February 14, 2002 Hawthorne Press STIFFER PENALTIES FOR LITTERING ADOPTED After a passage of an anti-littering ordinance failed last year, the Prospect Park council has adopted legislation that sets stiffer penalties for those who litter. The measure sets a maximum fine of $1000 and community service for those convicted of littering violations. "We're proud of the ordinance. It shows zero tolerance for littering," said Mayor Will Kubofcik. "We're sending a message that if you litter you'll have to do community service." The penalties apply to persons, corporations, associations as well as to the parents or legal guardians of any violator under 18. A first offender is subject to a fine ranging from $100 to $1000 and 45 days community service or 45 days in jail. For every subsequent offense, the minimum fine is $500 and the penalty includes a term of 10 to 90 days community service or the same period in jail. "This is not as drastic as the original version, " said Kubofcik about the 2001 measure that set a $1000 minimum fine and had been criticized as "draconian." While no one commented during the public hearing, former Councilwoman Betty Van Eeuwen stated that enforcement is the key to keeping the town clean. "If people are afraid to report their neighbors when they see litter, the ordinance will go by the books," she said. "It's sad that people don't report littering when they see a mess." February 21, 2002 Hawthorne Press FENCE HEIGHTS CAN NOW BE SIX FEET IN PROSPECT PARK At it's February 11th meeting, the Prospect Park Council adopted new rules regulating fence heights over the objection of Board of Adjustment Chairman George Aupperlee. The new rules allow fences to be six foot high at the rear or side of a property. "If you allow everyone to put up six foot fences, the town's going to look like a stockade," said Aupperlee. "Is this being done for the convenience of one person or does it affect everyone." Councilman Pasquale Tirri replied that a fence would still have to be four feet in the front and could not exceed that height on a corner lot. "I understand that," said Aupperlee reiterating his objection. "There are other changes, mainly aesthetic," said Mayor Will Kubofcik. "The fence must be one color. The height is regulated and the maintenance is regulated. BOND APPROPRIATION FOR TRAFFIC SIGNAL Another ordinance adopted that night was a $114,000 bond ordinance for a signalized intersection improvement at North 6th and East Main Streets. During the public hearing, Helen Donohue asked why the appropriation was needed as there's already a signal at the intersection. "It's in a state of disrepair," said Borough Engineer Drake Stinson, "It was built in the 1960s. It's in the wrong position. It doesn't meet state standards." According to Stinson, 90% of the funding will come from the NJ Department of Transportation. "We're taking advantage of their offer," said the engineer, coincidentally with the Straight Street Bridge repair. "We asked DOT to pay to fix the intersection. The bond is to cover the cost but the majority of the money will come from the state." SOLID WASTE CONTRACT EXTENDED The borough's solid waste contract was extended pending the award of a new bid. "The borough council rejected all the bids on December 27 because they were higher than the projected costs," said Borough Attorney Denis Murphy. "This is an emergency contract with the current disposal contractor. The law requires 60 days for the bidding." The contract will be readvertised as a three-year or a five-year contract with separate costs for disposal and collection. "Companies can bid separately or in combination," said Murphy. The law requires 60 days for the bidding process. $31,407 TRANSFERRED INTO LEGAL FEES A budget transfer resolution moved $31,407 from various accounts in the 2001 into the lone account to cover legal fees. February 28, 2002 Hawthorne Press PROSPECT PARK SENIORS CAN SIGN UP FOR OPERATION REASSURANCE Prospect Park senior citizens can sign up for Operation Reassurance, which is being run by the borough police department. Older residents, who live alone can register by signing up at police headquarters or by calling 973-790-7900. This is a free program. Once enrolled, the participant calls into police headquarters each day between 9 and 11am. If the participant does not call in by the designated time, a police dispatcher will attempt to reach the resident by phone. If the participant does not respond by phone, a police officer will be sent to their home to check. FIRE ON NORTH 6TH STREET; ILLEGAL BEDROOM IN BASEMENT Minutes after Prospect Park firefighters returned from a mutual aid call in Haledon on Sunday, a house fire was reported in their own municipality. Both borough companies responded to 297 North 6th Street where fire had ignited in the basement. Fire Chief Jeff Vander Molen put in his own call for mutual aid with Hawthorne Fire Company 3, Haledon and Paterson responding to the scene. "It could easily have spread," said Vander Molen, "but with the additional manpower and equipment, it went very well.". The fire was confined to the basement with heavy smoke damage on the first and second floor. Fire officials said Pedro Hernandez, owner of the house, who lives with his family on the second floor, was apparently in the basement cleaning some appliance parts in a degreaser. The water heater kicked on and ignited the fumes of the volatile substance. Hernandez reportedly tried to extinguish the flames by pouring water from a utility sink before his wife put in a call to 9-1-1 at 5:08pm. Vander Molen said Hernandez was fortunate to get out of the basement with access via an exterior metal door. There is no exit to the first floor from the basement. After firefighters extinguished the blaze, a basement bedroom was discovered. Hernandez had previously been cited for an illegal bedroom and the matter has been referred to Housing Official Dave Heerema. All the occupants of the first and second floor had been evacuated before firefighters arrived on the scene. North Haledon and Totowa fire companies reported for stand-by at Prospect Park's two firehouses. March 13, 2002 The Shopper News COURT ALLOWS PROSPECT PARK TO REGULATE QUARRY by Alfred Alvarez Last month, a state Superior Court judge dismissed a request from Tilcon to repeal an ordinance that would allow the borough to monitor the actions of the quarry company. Judge Burrell I. Humphreys' ruling grants the borough's engineer the right to conduct both scheduled and pop inspections. In 1988, borough officials expressed concerns as to what would happen to the land if and when the quarry became exhausted. Based on these concerns, the borough engineer was sent to the site for inspection after a request for a license renewal was submitted to the borough on July 6, 2000. "The engineer basically found out that the quarry had not submitted a lot of information to help the municipality understand its operations," said Richard Cushing, attorney for the borough. It was also discovered that Tilcon allegedly had not submitted a rehabilitation plan since 1990. A rehabilitation plan is a master plan that shows how the quarry is going to be mined, how it would dig, how deep, and, most importantly, how it would bring the land back to a usable site after work is completed. "They claim they submitted one in 1996," said Cushing. "We asked them to submit a copy and what was submitted. They have not shown us anything." In addition, an ordinance passed by the borough in 1989 called for the quarry to pay for its own cost of licensing instead of the borough. According to Cushing, Tilcon claimed that the ordinance was "unfair." "The quarry became insulted by the municipal action and eventually alleged the ordinance was ambiguous," explained Cushing. Cushing said he recommended to the borough that the 1989 ordinance be updated to eliminate any possible ambiguities. A new ordinance was passed in May 2001. Under the new ordinance, the quarry is required to submit pertinent information relating to its operations. "This information has a lot to do with the activities the quarry has engaged in for the last ten years," said Cushing. According to Cushing, that includes how much stone has been removed, where it'll be digging, what its network of road is, where equipment is located and how it would control dust movement. The quarry would also have to submit a noise control form to assure they do not disturb neighbors. "The quarry argues that there were no facts on dispute and the ordinance was ambiguous and, therefore, entitled them to a summary judgement with no factual information," explained Cushing. Judge Humphreys ruled that the ordinance was not ambiguous and gave the borough the right to regulate the quarry. In addition, it must reimburse the borough for engineering and inspection fees. "This was a very important victory because it established that the quarry must comply with municipal regulations," said Cushing. Currently, the quarry is operating without a license because it has not filed for one under the new ordinance. "We have advised that unless they immediately make an application for a new license, that we would be going in for an order to show cause to shut down their operations," stated Cushing. "If the quarry agrees to come in and be regulated and submit the information that the engineer requests, we will grant them a license." Borough officials are also requesting that a performance bond be issued, in accordance with both the old and new ordinances. A performance bond states that the quarry will guarantee to take certain steps while working onsite and put up some form of security to assure those steps are followed. "It's easy for them to say they're going to do a certain action but we need to know that if things change, the commitments by the quarry will be adhered to in 2002 and can be carried out in the future," explained Cushing. Borough Engineer Stan Puszuz said that he has already put together an inspection team to review the site. "Inspections will allow the borough to understand the nature of the operations so the borough can deal with issues concerning the quality of life and the future of the borough," said Puszuz Because the quarry is mandated to reimburse the borough for inspection fees, Puszuz said, cooperating with the borough would be within the best interest of the company. "Obviously to the extent that they delay us and cause us to do more work, it will cost more," stated Puszuz. Mayor Will Kubofcik described this case as a "David and Goliath" story. "This is extremely rewarding. Everyone we've spoken to had said it's impossible to beat a company like Tilcon because they have more money than the borough could ever have," said Kubofcik. However, the ruling last month is not where this case ends for Kubofcik. Kubofcik said Tilcon has allegedly been funneling money to the Concrete and Aggregate Association, a lobbying group supporting a bill to place all authority in regulating quarries in the hands of the state and away from municipalities. "They have admitted that they've contributed over $150,000 to legislators in favor of quarries versus municipalities," said Kubofcik. "They're trying to beat us from a legal battle and if they can't win, then they're going to the legislative system." Tilcon filed suit in federal court last September, alleging that the borough had violated its rights. The borough has moved to dismiss the suit. Judge Dennis Cavanaugh in Newark is reviewing the case. "Quite frankly, we're very confident that it will be dismissed by the federal court," said Cushing. Officials from Tilcon did not return phone calls seeking comment as of press time. March 14, 2002 Hawthorne Press FALCONS CONCLUDE SUCCESSFUL SEASON The 2001-2002 Manchester Regional High School Falcons basketball team won its first outright title since the 1980-1981 season. That year, the team finished with a league record of 14-4 and an overall record of 18-7. This year marked the first time the Falcons exceeded 20 wins in one season. Their record in the King Division BPSL was 11-1 and their overall record was 22-5. The team made it to the finals of the state Section 1, Group 2 Tournament losing to Northern Highlands High School. The coaches are Jay Cody, Jon Goldstein, Vincent Hunter and Al Clark. The players are Eddie Perez, Celso Chiavarria, Amin Diaz, Joe Wighard, Terrell Hunter, Mike Irwin, Javier Lugo, Gian Paul Gonzalez, Emmanuel Rodriquez, and Craig Galletta. SCHOOL KIDS AT LUNCH HOUR CAUSING CONCERN AMONG RESIDENTS While the Prospect Park School expansion is underway, students are prevented from using the playground. During lunch hour as they mill along Brown Avenue and down toward North 8th Street, their actions are causing concern among older residents. At Monday night's council meeting, Ann Troast asked Mayor Will Kubofcik "to do something with the kids at North 8th Street for lunch. They're jumping off walls and littering the streets." "Do we have to put up with this until the school is fixed," she asked. "They have foul mouths and use the 'F' word." Police Captain Frank Franco said that during lunch hour, the School Resource Officer Amar Singer is out there with as many officers as possible. "There's just so many kids out there," said Franco about the 700 plus students in the school adding that "they talk to the police the same way." "My mother ran a candy store at the corner," said Troast "and she never had these problems. It's the parents who need to be told." Kubofcik agreed that "we have to take some drastic measures." He advised Troast to sign trespassing complaints for students who come on to her property. Anthony Lavella also expressed his concern. "The kids fight. They run up and down stairs. It's ridiculous." Among the citizens' suggestions were to keep the students in school during lunch or to block off a section of North 9th Street. School Board President Al Demarest said there was no room in the school to house over 70 kids at a time. "Once the kids are off school grounds, we have no say about what they do," said Demarest. As for blocking off North 9th Street, Franco said it's not feasible because there are too many residents who need access to their driveways. Jack Witham asked why the littering ordinance wasn't being enforced. "When there's a group of kids and one drops a paper plate, the policeman can't always see which one littered," said Franco, noting that warnings have been issued and parents have been brought to headquarters. Singer said he's been talking to the kids about preventing litter. "It has improved," he stated. March 21, 2002 Hawthorne Press Prospect Park actions taken on March 11th council session Police Ordinance revision introduced Legislation revising Prospect Park's new police ordinance was introduced by a 4-0 vote. The revision changes the table of organization to provide for four sergeants and 15 patrolmen. The previous measure adopted in 2000 provided for two sergeants and nine patrolmen. "We have four sergeants," said Mayor Kubofcik, "The ordinance only allows for two. We're increasing the number of patrolmen so we won't have to update this again in the future." Regarding the additional officers, Borough Attorney Denis Murphy said, "It doesn't necessarily mean the town council will appoint additional officers. If the positions aren't filled, they don't exist." A public hearing on the ordinance is scheduled for April 8 at 7:30pm. Bid awarded for Fairview Avenue A resolution authorizing a contract to Concrete Masters of Kearny was approved for $175,120. The project, which includes milling, resurfacing and roadway improvements, will be funded by a $175,000 state transportation grant. Contract for LOSAP goes to Lincoln National After receiving two proposals for its LOSAP (length of service awards program), the council has approved a contract to Lincoln National Insurance Company and its agent Lincoln Financial Group for a multi-fund variable annuity program. There will be no cost to the borough other than the service award, according to the resolution. Emergency appropriation for fire equipment Saying it was "a long time coming," the mayor proposed a $40,000 emergency appropriation for the fire department's communications program. Kubofcik, who recently joined the volunteer fire department, said, "It's absurd that the officers outside can't communicate with those inside." Repairs are like "putting your thumb in the dam," said the mayor noting that this month's repair bill was $5700. After approving the emergency appropriation, the council awarded a contract for $40,000 to Warner Communications. Since the equipment is under the state contract, it's exempt from bidding. Boro pays $543 bill for injured dog A resolution authorizing $543 to Blue Cross Cat and Dog Hospital passed 3-1 with Councilman Thomas Jefferson voting "no." "A dog was struck by a car on North 6th Street and Fairview Avenue. It is believed that the dog belongs to a borough resident," said Murphy. He advised the municipality to pay the bill and forward the bill to the dog's owner. "Blue Cross is threatening to sue the borough," said the attorney. The municipality has animal control which stabilized the dog and brought it to the animal hospital where it was put to sleep. "Rather than litigate this with the hospital," said Murphy, "The borough stands in better shoes to go after the owner. We can assess liens etc. for the reimbursement payment." Patrolman receives permanent appointment Ptl. Amin Matari has received a permanent appointment upon fulfilling a sixth month probation. Worn flag collection April 8 Prompted by the number of worn and tattered flags throughout town, Cub Pack 20 will be at the April 8th council meeting to collect old flags for disposal. "It's a dishonor and a disgrace to see so many flags on the ground are worn out," said Ilene Potoak, scoutmaster of the Cubs den. The scouts will prepare the flags for proper disposal. The interlocal agreements with Haledon The borough has entered into interlocal agreements with Haledon: one for the purchase of gasoline and another to share the purchase of a sidewalk sweeper. By buying gasoline from Haledon, according to the mayor, Prospect Park will save an estimated $11,880 annually, about half of its normal cost. Prospect Park is currently paying $1.54 for diesel fuel while Haledon obtains diesel fuel through a cooperative purchasing program for 64 cents a gallon. Haledon will also earn a monthly fee estimated at $143. The sidewalk sweeper will cost each community $14,500. "We'll share the cost with Haledon," said Kubofcik, "to keep up with troubled areas." March 22, 2002 Bergen Record Police call-in program helps seniors rest easier by Eman Varoqua Agnes Murray leaves herself a little yellow Post-it note every night on her dresser that reads, "Call Capt. Franco at 9:10 a.m." The next morning when she wakes, she remembers to phone in and let the Prospect Park Police Department know she's safe and sound. Murray, 72, is part of the department's new program, Operation Reassurance, where senior citizens living alone in the borough call to check in between 9 and 11 a.m. If a person fails to do so, officers try to contact the resident by phone. If they do not respond, officers are then sent to the home. "I'm not well, and there's no one to watch over me," Murray said. "I'm comfortable now knowing that if something were to happen to me, I'd be taken care of." Participating seniors are also issued "refrigerator cards" - magnetic cards that display medical history, medication lists, and emergency contact phone numbers. "If there is a problem, and an officer has to force entry and the resident is unable to respond, they can look on the refrigerator and easily know what action to take," Sgt. Fred Schwaner said. Murray moved to the borough three years ago from Hawthorne after her husband died. Both of her daughters live far away, and her son, who lives in Haledon, works a night shift. Murray does not drive and said her only outings are a biweekly trip to the grocery store and Sunday morning Mass at St. Paul's Roman Catholic Church in Haledon. "I don't get out, and I don't talk to anyone really," she said. "It's so refreshing to have a polite conversation with Captain Franco everyday. I look forward to it." "There are a lot of people out there that live alone and go for days without speaking to anybody," said the captain, Frank Franco. "What we do really is talk to them, make sure they're OK, and see if they need anything." Borough officials felt there was a need to establish a program after seniors living alone in neighboring towns were found days later needing emergency medical attention or had died. Officials also found that programs similar to Operation Reassurance have proven successful in Bloomingdale, Clifton, Hawthorne, and Paramus. "We borrowed the idea and implemented it to better service our seniors," Mayor Will Kubofcik said. The borough initiated the program this month and so far has a handful of participating seniors. Any senior in town is eligible for the free program as long as they are over age 65 and live alone. Last Sunday, Murray was running late to Mass and rushed out the door without calling the police. "As soon as I walked in, the officers were calling me on the phone making sure I was OK," she said. "I feel bad that I didn't call in, but it was a great feeling to know someone cared." Residents interested in registering for the program can call (973) 790-7900. April 03, 2002 Bergen Record School elections preview: Manchester Regional by Cathy Krzeczkowski MANCHESTER REGIONAL HIGH SCHOOL AT STAKE: Two three-year terms in Haledon and one three-year term in Prospect Park on a nine-member board. CANDIDATES FOR THREE-YEAR TERMS: Albert Demarest, 67, lives on North Ninth Street in Prospect Park. He retired as a Paterson police dispatcher five years ago after 36 years. He is the former president, a s well as a 24-year member, of the Prospect Park school board. He and his wife, Arlene, have two children. Top priority: "I'd like to hire more teachers and have more advanced courses, but there's really no extra money to do anything except regular upkeep," he said. "We have decent kids here. They don't have much, and if I can do something to help their education, I would gladly do it. The kids come before the money. ... Ø Nobody's here to raise taxes." Frank Felice, 51, lives on Norwood Street in Haledon. Director of retail dining services for at Sodexho Management Services. He ran unopposed for office in 1996. He and his wife, Laura, have one son, Michael. Top priority: "The same as it was six years ago: technology. I'm shooting to see if Manchester becomes the premier technology school of New Jersey, or something of that nature," he said. Ellen Fischer, 42, lives on Avenue C in Haledon. She and her husband, Jeffrey, are members of the Haledon school board. Her husband also is on the Manchester board, and their daughter, Laura, 17, is the student liaison to the board. "We're all involved," said Fischer, who is a salesperson at Morningside Greenhouse in Haledon. The couple has two children. Top priority: "The kids are my No. 1 priority. I'm running for the betterment of the children, to make sure they have all the programs they need to further them in their careers." Budget: The proposed budget is $10,778,366, an increase of $1,278,366 over this year. Voters on April 16 will decide on a general fund tax levy of $6,452,046, divided among the three towns. The levy would require a $173 tax increase on an average home in Haledon, a $210 tax increase on an average home in North Haledon, and a $213 tax increase on an average home in Prospect Park. April 09, 2002 Bergen Record State Clears Prospect Park Cops Of Profiling By Monsy Alvarado PROSPECT PARK - A state investigation has found no conclusive evidence of racial profiling by borough police officers, town officials announced Monday. "I think it's good to have this review,'' said Mayor William Kubofcik, who pushed for the investigation. "I believe our best judgment was to do a self-analysis.'' At Kubofcik's request, the state Attorney General's Office agreed in January to review the department's policies after several drivers who were stopped in the borough alleged racial profiling. Kubofcik also alleged that police were pulling over a disproportionate number of drivers from neighboring Paterson. Furthermore, in recent years, Paterson residents have accused Prospect Park police of singling out city motorists for traffic stops. Residents of the mainly black a nd Latino city said they have felt as if they are being targeted by the predominantly white police force in Prospect Park. Although Kubofcik said he was happy with the results, he also strongly urged anyone who believes they may have been a victim of racial profiling to come forward. "The Police Department has a serious job, and they will be held accountable,'' Kubofcik said. "It's an open book.'' The borough received the results of the report more than a month ago, but Kubofcik said because officials were dealing with other matters in the Police Department they did not comment on the findings. Although residents at Monday night's Borough Council meeting were unable to see a copy of the report, Kubofcik said copies would be available Monday. During its examination, the Attorney General's Office looked into whether the department's top brass were following policies and procedures, according to town officials. Investigators also reviewed internal affairs documents, according to Capt. Frank Franco, who has been leading the 15-officer department since the retirement of Chief George Faso last year. Franco said that out of everyone who alleged racial profiling, only two came forward during the investigation. He said one of those was found to be lying, because the traffic stop was recorded by a video camera mounted in a police car. "Everything she swore to was found to be false,'' Franco said. Despite the findings, Franco said officers have changed the way they record traffic stops. He said officers are required to fill out a form every time they make a stop, which must include why they stopped the person, age, sex, race, and ethnicity and whether an arrest was made. The logs are collected every day and the information is placed into a computer, he said. The forms have been filled out for more than a year and so far, he said, there is no indication of racial profiling. "We've analyzed it, and it is coming out even in the end,'' he said. Residents attending the meeting said they were pleased with the results. "I don't think there was ever any wrongdoing,'' said Betty Van Eeuwen, a former councilwoman and lifetime resident of the borough. "I think our police officers were just doing their jobs.'' April 10, 2002 Bergen Record PROSPECT PARK AT STAKE: by John Chadwick Two seats on seven member board. CANDIDATES FOR THREE-YEAR TERMS: Pamela Eruhow, 47, lives on Struyk Avenue and has served on the Board of Education for seven years. She is married and has three daughters, ages 26, 22, and 15. Top priority: Eruhow said she wants to oversee construction of a school addition and continue to upgrade curriculum, including the foreign language program. "We are in need of this new building and new ideas,'' she said. "I want to continue my work.'' Craig Jolliffe, 49, lives on Brown Avenue. He works as a sales representative for a lumber company. He is married and has three children who went through the school system. Top priority: oversee school construction project and help raise test scores. "I'm also very proud of the fact there was no tax increase this year, which makes it about three or four years we haven't had a tax increase." Kathy Esquiche, 30, of Fairview Avenue, is a public school teacher in Paterson. She has a 4-year-old daughter. Top priority: Wants to improve the district's test scores and add the world language program. "We need to look at teacher training, the resources, the materials they are using,'' she said. "We need to make sure the kids are being properly prepared to take these tests.'' Jose Pantoja, 32, is an investigator for the Liberty Mutual Group. The North 12th Place resident is married with one daughter. Top priority: Implementing the world language program and improving test scores. "I was not happy to see there are schools in the Paterson district that were better or beyond what we did in this town.'' Budget: The proposed 2002-03 budget of $8,466,009 is an increase of $706,928 over this year. The total tax levy, including debt service, is $1,623,427, an increase of $98,072. Voters the April 16 election will decide on the general fund tax levy of $1,426,798, the same as this year. Owners of a home assessed at the town's average would continue to pay $727 in property taxes. April 18, 2002 Hawthorne Press PROSPECT PARK LAWSUIT SEEKS TO SHUTDOWN THE QUARRY With three lawsuits now pending between the Borough of Prospect Park and Tilcon Quarry, the municipality has filed a show cause order seeking to enjoin the quarry from operating without a license and until it submits an approved reclamation plan. "They haven't met all the standards to be properly licensed," said Mayor Will Kubofcik, "so we're asking the court to shut them down." Richard Cushing, special counsel to the borough on quarry matters, said they're just seeking expedited action to have a judge determine whether the quarry should cease operating until it complies with the municipality's regulations. At issue is the original quarry ordinance, which Tilcon is challenging in state court as well as a revised 2001 ordinance, the subject of a federal lawsuit initiated by the quarry. The third lawsuit is the tax appeal for 2000, 2001, 2002 filed by Tilcon. "The suit is baseless," said Brian Montag, attorney for the quarry, about the show cause order. "Tilcon has been supplying all the information requested by Prospect Park and we've been trying to work in good faith with the municipality." He contends that the quarry has provided over 1000 pages of substantive documents and reports to the municipality. "The documents are not what has been requested by the borough," said Cushing. "They could give us the Encyclopedia Britannica but if it's not what we asked for, it's not sufficient. Montag counters that the borough is sending mixed messages, first telling the municipality's only major industry that it had to apply for a license under the old ordinance, then telling Tilcon it had to meet the provisions of the new ordinance. He says the stalemate resulted when Prospect Park's administration cut off direct communications between Tilcon's engineers and other professionals with the municipal engineer and other borough officials. "Bill Sandbrook, Tilcon's president, has asked to meet with the mayor three times and he refused," said Montag. He insists the quarry "has been completely compliant." Cushing disagrees, saying the quarry's management has been stonewalling. "Our engineer says that their submissions are grossly inadequate. We're saying they're not properly licensed. The new ordinance requires them to submit a reclamation plan and a performance bond in accordance with that plan," said Cushing. He says direct communications can't be allowed until the quarry submits all the required documentation. The quarry has about three to five years left for its mining operation and locals site a sense of urgency in obtaining a reclamation plan. In 1990, the quarry provided $25,000 as a performance bond for its reclamation. "That wouldn't even pay for a gate to keep the site locked," said Kubofcik. Tilcon's representatives said the $25,000 was all the borough had requested at the time. Joyce Watson, spokesperson for the quarry, said Tilcon has no plans to cease operating its asphalt plant or concrete/asphalt recycling plant. She said the reclamation plan "calls for leaving the property for a use compatible with borough zoning requirements." "We need to see the plans - the elevations, the roadway, the storm water management. We need to know how the mining plan over the next four to five years will inter-relate to reclamation. Where will they be when they finish. What steps will they take to get there," said Cushing. He said if the quarry would just stop resisting, "this could be worked out, short of a trial." April 18, 2002 Hawthorne Press PROSPECT PARK SCHOOL BOARD ELECTION Mayor Will Kubofcik backed two newcomers in the Prospect Park race but was unable to defeat incumbent Pamela Eruhow, who topped the four-person field with 245 votes. Tuesday night fellow board member Craig Jolliffe was declared winner until the write-in votes were counted. Kathy Esquiche, backed by Kubofcik had 20 absentees which put her seven votes ahead of Jolliffe. She ran second with 238 edging out Jolliffe, 231. Jose Pantoja came in last with 189 votes. Kubofcik's attempt to launch a write-in against Al Demarest failed when the Prospect Park representative on the Manchester BOE won. He garnered 267 votes to 132 for write-in candidate Myra Kat. The Manchester budget went down to defeat 1473-549. Most of those negative votes came from North Haledon where voters trounced the regional budget 1118-191. May 2, 2002 Hawthorne Press Prospect Park Names Acting Borough Clerk Prospect Park finally has an acting borough clerk. At a special meeting last Friday afternoon, the Borough Council appointed Christopher M. Mendez to the post. The 21-year-old Paterson resident said he recently completed a three year stint in the US Army where he served as a finance officer. "I'm interested in government," said Mendez. "In the Army, I learned about the federal level and now I'm learning about the local level." The acting clerk is not certified and said he will be starting the certification classes tomorrow at Rutgers University. His first class is Introduction to the Duties of Municipal Clerk and he has five more classes before taking the state exam. Mendez said he learned about the job through a newspaper advertisement, applied and was interviewed last week. He says he has some familiarity with Prospect Park because he used to date a girl who lived across the street from the Municipal Building. His starting salary will be $25,000. "He's young and energetic and came highly recommended by our borough administrator," said Councilman Herb Perez. "He jumped right in and it's been smooth sailing so far." The clerk's position has been vacant since January when Borough Clerk/Administrator Wanda Santiago resigned. Since then, the dual position has been split in two. The council appointed Barbara Varcadipane as the borough administrator/deputy borough clerk on April 9th. She is also a Paterson resident who formerly lived in Prospect Park. According to Mayor Will Kubofcik, she has 22 years of corporate experience and is earning $30,000 annually in the municipal position. May 04, 2002 Bergen Record Borough Seeking To Remove Mayoral Candidate From Ballot by Robert Ratish The borough is asking for a court order to boot Democrat Paul Birch from the mayoral primary ballot, alleging his petition is void, according to a complaint filed in Superior Court in Paterson. Borough Administrator Barbara Varcadipone, who was acting clerk at the time, discovered problems with the petition after she certified Birch and the other candidates with the county, the complaint said. Without signatures that were invalid, Birch had only 18 of the required 25 signatures to get on the ballot, according to the complaint. Two signatures were obtained by someone other than Birch, and 11 were obtained after Birch signed a form certifying the petition, according to the complaint. Varcadipone also alleged there was evidence that some people who signed believed the petition was for a school board election, or that it qualified them to vote in the borough's primary election. Birch said Friday that nobody was misled into signing and that all the signatures were collected before he certified the petition. He said a notary accidentally dated the document April 6 instead of April 7. Former Borough Administrator Judy Critchley, who notarized the petition, said Friday that she did mistakenly predate the document. If the court removes Birch, that will leave incumbent Will Kubofcik running uncontested for the Democratic mayoral primary on June 4. Republican Waeil Dashoka is running uncontested. Birch formerly served six years as a Republican councilman. He switched to the Democratic Party in April, he said. After Birch turned in 31 signatures on April 8, the deadline to file petitions, Leonard Lembo, vice chairman of the borough Democratic organization, filed a challenge with the borough clerk's office. On April 17, while Varcadipone was investigating the challenge, she sent a list of candidates including Birch's name to the county. The next day, she concluded that Birch did not have enough valid signatures. Following state law, she notified Birch and gave him three days to correct the problems. He did not respond, and on April 23, Varcadipone asked the county to remove his name from the ballot, the complaint said. County Clerk Ronni Nochimson said the borough did not tell her that a challenge had been filed. "Normally the municipal clerk would notify us that there's something in question," she said. Under state law, only a judge - not the county clerk - can remove candidates after they are certified, Nochimson said. May 9, 2002 Hawthorne Press PROSPECT PARK GOES TO COURT TO KEEP BIRCH OF THE BALLOT The Borough of Prospect Park is going to court today in an attempt to keep former GOP Councilman Paul (Jay) Birch from running as a Democrat candidate for mayor. The lawsuit has been filed by Borough Attorney Denis Murphy based on the newly-appointed deputy borough clerk's determination that Birch's petition is defective. Birch filed his petition challenging Mayor Will Kubofcik on April 8th, the statutory deadline, with Flo Massaro, former Democratic municipal leader, who was assisting in the clerk's office. The borough clerk resigned on January 15th and on April 8th, the council appointed Barbara Varcadipone to be deputy borough clerk. She started work on April 9th. Among the defects alleged by Varcadipone are that at least six signatures are not valid Democrat voters; that signatures of undeclared voters were obtained prior to party declaration; that signatures were obtained after the affidavit was sworn verifying the signatures and "that some of the signatures were obtained by fraud." Birch's response denies the allegations and points out that a notarized statement was corrected. Although it was originally dated April 6, the notary, Judy Critchley, swore a statement correcting the date to April 7th. Birch's attorney, Jack Carbone contends that Varcadipone certified him as a qualified candidate to the county clerk on April 18. Carbone contends the Varcadipone and other operatives conducted a secret and unauthorized investigation and did not give Birch the opportunity to review or rebut findings. He cites numerous errors in dates made by the borough officials including their interpretation of the filing deadline which is April 8, not April 11. According to Carbone, when a filing official determines that a defect occurs in a petition, he/she must not only give notice but state with specificity what the defects need to be corrected. Post-filing correction of deficiencies on petitions are permitted by law. Also required were a hearing in which the candidate is permitted to respond. Carbone goes on to challenge Varcadipone's authority in this matter as Prospect Park does not have a qualified and appropriate municipal clerk in office "beyond the reach of political interference." According to state statute, a municipal clerk vacancy must be filled with 90 days of departure. County Clerk Ronni Nochimson certified all the candidates in the Prospect Park race on April 18 noting that Varcadipone made no mention at the time of any defective petitions or problems. According to Nochimson, all the ballots for the June 4th Primary have been printed. The matter is scheduled to be heard this afternoon before Assignment Judge Robert J. Passero in Passaic County Superior Court. April 8: Filing deadline April 18: County certification of all petitions April 22-23: Barbara Varcadipone attempts to have Birch's name removed from ballot. May 2: Borough of Prospect Park files show cause order. May 9: Court hearing scheduled. May 10, 2002 Bergen Record CANDIDATE SETTLES DISPUTE OVER PETITIONS by Robert Ratish contribution by Eman Varoqua The borough withdrew its complaint aimed at kicking Democratic mayoral candidate Paul Birch off the primary ballot, saying he has explained the problems with his petition. With Birch on the ballot, Mayor Will Kubofcik faces a primary challenge June 4. The borough had complained that Birch lacked the 25 valid signatures needed to get on the ballot. Of the 31 signatures he turned in, two were obtained by someone other than Birch, and 11 were dated after the petition was notarized, according to the borough. However, Birch argued that the signatures were obtained before the petition was notarized. Former Borough Administrator Judy Critchley, who notarized the document, said she mistakenly dated it April 6 when she really signed it April 7. "Since explanations have now been given, the Deputy Clerk has exercised her discretion to discontinue the action and to permit Mr. Birch's name to remain on the ballot," according to a written statement from Borough Attorneys Stephen Edelstein and Denis Murphy. A hearing scheduled for Thursday afternoon in Superior Court in Paterson was called off after the complaint was withdrawn. "Obviously the borough of Prospect Park and Mayor Will Kubofcik thought it in their best interest to dismiss the frivolous lawsuit so that these facts would not be subject to the crucible of a hearing and exposed to the light of day," Birch said. "The last two weeks have been a nightmare, and now I can go on and focus my time on worthy things." The complaint also said some people claimed they were misled into signing the petition, but the deputy clerk was unable to finish investigating those fraud allegations under the statutory time frame. After the complaint was dismissed, borough Democratic Vice Chairman Leonard Lembo called a news conference with three people who said they signed the petition without knowing it was for Birch. "When I saw the petition, I saw there were some undeclared names. I also noticed there were some familiar names, names of people who have been staunch supporters of the mayor and the Democratic Party," Lembo said. Lembo filed a challenge with Deputy Clerk Barbara Varcadipone, who said some people told her they were did not know what the petition was for. One of those people, Donna Matarrese, said she was approached by Jose Pantoja and asked to sign three petitions. She did, believing they were for Pantoja's school board run. At the time Pantoja was running for the board. He was also circulating petitions for his own council run and for Birch. When Pantoja told Matarrese that one of the petitions was for Birch, she took back the sheet and crossed her name off, Matarrese said. Emma Mendoza and Angel Pagan also said they signed believing the petition was for Pantoja. "I felt that had we gone into court we would have had enough here to take Mr. Birch off the ballot. I don't think he deserves to be in the primary," Lembo said. "We never got our day in court and it's frustrating." Pantoja could not be reached for comment Thursday but Birch defended him, saying nobody was misled. "There is no way that Mr. Pantoja said that they were signing something for the school board," Birch said. Lembo also said he was upset that Birch never spoke to the Democratic Party about his intention to run. Birch, who was a Republican until April, said he switched parties because he identified with the Democratic Party. "I was really disenfranchised by the Republican Party. I felt they weren't paying attention to social issues, I felt turned off by the way Republicans were going after Bill Clinton," he said. May 11, 2002 Bergen Record JUDGE WON'T ALLOW CLOSING OF QUARRY by Jennifer V. Hughes A state judge on Friday denied Prospect Park's request to temporarily close the local quarry, but reiterated to the borough that towns have extensive rights to regulate such a business. The borough had sought a temporary closure of the Tilcon New York quarry, arguing that the company has not had a legal license to operate since January. At the same time, Tilcon had asked state Superior Court Judge Burrell Humphreys to rule on the validity of a new quarry ordinance the town enacted in July. By Friday's court hearing, the company had filed its license renewal application, which will be processed by the borough. Humphreys declined to take any action on the new ordinance, but said that issue will be one of several he will decide later. The judge, who has handled several other quarry cases in the county, said that historically, towns have been granted broad rights in governing quarries. There are other issues that still have to be decided. The borough wants more information about the quarry's plans for reclamation of the property once the quarry operation is concluded, said town attorney Richard Cushing. It also wants the company to post a higher bond that will cover those reclamation costs. Further, the borough wants to thwart the company's bid to operate its asphalt plant 24 hours a day as permitted under state regulations, Cushing said. Tilcon attorney Brian Montag said the company merely wants the ability to do some asphalt work occasionally during evening hours. That ability is integral to the company's operations because it receives many state contracts for road construction for which asphalt is needed during off-hours, he said. Montag also said the company has provided an adequate reclamation plan to the town since 1990. The judge told both sides to try to work out an agreement themselves. If that fails, he said, a trial date will be set for the issues sometime this summer. May 14, 2002 Bergen Record PROSPECT PARK WEIGHING STEPS TO REGULATE QUARRY by Charles Austin Borough officials told residents Monday night that although a judge had denied the borough's request to close the local quarry temporarily, steps to regulate the quarry's operations might be completed by the end of June. The borough now has all the information its engineer needs to review the quarry's activities, said Mayor Will Kubofcik, addressing a meeting of about three dozen residents angry about the dust, truck traffic, and blasting at the Tilcon quarry. Attorney Richard Cushing, the borough's special counsel on its dispute with the quarry, said the quarry had complied with the borough's request for detailed information to renew its license. Superior Court Judge Burrell I. Humphreys did not yet rule on the validity of the borough's new licensing ordinance, but said he would decide that issue later. Meanwhile, Cushing said, the borough's engineer and engineers from the quarry are to meet by May 30, and officials from Prospect Park and Tilcon are to meet the first week in June. Then, Cushing said, the June 24 meeting of the Borough Council could decide either to issue a license, deny a license, or issue a temporary license with "conditions." But the situation described by Kubofcik and the attorney is complicated by many factors, including the possibility of new legislation that would take the power to regulate quarries out of the hands of local officials and give it to the state - legislation Kubofcik opposes. Another factor is the quarry's willingness to take voluntary steps to alleviate complaints of residents. "It doesn't make sense to push for an immediate shutdown [of the quarry]," Cushing said, for that would prompt more countersuits from Tilcon. Cushing urged residents attending the meeting to keep records of such things as cracks in the foundations of their homes and dust in their houses and on their cars. Then, he said, if the quarry continues to resist regulation, "we will be asking you to step forward and testify." Kubofcik said the borough would also press for changes in the blasting regulations, which are under state control. The current regulations, he said, date from rules developed in Pennsylvania in the 1940s and are not appropriate for a quarry so close to residential areas. May 16, 2002 Hawthorne Press FASO SUING BOROUGH FOR BACK PAY The Borough of Prospect Park and Mayor Kubofcik are facing another lawsuit. Former Police Chief George Faso is suing for more than $100,000 in unused sick leave, vacation days and salary and benefits owed to him. Faso, left last June after 11 years as head of the Prospect Park Police Department. As of the effective date of his retirement (September 1), the chief contends that he had accumulated 180 sick days, 162 vacation days, 51 personal days and 13 holidays. The suit charges that "the borough and Kubofcik have improperly and without basis, failed and refused to recognize Chief Faso's entitlement to compensation" for these unused days. Kubofcik's line item veto of Faso's salary and longevity was motivated "by a personal animosity held by Defendant Kubofcik towards Chief Faso and is based solely on political harassment, malice and recklessness on the part of the Defendant Kubofcik," states Faso's complaint. May 23, 2002 Hawthorne Press pg. 14 Few Questions About Municipal Budget At Prospect Park Hearing With no increase in taxes for the 2002 municipal budget, there was minimal discussion about the fiscal plan at the May 13th public hearing. Borough resident Helen Donohue had specific questions about several line accounts including one on pensions which are budgeted at $910 compared ro $25,000 last year. Municipal Auditor Jim Cerullo said the pension fund had been overvalued so only minimal funding was required this year. "Next year we'll probably have to charge that account," he said. Jack Witham questioned how residents could comment about the budget when they weren't even familiar with it. The budget was introduced at a special meeting on March 25th."We only have to advertise a summary," said Cerullo about the legal notice in the newspaper. "Whoever wants a copy of the budget can get it free from the clerk." Witham suggested the budget be put on the website and that the council make a concerted effort to inform the public about it. "I feel slighted," said Witham also complaining that he had not been notified about a town meeting on the quarry held earlier that day. "I'm here every month and I didn't know about the budget." After approving an amendment, the 2002 budget was adopted 4-0. The tax levy totals $2,016,784 May 23, 2002 Hawthorne Press pg. 14 Walsh Pool again open to Prospect Park residents Prospect Park residents are eligible to apply for 2002 membership at the Walsh Pool in Fair Lawn. "Any Prospect Park resident can use the facility located at Harristown Road near Maple Avenue," said Mayor Will Kubofcik," in accordance with the fee schedule. Some say it is too expensive but I say it's better than nothing. It's a user fee. Those who want to use it have to pay. Those who don't use it, won't pay." May 23, 2002 Hawthorne Press pg. 14 Auxiliary Police Seeks Members William Mullanaphy, a deputy director of the Office of Emergency Management, said the Auxiliary Police have applications for prospective members. Anyone interested in joining the group should contact him or OEM Director Eddie Vander Ploeg. "We have emergency vehicles and communication equipment on order," Mullanaphy told the Borough Council, "so we will be able to communicate with all emergency services." May 30, 2002 Hawthorne Press pg. 14 BIRCH CHALLENGES KUBOFCIK IN TUESDAY'S PRIMARY In next Tuesday's Democratic Primary, Mayor Will Kubofcik faces a challenge from his party's top spot from former Councilman Paul (Jay) Birch. Kubofcik says the race pits a lifelong Democrat against a 45-day Democrat. Birch, a former Republican, changed parties to run against the mayor. I've always voted my conscience," says Birch who says he "is challenging the mayor's leadership, his fiscal responsibility and his vision for the community." Both men say they're running on their records. Kubofcik points to increased service in garbage and recycling, a 2002 municipal budget with no tax increase and cost efficiencies in a joint fuel agreement with Haledon, better telephone and bank rates, change of a prescription drug coverage and the elimination of a full-time position in the court office. Birch points to the waste of tax dollars for the special police counsel and in litigation against the quarry and former Police Chief George Faso. "My public service speaks for itself," says Birch, who runs the Toys For Tots campaign and actively campaigned for the school expansion while he was a councilman. "I did the Community Calendar for four years and you didn't see my picture on every other page like this year's," says Birch. Kubofcik points to $2 million in grants that the borough has received for downtown beautification and improvements to the park. "We're applying for another million in grants for the park," said the mayor. "Where are the results," questions Birch, who says there are more vacant stores on North 8th Street. "What has been improved in the business district." He points to the condition of Hofstra Park. "The park is not maintained," says the challenger. "They don't fix it up for the kids but they can build a pistol range there." On the issue of recreation, Kubofcik says there's been an increase in programming with the addition of junior soccer, karate and Super Saturday, free movies for the kids. Birch disagrees pointing to the loss of the girls softball program and the drop-in program on Friday nights at the gym. "There used to be 500 to 600 kids in the gym on Friday nights," he says. The two differ in their approach to Tilcon Quarry, the borough's largest taxpayer. Earlier this month, the borough lost its lawsuit seeking to have the quarry cease operations until it complies with relicensing regulations. Kubofcik says he's trying to make the quarry more accountable. He points to a new quarry ordinance which regulates its operations. "We're at a crossroads now. Tilcon is ready to sit down and settle," says the mayor. "We should have sat down with the quarry from the beginning," says Birch, noting that prior administrators have always cultivated a good working relationship with the quarry without going to court. June 05, 2002 Bergen Record MAYORS TURN ASIDE CHALLENGERS by Charles Austin Will Kubofcik's bid to repeat as the Democratic candidate for mayor succeeded Tuesday as the incumbent defeated party challenger Paul "Jay" Birch, 483-102. The contest brought a heavy turnout of the faithful: Of 990 registered Democrats, 585 voted in the primary. Birch, a former Republican councilman, had switched parties to run against a mayor seeking his second term. He considered a bid as a write-in candidate in November if the primary vote were close. But after the count was announced, he said "I'm out of this race." Kubofcik's Republican opponent will be Waeil Dashoka, a former councilman, who was unopposed in his party's primary. "I'm looking forward to the fall election," said Kubofcik, who seemed confident of his victory during the day as he walked the streets with supporters handing out leaflets. His campaign theme was "Faith, Family, and Future." "I am a person of very strong faith," he says, "and without God we have nothing." He says he sees the community as a "family" that should be focused on making a better future. His energetic style has brought Kubofcik into conflict with municipal employees. He has tangled with the Police Department and the former police chief, who is now suing the borough, asking for more than $100,000 in unused vacation and sick days. The mayor also had the Police Department investigated by the state to see if it was practicing racial profiling of motorists. The state found no conclusive evidence that the Police Department was doing so. The 36-year-old real estate broker fills his office with pictures of himself and other political celebrities. In public appearances, he says he speaks to "the real people" and "the real taxpayers." He has a style that elicits applause from audiences. He said his campaign was mostly "personal, that is, knocking on doors and wearing holes in my shoes going around talking to people." Birch accused the mayor of "whipping up spin" on issues like the local quarry, and contended the borough should have done more to talk with quarry officials about noise, truck traffic, and dust. Birch also accused Kubofcik of being a "self-perpetuating political machine" constantly seeking the limelight. Two seats on the Borough Council also will be up for grabs in November. The Republican candidates are Thomas F.X. Magura of North Eighth Street and Belkis M. Drexler of East Main Street. The Democrats are incumbents Thomas M. Jefferson of Haledon Avenue and Pasquale "Pat" Tirri of North 17th Street. June 23, 2002 Bergen Record QUARRY, TOWN HOPE TO HAMMER OUT DEAL by Charles Austin With multimillion-dollar issues still on the table, Prospect Park will consider this week whether to renew an operating license to the quarry operated by Tilcon of New York and New Jersey. Borough Administrator Barbara Varcadipone said Friday that although a date has not been set, she expects the hearing to be held within seven days. Among other aspects, officials will consider whether to grant either a full-length annual license or a temporary one to the quarry, which encompasses about one-quarter of the borough. A series of meetings between borough officials and representatives of the quarry have resolved some issues, said Mayor Will Kubofcik. But the borough is seeking a performance bond of several million dollars to ensure the quarry follows through with further controls on dust, noise, and community disruption resulting from its operations. The borough strongly opposes the quarry's plan to continue operating its asphalt plant 24 hours a day. The town also has asked for a detailed reclamation plan for the site, should the quarry ever cease operations. The quarry has challenged the town's newly revised and stricter licensing ordinance, but Superior Court Judge Burrill I. Humphreys ordered the parties to seek a negotiated compromise by August. Bob Maragni, a spokesman for Tilcon, would not comment on the details of the negotiations, but said, "We are glad for the chance to sit down and talk about these issues." The quarry has complied with the town's new ordinance, which required the submission of hundreds of pages of information about quarry operations and their impact on the environment. "At some point," Maragni said, "we'll see whether the information we have provided is adequate and take it from there." Richard Cushing, the town's attorney for dealing with Tilcon, called recent meetings "very productive" but agreed that major concerns such as blasting and dust, as well as the amount of the performance bond, were still problematic. Kubofcik said the town won "major victories" in the discussions with the quarry. Tilcon has agreed to pay for a blasting consultant of the borough's choice, although the quarry's own consultants have already been on the site, he said. The parties agree that trucks may be admitted to the quarry before the 7 a.m. opening, the mayor said, but they may not stand on the street with their engines running. And Kubofcik says the town wants "every truck washed and hosed down before it leaves the quarry to minimize dust on streets and houses." Tilcon also will improve the fencing around the quarry in places where it faces residential property, Kubofcik said. The quarry is also willing to formalize its agreement to provide some maintenance for the town's Hofstra Park, the mayor said. "They've done it before," Kubofcik said, "but we've never had it in writing." The mayor thinks the quarry's performance bond should be at least $3 million and would prefer a bond of $15 million. Presently the bond - to cover costs the borough might incur if infractions occur - is $25,000, an amount the mayor calls "insulting." He said the town is also prepared to continue its fight against state legislation that would grant the state the right to regulate quarries, in effect overriding current local controls. Along with representatives of other towns with quarries, the mayor said he has made five trips to Trenton to oppose the bill. The proposal was defeated last year, but Kubofcik said, "I'm sure it will come up again." Tilcon is also challenging its tax assessment, an action that infuriates borough officials. Once valued at $5.5 million, the company now claims the property is only worth $500,000. Kubofcik contends that while the owner of a 25-by-100-foot residential lot in town pays about $775 in property taxes, the quarry only pays about $104 for the same area of land. Tilcon pays about $170,000 in taxes annually but if the property is reassessed as quarry executives seek, the business would pay about $17,000, Kubofcik said. Cushing, the town's attorney, said he believes "both sides have acted in good faith, and that progress has been made." If some issues remained unsettled, he said that granting a temporary license for the quarry might be "a likely scenario." The licensing hearing, which will include comments from the public, may be heated because people living nearest the quarry say their lives are disrupted and their homes damaged by the noise of the trucks and blasting. According to Standard & Poor's Register of Corporations, Tilcon of New Jersey is a privately held company with 475 employees and sales of $5.4 million. Standard & Poor's says a sister company - Tilcon of New York - has annual sales of about $50 million. July 11, 2002 Hawthorne Press Prospect Park Considers Ban On Overnight Parking By Non-residents An ordinance to ban non-resident parking overnight on Prospect Park streets is under discussion. At a town meeting attended by about 25 residents Tuesday night, Councilman Mohamed Khairullah outlined the proposal that may lead to the introduction of an ordinance on Monday night. "From first hand experience on Prescott Avenue, I've seen that there's no room to park on certain nights," said Khairullah. "The same problem exists on North 7th Street. We get people from Paterson who park here because our town is safer. The problem is this is affecting our quality of life." The proposal calls for the issuance of vehicle stickers to each borough resident. According to Khairullah, there will be no cost for the stickers. Residents will have to apply through the borough clerk. The applications will be checked by the housing official to ensure that the residency is legal. Then the stickers will be issued by the police department. For overnight visitors, residents will be able to obtain three-day temporary permits, renewable up to 10 times. For residents who rent or borrow a vehicle, temporary stickers will be provided. Stickers, expected to be of reflective material, will be good for two years. The overnight parking legislation will be in effect from 11pm to 6am. Police will patrol the town and issue warnings the first time a vehicle is observed without a sticker. Violators will be subject to fines of $30 on the first offense; $40 on the second offense and $50 on third and subsequent offenses. If the ordinance is introduced this month and adopted in August, Khairullah said the legislation should go into effect next January or February. One resident said a landlord on his street rents attic space to college students from William Paterson University. "They bring 10 cars there. Then they leave booze all over the street," he said. Housing Enforcement Official Dave Heerema reminded residents of an anonymous tipline to report illegal housing. "Call 973-790-5826," said Heerema holding up a poster that is displayed prominently throughout town. "We keep it anonymous. Then I go out and check." Heerema said state code determines the number of people who can live in a residence based on its square footage. "Dave takes care of these problems. He goes the whole nine yards," said Police Captain Frank Franco. "When he gets a tip, on illegal housing, he goes to the judge for a search warrant and then he follows through." Some residents questioned the viability of creating legislation based on such a small sampling of the town. Khairullah said he had distributed flyers to residences along the Hawthorne border; on Hopper Street, Haledon Avenue and North 7th Street at the Paterson border. "This is a very small turnout," said one woman. "A lot of people are not aware of this meeting." She suggested creating restricted parking areas to target out-of-towners instead of inconveniencing the entire town. "We have problems on Struyk Avenue and Prescott Avenue," said Khairullah, "If we ban parking on those streets, the out-of-town cars will move to Planten Avenue and other streets. "When we've had complaints, we've run the plates on some of the cars," said Mayor Will Kubofcik. "Some of the vehicles are from residents who live on Belle Avenue in Paterson." Patricia Sims, who lives on Hopper Street, said she can never find a place to park near her home when she returns from her second shift job. "I think this will be a way to weed out illegal residents," she said. As for alleviating the parking situation, she said, "it can't hurt." Another man complained about residents who have driveways they don't use. "A lot of people have garages that are full of stuff," agreed Heerema. "I'd like to see people with garages and driveways use them. Maybe we could encourage them to get their vehicles off the streets." Khairullah acknowledged that the parking ban may get some 20 - 30 non-residents off local streets overnight. "On every block, there are two or three cars that create the problem," said the councilman. While he acknowledged the implementation of the ordinance may require further study, he felt the ordinance "will solve part of the problem." Former Councilman Waeil Dashoka, the Republican candidate for mayor, said it was a positive step that the town is responding to residents' concerns. "I'd like to see more of a town involved before this townwide ordinance is implemented," he said. "This is not a majority voice represented here. Everyone in the town should have been notified." He also had concerns about the enforcement of this measure. Khairullah said anyone who wants to comment about the proposed ordinance should call his voice mailbox at 973-790-7902. Kubofcik said the borough was trying to save the cost of a townwide mailing. "We definitely need a quarterly newsletter," he stated. Once the ordinance is introduced, residents will have an opportunity to comment at the public hearing before the legislation is adopted, said the mayor. According to Khairullah, a similar ordinance is in effect in Lodi. Franco said Totowa banned non-resident parking in a section near a night spot but later abandoned the legislation. |
August 15, 2002 Hawthorne Press Prospect Park's Resident Parking Ordinance Put Off Again Prospect Park's proposed resident parking ordinance was due to be introduced at Monday's council meeting but for the second month in a row, the measure was pulled off the agenda. "Something came up with the attorneys," said Councilman Mohamed Khairullah, "We have to wait." As drafted, the measure will allow residents to obtain stickers identifying their vehicles. From 11pm to 7am, no out-of-town vehicles will be permitted to park on any borough streets. Officials say the legislation is in response to residents' concerns about the unavailability of parking spaces in this densely-populated community. Concerns about the effect the ordinance will have on Prescott Avenue, which divides Hawthorne and Prospect Park, came up at last week's meeting of the Hawthorne Council. "I've had a call from a resident on Prescott Avenue," said Councilman Joe Metzler, who represents the first ward. "They're concerned that they won't be able to park on the Prospect Park side once their ordinance is adopted." "Maybe we should send a letter to Prospect Park. There is one day a week that residents can't park on the Prospect Park side for street sweeping," said Councilman Rich Goldberg. "We should express our concern." "We have the same problem on Passaic Avenue," said Councilman Hank Van Ry, "when people from Fair Lawn come over here and park." Borough Attorney Michael Pasquale was asked to look into the matter and report back to the council on the proposed legislation. "It becomes a problem when other people pass their problem onto someone else," said Pasquale. Family's Dog Overcome By Smoke At North 13th Street Fire The Vega residence at 120 North 13th Street was severely damaged when fire broke out in the basement Thursday morning. The family dog suffered smoke inhalation and had to be revived at the scene. The pet was turned over to Paterson Animal Control according to Fire Chief Jeff VanderMolen. "I can't believe it's alive," he stated. The blaze started in the basement on a chair which had been positioned beneath the gas meter and quickly spread to a sofa and bedding in the basement. Second floor tenant Benjamin Vega heard the smoke detectors sounding, went downstairs and saw smoke emanating from the basement. His mother, Reina Vega, owner of the home, lives on the first floor. Vega's father, Luis, is a Paterson firefighter who came to the scene. Assistant Chief Doug Struyk was the incident commander at the scene and put in a mutual aid call for Paterson, Haledon and Hawthorne. Paterson firefighters assisted at the scene while Haledon and Hawthorne's departments manned Prospect Park's two firehouses. The fire was confined to the basement which sustained heavy fire damage. There was smoke and heat damage on the first floor and minor smoke damage on the second floor. Public Service Electric and Gas Company was called to the scene to turn off the gas. Since all the utilities have been shutoff, the residents have been temporarily displaced. On August 2nd during a tumultuous thunderstorm, lightning struck a house at 11 Brown Avenue. A chimney was damaged and a fire ignited in the attic. The house is owned by Ezequiel Pena. "The first floor resident is Greg Graham; second floor, Yolanda Green. Fire officials said the house sustained smoke and fire damage in the attic and some of the chimney bricks were loosened. Hawthorne and Haledon again responded to a mutual aid call. August 18, 2002 Bergen Record PROSPECT PARK LOADS UP QUARRY LICENSE WITH CONDITIONS By Charles Austin Prospect Park has granted Tilcon Industries a temporary license for the quarry it operates, but the Borough Council added more than a dozen conditions to be met if the license is to be extended beyond 30 days. The action came early Friday morning after a five-hour hearing in which the borough's engineer, Stanley G. Puszcz, said he still found deficiencies in the quarry's operations. Puszcz said the quarry needs to have a more comprehensive dust control plan, keep rocks and other debris from falling off trucks, and repair fencing around the quarry. The town also wants the quarry to make sure the exposed cliffs are stable and that the town's water table is not affected by the quarrying. The quarry has also agreed to pay more than $30,000 for the town to hire a consultant to study the impact of blasting on nearby residents. Tensions between the town and the quarry have increased since the town approved a new licensing ordinance more than a year ago. The quarry challenged the ordinance in court, but a judge said the town had a right to regulate the quarry and ordered the parties to work out their differences. About 150 people attended the Thursday night meeting, many of them waiting hours for a chance to speak. Residents complained that blasting causes cracks in the foundations of their houses, and that dust from the quarry and its trucks clogs air conditioners, coats cars, fouls swimming pools, and causes respiratory illnesses. Tilcon also agreed to increase its performance bond from $25,000 to $1.6 million at the Thursday hearing, but town officials say the cost of reclaiming the land, should Tilcon leave, is much higher. Brian Montag, an attorney for Tilcon who led the quarry's presentation, said "We are going to continue operations and work with the town to be a good citizen as we were before." Tilcon Vice President George Thompson, also at the hearing, said the meeting dealt with "some significant issues that we as a company do not take lightly." The quarry already has agreed to move the scale that weighs the trucks to a different location and add rumble strips to the quarry's road so that rocks caught in the tires of the trucks are shaken out before the trucks reach the borough streets. However, Mayor Will Kubofcik said the borough is insisting that the trucks be washed down before leaving the quarry. Moving the scale is only a "temporary fix," the major said. Another unsettled issue is the matter of reclaiming the land after the quarrying ends. Reclamation disputes have caused testy exchanges between Kubofcik and quarry officials. Kubofcik cut off a Thursday night presentation by Kevin Page, a reclamation engineer for the quarry, because Page was giving an example of a reclamation plan in Bernardsville rather than dealing with Prospect Park. Page said a specific plan would be premature because quarrying in Prospect Park is expected to go on for the next seven or eight years. Kubofcik says he doubts the quarry will be in operation that long. August 28, 2002 Bergen Record JUDGE BLOCKS MANCHESTER BALLOT PRINTING By Charles Austin A Superior Court judge issued an injunction Tuesday forbidding the printing of ballots for the Sept. 24 referendum on North Haledon withdrawing from Manchester Regional High School until the language of the proposal and interpretive statement is changed. The ruling in Paterson by Judge Robert Passero came after the North Haledon Board of Education and the borough said the current language - drafted last week by the Manchester Regional school board - is partisan and misleading. The issue likely will be settled by Thursday, when either the state's Department of Education or the court itself will determine the language. Even so, the delay in the printing of ballots may place strains on absentee voters, who will not have much time to receive a ballot and cast a vote. The wording of the proposal, said Vito Gagliardi, attorney for North Haledon and the s chool board, contains language that Passaic County Superintendent of Schools Maria Nuccetelli had already found objectionable. The county superintendent had advised the regional board of her concerns in a letter sent Aug. 20, according to papers submitted in court Tuesday, but the regional board ignored her requests. The referendum language submitted by Manchester Regional speaks of North Haledon withdrawing from the district "over a three-year period." Actually, Gagliardi said, the withdrawal would be on a date set by the state commissioner of education, although North Haledon students would be phased out of Manchester over three years. The current wording of the referendum's interpretive statement contains two sentences opposed by the county superintendent. One refers to the fact that the proposal must pass by a "majority vote of the total voters in all three municipalities," referring to Prospect Park and Haledon, the other two boroughs that are part of the district. Nuccetelli contends that this wording is unnecessary. And the interpretive statement currently says that "withdrawal will have an impact on: (1) the amount of taxes the three municipalities pay for their students to receive a high school education, (2) the manner in which educational services are delivered to high school students, and (3) the composition of the student population at Manchester Regional High School." The papers filed in court say Nuccetelli had asked for that sentence to be removed because it "articulates partisan views of the impact of the withdrawal," but the Manchester Regional board left the sentence in the language it approved. Another hearing on the matter is scheduled for 2 p.m. today before Judge Margaret Mary McVeigh. August 29, 2002 Hawthorne Press PROSPECT PARK POLICE OFFICER ADMITS GUILT IN PLEA DEAL In a plea agreement last week, former Prospect Park Police Officer Richard Haman pled guilty to official misconduct and criminal sexual contact, lesser charges that carry a maximum of five years probation. Haman admitted that he had sex with a 16-year-old girl while on duty (official misconduct) and that he fondled an 18-year-old North Haledon female (criminal sexual contact). In January, following charges by the 18-year-old that she had been raped by the officer, the county prosecutor's investigation uncovered the relationship with the 16-year-old. The 32-year-old policeman was charged with one count of sexual assault and two counts of official misconduct. These second degree crimes carry maximum penalties of 10 years in jail. As part of his plea agreement, Haman must resign from the police force and has a lifetime ban on seeking employment in the public sector. The Prospect Park Council suspended Haman without pay in January and Mayor Will Kubofcik said, "It's a disgrace to law enforcement and public officials that he's only getting probation. He should serve jail time." The officer is scheduled to be sentenced in December. Chief Assistant Prosecutor Joe Del Russo said "There are legal and factual subtleties in cases like this that make it very difficult to prosecute. We're satisfied with the plea agreement. So are the victims and their families." Haman worked in Prospect Park for seven years and was assigned to the detective bureau. He is the former president of PBA Local 200 and helped with the Junior Police Academy. The sexual assault charges stem from accusations by the 18-year-old, the sister of his girlfriend's friend, that he had grabbed her buttocks. The victim had reported to police that Haman raped her. This charge was downgraded in a compromise reached with the victim and her family. Other charges refer to a relationship Haman admitted he had with a 16-year-old former Prospect Park girl, whom he met while investigating a robbery at her home. The sexual encounters lasted two years from 1996 to 1998 and took place in the patrol car or in Hofstra Park after hours. August 29, 2002 Bergen Record REVISED QUARRY LAW DEBATED IN COURT By Charles Austin Prospect Park officials Wednesday continued to defend the borough's ordinance regulating the Tilcon quarry as company lawyers seek to have the local law declared invalid. The borough engineer argued in Superior Court in Paterson that the ordinance adopted in 2001 "rectified ambiguities" in an earlier licensing ordinance. However, lawyers for Tilcon of New York and New Jersey continue to argue that what they contend is vague wording and inappropriate regulation should invalidate the entire ordinance. Stanley G. Puszcz, the borough engineer, also argued that Tilcon had persistently refused to submit a complete application for a quarry license despite repeated meetings between Tilcon and the town. No decisions were made following the Wednesday session of the trial. The next sessions will be in mid-September and should continue for several months, said Richard Cushing, lawyer for Prospect Park. The quarry is operating with a temporary license. granted by the borough. In wide-ranging testimony, much of which was challenged by Kathy Dutton Helmer, lawyer for Tilcon, Puszcz defended such phrases as "best available practices" and "best available technology," which Tilcon contends are vague. Tilcon also contends that the asphalt plant it operates within the quarry does not fall under the town's regulation because it is part of a recycling license that the quarry has with the state. The town contends the asphalt plant is not a part of recycling operations, though it uses recycled materials. The town and the quarry are also disputing what should be done about ground water at the site, as the town's regulations require the quarry to monitor the level of ground water and prohibit quarrying below that level. Prospect Park Mayor William Kubofcik took the stand Wednesday to explain the complaints he had received from residents about blasting, dust, truck traffic, and other noise. In cross-examination, Helmer suggested that Kubofcik had made the quarry a target as part of his mayoral campaign and that the ordinance was passed as retaliation for Tilcon's challenge of the taxes levied by the town. She also asked if the mayor remembered telling a town meeting on the quarry that he didn't care what it would cost Tilcon to comply with the new ordinance. Kubofcik said he did not recall making such a statement. September 5, 2002 Bergen Record 'SOPRANOS' CREATOR SUIT IS NONSENSE By Charles Austin Did Prospect Park Municipal Judge Robert Baer have anything to do with making "The Sopranos" sing? Was the award-winning HBO series about a New Jersey mobster and his family the result of information and contacts that Baer provided to producer David Chase? Chase said Baer's claims that he was instrumental in developing the series and that he had an "oral agreement" to be compensated for his contribution are fabrications that are "grossly distorted, petulant, and self-aggrandizing." But in papers filed in response to Baer's federal lawsuit seeking compensation, Chase acknowledged that he met with Baer in California and in New Jersey, where Baer introduced him to people familiar with organized crime and showed him mob-related sites. Baer is a former prosecutor in Hudson and Essex counties, a position that the judge says gave him insights into organized crime. But Baer's involvement, Chase said in the papers, was only in "tangential events" and was "inconsequential" to the television show. Chase characterized the judge's contentions as "egocentric fantasies" and "unmitigated nonsense." Chase could not be reached for comment Wednesday. Despite those harsh words, Harley Breite, lawyer for Baer, said the admissions in Chase's court papers - that he spent days with Baer and his associates - prove that the judge is entitled to compensation. In fact, said Breite, "Mr. Chase finally admits that he did, in fact, offer compensation to my client." In a statement issued Wednesday, Breite said he wants the case to go before a jury where he will present a "multitude of honest and credible witnesses" to prove his case. Court papers filed by the producer say that Chase grew up in Clifton and North Caldwell, the location of the house used for exterior shots of Tony Soprano's home, and that as a child he was "keenly aware of a mob presence in New Jersey" and that he has documents proving that he wrote television scripts about gangsters years before he met Baer. When Baer filed his lawsuit in May against the television producer and his company, Chase said he "barely knew" him. In papers filed this week, he describes a 1995 lunch in Santa Monica, Calif., arranged by a mutual friend, at which he obtained Baer's phone number and talked about crime in New Jersey. He admits to several phone calls to Baer, meeting the judge on trips to New Jersey, traveling to various places with him, including sites in and around Elizabeth, which are locations featured in the television series. Chase says Baer introduced him to other people familiar with mob activities but contends that Baer himself has "little or no knowledge" about organized crime. The issue of payment was discussed, Chase admits, but contends that Baer was offering his services gratuitously and that there was no oral agreementpromising future payment. According to Chase, Baer was interested in gaining experience "for developing his would-be career as a writer in the entertainment industry." Baer said that Chase sent him a script for an episode of "The Sopranos," and the producer admits doing so, but says that it was done "as a courtesy." Baer's response to the script, Chase says, was unsolicited and had no influence on the final script. He said he never asked Baer to offer advice on the episode September 18, 2002 Bergen Record SCHOOL DISTRICT KNOWS SECRET OF COMMUNITY SUPPORT By Charles Austin In the fall of 1999, Prospect Park voters approved a bond issue to
improve and add That school year, 1999-2000, New Jersey topped all states and the
District of Columbia Prospect Park's bond issue was for $8.9 million, almost double the
district's annual school This month the additions were to open. In August, however, school
officials determined The next day - that gloriously sunny and windy Sept. 11 - a mere
10 students showed They were met by staffers and escorted home, where it was explained
why the start of There were questions concerning the state of construction and how
he would schedule An against-the-odds approval for more spending, and an almost inconceivably
serene "We're fortunate," Barriale said with a little understatement Tuesday
while taking a break Prospect Park is a postage-stamp-sized borough of 5,779 residents
abutting Paterson. Why does Prospect Park, with its varied and generally low-income
residents, generate "One thing we've done over the years," answered Barriale, "is not
shove anything down Another thing that school officials did to sway many voters to their
side was to craft the "We don't have a library in Prospect Park," Barriale added. "That
has always been a concern "You know, we have about a 35 percent transient rate in our schools.
That's difficult - we "We told them that when we talked about the addition. The addition
would not only be for That message - that the school was for everyone - was a key factor,
Barriale believes, in "We're fortunate," Barriale reiterated. "Our parents and community are cooperative." That's true because Prospect Park's school officials have worked hard to earn that cooperation. September 19, 2002 Bergen Record EXTENDED SUMMER VACATION IS OVER By Charles Austin Patricia Fisher held the hand of her son, Dvonte, whose wide eyes
scanned the crowd It was Dvonte's first day at kindergarten, and his excitement had
been building since A workman was caulking windows Wednesday morning and carpenters were
installing The renovation added eight classrooms, rooms for science, art, music
and technology, Some parents worried about the delayed opening. Rosa Nunez, who led
her son to his Other parents had to scramble to find child care for an additional
week, but few Additional classroom space was needed because enrollment has grown
dramatically in Karen Wighard, whose two older sons have graduated from the school,
accompanied "They're making it really beautiful," she said. Some of the changes are dramatic. The massive wooden staircase that
was just inside "I went here, my children went here, and now my grandchildren are
here," said Bolton, The young scholars streaming into the school Wednesday morning did
not know that the tall, Heerema showed a visitor how fireproof doors between the old and
new parts of the The renovations were financed partly through a $5.6 million grant
from the New Jersey September 25, 2002 Bergen Record NORTH HALEDON EXITS REGIONAL DISTRICT North Haledon won the right Tuesday to withdraw its students
from Manchester Regional Of the 7,483 ballots cast in the three towns, 4,516 were in favor
of the withdrawal Nearly 75 percent of the registered voters in North Haledon turned
out to cast votes The vote in North Haledon was 4,062 in favor and 118 opposed. Some 1,304 Prospect Park voters - about 40 percent of those registered
- In Haledon, 1,526 voters cast ballots, with 1,462 voting against
the withdrawal, Absentee ballots in all three towns contributed 333 votes for separation and 140 against. North Haledon officials most objected to their community carrying
most of the tax load When the regional district was established, the funding formula determined
capital and The state changed that formula in the early 1970s, requiring North
Haledon to pay a A 1995 vote on equalizing the costs was defeated. North Haledon then
sued to have the The next step in the divorce will be determined by the state commissioner
of education, But opponents of the withdrawal argued that the savings in tuition
would be eroded by The withdrawal debate spawned lawsuits over whether there could be
a referendum and Officials in Prospect Park and Haledon predict a rise in their property
taxes - perhaps as When the polls opened at noon in Prospect Park, about 25 people were
lined up outside One of the first voters in Prospect Park was Majed Abaza, for whom
the threat of "My taxes are already high," Abaza said, "and I can't pay any more
than that." Another early voter there said she thought there was truth
to the allegation that some September 26, 2002 Bergen Record MANCHESTER MUST ADJUST TO LOSS By Charles Austin Following Tuesday's referendum allowing North Haledon to pull out of Manchester Regional High School, Midland Park High School will get a cash infusion for its expansion efforts while Manchester officials ponder a murky financial future. The state commissioner of education still must approve the details, such as a timeline for withdrawal. Voters in North Haledon, Prospect Park, and Haledon voted 4,516 to 2,967 in favor of allowing North Haledon to withdraw from the regional district the three towns formed prior to the school opening in Haledon in 1960. North Haledon sought the withdrawal because the state-mandated funding formula uses a town's tax ratables to determine costs, meaning that the borough paid more than three times as much as the other two towns to send its high schoolers to Manchester. Midland Park, where North Haledon intends to send its students, was already planning to expand. It wants to add at least five new classrooms and renovate some other facilities, and partially fund that work with tuition from North Haledon, said August DePreker, Midland Park superintendent of schools. North Haledon will pay $8,250 per student. A March referendum on an $8 million construction bond issue is planned, DePreker said. Some the cost of that construction will probably be offset with state aid. A preliminary plan calls for freshmen to usher in the change and begin attending Midland Park next year. Upperclassmen would finish at Manchester. No major program changes are planned for next year in Midland Park, which has about 500 students in Grades 7 through 12, but the superintendent said officials will begin looking at ways to "blend the curriculums of the two schools" so that students coming to Midland Park can make an easy transition. Events aimed at acquainting North Haledon parents and students with Midland Park will probably be held in the spring, DePreker said. He said that under the sending agreement, North Haledon is entitled to have one representative on the Midland Park school board. North Haledon now has three representatives on the Manchester board, but Anthony DeNova, a North Haledon councilman who strongly supported the withdrawal said, "If we have one representative in Midland Park looking out for our interests, that's better than three in Manchester who aren't properly representing the town." Manchester, where about 150 of about 700 students are from North Haledon, must find ways to cope with the eventual loss of the $2.5 million that North Haledon pays for its students. "The budget is a problem for us and we don't know exactly what the commissioner's position will be about their [North Haledon's] financial obligations to us," said Manchester Superintendent Ray Kwak. He said the school intends to start planning its budget in the next two weeks. As for increased state aid, which some said would help Manchester make up for the loss of North Haledon income, Kwak remains skeptical. "Nothing is for certain in this world," he said, "and if you look at the state's history, there have not been any increases in aid. Districts struggle to maintain the current level of funding." Kwak doesn't anticipate any layoffs of teachers, but suggested that the reduced enrollment might mean that teachers would handle five class periods a day rather than six, as they do presently. This would free a teacher's time for preparation of lesson plans or supervision of extra-curricular activities, he said. Teachers in most school districts are not assigned to handle six periods a day, Kwak said. The president of Manchester's school board, John Vandermolen, was also unsure of the precise impact that the pullout would have on the high school, but said, "We'll have to look at everything, programs, athletics, the teaching staff." Saying that the education commissioner has to be involved in the transition, Vandermolen said, "The commissioner is the wild card here, and he can have quite a bit of influence, and we don't know exactly what he will want to do." Rich Vespucci, a spokesman for Education Commissioner William L. Libera, said it is not possible to predict what date Libera would set for North Haledon's final withdrawal. Such dates are sometimes set to coincide with the end of a school year, he said, but indicated that the state had not yet considered the Manchester situation. The makeup of the student population at Manchester will change almost immediately upon North Haledon's withdrawal. The school is more than 50 percent white, about 35 percent Hispanic, and slightly less than 10 percent African-American, according to a report from the Passaic County superintendent of schools. As North Haledon students withdraw, the white population of the school will decrease by 9 percent and the percentages of African-American, Hispanic, and Asian students will rise, the report said. Outside Manchester on Wednesday, student opinion on the withdrawal varied. Some did not know the vote had taken place. Eric Mendez, a junior from Prospect Park, knew what had happened and worried about "losing some of our good teachers." Edgardo Ramos, a sophomore, expressed concern about possible cutbacks in athletics. Apparently the issue had not been discussed much in school, though when it did come up, "most don't agree that they [North Haledon] should leave," said Mudar Khantamr, a junior from Prospect Park. For Carol Laube, president of Manchester's Parent-Teacher-Student Association, and one of the few North Haledon residents to oppose the pullout, Tuesday's balloting means an end to a long and frequently bitter battle. "Now we need to concentrate on educating the children who are still at Manchester, and to move on," she said, adding that she was tired of the "political" struggles and money spent in court challenging the referendum. September 26, 2002 Bergen Record MAKEOVER AT MIDLAND PARK HIGH SCHOOL By Charles Austin Following Tuesday's vote to allow North Haledon to pull out of Manchester Regional High School, Midland Park High School will get a cash infusion for its expansion efforts while Manchester officials ponder a murky financial future. The state commissioner of education still must approve the details, such as a timeline for withdrawal. Voters in North Haledon, Prospect Park, and Haledon voted 4,516 to 2,967 in favor of allowing North Haledon to withdraw from the regional district the three towns formed before the school opened in Haledon in 1960. North Haledon sought the withdrawal because the state-mandated funding formula uses a town's tax ratables to determine costs, meaning that the borough paid more than three times as much as the other towns to send its high schoolers to Manchester. Midland Park, where North Haledon intends to send its students, was already planning to expand. It wants to add at least five classrooms and renovate some other facilities, and partially fund that work with tuition from North Haledon, said August DePreker, Midland Park superintendent of schools. North Haledon will pay $8,250 per student. A March referendum on an $8 million construction bond issue is planned, DePreker said. Some the cost of that construction will probably be offset with state aid, he said. A preliminary plan calls for North Haledon freshmen to usher in the change and attend Midland Park next year. Upperclassmen will finish out at Manchester. The makeup of the student population at Manchester will change almost immediately upon North Haledon's withdrawal. The school is more than 50 percent white, about 35 percent Hispanic, and slightly less than 10 percent African-American, according to a report from the Passaic County superintendent of schools. The white population of the school will decrease by 9 percent and the percentages of African-American, Hispanic, and Asian students will rise, the report said. No major program changes are planned for next year in Midland Park, which has about 500 students in Grades 7 through 12, but the superintendent said officials will look at ways to "blend the curriculums of the two schools" so that students coming to Midland Park can make an easy transition. Events aimed at acquainting North Haledon parents and students with Midland Park will probably be held in the spring, DePreker said. He said that under the sending agreement, North Haledon is entitled to have one representative on the Midland Park school board. North Haledon now has three representatives on the Manchester board, but Anthony DeNova, a North Haledon councilman who strongly supported the withdrawal, said "If we have one representative in Midland Park looking out for our interests, that's better than three in Manchester who aren't properly representing the town." September 27, 2002 Bergen Record LOSERS IN MANCHESTER SCHOOL REFERENDUM AREN'T GIVING UP By Charles Austin The dust kicked up by Tuesday's bitterly contested Manchester Regional High School District referendum refuses to settle. Opponents to the plans of North Haledon to withdraw from Manchester still hope they can win in court what they lost at the ballot box. An appellate court case arguing that the election should not have been held will go forward, Haledon Mayor Kenneth Pingitore said. If the challenge is successful, Tuesday's election - in which North Haledon residents outvoted neighbors in Haledon and Prospect Park to win the right to withdraw from the district - could be declared invalid, Pingitore said. North Haledon plans to send its students to Midland Park. A similar appeal was filed by the Manchester school board and may also go forward. Superintendent Ray Kwak said Thursday that he had not heard of any plans to withdraw the appeal. And John Vandermolen, president of the school board, said "if there were the possibility of other appeals, I wouldn't want to close the door on that. I think we had valid concerns from the beginning [about the elections] and we still have them." He said North Haledon's departure from Manchester would be "devastating," and school taxes in Prospect Park and Haledon will go up substantially. North Haledon had balked at the district's state-mandated funding formula. Because the payments were based on property tax ratables, North Haledon paid three times as much per student than the other towns. North Haledon Mayor Randy George said he intended to ask the Manchester board to drop the appeal. "The people have spoken," George said. "How dare they try to go against the vote?" The Manchester board should not be involved in the dispute, the mayor said. "I want them to stop all actions and get the children ready for the transition." George said that if the board went ahead with its legal fight, North Haledon would consider refusing to pay the fees it owes to the district, a move that would almost certainly set off another round of legal battles. But Pingitore argues that the election should not have taken place until a court ruled on whether the state's Board of Review properly authorized the voting. "We said we should wait," Pingitore said. "It was North Haledon that wanted to rush into the referendum." The threat of additional court battles angers North Haledon's attorney, Vito Gagliardi Jr., who says "they have gone to court five times and they lost five times." Gagliardi says it is "particularly egregious that they [the Manchester board] are using North Haledon's money against North Haledon, first to say that the voting shouldn't take place and now to say that their votes shouldn't count." About 75 percent of North Haledon's registered voters turned out Tuesday, casting 4,062 votes in favor of withdrawing from Manchester. Only 118 North Haledon voters favored staying. Voter turnout in the other two towns was lighter, with the vast majority of Prospect Park and Haledon voters opposed to the withdrawal. Prospect Park's Mayor Will Kubofcik also agreed that the legal action should proceed. "I see Tuesday's vote as a mandate from the voters in our town, and as public officials, we represent our people just as they represent theirs." Even though previous challenges from the two towns have failed, Kubofcik said they would persist. "We have everything to gain and nothing to lose," he said. Gagliardi said that briefs have been filed on the matter and the case could be argued in November or December. |
October 19, 2002 Herald News PROOF IS IN THE PUDDING AT CHARITY WRESTLING EVENT By Whitney Kvasager HALEDON - Prospect Park Mayor Will Kubofcik hurled himself against Haledon Councilman Ayman Memkej, elbow first. The two landed with a thick "Splat!" as Memkej, wearing a fat suit and kilt, feigned horrible pain. Kubofcik stood, raising his arms in victory. "Aarrrrghhhh! I am The Executioner!" he roared. This was Thursday evening at Manchester Regional High School - a pudding wrestling fund-raiser for nine Haledon families who lost their homes on Haledon Avenue to fire last month. Through his white hockey mask, Kubofcik called to his partner - The Headhunter - better known as Prospect Park Councilman Thomas Jefferson. "Die!" yelled Jefferson, jumping from the arena side and fake-punching Memkej, who lay face first in 450 pounds of milk chocolate pudding covering the arena floor. Enter Kubofcik's friend, Dan Milligan, swathed in bandaleros, holding a cap gun and calling himself The Psycho. "I'm gonna kill you!" Milligan screamed, his voice hoarse from an earlier match in which he wrestled Memkej. In that match, Milligan was Captain America, dressed in a red and white striped top hat and wielding a two-by-four. Memkej played the Iron Sheik. It was unclear who won the matches. The crowd went wild anyway. Frank Pellegrino, Manchester wrestling coach, organized Thursday's fund-raiser. He didn't want to resort to selling candy or T-shirts or raffle tickets, so a few weeks ago, he called Novelty Wrestling, a company in New York that provides everything needed for people who want to wrestle in pudding and started selling tickets for $8. Then he called his buddy, Kubofcik, who is up for re-election. "I knew he would do it. I knew he wouldn't say no," Pellegrino said before the wrestling started. "He's gonna put on a helluva show. Maybe he'll pick up a few votes. Hopefully he won't lose any." Kubofcik was joined by Jefferson, also running for re-election. Both said the event had nothing to do with politics. "It's Republicans versus Democrats actually working together," Kubofcik said. "We are making lemonade from lemons with the fire." Prospect Park Republican mayoral candidate Waeil Dashoka, Kubofcik's opponent, and Jefferson's Republican opponents, Belkis Drexler and Thomas Magura, could not be reached for comment. Kubofcik and Jefferson arrived in costume a week before the fund-raiser at Haledon's Borough Council meeting to challenge Mayor Ken Pingitore and Memkej. Like his challengers, Pingitore, too, is up for re-election. Kubofcik and Memkej both said they thought Pingitore would be at Thursday's event, but only Memkej showed. Pingitore could not be reached for comment. "You know, this pudding burns your eyes after a while," said Memkej, who is not up for re-election. The fund-raiser, which also pitted pairs of high schoolers in pudding matches earlier in the night, raised at least $2,800 for victims of the fire. Novelty Wrestling will take 60 percent of the profit. October 22, 2002 Herald News CANDIDATE CALLS FACE-LIFT COSMETICS By Whitney Kvasager Mayor Will Kubofcik announced his plan last week to revitalize the three-block area he calls "the Eighth Street business district." Under his plan, the blocks will be spruced up by turn-of-the-century-style street lamps, flower planters, red brick pavers and new sidewalks. The project will cost $300,000 and will be paid for by a grant from the state Department of Transportation. "You might say 'is that a big deal?' Well, yeah, it is a big deal," Kubofcik said. "When you change the image of something - image is everything about where people want to be." Tom Magura, Republican candidate for Borough Council, says the plan is only cosmetic and won't bring more business to Prospect Park. "Paving roads and making nice sidewalks doesn't attract business," Magura said. Magura says for Eighth Street to really become a business district, there would have to be more parking places and wider streets, neither of which are included in Kubofcik's proposal. October 24, 2002 Hawthorne Press LAW FIRM HIRED for FEASIBILITY STUDY on QUARRY Redevelopment The Prospect Park Council has approved a $15,000 contract with Maraziti, Falcon & Healy, LLP for a feasibility study on the future redevelopment of the Tilcon Quarry. The Short Hills attorneys specialize in environmental / redevelopment law and litigation. Joseph J. Maraziti, Jr., who was the state planner under the Whitman administration, was present at the October 14th session when the contract was awarded. Maraziti said the quarry "is a very unique site. We'll look at the quarry site and determine a future use." Under New Jersey law, a municipality can designate a site that is not producing up to it's potential as "an area in need of redevelopment." An extensive process of studies and public hearings could lead to this determination after which Prospect Park could seek to acquire the quarry property by purchase or ultimately by condemnation. Condemnation would be the last resort, according to Maraziti. "That's far down the road," he said, defending the procedure as a viable option. "We live in a society where we don't let the wealthy rule. Public interest is the paramount guide. While a private party's interest is important, it's not as important as what's good for the citizens." The lawyer said he will begin examining records pertaining to the quarry and "give an opinion and a report in about six weeks whether the site will qualify for redevelopment." "We want to be pro active," said Mayor Will Kubofcik, "rather than wait for someone to come to us, we want to see if we can use the property for its highest and best use." The Tilcon Quarry has an anticipated life span of about eight years but officials say they expect to continue the recycling operation after quarrying is no longer viable. Maraziti, said litigation is currently underway in Perth Amboy to so designate a dry dock area for this purpose. He also mentioned Elizabeth, Paterson and Hoboken as areas under consideration. October 24, 2002 Hawthorne Press Councilman institutes WPU scholarship Councilman Mohammed Khairullah has established a $500 annual scholarship at William Paterson University. He is donating his salary to a resident of Prospect Park attending WPU. In announcing the program last week. Khairullah said the criteria are that the students have completed two semesters or have at least one semester left; be enrolled in the College of Education or Business and maintain a 3.5 GPA. "The university will contact all the students who qualify," he said. "We'll receive the list and expect to award the first scholarship at the beginning of the spring semester." October 24, 2002 Hawthorne Press Counter Complaints Vs. Kubofcik Over Referendum Shenanigans Counter charges have been filed against Prospect Park Mayor Will Kubofcik related to campaign shenanigans in the September 24th Manchester referendum. On Monday, North Haledon resident Stephen Orsini filed four motor vehicle complaints and three criminal complaints against Kubofcik. The motor vehicle complaints include improper use of emergency lights, having tinted windows on a vehicle, obstruction of the passage of another vehicle and reckless driving. The criminal complaints are criminal obstruction (blocking public passage), harassment and false swearing. On October 1, Kubofcik filed five complaints against Orsini. The matter was referred to Wayne Municipal Court where that jurisdiction determined that probable cause existed. The same procedure has to be followed for Kubofcik before the charges are certified. All the complaints stem from an altercation on Sunday, September 22, two days before the referendum, when Orsini encountered Kubofcik and Haledon Councilman Aman Mamkej on Keiller Court. The officials, along with Prospect Park Councilman Mohamed Khairullah and Haledon Councilman Ben Guzman were distributing campaign literature against the referendum in North Haledon. North Haledon Court Administrator, Karen Lomascola said charges and counter charges are usually scheduled to be heard at the same time. October 25, 2002 The Record ELECTION PREVIEW: PROSPECT PARK
by Scott Fallon PROSPECT PARK POLITICAL MAKEUP: MAYOR: Democrat. COUNCIL: All six seats are held by Democrats. AT STAKE: Four-year mayoralty term and two three-year council seats. THE CANDIDATES: MAYOR/DEMOCRATIC Will Kubofcik*, 36, of East Main Street has been mayor for four years. The former councilman is a Realtor and a volunteer firefighter. Kubofcik has lived in the borough for 30 years. He and his wife, Nuha, are expecting their first child in January. MAYOR/REPUBLICAN Waeil Dashoka, 38, of 14th Street, served on the council for five years, holding a variety of leadership positions, including finance chairman. He is a computer data network manager at St. Barnabas Medical Center in Livingston. Dashoka also is a special police officer in Haledon - a part-time position that has limited powers of a regular police officer. He is single. DEMOCRAT/COUNCIL Thomas Jefferson*, 34, of Haledon Avenue has been on the council for three years. A chemical operator, he has lived in the borough for 10 years. Jefferson is head of the Police Committee. He and his wife, Cathy, have five children. Pasquale "Pat" Tirri*, 31, of North 17th Street was elected last year to fill a one-year unexpired term. Tirri is a restaurant manager. He is the commissioner of the Board of Recreation and is a member of the Board of Recycling and Solid Waste. He is single. COUNCIL/REPUBLICAN Thomas Magura, 59, of North Eighth Street was a councilman from 1997 to 2000 and a trustee on the school board from 1992-97. He works as an assistant helping the disabled at Bergen County Special Services. He is single. Belkis Drexler, 44, of East Main Street is an inspector at Computer Craft in Hawthorne. She has lived in the borough for 15 years and has three children. REGISTERED VOTERS: Undeclared: 1,415; Democrats: 1,242; Republicans: 652; independents:
9. Total: 3,318. October 25, 2002 Bergen RecordQUARRY AT HEART OF RACE By Scott Fallon PROSPECT PARK - This year's municipal election focuses largely on taxes and rocks - two subjects that are improbably entwined in the borough's politics. The massive quarry on Planten Avenue operated by Tilcon is at the center of much debate between the Democratic and Republican slates running for mayor and two council seats in the Nov. 5 general election. The borough government, all Democrats, has been battling the corporate giant for years over its tax assessment, noise pollution, and hours of operation. Mayor Will Kubofcik and his running mates, Councilmen Thomas M. Jefferson and Pasquale "Pat" Tirri, have said that Tilcon has gradually reduced the quality of life of residents by expanding its operations. They have gone so far as suggesting the company be forced out of Prospect Park. Republican Waeil Dashoka, who is challenging Kubofcik for the mayoralty, and council running mates Thomas F.X. Magura and Belkis M. Drexler, have said the borough has been too stringent in its dealings with Tilcon, the borough's single largest taxpayer. The Republican candidates have received campaign contributions from Tilcon (the company bought seats at a fund-raiser dinner) but they said it was nominal and has not affected their position. Dashoka, who said Tilcon gave a "few hundred dollars," filed a pledge with state officials that he and his running mates will not raise more than $8,500 for their campaign. The maximum a contributor can donate without being listed on campaign finance documents is $400. Kubofcik has raised $3,526, according to the latest campaign finance reports. The borough recently hired a consulting firm for $15,000 to see if it can acquire the 98-acre quarry and redevelop it. The action was prompted largely by Tilcon's move to lower its tax assessment. Tilcon pays about $160,000 in municipal taxes but wants to reduce it to about a third, claiming that the property is worth only $500,000, not the $1.5 million assessed value. Redeveloping the quarry as a commercial venture would bring the town at least $2 million in additional taxes, said Kubofcik. Tilcon also is challenging in court a 2001 ordinance that seeks to regulate its operations. Kubofcik's challengers said the incumbents' tough dealings have cost taxpayers thousands in legal fees. They also suggested that it may turn away companies wanting to settle in Prospect Park. "If this was handled differently, we would have a resolution now," Dashoka said. "When I was on council [in the mid-1990s], we had a good relationship with the quarry. I'm not defending the quarry or the borough. The whole situation could have been worked out a lot quicker with a lot less money." Kubofcik and his supporters disagree. They say the quarry is trying to take advantage of the town and their opponents are too short-sighted to see that. "It's pretty ugly here," Jefferson said. "Dust covers people's cars. They are destroying the town and yes, we want them out." The Republicans say an all-Democrat council is not good for the borough because of a lack of dissent. Magura called the council "puppets for the mayor." Kubofcik said that is not the case. The all-Democratic governing body performs more efficiently without Republicans on it, he said. All of the candidates said the borough needs more recreation programs for children and seniors. Most said the funding has to come from private donations and grants, but Jefferson suggested an increase in taxes might be appropriate. "When you see the results of where your money is going, it's totally different," he said. October 29, 2002 Herald News November 06, 2002 Bergen Record Kubofcik decisively defeated Republican challenger and former Councilman Waeil Dashoka, 1,006 to 377, for his second four-year term. Democrat incumbents Thomas M. Jefferson and Pasquale "Pat" Tirri trounced challengers Thomas F.X. Magura and Belkis M. Drexler by more than a 2-1 ratio for the three-year council seats. The six-member council will remain all-Democrat, which the party touts as a sign of efficient government. Republicans have criticized it for the absence of a dissenting opinion. Kubofcik said Tuesday night that the revitalization of Hofstra Park and the North Eighth Street business district will be the priorities of his second term. "We have a lot of work ahead of us," he said. Of the borough's 3,318 registered voters, 42 percent came out to the polls. Kubofcik also will continue to lead the borough in its ongoing legal battles with Tilcon quarry, the largest single taxpayer in Prospect Park. Issues surrounding the quarry and its effect on the community were at the heart of this year's race. Republicans claimed that Kubofcik and the all-Democratic council have been too stubborn in their negotiations with the company over hours of operation, tax assessments, and expansion plans. Republicans have said it has cost taxpayers thousands in legal and consultant fees when they would have dealt with the company one on one. Dashoka, Magura, and Drexler have acknowledged accepting a few hundred dollars in a campaign contribution from Tilcon. If the donation were more than $800 it would have to be listed on campaign finance forms. Democrats said they have to be tough in their dealings with Tilcon because the quarry operations have lowered the quality of life of many residents due to increased traffic, noise pollution, and dust that wafts through the borough from crushed rocks. Kubofcik, 36, of East Main Street, has been mayor for four years. The former councilman is a Realtor and a volunteer firefighter. Kubofcik has lived in the borough for 30 years. He and his wife, Nuha, are expecting their first child in January. Jefferson, 34, of Haledon Avenue, has been on the council for three years. A chemical operator, he has lived in the borough for 10 years. Jefferson is head of the police committee. He and his wife, Cathy, have five children. Tirri, 31, of North 17th Street, was elected last year to fill a one-year unexpired term. Tirri is a restaurant manager. He is the commissioner of the board of recreation and is a member of the board of recycling and solid waste. He is single. November 6, 2002 Hawthorne Press |
For Mayor |
District 1 |
District 2 |
District 3 |
District 4 |
Total |
KUBOFCIK |
167 |
311 |
220 |
308 |
1006 |
DASHOKA |
37 |
69 |
112 |
159 |
377 |
For Council |
District 1 |
District 2 |
District 3 |
District 4 |
Total |
TIRRI |
147 |
278 |
199 |
264 |
888 |
JEFFERSON |
143 |
272 |
189 |
262 |
866 |
MAGURA |
46 |
88 |
124 |
161 |
419 |
DREXLER |
44 |
81 |
112 |
168 |
405 |
November 15, 2002 BOROUGH APPLAUDS RULING ON QUARRY LAW by Charles Austin PROSPECT PARK - Officials are claiming victory in a ruling by a judge this week that the borough's new quarry license law is valid and that the town is allowed to regulate the quarry's asphalt plant. Tilcon of New Jersey, which operates the quarry, is also dropping the challenge to its tax assessment, officials said, and will continue to pay $150,000 per year in taxes to the borough. Tilcon had argued that the quarry site, which is assessed at $5 million, is worth only $500,000 and should be taxed about $30,000 annually. Joyce Watson, public relations director for Tilcon of New York and New Jersey, said the company ended its tax challenge as a way of "trying to be a good neighbor to the town." Superior Court Judge Burrell Ives Humphreys ruled Tuesday that the town has the right to regulate the quarry under the new law, said Richard Cushing, Prospect Park's attorney for the matter. Tilcon had challenged the validity of the law adopted last year, contending that it could only be regulated under the previous, less stringent ordinance. The judge did strike down one aspect of the law, which would have required the quarry to inform the town about blasting, because all blasting is under state regulation, Cushing said. But he left in place the town's regulation of the asphalt plant inside the quarry, rejecting Tilcon's claim that the asphalt plant is part of the recycling operation and is also under state regulation. Cushing said the town would set limits on the hours the plant could operate, because asphalt plants usually operate at night, sending heavy trucks through the streets while residents are asleep. Watson said that Tilcon wanted to keep the matter of night operations "on the table" with the town. The quarry said it did not intend to operate the asphalt plant 24 hours a day all the time, but added that "for some state jobs it is important to be able to operate in the night-time hours," and that the quarry might want to do that occasionally. The town may also monitor the effect of the quarry's operations on groundwater, Cushing said. Additional studies are planned on the stability of the quarry's rock slopes and the dust generated by quarry trucks. Judge Humphreys has ordered town and quarry representatives to work out any remaining disagreements by Jan. 13. A trial might have to be held to settle unresolved disputes, Cushing said. Watson said that Tilcon was repairing fencing at the quarry this week, which the town had previously requested and was ready to "move forward to satisfy the requirements of the ordinance." The borough is also studying whether it is possible to declare the quarry as a "site in need of redevelopment," which would allow the town or a developer to take over the land and end the quarry operations. November 20, 20002 Shopper News REFERENDUM ALLEGATIONS END IN TRUCE by Dan Kedem A potentially bitter lawsuit between Prospect Park Mayor Wil Kubofcik and North Haledon resident Steve Orsini ended abruptly with an apology and a handshake last Wednesday. The problem started on September 22, two days before the Manchester referendum, when Kubofcik and Haledon Councilman Ayman Mamkej were distributing flyers around North Haledon. According to Kubofcik, he was passing out flyers on foot when Orsini drove up behind him and started revving his engine. "It's 9:30 at night and I've got some madman a few feet behind threatening to run me over," he recalled. Kubofcik said he then got into his truck and went to pick up Mamkej, who was also on foot delivering flyers. Because they were on a dead-end street, Orsini allegedly tried to block the road with his truck. "We had to ride up on the curb to pinch our way through," added Kubofcik. The next day. Kubofcik filed charges against Orsini for harassment, obstructing the passage of other vehicles, and reckless driving. Three weeks later, a couple of days before Election Day, Orsini filed charges against Kubofcik for filing a false complaint, false swearing, obstructing the peace, and harassment. "It doesn't take a rocket scientist to realize that he was trying to embarrass me one week before my election by filing counter charges," said Kubofcik. "They can't use that as leverage to get me to drop my charges; I'm not about to let someone bully me like that." The sourse of the altercation allegedly stemmed from the flyers Kubofcik and Mamkej were distributing. According to North Haledon officials, the flyers were purposely written to appear as if it came from North Haledon Mayor Randy George in an attempt to confuse North Haledon residents into voting against the withdrawal. On November 13, a long-time friend of Kubofcik brokered a meeting between Orsini and Kubofcik, and the two agreed to drop all charges. "I understand as much as anyone that emotions run high around election time," said Kubofcik. "And I'm pleased we were able to resolve our differences like adults." Orsini, who works for North Haledon's Department of Public Works, declined to elaborate on what happened that night, but said, "I believe there was a lot of miscommunication between the two of us, but we had a nice discussion and we're actually friends now." December 04, 2002 Bergen Record TWO INDICTED IN SEX ASSAULTS OF SISTERS By Jennifer V. Hughes Two Passaic County men, both 20, were indicted on sexual-assault charges Tuesday for allegedly having sex with two Paterson sisters, aged 12 and 14, after meeting them through a teen phone-chat service. The older girl had talked several times with Freddy Velasquez of Prospect Park before she asked him to come to her house on Sept. 16, said Joanne Kaminski, Passaic County assistant prosecutor. Velasquez brought along his friend, Steven Kadsand of Hawthorne, Kaminski said. The two men and the girls hung out at the girls' home for a while, then drove around the area, she said. They ate at a local restaurant and spent time in Paterson's Eastside Park before they wound up at Velasquez's Haledon Avenue home, she said. In the basement, on separate couches, Velasquez had intercourse with the 14-year-old girl while Kadsand had sex with the younger child, Kaminski said. Velasquez then drove the girls home, she said. Although there was no evidence of force or violence, the acts are considered crimes because of the girls' ages, Kaminski said. In order for the girls to consent to sexual relations, they would have to be 16, she said. The younger girl told the men that she was a year older, Kaminski said, but there was no indication the girls claimed they were of consenting age. Under New Jersey law, charges can still be brought even if a suspect says he did not know the girl was underage, she said. A California-based teen telephone chat line called The Loup came under fire last year after some parents reported that they heard inappropriate sexual conversations on the line. In some towns, local schools sent home warnings with students, and police departments warned parents to tell their children not to give out personal information. It was not clear on Tuesday whether the phone service used by the men to meet the Paterson girls was the same as The Loup. Kaminski said the service allowed teenage users to chat with other youths, and leave messages for each other, services similar to The Loup. Once the Paterson girls returned home, their grandmother noticed a hickey on the younger girl's neck and found a pair of bloody panties in a hamper, Kaminski said. The younger child told the grandmother about the encounter and the grandmother told the girls' mother, who called police, she said. Velasquez is charged with sexual assault, which is punishable by up to 10 years in prison, and Kadsand is charged with the more serious count of aggravated sexual assault because the girl he had sex with is younger. That offense is punishable by up to 20 years in prison. Velasquez faces an additional count of enticing a minor because he was the one to make contact, and a count of criminal sexual assault for also allegedly groping her, authorities said. Both men are also charged with child endangerment. Neither defendant could be reached for comment. December 11, 2002 Herald News MAYOR HAS DOUBTS ON NEED FOR TOP COP By Whitney Kvasager Mayor Will Kubofcik says there's no rush to appoint a police chief. A week after the deadline for applications, Kubofcik hasn't formed a hiring committee. Three applications have been submitted, but Kubofcik hasn't set interview dates or a deadline to choose somebody. "To tell you the truth, I haven't even looked at the applications," Kubofcik said. He said he was tied up because of the holidays and that he wants to wrap up litigation with former Police Chief George Faso before he makes a decision about a replacement. Faso, who resigned in June 1998, has sued the mayor and the Borough Council, seeking compensation for unpaid salaries and benefits. "We're saving $100,000 a year by not having a police chief. We don't need a police chief," Kubofcik said. "We're a town that's half a square mile. What do you need a police chief for?" At Monday's council meeting, while chief applicant Capt. Frank Franco sat in the audience, the mayor and council didn't discuss the subject. Among other things, they listened to presentations on the Emergency Medical Team and the public school. They also unveiled 13 framed photos of every mayor since the borough was incorporated in 1901 in commemoration of the first annual "Mayor's Day." The black-and-white photos are arranged in two rows of six, with Kubofcik's color photo centered above. Borough police officers have been without a chief for more than a year, when Faso stepped down amid his contentious relationship with Kubofcik. Since then, Franco has performed all the administrative duties of chief while at the same time doing the paperwork duties of captain. His pay, however, has stayed the same - $78,744 instead of the $100,000 salary of chief. "We've made significant savings," Kubofcik said. "Franco's making $80,000. What's he got to cry about?" Franco, one of the three applicants for chief, would not comment. The other two are a sergeant and a patrolman, both of whom have been on the force for more than 20 years. "Waiting this long to choose a chief is just negligence and complete incompetence," said Tom Magura, a former councilman and local Republican Party leader. "Kubofcik's too worried about his self-aggrandizement and his self-edification rather than the business of governing the town." Former Councilman Joe Bridge agreed, saying it's typical of Kubofcik's administration to drag its feet on important issues. "It's an administration that doesn't do anything. Kubofcik just has these happy days and town cleanups," Birch said. "There's a lot of window dressing happening." Both Magura and Bridge agreed that Franco was the most likely candidate for chief but speculated that Kubofcik might oppose Franco because he was Faso's right-hand man. "Nobody knows what goes on in Kubofcik's," Magura said. December 11, 2002 The Record At Home In The Fray - Prospect Park's feisty mayor embraces change by Charles Austin Prospect Park Will Kubofcik looks like a mayor on the move. He pops up at virtually every civic event in Prospect Park. His office is packed with pictures of him with senators, congressmen, and presidents. He has grand plans for revitalizing Passaic County's smallest borough and leaps fiercely into controversial issues. He ran for Borough Council four times before winning a seat in 1996, and became the town's first Democratic mayor in 1998. In November's election, he overwhelmingly won his second term, trouncing his rival 1,006 to 377. But Kubofcik says he is stepping out of politics, at least temporarily, when his four-year term ends. The 36 year old native of Prospect Park says he wants to take time to raise his family - he and his wife are expecting their first child in January - and persistently rebuffs suggestions that he seeks higher office. "I think in two terms as mayor, I should be able to get done what I want to do," he said. "And it's good for a town to have changes in government." Kubofcik made rapid changes that shook up the town when he was elected four years ago. He replaced the municipal judge and prosecutor, tangled with the police chief over an ordinance that put the chief under the supervision of the mayor, and appointed fellow Democrats to most council committees. He asked the state to investigate whether borough police officers were unfairly targeting minority drivers for tickets, a move which caused tensions between the mayor and police officers for a time. After the dispute over the police ordinance, the police chief retired, and he is suing the borough for back pay. Kubofcik's administration is engaged in a heated court battle with Tilcon quarry over an ordinance regulating the quarry, which occupies about a quarter of the town's territory. He is even investigating whether the town can take over the site and force the quarry to shut down. Critics call him hot-headed but Kubofcik says "passionate" is a better word. "I think I have learned something about patience in the past four years," he said, "but if I believe in my gut that something is right or wrong, people are going to know about it." Kubofcik grew up in a house on North Eighth Street, and his parents still live in town. "Until recently, many of my teachers were still at the Prospect Park School," he said, recalling the thrill he got this year when Governor McGreevey and Senator Robert G. Torricelli came to his fifth-grade teacher's classroom to promote reading. With a degree in political science and urban studies from Rutgers, Kubofcik worked as a paralegal and tried out a summer program at an Oklahoma City law school. "I decided that wasn't for me," he said. He became a fundraiser for United Way. He's now a real estate broker "because it's a people-contact profession and that's what I like to do, be in touch with people." Thomas F.X. Magura, whom Kubofcik defeated in the 1998 race for mayor, says Kubofcik is "a very good campaigner," but calls him a poor administrator. "I think he's in over his head when it comes to actually running the town," Magura said. He contends that Kubofcik's administration has spent down the borough's reserve to balance the budget. Kubofcik counters that using reserves enabled the town to keep down taxes. Jay Birch, who challenged the mayor in the Democratic primary this year, says the mayor is too eager to enter into disputes, citing Kubofcik's long-running battle with the quarry. The mayor's style has polarized politics in the borough, Birch said as he ran against the mayor last spring. Mayor Randy George of North Haledon accused Kubofcik of duplicity in preparing literature opposing North Haledon's plan to withdraw from Manchester Regional High School, a charge he also laid to Haledon Mayor Kenneth Pengitore, who also opposed the withdrawal. Kubofcik can be testy when his views are challenged. He cut off a presentation by a representative of Tilcon quarry at a public hearing because the engineer was "giving examples from another quarry, not our quarry." When the mayor was testifying in court during this dispute over the quarry license, a judge had to order him not to be argumentative in his answers to questions from Tilcon's attorney. But voters seem to like the mayor's feisty personality, as indicated by last month's elections. Residents turn out in large numbers for Kubofcik's town meetings and applaud his speeches. Mayoral duties led Kubofcik, single when he was elected, to the woman who would become his wife. A community outreach worker at Barnet Hospital, Nuha Kubofcik first met the mayor when he approached the hospital about bringing some health care programs into Prospect Park. Months later, she was a guest at a wedding where Kubofcik presided, and the two were married in 2001. The mayor's job is to be sort of a "coach or cheerleader for people in town," Kubofcik said. He talks of fielding calls from residents and businessmen and keeping an eye on the town's crime statistics. He speaks often of the vast changes in the borough's populace in recent years. Prospect Park was once so heavily influenced by the Dutch heritage of its people that a windmill appears on the town's seal. In 1990, the town was 88 percent white and 13 percent Hispanic. The most recent census shows that whites are 61 percent of the population and Hispanics are 38 percent. There are also significant numbers of people from Arabic-speaking countries. "In some of these other countries," Kubofcik said, "people see the mayor as not just a political leader, but a general authority and problem-solver. They come to me with things that aren't directly related to borough administration." Kubofcik says his main hobby has been politics, and he wishes he had more time to play golf. Ever enthusiastic about his work in town, the usually smiling mayor says he doesn't take any criticism personally and that he tries to stay in touch with his critics. He says his detractors are just slowing down the progress that needs to be made in Prospect Park. He admits being less interested in the details of running the town and added a borough administrator to the town's payroll so he could concentrate on "the big picture." For Kubofcik that picture includes major improvements in Hofstra Park and obtaining state and federal funding for a $300,000 "streetscape" program to renovate the commercial area. But in three more years, Kubofcik said, "It will be time for a change." He said he would find the duties of a higher office too demanding. When his child is born, Kubofcik says, "I'll need to earn a living and take care of my family. Maybe I'll do something political 20 years from now." Picture by Tariq Zehawi / Staff Photographer The Record Prospect Park at a glance: Total population: 1990 = 5053; 2000 = 5779 Median home value (2000) Prospect Park = $177,964 Passaic County = $195,210 Median income (2000) Prospect Park = $46,434 Passaic County = $49,210 Home ownership rate: 1990 = 48.5%; 2000 = 47.9% Population breakdown: 2000 White = 61.2% Black = 14.7% Asian/Pacific Islander = 4.1% Other = 19.9% Hispanic = 38.3% 1990 White = 88.4% Black = 5.6% Asian/Pacific Islander = 2.5% Other = 3.5% Hispanic = 13.7% School data Percentage of students passing all standard tests in 1999-2000 Prospect Park 4th graders = 16.9% New Jersey 4th graders = 53.3% Prospect Park 8th graders = 27.7% New Jersey 8th graders = 62.3% December 19, 2002 Hawthorne Press Mayor's Day Established To Honor Prospect Park's Leaders Minutes after the Prospect Park Council passed a resolution designating the second Monday of December as "Mayors' Day," a police escort marched into the municipal auditorium flanking Mayor Will Kubofcik and former Mayor Alfred Marchitto while canned music played "Hail To The Chief." The cavalcade of mayors, photographs of the 13 men who have held this office since 1901 was unveiled on the east wall of the council chambers and the names and terms of the town's leaders were read. "I'm speechless," said Kubofcik, who I was elected to his second term in November, only the second mayor in the borough's 100 year history to accomplish that feat. "I really wasn't aware of what was happening." Kubofcik acknowledged that it was awkward being recognized while he was in office. "This kind of honor is usually done after an official departs," he said. Then he praised Marchitto "for staying involved and dedicating his life to the community." His predecessor served as mayor for four years, 20 years on the council and eight on the school board for 32 years of public service. Marchitto thanked Council President Hassan Fahmy for conceiving this idea, as well as the graphics department at Passaic County Institute, DPW Director Ken Valt and Boro Administrator Barbara Varcadipane for executing the plan. "I hope this will be a seed for the future." said Fahmy. "I saw how these two mayors worked together, not as Republicans or Democrats." Marchitto is a Republican as were all his predecessors; Kubofcik is a Democrat, as are all six council members. "Let's be united for more success," said the council president. Republican Leader Joe Bridge, a former councilman, criticized Mayor's Day as window dressing for a governing body "that hasn't accomplished anything this year." "It should be called 'Self Edification Day" especially for Mayor Kubofcik who thinks of local government as his private club. "The best mayor we ever had was Fred De Ruiter. who's now living in North Carolina," said Bridge questioning whether an effort had been made to contact DeRuiter. Prospect Park's Past Mayors Adrian Struyk 1901-1912 Lambertus Touw 1912-1919 Cornelius Bosland 1920-1926 Peter Hook 1927-1938 ??? 1943-1947 Theodore Bruinsma 1939-1942 Tice De Jong 1947-1953 Daniel Hook 1953-1968 John Trommelen 1969-1975 Nicholas De Graaf 1975-1982 Ronald Trommelen 1983-1990 Frederick De Ruiter 1991-1994 Alfred Marchitto 1995-1998 |
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