|Staff Photo / Aaron Winstead
& Commissioner Rob Blevins
|Attorney Herb Moncier Pushes For Due
Process in Palmer Beer License Case
The Jefferson County Beer Board met directly following the County Commission on Monday, September 19, 2011.
Jefferson County Attorney Drinnon addressed the Board regarding the license to sell beer that was issued to Steve Palmer, owner of Dexfest.
Herb Moncier, attorney for Palmer, stated that Palmer had received no citation and that due process laws require notice and the right to be heard. He requested that the Board instruct the County Attorney to list the charges and allow Palmer to come back in 30 days to address the charges. He stated that Palmer was entitled to a citation and notification and time to prepare. He also stated that the agenda did not address the issue.
Drinnon stated that there was notification in the paper.
Board Member Barreiro asked if it is common to send notification beyond the newspaper notification.
Rick Farrar, County Court Clerk, stated that an extension of time had been requested by Rebecca Sloan, attorney for Palmer, and granted previously.
Moncier stated that the newspaper notification does not state charges.
Drinnon stated that the Commission had requested a report of what occurred at Dexfest and the Sheriff had advised that a number of crimes had been
committed, including the sale of beer to minor. Due to this information, the beer license had been placed on the agenda. He said that proof will show 2 arrests of sales to minors with one plea.
Estes' motion to allow Moncier 5 minutes for an opening statement (2nd Griffith) was denied.
Witnesses were sworn in. Sheriff McCoig stated that he had taken measurements of where the beer would be distributed and met with Palmer and attorney Sloan to recommend security measures. He assigned Deputies to the area across the street .
Moncier asked if the Sheriff wanted him to hire County deputies for the event, though Palmer had contracted with a private company for 23 employees.
Sheriff McCoig wanted Palmer to hire 4 deputies, however he only hired 2, which were stationed at the gate.
Moncier questioned why the deputies did not prevent those who were impaired from leaving the event. He questioned how many were stopped outside the gates.
Sergeant Monty Brown was a witness. He stated that he had worked at the festival and that beer was sold to minors at the event.
Moncier questioned if there was one color of arm band was given to everyone and asked Brown if he was sure that there was not a separate color for over 21 years of age.
Palmer stated that the model used for the beer sales was from Saturday Night on the Town. He stated that a black band was for over 21. One wrist band was given for admission to the event and a second was given upon ID check for beer sales. ID’s were checked and a wrist band given, then beer tickets could be purchased. He said that he had hired the deputies to keep intoxicated people from leaving the gates and fired them when they allowed people to leave - resulting in them being stopped by the police. He said that the property was fenced to allow minimum access.
Drinnon confirmed that the 2 deputies from the Sheriff’s Department were fired from Dexfest on Saturday.
Sloan stated that she had been present during Dexfest and that different colored bands were given. Black bands signified that ID had been presented and that the recipient was 21 or over.
Board Member Beeler stated that we have a Responsible Vendors Act and made a motion to suspend Palmers beer license for 7 months. 2nd Tucker - Passed.
The meeting was Adjourned.
at the Historic Jefferson County Courthouse.
The meeting was called to Order.
The first order of business was the nomination and election of
County Commission Officers. Nominations were opened for the
position of Chairman of the Commission. Commissioner Mills,
Jefferson County Mayor Palmieri and Commissioner Scarlett were
nominated for the office. Mills and Palmieri accepted the
nomination, however Scarlett declined the nomination. Commissioner
Mills was reelected to the position of Chairman of the Commission.
With no opposing nominations Commissioner Griffith was reelected
to the position of Chair Pro Tempore, Commissioner Estes was
reelected to Parliamentarian and Commissioner Tabor will serve as
Approval and Correction of the Agenda and Approval of the Minutes
Eight Citizens appeared before the Commission. Elizabeth Finchum
spoke to the need for Commission support for raises for School
System support and non instructional staff.
Janet Drass Talbott and Kathy Rideonour, both from District 8,
gave support for the proposed Outdoor Music Event Resolution.
Richard Rideonour passed his time to Janet Drass Talbott..
Mr. Kendall gave a construction update on Stonebridge.
Mr. Basin request relief from Dirt Bike noise and enforcement of
Disturbing the Peace Ordinance.
Mr. Kramer stated that the Strawberry Plains Library needs to
remain in close walking distance to the school.
Mr. Palmer, owner of Dexfest, spoke against the proposed Outdoor
Music Event Resolution.
Upon a Motion from Commissioner Blevins and 2nd by Commissioner
Tucker the Commission voted to accept and present Resolution
2011-39 to JCHS Senior Aaron Winstead for his First Place Win in
the Teen Division of the 2011 Knox Bodybuilding Classic. Winstead
was presented with the Resolution.
Upon a Motion from Estes and 2nd from Scarlett the Commission
approved the Notaries and Bonds.
Nominating Committee Chairman Carmichael presented Commissioner
Cureton and citizen Greta Blevins to the Commission for placement
on the Animal Control Oversight Board. They were unanimously
accepted. Chairman Carmichael stated that citizen applications for
committee appointment will be accepted by the Nominating
Committee. Open positions will be advertised. Nominating Committee
accepted appointment worksheet handouts from Commissioners
requesting placement on particular Committees.
Jefferson County Mayor Palmieri presented a Proclamation to former
White Pine Student and Current JCHS Freshman Lauren Collins for
her outstanding documentary which won first place Nationally.
Collins accepted the Proclamation and thanked the Commission and
the Mayor for the honor.
The Mayor informed the Commission that paperwork for the lease of
the hospital to HMA will be completed and ready for action on
Wednesday, September 21, 2011.
Budget Committee Chairman Scarlett presented a budget amendment
for $45,626 which was rolled into fund balance from insurance
payment to Sheriff Department for auto repairs to be moved to
allow the Sheriff’s Department access to the fund.
Scarlett informed the Commission that the Budget Committee will
address the issue of employee Bonus in October.
Building Inspection Committee Chairman Carmichael stated that
extensive work will need to be done to reconcile differing Codes.
Scarlett made a motion to refer to Building Inspection Committee .
2nd Estes and Passed.
Under New Business, Commissioner Barreiro made a motion to accept
the Union Hall Building for, as of yet, undecided public use, with
no action for movement of the Library. Motion died for lack of
Commissioner Blevins made a motion to postpone action on the
Senior Center in Strawberry Plaines until the October meeting for
more input from the parties involved. 2nd Kesterson - Passed.
Chairman Mills brought the issue of a $12,000 credit with
Appalachian Electric and direction for use of that credit.
Scarlett inquired if there was a time limit associated with the
credit and Mills informed that there is no pressing time limit. No
action was taken.
Commissioner Estes moved to reaffirm non profit appropriations.
2nd Scarlet -Passed.
Commissioner Turner made a motion to reinstate the Facilities
Committee. 2nd Beeler
Turner stated that with the current building projects, he felt
that a Committee to investigate facility needs was in order.
Commissioner Griffith said that a Committee to bring
recommendations to the Full Body would be prudent. The Motion
Commissioner Turner made a motion to reconsider the scope of the
E-911 project and reduce funding for the project . The motion
included a $1.5 million cap on the project and to fund only the
E-911 portion of the project. 2nd Griffith - motion Failed 7-13
Commissioner Tucker made a motion to reconsider funding for the
Highway Department paving. The motion included taking $400,000 of
the nearly $2million that was released from the recent hospital
suit and put toward paving. 2nd Barreiro.
Commissioner Estes amended the motion to refer the issue to the
Budget Committee. 2nd Turner - passed
Tucker made a move to suspend the rules. 2nd Barreiro - motion
Tucker made a motion the earmark property tax that will be paid by
the new hospital lease to the County for paving of County roads
and pass request to Budget Committee. 2nd Barreiro- Passed.
Commissioner Tucker moved to ask attorneys to bring back options
for reducing County Commission numbers in the form of an education
sheet. 2nd Griffith
Commissioner Dockery amended the motion to include information on
term limits. Amendment died for lack of 2nd.
County Attorney stated that reducing numbers on the Commission can
be done through redistricting or through County Charter.
Commissioner Turner moved to postpone indefinitely. 2nd Solomon -
motion Failed. The original motion made by Tucker also Failed.
Upon a motion from Scarlett and 2nd Hubbard the Commission passed
Resolution regarding Capitol Outlay Notes for Sanitation
The Commission voted 14-6 to accept the recommendation from the
Redistricting Committee for a Reapportionment/ Redistricting Plan
for Jefferson County.
Upon a motion from Estes and 2nd from Scarlett the Committee
approved Resolution 2011-43 and Resolution 2011-37.
Commissioner Solomon made a motion to approve the Outdoor Music
Event Resolution. 2nd Beeler
Dockery made a motion to amend to strike “ or portion there
of” 2nd Scarlett - Passed.
Barreiro made a motion to amend the amendment to allow music that
is not audible (headphone usage) 2nd Tucker - Failed.