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Home My WebLink About1981-02-06-0920AM-Specialn COMMISSIONERS' COURT SPECIAL MEETING FEBRUARY 6, 1981 A special meeting of the Commissioners' Court of Brazos County, Texas, was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9 20 A M on Friday, February 6, 1981, with the following members of the Court present W A Stasny, Commissioner of Precinct 4, presiding Bill J Cooley, Commissioner of Precinct 1, Walter Wilcox, Commissioner of Precinct 2, Billy E Beard, Commissioner of Precinct 3, Frank Boriskie, County Clerk The following citizens and officials were in attendance John E Hawtrey Joe Taylor Tony Lapaglia Deidre Ann Linthwaite Carol Hartman Phyllis Presley Bill Davie Tammy Pardi Jann Snell W R Vance Travis B Bryan, III Judith Werlinger Attorney Citizen Citizen Lady T Massage Clinic Lady T Massage Clinic WTAW KAMU-TV KAGC The Eagle Attorney District Attorney Court reporter Commissioner Stasny opened the meeting and announced the purpose of this meeting was to consider the APPLICATION TO CANCEL MASSAGE PERMIT for the MASSAGE PARLOR PERMIT issued to Deidre Ann Linthwaite doing business as LADY T MASSAGE CLINIC and MASSAGER'S PERMITS issued to CAROL SUE BURNETTE HARTMAN, JOANNA LYN RYAN, and JILL L COOPER William R Vance was present to act as legal counsel for the Commissioners' Court. Judith Werlinger, Court reporter, was present to record the proceedings Travis B. Bryan, III, District Attorney was present in support of the Application, r I i l' ../r~vlrl ~ ~ vt ~wfl' `Z w ~ ~ ~ - r '1 , r~'v'~~ a~~rf •ti 1 "ti+~+~~ N _ i ~ r , I I r r ' 1 • I Y 1 ,H r .L ~.N.'~~L,7.~.~, ti ..Qau?~ ,,.~.,JG,.1- ~ ....r.r.~ .Wrl• r ~J•~"~r ~ -J. COMMISSIONERS' COURT MEETING - FEBRUARY 6, 1981 CONTINUED , Deidre Ann Linthwaite and Carol Sue Burnette Hartman were present and represented by their attorney, Mr John Hawtrey t f T Mr Hawtrey announced that he represented all parties named in the Application except Jill L Cooper and presented a motion to hear each application separately The motion was denied by the Court Mr. Hawtrey then made specific objections to the amended Application as follows 1 He objected to the cancellation of the permits under Section XIa, subsections 10, 11, 12 and 13 saying that there is no stated cause of action dealing with the, cancellation of permits or with appeals 2 He also made an objection saying there is no state- ment of authorized revocation proceedings which allows the Commissioners' Court to hear the cause The motions were denied by the Court Travis Bryan, District Attorney, called his first witness Mr Hawtrey objected to the testimony on the grounds that the witness' statement was not relevant The objection was noted Mr Hawtrey made a running objection to all testimony given by witnesses called by the District Attorney on the grounds of relevancy The objection was noted The Court heard evidence and arguments presented by both r sides The question before the Court was to grant or deny the APPLICATION TO CANCEL MASSAGE OPERATORS PERMITS. Mr. Hawtrey announced at this time that the Massagers Permit issued to Carol Sue Burnette Hartman had been voluntarily surrendered to the County Clerk and was no longer an issue. VOL 0 PAGE 4-5 0 r COMMISSIONERS' COURT MEETING - FEBRUARY 6, 1981 CONTINUED Y®LS-PAGE F On recommendation by Legal Counsel it was the consensus of the Court to consider the Massage Parlor Operators Permit and Massagers Permits separately whereupon Commissioner Cooley moved to cancel the MASSAGER'S PERMIT issued to CAROL SUE BURNETTE HARTMAN on the grounds that the permit was volun- tarily surrendered The motion was seconded by Commissioner Beard No action was taken as Commissioner Cooley announced that he withdrew his motion and requested the Court be advised of the action to be taken. After clarification of the action and procedures they were taking Commissioner Beard moved to cancel the MASSAGER'S PERMIT issued to CAROL SUE BURNETTE HARTMAN on the grounds that it was surrendered voluntarily and not on testimony presented The motion was seconded by Commissioner Wilcox and carried unanimously. Commissioner Beard moved to cancel the MASSAGE OPERATOR'S PERMIT issued to DEIDRE ANN LINTHWAITE doing business as LADY T MASSAGE CLINIC The motion was seconded by Com- missioner Cooley and carried unanimously The Court was then advised that the remaining two Massager's Permits could be cancelled on the grounds of the Application or on the grounds that the Operator's Permit had been cancelled. Whereupon Commissioner Cooley moved to cancel the MASSAGER'S PERMIT issued to JOANNA LYN RYAN doing business under the LADY T. MASSAGE CLINIC. Motion was seconded by Commissioner Beard and carried unanimously On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court unanimously voted to cancel the MASSAGER'S PERMIT issues to JILL L COOPER doing business under LADY T MASSAGE CLINIC It is therefore ordered that the Massage Operator's Per- mit heretofore issued to Deidre Ann Linthwaite doing business 4 rt -t ~ ~ n t ar 3 T~,PtTZ,.st6°~-+e n~ ~ ..--,ee••~rt.'MT'~•,P'f'yY^ ~i}~ n . 5 ..+-.r ~..~!-'-~.r^s~..r+- Va r ~ • ~ rr~ 4 ~ • f ~ 1 f i COMMISSIONERS' COURT MEETING - FEBRUARY 6, 1981 CONTINUED as Lady T Massage Clinic is hereby cancelled and the Massager's Permits issued to massagers doing business under the Lady T Massage Clinic Permit for Carol Sue Burnette Hartman, Joanna Lyn Ryan, and Jill L. Cooper are hereby cancelled Mr. Hawtrey then presented to the Court a Supercedeus Bond and an Appeal Bond No action there on was taken by the Court There being no further business to come before the Court, }i L i I t I t 1 1 .f ~i I a e the meeting was adjourned VOL OPAGE 49 G PACEVotL .1y3 H The foregoing minutes have been examined and approved in open Court this the 9M day of 1991 , in Bryan, Brazos County, Texas i ))aL 6a) - green County Judge Walter Wilcox Commissioner, Precinct 2 A tasny Commissioner, P ecinct 4 B o ey Commis oner, Precin 1 Billy Bear Commissioner, Precinct 3 OF-ran Bor s i.e County Clerk } r~ , 4 9r ~tq ' 1I ~ tL ~ ~ • I 1 ' 1 yR1 1 "I f l , ' 'v 1 'l f h ~ \ , / 1 ~a~. iit ~ ~r~~~..__ V ~ ~r L -.mil t-- ~ , l f / I • L 1 ~ / ( 1 1 1 , ~ f F` t ys f I ~ 1 + 1 1 1 1 I I [ ~ + r 1 I f y L r IL ; r Ik ,I I' f I 4 I I ~ 1 I d !1 1 1 I1 ' 11 + ~ y ` 1 4 + I t + 1 1 _ f / ~ 1 l r 1 1 ~ t ~ I t I t t r , ~ ~ L r r + I I 4 t t t I~ t