New Braunfels Herald Zeitung (Newspaper) - October 25, 1996, New Braunfels, Texas
Cross country district meets this Saturday. See Sports,
Donations so for —• $158,430
To contribute to the United Way, caH 620-7760
20332 M009 10/22/99
SO-UEST MICROPUBLISHING 2627 E YANDELL DR
EL PASO, TX 79903-
14 pages in two sections ■ Friday, October 25,1996
Serving Comal County and surrounding areas for more than 144 years ■ Home of FELICIA LOMBARDO
Vol. 144. No. 249
Birthday wlihii from ho Horatdlottung!
The New Braunfels Herald-Zeitung extends birthday wishes to: Lucy Rosales, Michael Brooks, Xxina Leifeste, Rose Neria, Jeri Irumbelow (Saturday), Julia Soef-. e (Saturday), David Giese, Jimmy Guerrero, David Guerrero, Kalyn Callia, Skylar Togliabue, Lieu Collins (Saturday), Jeanie Goodwin (Saturday), Felicia Lombardo (5 years Saturday), Sandi Mathe-son (Saturday), Brad Cooney (31 years), Viola Helen Stephenson 79), Elizabeth Barboza (17 rears), Louis Valdez DI, Ellen limmons (90 years), Ruben Leal lr. (13 years), Virginia Villalobos, inda Raethke, Kelly Greenlees ;i I years belated) and Jesse Montanez.
Anniversary wishes are extended to: Becky and Carl Scheel, Crystal and Richard Daily, BJ. and Carol Ann Condley (3 years), Roberta and Steve Norris (21 years) and Oscar and Norma Schneider (Saturday).
Pollan Count Mold—480
Ragweed — tract
(Poten mMMurad in parts par cubic mater ct rn. irworrnaoon provtoM ny ut rfimc Hampal.)
rove* wnurnuraon Comal RN*--171 cubic to* per second, up 3 from Thuradey.
CAMris Aquifer Panther Canyon We! —BBS l>e> above eta levi. up .01
1 Canyon Oam dtocherge—Mon Canyon Lake inflow—57 ole Canyon Lake level — 904.23 feat above aaa level. (Balow conservation (tool.)
NBU mpohepumping 6.957 miion gallons of surtaoe water, and no wail water was ueed Thursday.
Don’t forget to set your clocks back one hour at 2 a.m. Sunday. Enjoy that extra hour of sleep!
Community Chorals conc ort cm Sundoy
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.
Haunted house and games pUmnod
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 Startzville. $3 per person, $2.50 if with group of six or more.
Town Moll mooting noxt Tuoodoy
Cathy Talcott, District 5 council member, will hold a Town Hall meeting at 7 p.m. on Tuesday at the Municipal Building, 424 S. Casted St.
Mow orgonhrotlon to
"S.O.S.” Save Our Schools is organizing to address the issues that are coming before the New Braunfels Independent School District.
An organizational meeting will be at 7 p.m. Monday at the Senior Citizen Center, 655 Lan-da St.
Clothing drfvo now •coopting donations
New Braunfels Utilities along with other area businesses are sponsoring the “Share the Warmth" clothing drive this year Distribution is from 1 to 4 p.m. Saturday at United Methodist Church’s Wesley Hall.
Bradberry mulls offer from Keller
By DENISE DZIUK
New Braunfels Independent School District Superintendent Charles Bradberry said it will be die end of next week before he decides whether or not to take another job offer.
Bradberry interviewed for the superintendent position at Keller 1SD near Fort Worth last Friday, and he was offered a job on Saturday.
*1 Won*! be making any kind of decision until Friday or Saturday of next week,** Bradberry said.
Bradberry said Keller ISD officials had planned on coming to New Braunfels for a visit.
“I have not talked to them, so I don’t know what their specific plan is,” Bradbeny said. “I do hope to get to talk to them today at lunch.”
Bradbeny is in his 14th year with NBISD.
Ullrich trial might see verdict today
By ABE LEVY
SAN MARCOS — Lawyers for Paul Scott Ullrich, on trial for the murder of off-duty Deputy Constable Ben Riesling, reopened their case Friday morning to hear testimony from a New Braunfels Police Department night supervisor about an incident in June 1995 in which Ullrich claims Kiesling brandished a gun at him.
Following the testimony, the jury was released until noon to hear the jury charge,which attorneys for both side have been working on for more than a week.
The jury also indicated it did not wish to work this weekend and may try to render a verdict this afternoon. If not, they will work Monday.
Ullrich’s attorney moved for a mistrial Thursday after a private investigator he hired admit
ted under oath he thought Ullrich had stalked the victim and his family.
State District Judge Jack Robison denied the motion, but said he would take it under advisement.
“If I’ve done this, I don't want this case to go forward,” defense attorney Wade Arledge told the judge. “What’s happened here is something I’m responsible for and not my client.”
Ullrich, 39, pleaded not guilty to the stabbing death of Kiesling on the morning of Jan. 22 at a trailer park off of Highway 46 in east New Braunfels. If convicted, he faces a maximum penalty of life in prison and a $10,000 fine.
Ullrich claims self-defense in the slaying of Riesling, who married the defendant’s ex-wife only a month before his death.
Court testimony indicates Ullrich, at about 7 a.m. Jan. 22, drove to the trailer home of one of Riesling’s friends, whom the victim routinely gave a ride to work.
Ullrich’s daughter, who was then 8 years old, was in Riesling's truck at the time the two met and engaged in a fist fight.
Ullrich testified Wednesday he stabbed Riesling's torso with a lock-blade buck knife during the fight, because he believed the victim was reaching for a gun.
The trial was moved from Comal County to Hays County after a ruling that pretrial publicity and Riesling's popularity made it impossible for Ullrich to obtain a fair trial.
At issue is a critical comment that private investigator Johnnie Rodriguez made on the stand about a visit with Riesling's former girlfriend, Lorraine Benjamin.
Unknown to Rodriguez, who was working for the defense. Benjamin tape recorded her conversation with him. The recording, which was played before the jury, quotes Rodriguez as
Turn to Ullrich. Page 2A
A New Vision For Women
ONN trameling, ran; imrociucss nofwif to in# wovrran giumviu v nuriQiy vt nmo nmcn chamber of commote# tor wonton.
Herald-Zaitung photo by MICHAEL DARNALL Grill for tho organizational mooting
Women’s chamber idea finds support
By DAVID DEKUNOER
Aret businesswomen packed the Pinto Ranch Grill Thursday to hear about efforts to (farm a chamber of commerce for women in New Braunfels.
Susan Phillips, a local promotions coordinator and events consultant, saki 60 women showed up for the meeting. Phillips is the force behind the effort to form the Greater New Braunfels Chamber of Commerce for Women.
“I expected 20 to 30 people,” Phillips said. ’’But word of mouth got around and
they kept streaming in. The meeting started late because there was no room for everyone, and they had to bring more tables.” Phillips said women from all walks of life — doctors, lawyers, teachers and business professionals — came to the meeting to show their support for the fledgling organization.
’’It was overwhelming,” Phillips said. ‘They are eager to get going. Everyone wants to get involved.”
Phillips said a nominating committee will be set up to recommend officers and candidates for the chamber’s board of directors, who will be elected at the organization’s
next meeting in three weeks.
The role of the women’s chamber will be to promote women’s businesses, help to get new businesses operated by women started and mentoring younger women who want to get started in business, Phillips said.
Phillips is hoping for widespread support for the new chamber from the New Braunfels business community.
“We had IO women from the Greater Hispanic Chamber of Commerce who gave us their total support,” Phillips said. "We are hoping for the support from the Greater New Braunfels Chamber of Commerce and we are hoping to work with both chambers.”
School transition tricky
By DENISE DZIUK
As construction nears completion on three new intermediate schools in the Comal Independent School District, the administration is looking ahead at how to achieve a smooth transition into the schools.
“The closer (the move-in) gets, the firmer our plans get,” CISD Superintendent Jerry Major said.
Major said the three new schools were originally slated to be completed and opened at the same time.
Biri delays have staggered the completions over a period of a month to six weeks.
In response to the new completion dates, Major said the start-up dates also will be staggered, which could be a benefit to the district.
“We think by staggering these moves, we can concentrate on getting one up and running, then another, and then another,” Major said.
Mountain Valley Intermediate School will be the first to open, with classes beginning at
the new school on Dec. 16.
Students are scheduled to begin classes at Arlon Seay Intermediate School on Jan. 7.
Canyon Intermediate School will be the last to open on Jan. 21, 1997. The third-grade students from Rahe Primary School also will begin classes at Bulverde Elementary School on Jan. 21.
Trustee John Clay raised some concerns about the two weeks students will spend in class between the end of winter break and the opening of the new school. He said he would like to see the completion and start-up date moved up.
“I sure hope they get going and get that move up to Jan. 7,” Clay said. “I know those parents of kids in Comal won’t be very happy. I won’t be very happy.”
Major said he understands the concerns, and the move-in date will be moved up if construction concludes at an earlier date.
The new intermediate schools, which were funded by a $17.6 million bond issue in 1994, will house students in the fifth and sixth grades.
Officials look at SYMS opening
By DENISE DZIUK
After discussing when students will begin classes in the new intermediate school, the Comal Independent School District Board of Trustees began plans for enrollment in the upcoming Spring Branch Middle School.
CISD Superintendent Jerry Major said the school is slated to open in January 1998, and the administration is already looking at how the grade levels will be split between SBMS, Smithson Valley Middle School and Smithson Valley High School.
“The bad news is we still won’t have a school (by next fall),” Major said. “The other news is we still have the kiddos to put somewhere.”
The following are current options, in order of the district’s preference:
■ Fall 1997: SVHS-grades 9 through 12; SVMS-grades seven and eight.
Turn to Options, Page 2A
By DENISE DZIUK
A visiting district judge upheld Thursday the 1995 Comal County Commissioners Court action rescinding late night drinking hours in the unincorporated areas of the county.
Senior District Judge Hume Gofer of Austin ruled the commissioners’ action in 1979 to extend late-night drinking hours was unauthorized, a point neither side argued in Thursday’s hearing.
In February of 1995, the commissioners rescinded the 1979 order.
Bar owners filed a suit against the county and the commissioners, saying the court acted beyond its authority in rescinding the previous order extending the hours.
The commissioners maintained they were authorized to take the action and requested a summary judgment.
Madison Jechow, who represented the commissioners, argued the 1979 order w as a legislative action, and the commissioners have the authority to rescind a legislative action as long as “vested rights” are not compromised.
He said the late-night liquor license is a privilege and not a right.
Katz said the 1979 order w as a judicial act based on “discretion.”
He said judicial acts cannot be later changed by a new court, so the Commissioners Court acted outside of its authority iii rescinding thai order.
“What is at question is this case and we contend...is this act iii adopting the (extended) hours a judicial act or is it, as the (county) argues, a legislative act,” Katz said.
But Katz went on to tell the court that if it is a legislative act, the commissioners still acted outside of their authority because the code granting the power to extend the hours does not say anything about rescinding those hours.
He said the only action the county could have taken would have to be a “furtherance” of the prev ious order, and the 1995 action was "in no way a furtherance.”
But Gofer had a question about whether the Texas Alcoholic Beverage Code actually gave the county the authority to extend the drinking hours.
Gofer held a recess to give both attorneys an opportunity to prepare answers to the question.
Following the recess, both attorneys said they believed the code did grant counties that authority to extend hours.
Gofer did not agree.
In his conclusion, he said the 1995 order rectified a previous error and upheld the commissioners’ action.
"I conclude tliat the commissioners court was authorized by law to rescind the 1979 decision because I conclude that the 1979 decision was void because it was not authorized by law,” Gofer said.
Gofer went on to say that if he has made an error in interpreting the law, his judgment would remain the same.
"Because I conclude that the 1979 decision and the 1995 decision were legislative decisions, and that if the statute granted the authority it granted only the authority to enact an ordinance... and it carried with it a delegation of authority to repeal the ordinance," Gofer said.
Turn to Bars, Page 2AReflections on the change of seasons. See Opinion, page 4A.