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New Braunfels Herald Zeitung (Newspaper) - November 17, 1993, New Braunfels, Texas Smithson Valley Rangerettes open hoops season -M COUNTDOWN! 489 DAYS New Braunfels Sesquicentennial March 21.1846 March 21.1905 New Braunfels Herald-ZeitINSIDE Obituaries............2.3A Opinion..............4A Letters................5A Sports Day...........8.9A Cuisine...............1B SI AMMI IS( ll Birthday wishes! The New Braunfels Herald-Zeitung extends die following birthday wishes; Lam Cole, Cany John Westbrook, Mary Jo Dry, Regim Sanches, Amy Rosales, JR. Allen, Maxine Reisbig, Dennis Taste. Jerry & Lily Barucki(26 yean!). By JENNIFER ROM PEL Staff Writer James Goodbread Herald-Zeitung Cheer fund donations sought The New Braunfels Herald-Zeltung's Cheer fund campaign to jrovide food for local needy families is continuing with much success, according to Circulation Director Carol Ann Avery. Avery said that any type of non-perishable food item can be donated, as well as money. The Cheer fund goal is to assist 200 local families this year. Over 1,900 families have received Cheer fund assistance over the last ll years, Avery noted. This has been possible due to the generosity of the community." To donate, call the Herald-ZeHung at 625-9144. Today's donations were from: ■ Opt. Bl Mrs. Frank Gqjewski - $10 ■ Jesse Bl Willy Mae Saegert-$5 ■ RE. Moore - $25 Raymond Bl Trudy Soechting - $25 ■ Total is now at $2,914.32 Rtv. Terry Fullam to spook Thursday Thursday, Nov. 18 at 7:30 pjn., the Rev. Terry Fullam will speak at St. John's Episcopal Church. Fullam is recognized worldwide for his gift of presenting the gospel with clarity and conviction. His former parish, St. Paul's in Darien, Conn. is the subject of the book "Miracle in Darien." This event of singing and teaching is open to the public. St. John's is at 312 S. Guenther. League of Women Voters training The League of Women Voters will conduct a one-hour observer corps training session on Thursday, Nov. 18 at 7 p.m. at the Herb Schneider Room of Victoria Bank and Trust The corps members attend meetings of local government bodies and provide reports on policy issues to the League for development of ifs policy action program. Call Thea Chessner at 629-4262 or Olga Lara at 625-2187. Hospics Open Houss scheduled Hospice New Braunfels will have an open house Wednesday, Nov. 17 from 4 pm. to 6 p.m. at the new facility, 613 N. Walnut. The public is invited to tour the Hospice facility and meet new administrator Lawrence Leahy. SUmmtisch (The New Braunfels Herald-Zeitung invites its readers to submit items to Slammtisch. According to the Sophienburg Archives and members of the German community, "Slammtisch" represents a sitting place for members of the community to gather and share the day's happenings. We invite you to share with us.) New Braunfels residents will once again be asked to head to the polls to elect a new member to their city council. A judge determined Tuesday that James Goodbread, who held a position as an at-laxge councilman, is not eligible to serve another term on the city council. Goodbread said he was a 'Tittle disappointed" about the judge's decision, but he has not made a decision about whether or not he will appeal. “I am satisfied with the way my council presented the case," he said. “I still think the whole thing was a waste of time and of the taxpayer’s money.” The question of Goodbread’s eligibility became an issue after local businessman Peter Lingam-fcltcr filed a quo warranto action challenging whether or not Goodbread could serve on the council. Lingamfelter’s case was based on the fact that New Braunfels citizens approved an amendment May I putting term limitations into place on the council. During this same election, Goodbread was elected to office. Goodbread has already served three terms on the council. "Certainly the issue in my mind still was not complicated,” said Lingamfelter. "Thanks to a couple of brilliant attorneys and some dedication, they helped me preserve the will of the 3,518 people who voted for term limitations.” A jury trial on the matter began Monday; however, after all of the testimony was heard, the judge decided the case was a matter of law and L    0886 fr0”1 the jury. The verdict was rendered at 4:15 pm. after one and one half days of jury selection and one half day of testimony. Lingamfelter was the first witness called to testify in the case. He told the jury he began to question Goodbread’s eligibility to serve just after the May I election. "Initially I discussed it with my wife and a few friends trying to make some sense of it,” he said. "I learned through several phone conversations that it was going to be necessary to get some legal help in order to keep the city from what dearly could be a violation that could put Relief, disappointment shown by city council members concerning decision By JENNIFER ROMPEL Staff Writer Members of the New Braunfels City Council expressed both relief and disappointment about a judge’s decision that City Council Member James Goodbread cannot serve on the dty council. The judge decided Tuesday that Goodbread was not an eligible candidate because the countil member has served more terms than those allowed in an amendment to the city charter. The amendment was passed by voters in the May I election. Goodbread was elected to another term at the same time. Council member Chris Bowers said he was disappointed about the judge’s decision. "I supported James Goodbread. I always supported Jim Goodbread through this whole ordeal. It came down to a point of law,” said Council Member Chris Bowers. "I believe it was the will of the people to have Jim elected,” ho said. “I’m disappointed in the decision,” said Council Member Paul Fraser. “We will have to fill a partial term now. Over 2,000 people voted for him. He was the second highest voter-getter in the at-large election. Those votes have been stolen. "He’s a man of great experience. We should not throw the baby out with the bath water. I’ve seen examples of his expertise. His input has been important," said Fraser. Fraser also said the term limitations amendment states it docs not apply to partial terms. "What’s left is a partial term. He could conceivably mn again,” he said. Two other council members expressed relief that the ordeal is over, although one said she did not have any opinion about what the outcome should be. "I just think this council has had enough dissection to last a lifetime,” said City Council Member Jan Kennady. "I had no real strong feelings one way or the other. I see both sides of it. Paul Fraser Butch Benitez Jan Kennedy "It (the amendment) did say current, but some considered that retroactive,” she said "I’m just glad it’s over.” "It’s unfortunate that it had to go to the extremes it went to,” said Mayor Pro Tem Butch Benitez. “It was very clear from the very beginning. I’m sorry we had to go through this.” Benitez said he would have accepted the judge’s decision whether it was to keep (Joodbread on the council or not. Council members said they did not know what was in the future for the council. “I see a seven-member council with two vacancies. .. I believe the ideals James Goodbread stood for will show in the election ,** said Bowers. Benitez said he did not know if anyone would want to run considering the recent recall and the Goodbread issue. Kennady said she hopes the city council can work together in the election, "lf we all start working as a team, we can do wonderful things for the city,” she said. The council will now have to call an election to replace Goodbread. A special election has already been called for Jan. IS to fill the seat vacated by [Jan Bremer. Officials said they did not know if an election to replace Goodbread will be held aube same time. Chria Bowers the city in jeopardy,” he testified. Also testifying for the plaintiff was Former New Braunfels Mayor Clinton Brandt. Brandt testified that he believed the amendment to the charter included current city council members. The first witness for the defense was Goodbread, who said he had asked when the final reading of the charter amendment was approved whether or not this would affect the May election. He said he was told it did not apply. "That night was very important to as to the fact "do I run?’ he said. Goodbread testified that he believes he should be allowed to serve on the council. "I was duly elected There wasn’t even a close contest,” he told the jury. Other witnesses for the defense included City Manager Hector Tamayo, Assistant City Secretary Julia Mulhollan, and New Braunfels residents Allen Seelhammer, Git Lindsey and Al Kosko. No witnesses were called by the City of New Braunfels, which was also named as a defendant in the case. The city was represented by City Attorney Barry Moore. Goodbread said he will probably run for another office in Comal County, but did not name which one. In addition, he also said he hopes the city will decide to have an election to name his replacement at the upcoming special election on Jan. 15. This is the second person removed from the council this year. Former District 2 Councilman Dan Bremer was recalled from his position on the council earlier this month. Goodbread said he did not think issues on the council will be resolved as a result of the judge's decision. "It will not be until they (the citizens) get the representation they want and they elect.” EUWD fires GM Masters By ROSE MARIE EASH Staff Writer The Edwards Underground Water District board of directors fired Russell Masters, General Manager of the EUWD. "Some of the Bexar County directors have lost confidence in the manager,” said Kenneth Heels, a Comal County’s representative on the board. “I have confidence in him. I think it’s an inopportune time for that to occur when the Justice Department ruling is due in a couple of days.” The Justice Department is due to nile on whether or not the appointment of a board to direct the new Edwards Aquifer Authority is a violation of the Voting Rights Act by Friday, Nov. 19. Masters was placed on a 90 day administrative leave on Oct. 12 and was fired Tuesday at a special meeting. The vote was 6-3 with Heels voting against along with Harry Bishop and Frances Emery both of Hays County. Residents near airport plea their case to board again Herald-Zeitung photo by JOHN HUSETH Girl Scout toy donation Girl Scout Troop 1042 yesterday donated toye to the Community Service Center. From left are Chrlati Perez, Thera Edwards, Marla Perez (assist, leader) Karen Popp, Ashley Forester, Susie Garcia (director of community service center) Kelli Mayfield. Not pictured. C.J. Donnelly, Anya Doughty, Whitney Douglas, Klndra Fell, Jennifer Grier, Mia Humphries, Alex Mollnar, Rachel Motz, Chelsea Schulte, Ashley Smith, Reagln Smith, Rebecca Vetter and troop leader Kay Smith. Former councilman being held in local jail By JENNIFER ROMPEL Staff Writer Former Mayor Pro Tem Ramon Chapa Jr. is currently being held in the Comal County Jail for failure to pay child support. According to reports, Chapa was arrested in Dallas on a warrant. He was transferred to the Comal County Jail Tuesday morning, said deputies. Officials said Chape, 36, had moved from New Braunfels to Dallas. Chapa was still being held in the jail as of Wednesday morning. His bond has been set at $5,000. Chapa served as councilman for District I between 1986 and 1992. He opted not to run for the position again. The vacant seat was filled by current Mayor Pro Tem Butch Benitez. According to past reports from the Herald-Zeitung. Chapa faced time in the county jail at another time because of written court order to pay pest-due child support. The reports showed he did pay that child suppon in 1991. Ramon Chapa Jr. By JENNIFER ROMPEL Staff Writer Residents living in the area of the New Braunfels Municipal Airport once again plead their cases to members of the advisory board in hopes that their land will not be condemned when the airport begins to expand. Officials of the airport advisory board received a report Tuesday evening on the status of a S1.4 million federal grant which will allow for some runways at the facility to be refurbished. This report triggered the discussion about the master plan and future expansions at the airport. According to officials, appraisers have been hired to appraise property that will be needed for all future expansions Residents of that area said they were notified about surveyors being on their land but were not given notice of appraisers. "iiie whole thing that concerns me 'the most is they want to come into my home,” said Nancy Krueger, who lives near the airport. "I feel like I don’t have a choice," she said. Leatrice Saur, who also lives near the airport, said she wanted to know what the future plans of the airport are. "Is this the dream of the city or is there some private organization out there?’ she said. "Aren’t our farms worth anything and our heritage out there?’ she said. Expansions currently being considered call for a small portion of land to be condemned. However, if an instru ment landing system is added at a later date the expansions will be greater and Krueger and her family could be forced to leave their home. City Engineer William Dobrowols-ki said he would contact the FAA about the possibility of getting a waiver so that the Krueger’s home would not be damaged. Canyon Lake resident Ted Key, a candidate few county judge, questioned if an JLS would be needed at the airport if there is not enough traffic currently at the location and said officials may be placing "the cart before the horse.” "Why aren’t we developing our airport to attract tenants to create a demand for and 1LS?’ he said Goerges said at least two airlines have been looking at the New Braunfels airport, but said he could not name the airlines at this time. "lf an airline gives its intent to serve in New Braunfels. The same thing that happened in Nacogdoches can happen here,” he said. The airport in Nacogdoches opened to a commuter airline several years ago. Goerges said the airline moved into that location in less than six months. Goerges assured the residents at the meeting that nobody wants to take land from them and explained that before an airline could move into New Braunfels, approval must be given by the city council. The board will meet in December to tour the airport. The next regular meeting of the board will be held Jan. 18 * the New Braunfels Municipal Building.For news, advertising or subscription information, call 625-9144 ;