New Braunfels Herald Zeitung (Newspaper) - November 22, 1995, New Braunfels, Texas
Offensive line: The final cog in the Cougar machine. See Page
Old New Braunfels Academy
18 Pages in two sections ■ Wednesday, November 22,1995
Serving Comal County and surrounding areas for more than 144 yea,
2627 E YANDELL. DK
Et PASO, TX 79903-_ hmwHAEL ANN KLEIN
f, No. 7
Birthday wishes from the Herald-Zeitung!
The New Braunfels Herald-Zeitung extends birthday wishes to: Rachael Ann Klein 91 year) and Angela Farias. Happy anniversary to Larry and Mary Biteche
Holiday schedule at Herald-Zeitung
The Herald-Zeitung office will be closed Thanksgiving Day. The Thanksgiving Day newspaper will be delivered by 7:30 a.m. Thursday. A circulation department phone line will be open Thanksgiving Day, however, from 7 a.m. to 9 a.m.
St. John's offers Thanksgiving meals
St. John's Episcopal Church, 312 S. Guenther, will host a community dinner Thanksgiving day from 11 a.m. to 2 p.m. lf you need assistance getting there, call 625-2532 or 606-3408. St. John's will also have a joint Thanksgiving Eve service, tonight at 7 p.m. with the members of St. Paul's Lutheran Church. The service will be conducted at St. John's Church, 312 S. Guenther, with desset to follow in the Parish Hall.
Friends of the Library need storage space
The Friends of Dittlinger Memorial Library have sent out a call for help. The group needs a clean, dry place to sort and store donated books for next year's book sale, lf you have storage space or warehouse space you can spare, call 629-2359.
Optimists selling trees
The New Braunfels Optimist Club is operating its Christmas Tree lot at the same location as last year. The tot is on Seguin St. across from the Post Office. Hours of operation are 9 a.m. to 9 p.m. Come early for the best choice of trees. Proceeds are used to sponsor youth activities.
Women’s Shelter Christmas Auction
The Women's Shelter Christmas Auction will take place at Landa Station, Tuesday, Nov. 28 at 8 p.m. Admission is toys, canned goods or a cash donation There will be an auction and live blues by Monty Tyler.
lf you have something to donate for the auction, call 629-3311.
Cheer Fund donations continue
The Herald-Zeitung sponsors the Cheer Fund every holiday season, to provide food for the needy.
New donations include:
Mary G. Keyes - $25, bringing the fund total to $1,857.11.
To donate, come by the Herald-Zeitung at 707 Landa St., or call Fund Chairman Carol Arm Avery at 625-9144
Bar owners sue over drinking hours
By DENISE DZIUK
Bar owners in the unincorporated areas in the county have dropped their initial suit filed for the change in drinking hours, and have refiled a suit in Travis County. The new suit names the county commissioners, the state of Texas and the Texas Alcoholic Beverage Commission.
On March 5, 1995 an ordinance passed by the Comal County Commissioners went into effect, which said bar owners within the county had to stop selling and consuming alcohol on the premises at I a.m. on Saturdays and at midnight the rest of the week. This shortened the original hours, which were 2 a.m. every night.
Many bar owners said this caused a major loss of business and revenue. A suit was filed almost immediately following the ordinance. Sam Katz, an
attorney for the bar owners, said the original suit was filed under another attorney. Katz filed to have that case dismissed, and refiled in Travis County-
“I think suing county commissioners in their own county presents a real conflict of interest,” he said. “We’re not laying down. It’s quite clear that the county commissioners made a big-time mistake.”
The new suit names the county commissioners, as well as the State of Texas and TABC as defendants, and asks for punitive damages from the county commissioners court as a body and each commissioner individually, attorney fees, and lost profit. Katz said he believes the county commissioners acted without authority. He said that the law giving counties the authority to adopt extended hours does not say anything about rescinding those hours.
We’re not laying down. It’s quite clear that the county commissioners made a big-time mistake.’
— Sam Katz
Therefore, he said the commissioners did not have the authority to shorten the drinking hours.
“It’s our position that Comal County Commissioners acted totally and completely without authority,” said Katz.
Comal County Judge Carter Casteel said she would not comment on the suit since it is a pending legal issue. She said that the bar owners have chosen to try the case in a Travis County court, so
she did not want to comment on it. County Attorney Nathan Rheinlander said the commissioners’ legal council would be responsible for commenting on the case. However, he said he believes the commissioners were well within their authority.
“We’re comfortable that commissioners court acted totally within it’s authority, and we believe this will end up the same way the one filed a while back did, and that was to uphold the actions of the court,” he said.
Katz said TABC is named because it did not follow proper procedures. He said the late night liquor licenses were taken away right away. He said TABC failed to have the proper revocation hearings, and never even looked at whether or not the commissioners court action was valid.
Kevin Barnmen, TABC agent in the Enforcement Division in Comal Coun
ty, said proper procedure was followed. He said he is not required to conduct hearings, and simply enforces foe rules set by the county.
The state is included in the suit because Katz said the law that allowed the commissioners to change foe hours is unfair. He said that according to the law, in counties with less than 500,000 people, drinking hours for bars in unincorporated areas are set by the county commissioners, and drinking hours for bars in incorporated areas are set by the city council. If the county has more than 500,000 residents, bar owners can simply go apply for a late night liquor license.
“They have set us a second class of citizenry out here. The bar owners out in Bexar County would never have had this happen to them,” he said. “It’s doesn’t treat bar owners equally.”
City buys land for new ball fields
Raising their voices
hbnU-Zeitung photo by MICHAEL DARNALL
Melitta Frueh directs the Advent Vespers Massed Choir at practice last night Frueh has directed the choir for 25 years. The concert, sponsored by the Music Study Club, will be held at First Baptist Church at 4 p.m. Dec. 3.
Five stores caught In TABC sting
By DENISE DZIUK
Officials with the Texas Alcoholic Beverage Commission held a sting operation in Comal County last weekend, testing to see if the businesses would serve underage dnnkers.
Kevin Barnmen, a TABC agent in the enforcement division for Comal County, said the TABC went to several convenience and liquor stores within foe city limits, which sell alcohol, on Saturday. A 17-year-old boy and girl took turns going into the businesses to purchase alcohol. He said the two had identification that clearly showed they were under age. He said they \0ere wired, and the transactions were
“Everything’s above board. We’re providing the opportunity. But, if you’re obeying the law, there won't be a problem,” said Bammed.
Bammed said the teens were taken to 16 different businesses. He said about half of the businesses were chosen because of complaints he has received , and the rest were chosen randomly. All the stores were within the city limits. Of those they went to, five sold the minors alcohol. Of those five, three asked for an ID and sold the alcohol anyway.
“They just miscalculated the age. Some even used calculators and scratch paper. I don’t think they were intentionally negligent,” he said.
The five clerks who sold the alcohol face criminal charges for selling to a minor, which carries a fine of $ IOO to $500. The stores also face license suspension, Bammed said. If a business is caught three times in one year, the liquor license can be revoked.
Bammed said the sting operations are conducted to keep retailers “on their toes,” and reduce the amount of underage drinking that is occurring. He said he expected to catch about four, however, five is still not bad. Bammed said he would like to do it again in about six months and go to locations out in the county.
“I felt confident about the area. The retailers here are good, and don’t typically sell to minors,” he said.
By SUSAN FLYNT ENGLAND
The city has bought it. When it’s built, 1,500 Little Leaguers will come.
The city of New Braunfels has taken the first step to buy 43.64 acres of land off of South Loop 337 across from McCoy’s Lumber, said City Manager Mike Shands. “This is going to be for use by the Little Leagues,” Shands said.
“From what I know about it, the deal won’t close until some time in December,” said Mike Kelly of the National Little League. “I have met today with the president of the American League and we’re excited about it,” Kelly said yesterday.
When the new fields are in use, the Little League field on Common Street near the fairgrounds will be free for development. The space could eventually hold a library, police station, both, or whatever else the city council decides, Shands said.
“As far as I am aware, there is no proposal at this time for use of the Common Street space,” he said.
Financing and planning the new facilities will take time, Shands said.
“I wouldn’t expect to see a game at the new location any time soon,” he said.
“It’s not something that‘s going to happen overnight,” said Tim Mundt of the American Little League. “The first thing we’ll do is form a committee of board members from both leagues,” Kelly said.
The committee will look at other new facilities, like the one in Lockhart, and ask how they were funded, Kelly said.
“I expect we may have a couple of fields ready to go, not this season, but next season,” he said, “with the full thing ready the following season.”
Some towns have funded similar facilities through Parks and Wildlife grants, Kelly said, but he doesn’t expect similar grant money to be available for New Braunfels. “We will use some of the existing lighting and fencing,” he said.
Currently over 1,500 New Braunfels ball players ages five to 18 use fields throughout the city, said Tim Mundt of the American Little League. The teams use fields at Common Street, and those by Landa Park, and three fields at Seele Elementary, Kelly said.
“It’s kind of a first come, first served deal for practice,” Kelly said. “You’re in competition with the softball leagues.”
The Little Leagues borrow fields at Lamar Primary to hold T-ball games. “The Lamar principal graciously lets us use those fields with over 400 lads in just T-ball,” Mundt said.
“With the city growing the way it is, we’re getting such an influx of kids that we’ll need the room,” Mundt said.
The new lot can hold a central field house with at least four fields around it, plus practice fields, Shands said. “There will be room for parking, and the surrounding area is heavily wooded, almost park-like,” he said.
Building foe new fields will take a community-wide effort, Mundt said. “The council’s commitment was to buy the land,” Shands said. “Developing it will be up to the Little Leagues.”
“In the past the city and our sponsors have fully supported both Little Leagues,” Mundt said.
“It’s a chance for us to get everything together and have a complex that the city can be proud of,” he said. “The kids will really look forward to playing there.”
Two teachers picked for state awards
By DENISE DZIUK
Two local high school teachers recently received recognition for their efforts and dedication to preparing students for higher education.
Gail Engler, of New Braunfels High School, and Lily Barucky, of Canyon High School, received recognition through the Texas Excellence Awards for Outstanding High School Teachers awarded annually by the Ex-Students’ Association of the The University of Texas at Austin. Engler and Barucky were among 188 honorees statewide.
A selection committee will now look at foe nominees, and IO will be selected to represent the group at a banquet and conference being held ut February.
The award recognizes teachers who make a special effort to prepare their students for higher education, while
also promoting public esteem for the teaching profession in Texas. Heather Ullmann, coordinator of the Texas
Excellence Awards, said the award is a way of recognizing teachers, which is not done often enough.
Engler has been a teacher for 15 years, and was nominated by Principal John Turman. Turman said he nominated her because of her dedication to helping all students, even ones that are not in her class
“She’s an outstanding teacher. She has gone out of her way to help students both before and after school,” said Turman. "She’s always available, and willing to do what she can to help students achieve.”
Barucky has been a teacher for seven years, and was nominated by Principal Will Krieg. Klieg said he nominated Barucky because “she’s an outstanding teacher,” and is active in the extracurricular activities, as well as in the community.
“Based on her relationship with her students, and the various activities she takes part in, I felt like she qualified as an outstanding teacher,” he said.
Improvements, new fees planned for Canyon Park
The U.S. Army Corps of Engineers will begin making improvements to the Canyon Park beach area at Canyon Lake and charge day use fees starting March I, 1996. Improvements will consist of consolidating two beaches into a larger one on the southeast shore, upgrading beach access and parking, and developing the north shore into a group use area.
The program consists of a $1 fee per person (over the age of 12) for use of the swimming beach, up to a maximum charge of $3 per vehicle.
Day use fees were authorized by budget deficit legislation of 1993 and implemented in 1994. The improvements are part of a comprehensive effort to upgrade and effectively manage facilities at Canyon.For subscription or advertising information, call the 625 914