The Burlington Free Press from Burlington, Vermont • Page 13

lip iiriinijl0tt Legislature 4B Court News 5B Money 7B Thursday, February 26, 1981 State Employees Reach Tentative Contract A Vermont Roundup State Personnel Commissioner Jacquel-Anne Chouinard said, 'There is some basis for being hopeful." Negotiators and members of the factfinding panel began their marathon bargaining session Tuesday at 9 a.m. They locked horns over the 9-month-old dispute until 3:30 p.m. Wednesday. Salary differences were the main stumbling block. Many non-economic issues were agreed to early in the bargaining process.

A two-year contract covering about 6,000 state workers expires June 30. The length of the proposed contract is unknown. Babcock, a former executive director of the state employees union, said state negotiators have agreed to make their decision known by Friday. "We have agreed they will tell the factfinding panel and the state employees association by the close of day," he said. "We are essentially waiting for (state negotiator) Alan Drachman to meet with the governor to see whether they will accept what we have come up with," he said.

Thomas Ball, the state's representative on the fact-finding panel, refused to comment on negotiations. Babcock represented the union on the three-member fact-finding panel that has met for the past two weeks in an attempt to resolve the dispute. "Both sides have indicated they have arrived at a figure which they can agree upon," Babcock said. Wednesday was the last scheduled day for fact finding. Terms of the proposed contract were not released.

Pending approval by union members and Snelling, the package will be sent to the Vermont Legislature for consideration. By DAVID KARVELAS Frm Pm Capitol Bureau MONTPELIER Negotiators for the state and the Vermont State Employees Association reached tentative agreement Wednesday on a proposed contract for state workers, according to a union representative. The compromise, hammered out after 31 straight hours of bargaining, must be approved by Gov. Richard Snelling and union membership. "We have reached what amounts to a tentative agreement," said a fatigued and raspy-throated Robert Babcock Jr.

Murder Charge Refiled On JLJ Judge Dismisses Break-In Charge Against Landlord ST. JOHNSBURY A District Court judge has dismissed a charge of breaking and entering in the nighttime brought against Louis Ferris 24, of St. Johnsbury. Ferris, owner and landlord of the New Avenue Hotel, had been charged with breaking into the William Lyons' apartment on Oct. 2 with intent to steal.

Judge Theodore Mandeville denied motions to dismiss charges of grand larceny and unlawful trespass. The judge said there is sufficient evidence to indicate Ferris could have stolen albums, a stereo, a television set, two radios, a tape player, a hammer and cassette tapes from Lyons. Mandeville also would not dismiss the charge of unlawful mischief in which Ferris is al-' leged to have kicked down the door of the apartment of Beatrice Miller and Cindy Britch. The court affidavit said Ferris knocked down the door -4 Dec. 8, kicking it off its hinges and hitting Miss Britch in the head.

Woman Sentenced For Worthless $8,650 Check Sharon F. Woodward, 32, of South Burlington received a suspended nine-to-12-month sentence in Vermont District Court Wednesday for writing a $8,650 check on a closed account. She was put on probation. Woodward, who filed for bankruptcy in August, pleaded no contest Nov. 14.

She was ordered to pay back $7,150, plus 12 percent interest from the date of the offense, to Homes Unlimited on Pearl Street. According to court records, Ms. Woodward wrote a check for $8,650 last May to pay back a loan she obtained from Homes Unlimited for business improvements at Alternative Child Care on Shelburne Street. The account it was drawn on had been closed, records said. Free Press Photo by MIKE DONOGHUE Suspect Returns John Quesnel of Johnson, wanted by the Lamoille County Sheriffs Department on a charge of unauthorized removal of a body, is arrested by Chief Deputy Keith Bradley as he steps from a plane at Burlington International Airport Wednesday night.

Quesnel, 44, fled to California last week after being questioned about the disap- pearance of Mitchell L. Bishop 45, of Johnson, who authorities believe is a homicide victim. Quesnel was taken to the Lamoille County Jail and is to be arraigned today in Vermont District Court. Officials said Quesnel told them he wanted to come back 'and get it over Airport Police Cpl. Wendell Worth is at center.

Autopsy Shows Blaze Victim Beaten to Death Before Fire Candon Outlines Budget By DAVID KARVELAS Free Press Capitol Bureau MONTPELIER The state Human Services Agency is seeking an additional $6.5. million next year to fund new programs, expand services to disabled persons and cover an increase in welfare benefits. Agency Secretary Elizabeth Candon, who outlined the agency's budget request to the House Appropriations Committee Wednesday, said the funds would be used to encourage self-reliance and meet the basic needs of Vermonters. Alcohol rehabilitation, aid to the elderly and new services for the mentally ill are tagged to receive more money in 1982. Sister Candon told committee members the agency will attempt to fight prejudice against poor and handicapped people by getting communities involved in local projects.

These people should be able to live in a community and be accepted as human beings," she said." One of the agency's proposals calls for creation of five group homes for mentally disabled residents. The Appropriations Committee is reviewing the agency's budget request along with the rest of state government's proposed spending blueprint for 1982. The $80.7 million sought by the. agency represents a roughly 9 percent increase in spending over this year's $74.2 million. Human Services has the largest budget in state government, which makes it a highly visible target for cost-conscious legislators.

"I'm a bitter enemy to the welfare program," Rep. Frank DaPrato, D-Swanton, told Sister Candon during the meeting. The agency has recommended an increase of $2 million to fund a 6 percent increase in Aid to Needy Families With Dependent Children benefits. Most legislators have a strong interest in the agency's budget, which covers programs and services that involve the entire state. 'This is the one where the tough decisions are," said House Appropriations Committee Chairman Norman Wright, R-Westminster.

'This one will generate most of the interest on the House floor." Wright's moderate fiscal views on the committee are flanked by hard-core conservatives and liberal Democrats a combination that will show up on the House floor next month when the budget bill is debated. The agency has proposed several controversial cutbacks in spending, including a plan to save $525,000 by eliminating welfare assistance to low-income students. Another $736,000 would be saved through reductions in aid to pregnant mothers. Among the new or expanded programs being proposed are: i $400,000 for a Community Challenge Program aimed, at reducing alcohol and drug abuse. The program, to be administered at the local level, would be funded with revenues from a liquor tax increase proposed by Gov.

Richard Snelling. to fund creation of five new group homes for the mentally retarded. The homes are designed to put mentally disabled residents in the community, which Sister Candon said will "reduce prejudicial labeling." $87,000 to create a group home for treatment of a small number of severely disabled children. $50,000 to enable elderly to receive attention in their homes instead of being sent to a nursing home. $40,000 for creation in Burlington of a job-training program for the handicapped $40,000 to pay for personnel at the State Economic Opportunity Office, which helps low-income Vermonters obtain jobs.

By WILLIAM H. BRAUN Free Press Staff Writer Kip Kivela, 18, will not be tried on a kidnapping charge when he goes to trial for first-degree murder next Wednesday. But he may face two murder charges rather than one when the case is heard in Chittenden County Superior Court. State's Attorney Mark J. Keller said Wednesday he will refile a felony murder charge that was withdrawn just one week ago.

The renewed allegation that Kivela killed Ronald Bevins, 44, during an assault and robbery Oct. 24 is based on evidence that came out during questioning of a witness Wednesday, Keller said. Testimony about the murder victim's "reputation, character and convictions" will be prohibited during the trial except in relation to his propensity for violence, Judge John P. Meaker and Assistant Judges John D. Donoghue and Jane L.

Wheel ruled Wednesday. Self-defense is expected to play a major role in Kivela's case. Defense attorney Joseph S. Wool said, "We will object very, very strongly (to reinstating the second murder charge for the same crime). And I'm hard-pressed to believe the court will grant such a motion since a stipulation (withdrawing the charge a week ago) is already in place." First-degree murder is premeditated and carries a potential life sentence.

Felony murder is murder committed during another felony and, because it is a form of first-degree murder, carries a potential life sentence. Keller said prosecutors decided their original felony murder charge was based largely on circumstantial evidence and was "not that strong." He said it was decided to withdraw it "because we didn't want to confuse the jury." After questioning a witness Wednesday morning, however, Keller said, "We feel we have a much stronger assault and robbery case." The new charge had not been filed with the court as of closing time Wednesday. Clerk Francis G. Fee said he did not know when there would be a ruling on whether the second charge could be reinstated. Wool said he was most pleased by the court's decision to prohibit trying Kivela on a kidnapping charge at the same time he is being tried on the murder allegation.

Kivela, of North Champlain Street, and John Dean II, 20, of Olean, N.Y., formerly of Colchester, were taken into custody shortly after Bevins' Burlington murder. They were indicted by a grand jury on first-degree and felony murder charges. Late last year Dean was found incompetent to stand trial and has committed to Vermont State Hospital in Waterbury. He could still be tried if it is determined he has become able to assist in defending himself in court. The state added kidnapping charges against both men in January.

The charges allege that Kivela and Dean tied and gagged Thomas Ayres shortly before the Bevins killing. Ayres lived across the hall from Bevins at 88 Pearl St. Chief Deputy State's Attorney Susan R. Via argued Tuesday that the kidnapping and murder charges are "inextricably intertwined." Wool argued that joining the two charges in one trial at this date would amount to denying Kivela his right to a speedy trial because there would have to be a delay to allow defense questioning of kidnapping witnesses. The court ordered a pretrial hearing Monday on the kidnapping charge unless a continuance is requested.

Wool said Wednesday he will make such a request, thereby postponing the hearing to March 30. By JOHN REILLY Free Press Staff Writer A Brattleboro man whose charred remains were found in his Elliot Street apartment after a fire Monday night was beaten to death before the fire, the state medical examiner said. Based on the autopsy findings of Dr. Eleanor McQuillen, police are treating the death of Donald Norcia, 39, as a homicide. McQuillen found Norcia died from a skull fracture inflicted with a blunt instrument.

The body showed no evidence of smoke inhalation, suggesting he died before flames engulfed his apartment about 8:30 p.m. Windham County State's Attorney John Rocray said police had no suspects nor motive and had not recovered the weapon used to beat Norcia. Rocray said Norcia, who owned the Pinball Wizard gameroom, was charged last month with aggravated assault on Tammy McGee of Brattleboro. He had pleaded innocent. Rocray said Norcia allegedly struck Miss McGee with the butt of a pistol.

Norcia also was involved in fisticuffs in December at the Flat Street nightclub during which the jaw of Willie Miller of Newfane, a patron, was broken, Rocray said. Rocray said he was intending to charge Norcia with assault. Norcia "was a controversial guy from time to time," Rocray said. The state's attorney said he did not know if the alleged assaults were related to Norcia's death. Miss McGee and Miller could not be reached for comment.

The death and suspected arson are being investigated by town and state police. Brattleboro Police Capt. Marcel LeClaire said police were stymied in their search for a motive. "Nobody is giving us any reason why this happened," he said. A person familiar with the fight at Flat Street, who asked not to be identified, said Norcia was barred from the club after the incident.

Norcia "had a questionable reputation in town," the person said. "He was known as the kind of person who wouldn't stop at any kind of violence. He was a person who seemed to have a lot of enemies. He rah with a crowd that liked to beat up people." Norcia owned Angelo's IGA in Hinsdale, N.H., prior to owning the Pinball Wizard. Former Vermonter Killed in Florida Lee A.

Senesac, 18, formerly of Vergennes, was killed early Wednesday when his car struck a utility pole off South Federal Highway in Boca Raton, according to a Fort Lauderdale, newspaper. Senesac, of Lighthouse Point, and two others in the car were reported dead at the scene. A brother, Stephen Senesac, 23, suffered leg fractures and cuts and was in satisfactory condition, the newspaper said. The car was reported to be traveling about 80 miles an hour, the paper said. The Senesacs moved to Florida in 1979.

Holloway Estate to Be Sold Sentences Given THE TWO LEADERS of what officials said was Vermont's biggest drug ring have been sentenced to serve 10 years in federal prison. Four others tied to the Sharon-based narcotics business received jail terms ranging from 90 i days to two years. 6B By ROB ELEY Free Press Staff Writer The historic Holloway estate on Battery Street, a prime piece of Burlington waterfront land, will be sold at auction in April, according to lawyers for heirs to the property. The estate, on the south side of Main Street and east side of Battery Street, had been tied up in probate courts in Vermont and Massachusetts for four years after the death of Harold H. Holloway.

Heirs recently agreed to terms of its disposition, paving the way for the sale. The auction is scheduled April 14, with closing of deals required within 10 days. "There has been more interest expressed on this property than any property I've ever had anything to do with," said Gilbert Myers of Essex Junction, the lawyer for Holloway's two daughters. "Obviously it's prime property," said William H. Sorrell, who represents Holoway's nephew.

Redevelopment of the now mostly vacant buildings would "infuse a lot of blood into that whole movement" back toward the city's waterfront, Sorrell said. The estate includes one of Burlington's oldest houses, the 1797 home of Dr. John Pomeroy, the first professor of medicine at the University of Vermont. Holloway, who ran a fish bait, tackle and rowboat rental business, used the house for his shop. Myers said he has heard from nearly two dozen interested parties.

Sorrell said he has talked with real estate agents, architects and developers. The estate is composed of seven parcels which will be offered indfYlually and as a whole, Sorrell said. "he lawyers, who have been named co-administrators of the estate, have decided to accept bids on individual properties because of the interest shown, Sorrell said. A little more than one acre is involved, he said. Burlington appraiser George F.

Silver valued the Holloway holdings at almost $300,000 four years ago. "My primary interest is to see that the project is done well and to preserve the historic character of that block," said Derrick H. Davis, who owns the Ice House Restaurant across Battery Street from the Holloway estate. James B. Foster, owner of Investment Properties and the Old Stone Store on Battery Street, said he is leaning away from bidding on the property in favor of concentrating on other projects.

He said he hopes bidding does not inflate the price and thus hamper efforts by the new owner to develop the property. Sorrell said he gets at least one telephone call a day about the estate. Donald J. Dupont, president of Emile Dupont and Sons Roofing said he gets "a couple of calls a week" about his Battery Street property sandwiched between Holloway holtings. The sheet metal shop, which makes metal roofing and flashing, has been at 1S2 Battery St.

for 24 years, Dupont said. Inquiries come from as far away as Arizona, he said. The firm will decide what to do after the Holloway auction, he said. Sophocles J. Poulos of Williston, who owns the vacant lot at the southeast corner of Battery and Main streets, said he has received a half-dozen offers on the 60-by-60-foot lot.

He said he has no immediate plans for sale of the land. Sorrell predicted most of the buildings would be torn down by their new owners. The estate is in a new waterfront commercial zone that allows limited commercial uses. Abortion Debated REPRESENTATIVES of a Burlington women's clinic receive an icy reception from a Senate committee considering legislation that would tighten control on abortions. One of the women argues that if the bill becomes law, abortions would become less available and more expensive Page 4B.