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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) -1- 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 -2- 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. -3-