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New Braunfels Herald Zeitung (Newspaper) - August 25, 1987, New Braunfels, Texas Page 2 Herald-Ze/funp New Braunfels, Texas Tuesday, August 25,1987 Weather County Water Watch Comal River................... 396 cfs (down ll) Canyon Lake inflow............860 cfs (down 53) Canyon Lake outflow............818    cfs (down I) Canyon Lake level............910.37*    (down .24) Edwards Aquifer..............628.00 (down .10) * Because of the high lake level, repairs to four of the Corps of Engineers parks and several boat ramps are now taking place. Boat ramps at Jacobs Creek, Comal Park, and Cranes Mill are open. North Park and Jacobs Creek Park are open for camping and portions of Cranes Mill Park are open to the public. Forecast SOUTH TEXAS: Partly cloudy and hot days, fair and warm at night through Wednesday with widely scattered daytime thundershowers along the coast Highs 90s except IOO to 104 Rio Grande plains. Lows mostly in the 70s except lower 80s along the coast NORTH TEXAS: Partly cloudy tonight and Wednesday with widely scattered thunderstorms west, northwest and southeast sections. Not quite so hot Wednesday Lows tonight TI to 77 Highs Wednesday 94 to 98 WEST TEXAS:    Scattered showers and thunderstorms mainly Big Bend, far west and Panhandle through Wednesday with possibly some local heavy rains Precipitation activity less through Concho Valley Highs Wednesday mid 80s Panhandle to mid 90s Concho Valley and near IOO Big Bend valleys Lows tonight lower 60s upper Panhandle to upper 60s Concho Valley and lower 70s Big Bend plateaus PORT ARTHUR TO PORT O'CONNOR Tonight southeast wind near 15 knots Seas 4 to 6 leet Isolated thundershowers Wednesday south wind near 15 knots Seas 4 to 6 feet Widely scattered thundershowers PORT O’CONNOR TO BROWNSVILLE Tonight southeast wind near 15 knots Seas 4 to 6 feet Isolated thunder showers Wednesday southeast wind near 15 knots, stronger and gusty near shore Seas 4 to 6 feet Widely scattered thundershowers Extended forecast SOUTH TEXAS Partly cloudy and warm days generally fair and mild nights Thursday through Saturday with little or no precipitation expected Daily lows in the 70s except near Ho coastal plains Dailv highs in the 90s NORTH TEXAS Fair Thurs day Partly cloudy Friday and Saturday with slight chance of thunderstorms in the North Highs will be in the mid to upper 90s Lous will be in the low to mid 70s WEST TEXAS A chance of thunderstorms with no significant temperature changes. Panhandle and South Plains, lows in lower 60s. Highs in mid 80s. Permian Basin and far West, lows mid 60s and highs around 90 Concho Valley, lows in upper 60s. Highs in the lower 90s Big Bend, lows in the 60s Highs upper 80s mountains to upper 90s along the Rio Grande The state Partly cloudy skies, warm to hot temperatures and scattered showers and thunderstorms are forecast across Texas through Wednesday. A high pressure system aloft was the state's main weather-maker. but a low pressure system at the surface caused showers and thunderstorms to linger today along the Texas-New Mexico border in extreme West Texas and in the Panhandle Forecasters say the showers and thunderstorms could be expected over most sections of the state through Wednesday, but said they would be scattered to w idely scattered with many areas not expected to receive any significant rainfall Lows tonight will be in 60s in the Panhandle and extreme West Texas and in the 70s over the rest of the state Highs Wednesday will continue to be warm to hot. mostly in the 90s with a few readings reaching above IOO in North Central Texas and extreme southern portions of the state Early morning temperatures were mostly in the 70s. ranging from the 60s in the mountains of Southwest Texas to the 80s in North Central Texas Extremes ranged from 68 at Marfa in the Davis Mountains to 88 at Grand Prairie in the Dallas Fort Worth area other early morning temperatures around the state in eluded 69 at Amarillo 77 at Wichita Falls Ho at Fort Worth 81 at Waco 77 at Austin 78 at San Antonio and Corpus Christi 75 at Houston 79 at Brownsville 76 at San Angelo. 72 at Lubbock and Midland and 66 at El Paso Claim Continued from Page I The plaintiffs and personnel employed by the plaintiffs have been the recipients of vilification, ostracism and other unpleasant actions and activities on the part of city personnel, under the manifest guidance and control of the city manager and the parks director dur mg the ensuing months after the city took the operation of Prince Solms Park “The city manager, the city parks director and the city's employees under the guidance of such persons have made slanderous remarks con cerning the tube rental operations of the plaintiffs, although the plaintiffs have at all times been honest in their dealings with both the public and the city and have abided by long established practices of the conces sionaires operating tube rentals along the Comal River as established from 1978 to date Further plaintiffs would show that defendant Marcus Tonish has circulated statements in the com munity to the effect that plaintiffs are guilty of the crime of theft Short 1% after the plaintiffs were ousted from the posssession and operation of Prince Solms Park defendant Mar cus Tonish made the statement • how do we keep the Hampton s from stealing our tubes''”, and has con tinned to accuse the Hamptons of stealing the inner tubes to which he refers ” Richard Hampton Tuesday refer red all inquiries to their attorney Marion J Borchers Borchers Tues day said he could not as a matter of attorney ethics, respond to any in quiries from the Herald Zeitung Continued from Page I agriculture and horticulture and the more than 400 youth now enrolled in 4-H programs. County Judge Fred Clark said he is wary of granting money to fund a position that has been abandoned by the state Clark said that asking the county to fund a state position is equal to the Department of Public Safety asking commissioners to pay for another trooper becuase the state refused to give them more money “Where do we draw the line9” he asked. “Where do we stop9” Extension service district directors are expected in Comal County this afternoon to meet with commissioners and explain the extension program On Thursday, commissioners will be again consider the request during the IO a rn regular session Commissioner Clyde Jacobs said he does believe the emphasis of the extension agent needs to go from agriculture to youth because there is no longer as much income from agriculture as there once w as Legalization of pari-mutuel betting w as another issue discussed in commissioners' court Thursday as Commissioner JI. “Jumbo” Evans com mented that a statewide vote for a constitutional amendment would be held in November Evans said he would like to have Comal County take the local option to vote on legalized horse racing and see what the local citizens think especially because the Dutchman Downs race track in the fairgrounds would qualify for betting if betting were legalized The issue of pan mutuel betting on horse races will receive an order for a local vote to be placed on the ballot by commissioners court A resolution and a tax abatement agreement regarding the Wal Mart Distribution Center was unanimously passed by commissioners with the Chamber of Commerce Executive Vice President Tom Purdum on hand to answer questions Purdum said recent contacts with the Wal Mart Corporation indicate tile center will Ik* built allowing tor expansion in the future other action by commissioners Thursday included appro\al of a line item transfer within the maintenance of building budget approval of the proposed Bulverde Road right of way map The vote was fourto-one with Evans casting a no vote on the grounds th.d he did not entirely approve of the con copt authorization of requesting bids for street and drainage im pavements to Country Drive and ac ceptance of two drainage easements in Countryside Estates I nit 2a extension of letter of credit for Rancho del Lago, phase 12 approval of correction plat for Hunter s Creek Unit I I aits I and 26 block 2 a vacate and repiat approval of Eagles Peak Unit 2 Ult 213 and 214 acceptance of Eagles Peak into Unit Road Sn stem acceptance of Country Hills North into Unit Road Sy stem approval of request to go out for bids for road building materials approval of additional const rut Hon rn Caldwell Mobile Home Park request for bids on mini blinds for court house approval of Fee officer s report approval of all claims Austin police close seven-year-old case Council Continued from Page I developer’s expense. Also, a 20-foot .ire lane easement must be maintained at the rear of the property and roof heights are not to exceed the heights of The Oaks Center The closing of Wallahalla Road will restrict additional traffic in the neighborhood Benjamin said that under its present zoning, only low-income duplex housing is feasible, but that the highway department would not allow proliferation of ingress and egress along Loop 337 needed for such development "What safeguards do we have that what they say is what is going to be done9’’ asked Chuck Engler. who owns some property adjacent to the land in question “What scares us is one thing is said and another is done.” Benjamin said his company is concerned with main taming a certain quality to complement both the neighborhood and especially the investment in The Oaks Center Engler and others concerned with the proposed development said they favor the addition of a professional office complex to the area so long as certain stipulations are met Council gave unanimous approval to the first reading of an ordinance granting a special use permit to Amanda Case of Dallas who plans to open a “bed and breakfast" operation at 227 S Academy St Coun cil held a public hearing concerning the permit is suance in which no one spoke against Case s proposal Four off-street parking spaces and a wooden unlit sign are among stipulations to be adhered to by Case Council and city staff sought input from citizens con cerning possible regulations for temporary vendors and peddlers who commonly operate during the sum mer and special events such as the county fair and Wurstfest Only a local vendor and the president of the Wurstfest Association spoke during the hearing It ap peared as though several other local vendors were present, although none addressed council Staff is seeking direction to t>e taken regarding cen dors Planning Director Mike Shands has told council on several occassions that he sees it as a problem now with the potential to mushroom into an even larger problem “Our main concern is what is the definition of tem porary said Clinton Brandt president of Wursfest “All we ask is that the rules apply across the lx>ard to everyone " Local businesses and the Wurstfest \ssociation have voiced displeasure with temporary peddlers who they feel adversely affect their operations and under mine their investments in tin* community Shands has invoked health and sanitation regulations on most of the vendors parked and or otherwise stationary in the city Councilman a! large James Goodbread again asked if an ordinance regulating vendors was truly necessary We've gotten a little ordinance happy the last few years Is this another exercise in futility the councilman asked Shands At large councilman iHiug Miller proposed tem porary licensing of street vendors where such j**d (liers would Ik* required to file an application with the city and there would be a waiting period before the permit is issued He suggested implementing a small fee or no fee to be tied into the application process His measure met with voice approval from other coun cilmen including Bill Arnold District 2 representative Loraine Kraft also sup ported Miller s proposal, saying the action might discourage some vendors from coming to New Braunfels and mitigate any problems temporary ven dors may pose A 80 day extension to adopt a new drainage or dinance was granted by council in a 4 to 2 vote follow mg much discussion in which most councilmen seem ed to favor allowing the present interim ordinance to expire Arnold and Miller voted against Goodbread s motion to extend the interim ordinance, originally adopted in (ictober of 1985 Engineer Bill Dobrowolski and drainage advisory committee Chairman Gene Rutherford said the exten sion will allow for some modifications to be applied to the ordinance Dobrowolski said there are numerous modifications being considered Phase one of a drainage study underway by the con suiting firm of Fnese and Nicholls is nearly complete A workshop will be held in the coming weeks to disclose to council the findings of phase one of the study, which pertains to backwater and identification of drainage problems Mayor George Erben pointed out that the city could terminate the five phase study estimated to cost around SKM),OOO at any time Each phase is separately priced and the city has written the study proposal so that upon completion of one part of the study council will review those findings and then must approve the next phase* Dobrowolski suggested that the city could design a drainage ordinance primarily from the findings of the backwater study that could save the city thousands of dollars Bernie Boarnet a local builder and member of the advisory committee reacted angrily to the suggestion that the study not be completed and said the city will need to return study funds to local developers should it terminate the study Developers paid half of the study s costs through fees tied into the interim or dinance w ith the city matching those monies In other action council approx ed the follow mg first reading of an ordinance rezoning an ll 2 acre tract of land and a 2 34 acre tract of land on Northpark Drive to ZH zero lot line district and IM single family district first reading of an ordinance rezoning approx imately 17 It* acres of land located ixTw^n EM 725 and (Md Mct^ueeppv Road to ZU (' s commercial authorizing the city manager to s«*vk requests for proposals from prosep«Tiive concessionaires to operate the Landa Park VS urstworld .md Novelty Shop and Prince Solms Park food concession a request from tile Comal < ounty hair \ss<h q# Hon to hold their parade Sept the general fund report for tile |H»nod ending Julv 31 the report of the tax ussossor collector for Julv Review Continued from Page I "We found no criminal wrongdoing or attempt to fraud anybody said City Secretary Veronica sarkozi follow mg ttie hearings s.irkoz i w as ,i member of the tward along with (Manning Director Mike Shands Fire Chief Phil Baker and Budget Dim* tor t ourt Thieleman Dobrowolski Michie and Police Chief Burney Roeck also took part Sarko/l said the t>ourd determined that Diaz had tx-en chn king himself out ut the department Diaz reported Iv was hired as a part time sanitation collector but receives lull tune wages Sarkozi said the panel asked for changes in department policies because it flail appeared tfiat Diaz second job was interfering with his city position We are recommending that a con sistent policy of flours t** set tor the public works department that do not effect city wide policies said sarkozi she acknowledged that Diaz had been hired with the knowledge that he would work part tune to ac comodato a second jot* Michie has conducted an investlga tion into the department concerning 'fie Diaz matter and other allegations involving misuse of city property lh* said Monday night that fie has not decided whether or no! fie wi" regarding any possible (in his investigation Ut) nuke full or partial di litigation I rn interested mployees right Births ain* p rot et ting said Mn tilt hie later this quested t recently within th« time of that malls set bv .iii* mpioyee is ) Robert M« raring after bt »ted af kl iepartment ring ha > of fie ta I tie <1 not I* Mc Kenna Hospital Memorial Tammy and David Heffner 65n Wood 7 pound 9 ounce girl \ug JI Rhonda and Mike Mercer I * <» Box 2019 7 pound ti ounce ttoy Aug 21 Isidro and Maria Esp mo/a low Stonew all Mig 22 I anorn F.dgew ate \ug 22 Tammy ternate t ounce girt and Jeff Re 7-pound uh art •unc at Bret! W lilt Wig 22 smith 985 IT 8 pound Comal ISDadopts$18.4million budget; salariesrise $1 million AUSTIN * AF) — For seven years until last week, police were unable to identify a murder victim whose head was found floating in Town Lake On Monday, they said they had laid the case to rest with the discovery that the killer died of natural causes last year without ever being suspected of a crime •i’m satisfied, and my superiors are satisfied, that the case is over," said Austin police Sgt James Beck who investigated the case since the beginning “All that is left now is to finish the reports “ The remains of 80-year-old Mahlon Ray Turner, whose head was found in the lake June 29. 1980 were buried in his Oklahoma hometown near the Texas border Beck said that an informer had told investigators that Turner was killed and dismembered sometime between June 22 and June 24 1980 after a • disturbance that just got out of hand real quick ” The assailant, who authorities said was middle aged. died of natural causes last year and is buried in a Central Texas city, which Beck did not identify Beck said he does not know if the assailant had any other previous criminal history He said he did not know what happened to the weapons that were used to kill and dismember Turner Turner s remains were discarded in five separate locations between Austin and San Antonio and his head was discovered floating in Town Lake by a jogger Turner’s hand and foot were found in 1980 in a concrete filled cooler in a San Antonio creek Until the informant came forward last week, the case had been one of the oldest unidentified body cases on record in the Travis County medical examiner’s office The informant identified Turner as the victim and also named the assailant, authorities said Officials said a “twinge of cons Lienee ’ prompted the informant to come forward after he saw an article about the case in the Austin American-Statesman Beck declined to identify the assailant because “he is innocent un til proven guilty and we’re not going to try the case After he was killed Turner was dismembered with a knife and saw authorities said It was not until last week that authorities located more of Turner’s remains Those remains leg bones and spine bones, were found in two areas south of Austin by officials By SARAH DUKE Staff Writer Comal school district trustees approved a $18 4 million budget Monday for the coming school year The new budget reflects about a 9 9 percent increase ox er last year s spending in the district Board action was unanimous in approving the budget which includes more than ll million in salary increases for personnel Of the more than 50 persons who attended the budget hearing Monday. few spoke Sarah Pierson a Comal ISD patron said she resented being handed the 1987 88 budget before the meeting without time to review the material (TSU officials did not complete the proposed budget until the end of last week and the budget was not available for review until Monday morn ing the day of the budget hearing “To be handed this budget and to be expected to comprehend it immediately, I resent that.” Piersen told the trustees, while holding a copy of the 82 page document that was available to patrons as they entered the Frazier Elementary School cafeteria A number of the other patrons present for the hearing applauded Piersen s remarks, saying they were offended that the budget was not made available sooner Trustee Carter Casteel countered the remarks, saying that as an elected official, she represented the pa'rons throughout the budget-making pro cess “I ve taken this budget very seriously I’ve spent a considerable amount of time on this budget I ve spent time away from my family and time away from my job We’ve had some battles (on the school board) and I feel like I’ve adequately represented the people of Comal County,” she said Abel Campos. Comal ISD business manager. said the budget was not completed earlier because the district did not know how much state aid it would receive Because state officials consider local property values to he increasing while properties throughout much of the state are decreasing (TSI) is responsible for funding a greater portion of the budget CUSI) s funding responsibility in creased more than $729,000 over last year s loc al fund assignment because of increased property values Appraised values in the district grew by $40 million during the 1986 87 school year The ap praised increase was “wiped out" by a $57 million increase in tax exemptions said Superintendent Bill Brown He added that C1SD actually will lost* money because of the exemptions even though the appraised value was up considerably "The corridor is considered a high-value area everything from Dallas to San Antonio We haven't Increased our budget very much But that s the problem we have at the present time is the state considers us a much richer school district and we're not, " Brown said Campos said the bulk of the 9 percent budget in crease will go toward pay Increases The budget increase this year is about 2 percent less than the Increase from 1985 86 to 1986 87, he said A large portion of the increase will be earmark ed for teacher pay increases Campos said C ISI) currently pays the state minimum for teachers and is required to increase pay The career ladder increase will average about $114 per month for teachers, the business manager said The district also included about a I percent, or roughly $80 per month, cost-of-living pay increase for teachers Besides teachers, librarians, principals and assistant principals, counselors, nurses, bus drivers, cooks and administrators will receive pay increases under the new budget Other increases in the budget were for maintenance and operation expenses, insurance premiums and utility rates Campos and Brown said most of those expenses could Im* attributed to the new school building" in the district and higher utility rates This year we came in and apprised our staff that we will not have more money even though we will have more students They will have to make due with the same amount of money t ampos said UIS!) s enrollment is ex pet ted to include about 114 more students than last year raising the total enrollment to about 5,600, with fewer state dollars Also in the budget for the coming year is an in crease in payments to the Texas Teacher Retire ment System Campos said because (TSI) s tax rate last year was lower than state average Hie district Is being asked to increase payments to the system “We received a letter from the state TRS that said our tax rate is not high enough so w e w ill hav e to pay more They take a state average of tax rates and if yours isn t high enough you could say you get penalized ’ Campos said Most patrons at the hearing who spoke said they are proud of the quality of the district and that larger districts in Texas pale in comparison to (TSI) Those patrons also urged the trustees to keep the tax rate as low as possible Campos said following the hearing that the school district will have a surplus of about $18 million at the end of this month He added that the surplus will be used during the fall to cover ex penses until tax dollars come in “lf you were to ask me what my undesignaled fund balance is at the end of October. I would tell you about none By the end of November, for all practical purposes I'm going to be out I might have to borrow money for payroll until tax dollars come in.” Campos said The (TSU trustees will meet Sept 3 to consider setting a new tax rate Campos said he will rec urn mend about a 4 percent to 5 percent tax increase, raising taxes to about 99 cents per IBM) valuation ;