,:4The Daily Tar HeelFriday, December 2, 1988
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By LARRY STONE
Staff Writer
The proposed new site for the
Janus Tree House has been sold to
another buyer, but the long-standing
trouble involving the tree house, the
Town of Chapel Hill and citizens of
the Dogwood Acres subdivision is
still not resolved.
Last year, the Janus Tree House,
a group home for troubled teenagers,
was granted a special-use permit to
move from its present location on
Mallette Street to a vacant home in
Dogwood Acres.
Lee Grohse, director of the home,
said the house needed to move to
improve the services it offers to the
teenagers.
"Our house is just inadequate in
terms of space," Grohse said. "We felt
it was important to have our admin
istrative and treatment offices at the
house."
" After searching for a home for
; about two years, the group made an
' offer on a house in Dogwood Acres,
Grohse said. "We had to secure a
special-use permit from the town,
which the council granted," she said.
At this point, neighbors of the
proposed home began a campaign
against the move. Neighborhood
representatives filed a lawsuit against
the Janus Tree House and the Town
of Chapel Hill. The neighbors alleged
the special-use permit had been
improperly granted.
Henry Schliff, president of the
neighborhood association and a
plaintiff in the suit, said there were
a number of reasons for filing the
lawsuit.
"In a special-use permit hearing,
which is supposed to be a legal
proceeding, cross-examination is
supposed to be allowed," Schliff said.
"We were told we could not, and our
lawyers could not, cross-examine the
defendants.
"They wanted to move the admin
istrative offices in to the house. That
is clearly out of town zoning laws.
The town has the right to issue a
special-use permit, but it doesn't have
the right to change that."
Schliff also said he did not think
the Janus Tree House program was
very effective. "The jury is still out,"
he said. "They wanted to come here
just so the administration could have
comfortable offices."
The home was sold this summer
to another buyer. Grohse said the real
estate company had granted them
several contract extensions but would
not do it again. The Janus Tree House
is still in its Mallette Street location,
but the suit has not been dropped by
the neighbors.
Schliff said the neighborhood is not
going to back down from the suit as
long as the special-use permit is still
on the books. He said he was
concerned at the possibility of the
house being resold to the Janus
group.
Grohse said the lawsuit was not
completely unexpected. "It's a risk
you take when you attempt to move,"
she said. "We feel confident we would
have won the lawsuit."
Town attorney Ralph Karpinos
said the suit is not moving at this
point.
"The lawsuit is still in court, but
it's just sitting," he said. "It has not
been calendared for trial. If the permit
is not going to be used, then it is just
a matter of disposing of the case."
"The town believes the permit was
lawfully issued," he said.
Richard Wiggins and Michael
Levine, attorneys for the neighbor
hood, were not available for comment
Thursday.
Grohse said the neighborhood's
opposition was fairly typical. "In
general, neighborhoods always
oppose these things," she said. "They
opposed the move from the moment
they heard about it.
The Janus Tree House is a mod
erate management home for boys and
girls ages 13 to 17. Grohse said the
house does not accept kids with severe
problems.
"These kids have problems getting
along with their family, problems at
school, and some have juvenile court
charges," she said.
One of the main sources of oppo
sition to the home has been the
requirement that it must house three
"Willie M." children. Willie M.
children are emotionally disturbed or
have emotional illness. Some have
assaultive behavior, although the
range varies from child to child.
"There are severe cases, but some
children's aggression consists of lower
level types, such as fighting," Grohse
said.
Although the Janus Tree House
has had about 20 Willie M. children
over the years, no serious crimes or
arrests have occurred in connection
with these children, she said.
But Schliff said, "The special use
permit has four conditions. One of
these is that it cannot endanger the
safety of those involved. Clearly, that
is not so. The 'Willie M.' children
have been involved in many crimes,
including assault, rape and burning."
Willie M. children would also be
allowed to ride school buses unsup
ervised and be in the neighborhood
unsupervised, Schliff said. He cited
several cases involving Willie M.
children in neighboring cities.
"Clearly, they're a very different
and dangerous part of the popula
tion," he said.
Julian Caston, a longtime resident
of Dogwood Acres, expressed the
sentiment of many people in the area.
"We dont need that dern thing out
here," he said. "We're just a neigh
borhood, and we don't need a bunch
of Willie M. children running
around."
Grohse said she is not bitter about
losing the new site, but she does pot
feel it was a fair fight on the part
of the neighborhod.
"Essentially they brought. up any
thing," she said. "They circulated " a
brochure that we were a drug halfway
house, and then later said, 4No you're
not, but you're something just as
bad.' "
As for the future, Karpinos said
he and the town are working with
both parties to resolve the lawsuit.'
The Janus Tree House, which still
lacks space for its operation, is also
not sure which direction it will take.
"We have not made a decision yet,"
Grohse said.
Public perception of court system misguided, study ay
By JASON BATES
Staff Writer
Americans misunderstand the
problems of the criminal justice
system, according to a recent study
by an American Bar Association
committee.
. "The public conception with what
.is wrong with the criminal justice
system is the exclusionary rule and
the Miranda process," said Samuel
Dash, chairman of the ABA commit
tee and a professor of law at George
town University.
The exclusionary rule requires
courts to exclude evidence normally
admissible when it was obtained by
illegal search or seizure.
"The panel didn't understand this
to be correct, but public conception
was that it was correct," Dash said.
"Police and prosecutors do not find
constitutional protection interfered
with their work."
The study indicated that no more
than five percent of all cases nation
wide were dismissed because of the
rule.
"I don't think the exclusionary rule
is the problem at all," said Daniel
Pollitt, Kenan professor of law at
UNC.
The public misconception comes
from "a big propaganda movement
by the right wing to discredit the
exclusionary rule," Pollitt said.
Mike Dodd, chairman of the
criminal justice section of the N.C.
Bar Association, said he would be
surprised if even one percent of the
cases in North Carolina were dis
missed by the exclusionary rule.
Pollitt, who conducted his own
study of the state four years ago, said
the rule doesn't arise in even one
percent of all cases.
Against popular beliefs, the com
mittee said the main problems with
the system are a lack of resources,
especially money and manpower, and
a massive but mostly unsuccessful
effort to conquer America's drug
problem.
"The real problem is they (police
and the courts) were starved of
resources, uasn saia.
"Money has to be put in the
expanding court system," Dodd said.
The drug problem adds to the
overcrowding of the court system and
the courts' present emphasis on it
does little to protect people from
crime, Dash said.
"The public is getting angry at the
wrong thing," he said. "The problem
of crime in America goes deeper than
law enforcement."
The public, which expects the
government to solve the problems of
the courts, should lower its expecta
tions, Dodd said.
The committee recommended that
the ABA create a special commission
to re-evaluate strategies in dealing
with drugs and to educate the public
and lawmakers.
But changes in the system are
unlikely, Dash said.
"There are no short-term solu
tions," he said. "The public has-; to
call on the legislators." :c
Town council addresses resident concerns on traffic issues
By KATHRYNETOVO
Staff Writer
The Chapel Hill Town Council
took action on several traffic pro
posals this week, and they will
continue to address these issues in the
coming months.
At its meeting Monday, the council
discussed several petitions requesting
changes in residential developments.
The council approved a request by
local residents for three additional
stop signs to be placed on Kingston
Drive at its intersections with Silver
Cedar Court, Butternut Drive and
Timberlyne Drive.
The application also requested the
creation of sidewalks along Kingston
Drive. The town has placed this
project on the Capital Improvements
Program to be reviewed and consi
dered for construction.
said Kingston Drive is a narrow,
substandard road, and pedestrians
now have no place to walk other than
the street. The additional stop signs
will help to alleviate the problem until
the sidewalks can be built, he said.
The council also approved a reduc
tion in the speed limit from 35 to 25
miles per hour on roads in the Oaks
II subdivision.
II application, which requested three to lower it. We (the council) must be
additional stop signs for Pinehurst persuaded of the wisdom of doing it,
Drive, was denied. and we just were not persuaded."
Council member David Godschalk But the second part of the Oaks
No action was taken by the board
on an application to reduce the speed
limit from 45 miles per hour to 35
miles per hour along Estes Drive
Extension from Airport Road to the
Carrboro city limits.
Council member Art Werner said,
"There was not a good enough reason
Maudy Benz, resident of Iron
woods development, said she believes
the proposed change will increase
safety along Estes Drive.
Many people drive along this road
at 55 or 60 miles per hour, and they
pose a real danger to the people in
,the neighborhood, she said.
New IDs help students
to recognize patrollers
By DANA CLINTON LUMSDEN
Staff Writer
UNC students can now ask
members of the Student Patrol for
identification to verify their status,
after several students imperson
ated members of the patrol earlier
this year.
"The students felt that they
needed some sort of identification
after these incidents," said Maj.
Robert Porreca of University
Police. "It was really a student
idea."
The program, which was pro
posed by student government
several years ago, is sponsored by
the Department of Public Safety
and the departments of housing
and traffic.
The students patrol the campus
between 8 p.m and 2 a.m seven
nights a week and are expected to
report any incidents to the Uni
versity Police by radio, Porreca
said.
The students go through a 16
hour mandatory training session
where they learn how to observe
and describe an incident and use
the radio.
There has been a slight decrease
in the number of incidents because
of the students presence, Porreca
said. "The program has been
successful," he said. "It has really
helped in situations where our
officers couldn't be present.
By SIMONE PAM
Staff Writer
- The MBA evening program has
been interrupted during its third year
to undergo evaluation, and will not
be in session this year, said Lynne
Gerber, director of UNC's MBA
program.
The evening program is a section
of the MBA program, designed for
managers who are working full-time
in the region so that they can work
and also pursue their MBA, said
William Perreault, associate dean for
academic affairs.
The new program is being evalu-
ated on the basis of its successes,
needed improvements, faculty resour
ces and community outreach, Per
reault said.
Enrollment in the program in 1986
was 43 students. The following year,
it rose to 54 students. This year, the
program is on hold.
"We never made a commitment we
would enter a class every fall," Gerber
said.
The MBA program committee and
faculty are currently discussing the
program. They will either continue
the present program, or changes will
be made to introduce a new program,
Werner said the council will discirss
townwide traffic issues at its January
retreat and will attempt to created
policy regarding the placement "of
stop signs along roads. ,VJ
Godschalk said stop signs pre
viously have been placed in areas
primarily to direct the flow of traffic.
The council must determine whether
stop signs also will be used to control
speeding on roads, he said.
MB A eveoaos program on hold u oti 1 revie
Gerber said.
Perreault said definite plans should
be announced by the end of the
semester. "It is very likely we will have
a new program in session in 1989,"
he said.
With the exception of meeting
times, the evening program is iden
tical to the day program, including
the same faculty, course load and
quality.
A formal application is required to
enroll in the evening programThe
administrators examine the appli
cants' leadership ability, work experi
ence, past jobs, progression rate,
Reagan
goals andobjectives community arid
extracurricular activities, elected 6r
appointed positions and communica
tion ability. Applicants must also
answer an essay question and be
interviewed, Gerber said.
The day program takes two years
to complete, excluding summer
sessions. The evening program takes
three years.
r
Presently, tuition is the same for
both the day and evening program.
The first class entered in the fall of
1986, and will graduate in August,
1989.
, from page 1
out of the market. Foreign goods
were much cheaper and, lo and
behold, our trade deficit grew."
In February 1985, Reagan decided and American goods are now com- "This is one reason why the trade
the trade deticit was too high, bhipley petitive on a pnce basis only because deficit is not going down as fast- as
said, i ne aouar nas iaiien since IVod, import prices nave nsen substantially.
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It took GsoMleo 16 year to mastef tflie miver e.
Yot tove (Doe ought
It seems unfair. The genius had all that time. While you have a few
short hours to learn your sun spots from your satellites before the
dreaded astronomy exam.
On the other hand, Vivarin gives you the definite advantage. It helps
keep you awake and mentally alert for hours. Safely and conveniently. So
even when the subject matter's dull, your mind will stay razor sharp.
If Galileo had used Vivarin, maybe he could have mastered the solar
. tar, o. Keviw with VIVARIN:
lit a directed Ccnuuu caflt-inr rqwvaJrrri of two cup of cutlet C Beecham Inc. 19K8
it went up, he said.
The chances for a balanced budget
are remote, Shipley said, but it :is
possible to reduce the budget to about
$50 billion within two years.
"If we get it down below that it
will produce a drag on the economy
that could cause a recession," he said.
"You'd have to look at the defense
budget and revenues to bring it
down."
Reagan cut taxes in the early 1980s
to stimulate economic growth, but
Congress did not curb government
spending growth enough to prevent
the huge deficit, said UNC economics
professor Roger Waud. .
"The spur to economic growth that
was expected did not come quickly
enough to avoid the recession of 1982,
which led to the huge deficit," Waud
said.
. Reagan and Congress could not
agree on which government spending
programs to cut, Waud said. Con
gress wanted to cut defense spending,
but Reagan refused because defense
spending under the Carter adminis-,
tration was at its lowest level since'
before the Vietnam War, he said.
In order to reduce the budget
deficit, the federal government must
place limits on services which can
grow out of control, Waud said. ' .
"For example, you can walk
around the Carolina campus at night
and see classrooms that are fully Trt
and nobody is in them," he said. If
the professors and students who use
these rooms had to put a quarter iln
a meter to keep the lights on, then
the lights would not be on.
"But since the taxpayers of North
Carolina are paying for those lights,
you've severed the relationship
between the consumer of these
services and the people who pay for
them. Therefore the service is used
in excess and wasted "
Waud said this is analogous to
government services such as Medi
caid, in which the direct beneficiaries
of the services, who do not bear the
burden of paying for them, will
overuse the services and make them
more expensive.
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