Commissioners Bid Adieu To Simmons, Table Repeal Of '300 Foot Rule'

By Shannon McFarlin WENK/WTPR News Director
Paris, Tenn.—The Henry County Commission bid adieu to long-time Administrative Assistant Debbie Simmons with a standing ovation, tears and hugs and welcomed her replacement Treva Kelleher to her new job at Monday night’s meeting.
Both Simmons and her husband, Rev. Larry Simmons of First Baptist Church in Paris, have retired and plan to travel in the coming days and weeks.
County Mayor Brent Greer said, “These have been my best years of having a business relationship. I truly appreciate all that she has done and I will miss her and the community will miss her.”
Kelleher said, “I have big shoes to fill and I look forward to immersing myself in Henry County” with the new job.
The commission also had a new make-up with new member Jerry Berry and former member Rev. James Travis back on the board.
After lengthy discussion, the commission also unanimously voted to table a decision on whether to repeal the 300-foot rule pertaining to the issuance of beer permits.
The proposed resolution said the county legislative bodies “may forbid the sale of beer within 100 feet of a residential dwelling, measured from building to building; provided that the owner of the residential dwelling appears in person before the county beer board and objects to the issuance of such permit.”
The proposed resolution stemmed from the denial in August by the county beer board of a permit for the Green River Lounge, formerly the Dry Dock Grill, in Buchanan, which has a new owner. Objection had been raised by the next-door neighbors.
County Attorney Rob Whitfield explained that the denial was made on the basis of the 300 foot rule. Later, the same owner reapplied for a permit, with attorneys Robert Hawley and Hansel McCadams, who argued that there was inconsistent enforcement of the 300 foot rule by the county and that the permit should be grandfathered permanently.
The neighbors objected again, but the beer board this time issued a permit to the new owner.
Whitfield said the law says enforcement must be consistent and said the county “could eliminate future litigation if we remove the 300 foot rule.”
Whitfield made clear that he was not proposing public policy. “The purpose of the resolution is to take us out of this zone of confusion. My responsibility as your attorney is to point out this issue. We need to focus on the future and move forward and bring clarity on this issue. The law is clear that if we have this rule, it has to be enforced uniformly or not at all.”
Commissioners Paul Neal, Jerry Berry, Marty Visser and Kenneth Humphreys objected to the repeal. Whitfield said, “I understand your public policy concerns, but it’s my job to warn you of potential legal issues not public policy.”
Humphreys made a motion to table the issue. Greer noted after the unanimous vote that the resolution will remain alive but will not be brought back to the table unless action is taken by the beer board.
In other business:
–the commission set rules of procedure for conducting special elections to fill the office of 4^th District Road Board member and 4^th District constable. The elections will be held at the commission’s October meeting and anyone wishing to be considered for the positions can contact the County Mayor’s office. One candidate already has stepped up for the Constable position: Neeley Owens; and one candidate is in for the Road Board position: Leroy Morris.
–the commission appointed members to numerous boards and committees and reappointed Whitfield as County Attorney and reappointed Greer as chairman of the commission.
 
 
 
 

Photos: New Administrative Assistant Treva Kelleher is welcomed as commissioners say goodbye to Debbie Simmons, seated. New line-up on commission: James Travis, second from front, welcomed back and new member Jerry Berry at end of table (from front, David Webb, Travis, James Copeland (hidden), Kenneth Humphreys, Paul Neal, Berry, Drew Williams, Monte Starks). (Shannon McFarlin photos).