The Burlington Free Press from Burlington, Vermont • Page 13

tCheiBurlingtonjfreeJress Land Trust receives matching grant Page 3B section City taking cable case to high court be enforced. The case began in 1986 when the city went to Chittenden Superior Court to block a cable rate increase. Superior Court Judge Matthew Katz went beyond the specific question and declared the entire contract provision limiting the increases invalid. Burlington contends that the cable company waived its right to avoid city regulation when it made the agreement. The state Supreme Court did not address that issue and denied a city request to reargue it.

A federal appeals court in Pennsylvania last year ruled that the right can be waived, a decision Franco says conflicts with the Vermont position. If the original agreement is upheld by the U.S. Supreme Court, Burlington cable subscribers could save between $500,000 and $750,000 a year with rates in the lion bond to purchase and develop the area. All three Ward 4 Aldermen Democrat William N. Aswad and Republicans James B.

Hildebrand and Allen F. Gear opposed the appropriation, saying further planning for the waterfront should happen first. Gear said the city should wait for the state Supreme Court to decide who owns the land before planning for the park. A decision is expected this spring on whether about 30 acres no longer used by Central Vermont Railway should revert to public use. "We first have to have control of that land and then plan our park on it," Gear said.

"I think our timing is off." City Parks Director Don Bessler said enough studies have been done. "I think the voters are ready to see something happen," he said. By Lisa Scagliotti Free Press Staff Writer Burlington will ask the U.S. Supreme Court to hear its objections to state court rulings on a 1985 cable television rate agreement between the city and Mountain Cable Co. Monday night, the Board of Aldermen unanimously voted to authorize Assistant City Attorney John Franco to appeal to the high court issues first brought up before Chittenden Superior Court but not addressed by the state Supreme Court In November decision, the state Supreme Court ruled Burlington does not have the right to regulate Mountain Cable's rates under the 1984 federal Cable Television Communications Policy Act.

The court said a provision in a 1985 agreement between the city and the cable company to limit rate increases to 5 percent or the cost of inflation could not fc' range of $11 a month compared to the current $15-per-month charges, Franco said. The company now has no limits on its rates, he added. "We have a fair shot to have this heard," Franco said. "It's a longshot but I think it's a shot worth making." Mayor Bernard Sanders supported the appeal on principle. "Morally, we have to go forward," he said, but he was not optimistic about a favorable hearing.

"I have no reason to believe Ronald Reagan's Supreme Court will overturn this." Mountain Cable Co. was purchased for $117 million by the Pennsylvania-based Adelphia Communications in September. In other business, the board agreed with a 7-3 vote to spend $35,000 to fund architectural studies for a 4.5-acre park between the Community Boathouse and the U.S. Coast Guard. Voters in November overwhelmingly approved a $2 mil nun 1 I Tuesday, March 14, 1989 ouy cairor, nam Hemingway Phone: 865-0940, ext.

2017 State notes Ice-drilling machine falls into Lake Champlain A five-ton tractor working on Burlington's new sewage plant is resting at the bottom of Lake Champlain today after falling through ice near the breakwater in Burlington Harbor Monday. The tractor was on the ice drilling borings when the ice gave way and it plunged into Burlington Bay. There were no injuries and the man driving the tractor did not even get wet, said Petty Officer Kevin LaPlante of the U.S. Coast Guard. The tractor belongs to a drilling firm working for Hoyle Tanner Associates, an engineering firm working for the Burlington Public Works Department, said George Crombie, director of the department.

Crombie said he is not sure who the driver was or the drilling firm he works for. i Crombie said the tractor was working on new pipes that will carry treated sewage from the treatment plant into the lake. Factions square off in City Hall mall debate The Downtown Burlington Development Association will host "The Maple Tree Place Debate," Wednesday at noon at City Hall. Ben Frank, developer of Maple Tree Place, and Michael Gurdon of the anti-mall group Citizens for Responsible Growth will be the speakers. Bob Knotts of WCAX-TV will moderate the discussion.

The forum is open to the public and a free brown bag lunch will be provided to those who call the DBDA office and make a reservation. For information, call the DBDA at 863-1175. Rotary Club presents four volunteers awards The Burlington Rotary Club honored four community members with its annual Volunteer of the Year Awards. This year's recipients were William Aswad, Sister Elizabeth Candon, James Viele and Anne Shelansky. Aswad was honored for his community service, including his service as an alderman for Ward 4, his participation on the Chittenden County Regional Planning Commission, his leadership at the Sara Holbrook Community Center and the Vermont Achievement Center, and membership in the Vermont Health Foundation.

Candon was honored for her volunteer work with the American Red Cross, Chittenden County United Way, the Chittenden County Citizen Advocacy Program and the Fletcher Free Library. She also serves as a trustee for Trinity College and Middlebury College. Viele's volunteerism includes his leadership in the Cathedral Square housing project, the Board of Richmond Housing the Heineberg Senior Housing Corp. and Senior Corps of Retired Executives. Viele is also a trustee of the Fanny Allen Hospital Foundation.

Shelansky was honored for her community service, including her leadership in the Burlington Business and Professional Women's Club, the Chittenden County Office on Aging, the Foster Grandparents Advisory Board and the Greater Burlington Community Council. She also has been active in Meals On Wheels, Onion River Co-op and the American Cancer Society. VSO marketer resigns on heels of trustees In the wake of the controversial dismissal of award-winning conductor Ef-rain Guigui, the Vermont Symphony Orchestra has been hit with another resignation. Marta Tursi, VSO director of public relations and marketing, has resigned her post, citing the ouster of the conductor. "For some time nave oeen trouDiea by the lack of professionalism, integrity, and confidentiality within the organization and I was deeply saddened by the recent handling of maestro Guigui's dismissal," Tursi's resignation reads.

Tursi joins six trustees who have resigned since the VSO board of trustees voted 21-8 Feb. 15 to dismiss Guigui, effective June 30. Board president Betty Stewart praised Guigui's musicianship, but said he had fallen short in his managerial duties and had publicly embarrassed board members and staff with his flares of temper. Tursi said the board Is concerned more with the VSO's daily operations than with fund-raising, which is the traditional role of boards that oversee nonprofit organizations. Inside Births.

2B Deaths. J2B Court news 5B State Humbling heights 'The view is really spectacular from up says Dick McGrath, an electrician from Milton as he takes a look around from atop the Burlington Water Tower on the University of Vermont campus Monday. McGrath climbs the 1 20-foot tower periodically to change the lamps. ViV 7 scheduled to leave Friday and return March 26. Sanders likened his trip to former President Ronald Reagan's visit last year to the Soviet Union and to President George Bush's recent visit to China as steps toward making the world more peaceful.

"It seems to me that as we make significant improvements with the Soviet Union and China that right now is precisely the time for the United States to begin to break down the barriers that have existed for 30 years between our country and Cuba," Sanders said. Part of that would include making Turn to SANDERS, 3B surprised at this year's Transportation Agency request for surveying equipment. The agency put in for three "total station" units made by Kern, a Swiss manufacturer. The Kern units combine the theodolite, used for measuring angles, with the distance meter. The price? About $26,000 apiece, Hannan said.

Members of the committee say they plan to trim that request from the transportation budget when they take it up Sanders off to Cuba to 'break down barriers' 7- ADAM RIESNER, Free Press Officials balk at DWI sentencing By Ian Polumbaum Free Press Staff Writer Prison officials are apprehensive about any lengthy jail term for a Milton man accused of causing two deaths by driving drunk, saying they are ill-equipped to deal with his medical problems caused by the accident. Thomas Powell, Corrections Department chief of clinical services, also said alcoholism treatment for Bernard Fitzpa-trick would fit better in the shorter, two-to-15-year term initially proposed in a plea bargain. Powell said intensive alcohol counseling occurs toward the end of a convict's sentence, and "we're not going to be able to deliver a better product to the community in five years than we can in three." A judge last month rejected the plea deal and promised to sentence Fitzpa-trick, who now uses a wheelchair, to five to 15 years if he accepts the agreement for an Aug. 26 crash on Interstate 89 that killed a St. Albans couple.

Judge Michael Kupersmith said the stiffer penalty would be a deterrent to drunken driving. Relatives of the crash victims, Mark and Johan Gonyea, have said it would be an outrage if Fitzpatrick were jailed only a couple of years. Fitzpatrick's lawyer, Kurt Hughes, Turn to DWI, 3B who might be considered unsuitable, Svitavsky said. "We think it's perfect," said Alderman James Hildebrand, R-Ward 4, speaking also on behalf of Alderman Allen Gear, R-Ward 4. Hildebrand said there is widespread support in the community.

The house is located in Ward 3. One of the neighbors, Alan Johnson, said when he asked his two tenants about the possibility of the halfway house's coming to the street, they voiced no Turn to BOARD, 3B By Lisa Scagliotti Free Press Staff Writer Mayor Bernard Sanders announced Monday that he plans to spend eight of his remaining days in office not in Burlington, but in Cuba. "The goal of my trip is to learn as much as I can about Cuba and, hopefully, to speak to a number of government officials there, including mayors of cities," said Sanders, a self-proclaimed socialist. "I will not be sitting on the beaches." At an afternoon news conference Sanders said he will take vacation time but will use his own money to pay for the trip. He and his wife, Jane Sanders, are Y' Lawmakers scrutinize No $6,000 toilet seats, but Transportation Fund By David Oram The Associated Press MONTPELIER Paul Hannan said he makes a pretty good living as a surveyor in the Northeast Kingdom using two key pieces of equipment one for measuring angles and the other distances that together would cost him less than $6,000, brand new.

That's why Hannan, a Republican legislator from Derby Line who's new on the House Appropriations Committee, was MAYOR BERNARD SANDERS is headed for Cuba to speak with other mayors. '89 budget needs some trimming later this session. But they say catching and trimming requests for something as specific as surveying equipment is the exception rather than the rule. "I just happen to know all the costs of the surveying budget," Hannan said. "What does this say about the rest of this stuff?" "The rest of this stuff" is the thousands of pages of budget requests and supporting documents made by agencies Turn to BUDGET, 3B for the elderly.

He said the Burlington program will require residents to abstain from drinking alcohol and anybody violating the rule would be suspended from the program. He said the working men will be required to pay up to $250 a month to live at the house. Those who are unemployed will have a chance to work around the house to cover the cost of room and board. Because the program does not expect to accept federal, state or city funds, it cannot be forced to take people Zoning Board stalls action on halfway house By Mike Donoghue Free Press Staff Writer A decision on whether to allow a 24-bed halfway house to be opened in the Old North End was delayed for a week by the Burlington Zoning Board of Adjustment Monday. The project, called Samaritan House, would be located at 38 N.

Winooski Ave. and would be based primarily on a successful program in Massachusetts, said Jon Svitavsky of the Burlington Emergen cy Shelter. During the hearing Monday, the board heard strong support from several neighbors, at least two aldermen and some of the men the project is designed to help. However, two apartment house owners who live elsewhere feared the project would be a detriment to the area. Svitavsky said the participants would have to be up by 5 a.m.

each day. There would be a brief chapel service and then they would be required to help sweep the streets of Burlington and provide meals I.