TOWN OF STOKESDALE Executive Session 8325 Angel Pardue Road Stokesdale, NC 27357  An Executive Session oft the Stokesdale Town Council was held on Thursday, August 14,2014 at the Town Hall at The following Council members were present: Mayor Randy Braswell, Vicki White-Lawrence, Frank Bruno. Others present included William B. Trevorrow, Town Attorney; Carolyn Joyner, Finance Officer/Town Clerk. The session began at 8:05 pm. The Closed Session was held for the purpose of Attorney Client Privilege. Mr. Trevorrow said that the Count Order, Page 10 of 18, Question 40, where the judge is responding to the four requirements or findings that the Ordinance mandates in terms of materially endanger the public health, meets all materials and specifications, would not substantially injure the value of adjoining or abutting property, and is in harmony with the area. In effect it says that the opponents did not present substantial material evidence to overcome to support the position that Council took in their motion to deny. The opponents did not supply any evidence to accomplish overcoming what the petitioners presented and they presented expert witnesses and the Judge found them to be expert. All of the opponent's evidence amount to unsubstantiated opinion testimony and was highly speculative in nature without any support whatsoever. He said that he would have to ask Council what would they appeal because there was nothing that the opponents put on that was a substantive nature that either accounted for what thej petitioners did or supported Council in their motion to deny. All the details are in the first 61 to 7 pages of He took the findings directly from Council's motion and tried to find support for it in the transcripts but the Judge did not agree with this. In order to appeal a. Judge's order you must] have errors of law that thej judge conducted and you find these errors in saying that it not what the facts say or does not have the support. Our appeal would not have this support. He said that Council must be careful ifi filing an appeal because ifthe Court considers it frivolous fort thej purpose of delay or hindrance oft the other party, or iti is al harassment kind ofp process that can double the cost andi make you) pay their attorney's fees. Just not liking the results is not enough to appeal the decision. Mr. Jones asked if the Appeals Court would look at the entire case or just what the Judge did in this case. Mr. Trevorrow said they would look at what the Judge did. Ifthere is not support for the opponent's position she can substitute her own judgement which she did with the first 39 conclusions. She went through the four findings required by the Ordinance and she either locked in how the opponent did not meet their obligation or the information in ther motion that Council made wasi not supported by evidence given by the opponents. The information was noti in the record which included the three transcripts oft the meetings regarding the special use permit. The court may give sanctions that could include dismissal of the appeal, monetary damages including single or Mr. Jones said that having attended the proceedings, he felt that the Judge, before hearing testimony, had made her decision. She spent a lot of time on Mayor Jones' statement. He said that he did not feel that it was a fair Mr. Trevorrow said that the opponents did not present good viable material evidence and support it with documentation as well as the petitioner did. The opponents did not offer any evidence or expert witnesses any  8325, Angel Pardue Road.  William N. (Bill). Jones and. Joe Thacker.  the order.  double costs, damages due to delays, and attorney's fees.  decision.  documentation to say that the traffic is heavy in this area oft the road and the driveway location.  Mayor Braswell said that] he did not support an appeal.  August 14, 20141 Executive Session Draft    Mr. Jones asked if we would have to pay attorney's fees. Mr. Trevorrow said that it was the cost of getting the appeal in court and this does not include attorney's fees. Mr. Bruno said that the Town had spent about $11,000. Mr. Trevorrow said that Council would vote in open session that to authorize the issuance ofa special use permit with approval oft the petitioner's special use application ands site plan. Council will not appeal the decision. Ms. Joyner said that the cost of the attorney fees, transcripts, and copies now total $11,635.58. These expenses occurred during two fiscal years. Mr. Trevorrow said that Court costs should be less than $500.00. Mayor Braswell said that the Planning Board's motion did not have factual information in it and it was wrong. Mr. Jones said that he felt that the Ordinance needs to be stronger toj protect property values and the people in the  Council and the Planning Board should have training andi instructions.  neighborhood. Ordinance facts.  Mr. Thacker said that while he served on the Planning Board, hel had been instructed that if the  oft the  requirements  have been met then the request should be granted. He said that many times people give opinions and not  Council returned to open session at 8:43 pm.  Caukpllonus CarolynL. Joyner,Polwmflerk  Approved:  Fbu  2  August 14, 2014) Executive Session Draft