C090799Closed Session - September 7, 1999
At 6:00 p.m. the Board went into closed session to consult with the County Attorney to consider
and give instructions concerning a judicial action titled Mann Media v. Randolph County, pursuant to
NCGS 143-318.11(a)(3). Commissioners Frye, Kemp, Davis, Holmes, and Mason were present.
Also present were Frank Willis, County Manager; Alan Pugh, County Attorney; Alice Dawson, Clerk
to the Board; Aimee Scotton, Staff Attorney; and Hal Johnson, Planning and Zoning Director.
Mr. Johnson explained that the Planning Board denied the request of Mann Media to locate a
communications tower. When this case went to court, the judge said that the Planning Board minutes
did not show justification for denying the request and directed the Planning Board to reconsider the
request. The Planning Board had a special 3 '/z -hour meeting to reconsider this request, with a court
stenographer providing a transcript of the proceedings. The Planning Board denied the request again,
and the case went back to court. The judge ruled in favor of Mann Media and ordered Randolph
County to issue a special use permit to Mann Media for the location of the tower.
Mr. Pugh explained the difference between a zoning permit and a special use permit. He said
the County can appeal the judge's decision based on the justification presented as sworn testimony
during the Planning Board's second meeting on this matter. He said this case was heard when the
County was still operating under the old zoning ordinance, which had only basic standards for towers.
The Board discussed the issue of appealing this case. It was their consensus to do so.
On motion of Mason, seconded by Davis, the Board unanimously voted to return to regular
session at 6:30 p.m.
Darrell L. Frye, Chairman Phil Kemp
J. Harold Holmes
Robert O. Mason
Robert B. Davis
Alice D. Dawson, Clerk to the Board