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GERALD A. VERGILIS *
KENNETH M. STENGER
ALBERT P ROBERTS
THOMAS R. DAVIS
JOAN F. GARRETT**
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
A TTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
W APPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
MARIA L JONES
SANDRA A. OAKLEY
CLOSING COORDINATOR
SUSAN E. CAFFINE
WWW.vsrp.com
e-mail: info@vsrp.com
KEVIN T. McDERMOTT
ANGEL L FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(845) 452- I 046
NEWBURGH OFFICE
299 N. PLANK ROAD, SUITE 106
NEWBURGH, NY 12550
(845) 567-3783
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IN NY & NJ
April 7, 2009
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Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Christopher J. Colsey, Supervisor
Re: Town of Wappinger Recreation Commission
File No. 12951.0301
Dear Chris:
I have been unable to determine how the Town's Recreation Commission was originally
formed. At a Town Board meeting on May 1, 1960, the Town Clerk's minutes indicate
that three people, William Ryan, Chairman "assisted by" Robert Conklin and Hugh
Maurer were appointed to the "Recreation Committee", This was followed by a
Resolution on July 14, 1960 which changed the name of the Recreation Committee be
changed to the Town of Wappinger "Park and Recreation Commission". It is unclear just
what power the current Recreation Commission has. If it was a Town Board appointed
Committee, it only has those powers as delegated to it by the Town Board. Generally the
term "Recreation Commission" is used in conjunction with a Recreation Commission
appointed pursuant to General Municipal Law 9243. Such a Commission has defined
statutory authority and duties.
While the minutes are not entirely clear, it appears the initial creation was a Town Board
Committee. The subsequent change in name on July 14, 1960 to a "Park and Recreation
Commission" did not indicate that it was created pursuant to General Municipal Law
9243.
O:\Wappinger\Town Board\RESOLUTION\2009 Resolutions\040709letter to Town Board re Recreation Committee. doc
; ~ ~-
It is my recommendation that the Town Board clarify whether the Recreation
Commission is a Town Board Committee or a Recreation Commission with all the
powers, duties and obligations set forth in General Municipal Law ~243. It is my
recommendation that it remain a Town Board Committee with the Town Board defining
its duties and powers.
Please advise.
Very truly yours,
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
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ALBERT P. ROBERTS
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O:\Wappinger\Town Board\RESOLUTION\2009 Resolutions\0407091etter to Town Board re Recreation Committee. doc