Villadom Times Weekly Newpaper Online-April 13, 2011 Issue

Page 12 THE VILLADOM TIMES I • April 13, 2011 Franklin Lakes Surgical center hearing delayed after verbal sparring by Frank J. McMahon Last week’s public hearing of Tice Road Properties’ application to build a surgical center at the end of Tice Road in Franklin Lakes was marred by verbal sparring among the attorney for an objector, the planning board, and the opposing attorney. The hearing was ultimately postponed until May 4. Prior to reopening the public hearing, Planning Board Chairman Frank Conte advised that the board was going into closed executive session to discuss a matter of litigation. Harold Cook, the attorney for Sabra Realty Associates, Inc., which owns the property adjacent to the subject property and is objecting to the application, asked if the subject of the closed session concerned the Tice Road application. Spizziri told him the matter for the closed session deals with litigation, “but not in this matter.” Forty-five minutes later, the board reconvened and Conte advised that various litigations were discussed in the closed session and that, as a result of those discussions, board members Joseph Medici and Joseph Palmieri were recusing themselves from this public hearing due to a conflict of interests. With that announcement, Cook accused the board of violating the state’s Sunshine Law for discussing this application in closed session when that was not on the agenda and there was no reason to do so. He claimed there is no exception in that law to permit such a closed session. Spizziri responded that there was potential litigation involved. “There is no pending litigation in this matter,” Cook said. He argued that if an application could be discussed in closed session due to potential litigation every application could be discussed in closed session because there is always potential litigation. “I always had a lot of respect for this board,” Cook said, “but I lost a lot of it this evening. I’m ashamed of you, Mr. Spizziri. I was lied to. You said you would not be discussing this matter. This is unprofessional. I have always thought highly of this board, but this is unethical. I can’t believe what happened this evening.” Conte explained to Cook that he did not know that this application was going to be discussed in the closed session until he sat down in that session “Then you should have walked out,” Cook said. Cook then demanded that the minutes of the closed executive session be made available to the public. Conte said he would consult with Spizziri after the meeting and let him know their response to this request. Conte then reopened the public hearing, but it was soon halted when Cook raised a question about the board’s jurisdiction in the matter. He cited the state’s land use law and a previous Appellate Court decision. Spizziri said he had not had time to review the legal question raised by Cook which pertained to an excerpt from the New Jersey Zoning and Land Use Administration book, the universally accepted authoritative book on the state’s land use law, and a 2004 Appellate Court decision which Cook claimed required this application to be sent to the board of adjustment for a determination of jurisdiction. Christopher Minks, the attorney for the applicant, countered that Cook’s interpretation of the land use law is “purely self-serving and tells an incomplete story.” He claimed that Cook’s reliance on the Appellate Court decision “is misplaced and represents an optimistic read of the court’s findings in that matter” because he claims it actually supports his client’s position and right to proceed before the planning board. Minks pointed out that Spizziri correctly indicated that the board should allow the applicant to present its case and (continued on page 13) FLOW Notes Volunteers paint the town purple around a track “relay” style to raise funds to fight cancer. Relay for Life of Indian Hills will take place June 11 at the high school located at 97 Yawpo Road in Oakland. At nightfall, participants will light hundreds of luminaria around the track in a moving ceremony that honors cancer survivors and remembers those lost to the disease. The Relay for Life represents hope that those lost to cancer will not be forgotten, those who face cancer will be supported, and that, one day, cancer will be eliminated. Started in 1985, Relay for Life began with one man who walked and ran around a track for 24 hours raising $27,000. This year, Relay for Life will take place in more than 4,800 communities and is expected to raise well over $410 million. To join Relay for Life in your community, call 1-800227-2345 or visit www.relayforlife.org. Cheerleading clinic coming to Ramapo The Ramapo Varsity Cheerleaders will hold a threehour clinic for girls who are interested in cheerleading. The clinic will be held at Ramapo High School’s upper gym, 350 George Street in Franklin Lakes, on Saturday, June 4. This program, which is open to all girls in kindergarten through grade eight, will meet at the following times: girls in kindergarten through grade three, 9 a.m. to noon; those in grades four through eight, 1 to 4 p.m. To register, contact Sharon Winters slwinters@optonline.net or (201) 651-0228. Relay for Life volunteers On April 30, the American Cancer Society will unofficially kick off the Relay for Life season by painting Franklin Lakes, Wyckoff, and Oakland purple. American Cancer Society staff and volunteers will be tying purple ribbons to lampposts and trees. These Paint the Town Purple activities are designed to get the community excited about the American Cancer Society’s Relay for Life of Indian Hills. Relay for Life is an overnight community event. Individuals and teams camp out, listen to bands, take part in activities and games, and take turns walking or running �� BEST NURSERY ��