Newspapers / The Brunswick beacon. / April 14, 1994, edition 1 / Page 9
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CASH. BUT NO JOR County Settles Suit With Former Building Inspector Billy Ingram BY KRIC CARLSON Lawyers for Brunswick Counly and former building inspector John W. "Billy" Ingram IV have reached an out-of-court settlement of Ingram's federal lawsuit in which the county will pay him an undisclosed amount of cash, but won't have to give him another job. Details of the agreement are not likely to be released before the county commissioners meet Monday night. County Attorney Michael Ramos said Tuesday. The settlement is not covered by the county's liability insurance and will have to be paid out of tax rev enues. The lawsuit was scheduled to be heard in Wilmington's U.S. District Court this week. The commissioners met with its lawyers for 45 minutes in a special closed session to discuss INGRAM the case March 28. A settlement was reached late last week. While he could not release the dollar amount agreed upon. Ramos said it was "substantially less" than Ingram was seeking. The lawsuit asked that Ingram be rehired and given nearly four years back pay at his for mer annual salary of $26,486. The suit also sought puni tive damages and legal fees. Ramos said Ingram would receive "about a third of what he was asking for." He said the civil action had reached the "break-even point" at which the county "It was basically a pragmatic, economic decision; a way to get out without incurring any risk. yy ?County Attorney Michael Ramos agreed to pay roughly what it would have cost to try the case in court. "It was basically a pragmatic, economic decision; a way to get out without incurring any risk," Ramos said. "I don't think we would have lost, but there was some small merit to their case. So why take a chance? This way there is no danger of the county having to hire back someone that it doesn't want to hire." Ingram filed his legal action last May, one day before the third anniversary of his dismissal from what the law suit calls a "created" position of county purchasing agent. It claims that Interim County Manager David Clcgg fired Ingram "with no notice or warning" and lat er denied his right to appeal the termination. The county contended that at the time of his firing, Ingram was a "probationary employee" in a new posi tion and therefore not protected by the county personnel policy. During the first six months after hiring, while a worker's job performance is being evaluated, an em ploycc can he terminated at any time Ingram was working as a county building inspector when he applied for and accepted the new post of pur chasing agent. His lawsuit asserts that the change was "a transfer preserving (Ingram's) appointment statues as a permanent rather than a probationary employee." The county's response to the lawsuit does not say why Ingram was fired, since personnel files must be kept confidential. Ingram was one of six employees asked to take a lie detector test in a 1W9 sheriff's department investigation after $225 turned up missing from a building inspection department cash box. The tests were deemed inconclu sivc and no criminal charges were filed. In February. IWO, Ingram was suspended from his position for what officials al the time called a personal conduct problem. Also named as defendants in the suit along with Clegg were all five members of the 1990 county board of commissioners. Ingram claimed that the board re fused his right to appeal the firing. The current commis sioners also were included in the suit in their official ca pacity. County Commissioners Chairman Don Warren said on Tuesday that he did not know the details of the settle ment and could not yet comment on the agreement. County Board Nixes Incinerators, Waste Storage From Zoning Law BY ERIC CARLSON In a partial victory for those fight ing to strengthen controls on "unde sirable" land uses, the Brunswick County Commissioners on Monday deleted incinerators and hazardous waste facilities as permitted uses in the county zoning ordinance. The board also asked the planning board to review a request to change the zoning around Martin Marietta's proposed limestone quarry from heavy manufacturing to residential But the board declined to support the Brunswick Mining Awareness Committee's (BMAC) request for a complete ban on "above and below ground storage facilities, major de molition debris landfills and animal slaughtering" operations. Instead the commissioners agreed to allow such uses in a zoning district that docs not exist anywhere in the county. The zoning amendment adopted Monday provides for the creation of a "rural industrial (RU-I)" zone if such a use is requested and both the county planning board and the com missioners agree to do so. While the move was seen as "a step in the right direction." BMAC leader Bob Quinn said he wished the commissioners had imposed an out right ban on the activities proposed for the RU-I zone. "They did the right thing by delet ing incinerators and hazardous waste facilities instead of hiding them in a mythical zoning district," Quinn said. "I'm glad to see them coming to grips with the fact that there are land uses worthy of deletion from the zoning ordinance because they aren't compatible with life in Brunswick County." Quinn said he hoped the board would take another look at the sug gested changes and remove them as possible land uses in the RU-I zone. In a related matter, Rosctta Short of Long Beach asked the board to change the zoning of an area around the Walden Creek estuary near Sunny Point. She has asked the N.C. Coastal Resources Commission to have the land protected as an Area of Environmental Concern and wants the commissioners to change its zoning from heavy manufactur ing to residential. "Historically, this whole parcel was designated by use as residen tial," Short told the board. "What changed the intent was when BECO wanted to build an oil refinery on the Cape Fear River at Jackey's Creek. Since then. Route 133 is de veloping into a residential corridor with well-planned residential subdi visions taking advantage of the highest and best use of the proper ty" Short warned that "the whole county will be adversely affected" if improper development damages the local ground water in that area. The board agreed to have the planning board review her request. In another matter, the board ig nored the repeated recommendations of its appointed study committee and chose Planning Board Chairman John Thompson's architectural firm to design handicapped access im provemcnls at Ihe county complex. The federal American Disabilities Act requires that all public buildings be made accessible to handicapped persons by 1995. l^ast fall. County Manager Wyman Yelton and County Engineer Robert Tucker were asked to study proposals from several architects for design work on the estimated S4(K).(KH) project. They determined that John Sawyer of Wilmington was the best choice. But the commissioners twice asked Yelton and Tucker to recon sider their decision. After the com mittee interviewed the applicants and recommended Sawyer a third time, the board asked to review the proposals themselves. Monday night they awarded the job to Thompson. Several of the commissioners said they preferred to hire a local firm for the job. In other business the board: ? Went into a closed session to consider an appeal from a recently fired water department employee. The board agreed to uphold the deci sion of the county manager. ? Heard a second request from clients at the Department of Aging nutrition site in Leland for a new building. The board agreed to in clude funds in the upcoming budget for constmtion of a addition to the existing facility. ? Appointed Lloyd Ward of District 1, Larry Williams of District 5 and David Kennedy of District 4 to a new commercial fisheries study commission. LSiLIl CjGLLES! Stands For ?Quality Education Throughout Brunswick County ?Orderly, Clean Growth For Brunswick County ?Improved Services For Brunswick County Taxpayers A New Voice Is The Right Choice Brunswick County Commissioner, District 3 PAIO FOR 8V LESLIE COLLIER Great Rates Are As Easy As UCB. 24 to 35 month CD Annual Percentage Yield (APY) The minimum balance to obtain this APY is $1,000. UNITED The Personal Touch. Easy As UCB. For additional rates and terms or for more information, please visit any UCB office or call 754-430/. Text telephone number for the hearing impaired. 1-800-876-6545. This APY ls accurate as of March 2. 1994 Nol available lor brokered deposits A penalty may be imposed for early withdrawal u?mt??roic 1 VOTE JOHN MARLOW SHERIFF On May 3,1 urge you to vote for EXPERIENCE, HONESTY, LEADERSHIP and FAIRNESS to ALL citizens of Brunswick County. Paid for by Lishus R. Gore, Jr. A concerned citizen to elect John Marlow, Sheriff Tympanette Micro Canal Hearing Instrument Now Available Our office is happy to announce that we an* currently fitting a completely in-the-Canal hearing instrument. This remark altle new hearing instalment is not only more discreet and comfortable to wear, but may also provide im|x>rtant hearing lienefiLs liecause of its deep placement in the ear canal. The Tvmpanette is the smallest hearing instrument ever manufactured by Starkey I ,al(oratories. Cut-Aivay ^ the worlds leading manufacturer of yfefjp 0f]?ar /*"? custom hearing instruments. Its extremely small size will lie very popu . lar. so call now for your hearing assess ment and consultation. Call today to schedule your appointment. HEARING ASSOCIATES 579-1055 SHOPS AT CALABASH #3 ? POST OFFICE COMPLEX ? CALABASH E-L-E-CT JERRY DOVE SHERIFF I am fully aware of the responsibility for the general security and safety of the people of our county. I am also aware of the harm dangerous criminals can do to our citizens and our property. The truly awesome responsibility of the office of Sheriff must lie with a person who will act with due regard for the consequences of his decisions and actions. I believe that my training, experience and edu cation over the past 28 years have prepared me to meet these responsibilities. It would be an honor for me to serve you as your Sheriff. And if elected, I will be dedicated by heart and conscience to make the necessary changes to and within the Sheriffs Department and will provide the necessary protection of the honest, the innocent and the helpless. Your vote for Jerry Dove in the May 3 Democratic primary will be appreciated! Free Fish Fry-Sat., April 16, Noon Until Sandy's Seafood, Long Beach Road PAID BY COMMITTEE TO ELECT JERRY DOVE, SHERIFF. CATHY HARVELL. TREASURER
April 14, 1994, edition 1
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