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1983-08-25 SPM1 A Special Meeting was held by the Town Board of the Town of Wappinger on August 25th, 1983 at the Town Hall, Mill Street, Village of Wappingers Falls, New York. Supervisor Diehl opened the meeting at 4:05 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Gerard McCluskey, Councilman Bernice Mills, Councilwoman Frank Versace, Councilman Gladys Ruit, Deputy Town Clerk Absent: Elaine H. Snowden, Town Clerk Others Present: Joh Holden Adams, Attorney This meeting was called at the Special Meeting of August 22nd, 1983 for the purpose of considering a resolution to protect the senior citizen and handicapped during apartment/condominium'° conversions. The News Media had been informed of this meeting on August 23rd, 1983 by the Town Clerk's office and the record of the person we spoke to and the time is on file in her office. The following letter was received from Jon Holden Adams relating to the apartment/condominium conversions: August 24, 1983 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, NY 12590 Dear Members of the Town Board: In response to the request by Mr. Diehl, I enclose a resolution regulating the status of certain individuals who occupy residential units and buildings being converted to either condos or coops. The resolution attempts to accomplish two things: (1) Confer the right of such individuals to remain iaidgfinitely in said units unless then engage in certain conduct as particularized in the resolution (2) Limit rent increases to that increase of the consumer price index The rental increase works as follows. If a tenant occupied a unit for three years without a rent increase, the landlord would be entitled to increase the rent by the cumulative total (over the three years) of the increase in the consumer price index. Basically, the objective is to keep the rental of the apartment in line with the cumulative price index. It also requires that such price increase not be increased in intervals greater than one year. Before drafting this resolution, I called the Office of Aging of Dutchess County and spoke with Hugh Miller, who apparently is the director of that office. I inquired as to whether there were any recommendations his office had as to this type of resolution and he indicated to me that his agency had not yet formulated such although he liked the idea of tying rent increases to the consumer price index. I also inquired as to whether or not he knew of any other organizations which might have considered this legislation and had adopted recommendations. He knew of none. If you have any questions or comments with respect to the resolution, please call me. Very truly yours, s/ Jon Holden Adams Before the resolution was placed before the Board, Mr. Diehl asked for comments from the public. Eileen Hickey, Director of the office of Assembly Speaker Stanley Fink in Poughkeepsie, wa6'recognized by the Chair and spoke briefly on the state law pointing out that it was not intended to hinder developers from converting to condominiums, but rather to protect senior citizens and disabled who -were not in a position to buy into these condominiums by limiting rent increases in areas of New York State not covered by rent control laws. She had learned from the Attorney General's office that the application from the Hidden Hollow Apartments was on file in that office since January and urged ,,the Board to act -expeditiously on the approval of their resolution. Mr. William O'Hare, Attorney representing the developers of Hidden Hollow was recognized by the Chair and requested the Board tb table action on the resolution in order to allow his clients to submit facts which could guide the Boatd in determining if adoption of a law on a local level was necessary. He objected to proposed rent increases being geared to the cost of living index and stressed that further discussions should be held with the developers to determine what a reasonable rent increase should be. Mr. Diehl remarked that he intended to introduce the resolution tonight and call for a vete, however, they could consider amending the law at a future date. Mr. John Martin, 15B Scarbowough Lane (Hidden Hollow Apartments) was recognized by the chair and commented that 40 to 50% increase a could not be considered reasonable. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: WHEREAS, by Chapter 771 of the Laws of 1983, local municipal- ities have an option to provide for regulation of rental units in buildings subject to or which are being converted to either condo- miniums or cooperatives, and WHEREAS, the Town of Wappinger wishes to exercise the local option provided in said law, NOW, THEREFORE, BE IT RESOLVED, that any non -purchasing tenant who is either an eligible senior citizen or an eligible disabled person as defined by Chapter 771 of the Laws of 1983 who is an occupant of a building or structure for which conversion is sought from residential rental status to cooperative or condo- minium ownership shall not, either prior to or subsequent to said conversion, be subject to removal from units occupied by them prior to said conversion unless a proceeding is commenced against said tenant for either (1) non-payment of rent, (2) illegal use or occupancy of the premises, (3) refusal of reasonable access to the owner, and BE IT FURTHER RESOLVED that no rental increase may be imposed upon said non -purchasing tenant who is either an eligible senior citizen or an eligible displaced person which is greater than the cumulative published 1y the Bureau of Labor Statistics of the U. S. Department of Labor increase in the consumer price index for the statistical area in which the Town of Wappinger is located over that existing for the calendar year last preceding the date of the last preceding rent increase to said tenant, and no rental increase shall be imposed at intervals of less than one year, and BE IT FURTHER RESOLVED that a certified copy of this resolu- tion be immediately filed by the Town Clerk with the Attorney General of the State of New York. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays The following memo was received from the Comptroller: Memo to: Supervisor Diehl Town Board Members From: Henry Cuatt Date: August 24, 1983 Re: Construction Bonding Sewer Impr. #1 I am sure that you all recall that Sewer Impr. #1 has $440,000. of authorized but unissued (not borrowed) bonds. I am asking that you pass the necessary resolution to borrow up to the $440,000. amount, so that we can complete Sewer Impr. #1 Extension #3 and Extension #4. Mr. Versace pointed out that if the project exceeded the amount of $440,000.00, the Board would then have to follow a different procedure. He requested that the Comptroller provide additional information to the Board on the total cost of the project which should include engineering and attorney's fees. A RESOLUTION AUTHORIZING THE ISSUANCE OF $440,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY PART OF THE COST OF IMPROVEMENTS IN AND FOR WAPPINGER SEWER IMPROVEMENT NO. 1 IN SAID TOWN. The following resolution was offered by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, by proceedings heretofore had and taken pursuant to Article 12-c of the Town Law, and more particularly an order of the State Comptroller dated November 30, 1971, and an order of the Town Board dated May 25, 1971, a Town improvement designated Wappinger Sewer Improvement No. 1 has heretofore been authorized in and for the Town of Wappinger, Dutchess County, New York; and WHEREAS, by bond resolution dated August 14, 1972 said Town Board authorized the issuance of $3,963,320 serial bonds of said Town to pay the cost of improvements in and for said Wappinger Sewer Improvement No. 1; and WHEREAS, bonds were issued for said improvement in 1974, 1977 and 1978 and most of the improvements proposed for said Wappinger Sewer Improvement No. 1 have been made; and WHEREAS, certain improvements proposed for said Wappinger Sewer Improvement No. 1 were not made resulting in an unexpended authorization remaining in said bond resolution dated August 14, 1972 of $440,000; and WHEREAS, Section 41.00 of the Local Finance Law provides that any unexpended authorization shall be deemed to be repealed ten years after the date the bond resolution becomes effective, except to the extent that any indebtedness shall have been contracted or encumberances made thereunder; and WHEREAS, no indebtedness has been contracted or encumber- ances made in relation to the aforesaid $440,000 unexpended authorization and; WHEREAS, accordingly, the aforesaid $440,000 unexpended authorization of such bond resolution has been deemed repealed in accordance with Section 41.00 of the Local Finance Law; and WHEREAS, it is now desired to reauthorize the unexpended authorization and construct the aforesaid unconstructed improve- ment for Wappinger Sewer Improvement No.1; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the construction of certain improvements for Wappinger Sewer Improvement No.. 1, more fully described in the preambles hereof, there are hereby authorized to be issued $440,000 serial bonds of the Town of Wappinger, Dutchess County, New York, pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of the aforesaid specific object or purpose is $440,000, and the plan for the financing thereof consists of the serial bonds authorized by Section 1 hereof. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Town Board. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, computed from December 27, 1972, the date of issuance of the first bond anticipation note issued in anticipation of the sale of bonds originally authorized by the aforesaid bond resolution dated August 14, 1972. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, -including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Wappinger Sewer Improvement No. 1 which the Town shall determine and specify to be especially benefited by the improvement, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which shall take effect immediately shall be published in full in the W & S D News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR CENTRAL WAPPINGER WATER IMPROVEMENT AREA The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Central Wappinger Water Improvement Area in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres- one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received prelininary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which wouldnormally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR OAKWOOD KNOLLS WATER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Oakwood Knolls Water District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less thah two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less that two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR FLEETWOOD WATER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Fleetwood Water District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: SAyes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR THE ARDMORE WATER IMPROVEMENT AREA The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Ardmore Water Improvement Area in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratiowhich the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have reeeived preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR TALL TREES WATER IMPROVEMENT AREA The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Tall Trees Water Improvement Area in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject properly bears to the total assessed valuation within the benefited area. R. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit unit, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WAPPINGER SEWER IMPROVEMENT NO. 1 The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Wappinger Sewer Improvement No. 1 in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subidvisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR MID -POINT SEWER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to., prepare an assessment roll for the Mid -Point Sewer District in accordance with the following standards: /0 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. ,b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third if the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR FLEETWOOD SEWER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for Fleetwood Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. r/ f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WILDWOOD SEWER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for Wildwood Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All thane subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays RESOLUTION DIRECTING ASSESSOR TO COMPLETE ASSESSMENT ROLL FOR WATCH HILL SEWER DISTRICT The following Resolution was introduced by SUPERVISOR DIEHL who moved its adoption: The Town Assessor is hereby authorized and directed to prepare an assessment roll for the Watch Hill Sewer District in accordance with the following standards: 1. All property within the benefit area shall be assessed. 2. The formula for such assessment shall be as follows: a. A single family house on a lot of less than two acres - one benefit unit. Where acreage over two acres - .2 benefit unit for each acre or part thereof over two acres. b. Vacant residential land less than two acres - .8 benefit unit. c. Residential acreage in excess of two acres - .8 benefit unit for the first two acres, .2 benefit unit for each acre in excess of two acres. d. Multi -family residential units - .75 benefit units per residential dwelling unit. e. Individual, commercial institutional and exempt properties shall be assessed by a computation whereby the assessed valuation shall be computed in relation to the assessed valuation of all property within the benefited area, and a benefit unit assigned in accordance with the ratio which the subject property bears to the total assessed valuation within the benefited area. f. All those subdivisions that have received preliminary approval prior to the date of this resolution. g. The lands which can not be served in the judgment of the Assessor shall be assessed at one-third of the full benefit units, which would normally be assigned if the property could be served. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays MR. DIEHL moved that the Town Board go into executive session with the Attorney to discuss a matter of possible litigation. Seconded by Mr. McCluskey Motion Unanimously Carried The Town Board went into executive session at 4:37 P.M. The Town Board returned from their executive session at 4:46 P.M. Supervisor Diehl called the meeting back to order at 4:46 P.M. and all Board Members were present. There was no action taken as a result of the Town Board's executive session. MRS. MILLS moved to close the Special Meeting, seconded by Mr. Versace and unanimously carried. ThelSpecial Meeting closed at 4:47 P.M. ij Gladys uit Deputy Town Clerk Spl. Mtg. 8/25/83