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HomeMy WebLinkAboutTB Minutes 1980-01-05 TOWN OF ITHACA SPECIAL BOARD MEETING January 5 , 1980 At a Special Meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Offices at 126 East Seneca Street , Ithaca , New York , at 12 : 00 noon , on the 5th day of January , 1980 , there were PRESENT : Noel Desch , Supervisor ® Victor Del Rosso , Councilman George Kugler , Councilman Shirley Raffensperger , Councilwoman Marc Cramer. , Councilman ® Henry McPeak , Councilman ALSO PRESENT : Gust Freeman David L . Klein Darlene L . Klein Pat Brazo Louisa Massicci Rudolph Massicci Bruce John Ed Bergen Tabby McLafferty Jean Angell H . W . Batt Paul Eberts Donald Lifton Tom Neiderkorn Representatives of the Media : Susan Myers , WHCU Bob Lynch , WTKO Deborah Schock , Ithaca Journal David Hoff , WVBR PLEDGE OF ALLEGIANCE The Supervisor led the assemblage in the Pledge of Allegiance . Supervisor Desch wished all present a Happy New Year . He also welcomed new Town Board Members Marc Cramer and Henry McPeak . ® Supervisor Desch read the following letter from Helen Blauvelt regarding her interest in the position of Town Historian for the Town of Ithaca . ® 977 Danby Road Ithaca , New York 14850 January 4 , 1980 Mr . Noel Desch Supervisor of the Town of Ithaca 126 East Seneca Street Ithaca , New York' 14850 Dear Mr . Desch : I wish to apply for the position of Town Historian of the Town of Ithaca . I came to Ithaca in 1929 and have been interested in local history for a long time . Town Board Minutes - 2 - January 5 , 1980 Since retiring from Ithaca College , I have worked with the DeWitt Historical Society in the Clinton House . Craig Williams , the director of the Society ' s Historical Museum , encourages me to apply for this position and offers the cooperation of the museum . Please feel free to ask for any other information you require . Sincerely , Helen Blauvelt ( Dr . ) The Supervisor reported that Liese Bronfenbrenner had shown ® interest ronen in the position of Town Historian , however , Mrs . Bronfenbrenner felt Dr . Blauvelt was in a better position , time wise , for the job . Mrs . Bronfenbrenner is willing to assist Dr . Blauvelt whenever possible . The Supervisor also reported on Ag District # 8 , which originally included about forty acres of land , in the Town of Ithaca , owned by Willis Hilker . Mr . Hilker is now circulating petitions to property owners in the County . These petitions must be in by Friday , January 11 , 1980 . This will be the Towns only opportunity to participate in the Ag District , within the next year . Supervisor Desch reported he had received the following official document from Judge Paul J . Yesawich , Jr . , regarding his decision on an absentee ballot cast in the November 6 , 1979 election between Gust L . Freeman and Davis L . Klein for a seat on the Tompkins County Board of Representatives . At a Special and Motion Term of the Supreme Court Held December 19 , 1979 , in Cortland , New York , in and for the Sixth Judicial District . Presiding : Hon . Paul J . Yesawich , Jr . STATE OF NEW YORK SUPREME COURT COUNTY OF TOMPKINS DAVID L . KLEIN , Petitioner vs . ORDER SHARY ZIFCHOCK and BARBARA S . FELLOWS Index No . 79 - 1258 as Commissioners of Election comprising ® the Tompkins County Board of Elections , and Gust L . Freeman , Respondents ® For Judgment pursuant to Art . 78 of the CPLR Upon reading and filing the Petition herein verified November 20 , 1979 , by David L . Klein , and the Order to Show Cause dated November 21 , 1979 , and the amended Order to Show Cause dated December 11 , 1979 , and the Answer of Respondent Fellows , verified December 11 , 1979 , and the amended Answer of Respondent Fellows , verified December 13 , 1979 , and all supporting affidavits attached thereto or submitted therewith , and the Answer of Respondent Freeman , verified December 17 , 1979 , and the Order to Show Cause dated December 17 , 1979 , and all supporting affidavits attached thereto or submitted therewith , and the matter duly having come on to be heard on December 19 , 1979 , and Petitioner Klein , having appeared by his Attorney , Martin A . Shapiro , Esq . , and Respondent Fellows , having appeared by her Attorney , Robert I . Williamson , Esq . , the / 21 Town Board Minutes - 3 - January 5 , 1980 County Attorney , and Respondent Freeman , having appeared by his Attorney , Robert I . Clune , Esq . , and oral argument having been had , and each party having submitted memoranda of law , and due and careful deliberation having been had , and the Court having made a written decision dated December 31 , 1979 . NOW upon motion of Martin A . Shapiro , Esq . , attorney for Petitioner it is hereby ORDERED , ADJUDGED , AND DECREED that the subject absentee ballot herein is void and it is further ORDERED , ADJUDGED , AND DECREED that the Respondents , Fellows and ® Zifchock , constituting the Board of Canvassers and Board of Elections of Tompkins County amend the Statement of Canvass of the Election held November 6 , 1979 , to show that in the instant election between Petitioner Klein and Respondent Freeman , the subject absentee ballot ® is void and that the final canvass of votes for each candidate is 348 , and it is further ORDERED , ADJUDGED , AND DECREED that said Respondents , Fellows and Zifchock , prepare and / or amend any other papers , documents , certificates , or statements and file same in a proper manner to give effect to this order . DATED : Cortland , New York January 3rd , 1980 Paul J . Yesawich , Jr . Justice , Supreme Court Supervisor Desch then read the following correspondence from Phyllis B . Howell , Clerk of the Board of Representatives for Tompkins County . January 4 , 1980 I . PHYLLIS B . HOWELL , Clerk of the Board of Representatives of Tompkins County , DO HEREBY CERTIFY to the Town of Ithaca Supervisor and the Town Clerk of the Town of Ithaca that a vacancy exists on the Tompkins County Board of Representatives District No . 12 created by the tie vote of the District No . 12 election . IN WITNESS WHEREOF , I have set my hand and seal this 4th day of January , 1980 . Phyllis B . Howell , Clerk Board of Representatives Tompkins County , New York ® Supervisor Desch then asked Mr . Freeman and Mr . Klein if they would like to make a brief statement . ® Mr . Klein then read the following statement : January 5 , 1980 MR . SUPERVISOR AND MEMBERS OF THE TOWN BOARD : I appreciate this opportunity to appear before you today and ask that you seriously consider appointing me to the Tompkins County Board of Representatives , not because of party affiliation , but because of the merits of my candidacy and ability . When I entered this contest , not only was I an " unknown " , but also very green to elective politics '. The realities of a 600 to 380 Republican versus Democratic voter registration in County District 12 created a formidable obstacle to overcome - - Town Board Minutes - 4 - January 5 , 1980 The obvious analysis of a 348 - 348 vote tie in light of the bias in party registration and previous election results in District 12 , indicates a sizable dissatisfaction among the registered Republicans with the incumbent and general support for me . I might also add that all the local organizations and news media that interviewed both candidates and made endorsements all supported me and not the incumbent . These include the Ithaca Journal , Ithaca Times , Local Chapter of NOW , and the CSEA . There must be a reason for this . Obviously the incumbent ' s performance in office did not convince these groups of his abilities and qualifications to serve the District and the County . Throughout the campaign , I have stressed my professional experience as an architect as being helpful in bringing to the Board a substantial level of experience in planning , ® construction , budgets and governmental business , as well as a firm belief in a sensitive , analytical and rational approach to decision making . My living in Tompkins County is by choice , not chance . I am vitally concerned that we continue to maintain and improve the quality of life here . I hope that your vote this afternoon will be based on an honest and objective evaluation of the choices available and not solely based on party affiliation and partisan politics . I shall be glad to answer questions from the Board . Thank you for giving me your time today . Supervisor Desch then asked Mr . Klein the following questions : Regardless if you are or are not chosen as the representative , will you continue to attend Town Board and Board of Representative Meetings ? Mr . Klein answered yes . Will you consult with Town Board on matters of Town concerns before voting on committees ? Mr . Klein answered yes . Supervisor Desch asked Gust Freeman if he would like to make a statement . Mr . Freeman stated that he did not have a prepared statement to read . However , everyone knows his background and he would stand on his record . He thanked the press for their excellent coverage . He also stated that he would continue , as he had in the past , if appointed to the Board of Representatives . Supervisor Desch then asked Mr . Freeman the following questions : ® Regardless if you are or are not chosen as the representative , will you continue to attend Town Board and Board of Representative Meetings ? Mr . Freeman answered yes . He further stated that during his time in office he has only missed one Town Board Meeting and one Board of Representative Meeting . Will you consult with , Town Board on matters of Town concerns before voting on committees ? Mr . Freeman answered yes , that he would continue his past policy of consulting with the Town Board on all matters . Mr . Thomas Niederkorn spoke in support of David Klein . Mr . Niederkorn saying , he had worked very closely with Mr . Klein 123 Town Board Minutes - 5 - January 5 , 1980 during the campaign . The County is reaching a new state in government complexity . The Representative from the Town of Ithaca needs experience with development and growth . Mr . Klein has an excellent background and therefore , Mr . Neiderkorn endorses him . Mr . Paul Eberts also spoke in favor of Mr . Klein , stating his experience as an architect . Supervisor Desch called for a roll call vote . Councilman Cramer Freeman Councilman Del Rosso Freeman ® Councilman Kugler Freeman Councilman McPeak Freeman Councilwoman Raffensperger Klein Supervisor Desch Freeman RESOLUTION NO . 1 Motion by Supervisor Desch ; seconded by Councilman Cramer , WHEREAS , Judge Paul J . Yesawich , Jr . , ruled a tie in the November election vote between Gust L . Freeman and David L . Klein , AND WHEREAS , following the court decision , the Clerk of the Board of Representatives has declared a vacancy exists on the Tompkins County Board of Representatives District 12 , created by the tie vote of the District 12 election , AND WHEREAS , the Town Board of the Town of Ithaca met in special session on January 5 , 1980 , at 12 : 00 noon , to appoint a representative to the Tompkins County Board of Representatives , NOW THEREFORE , BE IT RESOLVED , that the Town Board of the Town of Ithaca does hereby appoint Gust L . Freeman to fill the vacancy on the Tompkins County Board of Representatives for the year of 1980 . Supervisor Desch Voting Aye Councilman Cramer Voting Aye Councilman Del Rosso Voting Aye Councilman Kugler Voting Aye Councilman McPeak Voting Aye Councilwoman Raffensperger Voting Nay The resolution was thereupon declared duly adopted . ADJOURNMENT ® The meeting was duly adjourned . Ly can H . Swartwood Town Clerk