Consensus sought on Trust & Agency intent

By Sue Hillock

In an effort to reach a consensus on proposed revisions to Town Law section 24A, which deals with the recreation fees paid by developers in lieu of land, Supervisor Peter Mc Mahon brought town board members together with chairmen of the town s Parks and Recreation, Planning, and - Conservation boards September 30.

Existing town law allows recreation site fees ($500 per lot) to be _ used for acquisition or improvement of park land during the fiscal year collected, after which they can only be used for land acquisition. Section _ 277 of the state law maintains that 71 monies collected be used exclusively for park, playground, or other recreational purposes, including the acquisition of property, but does not - contain any time provision. “What is the purpose of having a local law that is more restrictive than the state law? - McMahon asked.

Barbi Lare, chairman of the Parks and Recreation Advisory Board would also like an answer to that question. She thinks the local law should be changed to be more flexible and to ensure that the money collected is actually spent. Lare said the one year restriction is impractical - when it comes to planning improvements to park and recreation areas and that there had been no request for land acquisition in spite of invitations to other boards to provide recommendations. “The money is not being used for recreation or land ac acquisition,” said Ms. Lare referring to the almost $90,000 balance in the Trust and Agency Fund. “It’s just _ sitting there.”

Gary Roesch, chairman of the - Conservation Commission, referred to information provided by Town

Attorney Will Wiles defined the intent of the state law. “It’s clear that the monies are to be used by the Town exclusively for park, playground, or other recreational purposes including land acquisition,” Roesch said. He asked that a better definition be provided for land acquisition as the Comprehensive Plan calls for the development of active recreation areas (parks, recreation centers, bikeways, etc.) and passive recreation areas (significantly scenic and environmentally important areas).

Planning Chairman Tom Nowak doesn’t mind if the one year restriction is removed, but wants the money to be used solely for land purchase. “The number one reason people move to Grand Island is its rural atmosphere, privacy and open space. They don’t want the money used for swing sets,” Nowak said. He also suggested that the Recreation Master Plan, already eight years old, be updated before any decision is made on revisions to the local law. “The Planning Board voted on this and we like the law - we’d like to make it more restrictive. It protects the town from people who like to give things away,” Nowak stated.

McMahon suggested that there were other ways to obtain open space. “Land acquisition could be budgeted, bonded, or acquired through wetland mitigation. We’ve acquired more land through wetland mitigation than through trust and agency funding,” McMahon said.

Board chairmen are expected to reach a consensus by year end after documenting each board’s objective and reviewing the town attorney’s memo.