Illegal Apartments Continue to Plague Neighborhood

By Tamara Best

Residents in Maspeth and Middle Village and are not happy about what they perceive as a growing trend in their neighborhoods— illegal apartments.

“A day doesn’t go by that I don’t get a call from neighbors that are complaining from problems from illegal basements and single room occupancy,” said Bob Holden, president of the Juniper Park Civic Association, who addressed resident concerns during the group’s meeting last week.

Housing advocates estimate there are about 100,000 illegal apartments in New York City with the numbers continuing to grow.

Across the city, homeowners often rent out portions of their homes to earn extra revenue. However, some of the spaces may not be legal.

The Department of Housing Preservation and Development makes separate designations on whether portions of a house can be considered a separate dwelling. Basements are classified as having at least one half of its height above curb level, while a cellar has at least one half below curb level. The DHPD states that neither in a multiple dwelling can be occupied unless they meet minimum requirements and the approval by the New York City Department of Buildings.

However, the rules for private dwellings are completely different. Cellars can never be rented or lawfully occupied while basements can only be rented if they meet certain requirements. Despite the possibility of criminal and civil sanctions, both are still being rented across the city, with areas of Queens having a high concentration.

“There’s money involved and people don’t stop and think what could happen,” Holden said. “The more we get the word out about this the more people will realize that it is not a good deal.”

Holden and residents assert that illegal apartments create quality of life issues for the neighborhood.

“I personally am not aware of illegal apartments but I have to assume that there are some,” said Lorraine Sciulli, Vice President of the JPCA and a resident of Middle Village. “Because many times we have far more cars on the street, given that I live on street with one family homes.”

Sciulli added, “It’s definitely a negative impact because you have a high turnover. I have to think that the apartments don’t attract the best people because it’s a transient situation.”

Aside from increased traffic and the possibility of higher crime, illegal apartments cause serious risks in the event of an emergency.

In November 2009, three men in Woodside died after a fire broke out in a basement that had been converted into four one-room spaces.

Many illegal apartments often do not have the appropriate amount of exits or other measures such as smoke detectors or sprinklers. As a result they can become a deathtrap in the case of a fire.

“People who choose to live there are gambling with their own lives,” Holden asserted.

However, cracking down on illegal apartments is not so simple.

Upon receiving complaints about illegal apartments, inspectors visit the site and leave a form if they can’t make contact with the owner. If they are denied entry twice, the case is considered closed, allowing landlords and owners to continue to illegally rent the property. Additionally, obtaining warrants to go into the properties is a rarity which furthers hinders access.

Holden has been in touch with Commissioner Robert LiMandri from the Department of Buildings who has communicated that he is putting together a team to better combat illegal housing and address the problem in the area. A spokesman from the city Department of Buildings said that more than 1,100 vacate orders were issued last year, a large number of which were in Queens. Still, he conceded that a large number of illegal dwellings still exist.

“Illegal conversions are a serious problem and we respond to thousands of complaints each year,” said Sclafani. “Structures built in Queens are more easily converted than apartments in Manhattan. Education is the best key to preventing another tragedy.”

Holden suggests that a key part of fighting illegal apartments in the area and elsewhere is targeting sites online, such as Craigslist, where many basement apartments are listed.

Still, Holden said it’s up to more than just city agents to fight the problem. Residents have to be proactive in fighting illegal apartments and encouraged then to call 311 if they have any complaints and later follow up to see what is being done, Holden said. “It’s our community, our block, don’t just sit there and take it.”

Straphangers Campaign Ranks M Train City's Dirtiest

By Tamara Best

The results are in for the 11th annual Subway Shmutz Survey, and for commuters in Middle Village, Ridgewood and Glendale, the news isn’t so good. The most widely used subway in the area, the M line, has been named the dirtiest line of all 22 citywide.

The survey, conducted by the watchdog group the Straphangers Campaign, measures the cleanliness of city subway lines based on 2,200 observations between September and November 2009.

The 6 line, which operates in Manhattan and the Bronx, and the C line, running from Manhattan to Brooklyn, were named the best with a rating of 65 percent for cleanliness.

Lines were rated based on MTA official standards. They were named “clean” if subway cars contained ‘light’ dirt or were ‘basically dirt free’-- generally clean overall.

“Moderately” dirty lines had dingy floors and/or one or two sticky dry spots, while “heavily” dirty cars contained spilled food, sticky wet spots and left some seating unusable. The survey did not take litter into consideration.

Commuters waiting for the M train at local stations had mixed reviews for the state of the line on Tuesday morning.

“It tends to be dirtier headed into Manhattan but to me on the Queens side it is pretty clean,” said Michael Phillips, who was waiting for a Queens-bound train.

Another traveler, Michael Ortiz, said he disagrees with the rating. “I don’t believe it’s the dirtiest train line. I’ve ridden it my whole life and there are lines that are much worse like the D train. There’s usually graffiti but that’s about it,” he said.

Diana Kinscherf, who was waiting for a Manhattan-bound train and rides the M line twice a week, described it as “pretty dirty,” with coffee cups and newspapers all over.

There is some good news about the M line. Straphangers reports that 90 percent of M line trains arrive with more regularity, higher than the average of 87 percent. The line also breaks down less with commuters more likely to get a seat.

At the end of the month, the M and V lines will merge, retaining the M line designation.
The new route will run between Forest Hills and Metropolitan Avenue, with service to midtown Manhattan instead of downtown.

Of the 22 subway lines in New York City, more than half run through Queens. In addition to the M line, the E, F, and V service Rego Park and Forest Hills, the L goes through Ridgewood and the E, F, R and V operate in Forest Hills. No lines run through Maspeth. The F and V lines were also cited for having significant deterioration from last year. Overall, fifty percent of cars were dubbed clean, down from 57 percent in fall 2008, while half grew worse according to the survey.

Gene Russianoff, campaign attorney for the Straphangers Campaign said a reduction in
the budget has decreased the MTA’s cleaning staff, resulting in more dirt in the subway.

"It’s as clear as the grime on a subway car floor: an MTA Transit cut in cleaners has meant dirtier cars,” he said. “And more cuts mean more dirt for subway riders.”

In 2009, there were 1,138 cleaners and 146 supervisors, a decline from 1,181 cleaners and 155 cleaners in 2008. The 2010 budget calls for a further decrease with 1,030 cleaners and 123 supervisors.

“We saw a pretty distinct decline between 2008 and 2009,” said Cate Contino with Straphangers. “We will do the survey again next year and see what happens.”

The MTA also conducted their own semi-annual survey, citing that the overall cleanliness of cars improved over the second half of 2009, according to a report published in February 2010.

However, the MTA and Straphangers differed on its assessment of the percentage of clean cars and overall improvement. MTA cited that an average 95 percent of cars are clean, in comparison to 50 percent cited by the Straphangers Campaign.

MTA surveys are conducted only on weekdays between 8 a.m. and 10 p.m. while the Straphangers’ surveys are random throughout the day and night and on weekends.

The MTA released the following statement in response to the survey’s findings:
With the current budget challenges being faced by MTA New York City Transit, we acknowledge that some subway car floors may not be as clean as our customers expect or deserve. However, we will monitor conditions and shift forces as necessary. We also take the opportunity to remind customers to pitch in and help keep the subway as clean as possible by utilizing proper refuse receptacles.

Despite a harsh review for the M line by the Straphangers Campaign, experienced commuters say it’s all a matter of perspective and subway experience. “All of the lines are dirty,” acknowledged seasoned rider Samantha Villafane. “It’s New York City— you have to get used to the dirt.”

Railcar Causes Health Concerns Among Residents

By Tamara Best

Shortly after 5 a.m. as the night sky gives way to sunrise, residents in parts of Middle Village and Glendale receive their morning wake up call.

Garbage trucks rumble down residential streets and rail cars sit idling as they wait to be loaded with waste before heading to their final destination.

Though the sounds have become in some ways ambient noises to the morning routine, residents and local civic groups say the cars are not only a nuisance but pose a hazard to the quality of life. Over the last few months the battle has heated up, with discussions of waste routes taking center stage.

“We’ve always had the railroad but now they are using our backyards as rail yards and that’s what people in the community didn’t bank on,” said Bob Holden, president of the Juniper Park Civic Association. “It affects peoples lives with the noise and pollution. These people can’t sleep and if you can’t sleep it affects your whole life.”

The trains, which operate using diesel fuel, create soot, mostly made of carbon and other gases including nitrogen dioxide and sulfur dioxide among other pollutants. When combined, breathing them in can have adverse health impacts.

Health impacts from diesel soot in Middle Village “exceeds the risk of all other air toxics tracked by EPA combined,” for lifetime cancer risk, according to the Clean Air Task Force.

Criteria that increase the risk, according to CATF, include living near: highways and busy roadways; bus and truck depots; construction sites; major bridges, tunnels and ports, freight warehouses— and railroad yards and terminals.

“We’re not willing to compromise the effects of our health. Until someone can tell me breathing in that dust is good for me- I’m going to keep coming here,” said Laura Zimmer, Middle Village resident, during the Community Board 5 meeting last week.

Across the nation, Queens ranks in the 99th percentile for unhealthiest counties as it relates to diesel soot intake. According to a study done for CATF, approximately 21,000 people in the U.S. die prematurely each year from breathing diesel soot and 3,000 from lung cancer.

Seeking to counter the effects of the harmful emissions, New York & Atlantic Railway in April announced plans to invest $1 million to aid in emission reduction by one third and its carbon footprint by 35 percent.

In an October 2009 letter to Mary Arnold, a Glendale resident impacted by the trains, the Environmental Protection Agency touted “repowering,” replacing older engines with newer and cleaner certified engines, as the most effective way to reduce emissions.

While diesel emissions pose a hazard, odor and debris from the cars are also a cause of concern. There are primarily two types of rail cars: those that contain construction and demolition debris and those that contain solid waste.

Each type carries its own hazards, depending on how they are stored in the yards. The rail cars with solid waste, covered with solid lids, often emit foul odors during the sweltering temperatures of the summer while sitting in the yard before leaving.

“They shouldn’t leave the trains for hours on end, cooking in the hot sun, stinking up
the entire neighborhood,” Holden said.

However, Holden admitted adding that trying to contain the odor can be difficult. “No matter what you are going to do with these rail cars, the trash is going to stink.” Sealing the lids would trap methane and cause the cars to explode, Holden said.

Though solid waste cars give off pungent fumes, uncovered construction cars can be just as damaging. Though most construction cars have black netting across them, civic groups say it isn’t enough to keep dust and debris from becoming airborne.

Mary Parison, co-chair of Civics United for Railroad Environmental Solutions, said she has stood on porches and see a cloud of white smoke coming from the cars. “There’s plenty of times that there haven’t been netting on them,” she said of the rail cars carrying construction and demolition debris.

CURES along with other groups are pushing local officials to propose legislation that would require railroad companies to utilize a tarp to cover the construction rail cars, as opposed to the netting.

Holden and Parison admit that although seeing change happen in an uphill battle, they are committed to fighting for the communities. Although there are different approaches and ideas to how to improve the situation, Parison said ultimately requires a change in mindset.

“We need to get the railroads to think differently and realize that they are going through the most densely populated areas in New York and there are changes that have to be made,” Parsion asserted.

Trial Begins in Fatal MV Arson

The Forum

The trial of the former Middle Village woman accused of setting a fatal fire during an argument with her boyfriend on Father’s Day 2008 has begun in Queens Criminal Court.

Agnes Bermudez, 48, of Newburgh, is charged with multiple counts of murder, arson, reckless endangerment and assault in connection with the fire in an apartment building at 69th Street and Metropolitan Avenue that killed her boyfriend, William Salazar, and a family of three that lived above the couple. The trial began last Friday.

This week, jurors saw raw footage of the aftermath of the fire that showed Salazar running into the ground floor deli while flames engulfed his body. They also heard a witness recount the death of upstairs resident Flor Sandoval, 48, who fell from the top floor before firefighters were able to reach the scene.

Also killed in the blaze were Sandoval’s husband, Heriberto Garcia- Vera, 68, and son Felipe Garcia, 20. Salazar died four days after the fire.

Police say the fire began after an enraged Bermudez doused Salazar with carpet cleaning fluid before setting him ablaze. The fire quickly spread to the hall and stairs leading to the upstairs family, dooming Sandoval, Garcia-Vera and Garcia. The video was taken from the Z-Star Deli, where employees doused him with gallons of water.

As jurors watched the gruesome surveillance video on Monday, Bermudez “hunched her shoulders and wept,” according to a report in the New York Post.

Her attorney refuted the authorities’ version of events and said that Salazar had actually torched Bermudez during the confrontation.

“The two people from the apartment upstairs came into the store. They were on fire – their hair and their clothes,” Mohammed Al- Matari told The Forum shortly after the fire. “We got them outside of the store and started to pour cold water on them. It was the only thing I could think to do.”

If convicted, Bermudez faces 25 years in prison.

Crime News: Shooting in MV, Burglary in Maspeth

By Conor Greene

Police provided details on several incidents that occurred recently within the confines of the 104th Precinct: a shooting in Middle Village, and a residential burglary in Maspeth.

Daniel Pizzuli, 18, and Daniel Pizzuli, 40, both of 52-30 65th Place in Maspeth, face charges of attempted murder, criminal possession of a weapon, reckless endangerment, assault and menacing following a dispute and shooting on May 23rd in Middle Village.

According to police sources, the pair was arrested after assaulting a 25-year-old man at about 7:35 that evening near the corner of 79th Street and 68th Avenue. The victim was first hit with a bat and then shot in the hand, police said. Both of the suspects were charged in the incident, but the Queens District Attorney’s Office didn’t have any additional details.

Police also reported that a home near 60th Street and 59th Drive in Maspeth was broken into on the night of May 20 while the family was home and asleep. Police say the suspects entered the home through a window, likely after cutting out the screen. They took a wallet and credit cards before fleeing the scene in the family’s vehicle after locating the car keys.

The investigation is ongoing, with no arrests made yet.

Remembering Middle Village Community Activist Robert Doocey

Middle Village resident Robert Doocey, who was active in many local causes around his neighborhood, died on Sunday morning surrounded by his family at Calvary Hospital.

Doocey, who was a longtime member of the Juniper Park Civic Association, was honored on the organization’s Website by neighbor Lorraine Sciulli. “His passing is a great loss for his family, friends and our community… Bob Doocey was a neighborhood activist in the true sense of the description,” wrote Sciulli. “There wasn’t a topic you could mention where Bob Doocey didn’t have an opinion.”

Robert was bon on Jan. 20, 1940 in New York City, the third of eight children of the late Frank and Margaret Doocey of Jamaica Estates. In 1955 the family moved to Allentown, Pa. Robert graduated from Central Catholic High School and attended Georgetown University for one year. In 1961 he joined the Army and was honorably discharged after four years of service.

Robert married Zenaida Rellosa on Dec. 30, 1967. Their children are Terence Edward Doocey of Alaska and Timothy Edward Doocey of New York. After an annulment, Robert married Linda Koh on Aug. 8, 1980 at Our Lady of Hope Church in Middle Village. Their children are Thomas Edward Doocey and Theresa Elizabeth Doocey, both of Middle Village.

In the 1960s, Robert launched a career in the then new field of computer programming. He spent over four decades in that industry, and was a gifted problem solver and a dedicated and valued member of his technology teams. As a pioneer in a constantly-changing industry, Robert was interested in both continually learning and teaching his trade. He taught computer programming classes at several universities and colleges.

After retiring in September 2001, Robert found a new passion with his deep involvement with the JPCA. He was a member of the group’s executive board and assistant editor and columnist of the Juniper Berry magazine. He often spoke proudly of his work with the Juniper Juniors, a neighborhood youth organization focused on graffiti removal, planting flowers in local parks, community cleanups and other projects including It’s My Park Day.

Unwavering in his principals of honesty, friendship, loyalty and forgiveness, Robert earned a reputation as a man able to stand his ground, especially in the face of controversy. He patented his own brand of loyalty and bestowed upon his children the gift of cultivating lifelong friendships. He always meant what he said, and while he set an example to those in his public life as both a professional and gentleman, he taught his family the simple and priceless lesson of saying “I love you” every chance he had.

Robert donated his remains to the Columbia University College of Physicians and Surgeons for the advancement of medical science.

“Rest in peace, Bob Doocey, you made your mark on our world and while you left us far too soon, we will always remember you for your kind, giving, generous personality, and let’s not forget your very funny dry sense of humor, understanding you always had the best interests of the other guy at the top of your priority list,” wrote Sciulli.

Robert’s family will be holding a memorial mass at Resurrection Ascension Roman Catholic Church, 85-25 61st Road, Rego Park, on Saturday at 9:45 a.m.

Details Provided on Atlas Park Stabbing and Ridgewood Flashings

By Conor Greene

Details on several recent incidents, including an apparent stabbing at Atlas Park shopping center, another flashing incident in Ridgewood and arrests for pot smoking in Juniper Valley Park were provided to residents at last week’s COP 104 meeting in Maspeth.

Deputy Inspector Keith Green of the 104th Precinct informed residents that major crime is down about 1.5 percent so far this year. Through the first 17 weeks of 2010there have been 464 major crimes reported, down from 472 at the same time last year. In addition, overall arrests for all crimes are up 14 percent this year, thanks to big increases by the precinct’s patrol unit and detective bureau.

Green reported that there has been another incident in the Ridgewood area of a man exposing himself to young girls on their way to school. There were at least two incidents before Easter and the third occurred last week, all between approximately 7 and 8 a.m. in the vicinity of neighborhood schools. While the victims, who are between 9 and 11 years old, were unable to provide detailed descriptions of the suspect, he is believed to be a Hispanic man in his 20’s who drives a beige car.

A man was previously arrested for flashing incidents within the 104th Precinct, but officers have confirmed that the same individual isn’t responsible for the recent crimes. “We think that he is local and that we will get him soon,” said Green. Police later said the investigation is ongoing, with officers from the precinct and school safety squad dedicated to patrolling each morning along routes where children walk.

Green said the investigation into a stabbing at Glendale’s Atlas Park on a recent weekend was stymied when the victim refused to cooperate with responding officers. In response to concerns from local civic leaders, Green confirmed that an incident did occur at about 3 a.m. on April 17 during an event held at the mall’s Simply Fondue restaurant. “Something happened, but we don’t know all the details,” he said.

Police and ambulances were called after a 26-year-old man suffered an apparent stab wound, but the victim claimed he had fallen and refused to say what happened. “We think there was a fight,” said Green. “He doesn’t want to talk about it, and no witnesses came forward.” While the shopping center has a surveillance system, the attack wasn’t captured on tape. Since the victim didn’t confirm the incident, it was not classified as an assault in the precinct’s crime statistics.

The restaurant didn’t return a phone message seeking comment on the incident, and an e-mail sent to mall management wasn’t responded to. While there haven’t been problems at Simply Fondue in the past, police are now checking to make sure their new hours of operation and events are allowed under the terms of their liquor license. “This raised some red flags, so they’ll be getting some attention over the next few weeks since they changed the way they operate,” said a police source.

Green also reported that, acting on complaints from residents, police made 11 arrests for teenagers smoking marijuana in Juniper Valley Park. In three cases, additional charges were added for criminal possession of a weapon, he added, with the arrests taking place during afternoon and early evening hours.

So far this year, most major crime categories have remained pretty level with the same period last year, according to Green. There has been one homicide – the murder of a transgender woman in her Ridgewood apartment – which was quickly solved, compared with one unsolved homicide at this point last year. There have been three rapes so far, down from five, while robberies are level at 66. Despite a rough two-week period, auto thefts have remained relatively flat, with 99 so far compared to 94last year.

Burglaries, which Green said “are always a problem for us regardless of the time of year,” have dropped eight percent from 135 to 124. The precinct generally ranks among the highest in the city for burglaries reported, so “they are always a concern of ours, and we put a lot into reducing that,” added Green. He noted that a burglary pattern was closed out earlier this year and said there are no current patterns in the area.

While there has been a major spike in felony assaults, with 63 so far compared with 39 at this point last year, Green said the increase is partly due to new guidelines for what incidents are classified as such. He noted there have been 57 arrests among those incidents, a clearance rate he called “very high.” Grand larceny has dropped 14 percent to 109 so far this year.

Rail Company to Upgrade Equipment, Reduce Idling

Residents: Locomotives Need to be Replaced

By Conor Greene

Residents received some good news in their fight to change the way railroad companies operate in local neighborhoods - New York & Atlantic Railway has received a grant for new equipment to lower emissions and reduce engine idling on locomotives.

The rail company announced Tuesday that it has received a federal grant for the equipment upgrade, which it says will reduce engine idling on its eleven-unit fleet and is expected to lower its overall carbon footprint by about 35 percent. The entire upgrade, of which 80% is covered by the grant, will cost about $1 million, according to the company.

To reduce emissions and cut down on the need for locomotives to idle while parked along residential areas – an issue residents say has gotten much worse in the past year – the new equipment will keep water in the engines heated so it doesn’t fall below 38 degrees. That will replace the need to keep the trains idling while parked near homes in neighborhoods such as Maspeth, Glendale and Middle Village.

Still, residents who have raised issue with aspects of the rail operations including noise, emissions, overwhelming odors and security say not enough is being done to address the concerns. Robert Holden, president of the Juniper Park Civic Association, called it a “very small step in addressing the quality of life problems” for residents living near the tracks.

“Lowering emissions on NYA locomotives by one third is fine, but what about CSX locomotives, which are the ones causing the problems in Middle Village?” wondered Holden, who said both CSX and NYA currently use the tracks that cut through Middle Village as a rail yard, with crews working on the trains as early as 4 a.m. “Finding a quick solution to this unbearable air and noise problem is our number one concerns. For residents, finally getting a good night’s sleep would be cause for a celebration.”

Mary Arnold, who co-founded the group Civics United for Railroad Environmental Solutions, pointed out that the locomotives have been used since 1978 and need to be repowered or replaced. “The U.S EPA has said that these vintage locomotives are being used where they do the most harm because of the population density in the city,” she said.

On a Facebook posting, the group also posted the following statement: “Better news would have been that the NY & Atlantic and the LIRR that owns the circa 1978 engines are replacing them with new ones, the way CSX did at Oak Point Yards. The U.S EPA has called these vintage locomotives the ‘low hanging fruit’ of rail emissions reduction in NYC and went on record in 2009 to say that they need to be repowered.”

Residents Hope New Laws Will Resolve Train Issues

By Conor Greene

A group of residents who say local rail operations are destroying their quality of life are hoping that the answer to their problems lies with legislation being considered in Albany. However, it appears that the federal Interstate Commerce Act will make it difficult to enact all of the reforms residents are pushing for.

At last week’s Juniper Park Civic Association meeting, Assemblyman Andrew Hevesi (D- Forest Hills) updated residents and members of the group Civics United for Railroad Environmental Solutions on legislation he is drafting in hopes of addressing residents’ complaints regarding rail operations.

Members of CURES have been working for the past year to address issues including emissions, idling, noise and security along the railroad corridors that cut through Middle Village and Glendale. The group was co-founded by Glendale neighbors Mary Parisen and Mary Arnold, and has been meeting in recent months with elected officials and rail company executives to push reforms they say are needed.

Hevesi told the audience at last Thursday’s session that he is currently working on two pieces of legislation to address some of the concerns, and has three additional related bills coming down the line. “The emissions are a problem, but the biggest problem I’m hoping to address is the garbage trains,” said Hevesi, referring to train cars that pass through the area carrying stinking trash, which is often not secured properly.

However, the efforts to enact reforms on the state level have been hampered by the Interstate Commerce Act, which prevents local officials from putting restrictions on rail companies that operate across state lines. As a result, the rail companies “are not very cooperative” and feel like they “don’t have to listen to anyone,” said Hevesi. Hevesi says his bill circumvents the commerce act by dealing directly with the issue of waste, since transfer stations, such as the one in Maspeth, are located on state property.

The first law would require that smelly waste be transported in containers covered by a solid lid. That bill recently passed the Assembly’s Environmental Conservation Committee, paving the way for it to be acted on in the coming months. The second law would institute stiffer financial penalties for rail companies who violate that requirement, as the current fines are “very small,” according to Hevesi. Under his proposed law, the fines would double for subsequent violations, meaning companies could be fined up to $90,000.

“Right now it is a small hit, so they don’t care,” said Hevesi, adding that the rail lobbyist in Albany is opposing the measures and that every Republican on the committee voted against the legislation except for one GOP member. “The bottom line is, they’re gearing up for a fight… This will be a protracted fight, but we’re going to fight it.”

In the meantime, residents say they are still forced to endure unbearable noise from idling locomotives at all hours of the night and early morning. “I do not have an alarm clock because I do not need one,” said Anthony Pedalino of 69th Place, where trains idle for more than a half hour “every single weekday of the year.” As a result, many neighbors are attempting to sell their homes, something Pedalino said he is now considering. “It is a total sham, and I blame it mostly on the elected officials,” he said.

In response, Hevesi delivered some bad news: while he is attempting to tackle the issue of garbage trains through legislation, he is likely unable to resolve the issue of idling trains. “I want to be really candid – the idling I don’t think I can do much about.” As a result of the Interstate Commerce Act, those issues would have to be tackled in Congress, according to Hevesi. “I just want to be candid. It’s a very difficult issue.”

A representative from the city Department of Environ-that inspectors visited that area on a recent morning to measure the noise coming from the trains. He reported that the area was “very quiet” at 5 a.m., before any trains arrived. However, he described noise caused by a locomotive that arrived at 5:30 as “very, very uncomfortable” and “intolerable.”

Hevesi said the rail companies will likely claim those local standards don’t apply to their interstate operations. The DEP official said it appeared the problem could be alleviated by simply moving the trains away from the residential area, as they are currently parked right next to homes.

“We certainly deserve a good night’s sleep. Without that, there’s no quality of life,” said JPCA President Robert Holden, adding that the problem will only get worse if legislation Mayor Bloomberg is pushing is approved. Under that plan, trash from additional communities around the city would be transported through the Glendale-Middle Village area by rail, according to Holden.

Attempted Deception Burglary Leads to Huge Police Response

Details of Maspeth Incident Provided at COP 104 Meeting

By Conor Greene

Crime is down and arrests are up in the area so far this year, according to the
104th Precinct, which was able to fight back from a spike in incidents that occurred earlier this year.

So far this year, major crime is down 4.6 percent in the precinct, which covers Maspeth, Middle Village, Glendale and Ridgewood, according to Lt. James Lombardi of the Special Operations Unit. At the same time, arrests are up throughout the precinct, he told residents at the monthly COP 104 session, which was held during last week’s Juniper Park Civic Association meeting.

While felony assaults are up 32 percent this year, there have been a total of 31 arrests in connection with the 41 assaults reported this year, according to Lombardi, who estimated that 90 percent are domestic in nature. After a large spike earlier this year, burglaries are up just one percent, or one additional incident, compared with the same time last year.

“We were able to get that under control recently,” said Lombardi of the spike in crime that occurred throughout the precinct in the first few months of 2010. One bright spot, he added, is graffiti arrests, which have risen 437 percent this year. There have been 43 graffiti busts so far, compared with just eight at the same time last year. “Everybody is doing their job. It does take some time because we have to identify the tags.” He said that three individuals recently served jail time after being arrested on graffiti charges.

A resident asked about a huge police response last Thursday on 73rd Street near 57th Avenue, when a number of squad cars and a helicopter descended on the neighborhood.

Officer Tommy Bell from the precinct’s Community Affairs Unit explained that huge turnout was in response to a report at about 10:30 a.m. of an attempted burglary. An individual who claimed to be a Department of Environmental Protection employee fled the scene when the homeowner became suspicious, leading to the huge response.

According to Bell, the incident was consistent with past deception burglary attempts that have taken place both within the confines of the 104th Precinct and across the city. Any ongoing citywide crime patterns tend to result in a large response from law enforcement, he added.

Former CTK Basketball Coach Indicted on Child Sex Abuse Charges in Boston

By Conor Greene

It has been an up and down week for the Christ the King High School basketball program, as former longtime head coach Bob Oliva was indicted in Massachusetts on sex abuse charges, four days before both the boys and girls programs captured a state title.

Authorities in Suffolk County announced last Thursday that Oliva, 65, has been accused in a three-count indictment of molesting a young player and showing him pornography during a trip to Boston in 1976. Oliva, who resigned last year after 27 years at the helm of the school’s basketball program, is scheduled to be arraigned on the charges on April 12. If convicted, Oliva could spend the rest of his life in prison.

The Suffolk County District Attorney didn’t identify the alleged victim, but in 2008 Oliva notified the Middle Village school’s board of directors that he had been accused of abusing longtime family friend Jimmy Carlino. In May 2008, a Florida attorney sent Oliva a letter informing him that Carlino would drop the matter in exchange for a $750,000 payment and Oliva’s resignation by the end of that school year.

At the time, Oliva denied the charges before stepping down in January 2009 as head coach, citing heart problems caused by the stress of the allegations. He compiled a record of 549-181 and won four city championships while coaching several future NBA stars including Lamar Odom and Jayson Williams.

While the statute of limitations has expired in New York for any alleged incidents that took place between Oliva and Carlino in the 1970s, the Suffolk County DA is able to pursue the charges because time a suspect spends outside of Massachusetts is not counted against the statue of limitations. Prosecutors allege that the abuse took place at the Boston Sheraton during a trip Oliva and Carlino, then 14, took to see a Yankee-Red Sox doubleheader at Fenway Park.

“Cases of child sexual abuse are some of the most painful we see as prosecutors,” said Suffolk County DA Daniel F. Conley in a statement. “The victims can carry feelings of shame and guilt for decades before they’re ready to tell what happened to them. Oftentimes, it’s only in adulthood that they realize the abuse was not their fault.”

Suffolk prosecutors say the victim disclosed the abuse to Boston police last year. An extensive grand jury investigation was then launched, with “numerous witnesses” called to testify. According to the Daily News, Carlino and others connected to Christ the King, including former major league baseball pitcher Allen Watson, testified before the grand jury in February. Two other men told that newspaper they testified before the panel and had also been abused by Oliva. Additional charges could be levied against Oliva as a result.

Oliva met Carlino, who attended Archbishop Malloy High School, when the coach owned an Ozone Park bar called the Short Porch, where the youngster’s father bartended.

In a bright spot for the school’s basketball program, the Royal’s defeated Boys & Girls, 52-49 in the state Federation Class AA game on Sunday in Glen Falls. It was the first championship for the boy’s program since Oliva led the 1989 team to the title. In addition, the school became the first in tournament history to win both the boys’ and girls’ titles, after the lady Royals defeated Sachem East earlier Sunday.

Bid for JVP Dog Run Hits Dead End

By Conor Greene

The push for a dog run in Juniper Valley Park has hit a road block after three proposed locations there were rejected by a Community Board 5 subcommittee. With no viable locations having been identified within the Middle Village area, the board has suggested the new Elmhurst Park as a possibility.

At last week’s CB 5 meeting, Dog Run Subcommittee Chairwoman Kathy Masi reported that the three proposed locations in Juniper Valley Park – near the area along 80th Street and Dry Harbor Road dedicated for passive recreation, between the soccer field and track in the western portion of the park, and behind the roller hockey bleachers – had been rejected earlier this month.

“Basically, we had opposition from all over the place, including residents, community groups and civic associations,” said Masi of local reaction during a December visit to the sites, an event she called “one of the worst experiences” she has had during her years of community involvement. “It was just not a nice situation – I was embarrassed by the behavior of all sides,” she added.

The community board eventually voted to send a letter to Community Board 4 about the possibility of setting aside space in Elmhurst Park, which is under construction at the former gas tanks site on Grand Avenue near 74th Street. Part of the thinking behind that idea is since the land is still “in the process of being dug up,” it would be easier to construct on there, said Masi.

On Tuesday, CB 4 District Manager Richard Italiano said he hasn’t received the request yet and would have to run it by his full board before commenting. A spokeswoman for the City Parks Department said the agency is open to considering proposals for dog runs provided a committed group agrees to maintain the area and a funding source is identified to fund creation and upkeep of the facility. “Once these precursors are in place, Parks can consider the feasibility” of a specific site such as Elmhurst Park.

Still, the idea of using space within the six-acre Elmhurst Park didn’t set well with some board members including Manny Caruana. “I can’t believe we would choose to put dogs where we put people. There isn’t room for both there,” he said. An informal straw poll of the board showed that about two dozen members, or roughly half the group, were in favor in general of having a dog run in CB 5.

In an interview Tuesday, Masi stressed that the letter to CB 4 is merely a suggestion. “From what I got, it didn’t look like they had open arms, and that’s okay,” she said. “I wouldn’t want to impose something on someone, so if they don’t want it, fine.”

There are other issues to hammer out on top of finding a suitable location, including a plan for funding both construction and ongoing maintenance of the dog run, according to Masi. “Looking for a dog run [location] was a little premature,” she said. “Part of this is my fault; I assumed they knew what they were doing.” She has since provided the group with information on forming a nonprofit organization, but in her view “nobody’s done anything else expect come to meetings and say they want a dog run.”

Masi also said that the group advocating for the dog run has shrunk considerably after members found out that installing a dog run would mean the end of off-leash hour privileges in Juniper Valley Park. Currently, dog owners can allow their pets to run free in the park during certain early-morning and late-night hours.

For a location to be deemed appropriate, it would likely have to be in an out-of-the-way area not near homes. Masi said that while some advocate have pointed to the run in Forest Park as a possible model, she found that area to be “disgusting” during several visits there. “I would never advocate to have that situation in Juniper Valley Park,” she said. “Of every run I’ve looked at, the really nice ones have private funding.”

At this point, it appears the push for a dog run has hit a dead end, unless the dog run group can come up with a funding plan and an appropriate location is agreed upon. “I’m willing to see this to the end, but I’m not sure where the end will lead,” said Masi. “We’ll wait to hear from CB 4, and then decide what the next step will be. Hopefully by the next meeting we will have something to discuss and the dog run people will have their ducks in order.

Precinct Battles Burglary Spike

By Conor Greene

Residential burglaries are up throughout the precinct, including a huge spike over the past month - in part due to an apparent pattern in Maspeth.

The 104th Precinct has seen a 40 percent rise in home break-ins during the past 28-day period and an increase from 71 to 77 for the year to date, Captain Ray DeWitt reported at Monday’s COMET civic meeting.

There was good news in other major crimes last month, including decreases in robberies, assaults, grand larceny and auto thefts, according to DeWitt. However, burglaries con- tinue to be a problem through the precinct’s confines, and a pattern has been established by the NYPD in northern Maspeth.

“It’s throughout the precinct, all over and not confined to one neighborhood,” said Officer Tommy Bell of the precinct’s Community Affairs Unit. “But there is a pattern in the Maspeth area. They’re all so close to 73rd Street. We believe one person may be responsible for all those.”

There was one burglary between 7 a.m. and 3:30 p.m. on February 23 near 53rd Avenue and 73rd Street, when a number of items were taken, including jewelry and bags. The same afternoon, there was an unsuccessful attempt on the same block when a homeowner found a Hispanic man trying to pry his way into her home through a rear window.

There was also an assault during attempted burglary at 57th Road and 71st Street on the afternoon of February 20. The resident was home at the time and was punched in the face by the would-be thief. Civic member Mike Harte noted that it took police over an hour to respond to that incident, even though it was a crime in progress and the perp fled.

Officer Bell said the call was dispatched to the precinct as a past incident, meaning it wasn’t prioritized correctly. “The [investigation] process started when the officers got there, but obviously they should have gotten there sooner,” he said.

Many of the burglaries have taken place during daytime hours when the homeowner is at work, cautioned police. Other recent Maspeth incidents include:

February 23, a perp broke into a house near 67th Street and 51st Road after breaking a rear window.

Tools and copper were stolen from a construction site near 69th Place and 52nd Street during the daytime on February 19.

There has also been a recent string of break- ins in West Maspeth between Maurice and Grand Avenues:

A house near 59th Avenue and 57th Road was entered through a rear window between February 19 and 23rd, with unknown items taken.

No items were reported stolen after a perp entered a residence near 56th Drive and 61st Street between 5 p.m. and 8:30 a.m.
on February 20-21.

And on February 20 at about 7:20 p.m., a tenant heard glass breaking from an adjacent vacant apartment near 58th Street and 57th Place in West Maspeth. The tenant heard glass breaking and saw two men jump from a front window.

While the precinct’s northern area has been hit especially hard lately, police say other areas of Ridgewood, Middle Village and Glendale haven’t been spared. The 104’s burglary stats took a huge hit last week, with nine on Monday and Tuesday alone, said Captain DeWitt. Of those, five were in Maspeth. There have been 19 burglaries overall in the past two weeks.

Areas hit in other neighborhoods include a break-in along the 500 block of Seneca Avenue, where a front door was pried open; a daytime burglary on 84th Place near 64th Road; and a burglary on Harman Street near Woodward Avenue while the resident was out for the evening.

Deception Burglaries and Frustration Over 311 System Plague 104th Precinct

By Conor Greene

This month’s COP 104 meeting in Maspeth Town Hall focused on two issues impacting residents throughout the precinct: deception burglaries targeting seniors and frustration over lack of follow up by officers on complaints registered to the city’s 311 system.

Recent Crime Stats

Major crime is up just more than seven percent through the first six weeks of 2010 compared with the same time period last year. There have been no homicides and one rape, 27 robberies – up one from last year – and 58 burglaries – down one from last year. Auto theft is down one from this time last year, with 36 so far in 2010.

However, there have been sharp increases in felony assaults, with 24 compared with 18 last year, and grand larceny, with 56 this year, up from 47 in 2009, according to Deputy Inspector Keith Green, commanding officer of the 104th Precinct.

In all, there have been 202 total major crimes, up from 188 at this point last year. The good news, said Green, is that arrests are also on the rise, up 15 percent this year for all crimes and nearly 13 percent for major crimes. Over the past two years, arrests are up 24 percent, according to Green.

“So far, we’ve kept the burglaries at the same level as last year, which is very big for us,” said Green. “It has traditionally been a big problem in the 104 and the rest of Queens.”

Police Warn of Deception Crimes

Police are warning residents, especially the elderly, to be aware of individuals posing as utility workers to gain entry into homes. There have been two recent so-called deception burglaries within the 104th Precinct in the past two weeks, according to Green.

The recent incidents have occurred in Glendale and Ridgewood, and are believed to possibility be part of a larger pattern happening throughout the borough and city, said Green. The thieves generally approach the elderly, especially those living alone, and say they need to enter the house to check on pipes or electrical work.

“They convince you they need to access the house to check on something. They are very convincing,” said Green. Once inside, one perpetrator will distract the homeowner while the other slips away and looks for items to steal. In one case, the victim was approached outside her home and allowed them inside before realizing they weren’t legitimate. While she was able to get them out quickly, they managed to steal a check off her table.

There were no injuries reported in either recent incident, according to Green, who said the perps generally don’t get physical and look for jewelry, cash and other small valuables they can quickly grab. “There are professionals who travel around and do this,” the commanding officer said. “Don’t ever let anyone in your house you didn’t call. There is just no reason to,” he said, adding that residents who are approached should call 911.

The suspects in the most recent incident, which took place at a two-family house on Stanhope Street, were described as two white men ages 35 to 45. In the Glendale incident two weeks ago, the victim didn’t get a good look at the suspects. However, a mailman saw the incident and blocked the street with his mail truck. The suspects were forced to back down the one-way street in a silver truck and fled the scene, according to Green.

Tough Times in Upper Glendale

Civic leader Kathy Masi reported that it has been a “rough time in upper Glendale” with a recent rash of incidents in the vicinity of Doran Avenue. In recent weeks, there was an incident with a man flashing a pellet gun after an incident at a nearby bar, along with several attempted and suc- cessful home burglaries.

“We’re convinced that it’s coming right from the block,” she said of possible perpetrators. “We’ve had quite a bit in upper Glendale, and I don’t know what we can do. It hasn’t been a good two months here.”

The burglary incidents have had a “terrible effect on seniors,” added Masi, adding that one woman fell down her stairs and was badly injured while checking to make sure her basement door was locked. “It’s really frightening,” said Masi. “You’re not even seeing what’s going on that doesn’t factor into the [precinct’s crime] numbers.”

No Response to 311 Complaints

A family from Admiral Avenue in Middle Village aired frustrations over a lack of response to complaints they have logged with the city’s 311 phone number.

The family has been dealing with loud music ever since new tenants moved into the home adjacent to theirs. This has led the family to file numerous complaints with 311, only to watch as the complaint is classified online as being resolved, even though the music continues and no officers ever showed up to investigate, according to the family.

“We’ve called 311 and nothing ever happens,” one member said, adding that they are sure no officers responded because they sit outside their house for several hours waiting. “It says the police department responded and took action, but the music doesn’t go off.”

Robert Holden, president of the Juniper Park Civic Association, said he has regularly heard similar complaints from other residents. “We’re hearing this over and over again. Something is wrong with 311 when it comes to dealing with the precinct,” he said. “This is not isolated – it’s happening all over. We’ve heard this for several years now. This is a legitimate complaint. We’ve got to find out what’s going on with 311.”

Green said he would look into these incidents and check which officers were assigned to respond to the specific calls to see what went wrong.

Civic to Mayor: Clear Snow off City Property Before Threatening Residents

By Conor Greene

After the snow finally stopped falling following last week’s blizzard, Mayor Michael Bloomberg issued a stern warning to property owners: start shoveling, or risk being fined.

However, in the aftermath of last week’s storm, which dumped up to 15 inches of snow on the city, many municipal-owned walkways and properties throughout Queens were not cleared, even as another storm arrived Tuesday. In light of that, the Juniper Park Civic Association is calling on the mayor “to get his house in order before threatening home and business owners” with fines.

“The mayor loves to preach but this is a good example of how out of touch with reality he really is,” said civic President Robert Holden, who on Friday photographed about a dozen city-owned properties around the Middle Village, Maspeth and Elmhurst area that remained snow and ice covered, more than a day after the storm ended.

“I’m sure that public areas in Manhattan are cleared but the mayor should try getting into his SUV and drive through Queens and the other boroughs,” continued Holden. “Most city-owned sidewalks in our neighborhood are never cleared of snow.” He stressed that homeowners who don’t shovel should be fined, but thinks the city should have its properties in order before issuing summonses to residents.

The city’s lack of snow removal was especially insulting in light of the mayor’s warning that property owners would be fined if they failed to clear sidewalks – a warning that was subsequently followed by ticket blitzes in several neighborhoods. “It’s reasonably warm, so the shoveling should be easy,” Bloomberg said during a press conference last Thursday while issuing the warning.

According to city laws, snow must be cleared from sidewalks within four hours after the snow has stopped falling or by 11 a.m. if the snow stopped falling after 9 p.m. the night before. The fine for not doing so starts at $100, and Sanitation officers reportedly began issuing tickets in some neighborhoods as soon as the grace period ended.

Residents who are unable to remove hard or frozen snow can spread sand or other material to provide traction within the same time window to avoid a fine. However, the JPCA urges residents to avoid piling snow from sidewalks on public streets or around fire hydrants.

Holden said the JPCA has received numerous phone calls from residents - many elderly - who say they have been unable to get around the neighborhood because of sidewalks and pedestrian overpasses that are either snow covered, or blocked by a mound of cleared snow. In one case, a civic member in her early 70’s said she has been unable to reach her local bus stop and get to work because of huge piles of snow blocking pedestrian areas.

Frustrated that the city is seemingly above the law, the JPCA designed a symbolic “NYC Citizen’s Notice of Violation” form as a way for residents to voice their frustration with the city as they encounter treacherous areas while traveling around the neighborhood. Holden wants this effort to also expand to other violations city workers commit on a routine basis, such as the workers he witnessed parking in a bus lane while they ran into a deli to buy bagels, or city cars that are routinely parked in front of fire hydrants.

“Why is the mayor above the law? He turns a deaf ear towards Queens and doesn’t get out of Manhattan,” said Holden of Bloomberg. “You walk around Manhattan, and there is no snow downtown or in Midtown… Pedestrian safety is not a priority, and seniors and children are not a priority with this mayor. We have no recourse – this at least is a record of complaints, even if it is symbolic,” he said of the civic’s Notice of Violations.

“The mayor has some nerve threatening homeowners – the vast majority of who are shoveling,” added Holden, pointing to a path near the Long Island Expressway in Maspeth. “This is a week now, and is the mayor’s responsibility” he said of the icy walkway. “What we’re saying to residents is, send a copy [of the symbolic ticket] to the mayor to make sure he knows about it.”

The mayor’s office did not respond to a message seeking comment.

Fire Companies Again on Chopping Block

Mayor Seeks to Close $4.9 Billion Gap in Preliminary Budget

By Conor Greene

With a sense of déjà vu, local elected officials are ready to fight back against Mayor Bloomberg’s proposal to eliminate at least 20 fire companies in an effort to close the $4.9 billion gap in the city’s $63.6 billion budget.

The fight is a familiar one for City Council members – last year’s budget also included the elimination of 16 fire companies, including Engine 271 on Himrod Street. Those closures were eventually avoided when Council members used discretionary funding to restore the FDNY budget. However, that was a one-time solution that is unlikely to be repeated year after year, especially with the number of closings increased by four.

Last Thursday, Mayor Bloomberg unveiled his preliminary budget for 2011, which includes reductions to almost every city agency. However, as bad as it is, he warned that deeper cuts would be needed if Governor David Paterson’s proposed budget is adopted. That would result in an additional $1.3 billion gap, forcing the firing thousands of city employees, including 8,500 teachers and 3,150 police.

“New Yorkers continue to feel the harsh impact of the deepest national recession in more than 60 years, and as many businesses and families continue cutting back on their budgets, so too must city government,” said Mayor Bloomberg. “Because of the early steps we took to diversify our economy and keep our fiscal house in order, we’ve avoided the very worst-case scenario, but we still face a very large deficit that will require very difficult decisions.”

However, as bad as the economic situation is, and as difficult as the decisions are, local Council members all say that cuts to emergency services shouldn’t even be considered.

Immediately after the preliminary budget was released, Councilwoman Elizabeth Crowley (D-Middle Village), who is chair of the fire and criminal justice committee, released a statement vowing to fight against the closings of any fire companies. “It is alarming that so many fire company closures are even being proposed in the mayor’s preliminary budget,” said Crowley. “We have a responsibility to our taxpaying New Yorkers that when it comes to safety, we deliver.”

Councilman Eric Ulrich (R-Ozone Park) said haven’t been announced, “we do know that every year when we go through the budget dance there is always one on the chopping block that would affect our community.”

He agreed that funding for emergency services “should be baseline in the budget and not up for negotiations… That should be standard, and if we have to make cuts outside that to balance the budget, so be it, but you can’t balance the budget by putting lives at risk, and that’s what the city engages in every year around this time… There are going to be cuts that will be painful, but we have to minimize the negative impact it is going to have on people, and in my opinion, closing firehouses and laying off cops is just unconscionable.”

Crowley stressed that any closings will have a ripple effect across the city. “When you start closing one company here and one there, you’re spreading the whole service thinner,” she said. “I believe we have to maintain a level of protection that is critical for all New Yorkers, and when you start closing companies, it impacts the safety of the whole city.”

Last year, the Council was able to avoid the closures by reallocating $17 million in discretionary funding to the FDNY budget. This year’s preliminary mayoral budget cuts about $22 million needed to keep the companies open, which Crowley called a “drop in the bucket” considering the city’s budget is more than $60 billion. “It is tough budget times, but I firmly believe the budget for 2011 is not nearly as bad as it was anticipated to be,” she said. “The economy is showing signs of improvement and anticipated tax revenue is higher than anticipated.” As a result, she hopes that non-essential spending will be able to be cut from the FDNY budget over the next few months.

Newly-appointed FDNY Commissioner Salvatore Cassano said recently that closing even a few companies will require an overhaul of the city’s network of engine and ladder companies. “If we have to close 20 companies, which is a six percent reduction in the number of companies we have, it is going to tax us,” he told the New York Times. “It is certainly the most challenging thing we have faced in decades.”

Several other Council members joined the chorus demanding that the fire companies are removed from the potential chopping block. “This is a very serious problem. Public safety is something we can’t cut corners on,” said Karen Koslowitz (D-Forest Hills). “Fire companies are something we should not close, or even think about closing. It is not an option as far as I’m concerned.”

In a statement, Councilwoman Diana Reyna (D-Ridgewood) said: “In these tough economic times we must use our discretion and act strategically, going line-by-line to protect the funding that allows the brave men and women of the FDNY to continue to serve our residents with the quality and excellence they have come to expect.”

Man Pleads Guilty in Fatal DWI Hit and Run

Stole Running Vehicle Minutes Before Crash

By Conor Greene

A 28-year-old Middle Village resident has pleaded guilty to manslaughter for drunkenly mowing down two young pedestrians last February while speeding through the neighborhood in a stolen car, authorities announced.

Kenneth Guyear, of 64-02 72nd Street, pleaded guilty last Thursday to first-degree vehicular manslaughter and faces the maximum allowable sentence - between seven-and-a-half and fifteen years in prison - when sentenced on February 23.

In pleading guilty, Guyear admitted to killing 16-year-old Robert Ogle (right) of 62nd Avenue and Alex Paul, 20, of Cypress Hills, on Feb. 1, 2009. The pair was walking to the Ogle home after attending a nearby party and was near the intersection of 80th Street and 62nd Avenue when they were struck.

Guyear later confessed to stealing a 2001 Kia that had been left idling with the key in the ignition outside a deli on Woodhaven Boulevard near Alderton Street. After stealing the vehicle, Guyear drove at a high rate of speed through the residential area until he struck Ogle and Paul, who were just blocks from their destination. He was stopped near Dry Harbor Road and Woodhaven Boulevard a short time later by officers who were canvassing the area following 911 calls reporting the struck pedestrians.

Police immediately noticed a strong odor of alcohol on Guyear and took him to the 112th Precinct stationhouse, where an intoxilyzer test showed he had a blood-alcohol level of.126. Guyear also admitted to police to having drank five or six alcoholic beverages and taking two Xanax pills before causing the wreck.

“The defendant has admitted his guilt to a terrible and tragic crime and will serve serious prison time, giving him time to reflect upon his reckless actions that resulted in the untimely death of two young men,” said Queens District Attorney Richard Brown. “This case once again underscores the impact of a person’s decision to get behind the wheel of a car while under the influence of alcohol.”

Following the tragedy, a bill pushed by Councilwoman Elizabeth Crowley (D-Middle Village) that raises the penalty for leaving a running vehicle unattended was signed into law. The fine, which was just $5 at the time, has since been raised to $250.

Ogle was a junior at Brooklyn Technical High School, where his mother teaches foreign language. Robert Ogle played football at Brooklyn Tech until breaking his leg during his freshman year, and previously played with the Pop Warner Queens Falcons team. An aspiring journalist, Robert also had a part-time job at the New York Hall of Science. Paul lived in Brooklyn and had met Robert that night at a mutual friend’s party.

Robert’s father, Brendan Ogle, said he has been in contact with Brown’s office and is “satisfied” with the plea bargain. While there were more serious charges that could have resulted in a longer sentence, there was also the chance Guyear could have been found guilty of a lesser charge. “We have no control over that and at least this gives it closure,” said Brendan. “I am relieved that this chapter ended. I can just go on with my life.”

According to police sources, Guyear has a long history of arrests and had been sent to Rikers Island eight times before the incident in Middle Village. His past charges include stealing a motorcycle while drunk on Atlantic Avenue in Brooklyn, and for robbery and assault after participating in a robbery during which the victim’s ribs were broken. He attempted suicide while in jail following his arrest for the Ogle and Paul deaths.

A civil suit filed by Robert’s parents against Guyear is still pending.

Officials Seeks Details on Removal of Vollies from 911 System

By Conor Greene

The FDNY is insisting that recent changes to the city’s 911 system concerning local volunteer ambulance companies is simply “clerical” and won’t have any impact on the ability to respond to emergency calls. Even so, local elected officials are looking into the matter to ensure that public safety isn’t compromised by the change.

The confusion over the situation began when the New York Post published an article claiming that the city’s 35 community-based volunteer ambulance organizations, or vollies, were kicked off the 911 system. However, according to the FDNY, the vollies were previously given access to the system “as a courtesy” but were never dispatched to respond to emergency calls.

“There are volunteer ambulances out there that previously had access to our system, but that was done as a courtesy,” said FDNY spokesman Steve Ritea. “They are not dispatched through our 911 system and never were. There is going to be no difference when the average person calls 911 for an emergency. The same pool of ambulances that would have been available to respond before this change can still respond. The change for the public is non-existent.”

In “very rare instances” such as during last year’s swine flu outbreak, the FDNY and vollies establish a mutual aid partnership, during which some ambulances not generally included in the 911 system are assigned to help respond to certain calls. “Before those ambulances are even put on that status, we will send them to one of our EMS stations to make sure they have the proper equipment and training,” said Ritea. He said that the total amount of hours during which mutual aid is utilized is only about 30 to 40 a year.

Still, local elected officials said this situation needs to be closely examined to make sure it doesn’t impact response time. “This is an issue that a lot of people don’t know a lot about, but it is actually happening,” said Councilman Peter Vallone (D-Astoria). “Something of this magnitude should not be done without the input of the public and City Council.”

Vallone said the Council’s fire and criminal justice will look into the matter in the coming weeks. “To my knowledge, they were definitely able to log into the system… and now they’re not being given or sharing information with the FDNY in a way they did previously,” he noted. “The ramifications need to be seriously looked at.”

Councilwoman Elizabeth Crowley, who was recently named chair of the fire and criminal justice committee, was working Wednesday to find out more about this change, according to a spokeswoman, and agreed more information was needed about this issue.

“Given that 10,000 to 15,000 people are served by the volunteer ambulance services annually, the FDNY needs to provide us with clear answers as to why they came to this decision, and what the implications are,” said Crowley in a statement. “Over the coming days I will continue to reach out to the FDNY to get answers and to ensure that we are doing everything possible to keep New Yorkers safe.”

According to Ryan Gunning, chairman of the New York State Volunteer Ambulance and Rescue Association, District 4, local vollies have been “dealing with varied response in their contacts with the FDNY” since October. He explained that FDNY EMS issued a command order in 2001 formalizing procedures for communication with vollies in “an effort to maximize system utilization of available resources.”

That order was revoked over the past year, without any notice to local groups, according to Gunning, who is also a president of the Glendale Volunteer Ambulance Corp. “So now that the FDNY EMS has rescinded this order, is it an effort to minimize system utilization of available resources?” he questioned. “Is this the right time? With the current economic crisis at hand, should we really be cutting off contact with the volunteers EMS sector?”

Gunning added that many local groups such as his don’t want to be added to the city’s 911 system, which could mean being dispatched to emergencies outside their area. “The volunteers only wish to have better communications between FDNY and the [vollies],” said Gunning. “We wish to be utilized better in local response within our communities and wish only to supplement, not supplant, existing resources.

Officials Want More Metro Ave HS Seats for Glendale Students

By Conor Greene

As the Metropolitan Avenue school complex gets closer to its anticipated opening this fall, the battle over who gets to occupy the building is continuing with officials pushing for more seats for students in the Glendale area.

On Monday, members of Community Board 5’s Education Committee agreed to present three resolutions to the full board regarding the new complex, with features a 1,000 seat high school to be shared between District 24 and District 28, along with a 1,000seat 6-12 school dedicated solely for District 28.

The three resolutions call for 200 additional seats in the high school for students in District 24 so the two districts would more evenly split the total number of new high school seats. It also asks that a “second tier” be created so that priority shifts to students in PS 91’s zone if the 125 seats in each grade level currently assigned to District 24 aren’t filled from students in the PS/IS 87 and PS/IS 113 areas. The third resolution asks that the high school be opened to both ninth and tenth graders in its first year, instead of just freshmen as proposed.

The resolutions were expected to be voted on by the full CB 5 membership at its monthly meeting this past Wednesday. Check next week’s Forum West for an update on the vote.

In December, Councilwoman Elizabeth Crowley (D-Middle Village) wrote to Schools Chancellor Joel Klein asking that a secondary zone be created limited to District 24 students to ensure the area doesn’t lose part of its 125 seat allocation. “The people of Glendale and Middle Village are in dire need of high school options and those families just outside the local zone should be given preference… before the school opens up to the rest of Queens,” she wrote.

Two weeks later, Crowley wrote to Klein to request that “immediate action” is taken to alleviate “dire overcrowding” in District 24. She proposed that the new Maspeth High School, which won’t be ready until 2012, be opened up in the available space at the Metropolitan Avenue complex, since that facility won’t be filled to capacity for several years. Once the Maspeth High School is complete, the students, teachers and administrators would simply move to the new building.

“As I understand, the [DOE] plans to incrementally ‘grow’ the two new schools located on the Metropolitan Avenue Complex,” wrote Crowley. “During the first years these schools are open the building will be at approximately 25% capacity. I believe we can take immediate action to alleviate the overcrowding of Queens high schools without sacrificing the level of education… If we act now to put together a school leadership team and have the administration for the Maspeth High School to start teaching children as early as the fall of this year.”

The issue of only opening the next high school up to one grade at a time has been met with criticism from some officials and parents due to the current situation. “The DOE’s argument that new schools do better when grades are phased in does merit consideration, but our Queens high schools are massively overcrowded, so delaying utilization of 1,000 new high school seats for many years can’t be in the best interested of our Queens high school students,” Dmytro Fedkowskyj, who is a CB 5member and the Borough President’s appointee to the Panel for Educational Policy, told The Forum.

The DOE said last month that parents and officials had several weeks to comment on the proposed zoning boundaries. The department didn’t immediately return a message for comment on the zoning proposal or the plan to open the school only to 9th grade, and Crowley’s office didn’t receive a formal response to either December letter.

The overcrowding situation in Queens has forced a number of high schools to operate on split sessions. According to Fedkowskyj, Francis Lewis is at 175% capacity on five sessions, Forest Hills High School is at 160% capacity on three sessions, Cardozzo is at 150% capacity on three sessions, and both Grover Cleveland and Newtown are at about 120% capacity while operating on multiple sessions.

At Monday’s meeting, attendees including D24 President Nick Comaianni suggested the three requests be submitted to the DOE as separate resolutions to prevent them all from being rejected at once. “Taking seats away from Forest Hills to give to us is not happening,” he said. “The reality is, Forest Hills will fight tooth and nail for those seats.”

MTA Reportedly Considering Nixing M Train Line

V Line Would be Rerouted to Metropolitan Avenue

By Conor Greene

Western Queens residents and officials are anxiously awaiting official word from the MTA on the future of the M train following reports the agency is considering eliminating the line and rerouting the V train to Middle Village.

The MTA is not commenting on the rumors, which were reported this week in amNY and various transit blogs. A spokesman said Wednesday that MTA officials are “reviewing the package of service reductions that was adopted by our board in December, but I cannot speak to any individual cuts or restorations to services on any of the lines individually as the process is going.”

According to the reports, the MTA would eliminate the M line, which currently terminates at Metropolitan Avenue in Middle Village. The service reduction package contained within the MTA’s doomsday budget adopted in December already includes cutting M service to Brooklyn. The M line would be replaced by the V line in northern Brooklyn through Ridgewood and Middle Village.

In response to the rumors, Councilwoman Elizabeth Crowley (D-Middle Village) said she hopes the service reductions don’t unfairly impact Queens commuters. “Clearly, the MTA needs to be reminded that the people of Western Queens need transit too,” she said in a statement to The Forum. “While the MTA brainstorms a makeover for its doomsday cuts, I hope they will consider sharing the burden with Manhattan riders rather than continually eliminating options for the Queens riders.”

Vincent Arcuri, chairman of Community Board 5, said his Transportation Committee is looking into the situation. He noted that the V line currently provides greater overnight and rush hour service than the M train. “During rush hour you can wait for three trains from lower Manhattan before you get an M,” said Arcuri. “We’ll have to analyze it. I would hope they wouldn’t adjust the schedule down if it went that way.”

According to the MTA, a series of public hearings would be held once any official decisions are made regarding service changes. “We’re a few steps out before anything takes place,” added the spokesman, Aaron Donovan. “Now that we have a little more time to evaluate the cuts, we’re taking a closer look at them.”