Ad Populos, Non Aditus, Pervenimus USPS 680020 Published Every Thursday OUR 112th YEAR – ISSUE NO. 26-112 Periodical – Postage Paid at Westfield, N.J. Thursday, March 7, 2002 Since 1890 (908) 232-4407 FIFTY CENTS Council Goes Into Closed Session During Heated Ward Suit Debates By NANCY CROSTA LANDALE we’re used to our attorneys coming In comments after the meeting, Specially Written for The Westfield Leader forward to explain the situation.” Mayor McDermott clarified that his The air was thick with partisan- Mr. Riccio responded: “I under- handling of Mr. Riccio’s February ship and innuendo on Tuesday night took representation of the town be- 11th letter was based on his assump- as the town council questioned its cause the case interested me. I have tion that there would be further con- appointed attorney, Ronald J. Riccio, been involved in other re-districting tact by Mr. Riccio and, in any event, Esq., about his actions in the Ward matters. I did the necessary prepa- had no practical effect on the out- Commission suit. Mr. Riccio ap- ratory work to be prepared to file come, since, as Mr. Riccio explained, peared at the conference meeting at the motion for intervention. In the the motion to intervene was not filed the council’s request after concerns normal course of events, I would be and no actions adverse to the town were raised at the February 26, 2002 having a meeting at this juncture, had occurred. regular meeting over actions; includ- but not in such an accusatory man- Also, after the meeting, a notice ing a possible settlement, which may ner.” was circulated by Town Administra- have taken place on Westfield’s be- Fourth Ward Councilman tor Bernard Heeney advising of a half without the council’s knowl- Lawrence Goldman added: “I want special meeting to take place on Fri- edge or consent. to clarify something about these day at 9:30 a.m. “for the purpose of The Ward Commission suit is an statements concerning tax dollars. holding a public hearing at which action pending in New Jersey Supe- The town got started in this mess, formal action may be taken” with rior Court, challenging the 2001 re- because in the early 1980s, the town regard to the Ward Commission suit. drawing of Westfield’s ward bound- council presented a plan with a piece The 2002 Operating and Capital aries. At its regular meeting on Janu- of the Third Ward moving to the Budgets were also presented on Tues- ary 29, 2002, amid much discourse Second Ward. The council also sug- day, though their importance was and controversy, the council passed a gested moving the Fourth Ward to overshadowed by the Ward Commis- resolution for the town to intervene the First Ward and that section was sion discussion. According to docu- in the suit by a 5 to 4 vote along party inhabited by African Americans. mentation prepared by Mr. Gildea, lines. The resolution directed the Twenty years later it is perfectly the Operating Budget incorporates town to retain a separate attorney, Lauren Pass for The Westfield Leader appropriate for a new town council an increase of 4.5 cent, per $100 of DISCUSSING THE WINNING STRATEGY...Westfield Police Chief Bernard Tracy, center, discusses the winning Mr. Riccio of Morristown’s McElroy, to examine what was done in the assessed property value. strategy prior to the charity basketball game against the Westfield Fire Department. It worked! The “finest” defeated Deutsch & Mulvaney, at a capped past and rectify the wrong, perpe- The proposed budget includes the “bravest”, 58-53 on March 1 at Westfield High School. fee of $17,500. trated, using the auspices of this spending increases of $216,244 for In addition to his private practice town. The argument of taxpayer the UCIA Lease Program, $190,000 for 32 years, Mr. Riccio is the former moneys should not mask the real for health insurance, $127,000 for Dean of Seton Hall Law School and issue.” the library, and $90,000 for social remains a professor there, teaching Addressing the main theory of the security. BOE Gives Calendar First Reading; Constitutional Law, Business Asso- suit, Councilman Walsh said: “I think According to Mr. Gildea, state aid ciations and Civil Procedure. the people of Westfield are entitled has been estimated at the same On Tuesday, immediately after to know what went on with the Ward amounts realized in 2001, and the Previews Budget With Tax Increase Mr. Riccio introduced himself and Commission decision of 2001. What state has advised that it will provide his associate, Nancy McDonald, were the constitutional infirmities of certified numbers for 2002 in late By LAUREN S. PASS occur at the school board’s Tuesday, Dr. William Foley, mentioned the Second Ward Councilman Rafael what the Ward Commission did?” March. Specially Written for The Westfield Leader April 2 meeting. The board rejected many e-mails, letters and telephone Betancourt asked: “Why have you Mr. Riccio explained: “The Ward The Capital Budget for 2002 is On Tuesday, the Westfield Board the previously proposed 2002-2003 calls they had received in protest of not communicated with the coun- Commission, when it made the de- $1,609,398. The budgets will be for- of Education approved the public calendar, which would have had the the September 9 opening. cil? What took so long for you to cision to adopt proposal number 2, mally introduced at the next regular school calendar on first reading, with school year begin on Monday, Sep- The proposed delayed start of the come?” did so without citation or reliance meeting of the council. a start date of Wednesday, Septem- tember 9. school year was to accommodate Mr. Riccio explained that he re- on any traditional redistricting prin- In other matters, the council enter- ber 4, for the 2002-2003 year. Several of the board members, as construction at Westfield High ceived the resolution appointing him ciples. Proposal number 2 succeeds CONTINUED ON PAGE 10 Final approval of the calendar will well as Superintendent of Schools School. Construction is scheduled as council for the town at the end of in moving a population of approxi- for completion on Saturday, August January, and thereafter had been in mately 85 percent African Ameri- 24. touch with Third Ward Councilman can people from Ward 3 to Ward 2. Parents were on hand to speak out Kevin Walsh and former mayor Tho- At least three U.S. Supreme Court WF Planning Bd. Approves Development against the September 9 opening at mas Jardim, who represents the Ward decisions say that in the absence of Tuesday’s meeting. Merry Wisler, Commission plaintiffs, to gather in- any citation to traditional redis- President of the school district’s Par- formation. He then sent a letter to tricting principles, moving a racial Variances, Public Objects To Antennae ent Teacher Council, spoke in favor Town Administrator James Gildea group from one district to another of a September 4 opening, telling the and the Mayor on February 11, which is racial gerrymandering.” By JAMES M. FOERST and construction of a new two- the ordinance as to lot size and board that two thirds of the children included an offer to meet with the Looking at the draft complaint Specially Written for The Westfield Leader family home on the newly created frontage. in town do not attend the high school. council. written by Mr. Riccio, Mr. Betancourt Development of existing prop- second lot. The proposed plan Richard Elbert, a member of the “I’m distressed that construction Mr. Riccio stated: “We under- questioned whether Mr. Riccio’s erties and construction of addi- would require a total of fourteen Planning Board, said, “The idea is companies are dictating the start stood our mandate to be interven- analysis applied to both the October tional homes continues in variances from the land use ordi- not to make additional non-conform- date,” added Susan Devaney. tion based on the wording of the 2001 and 1980 findings of the Ward Westfield with the recent approval nance including variances for in- ing lots.” This sentiment was ech- Dr. Foley stated that it was the resolution. No one from this body Commission, asking: “Are you go- of two applications heard before adequate street frontage and un- oed by Rafael Betancourt, Town architects who suggested leaving the sought to talk to me.” ing back 20 years, and saying that the Westfield Planning Board at dersized lots. Council Liaison to the Planing Board extra time for construction delays. Mr. Betancourt responded: was wrong?” the March meeting. The Planning This was the first application sub- who stated, “This town is moving to “The high school project is complex. “Wouldn’t your marching orders Mr. Riccio responded by stating Board approved an application to ject to the new, more restrictive, dissuade this type of application; to The people you are paying a lot of come from this body because it is that his potential claim in this regard construct new cellular phone an- land use ordinance passed by the stop over-development.” money to are saying, ‘leave a little your client? Is it my obligation as was based on information and belief, tennas on the roof of a residential Town Council last November. Ac- Kenneth Marsh, Town Engineer elbow room,’” he noted. your client to contact you, or yours and is contained only in a draft com- building located near downtown. cording to previous statements made and Planning Board Member com- The calendar that was presented as attorney to contact your client?” plaint not yet filed in court. The Board also approved the con- by the Planning Board, the goal of mented that based on the language on first reading on Tuesday night Mr.