LYNNFIELD CENTER WATER DISTRICT WARRANT
The Commonwealth of Massachusetts
Special District Meeting
7 p.m. February 25, 2019
The Commissioners of the Lynnfield Center Water District invite ratepayers of the District to a Special District Meeting at 7:00 pm on Monday, February 25, 2019 at the Lynnfield Middle School Auditorium located at 505 Main Street, Lynnfield. The Commissioners hereby open the Warrant for the submission of proposed Articles on the Warrant. Any Articles must be properly finalized, in writing, and submitted to the Clerk of the Lynnfield Center Water District by 7:00 pm on Monday, February 11, 2019.
The current Articles on the Warrant are as follows:
ARTICLE 1: A majority of eligible voters present shall select a qualified candidate for the vacant seat on the Board of Commissioners. If no candidates have filed so as to qualify for consideration at the Special Meeting, an election for all vacancies on the commission shall be held at the Annual Meeting.
Candidates for Board of Commissioners (filling vacant seat)
ARTICLE 2: To see if the voters will direct the Lynnfield Center Water District Board of Commissioners to begin the process for recruiting a new Superintendent for the position currently vacant no sooner than the 2019 Annual Meeting. To maintain adequate operational capacity, the Board of Commissioners may exercise its discretion in filling the Superintendent’s position on a temporary basis until such time as the Superintendent’s position is filled on a permanent basis through the recruitment process.
Any qualified candidate who would like to be considered for the vacant seat on the Board of Commissioners must submit a letter of intent to the Clerk of the District by Friday, January 25, 2019.
Memo to chairwoman regarding warrant articles proposed for special meeting
Memo to:
Constance E. Leccese, Chaiwoman
Richard M. Lamusta, Commissioner
Lynnfield Center Water District
From:
Christopher T. Casey, Esq.
Casey & Lundregan, P.C.
Dated: January 15, 2019
RE: Warrant Articles Proposed for Special Meeting
I have reviewed the four (4) proposed articles which the citizen-petitioners have requested be placed on the Warrant for vote at the upcoming Special Meeting. My comments on each are as follows:
Proposed Article 1:
A majority of eligible voters present shall select a qualified candidate for the vacant seat on the Board of Commissioners. If no candidates have filed so as to qualify for consideration at the Special Meeting, an election for all vacancies on the commission shall be held at the Annual Meeting.
This proposed Article is in accord with the LCWD’s Enabling Act, St.1939, c. 336, and therefore should be accepted for inclusion on the Warrant. Section 8 of the Enabling Act provides that “Any vacancy occurring in said board from any cause may be filled for the remainder of the unexpired term by said district at any legal meeting called for the purpose.” Therefore, the vacancy on the Board caused by Ken’s retirement is appropriately filled by vote of the rate-payers at a Special Meeting called for the purpose of filling the vacancy.
Proposed Article 2:
To see if the voters will direct the Lynnfield Center Water District Board of Commissioners to begin the process for recruiting a new Superintendent for the position currently vacant no sooner than the 2019 Annual Meeting. To maintain adequate operational capacity, the Board of Commissioners may exercise its discretion in filling the Superintendent’s position on a temporary basis until such time as the Superintendent’s position is filled on a permanent basis through the recruitment process.
This proposed Article is also in accord with the LCWD’s Enabling Act, St.1939, c. 336, and therefore should be accepted for inclusion on the Warrant.
Section 9 of the Enabling Act provides that:
All the authority granted to said district by this act, except sections four and five, and not otherwise specifically provided for, shall be vested in said board of water commissioners, who shall be subject, however, to such instructions, rules and regulations as the district may by vote impose …. A majority of said water commissioners shall constitute a quorum for the transaction of business …. No money shall be drawn from the treasury of the district on account of its water works except upon a written order of said water commissioners or a majority of them.
(Emphasis added.)
Section 11 of the Act adds:
The district may adopt by-laws, prescribing by whom and how meetings of the district may be called, notified, and conducted; and, upon the application of ten or more legal voters in the district, meetings may also be called by Warrant as provided in section eight. The district may also establish rules and regulations for the management of its water works, not inconsistent with this act or with any other provision of law, and may choose such other officers not provided for in this act as it may deem necessary or proper.
(Emphasis added.)
The Superintendent is not an “officer,” but a managerial “employee” employed by the Board, and hence, not subject to election by the “District.” The proposed Warrant Article does not attempt to usurp this function, but merely to direct it to a limited extent. The recruiting and hiring of the new Superintendent remains with the Board.
Proposed Article 3:
To see if the voters of the District will approve a modification of the existing filter rebate program for District-served residences to increase the potential maximum rebate amount to $2,000 (for equipment and installation combined), to authorize the District Commissioners to expend a total of up to $80,000 for such rebates, and to appropriate a sum of money from any available source to fund such expenditure. Such rebates shall be granted based on consideration of factors including service location, documented occurrence of “brown water,” and the utility of the residential water supply in light of high iron and manganese levels. Such rebates shall be made on a reimbursement basis and may be granted for any installation made since January 2015 that would otherwise qualify based on consistent application of the factors above. Such installation shall be pursuant to a valid plumbing permit, a copy of which permit shall be required as part of the application for reimbursement.
Or take any other action relative thereto.
The proposed Article conflicts with the Enabling Act, and therefore should not be accepted for inclusion on the Warrant. The proposed Article in effect seeks to indirectly usurp the authority of the Board to determine the water rates by grossly expanding the amount of the existing filter rebate program. As is discussed in the next section, the setting of water rates is a matter committed exclusively to the Board of Commissioners, and this function cannot be usurped by the rate-payers through a Warrant Article. For this reason, I recommend that the proposed Article 3 not be accepted for inclusion in the Warrant.
Proposed Article 4:
The Lynnfield Center Water District (LCWD) shall cease and desist the charging of all new water rates passed in 2018 and implemented for water used in 2017 and 2018. The LCWD shall reissue bills to all customers based on the prior rate structure and provide a rebate for all bills already paid. No future rate increases shall be considered by the Board of Commissioners until such a time that a formal rate study, from an independent firm, is conducted and presented publicly no sooner than June 30, 2019.
Or take any other action relative thereto.
The proposed Article conflicts with the Enabling Act, and therefore should not be accepted for inclusion on the Warrant. The proposed Article seeks to usurp the authority of the Board to determine the water rates.
Section 10 of the Act expressly authorizes the setting of the water rates as follows:
Said board of water commissioners shall fix just and equitable prices and rates for the use of water, and shall prescribe the time and manner of payment. The income of the water works shall be appropriated to defray all operating expenses, interest charges and payments on the principal as they shall accrue upon any bonds or notes issued under authority of this act. If there should be a net surplus remaining after providing for the aforesaid charges, it may be appropriated for such new construction as said water commissioners may recommend, and in case a surplus should remain after payment for such new construction the water rates shall be reduced proportionately. Said water commissioners shall annually, and as often as the district may require, render a report upon the condition of the works under their charge, and an account of their doings, including an account of receipts and expenditures.
(Emphasis added.)
Withal, it is clear that the water rates are properly voted on by the Commissioners at a duly-noticed public meeting. The rate-payers cannot usurp this function through a Warrant Article. For this reason, I recommend that the proposed Article 4 not be accepted for inclusion in the Warrant.
I hope that the foregoing has been helpful. Thank you.