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Prospect Park, NJ 2001 News


August 31, 2000  Hawthorne Press
Prospect Park Conducts Its Own Investigation On Profiling;
Committee Selection Creates Firestorm At Council Meeting


 After Prospect Park Mayor Will Kubofcik announced that he has asked the state attorney general's office to investigate allegations of racial profiling in the borough, he has now decided to conduct an internal investigation. His recommendation at Monday night's council meeting set off another firestorm of acrimony among council members. Last month. Councilman Thomas Jefferson, chairman of the police committee, said the municipality should conduct its own investigation. "We feel strongly there isn't any racial profiling in the police department," said the mayor, "but we need to have an open book."
General charges of profiling have been made by two Paterson councilmen and although Jefferson had asked for specific incidents, none have yet been provided. When Kubofcik announced the new committee consisting of himself, Jefferson and Councilman Len Lembo, his choice was criticized because all three are Democrats. "It's one-sided, why not mix it up." suggested Councilman Joe Pepe, who joined Republicans Joe Bridge and Jay Birch in voting against the committee, Pepe suggested the committee be comprised of the mayor, one Democrat and one Republican. Pepe accused Kubofcik of a "witchhunt" against Police Chief George Faso. "You've been after the chief and now you have your cronies," charged Pepe. Kubofcik replied that Bridge's term expires at the end of the year and that Birch had refused to attend a prior police committee meeting because he didn't want to be in the same room with the mayor. Birch denied the charges saying that Lembo gave him short notice and he couldn't get off work. "Your comment to me was that you refused to come with Will Kubofcik there," Lembo told Birch. "What about the 30 times Lenny Lembo couldn't make it to committee meetings because of flesh eating diseases or whatever," said Pepe. "You want to know why I didn't choose you," Kubofcik asked Pepe. "Who asked you," answered the
councilman. "I'm conducting my own investigation." "It's because of potential conflicts," said the mayor starting to read a statement.
"Who wrote that, the prosecutor or the judge," asked Pepe. Kubofcik then proceeded to read an e-mail from Pepe's wife, Muriel. Part of
the April communication chided the mayor. "Everytime you talk about elections, it's always about ethnic groups. 'You say we need a Latino, Circassian, Arabic or black person to win'. What about the white people."
"Stop ... stop . . ." residents shouted from the audience as the mayor continued. "Why was the chief of police copied on the selection of a political candidate," asked the mayor. "I can tell of council members who e-mailed pornography to me," said Birch. "I'll not violate their trust by exposing him." Referring to Pepe, the mayor said, "If you're on there, it will be biased. You said the judge wanted Judy (former Court Clerk Judy Critchley) out." 'The judge is ruining you and the town," replied Pepe. Then the public joined the fray. Tom Magura, chairman of the Centennial Committee, said, "This has been one of the most disgusting exhibitions of political service I've every seen in my life." Referring to a vote by the council asking for the resignation of Prosecutor Harley Breite, borough resident Bethany Seidel asked whether Kubofcik had ever forwarded that request to him. "He declined," said the mayor Seidel, noting that Breite had donated to Kubofcik's mayoral campaign, "Isn't that a conflict of interest."
"Thank you for your remarks," answered the mayor. School Board President Al Demarest defended the Pepes. "They have done so much for the kids in this town. I'm surprised you would embarrass them." Peter Tirri, the brother of a former Democratic councilman, questioned why the number of tickets issued by police had been decreasing. "There have been 100 plus stops," answered Pepe. "People are on vacation. The officers are doing community policing. The court wants more warnings to be issued. That's what's being done." Tirri then turned to the police chief s salary. "How can you justify paying $94,000 in a town of 6200 people and isn't he the director of the police academy. What are his hours." ''He's at the academy 6:30 to 8:30 am," answered Pepe about Police Chief George Faso's schedule at the academy. "He's here now. He works nights and weekends."
"When I pull in at 10:30 am, I wonder where he is," the mayor chimed in. "When I see him during the day at the police academy, he tells me it's a personal day."
"It's absurd to conduct business like this," said Birch. He noted that Faso received the same raises at the police officers bringing his pay to this level. "The police chief in Paterson gets $107,000, has 450 officer and a population of over 400,000," answered Tirri. He attempted to ask Faso how he could hold a second job while police officers were not allowed to moonlight. "I'm not responding," said Faso when Kubofcik tried to get him to answer. Cathy Jefferson, wife of Councilman Thomas Jefferson, the only African-American member of the council, said the e-mail showed what people really think. "There's also reverse discrimination," answered Pepe. Mrs. Pepe's e-mail was sent while she was under consideration to be a council candidate on the Democratic ticket along with a Latino and an Arabic. "She was just telling Will to pick the best person for the job and not to base his choice on ethnicity or race," said Joe Pepe.




AFTER MEETING WITH PROSECUTOR; MAYOR AND COUNCIL CLASH ABOUT COURT

Prior to the July 24th Prospect Park council meeting, County Prosector Ron Fava met in private session with the mayor and council. The prosecutor recently assigned Assistant Prosecutor Walter Dewey to monitor Prospect Park Municipal Court. In the public session that followed, council members alluded to the fact that this was the topic of the closed session.
For over an hour, Councilman Len Lembo and Mayor Will Kubofcik, armed with data about surrounding court venues, defended the Prospect Park Municipal Court which has come under fire in the newspapers. Both zeroed in on a Herald-News editorial that called for county intervention into the court operation. Lembo said he was speaking out because "the inexperienced and the ill-informed public officials with agendas are interfering and because newspapers are allowed to propagate so-called facts. A jaundiced eye is being cast on the court."
This prompted Councilman Joe Pepe to respond, "What private agendas."
"Aren't you related to the former judge." Lembo asked Pepe.
"My wife is," answered Pepe recalling that he voted for Judge Robert Baer's
appointment in 1999. Lembo, reading from a prepared statement, said he had visited
other courts and observed their proceedings and came to the conclusion: "that ours
is one of the fairest and well-run. The borough never asked for county intervention
as implied in the Herald News editorial. I challenge anyone to come forward with facts
that we downgrade here anymore than in other courts. Prospect Park is at the low end
on leniency."
"Then why did you vote to ask for the prosecutor's resignation," challenged Pepe
recalling the May resolution which Lembo supported. "I've explained that," said Lembo.
The mayor jumped in, "It's clear he wasn't given the full picture." Lembo said
the allegations about the court are half-truths and misinformation."
"Seven bags of heroin," recalled Pepe about a recent case in which a woman was given
a conditional discharge. "On drug cases," said Lembo, "The county prosecutor
downgrades them and returns them to local court."
Pepe challenged Lembo about the basis for his facts. "What's your expertise."
Kubofcik, speaking for about 30 minutes, addressed what he called "accusations,
opinions and hearsay. The Herald News editor is not qualified to make an expert
opinion about the court." Responding to the editorial's contention that the court
situation is a reason why police officers are looking for work elsewhere,
the mayor detailed the reasons why the past five officers have resigned.
"It was monetary. If they can get $20,000 more in Wayne or $10,000 more
somewhere else, it doesn't take a rocket scientist to figure out," said the mayor.
Also reading from a prepared statement, he noted that after the Office of
Administrative Courts ordered cases not to be downgraded to 215 charges,
courts started using other provisions in the motor vehicle law.
"Where are we going with this," interjected Councilman Joe Bridge.
"All I'm doing is presenting facts," said Kubofcik. "When the edict came out not
to use 215, charges started getting downgraded to 39:4-56 (delaying traffic)."
Then he went on to detail that Clifton did so seven times; Haledon, seven;
Passaic, two; Paterson, 66; Pompton Lakes, two; West Paterson, 11; Totowa, one;
Wayne, two; West Milford, 12 and Prospect Park, four.
"The point I'm trying to make is that Prospect Park Court is not the only one."
said the mayor. "Why is the Prospect Park Court being looked at."
Pepe told Kubofcik that Fava had answered that question when they were in private session.
Council Jay Birch said it was a matter of common sense.
"The officers are not being consulted on plea bargains," he said, noting that it's
customary for the prosector to ask about the defendant's attitude and demeanor
before considering a downgrade.
"It's a difference in philosophy. It's like we're turning a blind eye to
traffic violations," said Birch.
Kubofcik responded that downgrading is of such concern to the state legislature
that it has passed legislation creating a catch-all provision called
"driving a vehicle in an unsafe manner." It provides no points on the first
and second offense.
As he began reading the legislation, Bridge interjected.
"It's 10:30 at night and the public hasn't yet been allowed to speak.
I don't want to sit here all night and listen to verbatim state law," he said.
As the mayor defended his presentation, Bridged muttered something.
"What did you say." said Kubofcik.
"I said you're a jerk," answered the councilman.
The discussion deteriorated further as Kubofcik recalled how he had to
break the tie to appoint the judge and the prosector at his inauguration day
and how a borough resident was videotaping his actions on election day.
"That was me," answered School Board President Al Demarest from the audience.
"This is America, not nazi Germany," said the mayor.
"Don't accuse me of being a Nazi," answered Demarest.
"You'll be hearing from my attorney."
"Referring to the present assault on the courts as "a scorched earth campaign,"
Kubofcik turned his attack on the county prosector.
"When a crack case comes to local court, it's because the county prosector
has downgraded the charge," said the mayor. "So do we want a prosector that
is downgrading drug charges on a wholesale basis."
He concluded by calling the court monitoring " a witch hunt."


PROSPECT PARK TO CONDUCT ITS OWN INVESTIGATION ON PROFILING;
COMMITTEE SELECTION CREATES FIRESTORM AT COUNCIL MEETING

After Prospect Park Mayor Will Kubofcik announced that he had asked the
state attorney general's office to investigate allegations of racial profiling
in the borough, he has now decided to conduct an internal investigation.
His recommendation at Monday night's council meeting set off another firestorm
of acrimony among council members.
Last month, Councilman Thomas Jefferson, chairman of the police committee,
said the municipality should conduct its own investigation.
"We feel strongly there isn't any racial profiling in the police department,"
said the mayor, "but we need to have an open book."
General charges of profiling have been made by two Paterson councilmen
and although Jefferson had asked for specific incidents, none have yet been provided.
When Kubofcik announced the new committee consisting of himself, Jefferson and
Councilman Len Lembo, his choice was criticized because all three are Democrats.
"It's one-sided, why not mix it up," suggested Councilman Joe Pepe, who joined
Republicans Joe Bridge and Jay Birch in voting against the committee.
Pepe suggested the committee be comprised of the mayor, one Democrat and one Republican.


October 10, 2001
Prospect Park: Mayor says litter turning town 'into a garbage pit'
By ROBERT RATISH - Bergen Record

The Borough Council was considering an ordinance Tuesday night that would
increase the penalty for littering to a fine of up to $1,000 and a mandatory
45 days of community service.
The proposed penalty was changed from Mayor Will Kubofcik's original idea of
a minimum $1,000 fine.
The current penalty ranges from $35 to a maximum $1,000 or 90 days of community
service. The proposed minimum fine is $100.
Under the proposed ordinance, litter was defined broadly to include dust coming
off trucks, and it explicitly would ban throwing litter from aircraft.
Children who litter would subject their parents to the same penalty, according to
Kubofcik, who proposed the fine after becoming fed up with the amount of garbage
on the borough's streets.
Capt. Frank Franco said Tuesday afternoon that while he did not know the number of
littering summonses that go out, it is minimal.
"This town is spiraling into a garbage pit," Kubofcik told a group of about 20
residents who attended the meeting Tuesday night. "You know the American Indian
with the tear coming down his eye in the commercial? Well, that's what's happening."
Earlier in the day, some residents wondered whether the original proposal of a
minimum $1,000 fine fit the crime.
Resident Carmela Flores responded with a look of disbelief to the question.
"$1,000? That's too much," she said.
Some doubted whether people in the mostly working-class town would be able to pay the fine.
"That's a lot of money," said Vanessa Jimenez, a sophomore at Manchester Regional
High School who lives in Prospect Park. "The mortgage here is mad expensive, and
people have other expenses like car payments."
But others thought the fine would be a good way to keep the streets clean.
"You've got a lot of dirty people throwing garbage all around," said Dave Cooper,
a retired pipefitter who has lived in town 40 years.
He recalled a time when people took better care of their property, coming out
every so often to sweep the sidewalks in front of their houses. Now, he said,
litter is everywhere.
"They've got garbage cans all over and people don't use them," he said,
pointing to a can on the corner of Brown Avenue and 9th Street. He also saw
no problem with fining parents when their children litter.
"You're responsible for your kids until they turn 18," he said.
"If you teach them at home not to throw garbage on the ground, they'd know better."


November 7, 2001
Election results: Prospect Park
MONSY ALVARADO - Bergen Record

Democrats maintained complete control of the Borough Council as voters
elected two newcomers and an incumbent Tuesday.
Heriberto "Herb" Perez and Mohamed Khairullah won their first full terms
by defeating Republicans Thomas F. X. Magura and Melania John.
Incumbent Pasquale "Pat" Tirri, who was appointed to fill a seat left
vacant by Joseph Pepe, defeated newcomer Shirley Babilonia for the one-year
unexpired term.
"I feel great and proud to be an American, because my election showed
that we are united and that we don't discriminate against anybody,"
said Khairullah, referring to his Syrian background.
During the campaign, Perez, Khairullah, and Tirri said they wanted to
crack down on litter, blasting, and dust from the local quarry and
stabilize taxes.
"I'm just going to do my best," said Khairullah. "I know I'm in now and
I have to work on finding ways to work together with the county and bring
in businesses to town and that is how we will start to stabilize taxes."
The Republicans could not be reached for comment.
Perez, 37, of North 16th Street, is operations manager of a Prospect Park
printing company. He is a member of the Planning Board, the board of directors
of the Puerto Rican Parade Organization, the Municipal Alliance, and the
Board of Recreation. He is a coach in the local girls' softball league. He
is married with two children.
Khairullah, 26, is a math and science teacher for the Paterson schools.
He serves on the Planning Board and is a member of the Volunteer Fire Department.
He and his wife live on North 11th Street.
Tirri, 30 and single, lives on North 17th Street and owns a local bar and grill.
He is the commissioner of the Board of Recreation and of the Board of Recycling
and Solid Waste, and a member of the Finance Committee.


November 20, 2001
Updated Election Results from Passaic County
   www.passaiccountynj.org

MEMBER OF THE BOROUGH COUNCIL PROSPECT PARK
VOTE FOR 2 (WITH 4 OF 4 DISTRICTS COUNTED)

HERIBERTO  (HERB)  PEREZ (DEM) 770 32.18%
MOHAMED  T.  KHAIRULLAH (DEM) 700 29.25%
MELANIA  JOHN (REP) 449 18.76%
THOMAS  F.X.  MAGURA (REP) 474 19.81%
Total
2393

    MEMBER OF THE BOROUGH COUNCIL PROSPECT PARK
    VOTE FOR 1 (WITH 4 OF 4 DISTRICTS COUNTED) 
PASQUALE "PAT" TIRRI, JR. (DEM) 710 59.97%
SHIRLEY D. BABILONIA (REP)
473
39:95%
WRITE-IN
1
.08%
Total
1,184


November 29, 2001 Hawthorne Press
PROSPECT PARK COUNCIL INTRODUCES ORDINANCES

Prospect Park's controversial litter ordinance wasn't adopted at the public
hearing held by the borough council on November 19.
But three more ordinances were introduced in an effort to pass this legislation
before the end of the year. Ordinances 2001-12 amends the various fees for
construction, electrical and plumbing permits. Two bond ordinances were
presented. Ordinance 2001-13 appropriates $312,000 for the reconstruction
of Fairview Avenue from Hopper Street to Wagaraw Boulevard and the installation
of warning flashers at the public school. Ordinance 2001-14 provides $428,000
for streetscape improvements. The borough expects to receive $300,000 in grant
money from the Transportation Enhancement Program and $17,981 from the Department
of Environmental Protection and will issue $104,500 in bonds as its share of this
program. Public hearings on all three ordinances are scheduled for Monday, December 10
at 7:30pm. In other matters, the council approved a $26,835 change order for the
resurfacing of North 9th and North 10th Streets to Tomaro Contracting.
The resolution states that excavation reveals an unforeseen circumstance. The
existing pavement is not of sufficient thickness to support milling and
resurfacing. Therefore road reconstruction is necessary. The original
contract was $104,045.


December 6, 2001 Hawthorne Press
PROSPECT PARK POLICE REACH OUT TO SENIORS

The Prospect Park Police Department has initiated a community policing program
for senior citizens. Sgt. Fred Schwaner said the department is reaching out to
senior citizens' groups and individuals who reside in the borough.
Older residents can call the police department, 973-790-7900 between 8am and 5pm,
Monday through Friday, to request a home security survey and/or to obtain
senior citizen medical cards and other pertinent information. Schwaner or
Ptl. Brian Koppenal will respond. 'Together we can make this program a succeess,
improving the quality of life for senior citizens of Prospect Park. They are
an important part of this community,' said Schwaner, encouraging seniors
to get involved.


December 19, 2001  The Shopper News by David Jones
TOUGH BOROUGH LITTER ORDINANCE TO UNDERGO REVISIONS

An ordinance cracking down on littering in the borough has been revised and will
be reintroduced at the governing body's Jan.14 meeting, Mayor Will Kubofcik said last week.
The revised ordinance would allow a judge to sentence convicted litterbugs to anywhere between five and 45 days' community service or jail time.
The original ordinance, unanimously approved on its first passage by the council at the
governing body's Oct.9 meeting, had mandated 45-day sentences for all offenders.
That ordinance was expected to meet with unanimous approval at the council's November meeting, but instead was tabled while Kubofcik was out of town.
Kubofcik said the governing body agreed to make the revisions after members of the public expressed concern that the mandatory sentences prescribed by the original ordinance were too harsh.
"Some people thought the judge should have some discretion," Kubofcik said.
"So we made the compromise."
The revised ordinance will still retain the other features of the original, Kubofcik said.
That means that first-time offenders will be subject to fines ranging from $100 to $1,000, while repeat offenders will face a minimum fine of $500, and could face up to 90 days' community service or jail time.
"I want to send a very strong message," Kubofcik said. "For people that don't litter, they have nothing to worry about. For the ones that do litter, they are going to have some fears and concerns, and rightfully so. I have no pity for litterbugs."
If approved by the council next month, the ordinance will make it illegal for any person to throw or deposit litter in or upon any street, road, sidewalk or other public place, private premises or body of water within the limits of the borough. Throwing litter from vehicles or aircraft is also prohibited. The law also instructs drivers of trucks to secure their loads so that gravel, mud and other substances do not spill. In the past, the municipality has had problems with dirt and gravel falling off trucks entering and exiting a local quarry. "We are taking this very seriously," he said.


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