The Town Board set a public hearing for Monday, April 17 at 8 p.m. to hear comments regarding a proposed change to the way the town spends Trust & Agency Funds.

Current town code states that funds collected from developers in lieu of land, and placed in the Trust & Agency Fund, can he used during that fiscal year for acquisition or improvement of park or recreation areas. After that time it may only be used for land acquisition. Recreation Director Linda Tuffalaro and the Parks ‘& Recreation Advisory Board would like to see the money spent improving the facilities within the town’s 140-acre Veterans Park and found the one-year time frame too restrictive.

The proposal by the Town Board calls for removing the one- year restriction and bringing the local code into step with the state law.

New York State Town Law provides that a town may require a developer to donate land for recreational purposes, or in lieu thereof, to pay money to the town to be held in a trust fund and utilized only for the acquisition or improvement of parks to satisfy the recreation demand generated by the new residents of the subdivision.

The New York State Comptroller has stated that the intent of this provision of law is that money in the trust fund be used only to acquire additional park- land or. to construct, rehabilitate or expand existing park or recreational facilities. The statute is broad enough to include construction of a building, as well as the acquisition of parkland and might include construction of a swimming pool or tennis court.

Specific findings of fact are necessary before requiring a dedication of recreation land or the payment of a lee in lieu thereof. The ability to make such a finding is dependent on the existence of proper studies analyzing a community’s residential facilities and goals and the demand on the recreational facilities generated by a proposed subdivision. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision will contribute. The 1992 Town of Grand Island Parks, Recreation, and Open Space Plan is the basis for those findings.

A full copy of the proposed Local Law Intro ~#5 is available in the Town Clerk’s office.