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Archives
08-11-2004
Committee recommends revoking beer licenses
Dewain E. Peek/OCN staff By DEWAIN E. PEEK, OCN staff 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 rule. "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 Colson. "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 come from. 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.
Parrott 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 votes. 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.
School Board meeting held August 3 By DEWAIN E. PEEK, OCN staff 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. -Ê$8 each; recharge 10 lbs. -Ê$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 Elementary. 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 Childhood Program. 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 substitute teachers. Rita McDonald and Eva Savage were hired as non-certified substitute teachers. Karen Reeder was hired as a substitute cook. The assignments of AmeriCorps members were approved as follows: A.H. Roberts -ÊRebekah Melton; Allons Elementary - Amanda Dodson; Hilham Elementary -ÊHolly Coffman; Livingston Middle School -ÊSarah Story; and Rickman Elementary -ÊAmanda Bowman. Wilson Elementary had not yet been determined. Intermittent medical leave was granted to Susan Ledbetter through October 1. The meeting adjourned.
Overton County News
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