New Braunfels Herald Zeitung (Newspaper) - October 29, 1991, New Braunfels, Texas
BEST AVAILABLE COPY
October 29, 1991
Vol. 139, No. 245
Serving NEW BRAUNFELS and COMAL COUNTY I Home of Paul Morgan Jr.
One Section, 10 Pages
The New Braunfels Herald-Zeitung wishes "happy birthday” today to Yvonne Villanueva, Cathy Hill, Cheryl A. Rothe, Quinn Kearney, Russell N. Barfing, Raymond Cass, Hellen Heid-rich, Carl Tepe, Pecks Ortiz, Tom Escamilla and Susan Caldwell.
Belated birthday wishes to Phyl-is Foerster.
Belated anniversary wishes to iijinio and Senaida Orono and Leonard and Mary Ann Hummel.
Know of a birthday or anniversary? Give our receptionist a call the day before at 625-9144 — we'd like to share in the greetings. Community Chorale
The New Braunfels Community Chorale will present a concert as a >art of Wurstfest activities Saturday, Nov. 2 at 4 p.m. at the First Protestant Church.
The children of Mission Valley Bible Church are starring in a production of Psalty’s Hymnological Adventure Through Time. They plan to visit local nursing homes beginning with Kirkwood Manor tonight at 7 p.m. Mission Valley Bible Church meets at the Christian Academy.
Preparations are being made for the East Zone meeting of Texas Garden Clubs, Inc. New Braunfels Council of Garden Clubs will sponsor the program.
District and state directors will be in attendance and all garden club members are urged to attend. Registration begins at 8 a.m. Tuesday, Nov. 12 at the new Senior Citizens Center on Landa Street. Registration forms can be obtained from club presidents or by calling Mrs. Jack Moore at 629-1144. Registration deadline is Nov. 2. A guided tour of the antique rose garden will take place after the activities for those interested.
The senior class of Smithson Valley High School will sell “Comal Bowl *91" T-shirts every day in the high school cafeteria during both lunch periods. The shirts also will be sold at Tuesday night's volleyball game. Proceeds will benefit Project Graduation. Wash tub carwash coupons are also available for $8. Coupons entitle you to “The Works Package'' valued at $11.95. Proceeds will benefit the senior class.
The Republican Men’s Club of Comal County will meet at 7:3(1 p.m. Tuesday at the Guadalupe Valley Telephone Cooperative Mike Grist, who heads the New Braunfels Safe City Commission, will present a program fillet “From Reactive to Proactive, according to spokesman Charles Billings.
Billings said the club also wil elect officers for the coming year and all members and guests are urged to be present. For more information, call Billings at 964-2624.
Organizers of the 13th Annua New Braunfels Ducks Unlimited Banquet have set this year's event for Nov. 19 al the Elks Lodge.
See STAMMTISCH, Page 2
Historic testimony given in trial
A cool front is expected lo blow through New Braunifels this afternoon bringing breezy temperatures and a good chance of showers. The high today will be in the mid-80s before the cool front pushes through dropping the temperature into the high 60s, low 70s. Tonight's low will dip down into the low 50s. The high in New Braunfels Monday was reported at 83 degrees and the low was 74. Rainfall in the city Monday was recorded at .09. For more weather information see Page 2.
SPORTS ••• ••• •• ••••••••• •••••••• •••»•• 7-S
TV LISTINGS........... ................4
By ROBERT STEWART Staff Writer
Historic testimony was given in District Court in New Braunfels on Monday in the trial of a New Braunfels man charged with aggravated sexual assault and indecency with a child.
The historic part was a video hookup that allowed the eight-year-old victim to avoid facing the defendant and testify in an adjacent room with live transmission to the courtroom.
“This is the first time this has been done in Comal County and maybe the first time in Texas since the statute was passed,** said Comal County District Attorney Bill M. Reinter.
Under cross-examination, the girl said that she had never practiced with
County dips into reserve
By MARK WARNKEN Staff Writer
Comal County Commissioners Court on Monday approved use of $550,000 in cash reserves to purchase half of the former First Federal Building downtown.
Plans call for a 50-50 split of the purchase price and the 30,000 square feet of usable floor space in the building, 199 Main Plaza, with The Hummel Museum Inc. The parking garage under the building has about 15,000 square feet and I IO parking spaces.
By using cash reserves instead of issuing certificates of obligation, the county avoids paying about $21,000 in financial adviser's fees and $33,000 in interest, although cash reserves left in the bank would have continued to draw interest, said County Judge Carter Casteel. This was the best option for taxpayers, she said.
Certificates of obligation, or COs, are similar to general obligation bonds, except they don’t require voter approval except in the event of a petition. The CO option would have added about one-third of a cent to the county's tax rate, Casteel said.
Based on estimates by the county auditor, the county will have at least $956,000 in cash reserves available at year's end.
Based on estimates by the county auditor, the county will have at least $956,000 in cash reserves available at year’s end. The county already has committed to using $258,000 of the total for computer system enhancements, arui about a third of the reserves will be used to purchase the building. The county’s financial condition won’t be affected, Casteel said.
“lf we could do it with cash, we wanted to. We felt that was the most palatable way,” Casteel said. “The estimate is that we have the money to complete our computer enhancements and buy the building without using COs.”
The county and Hummel board plan to close the deal early next week, and the Resolution Trust Corporation, which currently occupies the First Federal building, should vacate by Nov. 7. A start date for renovations hasn’t been determined.
The county’s $550,000 expense includes $360,000 for purchase of half the building, $150,000 in renovations and $40,000 for furnishings.
Building renovations will include a physical division of the building by a fire wall, the cost of which will be equally shared by the Hummel, and minor health and safety concerns, such as adding fire exits and restrooms.
The crowded county health department office now on the second floor of the Comal County Courthouse would be one likely candidate for the new space. The county set aside $135,000 in its 1992 budget for more office space for the department.
Other uses of the additional office space may include the new county fire marshal’s office, an office for the county animal warden and a larger area for absentee voting.
the video camera set-up in the courtroom but had been to the courtroom with her mother and father "to check it out.”
The trial of James Calvin Lewis, 60, of the 400 block of Academy St. continues today in District Court with visiting judge Ray Mormino of Waco presiding. Lewis, who was indicted on multiple charges of aggravated sexual assault, waived his right to a jury. Judge Mormino will issue the verdict.
The alleged incidents occurred last year when the victim was seven.
Testimony by the girl’s mother indicated that the girl did not tell what was allegedly being done to her because of death threats.
“She told me that (he) threatened to
"This is the first lime this has been done in Comal County and maybe the first time in Texas since the statute was passed." — Comal County District Attorney Bill M. Reimer.
kill her father, me and her baby brother,” the mother said.
The victim said she believed the threats because at one point, Lewis allegedly held the girl's head under the water of a swimming pool to keep her from telling, the mother said.
The mother described Monday what her daughter had finally told her about the alleged incidents.
Lewis, who was arrested in New Braunfels in February, was known for
his art business, painting styrofoam cartoon characters.
New Braunfels pediatrician Dr. Mark Douglas Sutler also testified Monday to the girl’s physical condition. He said that in his professional opinion, the girl had been sexually abused.
Court-appointed defense attorney Ronald D. Zipp requested that the eleven indictments issued to his client on the charges be separated into different trials so that the defense could better
A friendly witch
address each charge. Reimer said that this would lead to repetitiveness as basically the same case would have to be repeated over and over. The judge ruled that the indictments could remain together but grouped similar charges into different counts of the same charge.
Prosecuting the case in this combined manner allows the court to stack sentences rather than allowing them to be served concurrently, Reimer said.
At one point the judge sustained a defense objection and did not allow the prosecution to show a pornographic videotape in court that wa6 taken from Lewis' apartment. The girl testified that she remembered being forced to watch that particular tape.
By MARK WARNKEN 8taff Writer
The Comal County Commissioners Court on Monday tightened regulations of sexually-oriented businesses.
The 22-page order, unanimously approved by the court, is aimed at making an adult-oriented business in Comal County much more difficult to open, said County Attorney Nathan Rheinlander.
Based on New Braunfels and San Antonio ordinances, the county’s new order prohibits adult-oriented businesses from locating with 2£00 feet of a home, school, park or daycare center. Violations en Claes A misdemeanors punishable by fines up
Sam ADULT, Paga 2
The ghosts, goblins and witches were out Saturday when the New Braunfels Child Development Center, located on Comal Street, sponsored a Halloween party. (Photo by Annelies Schlickenrieder)
Herald to publish deer photos
The New Braudels Herald-Zeitung want! to help you tell the world when you bag your deer.
Deer seaaon opens in the New Braunfels area on Saturday, Nov. 2.
A Herald-Zeitung photographer will be ob duty throughout die day Saturday to photograph hunters Mid their deer.
On Sunday, the photographer will be at the newspaper from 9 am. until I pjm.
During the following week, deer photos will be made during the paper's regular hours, 8 am.-5:30 PJB.
Photos made will be published as soon. as possible, slid Publisher David Stiffens, with the aewipsper making as much space available as is necessary to run photos quickly.
Coordinating the deer photo effort is Herald-Zeitung Sports Editor Joe Belk.
Three officials interested in mayor’s post
By MARK WARNKEN Staff Writer
New Braunfels Mayor Pro Tem Ramon Chapa Jr. and Council Member Paul Fraser say they will accept the mayor’s office if offered, and Council Member Clinton Brandt has said he would consider accepting the position. But Council Members Loraine Kraft and Rudy Seidel say they aren’t interested at the current time.
The New Braunfels City Council is scheduled to consider election of a new mayor and, if necessary, election of a mayor pro tem during tonight’s meeting. According to the city charter, the council elects a mayor from among its members.
The mayor’s office became vacant after James Goodbread’i resignation on Oct. 14. Goodbread, who will continue to serve as a council member, has been ill in a hospital, but is expected to attend tonight's meeting. His wife said the non-serious condition was brought about by stress and complications from his diabetes.
Tuesday’s meeting was delayed one day from its usual fourth Monday slot because of an expected lack of a quorum. The regular meeting will start at 7:30 p.m. in the meeting room of the Municipal Building, 424 S. Casten Ave.
Chapa has actively sought the mayor's position, but last week saki he would not be surprised if he didn’t receive the nomination because of current behind-the-scenes politics. He said he has earned the mayor's job during his past five years as mayor pro tem, but that there appears to be influential people in the community who don't want an Hispanic mayor.
“New Braunfels could make a lot of progress by electing a Hispanic mayor ... There should be no question who's going to be mayor,” Chapa said last week.
Fraser on Tuesday said he would accept the office of mayor if it were offered to him. He declined to comment whether he had the support of the other council members or who he
supports for mayor.
“I don’t think I’m any less qualified than anybody else,” Fraser said. Tm among those who would certainly accept the nomination.''
Council Member Rudy Seidel on . Friday said that as a new council member, he wasn’t ready to accept a mayoral nomination. He also said he wasn't sure exactly who he would vote for as mayor.
Council Member Loraine Kraft said although she has been approached numerous times about being mayor, complications in her personal life, including a death in her family, and the recent turmoil at Qty Hall have left her unsure she has the time or energy needed for the difficult job ahead of the next mayor.
“Whoever does become our mayor, it's going to take Iou of time to work this thing back together, and I feel like that I just don't have that time, so no. I'm not interested," she said.
Kraft said she intends to support Brandt, who recently asked for her
vote to be mayor. About two weeks ago, Brandt said he had not decided whether he would actively seek the office, but said he would consider the nomination. He said he actively pursued the position before the council earlier this year elected Goodbread, who received Brandt’s vote.
Council Members Brandt, Goodbread and Bill Arnold could not be reached for comment this week.
In other business, the council will:
• Consider approving the first reading of an ordinance nominating an area as ai enterprise zone. A workshop to discuss a proposal to establish ai enterprise zone in New Braunfels will precede the regula meeting aa 6:30 pm.
• Consider authorizing reimbursement to council mem ben of legal expenses resulting from the recent turmoil a City Hall tha also resulted in the resignation of Qty Manager Paul Grohman.