HomeMy WebLinkAboutBOS MINUTES 8-23-1976BOARD OF LIGHT COMMISSIONERS
A G E N D A
August 23, 1976
® 7:30 p.m. - Call to Order
® - Review Of Monthly Balance Sheet
e - Dorchester Savings Bank - Report by Attorney
John Curran re Guarantee Deposit
® - Progress Report on MMWEC
® - R -9 Rebate
Board of Light Commissioners
Minutes of the Meeting
August 23, 1976
Present: Light Commissioners Frank Colella, David Clemmey, Antonino Caponigro
Light Department Manager Dennis Hannon
Light Department Director James Hall
Light Department Office Manager Geraldine Lemieux
Town Counsel James Grady
Meeting opened at 7:45 p.m.
The Board of Light Commissioners reviewed the following items with Mrs. Le-
mieux, Mr. Hannon,and Mr. Hall: the monthly balance sheet, the depreciation
fund, the operating fund, contract demand power costs, acid the conversion
costs for the South Main Street area to 13.8 KV.
Also discussed was the R -9 rebate. Mr. Hall said that the 1976 Annual Town
Meeting voted to turn $70,000 back to the Town from`the Light Department,
but the estimate had been too high; only $58,000 had been received. Mr. Hall
asked that the Board clarify the amount to be paid to the Town by the Light
Department. Commissioner Clemmey moved that the $70,000 originally voted at
Town Meeting be paid to the Town by December 31, 1976. Seconded by Commissioner
Caponigro, voted 3-0.
Mr. Hall reported on the following items: the NEPPA Association Convention,
MEAM, the Gilbert Street substation, utilities under School Street and South
Main Street underpasses for the planned Route 495 and Route 140 relocation.
Mr. Hannon brought up one item to be acted on by the Board of Selectmen. He
reported that the Weston Observatory wanted permission to drill on Lots 70
and 71'1on the assessors' maps for West Street. The land is town property,
and the Observatory has submitted the proper insurance bond for this work.
Selectman D. Clemmey moved that the permission be granted, with the condi-
tions that the work be done during normal working hours and that the land be
* returned to its original state. Seconded by Selectman A. Caponigro, voted 3 -0.
* * *
Representatives of Dorchester Savings Bank, Louis H. Maurer (Vice President)
and Attorney John Curran, met to discuss with the Light Commissioners the
amount of the deposit on the apartment complexes formerly owned by Equity
Realty. Mr. Hannon cited the August 20 letter to the Dorchester Savings Bank,
which stated that the Board of Light Commissioners had set a policy to require
a 3-month light bill average as a security deposit.
Attorney John Curran stated that the Bank felt that this amount was excessive
and arbitrary. He said that Boston Edison and the Boston Gas Company have
never required this type of deposit, and that the Bank, when managing a pro-
perty that has been foreclosed, has always paid its bills.
Town Counsel James Grady asked Attorney Curran to define the bank's position
with regard to the Twin Oaks property. Mr. Curran explained that the bank
took possession of the property on July 27, 1976, when the mortgage was in
serious default. He also explained that the Donald Saunders_ Associates firm
had been hired to manage the propery for the bank.
('* - Motions passed)
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Board of Light Commissioners
Minutes of the Meeting
August 23, 1976
Page 2
Commissioner Caponigro questioned if a lien could be placed against the pro-
perty for the arrears. Town Counsel Grady explained that he has filed a suit
on behalf of the town against Equity (Twin Oaks and Bristol Arms) and against
the four individuals who form Primary Associates. Mr. Grady said that he
would seek attachment of real estate.
Commissioner Clemmey asked that the bank, when selling the property in the
future, explain to the new owners that a 3 -month deposit will be required.
Mr. Hannon said that the 3 -month deposit will be required in the future in
order for this type of problem to be avoided. He asked how long the bank
will manage the property. Attorney Curran said for 90 days.
Light Director James Hall said that he initiated the security deposit of
$5,000 already paid by Dorchester Savings Bank. It was pointed out again
that the larger deposit should be required by the town from the new owners,
in the future.
Attorney Curran expressed that Saunders Associates would like to convert to
individual meters for the apartment units. Mr. Maurer said that it would be
more advantageous for everyone concerned The Board's policy of no indivi-
dual meters was discussed.
After further discussion of the security deposit, the Board agreed that the
$5,000 already paid by the Dorchester Savings Bank would be sufficient.
Attorney Curran referred to a letter dated August 18, 1976, from the Light
Department saying that service would be terminated on September 1 for non-
payment of bills. Commissioner Caponigro moved that the letter he rescinded,
and that the electricity not be turned off on September 1, assuming payment
* is made. Seconded by Commissioner Clemmey, voted 3-0.
Commissioner Clemmey moved that the $5,000 security deposit from Dorchester
Savings Bank be sufficient until their ownership ceases, and that this action
be taken without prejudice towards the collection of an additional amount from
the new owners for a security deposit. Seconded by Commissioner Caponigro,
* and voted 3 -0.
Town Counsel Grady noted that he was, in addition to the suit filed, doing re-
search in other counties for any property owned by the four individuals of
Primary Associates, and had filed a writ of attachment on their personal homes.
Commissioner Caponigro moved to instruct Town Counsel to place a lien on the
property (Bristol Arms and Twin Oaks). Seconded by Commissioner Clemmey,
and voted 3 -0.
Arrears accounts were discussed. Mr. Hall said that he would send out notices
( of termination the day the account is overdue for the complexes. Commissioner
Caponigro asked that the Board of Light Commissioners also be notified. After
further discussion, Commissioner Clemmey moved that the guarantee deposits for
apartment complexes be held for six months, and be subject to review of record
of payment before (if) the deposits were returned. Seconded by Commissioner
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Board of Light Commissioners
Minutes of the Meeting
August 23, 1976
Page 3
Caponigro, voted 3-0.
Mr. Hannon asked that the Board meet with him in executive session to dis-
cuss a matter of litigation. The Chairman of the Board called for a roll
call vote: David Clemmey - yes; Antonino Caponigro - yes; Frank Colella -
yes. The Chairman stated that the Board would return to open session.
In Executive Session, Town Counsel James Grady discussed the contents of
of the law suit being filed against Equity Realty, Inc., and Primary Asso-
ciates. The law suit involves both of these firms and the firm's director
who may be held personally responsible for some of the debts. Also, Town
Counsel Grady advised that he would file a municipal lien against these
properties so that future buyers of the apartments would be notified of
the policy for a 3 -month deposit requirement for the apartments. Select-
man Clemmey moved, seconded by Selectman Caponigro, to return to open ses-
sion. Voted all in favor.
In Open Session, Selectman Clemmey moved that the Board of Light Commissioners
continue the policy of requiring a 3-month deposit from apartment owners ap-
plying for a new service. Seconded by Selectman Caponigro, and voted all in
* favor.
There being no further business, the Board adjourned.
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