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City, boat operators spar over status of Neuse II
Discussion turns hostile; fire inspector says state has no control
By Lee Raynor
Posted: Friday, November 18, 2005
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Neuse II is registered and has a hull number |
The CSS Neuse II is a ship and does not fall under the jurisdiction of state building codes and fire ordinances.
The fact was made clear during a meeting Friday between city officials and representatives of the boat when Fire Inspector Terry Queen insisted that the first question to be resolved is who has jurisdiction over the boat. |
"I’m going to go ahead and say it," Queen said. "I’ve talked with people. North Carolina does not have anything in the codes that says (it has jurisdiction over a boat)."
Other states have code provisions to cover vessels such as the Neuse II. North Carolina does not, Queen said.
"I don’t think it could really stand up in court," Queen said. "The state of North Carolina doesn’t even inspect the Elizabeth II. I called down there and asked who does the inspections and they said they don’t even have inspections. We can forget about any jurisdiction."
City officials say they worry about the safety of people who tour the Neuse II. They’re also concerned that anyone who is injured could sue the city, although Kinston does not own the boat.
Sampley said he previously told Lee the boat builders would welcome suggestions about safety issues and would follow the suggestions as much as practical. He reminded the group that on a recommendation by Queen, Stapleford is installing two hatches as emergency escapes. All city inspectors are welcome to make recommendations, albeit unofficially, Sampley said.
"We will bend over backward to make sure those recommendations are followed," he said.
Neither Sampley nor Stapleford are willing to admit, however, that the city has official jurisdiction over the boat.
"The boat is registered by the United States Coast guard," shipbuilder Alton Stapleford told the city group. "It is registered as a ship. When it is completed, it will definitely go in the water. That’s my plan."
Stapleford, before his retirement, owned Atlantic Boat Company, a highly successful boat-building business in Kinston. He often built luxury private vessels worth hundreds of thousands of dollars.
Tommy Lee, the city’s inspections and planning department director, said the meeting was arranged to discuss "concerns the city has" and plans for "an educational exhibit" of the CSS Neuse II ironclad replica. The discussion quickly turned rancorous.
"Why should the city of Kinston have anything to do with it," Stapleford asked. "They didn’t have anything to do with it. They sure as hell didn’t give us any money. They pulled our power. That’s the only thing they’ve had to do with it."
A power struggle between Lee and boat operator Ted Sampley has resulted in the shutoff of electricity to the boat and constant attempts by Lee to conduct formal inspections of the Neuse II.
Strong community support for the boat became apparent during the early days of building. Companies and individuals contributed cash and labor toward its completion. As controversy arose over the boat’s future, financial support waned, although the Neuse II has drawn tourists from all parts of the country for tours.
Lee has insisted that the wooden boat is a "structure" and falls under the city’s ban on wood buildings in Kinston’s central fire district where the boat sits. Stapleford and Sampley contend that the Neuse II will be a seaworthy ship when it is completed. The city has no jurisdiction over boats.
The Coast Guard has stringent requirements for boats that carry paying passengers, Stapleford said. If the boat will not be used for hire, those criteria do not apply. The Neuse II will not carry paying passengers, he said, and will be a pleasure craft.
"You can’t charge for people to go on it," Stapleford said. "You can let anybody go on it if they want to go on it for free."
The Coast Guard recognizes the Neuse II as a ship under construction and it is not an "exhibit," as Lee characterizes it, Sampley said. A Coast Guard inspector is scheduled to be in Kinston soon to inspect it.
The original Neuse was built in Seven Springs and weighed 350 tons. It was floated down the Neuse to Kinston where iron was installed on its side to protect it from enemy fire. Later, it was set afire to prevent capture by Union forces.
"This ship has been under construction for two years," Sampley said. "Only when the city wants to muscle somebody around did they come and yank that (electrical) panel out. For two years, you’ve accepted that thing and never once challenged it until it got to be a political issue. … If you’ve got a boat, a ship under construction, the city has no authority over it. It falls under the Coast Guard, if you’re going to put it in the water."
Sampley told Lee that as head of the CSS Neuse Gunboat Association, Lee was competing with the Neuse II for financial support. Lee has used his position in that association and as a member of the board of directors for Pride of Kinston to discriminate against the Neuse II, Sampley told him.
A billboard advertising the Neuse II on U.S. 70 Bypass was taken down recently and a new advertisement went up for the original Neuse.
"If the city really wants to get somewhere with this, you should remove (Lee) from it," Sampley said. "He’s too prejudiced."
Lee did not refute any of Sampley’s accusations.
"What happens … if we choose to hire a house mover and move the ship itself somewhere outside the city’s jurisdiction where we can finish building it in a non-hostile environment, are you-all going to try to oppose it," Sampley asked.
The boat is "unique and an asset to the community," Assistant City Manager Phil Robey said. "It’s something we would like to keep. I think the flexibility we have shown in working with you up to this point is evidence of our feelings on that."
Moving the boat would be the prerogative of the boat’s board of directors, but the city doesn’t want that to happen, Robey said.
The city’s only interest is to ensure that visitors onboard the boat are safe, Lee said, and that can be done best by someone other than Sampley or Stapleford, who has inspected boats for the Coast Guard, making assurances.
Lee said he asked the Coast Guard for proof that the Neuse II was registered and had a hull number. Lee said he was told no such documentation existed. He said the city must be allowed to inspect the boat to ensure that work is being done in accord with state building codes.
Sampley gave Lee a copy of the Coast Guard’s certification on the Neuse II and allowed him to make a copy of it for the city’s records. The certification places the boat under the jurisdiction of the Coast Guard and removes it from city control.
"I think we all have the same goal here," Robey said. "I think it is a unique project. I think it will be an asset to the community. … I think what we have here is an issue of public welfare."
Building inspector Ray Hardee said Sampley visited his office before construction on the boat began. Hardee said he reviewed the plans and told Sampley to "go ahead and build it." Everything was OK until the boat was wired with electricity. State codes says any structure with electrical wiring must have a permit, Hardee said.
"You’re against the law," Hardee said.
"Then all the boats down at the yacht basin are against the law," Stapleford said. "I guarantee you those boats have not been inspected by a city inspector."
"We will never, of our own free will, acknowledge to you, Tommy, … that that is not a boat," Sampley said. "Period. It will fall under the jurisdiction of the people who inspect boats."
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