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 info |