New Braunfels Herald Zeitung (Newspaper) - May 1, 2001, New Braunfels, Texas
Tuesday, May I, 2001 — Herald-Zeitung — Page 3A
stationery only for official purposes, City Manager Mike Shands said.
The city supplies council members with council stationery for individual correspondence. However, the city has no written policy regarding council letters, he said.
Council will look into creating a formal policy for use of the city stationery, Williams said. He also said he planned to deal with Watson differently in the future.
“In council meetings, she is constantly out of order,” he said. “She is constantly speaking when she is not supposed to be speaking.
Ive given her some slack in the past. But I’m not going to do that anymore.”
Williams said he could censure Watson for actions during a city council meeting. If a member is called out of order three times, the mayor — who runs the meetings — can call for a vote to eject that council member. However, he said he was not sure what he can do to curtail Watson’s actions concerning the GERA amendment.
“I’m not sure what I can do about this issue,” he said. “This amendment is important to Western Comal County, but I have to do some research to see what we can do about this. She is so incredibly out of line on this one. We can’t allow her to speak for the city, against council’s votes.”
In the letter to TNRCC, Watson also wrote that council’s action on April 23 was illegal because the necessary two-thirds majority vote was not obtained.
“On April 23, 2001, at a regular city council meeting,
Minnie Belle Hemphill passed away on April 27, 2001, at McKenna Memorial Hospital in New Braunfels, Texas. She had been a resident of New Braunfels for five years, moving there to be near her nephew, JC Reagan and family. She was preceded in death by her husband William Marsallis Hemphill; her mother and father, Sarah Ophelia Hol-lan and Henry Harrison Hol-lan; and three sisters and one brother. Mrs. Hemphill is survived by nephews Darrell Reagan and Gene Hollan; daughter-in-law Neva Hemphill; and numerous great-nieces and nephews; grandchildren and great-
Edith “Marie” Satterfield Schnautz, of New Braunfels, passed away Sunday, April 29, 2001, at Deer Creek Nursing Center in Wimberley at the age of 59 years. She was born on Feb. 5, 1942. Funeral services are scheduled for IO a.m. Thursday, May 3, 2001, at Doep-penschmidt Funeral Home with the Rev. Rick Bartlett officiating. Burial will be at 12:30 p.m. in Lockhart Cemetery in Lockhart.
Doeppenschmidt Funeral Home in New Braunfels
action was attempted to try to rescind this previous action to request a contested case hearing regarding GBRA’s Application No. 18-2074, but failed because a two thirds majority was not obtained....The lack of a two-thirds majority involving a member who abstains even though that member is not directly or particularly interested in the question is addressed in case law. Two cases that can be cited are the City of Alamo Heights versus Gerety and Johnson versus Dublin..”
In the Alamo Heights case, the issue was overturning a zoning request turned down by the planning commission.
According to the Southwestern Texas Reporter, statute requires three-fourths vote of the legislative body to overturn zoning. Of the five Alamo Heights aldermen, one abstained, one voted no and the other three voted yes.
At issue in state court was whether the two-thirds vote included the abstention — which all parties agreed was necessary because the member who abstained had an interest in the case — or did not include the abstaining member.
The court ruled that “all the members of the legislative body” meant members of the whole council.
Councilman Robert Kendrick abstained during the April 23 vote to rescind the request for the contested case hearing. He said he did not have enough information. If Kendrick is included in the vote, the motion to rescind doesn’t pass, Watson argued.
The TNRCC letter caps months of council wrangling
over the permit issue.
Watson asked council in March to support her comments and present them to the TNRCC at the March 29 public meeting at the New Braunfels Civic Center.
Watson claims her motion to present the comments also included a request for a contested case hearing.
That is where Watson and Councilwoman Debbie Flume separate from the rest of the council.
Lee Rodriguez, who seconded the motion, as well as councilmen Larry Alexander, Juan Luis Martinez and Williams, said that the vote did not include the request. At meetings in April, the council attempted to address the issue — clarifying the minutes on April 9 and rescinding the request on April 23.
In the past, Watson said her fight was about the permit amendment. Watson said she believed allowing GBRA to take up to 40,000 acre-feet more from Canyon Lake would adversely affect the environment in the lake and on the lower Guadalupe River. She was out of town this weekend and unavailable for comment.
Under the permit, the GBRA plans to take an additional 40,000 acre-feet of water from Canyon Lake.
Of the additional water, 11,000 acre-feet will be sold out of district — to Bexar County, Blanco, Kerr County and the Canyon Regional Water Authority, a privately owned water company.
Selling the water to Bexar County will help pay for a pipeline to send water into western Comal County to cities such as Bulverde, where water is trucked in to serve residents’ needs.Watson’s Letter to the TNRCC
April 26, 2001 To: LaDonna Castanuela, Chief Clerk for TNRCC Re: The City of New Braunfels continues to request that the Texas Natural Resource Conservation Commission grant a contested case hearing regarding the Guadalupe Bianco River Authority’s Application No. 18-2074, based on a letter dated March 29, 2001. The letter from the City dated April 25, 2001, indicating that the City rescinds this request for a contested case hearing is illegal and improper based on my understanding of the Law.
The New Braunfels City Council action at the regular meeting on March 26, 2001, requested that TNRCC grant a contested case hearing regarding GBRA’s Application No. 18-2074 by a vote of six in favor and one opposed. On April 23, 2001, at a regular City Council meeting, action was attempted to try to rescind this previous action to request a contested case hearing regarding GBRA’s Application No. 18-2074, but failed because a two-thirds majority was not
obtained. The vote went as follows, four votes in favor, two opposed and one abstained based on a lack of information.
Concerning the attempt to rescind the action requesting the contested case hearing, regardless of the possible violation of the Open Meetings Act which is currently being investigated by the Comal County District Attorney, and the clear violation of the New Braunfels City Ordinance No. 96-39, the vote on April 23, 2001, by the City Council was not sufficient to overturn the action taken on the March 26, 2001, meeting. The lack of a two-thirds majority involving a member who abstains even though that member is not directly or particularly interested in the question is addressed in case law. Two cases that can be cited are the City of Alamo Heights versus Gerety and Johnson versus Dublin.
I believe it is my responsibility as Council Member to bring this to TNRCC’s attention so that our City acts in accordance with State and Local Law.
Juliet Watson District 6 City Council Member
What’s Up -
What: Canyon Lake GBRA permit amendment meeting Where: Canyon Lake Recreation Center Format: Public forum to discuss issues and hand out information about charter buses to the May 9 TNRCC meeting When: 7 p.m. Thursday
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grandchildren. Minnie worked for Southwestern Bell Telephone Co. as a supervisor for many years and spent most of her life living in Houston, Texas.
Viewing is scheduled for 4 to 6 p.m. Tuesday, May I, 2001, at Doeppenschmidt Funeral Home in New Braunfels. Graveside services are scheduled for ll a.m.
Wednesday, May 2, 2001, at South Park Cemetery in Houston, Texas. In lieu of flowers, memorials may be given to City Church of San Antonio, 8308 Fredericksburg Road., San Antonio, Texas 78229, or to the charity of one’s choice.
Doeppenschmidt Funeral Home in New Braunfels
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