New Braunfels Herald Zeitung (Newspaper) - October 30, 1991, New Braunfels, Texas
October 30, 1991
Vol. 139, No. 246
Serving NEW BRAUNFELS and COMAL Cw-nfY / Home of Kelly Clark.
By MARK WARNKEN Staff Writer
New Braunfels will go without a mayor a while longer following a deadlocked City Council vote Tues* day night.
Council members Clinton Brandt, Loraine Kraft and Bill Arnold voted to elect Brandt as mayor, and council members Pail Fraser, Rudy Seidel and James Goodbread voted for Fraser. Mayor Pm Tem Ramon Chapa Jr. nominated and voted for himself.
Brandt was nominated by Kraft, while Seidel nominated Fraser.
The council, again divided, then voted 5-2 to table election of the mayor until the next regular meeting in two weeks, with Brandt and Fraser opposing the delay. Until then, Chapa will continue serving as temporary mayor.
The City Council was scheduled to consider election of a new mayor and, if Chapa were elected, election of a mayor pro tem during Tuesday’s meeting. The council elects a mayor from among its members, according
The New Braunfels Herald Zeitung wishes “happy birthday' today to Raynaldo Villarreal Jr., Tara Edwards, Blanch Frey, Kathy Noble, Susie Teluchik, Viona Meyer, Judy Kovacs Long, Pant Williford, Caroline Haas, Brna I-ricscnhahn, Michael Kelley, Tup cr Wood, Chad Wehe.
“Happy anniversary'* today to Nayo and Marcy Leos.
Belated birthday wishes to John Moos, Patty Monn Ludewig, Pam Hoppe Ludewig md Hector Valdez Jr.
Belated anniversary wishes to Dave and Chery l DuVali.
Know of a birthday or anniversary? Give our reception^ a call the day before at 625-9144 — we’d like to share in the greetings.
New Braunfels Conservation Society will be selling potato soup, sandwiches, coffee cake and beverages at the Kaffee Haus in the lobby of the Civic Center so come see the Heritage Exhibit and lake time lo have some refreshment or take your lunch break from Nov. I IO from IO a.rn. to 6 p.m. daily.
GVTC offers tickets
Guadalupe Valley Telephone Cooperative Inc. has obtained from the New Braunfels Wurstfest Association discount admission tickets to Wurstfest for the evening of Monday, Nov. 4. These tickets allow for cnuance to both the grounds and the Wursthalle, which normally would cost $8. GVTC is offering these tickets to its membership for die reduced price of S2.77 each (tax included). All proceeds will go to the Wurstfest Scholarship Fund. Tickets will be sold al the GV IC office, located at HK) EM 3159, on a first comr first serve basis.
The Holiday Inn in New Braunfels will sjxjiixor a haunted house Thursday, (Jct. 31 from 5:30 to 9 p in. Children enter free and candy will be distributed
Se* STAMM TISCH, Page 2A
Carry your jackets and umbrellas today because the high temperature will only reach about 58 degrees arid there’s a good chance of showers in the forecast. Tonight’s low will dip down into die liigh 40s Hie high in New Braunfels Tuesday was 84 arui die recorded low was 50. Rainfall in the city Tuesday was .66 1
SPORTS .. FUA
to the city charter. At least four votes are needed to elect a mayor.
Before the vote to table, Fraser, Goodbread, and residents Jim Mcll-vaine and Sam Henderson said the council deadlock is an example of why the mayor needs to be elected by popular vote, a charter change supported by Goodbread and now under consideration by a citizens charter review committee.
The mayor’s office became vacant after Goodbread *s resignation on Oct. 14. Goodbread, who will continue to serve as a council member, attended last night’s meeting after a stay in the hospital recovering from a minor illness brought on by stress and complications from his diabetes.
After the meeting, Chapa said he knew he wouldn’t be elected mayor, but decided to nominate and vote for himself as a matter of principle and to not worry about appearances.
Chapa said he believes he has earned the mayor’s job during his past five years as mayor pro tem, but said
See Page 2A
From left, Brandt, Fras-er and Chapa.
some influencial people in the community don’t want a Hispanic mayor.
“I sometimes say it’s because of race. I really don’t want to believe that, but I find it hard to believe that incidents that might have happened in June or July come out in the open four days before the mayor’s election,” Chapa said.
Chaps was referring to his second divorce, finalized last week amid allegations of physical and mental abuse
leveled by his wife, allegations Chapa denies. New Braunfels Police Department reports show his former wife filed two complaints against him concerning incidents cm June I and July 28, but police filed no charges against him.
Chapa said Fraser, who has been on the council less than a year, was less qualified to serve as mayor based on seniority and that Brandt first told the council that he had no desire to be
mayor but then sought the office.
“I myself will not change my vote,” Chapa said. “If the two sides want to negotiate with each other on going one way or the other, it’s up to them. But if anyone deserves to be mayor, it should be me.
“The council is divided. Regardless of how much they say they want to unite and work together, there’s two sides on that City Council,” he said.
After the meeting, Fraser said that, despite the impasse, he would continue to pursue the mayor’s office arui attempt to build on Seidel’s and Good bread’s support.
‘The best thing I can do at this point is assert my leadership skills to demonstrate to some of the others that I’m able to do this job and that I ’rn the best person for the job, in my opinion,” Fraser said.
“As a council member. I’ve been willing to lake the responsibility, and
since I’ve been in this office I’ve devoted a lot of time to it. I want the mayor’s job, and I’m going to lobby for it,” he said.
Brandt, also interviewed after the meeting, said election of a new mayor seems to hinge on Chapa’s vote because neither side appears willing to change their position.
“Whatever comes out of this is probably going to hinge on what Mr. Chapa does,” Brandt said. “And I’m sure he will make the right decision.”
Brandt said that although he didn’t plan to actively seek the mayor’s office at first, recent developments and community feedback changed his mind.
“I guess one of the primary reasons is that I don’t believe this council needs to go through any more adverse publicity,” Brandt said. “To avoid that, it was my decision to run for mayor because of Mr. Chapa’s situation. And I was unaware of the fact that Mr. Fraser was running until
SM VOTE, Pag* 2A
By ROBERT STEWART Staff Writar
Janies Calvin Lewis, 60, of New Braunfels has been sentenced to life imprisonment and fined $10,000 after visiting District Judge Ray Mormino found him guilty Tuesday on charges of aggravated sexual assault.
‘The child is what made the casc," said Distnct Attorney Hill M. Reimcr. “The judge looked at the testimony of the little girl who was on the stand for four hours and never lost her consistency — even with the defense questioning jumping around (lo different subjects)."
The case was the first time in Comal County that a child victim was allowed to testify in an adjacent room with live video transmission to the courtroom. A statute allowing this setup came from a ruling Sept. I called die Garcia case, Reimcr said.
The trial’s second (Jay began with court appointed defense attorney Ronald D. Zipp continuing his cross-examination of the 8 year old girl.
Renner objected when Zipp asked the girl to describe certain physical proportions of the attacker. Mormino advised that sensitivity should be used and that loo much time was lie mg sjicnt keeping the girl on the witness stand. Reimcr also objected to “fishing expedition’’ questioning of the girl and Mormino advised die defense to keep the questions relevant.
Sa* GUIL IV, Pug* 2A
Jail order may be lifted
By MARK WARNKEN 8taff Writar
A San Antonio federal judge is expected to decide early next week whether to lift federal court supervision from the Comal County jail sys lent for the first time since 1983,
County Attorney Nathan Rheinlan der said while no final decision lias yet been made, he is confident U.S. District Judge John Primono will declare the county in “substantial compliance” with conditions of a legal settlement involving jail conditions and thereby terminate court supervision.
Sheriff Jack Bremer, the jail administrator and his assistant, the assistant county attorney, arid Rheinlartdcr attended a short hearing Tuesday morning in San Antonio lo review the findings of a court-appointed monitor, charged with inveiUgating — for a four month period that ended Oct. 15 — the county’• compliance with the most recent settlement with inmates, represented by a court appointed attorney.
“It sounder! like, based on die pre sentaiions that were made on both sides, that he (Primono) was satisfied that we had done a sui fie lent job representing both interests and that the case had been fairly negotiated arid
fairly litigated, and I really expect and anticipate that he will approve the settlement next week,” Rile inlander said.
If die judge docs terminate federal supervision, the case essentially will be dismissed, lifting a complicated and Ume-consuming burden on die county, officials say.
Since 1989, die county attorney’s office has produced more than 600 pages of legal document* concerning the case, Rheinlander said. The assis Unit county attorney recently has dealt almost exclusively with the Delgado case, lie said.
“It has been a long term effort,” Rheinlander said.
Iii 1981, New Braunfels resident Robert Delgado, an inmate al die old Comal County Jail, sued the former sheriff regarding jail conditions on the behalf of inmates dien and in die future.
Instead of going to court, both par ues agreed to a settlement requiring Comal County to build the new jail on San Antonio Street and to adopt certain [ xii ic ie* and procedures. Conditions of the court approved agreement, sdll in effect today, are included in the inmate handbook, Rheinlander said.
Iii die summer of 1989, Delgado was again jailed, dtis lime iii the new
facility, and he filed a motion for contempt with the federal court alleging several violations of the settlement, again oil the mn tales' behalf. Court appointed auomey Robert Shaw Meadow of San Antonio has reprc seined die plaintiffs during the last couple years.
'The alleged settlement violations, all legally refuted by the county, included institution of a no smoking policy, denial of recreational opportunities, inadequate food service, inadequate staffing, inadequate library services, inadequate medical care, arbitrary mass punishment and failure to follow grievance procedures, and unhealthy living condi lions,
In March of this year, the parties agreed to another settlement after a court ordered 12-hour mediation session.
Rheinlander said die county was adamant that this second settlement, approved by the Commissioners Court in July, include a provision for a prompt and definite end to court supervision, as opposed to the first, open ended settlement. This provision included the impartial third party monitoring the county's compliance for four mon dis.
Make it safe at Halloween
By ROBERT STEWART
Tomorrow is Halloween and safety needs to be on the minds of New Braunfels residents, said Mike Orist, Safe City Commission director.
“The Parks Department is having something at the bath house in Landa Park, the Fire Department is having something at the old main fire station, some of the schools are having something and the best thing I can suggest is togo to those organised activities and only accept candy from people with those groups,** Grist said. “Otherwise, stay in your own neighborhood and go to your own neighbors.”
Parents should accompany their children while trick-or-treating and carefully check all candy, apples and other goodies the kids get, Orist said.
“lf we could just tell people to use their common sense it would help,” Orist said.
He added the motorists should drive slowly Thursday night and
be extra aware of the possibility of ■natl pedestrian* running into the Areel.
Other safety tips include:
• Wear light colored clothing, short enough to prevent tripping and add reflectors or reflective tape to costumes.
• Make sure children can see through face masks.
• Trick or treat during daylight and carry a flashlight in case of delay.
• Only give or accept wrapped or packaged candy.
• Watch for traffic.
Homeowners should be sure that yards are clear of debris arid well-lit. Also, dogs and other potential pests should be keg* under control and away from from doors.
Besides the haunted houses mentioned above, the Mill Store Plaza will be having a “Halloween Extravaganza” hum 5-8:30 p m, with a costume contest with prizes md door-to-door trick-or-treating at all Mores. There will also be appearances by McOruff the Crime Doe and the McKH Memorial Hospital stork.