1959-06-01 Regular Meeting?39.
4Ji lmington, N. C. .lu.ne 1, 1;'S9
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ASSEMBLY -
The regular semimonthly meeLing of the New Hanover County Board of Commission-
ers was held this day in the Commissionerst Room of the Court House at 9:00 A. M. PRESEA?T:
Vice Chairman Peter H. Braak, Commissioners L. E. Broadhurst; J. M. Hall, Jr. and Berry
A. Williams; County Auditor T. D. Love. Chairrnan J. E. Holton, Jr, and County Attorney
John Bright Hi11 were absent from the meeting due to illness and hospital confinement.
INVOCATION -
Vice Chairman Peter H. Braak called the meetirig to order and asked Reverend B.
H. Baskerville, Pastor of the Chestnut Presbyterian Church, to open the meeting with a
prayer for guidance.
APPROVAL OF THE MINUTES -
The minutes of the last regular semimonthly meeting, held on May 18th; were un-
animously approved upon motion of Mr. Broadhurst, seconded by Mr. Hali.
WELFARE LIENS - C. D. Hogue, Jr., Attorney for the Consolidated Board of Education, informed
the Board that in searching the title for the purchase of property to enlarge the James
B. Dudley School; he found that one of the parcels located in Block #295 and Parts of
Lots 5 and 6 was listed in the name of Huhlken and that the Public Welfare Department had
a Lien totaling $2,286.00 recorded against J. G. Kuhlken amounting to $720.00 and Bertha .
Kuhlken amounting-to $1566.00. He has not definitely determined that this piece oz pro-
perty is the only one listed for the Kuhlkens but they are willing to pay $450.00 for that
property. He also stated that back tax on the property amounted to $55•33• By common
consent of the Board, the matter was referred to the Executive Secretary, Superintendent
of Public 44elfare Mrs. Sneeden, and Attorney for the Board of Lducation, C. D. Hogue Jr,
for study and recommendation at the neict meeting of the Board on June 15th.
Pursuant to instructions at the meeting of May 18th, the Executive 5ecretary
had Mir. McGirt, the local Property Assessor, to appraise the property at 2119 Gibson Aven-
ue on which the Public Welfare Department has a Lien of $2901.00 advanced to Mary Strick-
land Allen. He reported a valuation of $4,000.00 and recommended that the Lien on the
Property not be reduced as it would bring $3,000.00 easily at a forced sale. This informa-
tion was related to Mrs. Sneeden of the Public Welfare Department.
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CHAMBER OF COMMERCE -
Messrs. L. E. Woodbury, Jr, and P. M. Camak, President and General Manager,
respectively, of the New Hanover County Chamber of Commerce, informed the Board that the
current Sth Annual hl2rket Steck Show and Sale had been very successful. The cost amount-
ed to a total of $2,130.44 er.p,ended as follows: Administrative Expenses, $658.44 and
Avzzrds totaled $1472.00. They explained that since their Budget was based on a calen-
dar year and the Countyts Budget on a fiscal year beginning July 1, it had always been
necessary for then to carry the expenses of this show in the sprina until September or ?
October allowino the County's Budget to be approved and set up. They requested that qyyP?_.?
the County appropriate sufficient funds to reimburse them for this cost. After some dis-
cussion, Mr. Hall offered a motion that this request be approved and that $20130.44 be
appropriated from Unanticipated Funds - State Intanaible Taxes to pay this invoice. This
motion was seconded by Mr. Broadhurst and the Board unanimously approved it.
FREEMQP? BEACH GROIN
Mr. Henry Von Oesen presented the Board with the following tabulation of bids
on the proposed construction at Freeman Beach:
Item I
Contractor Bond/Chec]c
Hanover Co. 5%
E. B. Tokrles 5%
C. M. Hefelfinger 5%
Hanover Co. 5%
E. B. ToUrles 5%
C. M. Hefelfinger 5%
Itern I
Mat Type Stone
150 Tons Amt.
Unit Price.$8.00 $1,200.00
" " 14.00 21100.00
it 13.89 2,083.50
Item III
Face Type Stone
300 tons Amt,
Unit Price 15.90 $4,770.00
it It 19.50 5,850.00
Item II
Core Type Stone
154 Ton Amt.
Un4t Price ?11.90 $1,785.00
,i It 16.75 2,512.50
« ,t 16.67 2,500.50
Totai
$7,755.00
io,462.50.
" " 19.41E 5,832.00 10,416.00•
Certificate: I certify that the above is a
true and correct tabulation of
the proposals submitted for the
project shown.
/5/ Henrv Von Oesen
He furthe^ explained that the lowest bid was about $1,000.00 to $1500.00 in excesS of his
estimate df what it should be but that he had made an investigation and found that the
price of stone had m2terially increased recently and in addition the contractor had in-
cluded $500.00 for the construction of a road and if the County would provide the road
that amount could be deducted. He further explained that groins were not a cure-all for
beach erosion but that they did tend to retard the literal drift. AL this particular
beach it is being starved because the literal drift does not cross the inlet channel and
therefore, there is no way to replenish the beach except artificially, which he recommends.
He further informed the Board that he had heard indirectly that the supplemental re-
qu¢st for Federal Funds had been tentatively approved for approximately $41,000.00.
Continued-
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Minutes of the Meeting June 1, 1959 (Continued)
FREEMAPI BEACH GROIN - (Continued)
In view of this uncertainty, Mr. Hall offered a motion that the decision on
this matter be deferred until the next regular meetinq at which time complete details
would be available. It was seconded by Mr. Williams and unanimously approved.
EROSION TAX - •
Commissioner Williams informed the Board that it raas his understanding that
a Bill had been recently introduced in the General Assembly authorizing the 5tate to
appropriate up to $150,000.00 for beach erosion in conjunction with local and federal
participation. In his opinion, it would be fine for the County Commissioners to go on
record requesting our Legislators to introduce a Bill authorizing the County Commission-
ers at their discretion to levy a tax not to exceed 5e per $100.00 valuation which would
alloi-r the County to fulfill its obligation for its share of local participation. He
observed that one of our Legislators had already drawn such a Bill on a permissive basis
and offered a motion that the Board ask him to introduce it for passage at the present
session ok the General Assembly. This motion was seconded by Mx. Hall and when the votes
were castAUere in the affirmative except Mr. Broadhurst, who voted negatively.
TAXES QUESTIONED - ' '
Mr. Grover C. Bordeaux requested that taxes amounting to $325.44 charged aaainst
his property in 1957, knorm as the Boys Brigade, be abated as he did not consider them I
just. He further explained that the property had been sold to an individual, who was op-
erating it at tax listing time but, who, it proved out later, was operating it illegally
and it was,padlocked by the Sheriff on order of the Court. It then bec2me necessary
for him to foreclose his claim on the individuai and he did not feel he shouid be called
on to pay for that year as the tax included personal properties of the individual who was
operating it: , The County Tax Supervisor was of the opinion that nothing could be done
about it legally. Mr. Broadhurst offered a motion, which was seconded by Mr. Hall, that
the matter be referred to the County Attorney and the Tax Collector for study and recom-
mendation. This motion was unanimously approved.
CORONERS' SALARY -
Coroner W. Gordon Doran Jr. reminded the Board that he had talked with each of
them individually about the increase in salary'of the Coroner since he was on duty 2LL. hours
a day and represented the hiahest constitutional office in the County. He is aware that
it would require legislative action and suggested a recommendation of $300.00 per menth
plus $15.00 per month car expense as a just and equitable compensation. He stated that
he was sure that he saved the County over,and above the amount of the increase he recom-
mended. After some discussion, Mr. Williams offered a motion that our Ftepresentatives
to the General Assembly be asked to draw and introduce a Bill authorizing the Commission-
er to set,the Coroner?s salary in New Hanover County, This motion was seconded by Mr.
Hall, and unanimously adopted. , .
PARKING PRIVILEGE
A7r.H.Winfield Smith, Judge of Recorders Court, stated through the Executive
Secretary, that many times he was unable to park in the Court House parking area and re-
quested that they mark off and designate a parking space for his official car. After
some discvssion, the Board,by common consent, agreed to take the matter under study.
SCHOOL CROSSING GUARDS -
Letters of commendation were received from the Parent Teachers Association
and Principals of three elementary schools for the service of school crossing guards dur-
ing the past year and requested the continuation for the 1959-60 school year. By com-
? mon consent, the Board agreed to consider this matter further at the Budget delibera-
tions next month.
SCHLOSS PROPERTY VALUATION -
A letter was received from the Schloss Estate Corporation informing the Board
that they had received a token reduction in the assessment of property owned by them at
• Wrightsville Beach as a result of a Hearing before the State Board of Assessments. They
? requested a complete review of all their Wrightsville Beach property assessments. By
???i?? • common consent, the Board instructed the Eicecutive Secretary to answer their request and
inform them that the matter could be examined when they next sit as a Board of Equali2a-
tion and Review which will be held on the llth Monday followinq the first day of January
1960.
? BEER AND WINE PERMITS -
?Notice was received from the North Carolina Board of Alcoholic Control that
the following•persons have made application for beer and wine permits:
Joseph Paul Parrish Box" 103, Carolina Beach, N. C.
Edward Leroy Scott 913,Orange St., Wilmington, N. C. ,
David Ester Hooker Kure Beach, N. C.
There Being no objections by any of the Commissioners, Mr. Broadhurst moved, seconded
by Mr. Williams, that the requests be approved and referred to the Sheriff's Department
for disposition. The motion unanimously earried.
AiRPORT GROUND TRAlUSPORTATION -
C f „ The Executive Secretary informed the Board that in their actions of November
24th and December 1, 1958, they had renewed a contract for the transportation of the
M air passengers to and from the Airpo:t and that the renevaal would expire July 1, 1959.
P.fter some discussion of the advisability of making a change, Mr. Broadhurst offered a
motion that the matter be referred tb the Airport Committee for study and recommenda-
tion. As there tqas no second to his motion, Mr. Hall moved that the present contract
be renewed for 2 year as there had been no compiaints and the service seemed to be very
satisfactory. Mr. Broadhurst seconded the motion and the Board unanimously arreed to
let the service remain as is.
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441
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Minutes of the Meeting June 1, 1959 Continued
RURAL REDEVELOPI?iENT. -
A letter was received from Prentiss M. Brown, Chairman.of the Area Employment
Expansion Corrir;ittee, informing the Board that New Hanover County would be a recipient of
the benefits provided under the Area Redevelopment Biil ,X 722. He stated that the Senate
had passed the Bill and the House cf Representatives wOllld shortly vote on it. He urg-
ed the Commissioners to give this Bill the closest study and write or call our Con'gress-
man, asking his support on the measure. If it is passed, our Connty would be eligible
for technical ass?stance, grants and loans for public facilities, loans for ind.ustrial
and corimercial structures for le2sing to companies wishing to locate in our County, funds
for vocational training and subsistence grants to ±rainees for the period of training. C,
The leeislation tifill supplement the current rural development activities, particularly
for off-farm employments. After the Vice Chairman had read the report, Nr. Hall offer- "`
ed a rnotion, seconded by Mr. Broadhurst, that the Executive Secretary be•instructed to ??
LJ*lt8 our Congressman and ask him to support this measure. It U!as unanimously apProvec3.
HOSPITAL COSTS -
County Auditor T. D. Love informed the Board that they were paying $16.30 per ,p
day at the James Walker Memorial Hospital for indigent patients and the hospitalization
bills would approxinate $10,000.00 more than was budgeted for this purpose. He has in hand for payment bills amounting to $3,237.00 and stated that he was merely calling their
attention to the matter today for their information. No action was required or taker, on
this subject.
IA?TEREST PENALTY ABATEMENT - _,7,?
Nr. T. D. Love, Tax Supervisor, informed the Board that he had discovered the
follotiaing properties double listed and the t2xes paid twice and requested approval for
abatement of these taxes, The Board, by cor,unon consent, approved the abatement of double
listed taxes beginning with #2666 throuah #2693 provided that it was properly recorded in
the minntes. Refund Refund
No. NAME VALUAION 1958 1957 1956 1955 PRIOR CITY Checksnty Checksy
2666 Isabei C. Thonpson Pen, 2.40
R. T. Chestnut
67 Coastal Office Egnip.10,14.05.00 - 119.66
Bloodvaorth ""'
68 C. R. Davis
69 A?ell B. Inaram - PoTl 2.00
70 M. L. YJinner , 5.88
B. L. vJinner
71 N. L. Winner
B. L. .l'Jinner
72 Laban B. Austin 3,000.00
73 Catherine P. Cromartie
74 E. B. Niorse 2,500.00
Pen.
1.51F 1.54
2.64 2.64
1.02
33:0°0°
1.54 23.36 34.46 26.98
2.64 15.82 23.74
Clarence Young
75 Sandy Daniels .30 .30 Pen 1.00
Fred@ie ,riregory
76- Signey J. Cullingham
_ John H. Bradshaw 5.10
77 Jack Flannagan 2,250.00 29.70 29.70 29.70 56.93
W. R. Brown
78 .luanita Lo£tin 2,150.00 28.38 28•38 28.38 54.1+0
James W. Crarret
79 C. J. Annaret 100.00 2.20 2.00
SO-- George Roberts 1.20 1.20
George Robert L^Jood
81 V. C. Sivicegood 1.12 1.12 1.12 1.12
T. E. Hall
82 L. W. Worshaw 4, 100.00 S?-. 12 54.12 51E•53
D. C. Smith 11.22 11.22 36.85
83 R. E. Bell •
Vernon Whitehurst
84 Mary J. Boyles
85 W. H. Siviggart 8,700.00 104,4p
Eli2abeth O, Parker Pen. 10.44
86 R. C. Threatt
Ocean Motor Sales 6,200.00 74.40
87 James H. Hobbs 1,700.00 22.44
W. J. Millis '
88 M. W. McIntire
Maye M. 1•lilliamson 2,125.00 27.55
89 Marx J. Neuwirth. eL al Po12 2.00
90 V. A. stefano 1,400.00 10.48 70.07
91 Mrs. Florence Southerl and
92 Mrs, Carrie E. Helbig (},03 4 o8
93 C. W. Mishoe
24. 00 41F. 00
1.'70
34.50
,
194. 40
124.00
37.40
46.75
1.00
2.12
/5/ T. D. Love, Tax Supervisor
He further' 'ih'fosmed- tRe Board that- th'e Southsidt 'Ba.pt3st Chu"rch: and the Ca'ther-
ine'Kennedy Ho'me', th"rou?gh'a=misunderst'and?ing, ha6 allowed pefladti'es and: interest to accrue
on "tKeirl proper,ti.es. They `are'willing..to ;pay bhe 'tax. but,•undes the ci.rcumstance?'s-?feel
tha't the?:penairty attd in-tecest..'shoul'd be-ab'ated. Upon motion oY' ?Mr.-Wil1'irams; ;s!econded. by
Mr. Hal l', :# 2694• Southsirde Baptis.t...Chu.rch :and #2695 Catherd'ne? Henne.dy Home Weir:e unaniqnous-
ly exempted from penalties and interest. r
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Minutes of the Meeting June 1, 1959 Continued
/ SEPdCBA -
? Mrs. Alice Strickland, Executive Secretary of the South Eastern North Carolina
? Beach Association, informed the Board that House Bill #1079 creating a State Commercial
p?yyi? Fisheries Commission was sc}ieduled for a public hearing in the office of the Conserva-
tion and Development Board at 9:30 A. M. on Wednesday, June 3rd, 1959• As this area
supports both sport and commercial fishing it is felt that since the Bill stipulated that
i not less than six of its members must be commercial fishermen, such a Commission could
e inimical to the interest of this area and she requested the Board to intercede through
telephone or telegram with Hon. Frank W. Snepp, Chairman of the Committee on State Gov-
ernment, in opposition to this Bill. Upon motion of Mr. Williams, seconded by Nr. Broad-
hurst, the Board unanimously approved her request to oppose this Bill by sending a
te-legram today •and authorizing the Chairman to appoint a representative to appear
at the Hearing, UJednesday and make a verbal plea against i,t-.
COUNTY:; HF.laLTH OFFICER -_ ,
Pursuant to a request of the Board at their meeting of A4ay 18th, County Attor-
ney John Bright Hiil submitted the foilowing opinion regarding the demarkation of author-
ity between the New Hanover County Commissioners and the Consolidated Board of Health.
"Question: Do the County Commissioners of New Hanover County have authority to
order Dr. Davis, the He21th Officer to attend the m2dical needs of inmates at
the County Home?
r" Answer: No, but the County Board of Health does have this authority.
AUTHORITY:
Chapter 62 of the 1911 Session I.aws of North Caroinba amended the exist-
ing law and set up and prescribed duties for the State Board of Health, the
County Boards of Health, the County Superintendent, Municipal Health Officer,
Quarantine Officers, etc; One of the prescribed duties of the County Superin-
tendent of Health was to render professional service to the sick inmates of the
convict camp, Jail and County Home upon the request of the Superintendent or
the keeper of these institutions, to make monthly inspections and reports to
the Chairman of the County Commissioners...etc., (Section II of Chapter 62,
1911 Session Laws). The County Boards of Health were delegated the responsi-
bility for the heaith interests of their County (Section 9 of Chapter 62,
1911 Session Laws.) '
By Chapter 316 of the Public-Local Laws of 1913, the Health Departments
of the City of Udilmington and the County of New Hanover were consolidated. The
County Board of Health was to be elected and constituted under the General Act
but the County Board of Health was given authority to " elect a superintend'ent
and such assistants, officers or servants as they sHail deem necessary..'.. and
to prescribe the duties of such officers, servants, and helpers so appointed
an.d elected, fix their salaries and compensation and pass ail necessary rules,
regulations, and acts with reference thereto (S'ections 2 and 3 of Chapter
316 of Public Local Laws of 1913.) Violation of any rule or regulation of the
County Board of Health was punishable as a misdemeanor and the guilty person
was to be fined not more than $50.00 or imprisoned not more than 30 days, (Sec-
tien 10, Supra) Although Article II, Section 29 of the North Carolina Consti-
tution states "The General Assembly sha11 not pass any local, private or special
act or resolution relating to health, sanitation and the abatemer.ts of nuisances"
:
?'his section of the Constitution was adopted in the general election of 1916
and manifestly has no application to local, private or special acts relating to
health enacted by the Legislature, prior to 1916.(Board of Managers V. Wilmington
237 N. C. 179, 1953)
Thus, so far, we see that the Consolidated Health Department of tdilmington
and Pdew Hanover is set up by a Local Act, not a General Act and appears consti-
tutional.
Next, Chapter 62 of the 1911 Session Laws has been amended several times,
as recentiy as 1957• (For references see Voi. 3 B General Statutes recompiled
1952 at G. S. 130-18 to 130-29, 1957 Cumulative Supplement at G.S. 130-13 to
G. S. 130- to 23; also Vol. 3 B General Statutes recompiled 1958 at G.S. 130-13
to 130-23.
These statutes modify the law with respect to the organization of County
Boards of Health but then provides that "Those Counties which now have special
City-County Boards of Health, as authorized by any priyate, local or public-
local act of the General Assembly... shall be exempted from the terms of this
section unless the special city-county Board of Health shall vote by a tt.to-thirds
majority of all members to dissoive said special Board of Health and shall so
notify the State Health Officer in writing in which event the provisions of this
paragraph shali apply",. (1952 recompi2ed Statutes G. S. 130-1Et, Cumulative
Supplemer..t 1957 G. S. 130-13 1958 recompiled statutes G. S. 130-13.)
I have not examined all of the minutes of the meetings of the County Board
of Health but I do not believe that they have ever elected to dissolve the spec-
ial Board of Health and come under the general act. 1952 G. S. 130-21 states
that the "County Health Officer shall perform the duties of County Physician ,
Quarantine Officer...etc." and 1952 G. S. 130-23 states that the "County Physi-
cian shall render professionai service to sick inmates of the convict camp,
Jail and County Home". In 1957 the above statutory provisions were deleted.
The 1957 law did state "The Board of County Commissioners shall prescribe the
,:duties not inconsistent oaith law, the cour.ty physician is to perform". G.S 130-23,
1957• It is not the intent of the Legislature to give two separate units of
County government the same power. Since the County Board of Health has the res-
ponsibility to protect the health interests of the County and the authority to
prescribe the duties of the superintendent of health, it is the proper party to
direct Dr. Davis to 2ttend to the medical needs of inmates at the County Home.
s
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/S/ John Bripht Hi11
County Attorney
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Minutes of the Meeting June lst, 1959 Continued
COUNTY HEALTH OFFICER - (Continued)
Chapter 316 of the 1913 Sess,ion supporting the opinion of County Attorr.ey John
Bright 74i71 is herein transcribed:
SE55IOIv I913
CHAPTER 316
AUBLIC LOCAL LFIUJS
NORTH CAROLINA
AN ACT TO CONSOLIDATE THE HEFaLTH DEPRRTMENTS
OF
CITY OF bJILMINGTON AND THE COUPITY OF NElnl HANOVER
THE GENERAL ASSEN?BLY OF NORTH CAROLINA DO ENACT:
SECTION 1. That the Board of Health of New Hanover County, as constituted
and elected vnder and by virtue of chapter sixty-two of the Public Lat,rs of one
thousand nine hundred and eleven, be and they are hereby empowered to control,
and are invested with the immediate care and responsibility oF the health and
sanitary intereSts and conditions of said county, including the city of Wilming-
ton and the town of 14rightsville Beach, and the due enforcement of all laws
with reference thereto.
SECTION 2. That the said County Board of Health shall be elected and cons-
tituted as prescribed by section'nine of chapter sixty-trro of the Public Laws
of one thousand nine hundred and eleven, and all duties and powers imposed by
law upon the council of the city of Wilmington, with reference to the health
and sanitary conditions of said city, are hereby transferred to and invested
in said County Board of Health.
SECTIGN 3. That the said County Board of Health shail, as hereinafter set
forth, elect a superintendent of health and such assistants, officers and ser-
vants as they shall deem necessary for the enforcement of all health and sani-
tary laws within said county, including the city of Wilrnington and the town
of Wrightsv311e Beach, and to prescribe the duties of such officers, servants,
and helpers so appointed and elected, fix their salarfes and compensation, and
pass all necessary rules, regulations, and acts with reference thereto.
SECTION 4. That all salaries, fees and expenses necessary and required to
carry out the provisions of this act shall be contributed and paid by the city
of Wilmington and the county of I??ew Hanover in the proportions following, th at
is to say: four-fifths part thereof by the city of Wilmington and one-fifth
?part thereof by the County of New Hanover.
, SECTION 5. That it shall be the duty of said county Board of Health to fur-
, nish to the council of the city of Wilmington and the Board of Commiss•i.oners
. of New Hanover County, on the first Nonday in June of each year, a statement in
detail of all disbursements made by it pursuant to the provisions of this act,
for the twelve months pre c eding, and at the same time to furnish to said
bodies a statement in detail, shoVaing all estimated expenses and requirements
- for the ensuing twelve months, necessary to carry out the requirements and pro-
visions of this act; and it shall be the duty of the said council of the city
of Wilmington and the said Board of Commissioners of.New Hanover County to
thereafter, at the time desionated by 2aw for levying taxes, to make a levy of
all real and personal property sufficient to raise the revenue to meet and pay
its share respectively of said amount so required, and in the event such levy cannot be made by teason of any constitutional or legal limitation, then said
bodies are hereby duly authorized and empowered'to levy a special tax to meet
such requirements or any deficiency of the same: Provided, however, the council
of the city of Wilmington or the Board of Commissioners.of New Hanover County
may reduce the amount asked for it,iri the yudgment of the counci2 or the boar@
if the amount is excessive or that the public needs do not require the expendi-
ture of such an amount.
SECTION 6. That the Board of Commissioners of New Hanover County and the
council of the ?city of Wilmington sha12 on the first day of each month from
and after this act shall become operative deposit or cause to be deposited in
some banking institution in the city of Wilminaton, to be designated by the
said Board of Health of New Hanover County, one-twelfth each of the respective
amounts to be annually paid by each body respectively,_as designated in the
estimate so furnished as set out in article five of this act, which said amount
shall be expended and withdrawn from said banking institution by checks or war-
rants.duly approved by the superintendent of health and signed by the clerk of
said county Board of Health and countersigned by its chairman: Provided, How-
ever in the event the amount so furnished under and by virtue of the estimate
as set out in article five of this act shall be insufficient to meet the require-
ments?of'said Board of Health, then and in that event it shall be the duty of
the said county Board of Health to certify to the Board of Commissioners of New
Hanover County and the council of the city of Wilmington any such deficiency
required,and the purposes for which the same is to be used, and if the same
shall appear to said Commissioners of New Hanover County and the council of the
city of Wilmington to be a necessary expense and requirement, these said
bodies shall appropriate such amount in the same proportion as hereinb."efore
set forth, which said proportions shall be deposited in such banking institu-,
tion to the credit of said County Board of Health when the same is required by
said Board of Health, and such funds so @eposited shall be withdrawn from such.
• banking institution the manner hereinbefore. set forth.
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Minutes of the Meeting June 2, 1959 Continued
COUNTY HEALTH OFFICER - (Continued)
SECTSON 7. The said Board of Health of New Hanover County shall on the _
first Wednesday in Iliay, one thousand nine hundred and thirteen, elect and
appoint all officers, assistants, and helpers necessary to carry out the
provisions of this act, who shall; subject to the provisions as to removal,
hold office until the second N9onday in January, one thousand nine hundred
and fifteen; and said Board at such meeting to be held on said first uJednes-
day in May, one thousand nine hundred and thirteen, shall prescribe the
duties of all such officers, assistants; and helpers, and fix their salaries
and compensation. On the second Monday in January, one thousand nine hun-
dred and fifteen and thereafter on the second P9onday,.of January in the o.dd
years of the calendar, the said Board of Health of New Hanover County shall
elect a superintendent of health, and shall elect and appoint all other
officers, assistants, and helpers required and contemplated by the provis-
ions of this act, all of whom shall hold office for the term of tUro years,
unless removed as hereinafter set forth: Provided, however, said board of
Health shall be and are hereby empowered at any time or times to appoint and
elect any additional officers and helpers as it may deem necessary to carry
out the grovisions of this act, and prescribe their duties, fix-their com-
pensation, and define their term of office and employment: and Provided fur-
ther, that in the event any officer or officers; assistant or assistants,
helper or helpers, shall be removed by said Board of Health, as hereinafter
provided, such vacancy or vacancies so caused by any such removal shall be
forthwith filled by said Board, and any person or persons so appo,inted shall
hold office subject to all the conditions herein set forth.
SECTION 8. All ordinances of the city of Wilmington and rules and re5ula7
Lions of the county Board of Health with reference to the health and sanitary
conditions of said city and county not in conflict with any of the provisions
of this act shall remain in full force and effect, unless amended or repealed
by the county Board of Health, and nothing herein shall be construed to re-
peal or curtail any of the powers, authority, and duty of the Board of Health
of New Hanover County as provided by law, save and except as the same may be
modified and amended by the act.
SECTIOTd °. That the superintendent of health and all other officers and
employees elected and appointed by the said county Board of Health may be re-
moved by said board for eause at any time.
SECTION 10. That any person, firm, or corporation violating any of the
ordinances of the City of,YJilmington and rules and regulations of the county
Board of Health now in force and effect, and any ordinance, rule or regulation
created and made by the county Board oi Health, shall be guilty of a misdemean-
or, and fined not more than fifty dollars or imprisoned not more than thirty
days.
SECTIOI3 11. All laws and clauses of laws in conflict 411tl1 the provisions
of this act are hereby repealed.
SECTION 12. That this act shall be in force and effect from and after May
seventh, one thousand nine hundred and thirteen.
Ratified this the 3rd day of N,arch, A. D. 1913.
After some discussion of the above opinion, Mr. Williams offered a motion
/ that in view of the fact?that Chairman Holtori was in the hospital`and will be unabie
to attend the next meeting of the Consolidated Board of Health to present the request
made by the Commissioners at their meeting on hiay 18th, the Executive Secretary be
instructed to write a letter to the Consolidated Board of Health and request them'to •
direct the County Health Officer; Dr. C. B. Davis to make periodic weekly visits to
/ check and treat the residents of the County Home and Prison Farm arid emergency.calls
to the County Jail. This motion was seconded by Mr. Broadhurst, and unanimously
approved by the Board.
ADJOURNN:ENT -
There being no further business to be presented to the Board for discussion,
Mr. Broadhurst moved adjournment, seconded by I,r. Hall and unanimously adopted.
?
W. G. Houck, Executive Secretary
,