers shall hold their offices and exercise powers and duties given to them under these Byfaws during the term of one year. No limits are placed 'on the number of terms a member of the Advisory Board may serve as an officer. 1~ . U ARTICLE VI -COMMITTEES The Advisory Board shall establish as many committees or ad-hoc committees as the Advisory Board may deem necessary to carry out its goals and objectives. Each committee shall have at least one Advisory Board member as a committee member. -Non-Advisory Board personnel serving on committees shall have no voting power within the Advisory Board proper. ARTICLE VII -MEETINGS I. Regular Meetings: Regular meetings of the Advisory Board shall be held as established r by a majority of the Advisory Board, but at least once every three (3) months. II. Special Meetings: Special meetings of the Advisory Board may be called by the Chairman or at the request of a majority of the members. The purpose of the meeting shall be stated ~~ in the call. At least three (3) days advance notice shall be given. III. Advisory Board Committee Meetings: Meetings of the Advisory Board Committee shall be ~' held at the frequency deemed necessary by the Chairperson of such committee and upon due notice in a timely fashion to committee members. IV. Quorums: Unless otherwise established by law or these B laws a u r y q o um shall consist of a majority of the membership. If a quorum fails to attend any meeting, the Chairperson 62 may adjourn the meeting until a quorum shall attend. C:1Planninglsol'd WastelAdvisory BoardWdminlAdvisory Board Bytaws.doc Page 3 of 5 10/28/97:9:11 AM .. ~ 3; . ' _ - /~.~ 1/. Actions of the Advisory Board: A majority vote of the members 'present at,a meeting of the. ~~; Advisory Board with, a quorum in attendance shall be required to constitute an action of the Advisory Board: _ . VI. Action By, Consent: Any action may be taken without a meeting if all Advisory Board members entitled to vote thereon consen in t writing to the .adoption of a resolution authorizing the action. `~-' VIL Attendance: Each member-shall be ez ected to a p ttend all. regular Advisory Board meetings -and Committee meetings on which the. member serves. ~`~ Vlll. , ~ Open Meetin s: The meetin s of the Adv' t 9 g isory Board and its Committees shall. be open to the public in accordance with the laws of the State of North Carolina. ~'~ .~. IX. ;Rules of Procedure: Roberts Rules of Order Newl v' y Re ised, subject to these Bylaws, shall govern the procedures of all meetings of the Advisory Board and its Committees. i - ARTICLE VIII -AMENDMENTS ' - , '~! Amendments to the Bylaws of the Advisory Board may be considered and approved by the affirmative vote of a majority of the membership of the Advisory Board at any regularly scheduled ~or special meeting. provided; however, written notice of the proposed amendment must be sent. ,~f to each member of the Advisory Board at least three (3) days before the scheduled vote. Also, . _ such amendment shall be subject to the approval of .thee New Hanover County Board of~ Commissioners prior to taking effect., _ ARTICLE IX -DISBURSEMENTS ~~< C ~ New Han v { o er County shall bear all the costs of the Advisory Board. As soon as ;~ practicable after .its organizational meeting, the Advisory Board shall prepare a budget for its operations. The budget shall be reviewed and subject to the approval of the County, ~~ Commissioners. The em to merit of er . p y p sonnet, purchasing procedures and financial management by the Advisory Board shall be subject to the Local Government Budget and + Fiscal Control Act. - II. The funds approved.and budgeted for the Committee shall be disbursed by the Director ' of the New Hanover County Finance Department in the same manner as other County Department funds are disbursed. The signature of an officer of the AdvisoryBoard is - required for requests for funds. _~ III. All fun ' ds received from revenue producing activities shall be deposited with the New .Hanover County Finance Department to the credit of New Hanover County and shall be ~; ~ disbursed by the County's Finance Director. '~ . ARTICLE X -PUBLIC INFORMATION ~" - . Th.e New Hanover County Public Information Officer shall assist the Advisory Board in the dissemination,of information to the public. ~~ ~; ,, C:1Planninglsolid WastelAdvisory BoardlAdminlAdvisory Board Bylaws.doc Page 4 of 5 10/28/97;9:11 AM ~1 •' . ARTICLE XI -GENERAL POWERS The Advisory Board shall have no powers, except as stated in previous articles or as entrusted to it by City, County or State authority. Specifically, the Advisory Board shall not have the power to: 1) Borrow money . 2) Encumber property 3) Dispose of ,any properties either real or personal d..~ .~ F ~~ i ~~ I f ,Fl i .. I 64 _ C:1Planninglsolid WastelAdvisory BoardWdminlAdvisorygoard Bylaws.doc Page 5 of 5 .' III 10/28/97:9:11 AM ... '~ Regular Item #: 7 ~ Consent Item #: Additional Item #: • , . ~,. Department:.Planning ~ Presenter: D. Hayes Pa e Count In A ends Packa e: 3 Contact: D. Ha es ,. - .. , ~~ ~,. SUBJECT: ,Nomination and endorsement of the Lower Cape Fear River for the American Heritage River Program ... • BRIEF SUMMARY: . The Cape Fear River CorridorPlan and Wilmington's Downtown Vision 2020 Plan recommends that the ` ~~` cooperating counties and municipalities apply for the American Heritage Rivers designation.: (See attached ~~ memo of October 28, 1997) ~ ,: _ ~. REC0~1MENDED MOTION AND RFO JESTED ACTIONS• • Adopt a resolution and prepare a letter of support to be included in the nomination packet. . ,~ f . .. .. t - .., - , • _.. FUNDING SOURCE: ~~~ •, Federal S: State S: County 5: User Fces S: Other St ,~ Money Is In Current Budget: New Appropriation Rcqucst: Bud et Amendment Pre ared: ~ , . .. ,: REVIEWED I3Y: ,, ~ • LGL: FIN: BUD: ' . HR: COUNTY MANAGER'S COMMENTS AND RFCOMM NDATIONS• ~, Recommend approval. ~ ' :. ~ . -_ , .. ,~ ~ ~ COUNTY COMMISStaNERS ` APPROVED . REJECTED C1 ... REM~VEd p ~• :~ - .. QosTROlvrru a 6 5 I ~- HEARD ° '''~ Rcfcr to Office Vision Bulletin Board, for Disposition DATE ~ ~ ~~ _ ~a ~Ua~-~ ~ NEW HANOVER COUNTY INTER-OFFICE MEMO TO: Board of County Commissioners FROM: Dexter Hayes, Planning Directo DATE: October 28, 1997 ~: Cape Fear River Corridor Plan . O L -vov ~ a Q 3 ~ ~ ~^ Enclosed is the completed Cape Fear River Corridor Plan as prepared by our consultants, Cranston-Icon Planning Collaborative. We are in the process of circulating final copies of the plan to interested citizens and making it available to the general public. We are tentatively scheduling the plan for adoption by the three governing jurisdictions in early December. A public hearing will need to be scheduled for that time. The consultants will also be presenting the plan to the Coastal Resources Commission at their November 20 meeting which is scheduled to be held at the Hilton in Wilmington at approximately 10:00 a.m. Concurrently, as we are finalizing the River Corridor Plan and the Wilmington Downtown 2020 Plan, the Planning staffs are preparing a nomination package to include the Cape Fear River corridor as an American Heritage River. This new federal initiative provides for the Presidential Designation of ten rivers nationwide in early 1998. According to the program's description, communities surrounding designated rivers will receive special recognition for their efforts and focused support from existing federal programs. A federal liaison for each river will be appointed to improve delivery of assistance from agencies throughout the federal government. As I understand the program, no new monies would be available, nor would there be any new regulations. However, we would perhaps, receive expeditious service and assistance through existing funding sources and agencies of the federal government: More information about the American Heritage River program is available at www.epa.gov/rivers or I can provide you with a more detailed summary. Nominations for the. program must be submitted by December 10th, along with letters of 1. endorsement from various organizations and agencies as well as resolutions from the participating local governments. . ' _ U' Since the planning staffs are currently preparing the. paper work under the direction of the River Corridor Project Oversight Committee, we will need formal endorsements by the respective governing boards and councils. If you have any questions or comments about the River Corridor Plan or the Ameri can Henta~ 4,dR'~~Y~`I~i five, please let us know. cc: Dave Weaver~~~~~~ Allen O'N~ eat ~~~ ~~~~ Lucie Harrel~g~ l ~ `~ . - - ~' fi. ', ,-. . ; ~ `•j New Hanover: County " Board of Commissioners ~` ~ ' }' ~ r~ ~~~~~~ ~. ~. " - ~i'hereas, .the Cape Fear River Corridor Plan has been developed jointly by New Hanover ~•r: -Count ,Brunswick Count and the o ' Y y City of Wilm~n~ton ;and ,~, Whereas,. this plan addresses the future of the Lower Cape Fear River in a regional, coordinated and comprehensive context, that balances economic growth with environmental conservation; and . `~ 1Vhereas, New Hanover County :desires to ensure the implementation of the Cape Fear Ricer v Corridor Plan and. to provide sustainable coastal development for both current and future generations; and ~~~ tVhereas, New Hanover County has a vision of and con»n~innent to the quality of life and the future `. . of our community; and ~, Whereas, the designation of the lower Cape Fear River as an America,: Herita e River will further 8 the implementation of the goals of the Cape Fear River Corridor Plan.; Now, Therefore, Be it Resolved b the Board of Count Commis i Y y s oners of New Hanover:" `. County That We Fully Support the Designation of the Lower Cape Fear~as a'n: c. . _ Afnerican .Heritage ~iver. .. . - ~~ -. ..... ~` ~ ~ ' _ ,~ This. the 17th:,day of November, 1997. ~+ ~ ~ ` . " . Robert G. Greer, Chairman - Attest : ~- ~' Clerk to` the Board ,~~ ~ 6 7 1 - . .. i Tliis page intentionally left blank 68 ' ~' Regular Item #: 8 ~ Consent Item #: Additional Item #: - Department:. New Hanover Transportation - Presenter: Patricia A. Melvin .. Pa e Count In A>;enda Packa e: Contact: Patricia A. Melvin ~~ SUB.TE~T: New Hanover Transportation Services--Private Operator Request '~~ - ' - BRIEF SUMMARY• PTS, Inc. the private operator awarded the contract to .provide transportation services for New Hanover i County has requested an increase in the per mile rate charged each participating agency for transporting. its - clients to and from appointments. The current contract rate is $1.09 per mile. PTS, Inc. requests that the rate be increased 18 percent to $1..29 per mile. Such an increase will adversely impact budgets of County .. and outside agencies which are participating in the system. This increase will adversely affects decisions to be made by other outside agencies who are considering joining the system during FY 1997-98. The request . increase cannot be affected without an increase in Departmental budgets. ~~~~ ~~' ~ RE i`7'VIENDFD M TI ,~ ' . • •N Al~1J REQUESTED ACTIOtiS . The following options are available: ~ . f I) Approve the requested increase and increase the transportation budgets of participating County Departments, with - hopes that participatingoutside agencies will be able to obtain budget increases to provide services throw hJune ' g 1998. 2) Approve the matrix proposed in the November 3rd wherein mileage would be calculated on a quarterly basis at 96,000 miles per quarter at $1.09; and for every 5,000 miles short during a quarter, agencies would pay an additional ~; $.04 permile. Increase County Department budgets accordingly. 3) Deny the requested increase and consider whether the system should be operated by the County.at a rate of $1.19 A "~r per mile for FY 1997-98 and $1.01 per mile for FY 1998-99. e 4)-Deny the requested increase and enter a contract with Progressive Transportation services at a rate of 51.1 S per mile. FUNDING SOURCI/- Federal S: State $: County S: User Fees S: Other 5: - Moneyls In Current Qudgct: Ncw Appropriation Rcqucst: ~~ ~. A'Bud et Amendment Prc ared: _ ~REViF,WED I3Y: a LGL: FINN BUD: HR: - ~~ . ~. - COUNTY MANA TFR' COMMFNTS AND RF nMMFNDATIONS Consider all optwns noted above. Options three and four are most viable. They offerthe least expense to the County.and participating agencies. Adoption of option three or four will insure continued participa-lion ` - by outside agencies, and will be looked upon favorably by other agencie as,~ex onsider whether to join .the system. ~UUIV t Y t,0`(VIMI lat~ER~3 ~~. APPR OVED t~ ~, REJECTED p _ ~,: _ REMOVED C.I 6 9 . ~ P4STF~flNEp p Refer to OfTice'Vision Bulletin Board for Disposition FIIVARp ' ~ '' z- - ~lq~i2,~'"G~~JC'~r 1"~il (~'~ ~~r7-f-i G`)') r l .---- ~.ce This page intentionally left blank ~- ~A ¢>au +~ i~a ti+ 70 ~ ~~~~~ ~~~ ~ ~?~~'~~~~4 ~9 ~~Q ~, ~~' p.~:xr.,..::W: n 0 7 a ~~ ~~ r; 0 0 Regular Item #: Consent Item #: ~ '. Additional Item #: 1 ~~ Department: New Hanover Transportation Presenter: Patricia A. Melvin Pa e Count In A ends Package: Contact: Patricia A: Melvin ® -., y®r ' SUB.IECT: New Hanover Transportation Services -- Private Operator Request ; . ~~~~ BRIEF SUMMARY: ' PTS, Inc., 'the private operator awarded the contract to provide transportation services for New Hanover ~. Transportation Services has requested an increase in per mile payments to provide services to clients of ~A.° human service agencies in New Hanover County.. The increase requested is. 20. cents per mile more than agreed upon when the:contract was awarded. The current contract terminates on June 30, 1999. County ~, agencies indicate that_the increase will cause them to discontinue needed services :in ApriVMay 1998, unless their budgets are .increased to cover shortfalls. Outside agencies will have to seek increases in budgets or • , discontinue participation in the coordinated system. PTS, Inc. will seek to terminate contract if requested t increases are not awarded. Termination of contract can be obtained with a 90-day. notice. r ' ~'- - ~ . RE MME DFD M TI NAND RE E + OU STED ACTIOi~S_ ,Consider whether agency budgets can be increased to cover 20 cents per mile increase; if the system should . ~; be County operated; or whether other bidders should be considered to provide necessary services.. .- . . .. • .~ ~' FUI\'DI1~rG SOURCE: ~ . Fcdcral,S: State S:. County S: User Fccs S: Otficr S: ' ~~ ,Money Is In Current Budget: New Appropriation Rcqucst: - Bud et Amendment Prc arcd: REVIEWED BY: . . ~` LGL: .. ~ FIN: BUD: - HR: •" BOUNTY MANAGER'S COMMENTS-AND RF nMMFNDATION • . ... MConsider request. ,0 . COUNTY COMMISSI9NERS • APPROVED. CT , REJECTED O _. REMOVED.. O .- . . . POSTPONED Q'~~~:/ a j~%7 ~' HEARO '~ ~ Re(crto Otrice Vision Bulletin Board for Disposition D/~TE ~~ 91 iC/`~"" NEW HANOVER COUNTY Q INTEROFFICE ~~ a.. MEMO October 31, 1997 TO: New Hanover County Board of Commissioners FROM: Patricia A. Melvin, Assistant to the County Manag~~L"r `~ Andy Atkinson, Deputy County Manager ~y RE: New Hanover Transportation Services Agenda Item Effective ]uly 1, 1997, Professional Transportation Services (PTS), Inc. became the private operator, providing transportation for clienu of area agencies involved in New Hanover Transportation Services. The contract for PTS, inc. is to provide services at a cost of $1:09 per mile. Based on previous year's roperations, we projected that clienu would be transported a total of 400,000 miles for FY 1997-98. After three months of service,- Mr.' Leith Helens, Owner of PTS, Inc. states that the average number of miles driven during the first quarter are lower than expected and has requested a per mile increase to $1.29. Participating agencies state that such an increase would severely limit their ability to continue in the rystem through June 1998. Most agencies have projected that they will run out of money in March or April of 1998. If the agencies experience shortfalls, the service will either discontinue as of that time or remaining agencies could face yet another increase in .per mile cost. Agencies are concerned that the miles are lower at a time when some have seen client requesu increase dramatically. The following information provides an outline of options for providing transportation services to clients of human service agencies and the general public of New Hanover County. OPTION 1: Comply with PTS, Inc. Request for Increase To continue providing current levels of service, County departmenu, will require budget increases ranging from $1,000 - 30,000. Participating County agencies include: Department of Aging, Department of Health, Department of Social Services; and Elderly ~ Disabled Transportation Services provided for via the New Hanover Transportation Services Budget. Ouuide agencies, include Giris, Inc., Commission for Blind, Communities in Schools, Boy Scouu of 7An~erica, Vocational Rehabilitation. The per mile increase, as requested, would result in extreme a .. .. - ,. ;. . ' •~ ~° hardships, and in some instances, withdrawal of agency participation in the rystem. Other agencies which we hoped to Bring mto the rystem during FY l 997-98, l.e. Headstart, Inc. and YWCA would _~ suffer similar hardships. . OPTION 2: County-Operated Transportation Service r ~~ Based. upon attached calculations, .prepared by Norma Troutman in the Budget Department, the -County could operate the service, for $1.19 per mile for the first six months, and $1.01 per mile ,~,. in FY 1998-94. The difference in operating cost is the cost of office furnishings which are applicable the first year. Additionally, if the Transportation Service is housed in the Lucille Shuffler Building, .there would be no rent cosu involved, which -will mean a reduction in the per mile cost.. ~;.~ OPTION 3: Consider Progressive Transportation (Other Bidder Bidding $1.15 per mile) ., ~r. ~ - Three bids were received for providing transportation services last.spring. Professional Transportation bid $1.15 per mile, including the County's $.OS .per mite surcharge. Progressive Transportation. bid ~' $1.1 S per mile, excluding the County's $.05 per mile surcharge. Laidlaw Transit Services bid $1.54 . per mile. Representatives of Progressive Transportation have stated that they will provide the service at $1.15 per mile, if we wish. to consider their completing the two year contract period. ~: . . ADDITIONAL INFORMATION ;Agencies are currently paying $1.12 per mile which covers $1.04 per mi{e to PTS, Inc. and a $.03 ~; per mile surcharge. The surcharge revenues are placed in the NHTS account and. used. to offset local match monies required. for purchase of vehicles. Agency representatives feel certain that the number of mites projected iri the request for proposals will be met. ~` l f mo re mformauon is required, please contact Pat Melvin at 341.7184. '~ \Pam ~_ - ~ .. ~~~ ,~ .. ~, ;~~ .. 73 . ~ ~ - .. 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REQUEST FOR BOARD ACTION Meeting Date: 11/17/97 Regular Item #: w&s #3 Consent Item #: Additional Item #: Department: Water and Sewer District Presenter: Wyatt E. Blanchard Pa a Count In A enda Packa e: Contact: W att E. Blanchard D SUB.TECT: Fairway Utilities, Inc. Contract #98-0173 BRIEF SUMMARY• See, attached memorandum a ,a , a~ ~ ~. - . RECOMMENDED MOT[ON AND RFO . UESTFD ACT[ONS• Recommend, the contract be approved with authorization for the Chairman to execute. ` ' FUNDING SOURCE• ' .Federal S: State S: Cou nty S: User Fccs S: Other S: Money' Is In Current Budget: Ncw Appropriation Request: ' Bud et Amendment Pre ared: NO REVIEWEn BY• ' LGL: FIN: BUD: APP CGRIEFIN HR: ' COUNTY MANA ,ER'S COMMF'NTS A ND RF OMMFNDAT(ONS• Please see the County Engineer's recommendation. I concur with Mr. Blanchard's analysis and recommendation. ~ COt1NTY C~}MMIS$IONERS ' - ~ ~ APPROVED [~~ REJECTED REMOVED ^ PQSTi~ONE©O 8 3 - HEARD O ' ~ ~Iri~ T~ _.,. r ~~~Z~;~ Refer to Oflce Vision Bulletin Board for Disposition DA i NEW H.ANOVER COUNTY INFER-O~FIC~~ =MEMO November 4, 1997 TO: Board of County Commissioners FROM: Wyatt E. Blanchard, P. E. (~t~~d County Engineer RE: Fairway Utilities, Inc. Contract # 98-0173 During the past few years, five subdivisions known as Cypress Island, Sapono Point, Lighthouse Village, Soundside and Old Cape Cod have been constructed or are under construction which discharge to the private wastewater system known as Fairway Utilities, for treatment. Since these subdivisions are in the southern end of the County, the District cannot provide wastewater treatment at this time. The sewer systems in these subdivisions are being turned over to the District since they are outside of the Fairway Utilities franchised area. In order to better serve the residents in these subdivisions, I would like to recommend that the above sewer systems be turned over to Fairway Utilities for ownership and operation. This would allow the residents to deal with only one entity. The. referenced contract will allow transfer of the sewer systems and set forth the requirement that they are returned to the District at no cost to the District in the event the District obtains the Fairway sewer system in the future. A map is attached indicating the location of these subdivisions. ~.. - : . - . . ~ Budget Amendment - . , . ...... ~ DEPARTMENT " . BUDGET AMENDMENT # - DATE ~ ~ .- ' .. ~ - Gene.ral"Fund/Sheriff/ - ~ 97-0058 - 11-3=97 , -' - Administration/911 Center - - .. Emergency Telephone Fund/, - . ~ Sheriff Administration/ ~ - ADJUSTMENT DEBIT _ CREDIT ` . ~. ~ General Fund/Sheriff/Administration ~ _ Operating Transfer In $6,840 :.. .(from Emergency Telephone Fund) ~ ' . ,. General Fund/Sheriff/911 Center ~ `.~ Contracted Services ,$6,840 - Emergency Telephone Fund/ _ , .Sheriff Administration 911 Surcharge ~ $6,840 , Transfer to General Fund ~ $6;840 - , ~ ~ ~ EXPLANATION To budget .91-1 surcharge .funds for additional expenses related to emergency ~ service zones. .. COUNTY COMMISSIONERS -- REJ EGTED ^` :For Budget Officer's approval; then report _ REMOVED . ^ to Commissioners at nextregularmeetine ,. POSTPONED D and enter in minutes. - i i ~ H EARD ^ oners. ss To be approved by Comm ~" ~ DATE 11 ~ ~ 9 ? - To be entered into minutes. ~ _~~ > AR _, .... .- o c __ ._. ...__..__. ?eP/-U?/aTCi1;IR~;~ ~ 1 - -- ---...._.. GRETPOINT--'~- -----w-' ~~ a Y I w 3URTON ~ • 2 DR `~j.- c c WAY -i~o ~~ 9i ~, SAGO BAY ,1 wjQ LN~ SEAVIEW Rp W _' c °' - ~ OLD CAPE COD a `- ~ ' ,- i~ ~`y ° U! OLD Cr-l1MNEY ~ a~ ~ a ,, nIVrR GAKS ~ II ~; C}~,IMNEY LN ~.i ;.: L VALLEY ~ =- -- ~:: r HIL WALK ''/ ' w _ - ---, G'y - - ---- q p ~~~~ Q MCOUILLAN ~~ . , DR ~ \ ! [[ RIVER ~ JQ~ MAYPOP ~,r- -, n o ~ O k ; v,~~1N ~ I -^~ Lc ,y,G~, ~ ~ , R D R1 e02FM d ?.~y ;~ 1~~~ ~ Nq0 " i ROYIAL F,c'p BONAIRE RDA =SALIENCE Rp :~ I W RD ~ CAROLINA INLBi INLET ACRES pR ~ ~ ~. _ - ~ ~ ' 9LgG~HORSc ACRcS CAP~SIDE ~ RADNOR I IRD VIL~GE ~ ~ RpR~RA_DNORr D Jz~ r-.. ~ ~ --- ~ ;' i I THE GAPE e<~ ~l o w~w.~~> LIGHTHOUSE VILLAGE ~ ?' %((~ 'SILVER AVE 3;a ~mD ,'"~ •~ , T" die T'~ a~~ SIB-- - v 6URN I ~ DR= COLD AV= j` -` ~ ~Io DR j C~ `~ THE CAPE ~ ~ INL ~ ~ _ - ` ~1 I= " oLF couRS i SPENCER CT ~ apia ~ ~~ ~ ' - PA ` E FLF G ZE i INLB( r?T~° ~_ ~r Z ~ Y . ~ ¢~ ~: qIR 2 © e ~ h'ARBOUR ; ' I Green ~ ~ ~ ~ Q = ; CIR ~ COBIq/ E'' ~' S C ~ Ct N ~1~ r~ ~ti r ..l N ~a ~ a, INLc~ POINT DR -{~ ¢a~ 1LJffies0~ ~" E18,4~blAlE "' O Q l r-~~ c:.OR ; i ~ -~. Muu-~ cT i r _ ~ z ~--Q '~ _. c-ii ~ nc ru :t T1 ~ ~JG~v O9 _\~ "? I- Q~T V~~ / i ?JMPANO Lti w > NPR I PINEHURS I \-9~ ~- a+, Q . ^ c~~ > ,' , ~ ~ ScA nOBW ..T ~ ~alOE GpV cz- cn ~ . '^~ .G~OG~ c c /~. .. ~~C~~ SOORING - SN SFq~RC~~`c,Rc~ DOr~ YI~V y- 'i= S~ J C.H NAUTI ~AL~ ~ Sc ~ `'~ ~~ BREEZE CT GRE=N -' ABRFF2SR ELM ST ~ ~ i \y VALLY DR ~ _ _ •, ~ et?97 Accurate Maos Inc. eoAF,i] %~ ~P~L SOUNDSIDEI ~ F~ OSCO AVE ~•^ ^ - _ - , , y! MAN ! j ~ : 39 W ~'~` _ _ a ' G~ cr1 ST BANK _ ~I G:= J ~~• FO ~ sNOw ~ .~4/ .. / ~ejP aY~aNa=~~.: O.~q~S ~' Q CUTPARK ~ _ ' `~ ~~ ~ MA, `' 1~iG~ , y . ~~~'iil ,Q / Ic~~z E' ~L~- AR OWN AvE, o i5~.~~ /nq~ ~ r -~''- -~F~--,~ `, o ~, ~,' ~ %. ~5,q~9'/j S cN roc `CYP_RESS ISLAND ~`° '~ ~,q~,~o i C CC'S / ~ o ' J i ~ Cpl /j ~ '-' L GR4! SHEL L,~SI Qi C/,' „ ^/~( /'L%J n ~ Q` O : a,U~ / 2. WHE!KLU V.ti •-~,/ F ~"'. - a ~ z; ~ LEwls ~ l D~,~~:c>K'.VCOD DR SAS^`! ~ I~- SAPONO POINT ~- ~ ~ o ~' 42~ o'' `a °~ 1 `Z RD ~l1Nl`'gR ~,_1~ - - -- :~ Q - _.1-~ 1 i, /// !~ S_CAROLINA ~. LOCATION OF SYSTEMS TO BE CONVEYED TO FAIRZI~TAYS UTILITIES, INC. i MAP-NOT-TO-SCALE I ~' NOVEMBER 6, 1997 _' ~~~~~ New Hanover County contract # 98 - 0173 ' NORTH CAROLINA ~4NTRACT NEW HANOVER COUNTY r THIS CONTRACT, dated this day of , 1997, by and between NEW ' HANOVER COUNTY WATER AND SEWER DISTRICT a bod olitic and c y p orporate of the State of North Carolina, hereinafter referred to as the "District"; and FAIRWAYS UTILITIES, INC., a North Carolina corporation, hereinafter referred to as the "Fairways' ; WITNESSETH: WHEREAS, Fairways is the owner and operator of a sews e treatmen . g t plant generally ' .referred to as The Cape Wastewater Treatment Facility; and i WHEREAS, pursuant to Chapter 15, Article II of the New Hanover County Code, developers must convey to District sewer systems necessa to service their re • ry spectrve subdivisions; and ' WHEREAS, the District is agreeable to permitting developers to convey certain designated subdivision sewer systems to Fairways, subject to the terms and conditions set forth herein. NOW, THEREFORE, the parties hereto agree as follows: 1. District shall authorize the developers of C ress Island/ YP Sapono Point, Ltghthouse Village, Soundside, and Old Cape Cod subdivisions to convey required sewer.systems directly to Fairways, for ownership and operation by said public .utility. 2. Fairways covenants and agree t o shat it shall accept the above conveyances on the express ~' term and condition that should Fairways ever offer to sell its public utility system to District, or should the District even elect to acquire said Fairways sewer system in anyway whatsoever, that the x sewer systems servicing Cypress Island/Sapono Point, Lighthouse Village, Soundside, and Old Cap ~: ~5 DRlaFi New Hanover County Contract # 98 - 0173 Cod subdivisions, valued as of the date of said future acquisition, shall not be included in the purchase or acquisition costs. Accordingly, it is the intention of the parties hereto that District, its successors or assigns, not pay any costs for ownership of the above-referenced subdivision sewer systems if obtained by District a~.Ra~..of a future acquisition of all or a portion of Fairways' public utilities. ~. Transfer. District's rights hereunder may be assigned, transferred, or otherwise conveyed by District to any other nonprofit public authority or municipal entity responsible for the collection and/or treatment of domestic wastewater. 4. tices. Notice shall be given in writing.to the parties at the following addresses: To Utilit}~: Fairw~avs Utilities, Inc. Attention: Steve Miller 5717 Carolina Beach Road Wilmington, North Carolina 28412 To District: New Hanover County Water and Sewer District Attention: Wyatt Blanchard 414 Chestnut Street Wilmington, North Carolina 24801 5. Entire Agreement. This Contract represents the complete agreement of the parties relating to the construction of the Project. Any amendment hereto shall be in writing, and shall be executed by the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution of this instrument, b}' 86 2 ~ _~ New Hanover County Contract # 98 - 0173 t authority duly given and on the day and year first above written. [SEAL] NEW HANOVER COUNTY WATER AND , SEWER DISTRICT William A. Caster, Chairman ATTEST: ' .Clerk to the Board , ' FAIRWAY (CORPORATE SEAL) S UTILITIES, INC. . (SEAL) President ATTEST: Corporate Secretary i ~ 3 87 i • ~ ~ ~~~" New Hanover County Contract # 93 - 0173 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: County Finance Director County Attorney NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this da}• and acl:now•ledged that she is Clerk to the New Hanover County Water and Sewer District, and that by authority dul}~ liven and as the act of the District, the foregoing instrument was signed in its name by its Chairman, William A. Caster, sealed with its corporate seal and attested b}~ herself as its Clerk. WITNESS my hand and official seal, this day of , 1997. Notary• Public My commission expires: 88 a ~~ ~~~ t New Hanover County Contract # 98 - 0173 NORTH CAROLINA NEW HANOVER COUNTY ' I, , a Notary Public of the State and County aforesaid, certify that came before me this day and aclcnowled;ed that (s)he is Secretary of FAIRWAYS UTILITIES, INC., a North Carolina corporation, and that by .authority duly given and as the act of the corporation, the foregoing instrument was signed in its ' name- by its President, sealed with its corporate seal and attested by him herself as its Secretary. WITNESS my hand and official seal, this day of 1997. Notary Public 'My commission expires: NORTH CAROLINA i 1 i ~ ._ 1 _; . 1 1 ~ ~ ~~- . 1 _ ~~ ~ 5 89 ' ~ ~ =~~~y-OVER c~6 ` a NEW ~L4NOVER COUNTY ''f~~'~ ~°~ INTER-OFFICE MEMORANDUM ~FNORiN~P DATE: August 1, 1997 ~~ TO: Wyatt Blanchard County Engineer FROM: Catherine C. Mor an Personnel Anal st ~~' g ~ Y L~ Human Resources THROUGH: Andre R. Mallette, Director Human Resources SUBJECT: Requested Reclassification Study ~I Based on our many discussions, on-site job audits, and review of position responsibilities and functions, we are prepared to make the following classification recommendations: - Downgrade vacant Chief Project Engineer position from pay grade 209 to 207. - Classify the new position requested as a Chief Utility Engineer (pay grade 208), if the position is approved. - Reclassify Construction Engineer (pay grade 124) to Civil Engineer (pay grade 124). - Reclassify two (2) General Services Worker positions (pay grade 107) to Utility Worker II (pay grade 110). The two positions which should be reclassified to Utility ~~ Worker II are those occupied by Ron Long and Ed Wilson. - Reclassify two (2) General Services Worker positions to Utility Worker I (pay grade 109). Once Tom has determined which two of the five remaining General Services Workers qualify to perform at the Utility Worker level, we will move those two into ~'" the classification and they will receive the pay increase at that time. L In your new organization, you have incorporated a new chief utility engineer position between you and the` superintendent(s) as a management position to not only perform 90 ~ ~~ -~ ' - Inter-Office Memorandum August 1,.1997 2 Wyatt Blanchard SUBJECT:.Requested Reclassification Study professional engineering functions but also to manage and supervise the day-to-day operations of the utility division. The utility division,. currently consisting of approximately 26 employees, represents a major component of the Engineering Department. This ' position is intended to, in good measure, relieve. you of the considerable administrative and' technical responsibilities in that area, as we understand it. It has been evaluated in that _ .light. You thought, with the shifts in functional organization and relationships you have made,. the Chief Project Engineer should be downgraded from pay grade 209 to 207. We agree. T The recommendation to reclassify the Construction Engineer to Civil Engineer is based on the same rationale. There is no change in pay grade, and we are eliminating more specialized titles which can be restrictive to opt for more generic, flexible titles. As for the General Services Worker reclassifications, Tom Burdette and I have had follow- ' up sessions to nail down what classification organization will work best in our water/sewer Y maintenance division. Also, we took into account your desire for a career ladder as a possible remedy to the terrible turnover problems we have experienced with this classification. ,. Currently, there are seven (7) General Services Worker positions. Clearly, there are two employees--Ron Long and Ed Wilson-- whom we identified through on-site job audits as .performing way above the General Services Worker level. General Services Worker is a laborer/helper who usually performs routine unskilled tasks under close supervision. These.two employees are far beyond that. They are performing semi-skilled and skilled technical work. Ed works independently, repairing water meters, etc., and Ron acts as a lead worker. We think there is some justification for making these two positions Utility Worker II rather than Utility Worker I, setting them slightly apart from others. If the reclassification of these two positions is approved, the payroll changes can be made immediately. Tom thinks the organization would work well with two other General Services Worker positions being reclassified to Utility Worker I. He says there are ample semi-skilled and skilled functions to be done to keep two employees fully occupied at the level of Utility !~+ Worker. The only problem we have is that because of the turnover, most of the General Services Worker incumbents on board now have not been employed long enough for Tom to evaluate and determine which ones can perform at this level. Therefore, if you get approval for reclassification of the positions, we in Human Resources will not actually reclassify any people (and award the pay increase) until Tom certifies which ones are to be moved into the Utility Worker I classifications. ~~PNOYER CO ~~ .: Gy~ic NEW II~~NOVER COUNTY • _ ;,• N ~` ''.• ~-~:~~o INTER-OFFICE MEMORANDUM OFNORiH~P DATE: November 3, 1997 TO: Wyatt E. Blanchard County Engineer FROM: Catherine C. Morgan, P sonnet Analyst Human Resources THROUGH: Andre R. Mallette, Directo ~~_ Human Resources SUBJECT: Classifications of Requested N w Positions/Reclassifications Based on your descriptions of proposed new or changed positions in your department, we recommend the following classifications: • New Position Water Operator ~ pay grade 113 +`~i The proposed new position is the same as the e fisting Water Operator position, so it should ~ be classified the same and assigned to the sam pay grade. • New Position Clerical Assistant pay grade 109 The Clerical Assistant classification you requested s ms appropriate for the position, but we may want to look at the position a year down the ro d to make sure it is distinct from the Clerical Specialist I position you currently have. • Reclassification Material Control Specialist a rade 111 P Y9 You are requesting to reclassify a Meter Reader (pay grade 08) to a totally different job to do with inventory conttol. The Material Control Specialist cl ssification requested is fairly consistent with existing Material Control Specialist positions i Property Management and WASTEC. Please refer back to my August 1, 1997, memo for our recommends ~ons on the other new position classifications and reclassifications requested as part of your re rganization plan. If I can be of further assistance, please let me know. ~~ 92 ~ i ~ .. Inter-Office Memorandum Au ust 1, 1997 3 , 9 Wyatt Blanchard SUBJECT: Requested Reclassification Study If you wish to submit this memorandum in support of your request to the Board of County , Commissioners, feel free to do so. If you have any questions or need further assistance, please call me at x7324 or OV me at CMorgan. r . r ~ ~~ ~. ~. .. ~~ ~ 93 ~' z~ d~ ~¢ cE am c ~ w Z a o w _~~^) W ~~~~ Z i ~~ ~'• L ~. Z ~ "^ _ -- '.1 v _N_ W ~ = a ,. ~„c ~~ o . 'c '~ _E N m ~ A OC E„ ~~ ~ u, J ~ a a ~ I o j Q ~ o W I ~, ~ ~ -- ~~/ to ' ~ ~ i-,aA lL ~ ~ ~ j ~a' O tW-- ~;::. ~ ~ ; ~ Q j ~ i j I a iv„~ ~~ ~ _ U I A y Al C ~ ~ IW I W I i -~ Iv O ~~ ~~~~~ ~ 1~~3 U I U i(~ I Z ~J W .~ W ~ ~C I ~°J Z U -0~ i o ~; j i i i g i ~ I , ~~~ , , Z ~ ~' ~ C C i I I v i IN ~~ W ° C C ~ W i W ~'~' ~ I L~ m .c i ~ L_! ~ ~~ d o I ~.. ~ ~ ~~ ~ I ~ i Ida; ~ ~ v~ j v I ~' ~ ' ~ ~ I ~ ;~~~~ . ~-~: ~N3' U ~j W N ~-~ ~ ~° O I~ ;, , ~h.~^I i v o i I ~` Q ~a ~ ~~ d~ o c i o ~ i ,a _ IVW f ~ I .3° i W i j ~ '' ~'= j i ~~, C C I C C z L ~~ "'° ~~"! w e G i c0 ~ a LW ~ f W~ I ~ i I W C~ I C.1 I F- i ('"~ ~~ '• rg 94 'r~~'' U i a ~~ ?~°1..~ I~ ~ .... ~~) ~. - ~ V W ~ Z . 'n V Z WW ~/ LL W W f /1 ~-- , Q ~ L- C (~ W Z ~ ~ W ~ I W w p '' ' ?~ C~ ~ ° Z U W ~- I-~-- . i Z 0 U W O Z ~` W Z L, t C '~ 'C U 0 C O Wp W O a` ~~ c .S ~ ~~ ~`m .~ U N c Asa ~g ,o d 3 d N ~~pp .~ O 'pm ; 4 Z ~. . s .~ A ~~ ~ x ~~ I ~ C ~^ ~ W `-' '~ Iq ~O.^.I iJ vi . v I I~ V ^ I 'U .~ ,.,i - Iz ~ ~o I 'N ~I u °f °~~ ~ ~--~ ~~~ -~. 0 ~j~v i ~J~ (-j ~ ~ .. ~I ` o i N N 1 o V 30 i ~pvl ~< <, ~~ ~~j ~~~ r W ~J A ~~al v~ o 0 K NEW HANOVER COUNTY ~I INTER-OFFICE MEMO ~ ~ TO: Wyatt Blanchard Water 8~ Sewer Engineering FROM: Barbara McClure, Internal Auditor U~ri~ DATE: July 11, 1997 RE: Inventory. As noted last year, it is my recommendation that Water and Sewer Engineering consider enhancing its inventory and purchasing activities. The Water & Sewer Engineering department has inventory, of sufficient size and volume to warrant a more formal inventory and purchasing operation, including the addition of a materials specialist or similar position. Although of much smaller dollar value, Property Management has had a formal inventory system in place for some time and Vehicle Management is currently implementing a new system. Both have materials specialist positions. WASTEC also has a formal system and personnel dedicated to the purchasing function. Please call me at extension 7127 if you have any questions or want additional information. cc: Dave Weaver Cam Griffin Brad Arrowood 96 P c ,.~.,. _ 4 ~~-~ ,..:,. ~. Inv97w8s1 ~~ ~ ~ ~ Budget Amendment ~. WATER & SEWER DISTRICT i DEPARTMENT BUDGET A1fENDY1ENT.# DATE Water & Sewer Engineering 98-0064 11-17-97 ', ADJUSTiViENT DEBIT CREDIT Water & Sewer EnQineerin~ Salaries & Wages S 4,91 Administrative Reserve S 14,209 ' Motor Vehicle Purchases $16,800 Fuel & Supplies S 2,000 ~. , ~, ' E.l'PLANATION t To transfer funds for purchase of truck and related operating expenses for the new Water. & Sewer Operator position: Other personnel changes will be absorbed in tl~e existing budget. GDUNTY ~~MC A>;'E~'ROV R~~r~n l~~l~~~~ ~~~~ For Budget officer's approval; then report to Commissioners at neat regular meeting J and enter in minutes. To be approved by Com s~ncrs. To be entered into minut . 98 Tlzis page intentionally left blank ,. i 1 1 1 1 1 1 1 1 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COivI1vIISSIONERS ' NOVEMBER 17, 1997 ITEMS OF BUSINESS ~ PAGE NO. 1.: .Approval of Minutes 101 2. Approval of release of value 103 3. Approval of New Hanover County and New Hanover County 10~ Fire District Collection Reports 4. Approval of Budget Amendments: A. #98-0063 to budget a contribution from CP&L for the January 108 . nuclear drill expenses B. #98-21 to budget transfer from fund 700 that was approved ~ 109 as part of the 97-98 budget ordinance 99 Tlzis page intentionally left blank 100 -~ ~ ~ ~. REQUEST FOR BOARD ACTION i Meeting Date: 11/17/97 ~. Regular Item #; Consent Item #: 1 Additional Item #: Department: Governing Body Presenter: Pa a Count In A enda Packa e: Contact: Lucie Harrell ~, SUB.IECT: Approval of Minutes ' i BRIEF SUMMARY- . Approval of Minutes for the following .meeting. ' ;~ _ November 3, 1997 ~. ~' ,r . . RF;CONtMENDFD M TiON AND RF(~,IFSTFD ACTIONS- FUNnIN . SOURCE- . ~' Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Pre ared: REViE~VED BY: LGL:. FIN: gUp~ HIZ• COUNTY MAMA .FR' COMMENTS AND R ~ OI~IMFNDATION~ ~, Approve minutes. couN~r co~r~~ssto~u~s ~~ APPROVED {cy. REJECTED `C7 ~, REMOVE[ Q P45TPaNE©d ~ O Rcfcr to OfTice Vision Bulletin B HEARD D ~nV oard Cor Disposition }~A~~ .-~.lw-~~~i ~ . _ This page intentionally left blank ~~~~~~~ 102 a ~~` .. ,. - REQUEST FOR BOARD ACTION Meeting Date: 11/17/97 Regular Item #: Consent Item #: 2 Additional Item #: Department: Tax Presenter: None Required Pa e Count In A enda Packa e: 2 Contact: Roland Re ister ' SUB.IECT: Release of Values ~` BRIEE M U MARY: ~, ~! ~. R ECOMMENDED MOTION AND RFOUFSTFD ACTIONS• Recommend approval of these releases. ~` ~_ FUNn(NG SOURCF• Federal $: State 5: County S: User Fees S: .Money (s In Current Budget: Mew Appropriation Rcqucst: ~; Bud et Amendment Pre ared: Other S: REVIEWED BY: - ~_ LGL: FIN: BUD: HR• COUNTY MANA .ER' COMMENTS AND RE OMtyiFNDATIONS• Recommend release of values. CaUN71( COMMlSSIOAIq~S - ~ APPROVE© C~ REJ~CTEf3 p i 0 10 3 os ~ ON~ P o MEARD p Rcfcr to OtTice Vision Bulletin Board Cor Disposition DgTE _,_ 1/~/ 7/~7~y~" .r....r UI Consent Agenda Page 2 November 17, 1997 Request the following certification penalty be released as this was the taxpayer's first offense: Simons, Shirley Rouse $ 100.00 Request the following late listing penalties be released as this was the taxpayers' first offense; they certified they made their listing on time; or they listed on time in another county: Circuit City Stores, Inc. # 1608 $ 556.85 Hinderliter, Steve 23.49 LMT' Enterprises, inc. 20.44 Miller Excavating Demolition, Inc. 1,662.50 New China Restaurant, Inc. 58.77 Partitions, Inc. 11.1 1 Redmond, John M. 3.38 Test Full Magazine, Inc. 5.61 Wright, James B. Beverly J. 72.11 Request the following taxpayers be granted the Senior Citizen/Disability Exclusion: (applications and letters explaining late filing available upon request) Brown, Melba G. Wilbur B. Hankins, Wilhelmina Edge Jones, Norma Yarborough, Betty L. S 20,000 20,000 20,000 20,000 Request approval of the following delinquent application for exemption from property tax for the following organization: (application and letter explaining late filing available upon request) Cape Fear Academy R06618-006-017-000 :sw Copy: P. Raynor P. Susie Listing ~~ ~ ~~°~~~1~ ~~~ 104 . .. , . era r t t i 1 1 1 A 1 1 1 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 11/17/97 Regulaz Item #: Consent Item #: 3 Additional Item #: Department: Tax Presenter: None Required Pa a Count In A ends Packa e: 3 Contact: Patricia Ra nor SUBJECT: New Hanover County and New Hanover County Fire District Collection Reports :BRIEF SUMMARY: . ` Collection reports as of October 31, 1997 RECOMMENDED MOTION AND REOUFSTED ACT[ONS• Request approval of these reports. t~~UIYllING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money is In Current Budget: New Appropriation Request: Bud et Amendment Pre aced: ~LGL: FIN: ~ BUD: HR: COUNTY MANAGER'S COMM NTS AND RFCONII~[FNDAT(ON~, , Accept reports. " COUNTY COMMISS{ONERS C/ APPROVED ~ REJECTED C] Pos ~oN~o 0 10 5 ~© v Refer to Office Vision Bulletin Board for Disposition ~A~ .w.~~/.,~~ 7/~ ~~'/'~~ .. ~i CONSENT AGENDA _ DATE:_________ ~I ITEM Y0.______ ~I NEW HANDVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 10/31/97 CURRENT TAX YEAR.- 1997 •A0. VALOREM r -1~239~942:47 56711.28 ~23~095.20- S `1~273~558:55 . _ 9185.99 S 1~274~544.54 . 232 ~ 170.65- r 1~•042~373.89 18.22« MOT02 VEHICLE S ~" - T2 x'775: 71• 541.39.. -. 1~236.08- S ~ 72079.02 JRIGINAL TAX LEVY PER"SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLEGTI~NS TO DATE OUTSTANDING BALANCE PERCENTAGE COLIECTE0 SACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO GATE OUTSTANDING BALANCE PERCENTAGE C0LlECTE0 t 46805.92 1989.13 . 5 ~672.72- S 4,3~122:33~ . 6~331.42- S ~ 36790.91 14.68X • -.. 00 S 72079.02. .,50 ~ 158.7.6- S 21920.26 69.59X« THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1~ 1997. RE~P~CTFULLY SUBMITTED l J - '~., ,~ --. PATRICIA J. RAY.~lOR COLLECTOR OF REVENUE « COMBINED COLLECTION PERCENTAGE - 20.97X ® ~~V(~~~~s ~~ ~'~~~~ 106 a 1 1 1 s ' CONSENT AGENDA GATE : ____~_ ITEM NO:______ NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 10/31/97 CURRENT TAX YEAR - 19.97 .AD VALOREM ... ]RIGINAL TAX LEVY PER SCROLL f 56~737~366:'65 DISCOVERIES RODEO 2~527~107.05.. LESS ABATEMENTS. .41~182.46- TOTAI TAXES CHARGED S 59~223~291.22 ADVE2TISIN~ FEES CHARGED .00 LISTING PENALTIES CHARGED _ _ .45877.99 TOTAL LEVY f 59~269~169.21-. COLLECTIONS TO GATE 9~361~281.59- OUTSTANOING BALANCE ~ S 49~907~887''62 PERC~NT AGE COLLECTED 15.79X« BACK...TAXES r2EAC ESTATE AND PERSONAL PROPERTY CHARGES RODEO f 2~469~667.19 LESS ABATEMENTS 23104.84.. _ 35~860.10- TOTAL TAXES DUE COLLECTIONS TO DATE f 2~456~911:93 448~225.22- OUTSTANpIVG BALANCE f 2~008~686.71 PERCENTAGE COLLECTED 18.24X ..OGT .1 X97 ROOM OCCUPANCY TAX COLLECTIONS °172299:30 PRIVILEGE LICENSE COILECTIONS~~ 534.75 EMS COLLECTIONS .00 MOTOR VEHICLE Y 3~'094~'SS9.`10 19097.32_ -43~362.12- 5 3~070~294:30 .00 .. .. 00 f 3~070~294.-30 _ 2~Q46~620.18- f '1~023~674.12 66.66X« FISCAL ..YTO _ _ • 1~1OT~667.50 13065.25 .00 TOTAL yONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY CITY DF WILMINGTON NRIGHTSVILIE BEACH CAROLINA BEACH ANO KURE BEACH TO. DATE - f1b~756~213.60. THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1~ 1997. RE ECTFUILY SUBMITTED y~ ~~ PATR~CIA J. RA~fIOR `'U C~JLLECTOEt OF REVENUE «` COMBINED COLLECTION PERCENTAGE - C! in ~¢ 4~J~~ 18. 30X ~ ~~~ - ~~ „~- ~~ 107 1°"?' @ `qtr ~~ a [~. i ~ .. Budget Amendment CONSENT AGE NDA DEPARTMENT Emergency Management ADJUSTMENT Emergencv Management Other Contracted Services Departmental Supplies Telephone Training & Travel EXPLANATION To budget a contribution from CP&:L for the January nuclear drill expen COUNTY COMMISSIONERS ~Ppa©vED cam REJECTED ~ REMOVED D p RaSTPONED D 1 0 8 HEARD © ~ ./ DATE ~'./?~ BUDGET AMENDMENT # 98-0063 DEBIT $7,000 DATE I 1-17-97 CREDIT $1,320 $2,20 $1,080 $2,350 For Dudget Officc~s approval; then report to Commissioners at neat regular meeting and enter in minutes. To be approved by Commissioners. To be entered into minutes. - - ~ CONSENT AGENDA B11C~gef Amend•I•I1eI1t ,November 17, 1997 tem B ., ...r \ SY K Z 'C~ s ~~. ..r.a.. iJ:t i.r~ .... ' ~ , , DEPARTMENT: BUDGET AMENDMENT# ~olid Waste Construction 98-21 Capital Project D 7USTMENT • ~~ EB IT Wa to uct'o ',Transfer in (from Fund 700) $1,300,000 Capital Project Expense i. ~~ . ', EXPLANATION DATE• 11-17-97 CREDIT• $1,300,.000 ~. - To budget transfer from fund 700 that was approved as part of the -98 budget ordinance. L/ ~_, COUNTY COMMISSI NE~tS . ,~ APPROVED REJECTED O REMOVED POSTPONED D ~~~ HEARD ~ DATE it /.7 ~17~~~am~ For Budget Officer's apprb.41~ ~n report to Commissioners at nett regular meeting. and cote: to minutes. To be approved by Commissioners. To be entered info minutes. Tlzis page intentionally left blank 110 a-~v~~~~ ~ ~~~~~~~ ~~~~~~~~ ~ ~~~~ ~~A~