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Newark parking lot case gets turned down by N.J. Supreme Court.

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Residents in the Ironbound section of Newark have been fighting four years to stop a parking lot from operating. They prevailed when the Appellate Division ruled that the city's zoning board should not have granted a variance to build the parking lot. The state Supreme Court recently denied a request for an appeal from the law firm that was representing the owner of the parking lot

Residents in the Ironbound section of Newark have done just about everything they can to stop a parking lot from operating near Penn Station.

The problem is that PLANewark, a group of residents, architects and planners who worked against the lot, haven't been as successful as it wanted after four years and a court decision that supports their position.

The principal owner, Jose Lopez Jr. of McWhorter LLC, is still in business on the 1.25-acre site at 28 McWhorter St., while those fighting the parking lot say the operation should be shut down.

Lopez has a license from the city to operate the lot, but the state Appellate Division ruled in August that Newark's Zoning Board of Adjustment should not have approved a variance to build the lot, which began operation in 2012. The three-member panel determined that McWhorter LLC did not prove that the parking lot would benefit the neighborhood, and that it would not negatively impact the community or go against the city's master plan. As part of its ruling, the Appellate Division also reversed the decision of a Law Division judge, who said the zoning board had not acted capriciously and arbitrarily when it approved the variance.

MORE: Recent Barry Carter columns  

Last September, the law firm Eckert Seamans Cherin & Mellott, which represents Lopez, appealed the ruling to the state Supreme Court, saying the Appellate Division decision would cause McWhorter LLC to go out of business. It also said the Appellate Division erroneously concluded that McWhorter LLC failed to satisfy criteria needed to obtain a variance to build the parking lot.

However, last month the Supreme Court denied the request for an appeal.

PLANewark, however doesn't see itself as a winner, said Madeline Ruiz, a Newark resident and architect. Not until the city encourages Lopez to build commercial or residential projects on the parking lot property that are compatible to the master plan.  In the case of the parking lot variance, the city's administration agreed with the zoning board, even though its own planner opposed the parking lot.

Renee Steinhagen, attorney for PLANewark has asked the city to enforce its zoning laws and tell Lopez that he can't use the land for parking.

"If you don't stop him from using it, he'll never have incentive to develop it,'' Steinhagen said.

Lopez, who owns several parking lots, disagrees. In a statement, he said the parking lot was not built to be permanent, and he has constructed other projects that demonstrate his commitment to Newark. Last year, McWhorter LLC built a 72-unit residential development on Bruen Street in the Ironbound. Currently, he is redeveloping a former textile factory in Newark into a five-story mixed-use development that will include 64 units and ground commercial space.

"Operating the property as a commercial parking lot has always been an intended interim use as this particular site has long been identified for redevelopment,'' Lopez said in the statement. "Our approach to any future redevelopment will be thoughtful as we view ourselves as long-term stakeholders in Newark with a responsibility to support the city and its promising future.''

But Steinhagen doesn't understand Lopez's latest move. He has filed another application to the Newark zoning board proposing to use the same parking lot as a parking lot with 162 spaces, enhanced lighting and a control booth. PLANewark believes there's no difference in Lopez's application. It's a tactic, they say, to delay development of the property and to improve the neighborhood.

"He is illegally operating as a parking lot," Ruiz said. "He's pulling every trick in book to continue operating.''

Gary Lipshutz, assistant corporation counsel for Newark, said the law department plans to reach out to the code enforcement department to talk about the request.

That decision doesn't make sense to PLANewark members, either.

"Why isn't the city enforcing the law,'' said Evelyn Kalka, a PLANewark member and resident.  "Why they are not doing their job is the biggest question mark to me.''

The fight over how the land at 28 McWhorter St should be used started in 2006.

MORE CARTER: Newark social agency on brink of closing

Lopez tried to develop the property after he received approval from the zoning board to demolish an industrial building at the site.  His plan at the time was to construct a seven-story mixed-use building with a parking garage, residential units, retail and commercial space.

However, the poor economy at the time scuttled his plans, including demolition. Instead he rented the building to a church for five years. Then, in 2012, 

the zoning board gave him permission to demolish the building and use the land as a parking lot, which has now been in operation for the past three years.

"Parking has been, and continues to be, in high demand in the neighborhood, Lopez said.

After years of legal wrangling over this issue, both sides recently met to talk about possible solutions.

Lopez said he has plans to place residential housing on the site.

East Ward Councilman Augusto Amador said the ruling by the court Apellate Division is not germane at this point. What's important, he said, is that the area surrounding Penn Station be developed with commercial and residential developments.

"He (Lopez) guaranteed that he'll be developing the site sometime in the near future,'' Amador said. "Regardless of what happens with the (court) decision, his intent is to develop, which is what I've been calling for from the very beginning.''

In the meantime, the zoning board will review Lopez's plan next month to continue operating the parking lot, a move considered by residents as an effort to delay development.

Barry Carter: (973) 836-4925 or bcarter@starledger.com or nj.com barry carter or follow him on Twitter @BarryCarterSL


Walkable, urban neighborhoods are transforming how we live in N.J. | Opinion

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A wave of development centered around N.J.;s many public transit stations are capitalizing on a growing demand for walkable, urban neighborhoods.

By Jonathan Schwartz

Imagine, if you will, a bustling streetscape of pedestrians set against the hubbub of the quintessential downtown. It's here you might picture new parents pushing strollers down the sidewalk, millennials huddled at European-style cafes, and suit-and-tie professionals streaming off a nearby train into the closest pub for a pint of craft beer. 

If this conjures images of Brooklyn, Hoboken or Jersey City in your mind, you could easily be forgiven -- in many ways, these are the hallmark illustrations of the style of urban living that has drastically altered demographics and the way of life in dozens of American cities. What you may not know, however, is that many of these same traits are on their way to a community near you.

For more than a decade, much of real estate has been defined by migration to large urban areas. Young people in their 20s and 30s are increasingly spurning the traditional path toward suburban home ownership, turning down a two-car garage for a lifestyle that requires no car at all.

That seismic shift in the market shows no signs of slowing, though it has reached a critical inflection point. While the demand for walkable, urban neighborhoods remains unyielding, the skyrocketing rents of New York City and New Jersey's "Gold Coast" locales are now prohibitive for many renters. Even those who have spent years residing in these markets face a difficult proposition when major life events --such as marriage, the birth of a child, a desire to be closer to family -- conflict with their ability to remain in their costly urban climes.

Enter New Jersey. The state -- with its extensive commuter train and bus systems, and proximity to two major cities - is dotted with dozens of communities ripe for development to satisfy this market demand. Earlier this year, doors opened at The Green at Bloomfield, a 140-unit luxury rental community located in the heart of a rapidly transforming Essex County township. Less than three months later, the majority of its units have been rented -- an astounding pace for a luxury development in a market that had been largely under the radar until now. 

Towns such as Montclair, South Orange and Morristown have already found success by investing in upscale housing centered around their walkable downtowns and public transit hubs, and relentless demand for an urban lifestyle promises to bring those same dynamics to places like Englewood, Metuchen, Aberdeen and other communities around the state.

This push by developers is also being met with unusually open arms from both residents and officials. For many years, most of the state's bedroom communities viewed multifamily housing as less than desirable, and plans to build new multifamily projects were often treated as dead on arrival.

Today, however, the right proposal is often greeted as a vital step to revitalizing downtowns that, in many cases, have been left to languish since major highway construction sent residents fleeing for the suburbs. The presence of value-priced, high-quality downtown housing attracts not only millennials and young professionals, but also the empty nesters -- along with the restaurants, shops and cafes that follow.

Coupled with an increased focus on tax incentives for these redevelopments projects, this helps to create a perfect storm of conditions for precisely this kind of downtown growth. With the right mix of zoning and a well-funded developer, these new dynamics have the power to turn an abandoned former factory in Harrison into modern, luxury apartments, or a vacant storefront in Maplewood to a thriving art gallery.

New Jersey has long been regarded as a suburban state -- a place where New York City and Philadelphia goes to raise a family and retire. While that remains a major part of its appeal, it now stands at the forefront of a major societal shift that promises to alter the fabric of many of its most historic communities. Thanks to this mounting sea change, our state is set to embrace a new, starring role as ground zero for a new era of prosperity.

Jonathan Schwartz is a partner at Livingston-based BNE Real Estate, which has been developing luxury homes and apartments in New Jersey for 60 years. 

 

Firefighters deal with icy conditions in Irvington fire

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The fire damaged a commercial building.

IRVINGTON -- A fire damaged the second floor and roof of a Nye Avenue commercial building early Sunday in Irvington, a fire official said.

The fire appears to have started around midnight in a utility room of the second floor, Fire Chief Antonio Gary said.

The building was unoccupied, Gary said. The fire extended into the roof area.

The fire reached three alarms before it extinguished. No one was hurt.

An Irvington arson investigator and the Essex County Prosecutor's Office are investigating, standard practice when a fire starts in an unoccupied building, Gary said. Firefighters had to battle icy conditions that left one fire hydrant frozen.

The building houses a number of businesses, but none of them were open at the time.

Orange, East Orange, Millburn, South Orange, West Orange, Maplewood and Newark provided mutual aid.

Myles Ma may be reached at mma@njadvancemedia.com. Follow him on Twitter @MylesMaNJ. Find NJ.com on Facebook.

 

N.J. pets in need: Jan. 9, 2017

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Dogs and cats throughout New Jersey await adoption.

The history of pet photography goes back quite a bit further than the founding of icanhas.cheezburger.com. And for the record, I have both a dog and a cat, so don't read anything into which I talk about first.

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The photo at right has long been accepted as the oldest photograph to show a human being. Taken in Paris in 1838 by Louis Daguerre, the scene captures a man having his shoes shined in the lower-left portion.

But Amanda Uren notes on mashable.com that modern researchers believe they've also located a child and a dog on the opposite side of the street. They have not yet been able to determine if he was leashed or being properly curbed ... yet.

i09dotcomjpg-df436943853dd791.jpg 

Cats weren't too far behind. Cyriaque Lamar states on i09.com that "the progenitor of shameless cat pictures was probably English photographer Harry Pointer (1822-1889), who snapped approximately 200 photos of his perplexed, albeit jovial, Brighton Cats. Pointer began his career shooting naturalistic photos of cats, but he realized in the 1870s that coaxing felines into ludicrous poses was an exercise in delicious absurdity."

"Pointer often arranged his cats in unusual poses that mimicked human activities -- a cat riding a tricycle, cats roller-skating and even a cat taking a photograph. Pointer increased the commercial potential of his cat pictures by adding a written greeting such as "A Happy New Year" or "Very many happy returns of the day."

Had the internet existed in Pointer's day, he would've been a very wealthy man.

Here's a gallery of pets in need of adoption in New Jersey. More homeless pets can be seen by clicking here and here.

Greg Hatala may be reached at ghatala@starledger.com. Follow him on Twitter @GregHatala. Find Greg Hatala on Facebook.

N.J. woman tapped to help last-minute push to save Obamacare

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A Montclair breast cancer patient will be the guest of the head of Health and Human Services for a speech on Obamacare in Washington Monday. Watch video

Chiara D'Agostino was scheduled to have an infusion of immunotherapy today, her fourth round in a fight against an aggressive form of breast cancer.

Instead, she asked her doctors to move up her appointment so she could make it to a special occasion: The last public speech by the woman who is leading the charge to keep Obamacare.

Health and Human Services Secretary Sylvia Burwell will be making a last-minute sales pitch for retaining Obamacare - the landmark law that faces evisceration under the new administration.

The speech is at the National Press Club in Washington D.C., and at her side will be D'Agostino and two other women whose life stories reflect the law's impact.

D'Agostino met Burwell at the Tops Diner in East Newark last month, part of a whistle-stop campaign by Burwell to encourage people to enroll in the government-sponsored health insurance marketplace.

D'Agostino had posted about her gratitude for the Affordable Care Act on Facebook, saying that without the Medicaid coverage it brought, she'd probably be dead. That post came to the attention of Burwell staffers, who extended the invite.

The Tops Diner meeting came just days after D'Agostino's double mastectomy, undertaken after her cancer reappeared. She's now receiving immunotherapy at the Rutgers Cancer Institute of New Jersey.

D'Agostino enrolled in Medicaid in September of 2014, at the very start of the Affordable Care Act's first year. The 45-year-old Montclair resident, a former high school Italian teacher, had just returned from studying abroad and needed insurance coverage while she looked for a job.

She found a lump in her breast the very next month.

With Obamacare now on the chopping block of the new Congress, D'Agostino felt the issue was important enough to alter her treatment schedule to tell her story.

"I thought, 'I've been having a hard time with holidays, and just having those recent surgeries and having metastatic cancer, this would be a fun opportunity to let my voice be heard and help others," she said. "It's something that I'm passionate about anyway. It's an honor."

The speech will be live-streamed here.

 Kathleen O'Brien may be reached at kobrien@njadvancemedia.com. Follow her on Twitter @OBrienLedger. Find NJ.com on Facebook.

Newark's new South Street school takes shape for 2018 debut

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Students from the old South Street school signed a steel beam during a ceremony marking progress on the new building.

NEWARK - Sixth-grader Mirian Caguana can't wait to walk through the halls of the new South Street School in the East Ward, dissect animals in its state-of-the-art science labs, sit in classrooms without peeling paint, and be part of the campus' first-ever graduating middle school class.

"I'm excited that I'm going to be the first one to graduate in this new school and that I was a part of it," Caguana, 11, said during a beam signing ceremony last week marking progress on the school's construction.

The new 103,000-square foot facility, which broke ground in September last year, will replace the 130-year-old South Street school and open for the 2018-19 school year.

The $66.9 million project on the corner of Pennington and Dawson streets, will be the third new school to open in the city since 2016.

"This is a step today, by bringing this school to fruition, in giving these students and students who are going to follow them the tools that they need to be the real leaders of tomorrow," said Charles McKenna, CEO of the Schools Development Authority, the state agency that oversees school construction.

About 20 students from South Street Elementary School sported yellow construction hats before signing their names on a steel beam that will be hoisted in the building.

"They literally are going to leave their mark on what will be a new educational facility that is going to provide a bright foundation for thousands of Newark students in the years to come," McKenna, who took control of the SDA in 2014, said.

The pre-K through eighth-grade school will expand its capacity to 657 students. There will be 29 general classrooms, two science labs, six small group instruction rooms, a computer/technology lab, a world languages classroom, instrumental and vocal music rooms, an art room, media center, multipurpose room, cafeteria and gym.

South Street students are currently housed in the old Oliver Street School. A new Oliver Street school was opened last year.

"We all know that the physical environment in which school takes place plays a very significant role," said Newark Schools Superintendent Christopher Cerf.

South Street School Principal Havier Nazario says the school will be able to expand its pre-K program and market itself as a science, math and technology hub.

"That's really what's going to distinguish us," he said. "I'm hoping that its going to make (students) feel proud of this community and inspire them to continue to put their education first."

Karen Yi may be reached at kyi@njadvancemedia.com. Follow her on Twitter at @karen_yi or on Facebook

NJ.com's boys basketball Top 20 for Jan. 9: Lots of movement

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Two teams in and two teams out.

Seinfeld's 'Soup Nazi' brings bisque to N.J. (PHOTOS)

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The actor is now a spokesman for the soups that made him famous. Watch video

WEST ORANGE -- No shrimp soup for you.

The actor who became a cultural icon as the "Soup Nazi" on Seinfeld was in several New Jersey ShopRite stores Friday, snapping photos with fans and promoting a new soup released by the restaurant made famous by the 1990s sitcom.

Actor Larry Thomas is now a spokesman for the Original SoupMan company, which sells soups at supermarkets across the country, in addition to operating its famed New York City location.

On Friday, Thomas was in the ShopRite stores in Garwood, Union, and West Orange for promotional events to introduce a new soup in the company's line-up, shrimp bisque.

"I'm a real people person," Thomas said at the West Orange ShopRite, where long lines of shoppers stopped by to see him. "I love meeting people, and I'm also a foodie, so I get an extra little kick out of getting to watch people taste the soups," he said.

Thomas, who said he started doing soup meet-and-greets with the company about a year ago, will be stopping at supermarkets in other states as part of the promotional tour as well, the company said.

"Our customers at our Original Soupman store on 55th street and 8th Avenue in NYC have raved about the unique flavor profile of our Shrimp Bisque for years and we are now making it available to grocery shoppers all across America," company CEO Jamieson Karson said in a statement about the event.

"We are on track to...have a great soup season."

Staff photographer Patti Sapone contributed to this report.

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.


12 displaced after 2-alarm liquor store fire spreads

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Officials say the 2-alarm fire quickly spread to apartments above the shop.

NEWARK -- Twelve people were displaced after a two-alarm fire broke out in a liquor store and spread to apartments above it early Sunday morning, Newark's public safety department announced.

The fire, which authorities said started in All Star Liquors on Central Avenue at 12:37 a.m., spread within the walls of the three-story building to the upper floors, officials said.

About 60 firefighters responded to the two-alarm blaze, which displaced six adults and six children who live in the apartments above the liquor store, officials said.

The fire broke out a few days after the department battled back-to-back blazes in Newark, including one at a vacant American Legion building.

No one was injured in the Sunday morning fire, authorities said. The fire department is investigating the cause of the blaze, officials said. Anyone with information is asked to call 973-733-7510.

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.

 

1K and counting: New class bolsters Newark police force

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The 64 new police officers will help replenish the force after the 2010 layoffs, officials said.

NEWARK -- Urged to set an example for cities across the country and imbued with a sense of justice, Newark top brass welcomed 64 new police officers to its ranks Monday. 

"It is a very difficult time to be a police officer in America today, particularly in these cities," Mayor Ras Baraka told the officers at the St. James A.M.E Church.

"I know that you are more than prepared to get on these streets and do what's necessary to make sure that you defend those who can't defend themselves, that you bring justice to this community. Every block that you walk on and every step that you take...you represent the good and the best of us."

The new officers will grow Newark's police force to 1,035 and help replenish the department after sweeping layoffs in 2010 cut more than 160 officers. The totals are still down from the about 1,337 officers that were employed by the department prior to the layoffs. At its peak the department numbered 1,700. 

"You have chosen the best career in the world because you can change lives every day," Public Safety Director Anthony Ambrose told the new officers, who sat neatly in the church pews. "We definitely have progress and you sure will add to the progress of 2017."

Ambrose said the city saw a 13 percent reduction in overall crime last year compared to the year prior and a 10 percent decrease in violence over the same time period. 

New officer Mapletine Braswell, 29, of Newark, said the experience felt "surreal." She graduated from the Morris County Public Safety Training Academy after trying for the second time.

"I was fortunate to have a second chance," said Braswell, who was cheered on by her young son. "(My son) saw me from the beginning to this point and I'm happy to show him the resilience paid off."

Traval Henry Junior, 14, yelled "That's my mom!" as his mother, Braswell, received a leadership award from the union. "To see her make it felt good, to see my mother finally become a cop," he said after he gave her a bouquet of flowers. "She didn't quit."

New officer Corey Alexander, 27, of Orange, said he was looking forward "to (being) out in the streets with the people because that's what policing is about." 

"Hopefully, I can be a part of the change that the city is looking to make," he added.  

Officers spent 26 weeks training at the police academy and five weeks training with Newark Police. The new hires will spend the first six months in the community-focused division, walking all the wards. 

During the ceremony, Baraka spoke passionately to the new recruits, telling them to "take God with you."

"You take him with you and you hold him close to your chest. Hold him close to you and make sure that you get home to your family safe and make sure you bring justice to our community," he said. 

Ambrose, too, had a piece of advice.

"There's one other thing you must bring with you: thermal underwear," he said as the audience laughed. "You will be walking all five wards of the city."

Karen Yi may be reached at kyi@njadvancemedia.com. Follow her on Twitter at @karen_yi or on Facebook

Ex-union president, insurance broker charged in $6.6M scheme

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An insurance broker and the former president of United Auto Workers Local 2326 allegedly left Horizon Blue Cross Blue Shield on the hook for millions.

NEWARK -- A former union official and an insurance broker have been indicted on conspiracy charges after allegedly defrauding a Newark-based health insurance provider out of approximately $6.6 million, federal prosecutors announced Monday.

Under an indictment returned in U.S. District Court, Sergio Acosta, 66, the former president of United Auto Workers Local 2326, and Lawrence Ackerman, 53, both face one count each of conspiring to defraud Horizon Blue Cross Blue Shield and conspiring to defraud the union's self-insured healthcare plan, according to the office of U.S. Attorney Paul Fishman.

Acosta, of Passaic, was responsible for overseeing the local's benefit plan during his time as president, and continued serving as a trustee even after taking a job with the union's national leadership, according to prosecutors.

Union president gets 3 years for embezzling $200K

Prosecutors say Ackerman, of Old Tappan, created two shell companies -- Atlantic Business Associates and Atlantic Medical Associates -- that he used to market healthcare insurance to people who weren't actually employed by the companies.

Prosecutors say the two men used Ackerman's companies to cover 700 to 800 ineligible participants, who Ackerman allegedly recruited from across the country.

Acosta allegedly permitted some of those ineligible participants to remain on the union's self-insured healthcare plan after Horizon Blue Cross Blue Shield discovered the fraud and rescinded coverage.

Acosta and Ackerman each face up to 10 years in prison and a $250,000 fine if convicted, according to the U.S. Attorney's Office.

Prosecutors say both will be arraigned at a later date.

Thomas Moriarty may be reached at tmoriarty@njadvancemedia.com. Follow him on Twitter at @ThomasDMoriarty. Find NJ.com on Facebook.

 

Booker, Baraka, urban mayors talk strategy in Trump era

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U.S. Sen. Cory Booker (D-NJ) said he would work with cities to collectively push back, if necessary, against federal actions

Sen. Corey Booker meets with city mayorsSen. Cory Booker (D-NJ) met with mayors of urban communities in New Jersey, including Mayor Ras Baraka Monday to talk about the impact of a Trump Administration. (Karen Yi for NJ Advance Media) 

NEWARK - Mayor Ras Baraka and other leaders of New Jersey's urban communities met with U.S. Sen. Cory Booker (D-NJ) Monday to discuss protecting their most vulnerable citizens and continuing their progressive policies under Donald J. Trump's administration. 

Sitting at a roundtable of mayors from about a dozen cities including Camden, Orange and Plainfield, Baraka said local leaders will have to find creative ways to respond to policies that could set cities back. 

"These cities have been innovative places for us to do things like increase the minimum wage, family medical leave, sanctuary cities, LGBT legislation, legislation around criminal justice reform," he said. "And we want to make sure we don't have an obstruction in our way to continue that. We're going to have to take a stand."

Baraka said the mayors talked about everything from the repeal of the Affordable Care Act which would prompt loss of jobs and health care, to criminal justice reform and the threat to diverse communities. 

Repealing the Affordable Care Act would impact 194,000 state residents who gained coverage under the law's Medicaid expansion, 205,242 residents who receive tax subsidies to buy insurance, and 211,881 seniors who received help to buy prescriptions.

It will impact "everybody, everywhere in this state," Booker said. He added that he would work with the cities to collectively push back against any federal actions that could harm specific groups. 

"The things Donald Trump was saying in his campaign about immigrants, about minorities, about women, about gays and lesbians, demand that we work together to defend those populations," said Booker. "We're going to do everything we can as a team to defend our fellow New Jerseyans. This group was resolute and unwavering in their willingness to fight and to resist."

City leaders did not delve into specific steps they would take to oppose Trump's policies but said they wouldn't say silent -- even if it meant loss of funding. 

Newark has a policy of limiting its cooperation with federal immigration agents when it comes to deporting unauthorized immigrants. Trump has threatened to withhold funding from these so-called "sanctuary cities."

"I don't think it's constitutional for him to be able to do that," Baraka said when asked whether Newark would continue its sanctuary policy amid funding threats. "We are going to be prepared locally to be able to respond in the way that we can ... raise our voice loud enough either to replace money that we lost or to fight to keep the money they are trying to take."

Karen Yi may be reached at kyi@njadvancemedia.com. Follow her on Twitter at @karen_yi or on Facebook

Prosecutors urge judge to deny Newark 'schoolyard killer' a new trial

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Alexander Alfaro is one of six men sentenced to prison for the 2007 slayings of three college-aged friends behind Mount Vernon School

NEWARK -- The bottom line, Assistant Essex County Prosecutor Romesh Sukhdeo told Judge Michael L. Ravin on Monday, is that Alexander Alfaro should stay in prison.

Sukhdeo's comments came as Alfaro, 26, was making his second appearance in Ravin's Newark courtroom in a post-conviction relief hearing, seeking to overturn his conviction and 212-year prison sentence for his role in the 2007 slayings of three college-aged friends in a Newark schoolyard.

Prosecutors at trial described Alfaro, then 16, violently slashing Iofemi Hightower, 20, with a machete before she was fatally shot along with Dashon Harvey, 20, and Terrance Aeriel, 18.

Attorney Adam Toraya, representing Alfaro in the hearing along with attorney Howard Bailey, had argued Friday and Monday that Alfaro's previous lawyers at trial and during the appeals process had followed flawed strategies, unnecessarily leading to their client's conviction at trial.

Trial counsel Raymond Morasse, Toraya argued, had failed in his responsibility to try to resolve the case in a pre-trial plea deal.

Toraya spent a significant amount of time grilling former assistant prosecutor Thomas McTigue -- who tried the original murder case with Sukhdeo -- about whether or not the prosecution had engaged in plea negotiations with Alfaro's defense team during the trial.

Both McTigue and Sukhdeo -- who also took the witness stand Monday, with Assistant Prosecutor Jamel Semper taking his place at the state's table -- testified that while there had been some casual talk of a plea, there were no "substantive" negotations.

There also was little incentive to agree to a plea from a defendant against who they had amassed a mountain of evidence, they said.

Alfaro admitted bringing a machete -- later matched by DNA to Hightower -- to the murder scene, Sukhdeo said. He fled the state to avoid prosecution. A family member testified he'd admitted his involvement in the killings to her.

"I don't see how whether there was a discussion about a possible plea deal or not gets Mr. Alfaro a new trial," Sukhdeo said in his summations.

Appellate counsel Michele Adubato, Toraya said, failed to cite a possibly retroactive court decision and an overruled objection made by Morasse at trial in her appeals to higher courts.

The objection concerned one of Alfaro's tattoos, which prosecutors had inferred represented the victims killed and injured in the schoolyard attacks.

But the objection regarding the tattoo, Sukhdeo said, "means nothing" in view of the other proof the state had amassed against Alfaro.

Sukhdeo also argued the related court decisions not cited by Adubato in her Supreme Court petition were already discussed in other appellate proceedings, making them a poor basis for a post-conviction relief petition typically used to challenge off-the-record issues.

'Schoolyard killer' argues lawyers failed him

Alfaro is one of six men convicted in connection with the killings. Another defendant, Rodolfo Godinez, unsuccessfully sought a new trial last year in a similar hearing before Ravin.

Ravin said he would try to render a decision in a "reasonable" amount of time.

Thomas Moriarty may be reached at tmoriarty@njadvancemedia.com. Follow him on Twitter at @ThomasDMoriarty. Find NJ.com on Facebook.

Newark's Springfield Avenue post office hits a bump in the delivery road

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Newark post office on Springfield Avenue tries to get it right for customers

If you mention the Springfield Avenue post office in Newark, there's a good chance the customers would rate the service from lukewarm to thumbs down.

"It could be better,'' said one Newark man, who didn't want to give his name.

However, another city resident, Jerry Mitchell, wasn't shy. He let the "F-bomb" fly.

"It's crazy,'' he said.

Derrick Hall, the post office's acting station manager, knows what's being said, but he believes the negative perception is unwarranted. It's one he has been trying to alter since I wrote about customers' displeasure with service three years ago.

"I want to negate that (feeling of) awfulness that people have, that perception that this is a bad location,'' Hall said. "Although things may seem not always 100 percent, we are trying our best.''

MORE: Recent Barry Carter columns  

This is personal to Hall. He's from Newark -- lives here. And he remembers that first unflattering story.

The line for service was long. Employees were unprofessional, rude, lackadaisical. Mail was delivered late in the day, and sometimes to the wrong house. In some cases, everyone's mail would be shoved into one mail box at a multi-family home and the residents would have to sort it out themselves.

The postmaster increased the staff and organized its system to pick up packages so customers don't wait a long time. Hall was promoted to postmaster of Avenel, but returned this past December because he wanted to build on what he believes was progress that may have slipped. He said some of the same challenges, such as long lines, had returned but he has a handle on it now.

Nicole Wright, of Newark, is willing to give you a shot, but she's skeptical after what happened during the holiday season.

Wright said that on back-to-back occasions, in November and December, she did not receive notification from the post office that a package had arrived for her to pick up.

The first issue began in late November, when someone mailed her a package from The sender gave her the tracking number and she set up a text alert for notification.

It turned out to be a well-traveled package. First it went to Kearny, then Clifton, where Wright attempted to pick it up. But when she arrived, a postal worker told her the package had been sent to the Springfield Avenue post office in Newark. So she went right over, but the package wasn't there, either.

Two weeks passed and still no package. Wright said the sender had the packaged traced and found that it somehow wound up in Ohio, then Nashua, N.H., and finally right back in Hazelwood, Mo., where the mailing originated. In the end, a relative of the sender successfully mailed it to Wright at the address where she works for a home health agency in West Orange.

The second mishap was an unexpected surprise in December when Wright went to the Springfield Avenue post office to pick up merchandise that she ordered and had tracked through Federal Express.  The postal employee gave her the package from Fedex -- and two additional packages that Wright didn't know were also waiting for her at the post office.

"I opened up the box and there were my daughter's graduation pictures that I was never notified about,'' Wright said.  "They had been sitting there since Nov 18. Had I not gone there for the other package, they (pictures) would still be sitting there.''

Hall said he has received some customer complaints about lack of notification concerning packages. But he believes it is not widespread. The same is true, he said, concerning late mail. Such incidents are isolated, he said, and that particular carrier has undergone a review to solve the problem.

"We can't monitor everyone all day. We just hope that everyone is doing the right thing,'' he said.

Melvin Satchell, an 88-year-old Newark resident and a retired New York City postal worker, said the carrier he has now is timely, but the previous mail person was late.

"It's been good for me so far, but you never know,'' Satchell said.

Nate Holmes, of Newark, was surprised to hear about problems at the post office. He said he hasn't experienced what others have gone through.

Anna Adams, also of Newark, wished she was that fortunate. She said she's not impressed with the carriers, especially the younger workers.

"They don't want to take the time to put it (mail) in the right box,'' she said.

This is the type of beef on the street level is what Hall wants to reduce among the office's 23,641 addresses. Inside the office, he has a lot to deal with as well.

He also has a unique challenge inside the post office, as well.

At the beginning of each month, Hall said, the lines are long because many of his customers use the post office to purchase money orders to pay bills and to retrieve bus cards for Medicaid approved medical appointments.

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Out of 45 customers in line last Tuesday, he said, 40 were purchasing money orders. One worker, he said, processed more than 200 money orders that day. On Friday, 85 bus cards had been mailed to his office.

To speed up service, Hall recently has created separate lines for money orders and bus cards so customers getting mail or stamps can be accommodated more quickly.

"This office has been dubbed the bank of Newark, because a lot of residents don't have bank accounts,'' he said.

He's asking the public to be patient and to work with him.

George Flood, a U.S. postal spokesman for the northeast area, said the federal agency is seeing progress, but knows there's room for improvement.

He said they are increasing training, enhancing the supervisor's ability to monitor the lobby and changing schedules align with customer traffic.

If Newark residents have a concern, a comment or a compliment, Flood said, they should call the USPS Newark Customer Relations office at (973) 693-5231 or the Northern New Jersey District Consumer & Industry Contact office at (732) 819-3260.

Expect a call from Wright. Though she doesn't want to use another post office, she will.

Hall doesn't want that, either. He wants the Springfield Avenue station to be the place that people use for their postal needs.

Barry Carter: (973) 836-4925 or bcarter@starledger.com or nj.com barry carter or follow him on Twitter @BarryCarterSL

 

National title update: Ranking N.J. alums' 25 best bowl game performances

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Which N.J. natives put in the best performances of the postseason?


OSHA says school contractor risked workers being buried alive

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The agency hit Long Island-based Landtek Group with fines totaling $197,000, saying workers toiled in a10-foot-deep excavations without support walls

VERONA - A Long Island contractor hired to build new athletic fields at Verona High School faces fines of $197,000 for federal safety violations at the site that include risking workers would be buried alive in 10-foot-deep excavations with unsupported earthen walls, federal officials said.

The federal Occupational Safety and Health Administration, or OSHA, issued nine safety citations to the Landtek Group of Amityville, N.Y., the agency announced this week.

OSHA said the citations were based on a June 22 inspection of the high school's Fairfield Avenue athletic complex, where Landtek has a $5.9 million contract with the district to build new tennis courts and two all-purpose ball fields.

A Landtek backhoe and other heavy equipment stood dormant at the complex on Monday, when the new tennis courts and the ball fields, one of them not yet completed, were blanketed with Saturday's snow.

A single "willful" violation, carrying a proposed fine of $124,709, was issued for what OSHA said was Landtek's allowing workers to be struck by falling material and exposed to a potential cave-in and "engulfment," or burial, while inspectors were present.

"Two employees were exposed to, caught in and struck by hazards as they were observed working in an open excavation that was 10 feet deep with nearly perpendicular walls in Class B soil with no cave-in protection or adequate benches/slopes to protect the employees from engulfment," stated the case's citation and notification of penalty, which was dated Dec. 20, and signed by OSHA Area Director Kris Hoffman.

Eight of the OSHA violations were labelled "serious," with more modest fines totaling $73,043, and included what the agency said was Landtek's failure to make daily inspections of excavation sites, its failure to test for oxygen levels, failure to train workers in certain safety procedures, and failure to have equipment in place to remove workers from the earthen digs in the event something went wrong.

Landtek did not return calls for comment.

OSHA said Landtek had 15 business days from receipt of its citations and proposed penalties to comply and agree to pay the fines, or to request a conference with OSHA's area director, Hoffman, or to contest the findings before a panel known as the Occupational Safety and Health Review Commission. 

OSHA is a federal workplace safety agency that regulates private industry. A spokeswoman said the violations involving the athletic complex do not relate to student safety or any actions of the district.

Verona Superintendent of Schools Rui Dionisio said in a statement that Landtek was awarded a $5.9 million contract for the ball fields and tennis court work last spring through competitive bidding.

Dionisio said the tennis courts were completed in August, followed by one of the multipurpose fields, the upper field, in September. He said the lower field is 90 percent complete and should be done this spring.

The work is part of a broader facilities program financed by a $16.6 million capital program approved by Verona voters in 2014. Other bond projects include improvements to the school's technology infrastructure, security and mechanical systems, a new music room, and various driveway and walkway projects.

Steve Strunsky may be reached at sstrunsky@njadvancemedia.com. Follow him on Twitter @SteveStrunsky. Find NJ.com on Facebook.

Perfect start: Which 20 girls basketball teams are still undefeated?

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A look at New Jersey's undefeated girls basketball teams through Sunday, Jan. 8.

Man sentenced to 8 years in homeless beating death

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The man, who was charged with attacking the 46-year-old victim on Western Parkway in Irvington, pleaded guilty in November to a charge of second-degree reckless manslaughter.

NEWARK -- A city man was sentenced Monday to eight years in prison in the beating death of a homeless man two years ago in Irvington.

ArringtonJamel.jpgJamel Arrington. (Essex County Correctional Facility)
 

Jamel Arrington will be required to serve 85 percent of his sentence for second-degree reckless manslaughter before he's eligible for parole, according to Essex County Chief Assistant Prosecutor Thomas Fennelly.

Arrington, 40, was originally charged with murder in connection with the death of William Crews, 46, who was attacked on April 2, 2014 on Western Parkway in Irvington.

Crews was taken to University Hospital but later died of his injuries. Arrington was arrested seven days later.

Arrington was later indicted on the murder charge, but pleaded guilty this November to the lesser manslaughter charge. It is unclear if the two men knew each other, or what may have prompted the attack.

Authorities at the time said Crews, who lived in Newark before his death, was believed to have relatives in New York City, but that investigators hadn't been able to locate them, according to reports in The Star-Ledger.

Convicted killer charged in teen's slaying

It was unclear Tuesday whether authorities had yet managed to locate Crews' next of kin.

Thomas Moriarty may be reached at tmoriarty@njadvancemedia.com. Follow him on Twitter at @ThomasDMoriarty. Find NJ.com on Facebook.

Woman driving with BAC at twice legal limit hits police car, authorities say

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Montclair woman's vehicle had "substantial damage" after wreck, police said.

FAIRFIELD -- A woman was driving with a blood alcohol content at more than twice the legal limit when she crashed into a police car on Route 46 in the township, authorities said Monday.

Officer Frank Tracey slowed down for a red light near the Route 46 intersection with Plymouth Street around 3 a.m. Saturday when a Ford hit the patrol car, according to Chief Anthony Manna.

"The officer's vehicle was pushed a decent distance and the Ford had substantial damage to the front of it," Manna said in a statement.

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Tracey found the sole occupant of the Ford, identified as Desiree Christian, 24, was not hurt and refused treatment, the chief added. The officer also declined medical attention.

Christian was allegedly confused about where she was traveling to and coming from, and was not aware she rear-ended a police car, Manna said. Citing the bitter cold, police brought Christian to headquarters to conduct sobriety testing in a more comfortable environment.

The Montclair resident was unable to complete the tests, according to police. Christian was charged with driving while intoxicated and careless driving. She was later released on her own recognizance ahead of a court hearing, police said.

Noah Cohen may be reached at ncohen@njadvancemedia.com. Follow him on Twitter @noahyc and on Facebook. Find NJ.com on Facebook.

 

Orange school board change-up to require special election

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Residents in the embattled city voted last year to change the way school board members are put in place.

ORANGE -- A vote last year to change the way the board of education is run in Orange will require the city to host a special election this March.

According to a notice from City Clerk Joyce Lanier, the previous Board of Education, which was appointed by the mayor, had seven members. A popularly elected board - which residents voted overwhelmingly to switch to last November - requires nine members, by state statute, the notice says.

A special election on March 14 will elect the two additional members, it says. The first will serve an eight-month term, then be up for election, and the second will serve a one-year-eight-month term before the seat is up again.

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The rest of the positions on the board will be filled by elected members on a staggered schedule when current board members' terms expire - two this November, three in 2018 and three in 2019, at which point the entire board will be made up of elected members.

"In every year following 2019, the people of the City Of Orange Township will elect three members to the school board for three-year terms in office," Lanier said in the note.

The transition comes as Orange is embroiled in controversy and in the middle of an FBI investigation into alleged money laundering and the misuse of government funds. Two of the mayor's appointments in City Hall were named in FBI warrants obtained by NJ Advance Media. More than 75 percent of voters in Orange opted in November to remove the mayor's appointment power to the board of education.

In November, Mayor Dwayne Warren said he was "look(ing) forward to the opportunity Orange voters will have to participate in the democratic process to select qualified leaders to serve on the Orange school board." 

Candidates interested in the special election seats must submit petitions with 10 resident signatures to the city clerk's office by Jan. 23.

Since last November's vote, there are 15 non-special school boards in New Jersey that are made up of appointed, not elected, members.

Jessica Mazzola may be reached at jmazzola@njadvancemedia.com. Follow her on Twitter @JessMazzola. Find NJ.com on Facebook.

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