Connections with developer cited
By Jessica Ercolino, Staff Writer
ROBBINSVILLE — An affordable housing attorney has said two Township Council members should no longer vote on issues involving Sharbell Development Corp.
The township contracted attorney Edwin Schmierer, of Mason, Griffin and Pierson, of Princeton, to review whether Councilwoman Sonja Walter and Council Vice President William Lesniak should recuse themselves from voting on matters involving the corporation because of their relationships with Piazza & Associates, a Princeton company that contracts with Sharbell on affordable housing matters.
The issue was raised at the Sept. 25 Township Council meeting when Councilman Dave Boyne said he recently discovered that Piazza, for which Ms. Walter works part time as a compliance specialist, had entered into a contract with Sharbell in 2006 to market affordable housing units. He contended the appearance of impropriety exists with Ms. Walter voting on Sharbell issues.
Ms. Walter, who sits on the Affordable Housing Advisory Committee, said the administration had full knowledge of the relationship between Sharbell and Piazza and her position there. The councilwoman’s employment at Piazza is on record with the municipal clerk’s office and the state.
”From my perspective, the administration signed off on (the contract between Piazza and Sharbell),” she said. “I resent the fact that they’re saying I tried to hide anything. They knew about this relationship and I could only presume that they were fine with it.”
Ms. Walter said she felt the incident was a personal attack on her, because not only were these issues being discussed outside of executive session, but Mr. Boyne failed to mention that Mr. Lesniak’s brother-in-law is Frank Piazza, owner of the firm, and that he also works part time for the company.
”I don’t think Bill (Lesniak) deserves any trouble, but if this were really an issue of ethics, he should be treated in the same way,” she said, adding that she feels harassed for asking “too many questions” during township meetings.
Mr. Lesniak, who also serves on the Planning Board, lists his part-time employment with Piazza & Associates on his Township Council profile page on the Robbinsville Township Web site, www.robbinsville-twp.org.
Last week, Mayor Dave Fried presented the council with an opinion from Mr. Schmierer, which stated that both council members should not be able to vote on the issues.
”If, knowing all of the facts, an impartial citizen would feel that there is a potential for non-objectivity in decision-making, appearance of conflict exists,” the opinion reads. “Council members must recuse themselves from voting on matters in which they may have a personal or professional interest…with one of the parties/applicants before the Council.”
Township Attorney Mark Roselli supplemented the opinion during the meeting.
”Someone looking at it from the outside can ask, ‘Are they voting that way because their relationship between their employer and Sharbell affects their judgment?’” he said. “It’s the existence of the relationship that raises the prospect. If the vote’s not there, no one can raise that question.”
Mr. Lesniak could not be reached for comment before The Messenger-Press’ deadline, but both Mr. Roselli and Township Administrator Mary Caffrey said Tuesday the councilman expressed that he did not have a problem with recusing himself from Sharbell votes. Ms. Walter said Tuesday she had contacted her attorney regarding the matter and declined to discuss her options further.
”If my attorney tells me to recuse myself, I’d certainly consider doing that,” she said. “If I am wrong, I’m the first person to apologize and try to fix it. But if I am wrong, so was the administration because they knew about the relationship.”
Mr. Roselli said he felt that any other attorney’s advice would be in line with Mr. Schmierer’s opinion.
”I am hopeful that those council members would recognize this advice and adhere to it,” he said, adding that if they did not comply, it could “jeopardize the township’s business” and the council could consider taking formal action.
Ms. Caffrey said Tuesday the township had not yet received a bill for Mr. Schmierer’s services, but the attorney said it would likely be about $300.
Sharbell Development Corp., located on Washington Boulevard in Robbinsville, is most notably responsible for Washington Town Center and The Lofts at Washington Town Center on Route 33. The township’s municipal building and Mayor Fried’s private company, Tricore, rent space in Sharbell’s office building on Washington Boulevard.

