Rutland Daily Herald from Rutland, Vermont • 19

Rutland Region 19 RUTLAND, VERMONT, SATURDAY MORNING, AUGUST 13, 1988 Firefighters Are in Place In Brandon Three Years Later Reinstatement Still Goal for Williams Douglas R. Williams By EDBARNA BRANDON The Dunmore Hose Company is now operating as the town's "official" fire department, and has 31 regular members and two junior according to Fire Chief Charles Rivers. In the weeks before a July 27 fire district vote that supported the 94- year-old group against a rival firefighter organization, the fire department had numbered only 28 members. In past years there have been as many as 40 firefighters on the roster. Rivers said other people in town had indicated an interest in joining the fire department.

The chief also noted that the department has demonstrated its ability to fight daytime fires, a major issue during the recent fire department controversy. There has been one daytime call since the vote, he said, and 11 members responded to the alarm sufficient manpower to handle the equipment. Under a new bylaw voted by the fire district, the firefighters can now choose their own fire department officers. In addition to Rivers, the officers selected are: Ernest Taylor, first assistant; Ronald MacKissock, second assistant; Donald Severy, captain; Donald Severy, training officer; Dennis Holman, first lieutenant; and Jeffrey Bradish, second lieutenant. The hose company officers also have their own fraternal organization.

Rivers said that although he was now president, he would step down soon to concentrate on his duties as fire chief. Probably John Hayes, vice president, will succeed him, he said. Others on the fire department roster are; Robert Bailey, John Barnes, Thomas Bishop, Seth Clifford, Shawn Euber, Avery Hack, Harry Hunt, Sidney Hutchins, Thomas Johnston, Robert Kilpeck, Troy Rennet, Roger (See Page 23: Brandon! No Warrant For Missing Chinese Man By BRUCE EDWARDS Aug. 12, 1985, is a day Douglas R. Williams would like to forget but cant.

That was the day Williams, who was then acting Rutland City police chief, and two other Police Department officials were told they were under investigation by the Rutland County state's attorney's office for allegedly padding their paychecks. That was three years ago Friday, and for Williams the ordeal isnt over yet. Williams, then-acting Capt. Anthony L. Bossi and department coordinator Judith H.

Sambrook were all eventually cleared of the criminal charges. Bossi and Sambrook have since returned to the department, but is still fighting to get his job back, even after two court rulings in his favor. "I still want to go back to work, Williams said Friday during a telephone interview from his Rutland home. It gets more frustrating as time goes on, he said of his Dat-tle to go back to work for the department. In June, Williams, Bossi and Sambrook filed separate lawsuits against the city seeking unspecified compensatory and punitive damages.

The Rutland Superior Court suits claim the three were denied their constitutional rights to due process when they were suspended after the paycheck padding allegations surfaced. In addition, Williams is suing to have the city reinstate him. All three suits named the city and Lt. Rollie G. Powell as defendants.

Williams' and Sam-brook's suits also named Police Chief Paul R. Benson as a defendant. The city was supposed to file a response to the lawsuits within 20 days, but, according to Williams, the city has been given an extension until Sept. 1 to do that. Williams, 40, also has a case pending before the Vermont Supreme Court.

In that case, the city appealed a district court rul-ing that threw out administrative charges that were brought against Williams after the criminal charges were dismissed. ISUlf Photo by David Krapaal Craftsman at Work Peter Szymkowicz of Shoreham demonstrates wood carving skills Friday at the opening of the Vermont State Craft Fair at the Showshed Lodge in Sherburne. The fair featuring 100 exhibitors continues through Sunday. Hours are from 10 a.m. to 5 p.m.

Town Manager Takes Heat For Castleton Impact Fees The city alleged that Williams stole and used confiscated cocaine from the Police Department evidence locker in the late 1970s. Although the criminal statute of limitations had expired, the city decided to bring Williams up on departmental charges that he violated sections of the city police manual. However, in April of last year District Judge George F. Ellison ruled against the city, and ordered Williams reinstated with back pay. The city then appealed Ellison's decision to the state Supreme Court.

Williams, the program director at Rutland radio station WHWB, said he hoped within the next two months the Superior Court would find the city in contempt of Ellison's ruling and order the city to reinstate him. I don't think there have been any advances along those lines, Williams said of tne chances of reaching an out-of-court settlement. Last year there were discussions between the city and Williams' lawyers about reaching a settlement, but the city would only consider reinstating Williams on the condition he would not pursue any other legal action against the city. Williams and his lawyers (See Page 23: Williams) development, he noted. Samson said that the town found itself in a bind concerning the impact of new development, with the only option to "kick the buck to those causing the growth or leave it for residents to pay.

The only other option was to not provide the service," Samson said. He said the Clean Water Act allowed user fees for those who caused growth and the use of these funds to pay for capital improvements. Samson noted that such fees have allowed Castleton to be nearly in full compliance with the recently enacted Act 200, Vermonts growth law. Jeff Larsen, chapter president, and a represen -lilmore Home Center in Castleton, tative of the Gilmore By TOM MITCHELL Members of the central Vermont chapter of the Vermont Association of Homebuilders say they are dissatisfied with new impact fees approved by Castleton voters in March because they will add to expenses of the average home buyer. Douglas Savage of Castleton this week questioned the legality of charging builders $2,500 per home for up to four houses to connect to the town sewer system, and $5,000 per new unit if they build five or more houses.

The charges are "discriminatory because they deprive equal protection of the law, Savage complained to Castleton Town Manager Michael Samson. Samson, who addressed 25 area home builders Wednesday night during the groups regular meeting at the Trolley Barn in Rutland, defended the fees. He noted they were adopted to keep development in check and to raise money for renovations at the sewage treatment plant. He also noted there was no discrimination or lack of protection as a result of the law since the proposal came before town voters in March and was approved by a majority. He defended the larger fee for more develop- $450,000 Suit Filed In Shower Incident up I who don't want to lose tneir livilihood." James Mumford, a West Rutland builder, said such impact fees made it hard for the builders to provide affordable housing, especially for working families.

He questioned where the impact fees would end, wondering out loud if developers would soon have to pass on the cost of new schools in the price of houses. Samson said a major problem with the price of housing revolves around the cost of the land." While most members of the group were critical, Gary S. Cuttitta of Clarendon, said, Its cheap. Steven Rampone of Rutland, however, raised the question of whether the so-called impact fees (See Page 23: Fees) ment by comparing it to the way the Internal Revenue Service applies different rates to different classes of taxpayers. There has to be a rational purpose, Samson said.

The towns purpose is to slow growth, keeping development to only four units in a Bail Bondsman Given 30 Days To Find Man Who Left Court By TIM DONAHUE A $450,000 suit filed recently says a Brandon Training School resident suffered serious burns when he was left unattended under a shower at the Vermont Achievement Center, while strapped in a wheelchair. The suit in Rutland Superior Court named as defendants the Brandon Training School, the VAC and the Giancola Construction Corp. of Rutland, which installed tne shower system in the locker room at the VAC pool. The complaint was filed on behalf of Anthony Lynde by his guardians, Margaret T. Lynde and Robert L.

Newton, both of Pepperell, Mass. The suit said the incident happened last Sept. 21, when Anthony Lynde and other Brandon Training School residents were at the AC swimming pool. Lynde, while strapped in a wheelchair, was put under the mens shower and the water was turned on, according to the suit. The attendant left the shower room while the water was running and the hot water burned By YVONNE DALEY City police are not planning to issue an arrest warrant for Kwak Pang Chin, 36, a Chinese man who was employed at the Rice Bowl Restaurant on Woodstock Avenue in Rutland and disappeared recently.

Chin was reported missing by his employers on July 30. At the same time Chin disappeared, the owners of the Rice Bowl Restaurant say, more than $9,000 in restaurant money also turned up missing. Police said that there was not enough information available on Chin to issue a warrant for his arrest. The owners of the Rice Bowl were careful not to directly accuse Chin of taking the money. However, they felt and still feel there is a connection between the two disappearances.

Both Chins and the moneys disappearance were reported to the Rutland City Police on July 30. Restaurant owner Ken Chan complained Thursday night that police dragged their feet that night when Chin was known to be in town. He said if police had acted quickly, Chin might have been found with evidence on him. But Lt. Rollie G.

Powell of the city police said that even if Chin had been found with a large amount of money on him, that would not have proved that the money belonged to the restaurant owners. Since then, Chan said he had (See Page 23: Missing) Lynde, causing permanent bodily injury, severe pain and disfigurement, the suit said. The suit blamed the VAC and Brandon Training School for alleged inadequate supervision in the pool and shower areas and alleged failure to test and monitor the water temperature of the shower. The complaint also asserted that VAC employees failed to teat, inspect and maintain the shower system and had the water temperature of the hot water tank set too high The suit said the Giancola Construction Corp. installed the shower system improperly and failed to warn the VAC not to change the water temperature without changing the water mix.

The suit sought a jury trial and $450,000 in compensatory damages. The Brandon Training School superintendent, Edward H. Fish, said Friday he could not comment on the suit because he had not reviewed it yet, and said the lawyer who would handle it (See Page 23: Suit) Hayes came back last Thursday and met with a public defender, but never returned that afternoon for the hearing. Hudson then issued the arrest warrant with $10,000 cash bail. It would have been Hayes second probation violation hearing on a two-to-six-year sentence for aggravated assault, stemming from the December 1985 beating of a Rutland teenager.

On Wednesday, Hudson asked Chuck Detore, proprietor of Twin State Bail Bondsmen in White River Junction, how long he would need to find Hayes ana bring him to court. Your honor, we figure 30 days," Detore said. It (bail) is automatically forfeited in 30 days unless Mr. Detore produces him to the court within that 30 days," Hudson said. Hudson said if Detore located Hayes in another state and encountered extradition problems in bringing him back, Detore could contact the Rutland County state's attorneys office for help.

The judge said he could then consider the forfeiture (See Page 23: Hayes) By TIM DONAHUE A judge has given a bail bondsman 30 days to locate a young Rutland man who skipped his probation violation hearing two days in a row. District Judge Paul F. Hudson said this week that after the 30-day deadline Shawn B. Hayes' $5,000 bail would automatically be revoked. Hayes, 22, of Rutland left Rutland District Court last Wednesday when his probation violation hearing was delayed for about 40 minutes.

A prosecutor said Hayes left the courthouse to get a soda and never returned. An arrest warrant was issued but was put on hold for a day. OPEN HOUSE For Rev. Albert Croce, CSC Pastor St Mary St. Monica Churches in Brandon and Forestdale SUNDAY.

AUGUST 21st Neshobe Sportsman Club 2:00 to 4:00 P.M. NO 0 1 please Just come and wish nther well on his new assignment GREETING CARDS AND STATIONERY Calendars JO8 by Far Side, Suzys Zoo, Flavia and more DISC JOCKEY for all occasions 775-9793 64 MERCHANTS ROW DOWNTOWN RUTLAND 773-6557 REGISTRATION Rutland High School New Students Bring Report Cards and Immunization Record Grades 7 8 9 Wednesday August 17, 1988 Junior High Library Testing begins 9:00 A.M. SHARP Rutland City 6th Grade Students are already registered Grades 10-11-12 Wednesday to Friday August 17 -19, 1988 Call Guidance Office for Appointment 773-1 966 EMERGENCY COUNSELING CALL 775-1 000 Rutland Mental Health Strvicas CASH PAID For Antiques or almost anything old. Furniture, glassware, pictures, pain Uings, toys, canning jars, books, post cards, etc. Coll Mike Seward at Rutland Antiques 775-6573 HARRY CREEKMORE.M.D.

ANNOUNCES THE RELOCATION OF HIS PLASTIC SURGICAL PRACTICE TO CLARKSVILLE, TENNESSEE, EFFECTIVE SEPTEMBER 2, 1988 Any current or former patients who wish to con suit with Dr. Creekmore before that date should call 775 2588. Patient office records will be available at Wheeler Surgical Associates, 92 Allen Rutland, Vermont: OPEN HOUSE IN HONOR OF I HOWARD THELMA GOULD'S 8 50th ANNIVERSARY SUNDAY AUG. 14 2:00 6:00 P.M. KNIGHTS OF COLUMBUS HALL ULfiJLflJUUt Mmx 1MJUUUO 7754029 APPRAISALS AND 1ST ATI SALKS DON! ALSO..