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06/06/1990 BOH Minutes I I I 35 The New Hanover County Board of Health met on Wednesday, June 6, 1990, at the New Hanover County Health Department, Wilmington, North Carolina. Members Present: John Leonard, DVM, Chairman Don Blake, Vice Chairman Pascal Camak, DDS Michael Goins, OD Julius Howard, RhP Amaryallis Rehder, MA Sheram Robinson Marlene Rosenkoetter, PHD Alan Thomas, MD Catherine Vangellow, MPH Members Absent: None Others Present: Robert S. (Bob) Parker Frances F. De Vane, Recording Secretary New Hanover County Board of Commissioners Lucie F. Harrell, County Clerk Bob Pope, County Attorney Wanda Copley, Assistant County Attorney Dr. Leonard welcomed the New Hanover County Board of Commissioners and called the business meeting to order at 8: 00 A.M. Dr. Marlene Rosenkoetter presented the invocation. Dr. Leonard called for corrections to the minutes of the meetings of May 2 and May 16, 1990. The minutes were approved as presented. Department Focal: Ms. Beth Day, Adult Health/Epidemiology Director, explained that the New Hanover County Commissioners declared Mayas Handwashing Month in New Hanover County. Activities included a campaign enti tIed "Be A Germbuster", video, media coverage, badges, billboards and a puppet show which was presented in the schools and day care centers. The puppet show and participants were presented to the Board of Health and County Commissioners. Joint Meeting: Smoking Pollution Control Regulation (SPCR) A joint session of the Board of Health and the Commissioners followed regarding the SPCR. Dr. Leonard the County Commissioners for attending the Board of meeting. County thanked Health 36 Dr. Alan Thomas, physician and Board of Health member, and Dr. James Snyder, Cardiologist, made presentations on the hazards and I health problems resulting from passive smoke and smoking. Drs. Thomas and Snyder requested that the Board of Commissioners support the SPCR as proposed by the Board of Health. Dr. Leonard asked the Board of Commissioners for their opinions of the proposed SPCR. Mr. Retchin, Chairman, County Commissioners stated that he appreciated the educational efforts of the Board of Health this morning and that he felt everyone knew that smoking was unhealthy. He said he received a petition this morning with 4,271 signatures directed to the New Hanover County Board of Commissioners asking that they use their influence on the Board of Health to direct the efforts of the Board on education and not regulation. He expressed that he felt the regulation is nothing short of a total ban on smoking. He stated that he felt the regulation that the Board is proposing would most certainly be questioned and could not be supported by the Board of County Commissioners. Mr. Joe Barfield expressed concern that the Board of Health has the authority to adopt the regulation without the County Commissioner's approval. Mr. Mathews expressed his concern over the inconsistency of the SPCR. Mr. Greer expressed that he feels that smoking is harmful, but as an individual one should have the freedom of choice. Dr. Leonard expressed that the Board of Health was not trying to show their authority but a desire to protect public health and cooperate with the County Commissioners. Ms. Rehder expressed her concern for the protection of the health of nonsmokers. Dr. Thomas stated that industry is saving money by banning smoking and that he supported total cessation of smoking in public places. Mr. O'Neal stated that he had experienced this at the hospital and that he felt there should be some restrictions in places of emploYment. Mr. Blake explained that the Board of Health has more authority than its appointing board, because in the event of an outbreak of disease or disaster, then the heal th department must have the authority to cover the entire county. In this particular case, the Board of Health sees passi ve smoking as a health problem. There are no easy answers and the Board feels an obligation to the health of nonsmokers. Dr. Thomas stated that there is a $500 fine for the sale of cigarettes to minors. Dr. Rosenkoetter suggested that perhaps the County Commissioners could assist with the SPCR sign requirements and that the Board of Health could initiate an educational program over a period of two to five years. Dr. Daniel Gottovi, pulmonary physician, in his presentation to the Board stated he was concerned with the rights of an individual to smoke, the responsibility not to do harm to I I I I I 37 others, the growing evidence of the harm of passive smoke and the responsibilities of the health department to protect public health. He urged the Board of Health and County Commissioners to be supportive of the health department to protect the public health just as the health department is charged to do. Mr. Retchin suggested that he and Ms. Wanda Copley, Assistant County Attorney, meet and draft a proposed smoking regulation which could be accepted by the County Commissioners and then submit the proposed SPCR to the Board of Health for their review. It was the consensus of the Board of Health to review and consider the proposed smoking regulation drawn up by Mr. Retchin and Ms. Copley. Committee Reports: Budget Mr. Don Blake, Budget Committee Chairman, reported that the Health Department Recommended FY90-91 Budget was sub~tted to the County Commissioners. The total budget including salaries is $5,734, 430 and is an increase of $249,257 over FY89-90. Mr. Blake stated that Mr. Allen O'Neal, County Manager had recommended a 5 percent merit increase but did not recommend a cost of living raise for county employees. Mr. Blake, on behalf of the Board of Health, requested that the County Commissioners consider a 5 percent cost of living in addition to a 2.5 percent merit increase for employees due to the problem of recruiting and keeping qualified personnel. One new full time for the Jail. recommended. The was recommended. Public Health Nurse II position was recommended The other requested posi tions were not reclassification of the Vector Control Director Unfinished Business: Smoking Pollution Control Regulation (SPCR) A short discussion was held regarding displaying signs indicating smoking and nonsmoking areas, feasibility of referendum for City of Wilmington to get opinions of people, political process and exemptions to the proposed draft of the SPCR. New Business: Board Member Camnents: 38 Health Director Comments: State Proposes to Cut Mosquito Control Funding Mr. Parker requested that Board members contact their legislators regarding the cutting of New Hanover County Mosquito Control. June Blood Drive Board members were asked to participate in the County Blood Drive to be held at the health department on Monday, June 18, 1990. There being no further business the meeting was adjourned at 10:40 A.M. ~~ Dr. John Leonard Chairman, Board of Health ~2- (J~ Robert S. Parker Secretary to the Board Approved: I I I I I I 39 The New Hanover County Board of Health met on Wednesday, June 27, 1990, at the New Hanover County Health Department, Wilmington, North Carolina. Members Present: John Leonard, DVM, Chairman Don Blake, Vice Chairman Pascal Camak, DDS Michael Goins, OD Julius Howard, RhP Amaryallis Rehder, MA Sheram Robinson Marlene Rosenkoetter, PHD Catherine Vangellow, MPH Members Absent: Alan Thomas, MD others Present: Robert S. (Bob) Parker Frances F. De Vane, Recording Secretary Dr. Leonard called the business meeting to order at 8:00 A.M. Ms. Vangellow presented the invocation. Dr. Leonard called for corrections to the minutes of the meeting on June 6, 1990. Corrections were made to the minutes. The minutes were approved as corrected. Request for Public SWinminq Pool Variance Mr. Jim Hayes, Environmental Health Specialist, explained that the waterslide at Creative World Primary Day School does not meet the Rules Governing Construction and Operation of Swimming Pools in New Hanover County and that the school was allowed three years from July 1, 1987, to comply with these regulations. Mr. Hayes explained that the splash pool and deck are too small and that the waterslide pump intakes are not located in a separate pool as required. Required handrails and stairs are not available. Mr. Parker explained that Creative World Primary Day School has requested a variance to the swimming pool regulations. Mr. Darrell McCall, owner of Creative World Primary Day School, stated that it would be expensive to construct the pump intake pool and that he felt the pool was a safe operation. He stated that the swimming pool has been in operation for 15 years without an accident and that the waterslide is not in operation unless two teachers are present and a lifeguard is in the pool. Mr. McCall requested that the Board of Health consider a variance to the rules to allow omission of the pump intake pool, stairs with handrail and structural modifications to the splash pool and deck area. Mr. McCall stated that he would then proceed with other necessary modifications to the pool if the Board of Health grants the variance. 40 Mr. Blake stated that he did not want the Board to consider the variance unless the pool operation is controlled, safe and only I used by children attending Creative World Primary Day School. After discussion, Mr. Blake moved that the variance to the Rules Governing the Construction and Operation of Swimming Pools in New Hanover County be granted for omission of the following four items: (1) structural modifications to increase splash pool dimensions (2) separate pool for pump intakes (3) stairway with handrail (4) modifications to provide minimum deck width Also, the swimming pool will be operated only by and for Creative World Primary Day School and Creative World Primary Day School will assume full responsibility and will not hold the Board of Health and New Hanover County responsible for any pool injuries. Upon vote, the MOTION CARRIED. Ms. Wanda Copley, Assistant County Attorney, recommended that an indemnity agreement be drafted to fully protect the Board of Health, New Hanover County and its employees. Unfinished Business: Smoking Pollution Control Regulation (SPCR) Dr. Leonard reported that on Wednesday, June 20, 1990, Mr. Fred Retchin, Chairman of New Hanover County Board of Commissioners, Ms. Wanda Copley, Assistant County Attorney, Mr. Parker and Dr. Leonard met to review and redraft the SPCR. Dr. Leonard stated that he felt the Board of Health should ban smoking in public places but that the County Commissioners' draft of the Smoking Pollution Control (SPC) Ordinance was a step forward. Mr. Parker explained that the County SPC Ordinance would apply only to unincorporated areas. He complimented Dr. Leonard for his work on the county smoking ordinance. I A lengthy discussion and review of the County Commissioners draft of the SPC Ordinance, the health hazards of smoking, the protection of the public's health from passive smoke, the enforcement of the SPC Ordinance and the responsibility of the Board of Health to protect the public from passive smoke followed. Mr. Parker presented a proposal to the Board of Health for their consideration. He suggested that the Board of Health endorse the County Commissioners' SPC Ordinance and submit their opinions of the SPC Ordinance to the County Commissioners. Mr. Parker proposed that the Board of Health go on record submitting the following facts with their endorsement of the smoking ordinance to the New Hanover County Commissioners: I I I I 41 (1) The New Hanover County Board of Health and Commissioners must protect our residents from the well proven hazards of passive smoke. We must work toward completely eliminating passive smoke in all public areas. (2) We feel that our proposed regulation dated May 31, 1990, should be adopted by you as an ordinance. A copy is attached. ( 3 ) We reviewed your proposed ordinance as drafted by Wanda Copley, Assistant County Attorney, and will accept this as an important first step toward the eventual elimination of passive smoke in all public places in New Hanover County. Dr. Goins proposal. moved that the Board accept Mr. Parker's Upon vote, the MOTION CARRIED UNANIMOUSLY. above Mr. Parker stated that the health department will be responsible for much of the education and enforcement of the smoking ordinance. Committee Reports: Dr. Leonard asked for Committee Reports. Committee Reports. There were no New Business: Happy Helmets to You - $7,000 Grant Ms. Denise Teachey, Health Promotions Director, announced that the health department was the recipient of a $7,000 competitive grant from the Injury Control Section, North Carolina Department of Environment, Health and Natural Resources. Bike helmets will be purchased for children from 8 years to 14 years of age. Applicants for bike helmets must meet the grant criteria. Educational sessions will be presented in five locations in the county. Mr. Parker congratulated Ms. Teachey for applying for and securing the bicycle helmets grant. New Mosquito Funding - Mr. Bobby Waters Mr. Bobby Waters, Vector Control Director, reported that New Hanover County Health Department has received an additional $37,400 funding for mosquito control. Mr. Parker explained that these funds were received as a result of a proposal to the Corps of Engineers which was prepared by Mr. Waters. Mr. Parker stated that the additional mosquito funding and the bike helmet funding were results of two health department employees going the extra mile for funding for their programs. 42 Mr. Parker commended Ms. Teachey and Mr. Waters for their accomplishments in securing these resources for New Hanover I County. Dr. Rosenkoetter stated that she would like to go on record as congratulating both Ms. Teachey and Mr. Waters for their initiative and efforts in seeking and securing these funds for New Hanover County. Change in Health Department Fee Policy - Add Cat Mr. Parker explained that when the Board of Health revised and approved the Animal Control Ordinance which required cat owners as well as dog owners to purchase licenses that the fee schedule was not revised to reflect this change. He requested that the Board add the word "cat" (before "dog") to the Animal Control Section of the New Hanover County Health Department Fee Policy to reflect this change of policy. Mr. Howard moved tha t the word "ca t" be added to the Animal Control Section of the New Hanover County Health Department Fee Policy. Upon vote, the MOTION CARRIED UNANIMOUSLY. Increase in Home Health Charges Mr. Parker presented the approved Medicaid rates for Fiscal Year 1990-91. These rates will be effective July 1, 1990. Mr. Howard moved that the Board of Health approve the Medicaid I recommended increase in the Home Health charges effective July 1, 1990. Upon vote, the MOTION CARRIED. There being no further business the meeting was adjourned at 9:50 A.M. j}oí/\/\-- ~ Dr. John Leonard Chairman, Board of Health ~~(J~ Robert S. (Bob) Parker Secretary to the Board Approved: I