New Braunfels Herald Zeitung (Newspaper) - April 24, 1985, New Braunfels, Texas
In limboFlood map fight costly, confusing to property owners
By DANA STELL Staff writer
The fight began a year ago, and it hasn’t gotten any cheaper. But it’s still as confusing as ever.
The battle is over federal flood maps, and it’s far from over. And until the matter is resolved, the city and property owners along the Guadalupe and Comal rivers don’t know what to do.
The city’s planning department is unsure of which elevation maps to use in issuing building permits until an appeal of the federal flood elevation maps is settled.
Carter Casteel and Rob Eversberg, who are spearheading a private appeal to the Federal Emergency Management Agency, say this week they are waiting on word from the agency on what to do until the appeal is heard.
Last August, after a five-year study, FEMA issued revised maps of this area showing new flood plain elevations and designating a floodway, in which construction is strictly regulated and almost prohibited.
Three months later, however, engineers hired by the group of property owners appealed those maps, saying the FEMA engineers used incorrect data in calculating base flood elevation. The appeal maps show substantial differences in elevation.
Espey, Huston and Associates — hired by the property owners group — submitted maps of their own to FEMA, which is now reviewing the appeal data.
In the meantime, the city planning department still has property owners wanting to build and nobody knows whether to use the old 1976, pre-FEMA-review maps; the 1984 allegedly incorrect FEMA maps; or the Espey, Huston appeal version.
“What our problem is,” said City Manager Joe Michie, “we’ve got new maps, then we’ve got appeal maps, and if someone walks in today and wants a building permit and they’re somewhere in between the two lines, it can make a great deal of difference on what they can and cannot do, depending on which map you use.”
So, Michie and Planning Director Mike Shands asked FEMA to determine which map to enforce and how long the agency believes the appeal review will take.
“By the middle of May,” said Casteel, “we hope to have some ground rules on the interim; what rules we play by and which maps are enforced until the appeal
Michie said there have not been many problemsSee FLOOD, Page 12A
— See Page 1C
New Braunfels. Texas
Vol. 94-No. 81
April 24,1985 25 Cents
30 Pages —3 Sections
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Traffic backs up behind the wreck scene on Interstate 35 this morning ^ ‘ KHttVVAu»i
Man pulls victims
Comal Riv«> 262 cf* 'down 8
Canyon inflow 654 eft (down 23i
Canyon Dam outflow 470 cf* tug 11 i
Edwaidt Aquitai 624 88 idown 07>
Canyon Lake level 902 74 tup OII
Sunshine should fill the sky today, becoming fair and mild by tonight. Possible early morning clouds Thursday won’t stay around too long, with an afternoon forecast of partly cloudy and warm. Winds will be from the southeast at 10-15 miles per hour today and Thursday, decreasing to 8-10 mph tonight.
Ervin, Hughes dead at 88
Helms: 'Giant has fallen'
WINSTON-SALEM, N C. API -The death of former U S. Sen. Sam J. Ervin Jr., the "country lawyer” who presided over the Watergate hearings that led to the resignation of a president, has cost the nation a “towering historical figure” who championed the Constitution.
Ervin. 88. died of respiratory failure Tuesday at North Carolina Baptist Hospital’s Bowman Gray Medical Center, said hospital spokesman Roger Rodman Kidney failure contributed to lus death. Kollman said.
A critic of the civil rights movement and a supporter of individual civil liberties during his 20 years rn the Senate, Ervin was hailed by former Gov. Jim Hunt as a man who "loved the Constitution more than any man alive today.” "He protected it during its time of greatest crisis and helped write history for our state and nation,” Hunt said ’ He will truly be recorded as a towering historical figure and all North Carolina will forever be proud of him.”
Sen. Jesse Helms, R-N.C., who called Ervin his mentor, adviser on constitutional matters and friend, said, "A giant has fallen ... dedication. I’ve never known a more remarkable American than Sam Ervin ”
U.S. District Court Judge John J. Sirica, who presided over trials involving the break-in at Democratic party headquarters in 1972 and the subsequent White House coverup, said: "I was very fond of him and admired his patriotism, his dedication to lus work and above all, his courage.”
See ERVIN, Page IZA
Hughes gave oath to LBJ
DALLAS IAP) - U.S. District Judge Sarah T. Hughes, who swore in Lyndon B. Johnson as president after the 1963 assassination of President John F. Kennedy, has died at the age of 88.
Mrs. Hughes, who had been appointed to the bench by Kennedy, died about ll p.m. Tuesday at Presbyterian Hospital, said Lois Swan Jones, an aide to Mrs. Hughes
Mrs. Hughes had not heard any cases for three years after suffering a massive stroke and entering a nursing home, Ms. Jones said. She was hospitalized in February , the aide said.
She swore rn Johnson, a fellow Texan, as president aboard Air Force One on Nov. 22, 1963, after Kennedy was pronounced dead from a sniper’s bullet.
"I’m sure shed like to be remembered for swearing in Lyndon Johnson, but she’d also like to be remembered for some of her good judicial decisions,” Ms Jones said.
She launched her political career with a successful bid for the statehouse in 1930 and was reelected twice. In 1935, she became the first woman appointed a state district judge in Texas and was reelected seven times before Kennedy named her to the federal bench in 1961
Mrs. Hughes was a women’s rights activist w hose best argument was her own success at law and politics. Impudent lawyers, doubletalking witnesses and political opponents learned to fear and respect her.
See HUGHES, Page IZA
Board suggested to regulate bail bondsmen
By LILLIAN THOMAS Staff writer
County officials are considering creating a bail bond board and will hold a spec ial meeting at 8 a m. Thursday at the Courthouse.
A ball bond board may be created to license bail bondsmen by a Texas statute, but is not required right now of counties with less than 110,000 people.
County Judge Fred Clark called the meeting, but may not be able to attend.
“I looked into the creation of a bail bond board back when I first got in office and I am still interested in the idea,” Clark had said in an earlier interview.
"But it had to be put on a back burner because of other projects that took higher priorities: the jail construction, the annex construction, getting control on subdivision regulations,” he added. “It’s been very busy.”
Sheriff Walter Fellers, County Court-at-Law Judge Ronald Zipp, Martin Allen, representing the district judges, County Comissioner Bill George, representing commissioners court, district Attorney Bill Schroeder, and Justice of the Peace Harold Krueger, representing the justices of the peace, will attend.
Earlier this month a petition circulated among county official! to create a bail bond board, which was presented to commissioners The petition reads:
“The business of executing bail bonds has been statutorily declared to be a business affecting the public interest.
“Reasonable regulation of bail bonding business in Comal County needs to be instituted for the protection of
the public and taxpayers.
“There is currently no regulations being enforced to assure that individuals in the bonding business have the financial backing to pay forfeited bonds, nor that such individuals have a background that insures honest and fair treatment of parties seeking bonds.
“Art. 2372P-3 Section 3 in regard to standards and Section 9 in regard to forfeiture of license are minimum standards that should be met by bonding businesses in Comal County.
“We the undersigned call for a majority of the county commissioners to vote for the implementation of a bail bond board and appoint seven members thereto and adopt as the rules and regulations of bonding in Comal County those set in ( the above mentioned article of Vernon’s Statutes.)
Zipp, Fellers, Schroeder, Justice of the Peace Fred Stewart, County Clerk Rosie Bosenbury, District Clerk Hazel Kuhn, and County Attorney Bill Reimer signed the petition.
District Judge Robert Pfeuffer said, “As a trial judge I am concerned about anything that takes away from our time on the bench, what we were elected to do. I’m not coming out against this, nor am I coming out to endorse this. I agree we need some regulation of the bail bond business.”
The more non-judicial assignments that the county officials put on the judges, the more liability the judges are exposed to. And that chips away at our time to spend in the courtroom, the judge said.
See BAIL, Page IZA
NBISD seeking landmark for school
New Braunfels ISD trustees Tuesday agreed to try to get a Texas Historical landmark designation for the old Mill Street high school.
Steve Tillotson, an architect with the Andrew Perez Architect firm, explained that the current Texas Antiquities Code stipulates that to destroy a historical landmark, the district would be required to give 60 days notice to the Texas Historical Commission.
“The original law did have some restrictions in it, but after tile El Centro College case, the Antiquities Code was overturned by the (Texas) Supreme Court, and there really isn’t much restrictions left,” Tillotson explained.
It would mainly put the building on the city historical tour, Superintendent Charles Bradberry said.
"We will submit this through the Comal County Historical Commission,” Tillotson said. "There will also be a site marker for the old academy. The City Council PTA is doing the research for this and I am working with them.”
The trustees also set the timetable for concerting the old Mill Street school into administrative offices:
announcement for bids will begin May IO, and bids should be returned by June 6.
In other business, trustees approved 19 new positions for next year, including 12 for the instructional staff.
These staffing requirements are only for September and may have to be amended later, but three reserve teaching positions are in the plans: one for secondary level and two for elementary because (rf the growth projections and the class size mandates of House Bill 72.
New Braunfels High School is expected to increase from 1262 students to 1,337 students with its largest increase (49 students) in the freshman ciass. Though no additional staff is planned, the reserve position may have to be hired before the end of the year.
“We have cut some positions, so though the numbers show no increase in teachers:, we may just need to add back in some,” Bradberry said.
Elementary schools will need six new teachers, all in kindergarten through second grade due to H.B 72’s
See NBISD, Page IZA
By DEBBIE DeLOACH Staff writer
Firemen treat two of the injured passengers
Six persons escaped serious injury when their van collided with a cement truck and caught fire on Interstate 35 this morning.
Dame! Rodriguez, Brian Frank, Janie Hernandez. Albert Contreras, Gabriel Rodriguez and Robert Rosas were all in stable condition at McKenna Memorial Hospital, as of press time today. A hospital spokeswoman said evaluations had not been completed yet, but injuries detected so far were not serious.
Department of Public Safety
See WRECK, Page 12A