Brunswick’s municipal laws or charter may not allow for a petition’s call to undo a town council decision over that fate of the property at 946 Mere Point Road, according to the town attorney.
Lawyer Stephen Langsdorf told councilors Monday night of his review of the goal of the citizens’ petition and of Brunswick’s charter, which sets how the town governs itself.
A group wants to overturn the council’s Sept. 6 vote to sell the tax acquire downed property so that it could be put back on the tax rolls as an income source.
Instead, petitioners want voters to decide the site’s future.
So far, Langsdorf said, requests to the town clerk’s office for a petition to circulate to voters were made Oct. 17 and 19.
Date requests aside, Langsdorf said “the charter allows only ordinances to be overturned.”
On Sept. 6, “the council’s vote was an order, or a resolution,” said Langsdorf.
Langsdorf also said that he sought clarification of the council’s vote with Town Clerk Fran Smith.
The citizens’ group wants to see the property as a public park instead of selling the land with its waterfront view.
“We feel we’re not trying to overturn something you did,” petition supporter Soxna Dice of Bracken Road said on Monday. “We just want the voters to decide directly.”
Langsdorf clarified municipal law principles for councilors.
“A petition is not meant to overturn orders and resolves,” he said.
“We don’t see this as a proper process,” Langsdorf said to the council and night’s audience. “There should be some finality in this.”
The town, Langsdorf said, is discussing pursuit of a quit claim deed with the property’s owner for a speedy transfer of the land to the town.
District 6 Councilor Jane Millett clarified with Langsdorf that this would be a cost to the town, as the land owner would need to be paid. Yet a court action that delayed the sale also would cost the town money.
In other council discussion and action Monday night, board members voted unanimously to adopt new guidelines to the general assistance maximums.
A public hearing set for the board’s Nov. 21 meeting will focus on proposed increases to shellfish license fees.
lconnell@timesrecord.com
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