BIDDEFORD — Resident Ronald Peaker has filed a lawsuit against the City of Biddeford regarding the wording of a citizen’s initiative referendum question that asks whether the city should install parking meters in the downtown.

More than 2,200 signatures were collected in November 2013 and filed with the city clerk’s office, supporting placing a citizen’s initiative on the ballot. The question to which the signatories agreed was, “Shall the City of Biddeford install parking meters in the greater Downtown Biddeford area?”

On Feb. 18, the city council approved placing the question on the upcoming November ballot. It also modified the question by adding a two-year time limit.

“Within the next two years” was added to the end of the question by the council. This addendum would require parking meters to be installed in the downtown within two years if the referendum passes, and would limit the prohibition on parking meters to two years, if the question fails.

The lawsuit, filed with the York County Superior Court in Alfred on Feb. 25, states that adding an expiration date “was not agreed to by the petition signatories, and therefore, is a substantive change.”

City Solicitor Keith Jacques has said that changes that would substantively change a citizens’ referendum are not allowed. However, he told the council earlier this month that, in his opinion, setting a two-year time limit on the referendum wasn’t substantive.

City Clerk Carmen Morris said she and Jacques have discussed the issue.

“Neither of us felt that adding a time limit changes the substance of the question,” she said.

Jacques stated in an email on Wednesday that he had no comment at this time on the specifics of the suit because he hasn’t had a chance to review the court document with city officials.

City Manager John Bubier said he relied on Jacques’ opinion that the limit is allowable. He said the question, as submitted, is “unclear” on a couple of issues. For instance, said Bubier, there is no definition of what the “greater downtown Biddeford area” includes. Although the council requested a definition from the economic development director, which was provided last week, they declined to include a delineation of the downtown in the question’s wording.

Bubier said the council is allowed to make some changes to citizen referendums.

Although Peaker could not be reached for comment prior to press time, resident Paul Therrien, who is one of the proponents of the referendum, said, “The way we worded it was the way we wanted it.”

He said adding that the time limit “changes the question.”

“We need to let the judge decide this,” said Therrien.

Therrien said if the council amendment stands, it will put in question how citizen initiatives are handled in the future. He noted that when there was a citizen’s referendum on whether or not to close the Biddeford Municipal Airport several years ago, and there was no time limit included in that question.

However, Morris pointed out, the council did amend the question on the airport closure by placing a dollar amount on the estimated cost of the closure.

“The charter is vague on citizen’s initiatives,” she said, “and is silent on a lot of these details.”

— Staff Writer Dina Mendros can be contacted at 282-1535, ext. 324 or dmendros@journaltribune.com.