The Burlington Free Press from Burlington, Vermont • Page 13

he psttpTJ Money. 4B 6B 8B Sports. Classifieds Wednesday, January 7, 1 981 Three Legislators Face Eligibility Challenges things they don't like hanging over their heads," he said. There is no set procedure for handling such challenges, Russell said. The petitions could be referred to existing committees most likely the Municipal Corporations and Elections Committee in the House and the Government Operations Committee in the Senate or lawmakers could appoint special committees in the House and Senate to handle the petitions, Russell said.

Youngbaer, Sassi and Manchester are not the first lawmakers to take their seats with challenges pending. In 1978, House member Sidney Nixon of Brattleboro had already been seated when his colleagues upheld a challenge from Robert Emond. Nixon, saying he wanted to avoid further controversy, resigned. the November election did not prevent him from outpolling 25-year-old Lauren Leavitt. Now his replacement, Gino Sassi, faces a challenge from Ms.

Leavitt, who claims she won the election. Ms. Leavitt says Pasetto did not live in the legislative district at the time of the election and thus was not a legal candidate. Sassi was appointed by Gov. Richard Snelling to replace Pasetto in the House.

Sen. Henry Manchester of Lamoille County has been dogged since summer by a primary opponent who, between serving time in jail for a variety of minor offenses, has appealed to the Vermont Supreme Court three times to overturn Manchester's candidacy. Henry Hastings of Stowe claimed Manchester did not file a consent form for his primary candidacy in time. Manchester admitted he was late, but he and his lawyer have contended, successfully so far, that his failure to file the papers in time was not sufficient reason to throw out his candidacy. These challenges are the only remaining contested legislative seats.

After the November election, recounts were requested in five House races and one Senate race. In all those races, the original election results were upheld. The three whose seats are still in question will be sworn in today along with the 177 other lawmakers, according to William Russell of the Legislative Council. "Until this is settled, they'll be treated like any member," Russell said. The three will receive committee assignments later this week, be given fat packets of legislation to pore through and attend caucuses and hearings: Russell predicted lawmakers will try to resolve the matter quickly.

"It's one of those Free Press Photo by By LAURA KING The Associated Press MONTPELIER As Vermont lawmakers take the oath of office today, two House members and one senator still face challenges to their right to sit in the State-: house. The fates of Rep. Peter Youngbaer, D-Plainfield, Rep. Gino Sassi, D-Barre and Sen. Henry Manchester, R-Lamoille will be decided by their colleagues because opponents and voters have challenged their election to the Legislature.

Youngbaer, who moved out of his district immediately after the election, has been the target of a petition drive by irate constituents. Some of YoungL.ier's neighbors were unmoved by his contention that he is still a Plainfield resident "in spirit." Sergio Pasetto's death nine days before Moran Plant Overworked To Cut Costs By ALAN ABBEY Free Press Staff Writer The Burlington Electric Department overworked the Moran Generating Station because it was cheaper than buying replacement power needed because of the Vermont Yankee nuclear plant shutdown, superintendent Robert C. Young said Tuesday. In the crush to keep the 28-year-old waterfront plant pumping out nearly 30 megawatts, the department deferred some needed repairs, Young said. As a result, the plant's three boilers went down last weekend, causing the plant to freeze in the extreme cold.

"We should have known these things before. We know better how," he said. Young nevertheless told the Electric Commission that running the plant at full tilt saved the department and its customers between $500,000 and $1.2 million. Extra costs to Burlington during the Yan-. kee shutdown were $233,000 he said.

"We should have patched it more during the Yankee outage, so all three would not go down," Young said. "But it still saved us more money." Repairs' were nearly completed Tuesday, with two boilers running by the end of the day, plant superintendent Thomas Can said. Welders had to climb inside the boilers, which were running at 100 degrees to keep from freezing, and then step outside, where it was 25 below. 'They were soaked, and froze instantly," he said. The cold did not cause the major cracks that have appeared, but did crack other pipes.

The plant has been running with cracked pipes, Young said. He said the parts needing replacement were ruined from 30 years of use, not the cold. New boilers will be needed eventually, he said, because the city electrical system "needs a backup." The Moran plant must stay operational even if the wood-burning McNeil Station is built, he said. "I'd rather have too much than too little power," said. A Tom Vermont in the To electric bank to The group Washington year The in the municipal debt The on and the The.

Touch of Warmth Richard of Franklin, a welder for the Central routine and not related to the weekend cold spell; Railway, repairs a broken switch point officials said, Burlington yards. Tuesday. The work is PSB Will Allow Utility Group Borrow From N.Y. Bank Vermont Roundup Skiers Feast On 55-Pound Frankfurter The Associated Press JEFFERSON VI LLE, Some Pennsylvania college students held a wiener roast at a Vermont ski resort Tuesday that brought some "hot dog-. ging" skiers off the slopes and in for part of the feast a 55-pound hot dog.

Bob Yoder, the student who made the frankfurter last Friday, said he hopes it will set a new record as the world's largest hot dog. He said he won't know for several months whether the frankfurter will win a place' in the Guinness Book of World Records. He said he got the idea to make the hot dog while he was working for a frankfurter manufacturer in Franconia, Pa. "Ever since I started working there, I always thought about making it," Yoder said. "Every year the college ski club comes up.

So I thought if we really made it, everybody would remember this year's trip," he said. With donated meat, the 21-year-old student at Montgomery Community College in Bluebell, used his sausage stuffing talents to create a chicken frank "in about 10 minutes" that measures five inches wide and 58 inches long. A bakery was commissioned to bake a special bun for the four-and-a-half-foot frank and fellow student Joe Jacobson built a special crate to transport it to Vermont for the feast. Yoder said he made sure he had taken plenty of photographs of his creation before he let his friends start the wiener roast at Smuggler's Notch in Jeffersonville. Kehoe Retains Game Position Free Press Capitol Bureau MONTPELIER Fish and Game Commissioner Edward F.

Kehoe of Montpelier will be reappointed to his job for two more years. Environmental Secretary Brendan Whittaker announced Kehoe's reappointment Tuesday, along with those of two other commissioners in the en-'vironmental agency. John Ponsetto of Montpelier, a lawyer, will again be commissioner of water resources and environmental engineering, and Leo, Leferriere of Waitsfield will continue as Forest and Parks Department commissioner. Kehoe's reappointment had become controversial. Vincent Illuzzi, R-EssexOrleans, had started a letter-writing campaign among fish and game wardens to support Kehoe's reappointment.

"I consider it totally inappropriate for Illuzzi to undertake a campaign on behalf of a gubernatorial appointee," Snelling said last i week. Mayor Announces For Sixth Term Gordon Paquette surprised no one Tuesday by announcing he is a candidate for an unprecedented sixth term as Burlington mayor. His decision- had been predicted since last fall. The 63-year-old Burlington native did not make a big speech, did not make promises for a sixth term and avoided questions about campaign charges by Independent Bernard Sanders, the only other announced mayor candidate. 1 "I will provide vigorous leadership for the next two years," Paquette told a group at City Hall.

He said he will get into the specifics of the campaign if he is nominated by Democrats at the city caucus Jan. 19. No other Democrats have emerged 'to challenge the mayor. Republicans have yet to field a candidate. I v.

Electrical Short Set Cody Fire By DAVID KARVELAS Free Press Capitol Bureau MONTPELIER The fire which destroyed the downtown Cody Block office building Dec. 20 apparently was caused by a short circuit in the electrical wiring, authorities said Tuesday. The fire is believed to have started between the basement walls of the 36-year-old building, according to Montpelier Fire Chief Ernest Flanders. Flanders said a protective covering over the wires may have eroded with age, causing a short circuit and heating nearby objects. He said there was no apparent negligence involved.

The building housed several state agencies, a state liquor store and a retail clothing shop. No one was inside at the time of the blaze. "It appears to have started near an electrical panel at the back of the building," Flanders said. He said the plastic-type covering on the lines apparently wore off, allowing the live wires to touch the pipe they were being channeled through. The pipe then became heated and possibly caused a nearby wall or inflammable object to ignite.

Flanders said he did not know which room the wires came from or where they led. The state Fire Marshall's office, which worked with Flanders during the investigation, also concluded electrical problems were the likely cause. "Something like that you would never notice," said Cpl. Gerald Marshall of the Fire Marshall's Office. "It's just one of those things, it may never happen again." Richard Jones, director of the state Fire Prevention Division, said electrical wires encased inside piping rarely are inspected unless there are visible problems.

Donald Cody, secretary-treasurer of Cody Enterprises, which owns the building, said insurance probably would not cover the entire loss. "It wasn't enough," Cody said, but he declined to specify how much. Electrical engineers brought to the site by the insurance company also agreed with the findings, Marshall said. The building was cited in 1978 for nine fire safety violations, none of which included electrical problems. Violations reportedly were corrected before the fire.

Three branches of the state attorney general's office were located in the building, as well as a division of the Job Service Program, the state Energy Office, the former campaign headquarters of Republican Stewart Ledbetter and the state Veterans' Affairs Office. State officials still are reviewing how to deal with the loss of records destroyed by the fire. Administration Agency Secretary William Gilbert said he may bring in persons from private industry to salvage documents and other possessions. STU PERRY race. Daley said he would work to enhance the central business district that is a "substantial contributor to the tax base." The Rutland High School teacher added that he hoped the race was "contested on an issue-orented basis." Prior to being mayor from 1960 to 1964, Daley was an alderman for four years.

Daley is a Democrat, but Rutland races are known for being non-partisan. He was one of the Vermont delegates at last summer's Democratic National Convention in New York. portion of development of the Burlington Electric Department's proposed wood-fired plant. Of the original $6 million, the authority has spent slightly more than $1 million. About $700,000 went for the wood-fired Burlington plant and $300,000 went for the Springfield project.

At issue in the case was whether the authority was within state law in obtaining the loan without board approval. The board ruled the 1979 Legislature, in a law creating the authority, meant for the board to have jurisdiction over authority Joans. In its decision, the board also criticized the authority for hiring the same engineering firm to work for both the town of Springfield and the authority. The authority consists of municipal utilities in Burlington, Enosburg Falls, Hardwick, Ludlow, Lyn-donville, Morrisville, Northfield, Stowe and Swanton, the proposed Springfield municipal utility and the Washington Electric Cooperative, which serves rural areas of Washington County. By SCOTT MACKAY Free Press Capitol Bureau MONTPELIER The Public Service Board decided Tuesday to allow a group of Vermont municipal utilities to borrow $6 million from a New York finance development of hydroelectric power.

Vermont Public Power Supply Authority, a of 11 municipal electric companies and the Electric Cooperative, took out the loan last without board approval. board ruled the authority must seek approval future when'going into debt, and criticized the utilities for choosing to "incur a very large without informing this board or its staff." $6 million borrowed from the Chase Manhattan Bank is to be used for research and development proposed hydroelectric dams on the Missiquoi River town of Springfield's attempt to put a municipally-owned dam on the Black River. funds will also be used for the authority's Lawsuit Demands Dalkon Shield Recall women in the United States are still wearing the Dalkon Shield. Although Robins purchased unused stock of the device, Manchester said there are still more than 500,000 devices which have not been accounted for. Manchester estimated a recall of the Dalkon Shield would cost Robins more than $2 million, ranging from $25 for a routine removal to hundreds of dollars in cases where there are complications.

Manchester said Robins' recommendation to remove Shields still in use "shows a continuing fraudulent effort on their part to avoid responsibility." He maintained that the reason Robins gives for the recommendation a bacterium researchers have linked to pelvic infection among users of a variety of IUDs, not just the Dalkon Shield was but one danger with the Turn to LAWSUIT, Page 2B call, and the company was not financially responsible for removal of the devices. Manchester and the Cambridge, law firm of Baker and Fine represent the National Women's Health Network, an organization of individuals and health care practitioners concerned with the health of women; the Dalkon Shield Association of England, a group of more than 120 women in the United Kingdom who have worn Dalkon Shields; Ingrid M. Wilson of Burlington and Judith G. Holt of Massachusetts. "The lawsuit seeks to require Robins to undertake a recall of the device from women still wearing it and from physicians and where it was distributed, to contact users, physicians and hospitals in all countries where the Dalkon Shield was distributed, and to pay for any Dalkon Shield removal from any women still wearing the Shield," Manchester said.

The Burlington lawyer estimated 50,000 By SHERRY ROBERTS Free Press Staff Writer A lawsuit demanding a recall of all Dalkon Shield intrauterine devices has been filed in U.S. District Court in Boston by Burlington lawyer "Robert E. Manchester. The Dalkon Shield was removed from the market voluntarily by the manufacturer, A.H. Robins in June 1974.

The U.S. Food and Drug Administration has associated the birth control device with the deaths of 13 women. Thousands have filed suit over injuries ranging from infected miscarriage to sterility. Last Sept. 25 Robins advised women still wearing Dalkon Shields to have them removed.

The company said the recommendation was based on studies that showed a relationship between duration of IUD use and pelvic infection. The announcement did not constitute a re Ex-Lieutenant By JOE MAHONEY Free Press Staff Writer RUTLAND Former Lt. Gov. John J. Daley made official Tuesday night what most people here knew for weeks he is running for mayor.

Daley, 57, a city school teacher and former mayor, had been hinting he would run long before Mayor Gilbert G. Godnick decided to run for state Senate. Godnick; who will be sworn in as a senator today, was Rutland mayor for eight years. his to city to to Governor Runs for Rutland Mayor 'The fruits of our investments are being utilized by other areas," he said. He said he wanted to get involved in the day-to-day planning of delivering services to city residents.

Proper planning, he noted, would avert the serious water problems that triggered a state boil water order in Rutland late last summer. He stressed he would be a "full-time mayor." He declined to say how his leadership style would compare to that of Godnick, who narrowly defeated Daley in the 1979 mayoral The Rutland native is the second candidate irrthe mayoral race. Alderman Peter Goshgarian, also a school teacher, announced candidacy last week. "The first'issue I think that's important everybody is the relationship between the and the town," Daley said in a telephone interview. 'The problems of division have got be solved." Daley, who served as lieutenant governor from 1965 through 1968, said he hoped help stem the "youth drain" that has robbed the city of locally-produced talent..