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Updated Monday, November 17, 2008 9:43 PM
Cell phone use banned in Denison school zones; takes effect in August
BY LYNETTE GEORGE
HERALD DEMOCRAT
The banning of cell phone use in school zones and a decision on whether or not to continue the council's twice monthly work sessions brought much discussion during Monday's meeting of the Denison City Council.
Councilors were presented with two possible ordinances regarding cell phone usage while driving in school zones. The discussion came after receiving a request earlier this year by Denison ISD Superintendent Henry Scott. He asked that the city make it illegal for drivers to talk on cell phones while driving in a school zone.
One ordinance prohibited the use of all cell phones, including hands-free units. The second ordinance banned only the use of a hand-held cell phones.
David Arbuckle of AT&T was on hand to speak to councilors at the meeting.
"There's still a lot of data being gathered, which is why we're neutral on this issue ... The data is still out on which method of cell phone use is the safest," said Arbuckle. "But there are about 17 bills in the Texas legislature right now ... Something could come out of these."
Arbuckle noted that about 20 area schools have passed a cell phone ordinance, the most recent being McKinney. The ordinance passed by McKinney prohibited hand-held cell phone devices, but did not address hands-free or earbuds.
In a 5-1 vote, Denison councilors voted to adopt the ordinance banning the use of hand-held phones. Councilor Jared Johnson was the only nay, citing that he wanted all phones, including hands-free and earbuds, to be banned in school zones.
The new ordinance will take affect on Aug. 1 of this year, giving the city enough time to put up signage and to get the word out about the new law.
A tied vote negated a request for the council to cease its twice-monthly work sessions, held on Wednesdays prior to Monday council meetings. Denison Mayor Robert Brady said the idea of eliminating the work sessions came about as a way to save councilors and staff some time.
Speaking against canceling the work session was one local citizen who said she's been attending both the work sessions and council meetings for more than a year.
"I'm aware of how difficult it is for the councilmen and how this takes away from your family time, but I feel it's important to make yourselves more available rather than less available," said the concerned woman. "Citizens aren't allowed to speak at the work sessions, except on special occasions. If we want to have input on decisions you've been mulling over, we've got a chance to do that between the work session and the Monday meeting ... I think you need to allow citizens' input at the work sessions."
Councilor Jim McClure asked the woman if posting a preliminary meeting agenda earlier would help.
"It might help, but citizens benefit from listening to the debates in the work sessions. We get as much from listening to you guys work as you do from our input," said the woman. "There's so many things the council does that are behind closed doors already, that canceling the work sessions wouldn't be beneficial."
Brady quickly addressed the woman's last comment, noting that, "There's very little that goes on behind closed doors and there's nothing decided (behind closed doors)."
Councilors Obie Greenleaf, Michael Baecht and David Spindle all commented in favor of keeping the work sessions. Johnson suggested putting out the agenda package 10 days in advance of council meetings, giving both the councilors and the public time to get more facts and research. Johnson also noted that, at the last work session, no citizens were present. Johnson seconded McClure's motion to end the work sessions, but asked that it be amended to read that it would be for a 90-day trial period at which time the effectiveness of not having the work session would be addressed. The motion, with the amendment, failed to pass.
In other business, the council voted to accept a $14,500 grant from the Clara Blackford Smith & Aubrey Smith Foundation. As reported to councilors by Sharon LaFitte of Denison Parks and Recreation, the money will be used to improve the Smith Indoor Practice facility which is housed at the former National Guard Armory building at Culpepper Softball Park and serves Little League, Pony League and Girls' Softball programs. The money will be used for a sewer for a restroom, the replacing of two roll-up doors and additional practice baseball and softball equipment.
Councilors also approved the off-season team usage fees for the practice facility. Three packages will be offered -- $25 per hour single package, $50 per hour triple package, and $60 per hour "grand slam" package. The goal is to generate revenue from the off-season fees to pay the personnel fees for leagues and to offset operation, maintenance and improvements.
In other business, the council approved a request by local developer Hershel Hogenson to change the zoning of property in the 2900-3000 block of Loy Lake Road from agricultural to commercial. Hogenson plans to divide the land into 12 lots for businesses.
No action was taken during an executive session to discuss negotiations with Schuler Development and a claim by Jeff Barrier regarding demolition of a structure.
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