A Main Street, Wiscasset property owner on Monday argued through a lawyer that selectmen aren’t authorized to decide on the cooperative agreement with the state on the downtown improvements project. The board is scheduled to consider the agreement Tuesday night. Reached Monday, Chairman Judy Colby said the letter was being passed on to the town’s legal counsel to review.

Colby said she had read the letter but had no additional comment on it. Asked if the board will still consider the agreement at the Tuesday meeting, set for 6 p.m. at the municipal building, Colby said she hopes so, but it will depend on hearing back from the legal counsel.

Reached earlier Monday afternoon, Town Manager Marian Anderson said she had not yet read the letter due to the Internet being down in the office. She would contact the newspaper when she had new information, Anderson said.

The Wiscasset Newspaper received the letter by email. In it, Portland attorney Robert S. Hark states he represents Wawenock LLC, owner of property at 63-85 Main Street.

“Although the (proposed) motion is framed as the board authorizing the Town Manager to sign the agreement, the more substantial issue is the authority of the board itself,” Hark writes. “(The board) must obtain ... town meeting authorization (because) the agreement includes terms that require the Town to pay for various Project-related costs.” The nonbinding vote Wiscasset residents took in June doesn’t count as authorization, he argues.

The letter concludes “the only lawful choice” is to vote down the motion, or refer it to the budget committee to prepare a warrant article. Lark did not immediately return phone and email messages from the Wiscasset Newspaper. Attempts to reach Wawenock LLC were not immediately successful.

Ernie Martin, project manager for MDOT’s Wiscasset downtown project, said the agreement now before the town does not commit town funds, it’s the town telling the state it wants the project to move forward to the design phase. Another agreement, called a municipal-state agreement would follow, possibly in the latter part of 2017, Martin said.

The town would be responsible for maintenance of new sidewalks and other items that make it into the design, Martin said. The dialog he’s having with the town, such as at the Monday, Oct. 17 public safety meeting and upcoming ones with the Senior Center and the Wiscasset Historic Preservation Commission will help him on the design, he added.

Towns, not MDOT, govern how and when their local spending decisions are made, Martin said.