(9/15) Introduced to the Town Council in September was a resolution to decide if four open space lots should be dedicated to the Brookfield subdivision or kept for public use by the Town. The final plats for the development state that the four lots (totaling 8.7 acres) were offered to the Town by the developer, Richard Demmitt, in the mid-1990s but they were never officially dedicated or rejected. The development began construction in the early 2000s and is still under construction.

Town Attorney Clark Adams said he could not find any record of the dedication. He searched the Town records and was unable to confirm if the dedication was accepted and the lots were transferred to the Town, just not recorded, or if nothing was done at all. "The original developer would have the deed because of the absence of the record, however the plat says it was supposed to be done." said Adams. "It’s a grey area." Clark said that it's a common problem to have plats that are to be dedicated and no records of the dedication happening.

The confusion surrounding the ownership of the lots surprises many Brookfield residents, as they were told the lots belonged to the HOA already. Some even paid a premium price to have homes that were adjacent to the open space.

Clark was unable to confirm what the ordinance stated back when the final plats were approved, but per today's current ordinance, the developer can declare the lots as private parkland if the Town chooses to reject the dedication. However, since the Brookfield HOA has requested the lots be transferred to them, the developer can transfer the deed over to the HOA if the Town approves it through a deed of easement.

Commissioner Tim O'Donnell asked what the HOA intended to do with the lots. Per Town zoning, they are mandated to remain as "open space" but can be used for recreation purposes and as private parkland. Essentially, an open space area has as little buildings as possible so parks, playgrounds, athletic courts and gardens could be some uses.

Technically, the developer does not have to do the dedication of the lots until Brookfield has reached completion and with ten lots yet to be finished, there is no final date of construction. The Town wouldn’t be required to take ownership of the lots until the entire development was finished either.

After much debate and a vote of four to one (Commissioner Jim Hoover was the dissenting vote), the Town voted to formally reject the dedication and allow the developer to officially transfer the lots to the HOA.