WEST MILFORD The legal representation for West Milford over The Valley Ridge Development has become the center of a debate. Trammel Crowe Residential, a nationwide property developer, is fighting for their right to have a 1997 preliminary site plan approval upheld. The plans are for a 109 town home project on nine acres of land adjacent to Union Valley Road. In a recent hearing the judge passed the matter back to the planning board, which will hold public hearings on the matter next week. But in addition to the development itself, there is an issue over the ethics and legal contracts surrounding West Milford’s legal representation in the case. Weiner Lesniak lawyer Glenn Kienz withdrew from representing the township three days before a court hearing was due to take place. Kienz said there was a conflict of interest because the legal firm he is employed by was representing Trammel Crowe in another case. Attorney Steven Glatt stepped in at the last minute. Resident and activist Martin O’Shea alleges that the replacement was not in accordance to the law, originally citing the fact the planning board had not appointed Glatt. He also alleges the later resolutions to do so and the legally-required advertising surrounding the appointment were all flawed. In addition, at Wednesday’s council meeting, Councilman Bob Nolan presented a resolution to investigate Weiner Lesniak in regard to their conduct. Weiner Lesniak lawyers were asked to attend Wednesday night’s meeting but sent a letter instead. Kienz advised he could not attend but said in his letter a full explanation was given as to his withdrawal. He also enclosed a CD copy of the May 25 planning board meeting which recorded his statement on that night. The letter was read by Semrau who quoted Kienz as writing, “The CD contains the statements I made to the board and the public regarding this matter which I believe should suffice for the township council’s purposes. I have reviewed the council’s proposed resolution to commence an investigation into this matter and I am perplexed by it.” Nolan responded, “There are things I think are important to be answered, for instance, when did Weiner Lesniak begin representing Trammel Crowe, and if it was prior to May 11 when they withdrew, why wasn’t that found out sooner by Weiner Lesniak?” In a 3-2 vote, the council asked the resolution be tabled to allow the Township Attorney Fred Semrau the opportunity to write a second letter to the law firm, seeking further clarification. Some of the people who spoke at the meeting blamed O’Shea for instigating unnecessary legal action and creating a bad image of the township to prospective legal representatives. This was linked to the cancellation of a Zoning Board of Adjustment meeting the previous evening. A replacement lawyer refused to serve on the board at the last minute. Zoning Board Chairman Bob Brady spoke at Wednesday’s meeting and said, “Because of the legal wannabees that are in the community we had a situation last night where we didn’t have a meeting because we couldn’t get a lawyer. Our regular lawyer was on vacation We had a contract drawn up for another lawyer, but that lawyer did not want to represent us last evening until the senior members of her firm were consulted.” Brady appeared to narrow the blame for this to O’Shea without naming him, “If you want to get down to brass tacks, for no other reason than loose lips, we had to disappoint eight applicants who didn’t get their applications heard. I think it’s ridiculous what goes on in this community where the legal eagles or pseudo legal eagles, go as far as intimidation and undermining what goes on with other boards.” Frank Hannon, who was appointed as a regular member of the zoning board later in Wednesday night’s meeting, added, “Pretty soon we won’t be able to get quality attorneys in town. We’ll get attorneys who pass the mirror test; put a mirror under their nose and it’ll fog up. With the atmosphere in town here, no attorney is going to want to come and represent the town.” Councilman James Warden, however, placed the fault for the last-minute change on Weiner Lesniak. Warden said, “I guarantee you this is a back door attempt to approve this town home development. If you guys [council members opposing investigation] want to turn your nose up at this and pretend nothing happened here or pretend that this isn’t serious, you are doing a disservice to the people who elected you. There is a huge potential that this is going to negatively affect the lifestyle of this township.” Planning Board Chairman Michael Tfank stood up at the end of Warden’s statements to angrily respond to his allegations, but Mayor Joseph DiDonato drowned out Tfank’s words with demands he sit and remain silent. Council member Phil Weisbecker opposed Warden’s view, “I don’t find this to be of any real value at this time,” said Weisbecker, “I don’t feel personally that there’s anything that has been done wrong to defame the township in any way.” Weiner Lesniak will be asked to appear before the council and provide a face to face explanation of their role in the Valley Ridge matter. In an unflappable response, O’Shea said after Wednesday night’s meeting, “If I’m guilty of all the things I’m blamed for, I’m proud. My time in West Milford has been well spent.” Planning Board hearings into the Valley Ridge development start at town hall next Thursday, July 6, at 7:30 p.m.