New Braunfels Herald Zeitung (Newspaper) - June 16, 1983, New Braunfels, Texas
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dalles, ivx,^ 759/;5City housing authority embroiled in lawsuit
By DYANNEFRY Staff writer
A government technicality brought the City Council into special session Wednesday.
A dispute between the local Housing Authority and project resident Judith Paradise became a federal lawsuit on Tuesday morning. One of the issues was the way in which a grievance panel was appointed Monday night to hear the case.
City Council did what Housing Authority director Nadine Mardock asked. Advised of the urgency of the situation at Monday night's meeting, the council appointed a three-member panel. This apparently complies with Housing Authority policy. But John
Vasquez, attorney for the plaintiff, says it does not comply with the rules of the federal Department of Housing and Urban Development.
Vasquez and local attorney Steve Taylor, representing the housing authority, agreed that the city should appoint one panel member; the client should appoint one, and those two members between them should select the third.
A bare quorum (five members) of the council met at 5 p.m. Wednesday and appointed Anita Stipnieks. one of the three panelists named Monday night. Another. Dan Hutchison, became the city’s alternate member.
Donnie Seay’s original motion called for Hutchison to serve, with Stipnieks as alternate. Vasquez ob
jected to that, fearing conflict of interest. Hutchison is employed at Guaranty State Bank, and the housing authority’s attorney is on the board of directors for that bank.
After that, the council just had one choice left. Pat Hernandez, the third panelist named Monday night, turned out to be out of town. Rudy Seidel, who volunteered to serve as alternate, lives just outside the city limits and therefore isn’t eligible.
The reconstituted grievance panel will provide “temporary relief” in the case, said Vasquez, who works with the Texas Rural 1-egal Aid Office in Seguin. However, he added. “There are other parts of the lawsuit that we have not worked out.’’
Paradise, who lives in the Villa
Serena project, claims that the local agency tried to evict her without proper notice.
According to HUD regulations, said Vasquez, a resident evicted from a housing project must have 14 days’ written notice and a chance to speak against the reasons given by the housing authority. He says his client didn’t get those. And when the authority filed a suit in Harold Krueger’s Justice of the Peace court early in May, Paradise didn’t get a copy of the original petition, only a citation.
The housing authority later cancelled the suit, and started over with eviction procedures, Vasquez said Mardock requested a grievance panel in a letter to the City Council last
week, and reported Monday night that a complaint had been filed that day. Contending that the council-appointed panel did not meet HUD regulations, Vasquez and Paradise filed a dass-action suit in San Antonio’s federal district court the following day.
The Seguin attorney said the housing authority’s grievance regulations may have been legal when they were written, but “they haven’t complied since 1975, at least. That’s when HUD published the current regulations.’’
Mardock told the city council Monday that Paradise’ complaint was the first in the 11-year history of the housing authority.
Vasquez isn’t sure that’s a good sign. “Grievance hearings are fairly common in housing authorities,” he
said. “If they haven’t had them here, it could be they’re not advising the clients they have that right.” Under normal procedure, a lawyer shouldn’t have to get involved, he said.
In other action Wednesday, the City Council approved the third and final reading of two rezoning ordinances.
Commercial zoning for the area including Dusty’s Ice Cream Parlor passed 4-1, with Max Winkler casting the negative vote. The vote on the second reading was also 4-1, with Barbara Tieken on the down side. Winkler was absent Monday night, and Tieken on Wednesday.
Nine acres of Walnut Estates are now rezoned for single-family homes, with unanimous approval on all three
New Braunfels. Texas
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June 16, 1983 25 cents
Vol. 92 - No. 119
18 Pages —2 Sections
(USPS 377 £80'
Toxic cloud panics town
NACOGDOCHES (AP) - A dense, toxic cloud of insecticide sent scores of injured and hysterical people to hospitals and chased 1,500 others away from their beds during the tense hours before it dissipated early today.
The 100-yard-wide cloud leaked from a greenhouse on the Stephen F. Austin State University campus Wednesday night where biology students set off nine pesticide bombs During the next four hours at least 118 people were treated at two hospitals for hysteria or inhalation of the fumes Hospital officials said eight people were admitted, including Nacogdoches’ mayor.
“They suffered eye irritation, nausea, mild respiratory distress, burning skin, abdominal pain and headaches,” said Medical Center Hospital assistant administrator linda Lujan “There was a tremendous amount of people coming in, but every’one was very cool and very organized at the hospital. Most of the staff was on the premises by the time the first victim arrived,” she said Jarvis Ammons, the city manager in this city af about 28,000 located approximately 175 miles southeast of Dallas, said the cloud had dissipated
by early today and authorities began letting people back into their homes and dormitories at about 12 30 a.m. COT.
“I think we got it fairly well under control now,” Ammons said early today. “They have released the road blocks south of the university and are allowing people back in their homes.”
Authorities routed students on the southern part of the campus and residents living south of the university from their homes as the gas, kept close to the ground by calm winds and high humidity, drifted across the area
“We are lucky we didn’t have to evacuate the hospital, if it had got much farther south we would have had to,” said Amnions, referring to Nacogdoches Memorial Hospital.
He said the city’s emergency plan, which had been tested during chemical spills from train derailments in 1974 and 1978, had worked well and enabled authorities to act quickly.
Mayor A.L. Mangaham was the most seriously injured. He was overcome by fumes as he watched firefighters hose down the building from across the street.
This Webelo Cub Scout isn't shy- h«'s just getting some help in making a mask for a scout activity, courtesy of IO year old Travis Colleran. It was all part of Cub Scout camp this week in
Stet* tUuttv ft, Jotin N Swirl
landa Park Colleran is a member of Pack 381, and the mystery man, Mike Thompson of Bulverde, is with Pack 548
PEC directors stumping for incumbents
By SANORA JACKSON Staff writar With the Pedernales Electric Cooperative’a annual membership meeting and election of directors just days away. PEC directors are attempting to assure the re-election of two incumbent board members.
letters have gone out to all patrons in the PEC service area. urging them to vote for the incumbent directors To make it easy, prox> forms indicating that vole are included with the letters.
On a letterhead from the “Committee for an Independent Co-Op," most of the letters are signed by directors from various districts of the PEC.
Roland Erben. director for District VI. which includes the Canyon I-ike area and part of Blanco, said the committee is comprised of PFX’ directors, advisory committee directors and “other interested citizens "
In the letter, consumers are told that "U’RA (the I/mer Colorado
River Authority) takes 75 percent of all co-op revenues to cover power
' And now [XRA is trying to get all lls wholesale customers to sign new contracts which they admit will triple our rates within IO years.”
The PEC, along with its sister cooperative. Bluebonnet FUectric Cooperative, has joined to form Texlaud. a company which would produce its own power by building a 1,500-megawatt power plant in Milam County That proposal has been
stymied by denial of a permit by the Public Utilities Commission.
Members of tile “Pederales Posse,” a group organized to fight for control of the PFX, are backing two candidates who are attempting to unseat PFX incumbents M C. Winters and OX. Harmon Posse candidates Gene Vinyard of I ake way and George Wentsch of Blue lake Fatates will attempt to win stats rn Districts IV and V, respectively.
Flrben said lie has had a good response from the letter in his area,
having received approximately IOO proxy cards by Monday.
“And I’ve lad lots of calls since then,” la* said “I expect the election togo our way."
Tla* annual general membership meeting of Hie PFX’ is set for Monday at 2 p in at the headquarters in Johnson City. Registration will begin at 10 a rn and close at I JO p.in Two advisory directors, Harold J. Kongabel of District ll and CF. Williams of Distrct HI, are unopposed in the election
By DEBBIE DeLOACH Staff writer
The 11-member advisory committee, appointed by the Comal Independent School District board of trustees Tuesday, will meet at 7:JO p in. Thursday behind closed doors.
Col. Robert Van Horn said Thursday he had received no specific instructions from board members, other than the list of concerns approved at the Tuesday board meeting “We will make a report, which will contam certain recotiunendations within JO days," Van Horn said.
• What tho board does with those suggestions will be up to its members.”
Committee member Jane Burr, representing the “Concerned Taxpayers” group, said Thursday that she could see advantages and disadvantages to the committee meetings being open or closed "I’m sure that is something we will discuss tonight,” Burr added Concerns the committee will address include lack of communication, teacher turnover, divisive board policies, low morale within CISD, the "hit list" allegation for teachers who speak out and their principals who catch the blame, and the issue of student teachers not returning to CISD after graduation.
Persons appointed to serve on the advisory committee include Burr and Van Horn, Denny Williams, Lucy Dowe, Tom Potter. Paul Tice, Don Olson, Duane Brown, Bon Travis, Phil F'.ndicott and Ray Walling A statement from tin* “Concerned Taxpayers” group, which met Wednesday night, leaded its support to tin* advisory committee concept. “In as much as the Concerned Taxpayers are concerned about quality education, improving teadier morale, basic educational skills, opening lilies of communication and interaction la*tween tla* school board and its staff, the group tuts agreed iii principle to
See CISD, Page 2APolice gun show begins Saturday
The New Braunfels Police Officers’ Association is sponsoring its sixth annual gun show Saturday and Sunday at the avie Center. 380 S Seguin St
The Saturday show will be from 9 a rn to 6 p.m. and the Sunday show will be from 9 a m to 5 p in Admission is 82 and children under 12 with an adult will be admitted without cost
The annual gun show is a benefit show which donates its proceeds to different charities every year, according to a police department spokesman Some of the money abo goes into a legal defense fund for policeman, he said The show makes about 81,000 each year, Police Ll Felix Roque, chief of the criminal investigations division, said. The show has had a good turnout each year, Roque said. “We haven’t had a flop yet,” he said.
The gun show will feature 125 six-foot tables for firearm display. Tables must contain at least 75 percent guns or gun-related items
The tables will be set up from 4-9 p m Friday. Rental feet are 815 for display tables and $18 for trade tablet.
There will be full police security from set-up time Friday until the show ends Sunday.InsideToday's Weat
The weather isn’t expected to change much over the next two days. Skies will remain partly cloudy, with temperatures in the moderate range through Friday. There is a 30 percent chance of thundershowers today, with easterly winds blowing near IO miles per hour. Tonight’s winds will be light, and the chance of rain is 30 percent. Friday will bring southeast winds, again near IO mph. Sunset today will he at 8 32 p.m., and sunrise Friday atft:31.Open Chese
Defending champion Tom Watson is looking to repeat at the U.S. Open golf tournament, which geta underway today at the Oakmont Country Hub in Pittsburgh, Pa. S— Sports. Page BA.Pope In Poland
Pope John Paul II arrived late this morning in Warsaw, Poland to start an eight-day journey through his home country. Security for the visit was tight in Poland and during the pope s flight Story. Page BA
Comal County Grand Jury returns 14 indictments
COMICS................ab Bm*k9tb*ll Clinic
CROSSWORD............4B New Braunfels Community
DEATHS........... 3A Education is sponsoring a basketball
HOROSCOPE 2A clinic through June 24 in the
KALEIDOSCOPE.........1 SB Academy Street Gym. For sixth
OPINIONS ..........4A through eighth graders, the clinic is
SCRAPBOOK............. 3B being taught by New Braunfels High
SPORTS ........5 7A School coach Cliff Wilkins and
STOCKS .........SA Canyon High School coach David
TV LISTINGS.............4B Taylor.
Fourteen mdividuab were indicted by a Comal County Grand Jury Thursday, with Driving While Intoxicated — Subsequent Offenses once again dominating Ute list
Two DWl — Subsequent indictments were returned against Charles William Tucker of 207 W Southcross, San Antonio. Tucker was also indicted for unlawfully tarrying a weapon on licensed premises
Other DWl — Subsequent indictments were handed down against James Cecil Plenums Jr., of 1051E. Highway 81; Derril I/** Maul of 146 Ohio; and Jesse Sirio Villanueva of 215 F'. DiBlinger
Marcos B Campos of Route 6, Box 437, New Braunfeb, was indicted on two counts of rape The Comal County man turned himself in on June 8, after a weekend end search by law enforcement officials The search began after a report of a woman raped south of the Solmx area
Regan Henderson of Route 5, Box 807-L, Canyon lake, was indicted for aggravated assault with serious bodily injury, and Jose Robles Pesqueda of 3511 N. Elm, Fort Worth, was indicted for
aggravated assault on a peace officer Otiier indictments were. Julie Ttioinpson of 760 Comal, burglary of a habitation; Carl FXgene I/-Claire of 2408 Spillway No. 605, Arlington, burglary of a habitation with intent to commit rape; and Obery Cubitt Jr., of 1602 Sunset. San Marcos, and Ranoo Stewart Cubitt of 423 N Bowie, Seguin, each indicted for delivery of marijuana
I/eClaire was arrested May 22, and charged with the burglary of a mobile home belonging to David Tuch of 1080 Highway 81 Flast
Police Ii. F'elix Roque said Tuch came home, turned on the tights and surprised (/^Claire, who jumped out tile window Tuch chased hun to the Holiday Inn parking lot, where lie held I/“Claire until police arrived.
A male indicted Wednesday for criminal mischief had not been arrested, as of presstime Thursday.
Three persons were no-billed by the Grand Jury. They were Mark leonard Broeffle for unauthorized use of a motor vehicle; F^dward Ramer Wurz of Bulverde for aggravated assault; and Susan Patch of Austin for possession of a controlled substance.