Committee recommends revoking beer licenses
Parrott wins over Garrett in close election
School Board meeting held August 3
recommends revoking beer licenses
Dewain E. Peek/OCN staff
Concerned citizens again filled the court room of Overton County
Courthouse for the regular monthly meeting of Overton County Legislative
Body, on Monday, Aug. 9. The main topic of interest was the effort
to reestablish the 2,000-foot beer sales distance requirement.
By DEWAIN E. PEEK, OCN staff
The committee charged with finding a way to keep the 2,000-foot
distance rule for beer sales reported to Overton County Legislative
Body during the Monday, Aug. 9 regular monthly meeting. Commissioner
Randall Boswell was absent.
The committee is made up of County Attorney Daryl
Colson, Beer Board Chairman David Dorminey, and David Smith, who
is a private citizen of Overton County.
Colson addressed the County Commission saying, "Last
month, you'll recall, a committee was formed, with myself, Mr. Dorminey,
and Mr. Smith to serve on the committee in order to do the investigation
and make some recommendations to this body as to what process needs
to occur in order to reinstitute, or reestablish, the 2,000-foot
"We've met on a couple of occasions. We've spent
a great deal of time and quite a bit of work has been done in providing
you with this recommendation.
"Legally, as I've explained to the board a few
times in the past, in order to reinstitute a distance requirement
that has been invalidated, the illegally issued permits have to
be eliminated, and that is through the process of revocation. That
is the only way that we can reinstitute a valid distance requirement."
Colson informed the commissioners that the committee
hired a surveyor to check all the beer licenses in the county.
"Having done that, we've identified potentially
eight establishments, or roughly 48 percent of those that are issued,
that would be in violation or potential violation of the distance
requirement. A couple of those we're going to recheck. The number
could go down, but it should not go up."
The surveyor will finish this week, according to
"Since these beer licenses were issued many years
ago, most of these businesses, if not all, have changed ownership
at least once, and in some occasions, several times. So, I say that
simply to advise you of this, the process that needs to occur is
that this body, of course, needs to confirm the 2,000-foot rule
as what we are going to establish.
"The Beer Board then needs to begin revocation
proceedings against these businesses. A hearing will be held if
the Beer Board revokes these beer licenses. These individuals will
then have the right to appeal that decision to the chancery court
or circuit court of this county.
"Now, the reason I made the comment about the
number of businesses that have changed hands is that these individuals
will likely be able to make an argument that they expended monies
in purchasing these businesses based upon the value of the beer
permit, the calculations of that revenue.
"There is a good possibility that the chancery
court or circuit court would carve out an exception for those businesses
based upon their justifiable reliance on the permit issued at the
time they purchased their business; however, even if that happens,
the 2,000-foot rule should be reestablished.
"These businesses would likely be able to continue
to operate, and the county would then have a 2,000-foot rule that
could be enforced.
"A lot of debate occurred about the fairness
of that. Obviously, you've got at least eight potential businesses
that have to retain legal counsel, will be forced to litigate against
the county to assert that argument that I just related to you. The
committee unanimously recommends that this body consider at some
point a financial reimbursement to some of these businesses, on
a limited basis in order to be fair."
Commissioner Gail Arney asked where the money would
County Mayor Kenneth Copeland informed the commission
that the county has money for legal purposes that could be used
for this purpose.
Colson went on to say, "The committee's thoughts,
and we debated that issue fervently for probably an hour, or better,
was that this is something that the county caused, many years ago,
albeit, but yet the county put this ball in motion."
According to Colson, the committee took into consideration
that people who later bought these businesses made the purchase
based upon revenue figures that included beer sales.
"We didn't feel that it would be fair to require
them to bear the financial brunt of correcting what in essence was
our mistake," he said.
Mayor Copeland announced that the next Beer Board
meeting will be held in the courthouse at 5 p.m. Tuesday, Aug. 17.
The County Commission approved the second reading
of a resolution making appropriations to non-profit charitable organizations
of Overton County.
The following were approved as county roads to be
added to the county map: Tas Lane, which is across from Byrd Gore
Lane off Upper Hilham Road; and Monroe Cemetery Road.
The Commission approved Natasha Dixon, Brenda Davis,
Cara Boone, and Peggy Melton as notaries at-large.
At the beginning of the meeting, the minutes of last
month's meeting were corrected. Item number 16 stated 200 where
it should have read 2,000.
The meeting adjourned.
top of page
wins over Garrett in close election
In a closely contested race, Republican challenger
Charles "Chig" Parrott defeated incumbent Democrat Joe
Garrett for Overton County Highway Superintendent. Parrott received
1,783 votes to Garrett's 1,573.
The election held Thursday, Aug. 5 drew 3,439 voters
to the polls.
The closest race was for 3rd District School Board
Member. Patricia A. Bowman defeated incumbent Edith Key by only
10 votes, 216 to 206.
In the only other contested School Board race, 1st
District voters chose Tim Vaughn over Billy Joe Gore 406 to 363.
Gore led in each ward, but early voting gave Vaughn the win. Incumbent
David Langford chose not to run for re-election after more than
a decade of service.
Longtime School Board fixture Donald Brown also chose
not to run for re-election in the 4th District after his many years
of service to Overton County schools. Tonia Woolbright Sells received
239 complimentary votes in her unopposed bid.
Incumbent Joey Smith ran unopposed for re-election
in the 2nd District, and received 322 complimentary votes.
Incumbent Tim Coffee received 306 complimentary votes
in his unopposed 5th District bid.
Assessor of Property Larry King received 2,168 complimentary
votes in his unopposed bid for re-election.
In the Democratic Primary, State Representative for
the 41st District John Mark Windle received 2,125 complimentary
Overton County voters preferred incumbent 6th District
Congressman Bart Gordon over Robert C. Hall, 1,841 to 116.
In the Republican Primary for the 6th Congressional
District, Overton County voters preferred Nick Demas over Elizabeth
Hall, 201 to 112.
top of page
Board meeting held August 3
By DEWAIN E. PEEK, OCN staff
Overton County Board of Education held the regular monthly meeting
Tuesday, Aug. 3.
In new business, the Celebrating the Arts grant was
approved, as requested by Christy Lee.
Director of Schools Bill Needham said, "This
is the Very Special Arts Festival we have at the park each year.
We've had such a tremendous amount of interest, we've had to expand
that the last couple of years to two days.
"This year, the lady from the state arts commission
came up to visit, and she was so impressed with it that she assured
Christy when she would apply she would get the full funding that
was possible for next year."
Reports were approved for the quarter ending June
30 for General Purpose, Federal Projects, Central Cafeteria, Education
Debt Service, and Education Capital Projects Funds.
The Board accepted the retirement of Deanna Linder
and the retirement of Evelyn Sidwell.
The Board approved the resignations of Frances Sells,
Brenda King, and Mandy McCormick.
In executive action, an intergovernmental cooperative
agreement for insurance coverage with Tennessee School Board Risk
Management Trust, was approved, effective July 21.
The bid of National Chemsearch for drain enzyme was
approved at $27.75 per gallon. The bid includes equipment to inject
the enzyme containing the specified characteristics into the drain
and sewer system.
Universal Termite and Pest Control Company's bid for
pest control for all school buildings was approved at $9,320. The
bid is good through July 31, 2005.
Button Fire Extinguisher Service's bid for fire suppression
systems inspection service was approved at the following rates:
annual service per extinguisher - $2.65 each; 6-year maintenance
- $5 each; hydro test - $9 each; recharge 5 lbs. - $8 each; recharge
10 lbs. - $12 each; recharge 20 lbs. - $19 each; and kitchen hood
fire suppression system - $72.50 each.
The following bids were approved for the School Nutrition
Program for the 2004-2005 school year: food and supplies - Institutional
Wholesale Co.; bread - Lewis Bakery; milk - Southern Belle Dairies;
ice cream - Purity Dairies; and pest control - Universal Pest Control.
Director of Schools Bill Needham issued the Director's
Report to the School Board. Actions taken by the school director
are as follows:
Curtis W. Reed was hired as a maintenance assistant
at Rickman Elementary School, as recommended by Kevin Rhoton.
Josephine Simcox was hired as an assistant manager,
and Melissa Reagan was hired as a cook at Livingston Middle School.
Carla Gardner was hired as an aide at A.H. Roberts
Connie Poston was hired for three hours per day at
Allons Elementary's cafeteria, and Malana Phillips' hours were increased
to four and a half.
Sarah Stockton was hired for the 2004 Summer Early
The following teachers were hired on a 100-day contract:
Randal Dial, Kenneth Dodson, Mike Elder, Mike Garrett, Pat Grimes,
Judy Miller, and Louise Swallows.
Jennifer Clark and Mark Winningham were hired as certified
Rita McDonald and Eva Savage were hired as non-certified
Karen Reeder was hired as a substitute cook.
The assignments of AmeriCorps members were approved
as follows: A.H. Roberts - Rebekah Melton; Allons Elementary - Amanda
Dodson; Hilham Elementary - Holly Coffman; Livingston Middle School
- Sarah Story; and Rickman Elementary - Amanda Bowman. Wilson Elementary
had not yet been determined.
Intermittent medical leave was granted to Susan Ledbetter
through October 1.
The meeting adjourned.
top of page
Overton County News
415 West Main Street
P.O. Box 479
Livingston, Tennessee 38570