c010305Closed Session— January 3, 2005
At 8:10 p.m. the Board adjourned to closed session to consult with the County Attorney to
consider and give instructions concerning a judicial action titled "State of North Carolina, on
Relation of, County of Randolph vs. Clarence Ray Jernigan individually and d/b/a Heath
Amusement; Heath Cigarette and Music Service, Inc. d/b/a Heath Amusement; and James Worth
Heath individually and d/b/a Heath Amusement," pursuant to N.C.G.S. 143-318.11(a)(3).
Commissioners Holmes, Davis, Lanier, Kemp, and Frye were present. Also present were Frank
Willis, County Manager; Alan Pugh, County Attorney; Aimee Scotton, Associate County
Attorney; Sheriff Litchard Hurley; Alice Dawson, Clerk to the Board; and Cheryl Ivey, Deputy
Clerk to the Board.
Randy Reavis of Nexsen Pruet Adams Kleemeier, our attorney of record in the case, updated
the Board in the proceedings. He said that nothing was accomplished during the first mediation,
which was held in November, 2004. However, he said that he is extremely confident that we will
at the very least win the case, thereby permanently shutting down Mr. Jernigan's illegal video
poker machine operations in Randolph County, regardless of any possible monetary forfeitures
from Mr. Jernigan. The next step will be to get all the discovery responses and get sworn
testimony from Mr. Jernigan. Mr. Reavis said that he will keep the Board informed of any new
developments.
On motion of Frye, seconded by Davis, the Board voted unanimously at 8:55 p.m. to end the
closed session and return to open session.
J. Harold Holmes
Phil Kemp
Arnold Lanier
Approved: February 7, 2005
Unsealed: June 6, 2005
Darrell L. Frye
Robert B. Davis
Cheryl Ivey, Deputy Clerk to the Board