HomeMy WebLinkAboutE&R 1992-05-15
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MINUTES OF THE 1991 BOARD OF EQUALIZATION AND REVIEW
MAY 15, 1992
ASSEMBLY
The 1992 Board of Equalization and Review met on Friday, May
15, 1992 at 10:00 o'clock A.M. in the Assembly Room of the New
Hanover County Administration Building, 320 Chestnut Street,
wilmington, North Carolina.
Members present were:
Commissioner Jonathan Barfield, Sr.
Commissioner Fred Retchin
Commissioner william H. Sutton
Vice Chairman Robert G. Greer
Chairman E. L. Mathews, Jr.
Chairman Mathews called the meeting to order and welcomed all
present. The Chairman explained the procedure that the Board would
follow and that the appellants would be informed of the Board's
decision within a week. The Chairman further explained that the
appellants have the right to appeal the decision by the Board of
Equalization and Review with the Property Tax Commission in
Raleigh.
TAX APPEAL - PILOTS RIDGE HOMEOWNERS ASSOCIATION, PARCEL R07900-
001-042-000, 800 PILOTS RIDGE ROAD
Mr. John F. Crossley, President of the Homeowners Association
of Pilots Ridge, spoke concerning the property which is a dedicated
airport strip. He explained that the owner, George Talman, was
unable to sell the runway and gave it to the homeowners association
with the agreement that the transfer expense and last year's taxes
be paid for by the association.
In support of his opinion that the fair market value should be
$20,000, he quoted tax laws that stated property must be appraised
at "true value in money" and based "on the uses to which the
property is adapted and which is capable of being used." He
concluded that the airstrip had no commercial value but was only of
value to the 20 adjoining property owners. He also quoted tax laws
that say when a residential subdivision's assessed value includes
a common area, the common area cannot be assessed again. Mr.
Crossley considered that each property owner was assessed for the
value of the airstrip in the individual tax evaluation.
Tax Appraisal Supervisor Jim Bethune responded that tax laws
require the value of asphalt to be included in the cost approach to
value. He concluded that on the market the runway may not have any
value, but as an enhancement to the owners it does have the value
of the asphalt. He also recommended another option for the Board
to consider is to assess the value of $6,000 per lot for the
airstrip.
Motion:
At the conclusion of the hearings on this date,
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MINUTES OF BOARD OF EQUALIZATION AND REVIEW, MAY 15, 1992
Commissioner Retchin MOVED, SECONDED by Commissioner Barfield, to
assess the value of the runway to each of the twenty lots by $3,000
each. Upon vote, the MOTION CARRIED UNANIMOUSLY.
TAX APPEAL - JOHN T. AND ANN MARIE JOHNSEN, PARCEL ROS40S-018-001-
000, 113 NUN STREET
Mr. and Mrs. Johnsen were not in attendance to present their
appeal. Tax Appraisal Supervisor Jim Bethune presented the case
explaining that Mr. and Mrs. Johnsen objected to the assessed value
of the property saying that it was not equitable to other
properties in the historic district. Mr. Bethune reported that in
reviewing sales and assessments of similar property in the
neighborhood, the appellants' property is assessed at or below the
actual market value as other properties and the other properties
were not the quality of construction as the Johnsen's property.
Motion: At the conclusion of the hearings on this date,
Commissioner Retchin MOVED, SECONDED by Vice Chairman Greer, to
uphold the appraised value of $261,191 as recommended by the Tax
Appraisal Supervisor. Upon vote, the MOTION CARRIED UNANIMOUSLY.
TAX APPEAL HEATCRAFT, INC., PARCEL R06500-007-010-000, 602
SUNNYVALE DRIVE
Mr. Noel Crume of Lennox International, Dallas, Texas, spoke
concerning the industrial facility located on Sunnyvale Drive.
This plant was closed on March 31, 1991. He said the marketability
of the property is hindered due to contamination of TCE
(trichloratethylene) found on the site and functional and exterior
obsolescence of the facility. He considered these problems should
decrease the assessed value of the property.
Mr. Crume stated the contamination was created by Snyder
General, but the responsibility for the cleanup, which is estimated
at $500,000, will be with Lennox. He said Lennox has already spent
$99,000 in order to close the facility in accordance with
requirements of State law. CRS will determine if and the extent of
contamination of the ground water. The property will be listed for
$1.9 million although it has been appraised at $1.6 million.
Tax Appraisal Supervisor Jim Bethune spoke saying the company
closed the plant for economic reasons. The property was purchased
in 1988 for $4,400,000. Although Mr. Crume said the property will
be listed for $1.9 million, it is not on the market at the present
time. If the property is assessed with an extensive cleanup in
future years, the company will be able to come back before the
Board and ask for a reduction based on the cost of the cleanup.
Mr. Bethune reported that because of the contamination and leaking
roof, the assessed value was reduced from $4,679,011 to $3,644,835.
Motion: At the conclusion of the hearings on this date,
Commissioner Retchin MOVED, SECONDED by Commissioner Barfield, to
uphold the assessed value of $3,644,835 as recommended by the Tax
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MINUTES OF BOARD OF EQUALIZATION AND REVIEW, MAY 15, 1992
Appraisal Supervisor. Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barfield
Commissioner Retchin
Commissioner Sutton
Chairman Mathews
voting Nay: Vice Chairman Greer
Commissioner Sutton requested
appellant of the Board's decision, to
the decision was based on standards and
1, 1991.
TAX APPEAL - THOMAS HENRY BROWN, PARCEL R05407-040-003-000, 2136
WRIGHTSVILLE AVENUE
Mr. Thomas Henry Brown explained that he purchased the
property in 1972 for $6,000. In 1973, he erected a $20,000 metal
building and established his radiator service business. The
building now needs a new roof; it has water damage in the
insulation; and there is severe rust deterioration inside of the
metal building which is caused from the effects of chemicals used
in the business.
that upon notifying the
also inform Mr. Crume that
rules adopted as of January
Tax Appraisal Supervisor Jim Bethune spoke regarding the sale
of similar property that sold for $64,000, which supports the
assessed value of $63,588. Mr. Bethune reported that an appraiser
did not inspect the interior of the building. Mr. Register stated
that in the future, an appraiser will be sent to inspect the
interior of any property under appeal.
Motion: At the conclusion of the hearings on this date,
Commissioner Barfield MOVED, SECONDED by Commissioner Retchin, to
reduce the assessed value of the building on the property by
$10,000. Upon vote, the MOTION CARRIED UNANIMOUSLY.
TAX APPEALS - PARCEL #1: SAND RIDGE ASSOCIATES, LTD. (SAND RIDGE
APARTMENTS), PARCEL R06019-001-003-000, 1222 HARBOUR DRIVE AND
PARCEL #2: WEST CARY INVESTMENT ASSOCIATES (SAND RIDGE
APARTMENTS), PARCEL R06018-004-036-004, HARBOUR DRIVE
Mr. Tedd Beck, Real Estate Analyst of Summit Realty Group,
spoke concerning his assessment of the property's fair market value
of $2,265,084 is based on figures obtained by using the income
approach to valuation. He also considered recent sales of Mill
Creek Apartments, Creek Apartments and Forest Hills Apartments as
comparable property and support for a reduction in the valuation.
Mr. Carrol Mason, owner and developer of Sand Ridge
Apartments, spoke concerning Phase II of the project. He believed
the property should be assessed at the land value of $400,000,
since the buildings were partially completed and were producing no
income.
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MINUTES OF BOARD OF EQUALIZATION AND REVIEW, MAY 15, 1992
Tax Appraisal Supervisor Jim Bethune responded that the very
attractive apartments of Phase I are well maintained and
landscaped, and the cost approach to value is reasonable. He said
the appellant's income approach to value was not allowable because
the expense ratio was unusually high. If the income was reduced by
a normal rate of expense, the income approach valuation would be
close to the assessed tax value.
Mr. Bethune said the sales of the apartments mentioned by Mr.
Beck were not comparable sales because the Mill Creek Apartments
were purchased out of foreclosure and both the Creek and Forest
Hills Apartments are much older projects.
Tax Administrator Roland Register commented that the General
Statutes require the assessor to value property under construction
at its percentage of completion. The property was reassessed based
on completion of the construction for 1992.
Motion: At the conclusion of the hearings on this date,
Commissioner Sutton MOVED, SECONDED by Chairman Mathews, to uphold
the assessed values to both parcels as recommended by the Tax
Appraisal Supervisor. Upon vote, the MOTION CARRIED UNANIMOUSLY.
TAX APPEAL - w. R. KOBERGER, R06216-004-009-000, 841 SHINN POINT
ROAD
Mr. W. R. Koberger asked the Board to give consideration of
equal assessment to his property located in Shinn Point
Subdivision. He compared his property with the property owned by
Dr. Creighton and calculated that per square foot his property was
assessed at a greater valuation. Mr. and Mrs. Koberger complained
of problems with the interior of the house, specifically a leaking
roof.
Tax Appraisal Supervisor Jim Bethune explained that the
calculations on a square foot basis used by Mr. Koberger were on
property that is much larger, whereas lots in Shinn Point are sold
based on the location, not by square footage. Mr. Koberger' s
property was priced the same as his neighbor's lot and building
based on our adopted schedule of values. Mr. Bethune recommended
the tax assessment of $249,267 to be a reasonable estimate of a
very attractive home on a deep water canal.
Motion: At the conclusion of the hearings on this date,
Commissioner Retchin MOVED to uphold the assessed value pending
review by a tax appraiser's evaluation of the interior of the home.
The motion died without a second.
Commissioner Barfield then MOVED, SECONDED by Chairman
Mathews, to uphold the assessed value of $249,267 as recommended by
the Tax Appraisal Supervisor. Commissioner Barfield explained that
Mr. Koberger would surely make any repairs needed to his home;
therefore, the value should not change. Upon vote, the MOTION
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MINUTES OF BOARD OF EQUALIZATION AND REVIEW, MAY 15, 1992
CARRIED UNANIMOUSLY.
TAX APPEALS - JACK A. SNEEDEN CORPORATION, K-MART STORE NO. 3116,
PARCEL R05515-004-003-000, 815 SOUTH COLLEGE ROAD
Mr. Terry Hughes of Marvin F. Poer and Company, representing
Jack Sneeden Corporation, owner of the property leased by the K-
Mart Store, spoke regarding the appeal. He explained that the
owner receives income of $240,000 from a long term, land lease with
K-Mart. The adjoining building of 2,400 square feet has been
vacant for 2 years. Mr. Hughes requested a reduction in the
assessed value to $3,087,364, based on the proforma market analysis
approach to value less calculation for the rent loss.
Tax Appraisal Supervisor Jim Bethune responded that based on
the sales analysis presented by Mr. Hughes, the assessment on this
lot is much lower than the market value. Mr. Bethune reported that
while reviewing the appellant's information, he noted a discrepancy
on the measurement of the property. The property was remeasured
and found to be 95,840 square feet in size; therefore, the value
was adjusted to $4,251,697.
Motion: At the conclusion of the hearings on this date,
Commissioner Retchin MOVED, SECONDED by Vice Chairman Greer, to
uphold the corrected value of $4,241,697 as recommended by the Tax
Appraisal Supervisor. Upon vote, the MOTION CARRIED UNANIMOUSLY.
TAX APPEAL - JUNIOR ORDER CORPORATION OF WILMINGTON, PARCEL R06207-
014-001-000, 235 PEIFFER AVENUE
Mr. James Wolfe, Financial and Recording Secretary for the
Junior Order Corporation of Wilmington, spoke regarding the use of
building on the property. The fraternity, organized in 1853,
supports the American Children's Home in Lexington, NC. The Order
purchased the property in December, 1991, from the Bradley Creek
Homemakers Extension Club for the purpose of having their two
monthly meetings. The Junior Order purchased the property for
$39,875 and considered this amount to be the true value. The
interior of the building was in bad repair from a previous fire.
Motion: At the conclusion of the hearings on this date, Vice
Chairman Greer MOVED, SECONDED by Commissioner Barfield, to reduce
the assessed value to $40,000 based on the purchase price in
December 1991.
Commissioner Retchin MOVED to reduce the assessed value on the
building by $8,706 due to its poor condition and that the assessed
value of the land should be upheld.
Commissioner Sutton said as a compromise he would MOVE to
assess the value at $45,000.
In discussion, the Commissioners agreed that the fair market
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MINUTES OF BOARD OF EQUALIZATION AND REVIEW, MAY 15, 1992
value should be based on the amount of the purchase and should not
include any improvements such as the air conditioning. Upon vote
on the motion made by Vice Chairman Greer to reduce the assessed
value to $40,000.00, the MOTION CARRIED UNANIMOUSLY. It was stated
that improvements would be reappraised for 1993.
ADJOURNMENT
There being no additional appeals, Chairman Mathews thanked
Mr. Register and Mr. Bethune for an outstanding job in working with
the appellants and for giving the Commissioners the appropriate
support documentation needed.
Chairman Mathews then adjourned the Board of Equalization and
Review meeting at 12:35 p.m. and convened as the Board of
Commissioners.
RESOLUTION IN SUPPORT OF THE AIR CARGO GLOBAL TRANSPARK TO BE
LOCATED IN EASTERN NORTH CAROLINA IN LENOIR COUNTY
Motion: Commissioner Sutton MOVED, SECONDED by Commissioner
Retchin, to adopt a resolution in support of the Air Cargo Global
Transpark to be located in Lenoir County. In discussion the Board
considered the proposal by the Town of Kinston to be in the best
interest of eastern North Carolina, and especially beneficial to
the State Port located in Wilmington. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF LETTER OF RECOMMENDATION IN SUPPORT OF FEDERAL GRANT
APPLICATION FOR THE NEW HANOVER COMMUNITY HEALTH CENTER, INC.
Chairman Mathews presented a request by Thomas Wright of the
New Hanover Community Health Center, Inc. for the Board to write a
letter of recommendation to the Federal Public Health Service in
support of a grant application for the Center.
Motion: Commissioner Sutton MOVED, SECONDED by Vice Chairman
Greer, to approve writing a letter of recommendation in support of
grant application. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
Commissioner Retchin MOVED, SECONDED BY Commissioner Barfield,
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Mathews adjourned the meeting at 12:40 P.M.
Respectfully submitted,
J~P~
Teresa P. Elmore
Deputy Clerk to the Board
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