On Tuesday February 21st a resident of Edgemont appeared at Town Hall to file a petition to incorporate the Edgemont section of the town as a village. A petition for incorporation is governed by Article 2 of NYS Village Law which specifically outlines the information to be included in a petition, how the petition should be executed and the persons upon which the petition should be served. Significantly, §2-202(f) of Article 2 requires that an original petition for incorporation be filed with the Town Supervisor of the Town in which any portion of the territory proposed to be incorporated is located. Due to the winter school recess, however, the Town Board did not meet this week and I and other members of the Town Board are out of town. I'm visiting my in laws in Florida. As a result, the Town Clerk was advised by the Town Attorney not to accept the petition for incorporation so that the petition can be properly served when I return from Florida. If the petition was improperly filed it would have subjected the petition to a legal challenge later on.
I have written to the individual who attempted to file the petition offering to accept the petition on Sunday (I will be home Sunday) at Town Hall or during the week. During the past year some Edgemont residents have been circulating the petition seeking to incorporate as a village. If the petition signatures include a valid number of signatures there will be a referendum and Edgemont residents will have the right to vote for or against the incorporation. Hopefully, there will be a constructive dialogue regarding the advantages and disadvantages to them of incorporation. Under NYS law only residents of Edgemont will have the right to vote and make that decision.
I will keep residents informed.
Green burgh Town Supervisor