LYNNFIELD — The tension between the Board of Selectmen and the Lynnfield Center Water District (LCWD) has reached a boiling point.
The selectmen have filed a public records request seeking documents from the water commission about the controversial water rate increase that took its 2,600 ratepayers by surprise last month.
In a Freedom of Information Act request dated Jan. 8, Town Administrator Robert Dolan sought records from Nicholas Couris, LCWD’s acting superintendent.
“The Board of Selectmen remain concerned about whether or not the commissioners actually made formal votes to implement these new policies from the rate increase, charging for water by use, and retroactive billing,” said Dolan. “In any government process, and the LCWD is a government entity, there has to be a motion, a second, public discussion, and a vote to legally implement the dramatic changes they made.”
Constance Leccese, LCWD chairwoman, said the selectmen are welcome to any public documents as long as they don’t compromise ratepayer privacy.
But she sees a darker side to the board’s action.
“It’s a not-so-veiled attempt to take over the water district,” she said. “But I don’t know that they will be able to. Our enabling act, which was established by the state in 1939, says we are an independent organization separate from the town. They can try, but it’s highly unlikely they will be successful.”
She said the commission’s attorney has reviewed the minutes of previous meetings and determined the higher rate, its retroactive increase, and the tiered system, were legal.
“The opinion is what we did was perfectly, perfectly legal and legitimate,” Leccese said.
The Massachusetts Public Records Act is designed to guarantee access to public records of government bodies. Anyone can request records for any reason. Public records are defined as any materials made or received by any officer or employee of any agency. Massachusetts’ law allows 10 days for a response.
Among the records requested by the selectmen are:
- Votes and meeting minutes in which the new water rates were discussed and set.
- Minutes and votes taken to authorize a new three-tiered policy of charging higher rates for increased water use.
- All records and votes to bill ratepayers retroactively at the higher rate from November 2017 to November 2018.
This is not the first time the selectmen and the water commissioners have tangled.
Earlier this month, the selectmen submitted legislation to state Rep. Bradley Jones Jr. (R-North Reading) that would amend governance of the LCWD. The North Reading Republican’s role is to shepherd the bill through the Legislature.
If approved by lawmakers, the change would give the selectmen the power to appoint one member of the water commission while the other two would be elected by ratepayers. Today, the three-member Board of Water Commissioners are elected by ratepayers.
In addition, the measure would prohibit employees from serving on the Board of Water Commissioners, and for one year following the end of their employment by the district. The recently retired former superintendent, Kenneth Burnham, served on the board.
Jones said he is aware there are differences between the two boards, but he has yet to hear from LCWD board members.
“Generally, I defer to what the town requests of me,” he said. “This is an awkward situation for the legislator to be put into because this is coming from the selectmen and not a vote of Town Meeting.”
Jones said he is willing to meet with them to discuss any concerns they may have about these changes.
“I’d like to hope the community can get on one page with their concerns,” he said. “I can tell you, I’ve received calls from residents who are concerned about their water bills.”
