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February 13, 1995 Page 14 Executive. In his letter he urged the County Executive to veto petition No. 5898 and refer it back to the Town "for action in a responsible manner. " The basis of his request was some bad information or belief that Town Supervisor Harold Krantz had changed his mind and would side with him in opposing Petition No. 5898 . Town Supervisor Ziegelbauer' s actions also raise substantial questions whether he has improperly received or shared or will improperly receive or share data or information ex parte which Mr. Niesen will not have a fair opportunity to refute. For all of these reasons, Mr. Ziegelbauer must absent himself from any Town vote on this issue. Just as Supervisor Moretti abstained from voting on or debating this issue as a County Supervisor because of the appearance of impropriety given his relationship with Mr. Niesen in other matters, so, too, must Mr. Ziegelbauer abstain. F. Conclusions and Requests For all the reasons stated above, we respectfully request that: (1) The County Zoning Committee approve this petition subject to such changes and/or site-specific conditions as are necessary and are acceptable to Mr. Niesen and no others; (2) The Town Board approve this petition subject to such changes and/or site-specific conditions as are necessary and are acceptable to Mr. Niesen; (3) Town Supervisor Ken Ziegelbauer disqualify himself and refrain from participating as a Town Supervisor in any debate and vote in regard to this petition. Thank you for your favorable consideration of this rezone petition. A proposed resolution is attached as Exhibit D. Respectfully submitted, BELL, METZNER, GIERHART & MOORE, S.C. By: - hA�� l 1,, Rob J. Kasi St phen J. Nording Attorneys for Jake Niesen 011/kao 024288.hr