Commission discusses expanding referendum rules to town‑owned property; counsel explains 'send back' mechanics

The commission considered language to add town‑owned real property to the charter’s list of actions that may be subject to a public referendum. Kathleen proposed adding town real property as a fourth category alongside appropriations, bond issues and ordinances and recommended phrasing that any such action be "subject to the rules governing public referendums."

Legal counsel Nick explained how the referendum process interacts with town council votes: where the council’s positive vote has been nullified by an affirmative referendum, the ordinance or action fails; where a negative council vote is overturned by a referendum, the charter provides a one‑time option to send the matter back to council for reconsideration. Nick said the council can then reverse or uphold its prior action; if it upholds the prior decision, the matter is final and not subject to further referendum.

Commissioners tested the mechanics using a hypothetical involving a parcel sometimes referenced as Morris Court and whether an approval to transfer or repurpose town land for affordable housing would stand after referendum action. Commissioners also discussed the limits of local authority and how state affordable‑housing statute 8‑30g can affect uses of town property. The commission left the precise phrasing to staff and legal review and noted the town clerk and council will finalize ballot language during the June schedule.