New Braunfels Herald Zeitung (Newspaper) - October 24, 1996, New Braunfels, Texas
ThursdayVolleyball playoff picture to become clear. See Page 5.
To contribute to the United Way. call 620-7760
20332 N009 10/22/99
SO-UEST MICROPUBLISHING 2627 E YANDELL DR
EL PASO, TX 79903-
12 pages in one section ■ Thursday, October 24,1996
Serving Comal County and surrounding areas for more than 144 years ■ Home of DTO MILLER
Vol. 144, No. 248
Birthday wioHas from tho Harold Zattunql
The New Braunfels Herald-Zeitung extends birthday wishes to: Timothy Grinley, Dariine Moos, Dee Oliver, Bill Rudd, Raymond McLeoird, Karen Lewis, Chance Weaver, Denver Schaake (6 years old), Doc Miller, Drew Campbell, Toni Hansmann (7 years), Reed Newell (12 years) arid Evan and Evelyn Powell (IO years).Anniversary wishes are extended to: Jennifer and Blake Simpson.
To have a birthday or anniversary listed here, call 625-9144.
EAA’s dry year option plan to be revised
By DAVIO DEKUNDER
SAN ANTONIO — It’s back to the drawing board for the development of a dry year option program for suppliers and customers of the Edwards Aquifer.
An ad-hoc committee of the Edwards Aquifer Authority recommended Wednesday afternoon to pursue other means of developing the pilot project of the dry year option program after considering what the benefits
See related story, page 2
would be to potential buyers, such as utilities, municipalities, water supply corporations and others in the region who would pay to make it work.
The dry year option program is being considered by the EAA as a way to conserve and pump less water during times of severe drought.
The proposed program involves agreements between buyers and imgation farmers that would stop farmers from pumping ground water during a set period in exchange for a predetermined payment.
In the Oct. 10 edition of the Herald-Zeitung, a story about Paul Glenn Winter, 45, who pled no contest to charges of sexual assault and tampering with evidence, should have indicated the case will be dismissed as long as Winsett completes 10 years of probation after which he would not receive a conviction.
Dry year option supporter
San Antonio Water Systems is the only supplier to offer to participate in a dry year option program. SAWS has offered $500,000 to the EAA
The buyers in the dry year option program would be municipal and industnal water users.
Michael Albach, EAA division manager, said three options were being considered to benefit buyers participating in the dry year option as part of the critical management plan.
The first option to buyers, Albach said, would be to relax specific restrictions on the critical management plan for the water supplier or users.
“They could achieve maximum allowable usage and still meet the restrictions,” Albach said.
The second option would allow the buyers to go into specific stages later than non-buyers.
For example, under the proposed plan a buyer would enter into Stage I restrictions when Comal Spnngs aa* flowing at 190 cubic feet per second instead of the current standard of 200 cfs.
The third option would allow a buyer to use part of the water he paid farmers not to use for irrigation.
For example, Albach said, a buyer who purchased 1,000 acre feet of water under the dry year option program could possibly use a half, a third or fourth of that.
But Albach said the EAA would have to have a clearly defined critical management
plan before any dry year option could possibly be implemented because triggering levels have not been agreed upon.
“There is disagreement on the board on the various triggering levels,” Albach said. “It is hard to say what benefits would be provided.”
San Antonio Water Systems is the only supplier to ofter to participate in dry year option program. SAWS has offered $5(X),(XX) to the EAA.
Comal County EAA representative and New Braunfels Utilities General Manager Paula DiFonzo, like the rest of her EAA board counterparts, believes the dry year option program proposal only benefits the buyers, not the rest of the aquifer’s water users. It would do little to conserve water, DiFonzo said.
“I don’t think we would be able to get this project through by the leasing or transfer of water rights,” DiFonzo said after the committee meeting concluded. “It would be very difficult. If you give credit to purchasers or buyers, it is no longer a dry year option.”
Guadalupe-Bianco River Authority General Manager Bill West told the committee it should consider getting funds for the dry year option program from the Texas Water Development Board or the federal government.
“I think the (Texas) water development board should fund a little bit of it,” West said. “lf you get the feds to fund the program, the benefits would go to all the users. We would then just try and see whether or not through the mechanics it meets its purpose.”
West said he will meet with TWDB representatives to discuss the dry year option proposal.Inside
PoBtn Count Mold—1,604
Coder Elm —4 Cedar —8 Grass —6 Ragweed —70 (PoHen measured In parti par malar et
air. Information prowled by Dr. Frank
I la Tin nl \
ii ivBr ii i rut 11 •mon
Comal River—168 cubic feat par second, same as Wednesday.
Edwards Aquifer Panther Canyon Wed — 622.96 feet above aaa level, same as Wednesday.
Canyon Dam discharge — 90 cfs Canyon Lake inflow — 53 cfs Canyon Lake level — 904.24 feet above aaa level. (Below conservation pool.)
New Braunfels Utilities NBL) reports pumping 6.985 million gallons of surface water, and no well water was used Wednesday.
Ullrich testifies he feared for his life during fight
Defendant continues testimony today
By ABE LEVY
SAN MARCOS — Lawyers huddled with State District Judge Jack Robison this morning, delaying the resumption of the murder trial of Paul Scott Ullrich.
It is likely both defense and prosecution teams will conclude their cases Friday, which could delay any jury judgement until next week.
Ullrich, charged with the stabbing death of a Comal County deputy constable earlier this year, took the stand at his trial Wednesday and tearfully testified he stabbed the victim because he feared for his own life.
The victim was 34-year-old Ben Kiesling, a carpenter and deputy constable for Precinct I, who had married Ullrich’s ex-wife, Sandy Kiesling, less than a month before his death on Jan. 22.
Ullrich said he confronted Kiesling that day to ask about a temporary restraining order he was served three days earlier banning him from the proximity of the Kiesling residence.
The exchange escalated into a fist fight, during which Ullrich said he thought Kiesling appeared to reach for a firearm near his waist. A medical examiner who performed Kiesling’s autopsy confirmed that the knife pierced Kies-ling’s heart, causing him to bleed to death.
Ullrich pleaded innocent to the charge at his arraignment Monday. If convicted, he faces a maximum sentence of life in prison and a $10,000 fine.
“I never hit him,” Ullrich, 39, said. “I didn't have a chance. After I was hit, I cowered down and fended off blows with my left arm. He
stopped, and his hand reached back and went to his waist area. I panicked, pulled my knife and stabbed him.” *
David Ikels, a friend Kiesling was picking up for work at about 7 a.m. the day of the slaying, testified that Ullrich shoved Kiesling first and the two exchanged equal blows. The incident allegedly took place in front of Ikels’ trailer house off of Highway 46 in east New Braunfels.
Ullrich continued his testimony by saying he followed Kiesling down the road and then turned back to his parked truck and noticed his daughter was in Kiesling’s truck. He said she got out of Kiesling’s truck, and Ullrich then led her to his truck and took her to nearby Frazier Elementary School.
Ullrich said he then went to his father’s house at 840 Rosemary Drive, where he asked the older Ullrich to escort him to the police station to report the incident as an assault on him.
Assistant District Attorney Dib Waldrip asked Ullrich in cross-examination to re-enact the fight with a mannequin, handing him the alleged murder weapon, a lock-blade knife that Ullrich said he led police to on a section of the Interstate 35 frontage road.
Ullrich said he threw the knife from his truck after he realized his daughter, whom he took to school that morning, was looking at it.
“I was carrying her books and she got out,” Ullrich said. “I drove my daughter to school. I noticed I was still holding the knife, and I noticed my daughter was looking at it. So I threw it out. When I dropped her off I told her I loved her, and she told me she loved me.”
Turn to Ullrich, Page 2
Richard Kouri .president of tbs Tbmm State Teachers Association, will speak to a combined meeting of the New Braunfels Educators and the Pomal Educators associations arid guests at 7 p.m. today at OakRun School.
He will speak about the role of TSTA in promoting public education. A question and answer period will follow. The public is invited.
Bfbuoui lunch to benefit United Way
A barbecue lunch from 11:30 arn to 1 p.m. Friday at TXI Park will benefit the local United Way. Plates are $5 each. Call the United Way at 620-7760 for more ticket information.
Community Cl tom!# ct one ort on Sunday
The New Braunfels Community Chorale will present a concert of familiar songs of Gershwin, Berlin, Carmichael and others at 4 p.m. on Sunday at First Baptist Church..
Drug abut* putrid
forum at 7 pjn.
Today is Pledge Thursday of Red Ribbon Week. Drug-free pledge cards will be distributed at local schools today for students to sign. A public forum on the community’s drug problem will be at 7 p.m. today at the NBISD Education Center, 430 W. Mill St. Local, state and federal law enforcement representatives will be on hand for the event.
Hauntod houso and games planned
A haunted house and game booths will be open from 6 to 10 p.m. Saturday and 6 to 9 p.m. Sunday at St. Andrew Lutheran Church, 7420 FM 2722 in Starkville. $3 per person, $2.50 lf with group of six or more.
Con* arval! on group ■WWlte at Parti* Store
The New Braunfels Conservation Society meets at 7:30 p.m. today in the Forke Store. The Canyon Choir Balladeers will provide entertainment. New members and visitors invited.
Conflict question studied by
Padilla’s job with appraisal district focus of discussion
By DOUSE DZIUK
A member of the New Braunfels Independent School District Board of Trustees has asked the superintendent to look into whether a board member’s job and his seat on the board represent a conflict of interest.
Board President Jaime Padilla is pn appraiser for the Comal Appraisal —
District. The bound- ‘I normally abstain
aries of the district in which Padilla sets property values
from voting, and I’m glad (Spain) pointed
overlap with it out to ma.’
NBISD boundanes. _ Jaime Padilla
As an appraiser, NBISD board president
Padilla sets the val--
ue of the property that he then taxes in his role as a school board member.
The board, at its meeting Monday, considered approval of an interlocal contract between the school district and the appraisal distnct that would require the NBISD to pay for CAD services. As board president, Padilla would normally sign the contract.
Trustee Bette Spain interrupted the discussion on the contract as soon as it started, asking Padilla to step down due to a conflict of interest. Padilla agreed, and did so. leaving his seat with the other board members.
Spain said she felt compelled to make the request.
“Since he made no move to do it, I requested he step down,” Spain said. “I’m not trying to run his life, and I assume it’s something he has checked out already .”
Following the approval of the contract, Trustee Leo Chafin asked Superintendent Charles Bradberry to ask the district’s attorney for a clarification on the issue.
Chafin said he “wants it in writing.”
“I don’t really know if there is a conflict of interest or not,” Chafin said, “lf there is, there’s certainly state laws regarding that.”
Padilla said there are a few items that arc related to the appraisal district that could be considered a conflict of interest, including the CAD budget and nominations for the CAD board of directors.
That’s why he usually abstains from voting on those matters, Padilla said.
“I normally abstain from voting, and I’m glad (Spam) pointed it out to me,” Padilla said.
This year is Padilla’s fifth year on the board, and in that time, no one has questioned the possibility of a conflict of interest, he said.
Padilla does not consider it a conflict of interest as long as he abstains from voting on issues relating to the two districts.
“In fact, when I first got on the board, (Lynn Rodgers, CAD chief appraiser) and I discussed it, and at that time we found no legal reason for me not to take my seat, other than people may be perceiving it,” Padilla said. “I wouldn’t have gotten involved in it if I knew somebody would later say ‘That’s illegal. You can’t participate.’”
Rodgers said he is not aware of any problems in the past.
Rodgers said he has no problem with Padilla’s position on the board, and he expects the board president to recuse himself from any discussions pertaining to the CAD.
“It is something I have personally spoken with Mr. Padilla about, and I urged him to use extreme caution to not even
Turn to Padilla, Page 2Red Ribbon Week activities proof local battle against drug abuse still being waged. See Page 4