In the on going discussions regarding the future use of the Wildwood School, the chairman of the board of selectmen would seem to be operating under a misconception. Essentially it boils down to her thinking that the BOS is the keeper of town property and therefore any proposal for use of the property by another town board is subject to board of selectmen approval.
That is simply incorrect. In the case of leases ( three years) sales (subject to town meeting approval) and temporary uses and other day to day operations, the selectmen can act on behalf of the town in the matters of property. However, when it comes to town property there is specific language that supersedes the selectmen in the bylaws.
Article IV section 1.1
Selectmen shall be the principal officers of the Town, exercising proper control over all matters including Town property which is not specifically delegated by Town Bylaws or specifically voted by the Town.
The "Town" is clearly identified by the following in the town bylaws
Article III section 1.0
In accordance with a vote on March 6, 1971, there is established in the Town of Burlington a Representative Town Meeting form of government, whereby 108 members shall be elected to meet, deliberate, act and vote in the exercise of the corporate powers of the Town. All powers of the Town shall be vested in the Town Meeting except as provided otherwise by law. The Town Meeting shall provide for the exercise of all the powers of the Town and for the performance of all duties and obligations imposed upon the Town by law.
Essentially what this means is that if there is competing proposals for a piece of property by town boards, the board of selectmen has no more of an advantage or authority than any other board. They can make a recommendation to town meeting for a use and it would have just the same weight as a recommendation from the recreation department. Each could propose an article and the article that was passed by the town meeting would be the use approved by the TOWN.
