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By Buzz Trexler

Star Correspondent

Elizabethton City Council during Thursday night’s regular meeting unanimously approved 1st Judicial District Criminal Court Judge Stacy L. Street as acting Elizabethton Municipal Court judge.

With no discussion other than to establish the wording of Councilman Richard Barker’s motion, council members took the action in accordance with the City Charter because Jason Holly, the incumbent judge who was reelected in November, remains without a valid law license and is unable to hold court. The charter provides for the appointment of an acting city judge due to the absence or inability of the city judge to serve.

Holly was battling Teresa Murray Smith in a race to hold his seat in the Nov. 5 General Election when a little more than a week before Election Day the state board filed notice that his law license was temporarily suspended due to a failure to answer three misconduct complaints. The ballot was set, and Holly defeated Murray Smith, 3,030 votes to 1,876. Despite his victory, Holly was not among those being sworn in on Nov. 26; in fact, he was not present.

Still, Holly could have his temporary suspension lifted.

Under judicial Rule 9, 12.3(d), an attorney who is under temporary suspension “may for good cause request dissolution or amendment of any such order of temporary suspension by filing in the Nashville office of the Clerk of the Supreme Court and serving on Disciplinary Counsel a Petition for Dissolution or Amendment.”

Council members also approved on first reading zoning ordinances changes passed last week by the Elizabethton Regional Planning Commission. Among those were a change in maximum height requirements for structures — from three stories and/or 35 feet to six stories and/or 75 feet — in the B2 Arterial Business District. The change was among those in a list of what Planning and Economic Development Director Rich DesGroseilliers called “housekeeping” items that included correcting typographical errors and matters of consistency.

Also approved on first reading was a change in the ordinance allowing occupied trailer coaches in approved trailer courts and certain areas to remain for 180 days as opposed to 30 days. The change is in effect until July 1, 2025, at which time it will revert to 30 days. The proposed change, staff said, was due to the original wording, which said “temporary,” a word that was not defined in the City Code. 

 

In making the recommendation to change the code to 30 days while allowing for 180 days until July to assist in recovery from Tropical Storm Helene, staff said it was to “match up with FEMA (Federal Emergency Elizabethton Regular Session Agenda Item Summary Management Agency) and Tennessee Department of Environment and Conservation (TDEC) requirements.”

During the public comment period, council members heard concerns from Preston Whitehead, co-owner of East Tennessee RV Park, and residents of that community, regarding not only the 30-day occupancy rule, but rules regarding the construction of access ramps, which City Manager Daniel Estes said was not part of the ordinance under consideration.

The change was approved 6-1 on first reading, with Councilman Kim Birchfield casting the no vote. Councilman Wes Frazier was absent.

The meeting was the first over which William E. “Bill” Carter presided as mayor, along with newly elected Mayor Pro-Tem Michael G. “Mike” Simerly, and newly elected Councilwoman Deborah Gouge.