2The Daily Tar Heel Thursday, October 15, 1987
New law wM toeoeffit
By GERDA GALLOP
Staff Writer
Because of the increase in com
plaints by airline consumers over
flight delays, cancellations, baggage
losses and other airline mishaps,
Congress is attempting to remedy the
problems by passing the Airline
Passenger Protection Act.
The act requires the Department
of Transportation to publish a
monthly report on airline
performance.
Rep. Norman Mineta, D-Calif.,
chairman of the U.S. House of
Representatives aviation subcom
mittee, sponsored the bill, which is
intended to keep watch over the ailing
Fomp9 offioals. agree oe pool poecy
By HUNTER LAMBETH
Staff Writer
Chapel Hill officials and Con
cerned Black Citizens are satisfied
with policy changes proposed for
town pools in the wake of the Aug.
3 drowning of 5-year-old David
Williams of Hillsborough in the A.D.
Clark pool.
"The concerned citizens and the
staff have come to a mutual agree
ment about the steps, and they will
indeed be implemented," said Ron
Secrist, assistant town manager.
"Both parties have a mutual
agreement.'"
Williams died while playing an
underwater game with other children
in the pool. Members of the Con
AmTberly
By NICKI WEISENSEE
Staff Writer
Carrboro will hold a hearing in the
Orange County Superior Court the
week of Oct. 26 to determine whether
a lawsuit against the proposed
Amberly project will get a summary
judgment.
The request for a summary judg
ment asks the judge to dismiss the
case without a trial. James Tatum,
lawyer for Philip Szostak, co
defendant and builder of Amberly,
filed the request.
Amberly is a 158-unit development
proposed for 30 acres of land on the
University Lake watershed, Orange
County's main water supply. The
housing project has alarmed county
residents concerned about its effect
on the water supply.
CaFFtooFO
By SANDY DIMSDALE
Staff Writer
A neighbor of the Highland Hills
apartment complex complained to
the Carrboro Board of Aldermen
Tuesday that the managers of the
complex have been negligent in
clearing construction debris, ignoring
excessive noise made by the tenants
and failing to take erosion control
measures for nearby creeks.
These charges were denied Wed
nesday by Linda Branson, property
manager of Highland Hills, a 47-acre
complex that opened this fall.
Located west of Carrboro, Highland
Hills is near the Villages and Wood
bridge apartments.
Mary Jane Baker of Ray Road
wrote a letter last week to the
aldermen and Mayor Jim Porto
about post-construction conditions at
Highland Hills.
For the Record
In the Oct. 8 story, "Ackland
museum is , tribute to owner," the
number of art objects contained in
the museum was not fully repres
ented. In addition to the 6,000 art
prints mentioned by the writer, the
museum has more than 5,000 other
art objects on display. The Daily Tar
Heel regrets the error.
Octoberfest
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airline industry. The House passed
the bill on Oct. 5 by a voice vote.
Provisions of the bill require the
Department of Transportation to
provide information from airlines on
the following: on-time performance,
baggage loss and damage statistics,
flight cancellations that exceed 5
percent of the total numbers of
flights, voluntary and involuntary
bumping, misconnections at airline
hubs and total number of complaints
filed with the DOT.
Airlines can also receive a $10,000
fine for cancelling flights within 72
hours of the scheduled departure time
for reasons other than safety con
cerns. In addition, flights cancelled
cerned Black Citizens said the life
guards at the pool were negligent and
insensitive to the needs of minority
children swimming there.
Group representatives wrote a
letter to Town Manager David
Taylor suggesting four steps to
improve pool safety conditions:
diversifying the pool staff to include
blacks, making courses available that
would qualify blacks to become
certified lifeguards, offering lifeguard
salaries and work hours that would
entice blacks, and putting four
lifeguards on duty when 50 or more
swimmers are in the pool.
"If all of our suggestions are
implemented, then (a drowning) will
lawsuit
Nine concerned citizens and adja
cent property owners filed a suit
against the town of Carrboro on Aug.
27. The suit is based on three
objections, said Allen Spalt, one of
the plaintiffs.
"First, we say the procedure by
which (the Carrboro Board of Alder
men) claimed to annex, zone and
issue permits for the project was
flawed and never took place because
of the sequence in which they did it,"
he said.
"Second, even if they got the
process right, then what they did
constitutes contract zoning, which is
illegal in North Carolina," he said.
Contract zoning is zoning an area
of land without taking into consid
eration its effect on the town.
"The third reason is environmen-
apaiSSlmt complex i too noisy I iieiSppriys
"You ought to drive out there,"
Baker said. "It looks like a slum! It
just looks plain trashy."
Milton Davis, head of maintenance
at the complex, said construction
debris was left behind until about a
week and a half ago, when someone
was hired to mow the grass and clean
up.
"As far as debris, it was mostly beer
cans recently, and that's been cleaned
up now," Davis said. "It was terrible
looking, but it has been cleaned up,
and she couldn't say that about the
place now."
Baker also complained of loud
parties and excessive noise that she
said wakes her two or three times
weekly. She said she has called the
police and the apartment manager
many times and has even resorted to
driving to the complex and knocking
on doors, to no avail.
"The noise is incredible, but the
management is not interested in doing
anything about it," she said. "It's
mostly students and young stu
dents at that living there, and they
just party and scream a lot and do
the kinds of things that students do."
Captain N.E. Miller of the Carr
boro Police Department said, "We do
not get an abnormal number of
complaints about Highland Hills
no more than anywhere else."
Branson said the landscape sur
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for economic reasons such as under
bookings will result in a $10,000 fine.
Before the legislation, the fine was
$1,000.
The DOT is also directed to review
the schedules of the 41 largest airlines
to make certain they are not over
loaded during peak hours.
Airline consumers will receive one
way, stand-by tickets to compensate
for baggage lost or delayed for up
to two hours and round-trip tickets
to compensate for baggage lost or
delayed for 24 hours.
Airlines are required to make their
monthly reports available to the
public through travel agents. The
DOT will also have direct toll-free
never happen again," said Esphur
Foster, one of the 12 members of the
Concerned Black Citizens.
Foster met with Secrist and other
town officials Sept. 22 to discuss the
group's requests.
"Mr. Secrist was very receptive,"
Foster said. "Everybody wants the
group to be political, but it is not.
We are simply concerned about what
is going on at the pools."
Secrist said the policy changes
would be implemented by early June,
before the next summer season
begins.
In the past, four lifeguards have
been present at the pool, rotating on
duty shifts two at a time. But the new
staffing proposal would work four
may be dismissed.
tal," Spalt said. "That's the main
reason we brought this suit. We think
Amberly is not in the interest of the
health or welfare of the town."
Mike Brough, Carrboro town
attorney, has filed a response to the
lawsuit. It includes three defenses of
the town's action regarding the
Amberly project. The defenses state
that:
a the annexation and zoning were
effective the same day, July 31, so
the annexed land was legitimately
zoned into the town;
the land was not zoned speci
fically for Amberly because the
aldermen were specifically told not to
consider Amberly while deciding to
zone the land;
the plaintiffs don't have standing
to challenge the annexed land because
rounding the complex amplifies the
noise. "It's the way the valleys and
hills echo. We can hear talking in the
Villages' parking lot, and that's a mile
away. All I can say is, 'I'm sorry.' "
Baker also complained that the
managers of the complex have not
built a permanent erosion control
barrier for Morgan Creek or the
adjoining Mount Carmel Spring
branch, which separate the Baker
Resolution
Frederic Schroeder, dean of stu
dents, echoed that view.
"I think it was a well-intentioned
effort to increase communications,"
Schroeder said. "But I think we're
better off dealing with specific issues
instead of taking them all at once."
While agreeing that the resolution
may not be the answer to the prob
lem, Student Body President Brian
Bailey said Wednesday that the
proposal shouldn't be considered
meaningless.
"A piece of paper won't solve the
problem," Bailey said. "But it'S a good
starting point."
Both Friedman and Bailey said
chancellor's committees are often
ineffective for various reasons. Stu
dent, faculty and administrative
appointees serve on chancellor's
committees, which make recommen
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telephone lines to field consumer
complaints and to handle inquiries
regarding the reports.
The Airline Passenger Protection
Act followed last week's airport
improvement bill, which reauthorized
a $29 billion trust fund for airport
facility upgrading but is not directly
linked with this legislation.
The newest act complements the
improvement bill, although they are
two separate pieces of legislation, said
Jim Jordan, press secretary for Rep.
David Price, D-N.C, who voted in
favor of.the bill.
The House public works commit
tee also supported the bill.
lifeguards at all times instead of the
rotation procedure, Secrist said.
He also said the town would
consider increasing the salaries of the
lifeguards. "There is a strong possi
bility that they will be raised," he said.
Charlotte Horton, a member of the
Concerned Black Citizens, said the
pool would be unsafe if the town did
not make policy changes. "When
summer day camps come in, all the
kids get in the pool at the same time
and they don't have enough life
guards," she said.
Chapel Hill operates two public
pools, and both will adopt the
changes for the next summer season,
Secrist said.
they don't own any of the property
that Amberly will be built on.
Brough said he thinks the chances
of case dismissal without a trial are
good.
"I think we're on solid ground," he
said. "I feel our position is legitimate,
and we should prevail."
Spalt said he doesn't think the case
will be dismissed but if it is, the
plaintiffs will plan their next step,
which could be an appeal.
"We made our claim because we
believe we have a strong case not
to harass the town," he said.
The other eight plaintiffs are Melva
Okun, Martha Mandell, Jeannie
Allen, Sheila Pell, M.T. Wood, Ben
Barker, Henry Murray and John
Sowder.
property from the apartments.
"All of our neighborhood said
these things would happen, and (the
board) ignored us," Baker said. "Now
we have erosion in the creek, and
there are rivulets just cutting
through."
Branson said there are currently no
plans for a permanent erosion control
structure. She said the creek is now
lined with a "silk screen," a fence
from page 1
dations about campus issues and
projects.
Because Bailey makes recommen
dations for student appointments but
the chancellor makes the final deci
sion, the appointees may feel more
responsibility to the chancellor than
to student government, he said.
To make the appointees more
accountable to student government,
Bailey would like to have direct
control over the appointments. Now,
he must give the chancellor a choice
of committee nominations.
For example, if four positions are
available on a committee, Bailey must,
nominate six students. The chancellor
chooses the four students who will
serve on the committee, although
Bailey may indicate his preferences.
The chancellor usually chooses the
preferred appointees, Bailey said.
4
Senate sets new standards
for AIDS education materials
From Associated Press reports
WASHINGTON Federally
financed educational materials
about AIDS would have to stress
sexual abstinence and could not
promote homosexuality or drug
use, according to a measure over
whelmingly approved Wednesday
by the Senate.
The 94-2 vote came after Sen.
Jesse Helms, R-N.C, raised the
specter of sexually explicit comic
books distributed by the Gay
Men's Health Crisis in New York.
He said the group receives federal
money and proposed restrictions
on material paid for by taxpayers.
"If the American people saw
these books, they would be on the
verge of revolt," Helms said on the
floor.
He said the books show "gra
phic detail of a sexual encounter
between two men."
The $129 billion Labor, Health
and Human Resources and Edu
cation appropriations bill for fiscal
1988, pending in the Senate,
contains $310 million for AIDS
education efforts to be overseen
by the Centers for Disease
Control.
Helms initially proposed that .
none of the CDC money be used
for material or activities that
promote, encourage or condone
homosexuality, illegal drug use or
any sexual activity outside
marriage.
Duarte visits White House
WASHINGTON President
Reagan welcomed Salvadoran
President Jose Napoleon Duarte
to the White House on Wednes
day, and they agreed there can be
no lasting peace in Central Amer
ica without Democratic rule
throughout the region.
Duarte was offered an enthu
siastic official reception as he
began a state visit, and he showed
his appreciation for U.S. support
by kissing an American flag
displayed on the White House
lawn.
After a ceremony that featured
full military honors, Reagan said
peace prospects for Central Amer
ica have been enhanced because
of the agreement Duarte and four
other Central American presidents
signed two months ago.
"If peace is to prevail, so must
democracy," the president said,
adding that a successful outcome
covered with tar paper.
But, Davis said, "There's not
anything there to keep the land from
washing down into the creek. And
they haven't replaced any trees,
although they have had two land
scapes in here."
In other business, the aldermen
instructed Porto to inform the Chapel
Hill Town Council that they support
CSflt QV ,rom pa9e 1
"Alumni probably care even more
deeply about trees in Chapel Hill than
students," he said. "It was made clear
to our architects to bring back a
design that would not require taking
down one more tree than necessary."
Petitions against the site were
signed at the meeting, and Sipe said
plans for a full campaign are
underway.
He also mentioned the possibility
of renovating an existing building for
the center's use, such as Miller Hall
behind Whitehead Residence Hall.
But Dibbert rejected the possibility
of changing the center's site for a
second time.
"WeVe relocated once," he said,
and officials would like the building
finished for the University's Bicenten
nial celebration.
comes
October
Delta
An opportunity to be part of
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For more information contact
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962-2165
News in Brief
of the Aug. 7 accord remains "far
from certain."
Duarte, in a similar vein, said
Central Americans "still have a
long way to go" in implementing
the peace plan.
He added, "I am convinced that
there cannot be peace in Central
America without freedom and
democracy."
Reagan still supports Bork
WASHINGTON President
Reagan on Wednesday decried the
battle over Robert Bork's
Supreme Court nomination as an
"ugly spectacle" of high-pressure
politics and promised to keep
fighting in the face of all but
certain defeat for Bork.
"I am determined to fight right
down to the last ballot on the
Senate floor," Reagan said in a
brief Oval Office address.
The speech was made available
to the television networks, but
only the Cable News Network
carried it live, followed by a
response in which Democratic
Sen. Terry Sanford of North
Carolina lashed back.
Senators opposing Bork "are
tired of having our integrity
impugned," Sanford said, adding
that "it is time for that corrosive
dialogue to stop."
Fifty-four senators are on
record against Bork, all but ensur
ing he will lose when the vote is
taken in the 100-member body.
Americans win Nobel Prize
STOCKHOLM, Sweden
Two Americans shared the Nobel
Prize in chemistry with a French
researcher Wednesday, and a West
German and a Swiss scientist won
the prize in physics for a break
through in superconductors.
Chemists Donald J. Cram of the
University of California at Los
Angeles, Charles J. Pedersen,
retired from the Massachusetts
Institute of Technology, and Jean
Mai ie Lehn of the Universite
Louis Pasteur in Strasbourg,
France, won the chemistry prize.
They developed molecules that
can link up with particular other
molecules, a principle now used in
medical testing.
the council's recent decision to
regulate future development in the
University and Cane Creek watershed
areas. The resolution will require
developers applying for a develop
ment permit in the watershed to hold
a public hearing first.
The board also set a Dec. 8 date
for a public hearing on solutions to
traffic problems, including one-way
thoroughfares.
SpSSllSf from page 1
Solis said Costa Rican foreign
policy objectives since Arias became
president in 1986 included instilling
some degree of order in the negoti
ation process.
The Arias administration has
always tried to promote human ;
rights, he said, but not only in Central
America.
"What we're doing is nothing new,"
he said. "What we're doing is updat
ing Costa Rican foreign policy."
Both President Reagan and Arias
proposed peace plans for Central
America, but many Reagan oppo
nents saw his proposal as a tactic to
extend more aid to the Nicaraguan
rebels, or contras.
The Arias plan included a schedule
for a ceasefire by the five nations and
the creation of a commission to verify
the observation of the ceasefire.
to UWC
25, 1 987
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ft
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