Woolwich voters will have the opportunity to repeal its pay-as-you-throw refuse contract with WasteZero at the Nov. 3 general election.

The board of selectmen accepted a petition calling for the vote following a meeting Friday afternoon, Sept. 18. The hastily called meeting was held on the advice of Kristen Collins, attorney for the town.

Don Adams of Shaw Road turned in a petition at the town office Wednesday, Sept. 16 seeking a Nov. 3 referendum vote to reconsider PAYT and town membership with its not-for-profit administrator WasteZero. Adams’ petition included 255 signatures.

According to Collins the petition was “arguably sufficient to allow the selectmen to put it through for a vote. The language itself is clear enough in terms of how the article is intended to read, and the requested action is not illegal and would not violate the contract due to the cancellation provision the contract includes.”

But, Collins continued, the board of selectmen “could, in their discretion decide that it is too soon to take the action up again, but a refusal on those grounds alone could be challenged (in court).”

Selectmen were clearly torn by Collins’ opinion.

“I haven’t been at this very long, but long enough to think this is a really bad idea,” Selectman Allison Hepler said. “I believe in, and trust the town meeting process.” But, she added, rejecting the petition ran the risk of a possible lawsuit. “I’m not willing to do that,” she said.

Selectman Jason Shaw said he wasn’t willing to run the risk of a lawsuit either. He was inclined to have the question at the polls and let the townspeople decide.

“The petition has drawn a representative sampling from the town,” Selectman Lloyd Coombs said.

Chairman David King Sr. said allowing the referendum to go forward negated the town meeting vote, which simply wasn’t fair to the voters who took the time to attend and hear the arguments both in favor and against WasteZero membership and PAYT.

Selectman Dale Chadbourne said he respected the town meeting process but supported the petition.

King responded he could support the petition, if it called for a town meeting to repeal PAYT.

When the vote was taken, the tally was 4-1, King dissenting, to accept the petition. Still to be determined is the question itself and how it will be worded. The selectmen hope to have it finalized in time for Monday night’s Sept. 21 regular meeting.