HomeMy WebLinkAboutBOS MINUTES 5-16-1977BOARD OF LIGHT COMMISSIONERS
( Executive Session
May 16, 1977 8 a.m.
Present: Town Counsel James T. Grady, Town Manager Dennis A. Hannon,
Acting Town.Manager- Appointee Stephen J. Conroy; Light Com-
missioners Robert M. DeLong, Frank Colella, Antonino Caponi-
gro; Recording Secretary Diane Hunt
Light Department Director James F. Hall
Meeting dAlged to order at 8:16 a.m. Frank Colella Acting Chairman
Town Counsel Grady explained to the Board of Light Commissioners that
he would give general background on the Equity Realty case and asked
for direction in the Court case, a session of which he world be attend-
ing later this morning. It was noted that Commissioner Caponigro and
Attorney Grady had attended a hearing on this last week.
General Background: Equity Realty owned both the Twin Oaks and Bristol
Arms apartment complexes. orney Grady reviewed the amounts ogled from
both complexes, totalling $32,319.79
Attorney Grady noted that on the Answers to the Interragatories, the
Defendent, Primary Associates, stated under oath that it did not have
any cash, unencumbered assets, etc. to pay the $32,319.79
Attorney Grady reviewed the liability under the law of Primary Associates,
and the fact that the individuals involved, Lawrence R. Jeffery, Ramon
Alan, Elizabeth Shepard, and Donald D. Neuman, were not legally liable
for the debt. He noted that the name of the user was Equity Realty, Inc.,
and that the individuals were never billed under their own names.
Mr. Grady also review the status of the mortgage holders of the property
in question.
Also discussed was the tariff filed by the Town of Mansfield with the
Department of Public Utilities in 1975. It was noted that the wording
was different from the previously filed tariffs - due to a typographical
error, the words "per kilowatt hour" was left out, although it appears
on the monthly bills. It was noted that the last tariff, filed in 1971,
included those Words. The Board discussed correcting the wording in
the latest DPU filing.
Town Counsel Grady also discussed accepting a settlement with Equity
Realty. After further discussion, Commissioner DeLong moved to.authorize
Town Counsel to accept the entrance of a judgement in favor of the Town
against Equity Realty, Inc., and to dismiss the case against the indivi-
duals (named above) with prejudice. Seconded by Gommissioner Caponigro
* and voted 3 -0 (Commissioners Titus and Clemmey not present at meeting).
Fox Run - Town Counsel noted the particulars why it would be difficult
to proceed with criminal charges at this time regarding "jumping the
meters" at that apartment complex. He recommended accepting the $1,000
settlement in this case. Commissioner Caponigro moved to accept the
settlement offer of $1,000 in the Fox Run case. Seconded by Commissioner
* DeLong, voted 3 -0. Meeting adjourned at 8 :37 a.m.
( *- MOTIONS PASSED)
-1-