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North Castle Ward Vote Scheduled For Nov. 13 After County Board's Rejection

ARMONK, N.Y. -- The North Castle Town Board voted to schedule the ward system referendum for a Nov. 13 special election.

The North Castle Town Board at its Oct. 15 meeting.

The North Castle Town Board at its Oct. 15 meeting.

Photo Credit: Tom Auchterlonie
Tony Futia

Tony Futia

Photo Credit: Tom Auchterlonie

The Wednesday night decision followed an Oct. 9 letter from the Westchester County Board of Elections that rejected including the referendum on the Nov. 4 general election ballot because the referendum is not taking place in an odd-numbered year. Regular town government elections are held in odd years in New York state. The board cited state law in rejecting the town's request.

If a ward system is approved, Town Board members would be elected by districts representing sections of the town. Currently, members are elected at large.

A related referendum, which calls for expanding the Town Board by two seats, was rejected for the general election ballot for the same reason. It also will be included in the special election.

The town is obligated to hold the special election, according to Town Attorney Roland Baroni, unless the person who brought petitions for voting chooses to withdraw them. North White Plains resident Tony Futia repeatedly has refused to withdraw his petition and wait to hold a ward vote as part of the 2015 general election.

The town is required to hold the election by Nov. 16, according to Baroni, because it follows a certain number of days after a petition submission.

The special election will run from 6 a.m. to 9 p.m. and will be held in three polling places: the Armonk firehouse, the North White Plains community center and the Banksville firehouse.

If the referendum was included with next year's general election, it was explained, it would be under the Board of Elections' auspices and would not cost the town extra. In contrast, the town will bear the cost of a special vote.

Costs mentioned during the meeting include paying for inspectors, who cost $225 each, along with printing and mailing election materials. The potential for hiring an attorney who specializes in election law also was mentioned.

Town Board members and other residents implored Futia to reconsider the scheduling, but to no avail.

Neil Baumann said it would cost the town an “enormous amount of money and I think that’s a shame.”

“Why do we have to pay for it if you’re the one that wants it?” asked Debbie Ledone.

Futia admitted he informed the Board of Elections about the legal matter and was aware of it in September, which was met with dismay from others at the meeting.

“I wish you had told us,” said Town Clerk Anne Curran.

Futia defended himself, noting an email that was intended for Baroni. He explained that he had the wrong email address and was off by a letter but that it did not bounce back.

Futia denied he withheld information from the town.

“I didn’t withhold anything.” 

Futia added: “It’s not my fault that the town doesn’t understand the election law.”

Discussion at one point turned to mailers, with the assessor's list at the county's election roll considered as sources of addresses.

Eligible voters include those registered with the Board of Elections and those who sign up during a personal registration, according to Baroni. The date and time for that round have yet to be decided.

Further planning is slated to be part of the board's meeting next Wednesday.

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