1991-05-08
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GELLERT 8 CUTLER/ P.C,
ATTORNEYS AND COUNSELORS AT LAW
75 WASHINGTON STREET
.IOSEPH H. GELLERT
(1907 -1989)
SHELDON CUTLER
LEONARD KLEIN
ARTHUR L. GELLERT
STEPHEN E. EHLERS
PAUL J. GOLDSTEIN'
JOHN A. GEOGHEGAN
ALBERT P. ROBERTS
LILLIAN S. WEIGERT
CARL P. BARONE
STEPHEN E. DIAMOND"
RAINA E. MAISSEL +
DAVID R. WISE++
EMANUEL F. SARIS
TERRY D. HORNER
POUGHKEEPSIE, NEW YORK 12601
(914) 454-3250
fAX, 914-454-4652
WESTCHESTER OFFICE
3' > PURCHASE STREET
Rl E, NEW YORK 10580
(914) 967-6200
fAX 914967-6236
May 8, 1991
L< )NG ISLAND OFFICE
. ADMITTED IN NY 8 fL
.. ADMITTED IN NY, fL 8 MA
. ADMITTED IN NY 8 ENGLAND
.. ADMITTED IN NY 8 CT
2001 M/,RCUS AVENUE, SUITE W95
LAKE SlICCESS, NEW YORK 11042
(516) 355-0905
Constance O. Smith
Town Supervisor, Town Hall
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
RECEIVED
MAY 0 9 1991
SUPERVISOR'S OFFICE
TOWN OF WAPPINGER
Re: Lease/License/Concession of Town Property for baseball
or soccer camp sponsored by private organizations.
Dear Connie:
It is the general rule that a town may lease for fair and
adequate consideration, real property or improvements it owns
which are neither necessary, nor devoted to a public use. 11 Op.
st. Compt. 193, 1955; 11 Op. St. Compt. 109, 1955. This may be
done by one of two ways:
1. Pursuant to Town Law Section 64(2) a town may lease
town property by resolution subject to a permisSIVe
referendum; or
2. Town Law Section 64(7) authorizes a town to consent to
the use of town property after a public hearing, upon
such terms and conditions as the Town Board may deem
proper and as may be permitted by law; the public
hearing must be on ten (10) days notice.
The procedure authorized by Town Law Section 64(7) is most often
utilized because it is easiest to implement. Regardless of how
the town authorizes the use of town owned property, the following
GELLERT 8 CUTLER" P.C.
ATTORNEYS AND COUNSELORS AT LAW
- Page 2-
requirements must be met:
1. the use or service must be incidental and consistent
with park and recreational usage;
2. the Town must maintain management and operation of the
Town property;
3. the Town Board should examine the fees to be charged to
determine their reasonableness;
4. the Town Board should try to ensure that the permitted
use will not unreasonably interfere with the regular use
of the property by the general public; and
5. the Town should receive some consideration in exchange
for its permission, otherwise the permission may be
considered a gift of public property which is prohibited
by the New York State Constitution.
In an opinion most closely on point, the state Comptroller has
ruled that a Town may grant a license or concession to a private
person to conduct tennis lessons in a town park for which fees
will be charged. 23 Ope St. Compt. 416, 1967. A copy of this
opinion is attached hereto and cites other rulings of the
Comptroller regarding permission to utilize public parks for
private purposes as follows:
1. the operation of ski facilities and a restaurant, 6 Ope
St. Compt. 346 (1950);
2. the construction, maintenance and operation of a golf
course, 11 Ope St. Compt. 159 (1955);
3. the operation of skeet, trap and rife facilities, 23 Ope
St. Compt. 245 (1967); and
4. permission to charge fees for music and dance lessons
conducted as part of a town's recreation program, 8 Ope
St. Compt. 266 (1952).
It is to be noted that the granting of such permission is not
subject to competitive bidding requirements. 18 Ope St. Compt.
232.
In ruling on the tennis instructions, the Comptroller noted they
must be made available to all inhabitants of the town.
Obviously, a little league sponsored baseball camp and/or a
soccer league sponsored camp would be limited to youngsters of a
GELLERT S CUTLER~ P.C.
ATTORNEYS AND COUNSELORS AT LAW
- Page 3 -
certain age group. However, it would appear that as long as the
camp was open to all children of the town in that age group, this
requirement would be satisfied.
Lastly, Elaine Snowden, Town Clerk, has advised me that it has
been the longstanding policy of the Town of Wappinger not to
permit use of Town owned property for any money-making or
commercial ventures. This determination rests solely with the
Town Board. However, if the aforementioned quidelines are
followed, it is my opinion that a license or concession to use
town property for a baseball camp or soccer camp sponsored by
private organizations is authorized by Section 64 of the Town Law
and the relevant advisory opinions of the New York State
Comptroller.
Very truly yours,
GELLERT & CUTLER, P.C.
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ALBERT P. ROBERTS
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FILE COpy
4 Split Tree Drive
Wappingers Falls, NY 12590
March 21, 1991
Connie Smith
Supervisor, Town of Wappinger
Middle Bush Road
Wappingers Falls, NY 12590
RECEIVED
MAR 2 1 1991
SUPERVISOR'S OFI:ICE
TOWN OF WAPPINGER
Dear Connie:
The Town of wappinger Little League would like to sponsor a
one week baseball training camp this summer at the Town
Recreation Center on Robinson Lane. The purpose of the
training camp is to provide the youngsters of the Town of
Wappinger (and neighboring communities) the opportunity to
further improve their hitting and fielding abilities by
being coached by professional baseball coaches. The camp
will be offered to those between the ages of 9 and 18.
The training camp would be completely operated by Grand
Slam, a local baseball training business for the past two
years that has continually provided assistance with our
Little League program. This camp would be one of three
camps Grand Slam is operating this summer; the other .two are
not planned for this area. Participants in the camp will be
covered by Grand Slam's $2 million umbrella policy. The
professional coaching staff will be comprised of:
George Foster - a former Major League player with the
NY Mets
Scott Nathanson - former assistant coach at Fordham
University, published three highly
rated articles on hitting in NCAA
magazine
Bill pauldine - varsity coach at Ketcham, operated
baseball training camps locally for
over 8 years
Joe Derosa - varsity coach at Arlington H.S. and on the
Grand Slam staff
Mike Kohut - athletic director at Pine Plains
Ron Gamma - varsity coach at Suffrin H.S., operated
several baseball training camps himself
Additional assistant staff members will be comprised of
current high school varsity players. The projected fee is
$130 for the full week, a fee that is very competitive with
camps elsewhere with the same level of coaching staff. As
the sponsor of the training camp, the Little League will
receive a minimum of $500.
The Town of Wappinger Little League Board of Directors feels
providing a local camp would be a benefit to our community.
Summer baseball camps have been offered in many local areas
in the past, but never in the Town of Wappingers. If
successful, it would be something that could be offered
every year.
I have discussed this request with the Town of Wappinger
Recreation Commission and Mr. Holt has stated that the
commission suppprts our request. I sincerely hope the Town
Board is also supportive of our continued efforts to improve
recreation and skill building programs for our youngsters.
':!!~hing
President
Town of Wappinger Little League