Page 6 THE VILLADOM TIMES I • May 23, 2012 Franklin Lakes Lawsuit against planning board attorney dismissed by Frank J. McMahon A lawsuit filed against John Spizziri, the Franklin Lakes Planning Board’s attorney, has been dismissed by Superior Court Judge Menelaos Toskos. The lawsuit was filed in May 2011 by Sabra Realty Associates in connection with an application by Tice Road Properties, LLC. The applicant was seeking the board’s approval to build a 16,000 square foot medical office and ambulatory surgical center on two lots at the end of Tice Road adjacent to the Sabra property. The lawsuit named Spizziri, the planning board’s chairman at the time, the recording secretary for the board, and Tice Road Properties, LLC as defendants. The April 27, 2012 order by Judge Toskos specifically granted Spizziri’s application for an order granting summary judgment and dismissed all claims against him by Sabra Realty Associates “with prejudice.” That legal term means the matter was determined on its merits and cannot be filed again in the future. The Sabra attorney, Harold Cook, filed the eight-count complaint in Superior Court. In that complaint Cook, claimed that Spizziri erred and was negligent in advising the board that a surgical center is a permitted use in the borough’s RB business zone, and that the board was negligent in interpreting that the surgical center is a permitted use in that zone. Cook also claimed Spizziri had a conflict of interest in this matter because Sabra’s professional planner is a tenant in a building owned by Spizziri’s wife, and Spizziri did not disclose that potential conflict of interest to the board. Cook also claimed there was a willful violation of the state’s open public meetings act by the planning board when it was announced at an earlier meeting that the board was going into executive session to discuss litigation. Cook claimed the board discussed matters relating to the application at that executive session. In addition, Cook said the planning board’s recording secretary produced minutes of the executive session that did not include certain statements made at the executive session, including one by a planning board member that the executive session was improper and illegal. The public hearing of the Tice Road Properties application was stopped when the lawsuit was filed, and Cook asked the court to stay all action in the Tice Road Properties application and to rescind any action taken by the planning board and to transfer the case to the zoning board of adjustment for a determination of jurisdiction. Judge Toskos declined to enjoin and restrain the application from continuing before the planning board, stating that he felt the issues raised in Cook’s lawsuit would be best addressed after a record is made at the planning board level. The planning board began a new public hearing on the application that eventually ended with the board’s approval of the proposal after Sabra and Tice Road Properties reached an agreement on an amended site plan for the surgical center. Four teachers from the Franklin Lakes K-8 school district have been chosen to receive this year’s Bergen County Teacher Recognition Award. The winners are Stacey Raphael, a kindergarten teacher at Colonial Road School; Ruth Weiss, a pre-K teacher at High Mountain Road School; Erika Ehrlich, a fifth grade teacher at Woodside Avenue School; and Christopher Parr, a sixth grade science teacher at the Franklin Avenue Middle School. “It gives me great pleasure to announce this year’s Bergen County Teacher Recognition Award recipients,” said Superintendent of Schools Dr. Frank Romano. He explained that the teacher recognition program was developed in 1985 for the purpose of acknowledging teachers who exhibit outstanding performance. “The rationale for this program is based on the premise that teaching excellence is one of the most significant factors impacting student achievement and the quality of public schools,” Romano continued. “Further, acknowledging excellence encourages teachers to continue to strive towards that goal. “Congratulations to Ms. Raphael, Ms. Weiss, Ms. Local teachers receive recognition award Ehrlich, and Mr. Parr on this wonderful honor! Among the many thoughtful nominations received, those written on behalf of these teachers clearly rose to the top. Their caring way, dedicated approach, and exemplary teaching have earned them this place among the best.” The Bergen County Teacher/Educational Services Professionals Recognition Program was previously known as the Teacher of the Year award program in Franklin Lakes. The Educational Services Professionals Recognition Act was enacted on Jan. 9, 2004 for the purpose of acknowledging those who hold educational services professional certificates and exhibit outstanding performance. Recognition of educational service professionals is based on their contributions to the success of public schools and the important services they provide outside the classroom environment that improve students’ academic opportunities, workforce preparedness, and overall quality of life. “The recognition of outstanding educational services professionals is an acknowledgment of their efforts and contributions and also provides an incentive to others to (continued on page 24)