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11/06/1963 377 ~,...... REGULAR MONTHLY MEETING BOARD OF HEALTH HELD IN GRAND JURY ROOH COURT HOUSE November 6, 1963 - Present: Dr. Win. H. Wagoner, Mayor O. O. Allsbrook, Dr. James Smith, Dr. R. Bryant Hare, Dr. J. C. Knox, Chairman J. M. Hall, Jr., County and Health Department Attorney Bradford Tillery. Local plumbers with their lawyers, George Rountree, Jr., and Col. R. S. McClelland were present and representatives of the Block- ade Runner Hotel were present with their lawyers, Addison Hewlett and Wallace Murchison. Bob Lipton, lawyer for Superior Mechanics was also present. The regular meeting of the Board of Health was held in the Grand Jury Room of the Court House on November 6, 1963. The crowd was too large for Dr. Davis' office. The minutes for the September and October regular meetings and for the special board meeting in October were approved. . . Chairman Hall asked Col. McClelland and }~. Rountree to present the plumbers' complaints and questions. Col. McClelland asked about the interpretation of Section 48 of the plumbing code. The plumbers object to one person having the authority to waive certain sections of the plumbing code, saying it could be abused. ..- Mr. Tillery asked if they were asking if Dr. Davis had abused it. McClelland replied, "No." They were more concerned with the right tation of section 48. Col. interpre- Hr. Goodyear of Goodyear Plumbing Company stated that he helped to draw up the code and that they had no legal help in drawing it up and therefore did not know how to word it to say what they meant it to say. Mr. Rountree asked that the power to waive be given to the full board instead of just one person. The plumbers were given a chance to speak: "Plumbing inspector is a fair man, all of us have been arrested for one infraction or another." "SiIice these men failed the plumbing test why were they permitted to work?" Mr. Tillery read the code again and also read the letter he wrote to Dr. Davis stating that in his opinion Dr. Davis had the authority to waive the code under section 48. }~. Tillery also stated that the Board has the power to change section 48 if they want to. ~.. }~. Hewlett and Mr. Murchison gave the history of the Blockade Runner and their efforts to get plumbers. He also read minutes of the meeting between Dr. Davis and representatives of the Blockade Runner. It was pointed out that all the men working were licensed plumbers, some with State License and others with Durham and Wake County License. It .,as also pointed out that these plumbers had warrants served on them signed by Mr. Biddle. - 378 Mr. Bob Lipton, lawyer for Superior Mechanics submitted the state and county plumbers licenses of the men who were arrested and also named places where these men had done plulllbing work. He also offered employment to any New Hanover County Plumber at J $3.50 per hour whether or not he belonged to the Union. . Mr. Cates told of efforts to get plumbers. (Mr. Cates is with Superior Mechanics Com:~any). He contacted 11r. Biddle for re cormnendat ions , advertised on radio and TV, contacted employment office, even drove to Fayetteville to see about some men who had N. H. County license. Hr. Brown of the local Jilnployment Office said they referred one plumber to Super- ior Mechanics who was hired but only had one other registered plumber and he did not have a New Hanover County license. He also stated that they had run ads in the paper and advertised on radio for plumbers for this job. Mr. Henry Von Oesen and Mr. Lawrence Lewis both offered to answer any questions anyone had concerning the Blockade Runner Hotel. l1ayor Rose, Wrightsville BeaCh, told of the need to speed up the completion of the Hotel. Mr. Auchter, the General Contractor of the Blockade Runner, said a meeting was scheduled for the hotel for J1arch 15, 1964 (a medical convention) and that they had hoped to have it done for the Azalea Festival but the plumbing is holding up the completion. He pointed out that "lead wiping" is no longer used in many places therefore the tests given were not reasonable. Several plumbers spoke up saying they were not offered $3.50 per hour but were offered $2.50 to $2.75. }~. Grotchen, head of local plumbers union, said there was no shortage of plumbers. He said that Superior Mechanics had told him they would not work Union men, that he had contacted VIT. Cates and told him that the plurrbers would work under Union rules and regulations. J i'~. Biddle, Plumbing Inspector, said he gave Mr. Cates one code book and sold him four more and that he set up the examination for the men, and that some of them failed it. !fr. Stone, Supervisor of the job, said that he ran down every lead on getting plumbers, that he is paying the two local plumbers he is now working $3.50 per hour, and has been since they have been working for him. Dr. Smith made a motion, "That we revise the whole plumbing code and bring it up for adoption, with proper legal council." It was pointed out that the code is 12 year:s old. Dr. Wagoner seconded the motion and the vote was unanimous. VIT. Hall stat'3d that suggestions from all capable people will be considered. One plumber asked, "How about these men working - this is what we want settled." Hr. Tillery pointed out that this decision depended upon the question, "Did Dr. Davis abuse this discretion in making this decision?" He pointed out to the board that it was their duty to weigh this question and decide since whether or not these men could continue to work depended on whether or not Dr. Davis abused this discre- J tion" 379 p . Mr. Rountree stated that according to the way the code was written in his opinion that Dr. Davis did not abuse this discretion. - Hr. Tillery asked Col. HcClelland to phrase the question for the Board to vote on. Col. NcClelland asked, "Did or did he not exercise proper discretion?" }lr. Hall, at this point, dismissed everyone but the Board and gave the Board a five minute recess. Neeting resumed - Mr. Hall asked, "Was Dr. Davis within his authority in making this decision?" Dr. Knox expressed the opinion that, under the code, Dr. Davis was in his autho- rity and that Dr. Davis did not abuse his discretion or exceed his authority. Dr. Knox made a motion that the board accept this decision. }myor Allsbrook seconded this motion. The Board voted unanimously to accept this decision. Nr. Hall was instructed to make this statement to the plumbers and to say that the code will be reviewed and if necessary will be rewritten. - The Board was in agreement that the Director of the Health Department would be the one to reprimand Mr. Biddle for disobeying direct orders given by the Health Director in having these plumbers arrested. The Board was in agreement that Mr. Biddle did exceed his authority in signing the warrants. It was also pointed out that he did not consult VIT. Tillery before doing this. The usual procedure for issuing warrants when the plumbing code is broken is that }lr. Biddle, VlI'. Cranford, Director of Sanitation, and Dr. Davis review the case together and then go to Nr. Tillery for advice. Neither !lr. Cranford, Dr. Davis nor !lr. Tillery were consulted about this situation. -. Approved January 8, 1964 Respectfully submitted, Zl1~ 73. ?~ -,...