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REGULAR HONTHLY !'EZT'ING BOAhlJ OF llliALTH
HEW HI OfFICE OF BOARD
JULY 8, 1959
Present: Hr. James E. Holton, Jr., Chainfan; }byor E. S. Capps, Dr. J. C. Knox,
Dr. James H. Smith and Dr. R. Bryant Hare, Jr.
The Health Director was attending a meeting in Raleigh; therefore, he was not
present at the meeting.
On motion by Mayor Capps, seconded by Dr. Knox, the minutes of the last meeting
were approved ,dthout reading; copies having been sent to the Board members. Carried.
The employment of a plumbing inspector to fill the vacancy created by the resignation
of Mr. Ralph B. Holland ,JaS discwcsed. The Health Director recormnended the appointment
of Mr. Joseph Markiton as Plumbing Inspector. Hr. Lassiter, Sanitary Engineer, stated
that he concurred in the Health Director's recoTIilllendation for a number of reasons: !{r.
H3.rkiton sb'med to be about the age man we should have; he is thirty eight years old;
holds a journeyman plumber's license; served as an apprentice and worked as a journeyman
pl=ber and has passed the Plumber's Examini11g Board; that he and Hr. Ed,;ax'ds interviewed
}w. }~rkiton and they felt he ,~uld be satisfactory for the position.
Notion WdS made by Dr, Smith that l,e take
Health Director and appoint }~. !~rkiton.
failed to ca ;:'ry.
the recommendation of ;'lr. Lac;siter and the
}lotion was seconded by Dr. Knox. The motion
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}~. H. McC. Biudle, former Plumbing In3pector, is an applicant for the position as
Plumbing Inspector. Dr. Hare stated that from an exa.r.ri.nation he made of Mr. BidcUe
that he was in no physical condition to do plumbing "'ork, but he felt that he could
do the inspecting. He presented to the Board a letter of reference stc.ted August 1952,
to !1r. Biddle from the Health Director,and in view of that letter he didn't understand
why he ,JaS not now qualified for the position.
After a general discuc!sion, motion WdS made by Dr. Knox that no action be taken on
the plumbing inspector until the Health Director could be heard from. Motion seconued
by Dr.Smith and carried.
}w. Edwards, Bacteriologist, requested that the follOldng ordinance be passed:
The Consolidated Board of Health, New Hanover County and City of
Wilmington, at its regular hlonthly meeting July 8, 1959, passed the following
ordinance:
Any milk supply having a freezing point of (--.5330C)
or higher, as determined by cryoscopic determination, shall
be deer[ted to be adulterated and will be excluded from sale
or distribution in this County.
Any producer, plant or distributor Mlose milk supply or
finished product is found to freeze at (--.5330C) or higher
shall have his or her pemlit revoked for a period 01' 14 days.
On the second offense, the permit shall be revoked per-
rranently.
..
ADOPTED: July 8, 1959; EFh,CTIVE:August 8, 1959.
Dr. Hare made a motion that Mr. &hm.rds' recommendation be adopted to become effective
thirty (30) days after date due to the necessity of posting and publishing the ordinance
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in the newspaper. I'lotion seconded by l'byor Capps and can'ied.
Chairman Holton ini'ormed the Board that the Board of County Commissioners were
meeting that night (July 8, 1959) to discuss the health department budget; that
several quest'ions have come up and the COdJiissioners have requested the Health
Director to attend the m<eeting. Due to the Health Director being out of town;
Dr. Smith SUGgested that Hr. Ed"ards be designated to repr'eseat the health de-
partment at the meeting of the Board of County Cormuissioners, and that Dr. Knox
represent the Board of Health.
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A letter from Dr. f'red T. Foard, Ep;idemiologist State Board of Health, to the
Health Director advising him of a course in chronic diseases to be ci\ren at the
University of Hi,meapolis July 2?-August 22, 1959. WciS read to the Board. Dr.
Knox made motion that the Hioalth Director be pemlitted to attend this course in
Hinneapolis; and in his absence I-layor Capps be appointed as acting fi~lcal director
to sign vouchers, etc., and that Dr. Knox act as medical advisor to the health
department. 1-1otion seconded by Dr. Hare. Carried.
Mr. Lassiter: informed the Board that the Legislature approv<;d for the Salt ~l3.1'sh
I'losquito Program certain funds and that a portion of these funds are received by
the heaith department for use in the County. On motion by Dr. Smith, :seconded by
Ea~"or Capps, i'uss Viola Bolyn, was designated to sign as Secretary all papers, etc.
pertaining to this program. Carri0d.
A motion ,JaS made by Dr. Knox that an inventory be made of all the Insect & Rodent
Cotrol equipment. shOl'{ing the condition of thc: equipment and the use to M1ich the
equipment is put, and report back at the next meeting of the Board of Health.
Hotion seconaed by Dr. Smith and carried.
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I'Iotion to adjourn .;as made by Dr. Smith, seconded by Dr. Hare. Carried.
--
APproved~~
CJ~ 1959
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4" i J f in office, that most of these differences would not have occurred
~'.~ and the relations between these Boards would have been more cordial
dj~\~ and satisfactory. ~
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The following is the conclusion which~ have reached
relative to the differences now existing between the superin-
tendent of Health (Dr. Davis) and the City Council and county
Commissioners.
~~ feel that Dr. Davis definitely should be directed to
meet in person with the two appropriating bodies when requested
to do so concerning budgetary matters or other health measures.
He is privileged to take any member of the staff as an advisor.
"rJQ.,i strongly feel, however, that the questions asked of
Dr. Davis must be relevant to the budget or other health matters.
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Since the most controversial differences were cleared up at our
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recent meeting, ~ think no embarrassing questions should be asked
of Dr. Davis.
When
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Dr. Davis appears before the two Boards, + still~ ~
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statement~ I realize
of my predecessors
feel that he should open his remarks with the
that if I had followed the customs and duties
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As to salary, at the request of Dr. KnO~ the Board of
county Commissioners agreed to raise Dr. D~S' salary to $11,540.00
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provided Dr. Davis appear before the Board of county Commissioners
and provided he would accept the duties of City and county physician,
The first agreement he will meet but as to the duties of City and
County physician, the second agreement, will have to depend on a
ruling now being submitted to the office of the Attorney General of
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North Carolina. In~ opinion, he should not have these duties
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placed upon him but feel that since he will have more time at
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his disposal now that he will give up the Brunswick County work
september 1, 1959, he could now make two visits a week to the
county Home and two visits a week to the jail. I believe the
county Commissioners will accept this compromise. It is manda-
tory that Dr. Davis be paid $11,040.00 under merit system.
We oppose the appointment of Dr. Davis as part time
Health Officer for Brunswick county as his entire time should
be devoted to work of this County. Acceptance of this position
would also bring further differences relative to change in
salary, bearing in mind that under the merit system the Board
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of Health is obliged to pay Dr. Davis $11,040.00, which amount
Dr. Knox requested of the County Commissioners and $500.00. If
we allow Dr. Davis to accept the position, the County Board of
Health will become substandard and classed as part time Health
Department. We object vigorously to being given such a classifi-
cation. Jf ~~"~Y 'd.^'^-~.~~'j...
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Relative to the charges of differences in reports sub- ~
mitted to the Board of County Commissioners and to the state Boa~
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of Health, ~ believe this is explained in a portion of the minutes
attached to the complete minutes of the meeting of the Board of uu
Health held August 5, 1959, and should be satisfactory to all con-
cerned.
(see copies of minutes of August 6, 1959, and copies
an,
of three letters to Chairman Holton of August 6, 1959. Copies of
these letters and minutes have been mailed to you within the last
month. )
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As to the appointment of an attorney for the county Board
of Health, Dr. Davis was authorized at a meeting held several
months ago to employ an attorney to do legal work for the Board
of Health when it was found necessary and Dr. David was further auth-
~ orized to pay the attorney fee out of the contingent fund. The
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Chairman of the county commissioners and the May of the city of
Wilmington have since agreed to have the county and city attorneys
do the necessary legal work for the Health Department provided
there will be no conflict of the case in question by those two
~y
bodies. ~ do believe that the time chosen to notify the county
commissioners of the employment of an attorney and asking the
county commissioners to see the attorney was ill advised and badly
received by the joint Board of County commissioners and city
counciL
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If the above provisions are met, A' believe all the dif-
ferences now existing between the superintendent of Health and the
New Hanover county commissioners will be removed. probably it
would be a good idea for Dr. David to explain to the County com-
missioners why he felt called upon to refer them to the attorney
for the Board of Health at the time he was requested to meet
with the joint Boards. This action in my opinion was the major
act which upset the county commissioners very much.
Relative to city and County physician. Final desicion
must await opinion from Attorney General's office as to whether
the county commissioners have power to prescribe duties of super-
intendent of Health. Board of Health claims its charter gives
this Board authority to select and prescribe duties of super in-
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tendent of Health.
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AE was a committee of one authorized to
employ Dr. Davis and no mention was made that he would be re-
quested to do any work other than administrative.
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for the
Board of Health.
A charge has been alleged against Dr. Davis by certain
County Commissioners with the agreement relative to Dr. Davis' 1_1
services to the
Health Department of Brunswick county was / ~~r&
time within the past few years as to time 9i~
changed at some
and salary. There is no record of any change from the original
agreement made between the Health Department with Dr. Davis in
the minutes of said BOard.
salary increase for Dr. Davis voted by the Board of
County Commissioners provided Dr. Davis appear before the BOard
of county Commissioners as he should.
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