New London — Mayor Martin Olsen said this afternoon that the City Council will take up the issue Monday of whether the purchase agreement for Riverside Park has been voided by the failure of the city to act before the expiration date.

Mayor-elect Daryl Justin Finizio, who will take office Dec. 5 under the new strong-mayor provisions of the city charter, read a letter from City Attorney Thomas Londregan at a noon news conference at the park, stating that the agreement to sell nine acres of the park for expansion of the Coast Guard Academy had expired and become void.

Finizio, a Democrat elected last Tuesday, said that the contract had a "time is of the essence" clause, meaning the city had only until Monday to close on the sale.

Because the vote to sell passed by only 13 votes, 2,117 to 2,104, a recount was scheduled for Wednesday.

Olsen said he placed Londregan's letter on the Monday agenda of the council, which will also consider a Nov. 10 letter from the federal General Services Administration in which the United States agreed to extend the closing date of the Riverside sale to no later than Dec. 31.

The recount of the referendum vote on whether to sell nine acres of the park will go forward Wednesday.

Olsen said it would be in the community's best interest for the city to avoid any rash decisions. He also questioned the timing of Finizio's announcement.

"If we had a bureaucratic snafu here, we're going to have to be careful on how we move forward as a community," Olsen said. "To a degree, he is over-reaching. I'm not saying he is right or wrong. He's not the mayor yet."

Bob Ross, the executive director of the state's office of military affairs, said his office has been closely watching the Riverside Park sale.

"We're all very interested in this issue," Ross said. "We'll watch the recount tomorrow to see what the will of the people is determined to be. Then we'll watch how the elected leadership of the city responds to this as a legal matter based on their legal counsel."

A spokeswoman for the academy said, "We're looking forward to seeing the results of the recount to confirm the will of the New London voters and to continue to build strong relationships with the city and its community."

Finizio said he was prepared to enter into a new dialogue with the Coast Guard Academy and he feels there are other land-use options available for the academy to expand.

"There are differences between arguable legal technicalities and something as solid as a drop-dead date," Finizio said as he addressed a group of about 40 Tuesday. "A 'time is of the essence' clause is a binding contract. The contract has expired. I didn't do that. The contract did it on its own.

"I am merely bringing to the public's attention a fact," Finizo added. "I am not registering an opinion. I am not influencing a policy outcome. I am stating a legal reality."

The Coast Guard Academy referred additional comment to the General Services Administration, which has handled the sale contract with the city.

jeff.johnson@theday.com