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Public Hearing to "Hear Objections" on Sufficiency of Petition for Edgemont Incorporation 7/16/19
Release Date: July 15, 2019

Public Hearing to “Hear Objections”  on Sufficiency of Petition for Edgemont  Incorporation Tuesday, July 16, 2019  at 7:30 PM at  Greenburgh Town Hall

177 Hillside Ave (will be televised on local public access TV)

 

On Tuesday, May 28, 2019,  residents in Edgemont filed a  Petition with the Town for  a referendum vote for Village Incorporation.  The  Petition may be accessed by clicking the link below:

 

http://www.greenburghny.com/Documents/Edgemont%20Incorporation%20-%20Petition%20Attachments.pdf

 

Article 2 of NYS Village Law governs the formation of the  incorporation of new villages in a Town. The purpose of the hearing is to comply with the section of New York State law  2-206(1) that requires a hearing to “ hear objections” as to the legal sufficiency of the petition.

 

Within 10 days after the conclusion of the public hearing on incorporation, the Town Supervisor must judge the legal sufficiency of the petition and issue a decision.   If  the Town Supervisor finds the petition legally sufficient  a referendum will be held in Edgemont within 40 days of the decision.

 

If there are objections related to whether the petition complies with New York State Village Law, the Town Supervisor will consider the objections with former NYS Supreme Court Justice Robert A. Spolzino, who also served as an Appellate Justice in the Second Judicial Court District of New York.

 

  

Rules for the Public Hearing on the Petition for the Incorporation of the Village of Edgemont

 

Village Law §2-206(2) requires that the Supervisor of the Town conduct a public hearing under Article 2 of the Village Law with respect to the petition to incorporate the Village of Edgemont filed on May 28, 2019. The hearing procedures are governed by Village Law §2-206, and in accordance with that provision, Supervisor Feiner has adopted the following rules for the public hearing on Tuesday, July 16, 2019:

 

1. Village Law §2-206(1) provides that the purpose of the hearing is solely to hear objections as to the legal sufficiency of the petition for incorporation, based upon the statute  specified in Village Law §2-206(1)(a) through (g).

 

2. In accordance with Village Law §2-206(3), “[a]ll objections must be in writing and signed by one or more residents qualified to vote for town office in the Town of Greenburgh.”

 

3. Anyone who wishes to object may do so by filing a written objection prior to the conclusion of the hearing. An objector does not have to testify.

 

4. Also in accordance with Village Law §2-206(3), “[t]estimony as to objections may be taken at the hearing which shall be reduced to writing and subscribed by those testifying.” To satisfy this requirement, the stenographer will record all of the testimony at the hearing.

 

5. Anyone who wishes to object to the  sufficiency of the petition must register with the Town Clerk. Objectors may register in advance, or on the night of the hearing. Objectors will be called in the order in which they register.

 

6. Objectors will be permitted to speak for no more than three minutes.

 

7. Testimony will be limited to the subject of the public hearing, which is objections to the legal sufficiency of the petition.

 

8. All those present who are not speaking must be quiet and courteous to the speakers. No one in the audience will be permitted to interrupt a speaker or otherwise disrupt a speaker’s presentation. Anyone who engages in such conduct or is otherwise unruly will be required to leave the hearing room.

 

9. Anyone who wishes to record the meeting (which will be televised and recorded on our local cable TV access channel) must do so from the rear of the auditorium.

 

10. The hearing will continue until 10 p.m., unless Supervisor Feiner decides otherwise. The hearing may be adjourned at the discretion of the Town Supervisor for no more than 20 days from the date of the hearing.




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