June 12, 2000

Rus Thompson

1640 Love Rd.

Grand Island NY 14072

Division of Municipal Affairs

Audit Commission

Alfred E. Smith Bldg

10th Floor

Albany NY 12236

RE: Post Audit / Request Audit

Please review the enclosed information. I have been referred to your office

by Mitch Morris, Attorney for the New York State Comptrollers Office. I am also

sending this information to the Attorney Generals Office. 1, and many others on Grand

Island, feel the purchase of wetlands and green space with monies collected from

builders, and or developers for recreation purposes, is unethical and a misuse of these

funds.

The State Law regarding monies deposited in the Trust and Agency fund states

"Any monies required by the planning board in lieu of land for park, playground or

other recreational purposes, pursuant to the provisions of this section, shall be

deposited into a trust fund to be used by the Town exclusively for park, playground

or other recreational purposes, including the acquisition of property". 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 parkland or to construct, rehabilitate

or expand existing park or recreational facilities.

Grand Island changed the law, Town Code Section 24A-l0(g) provides

as follows "Parks and Recreation Areas are to be consistently acquired from all new

Subdivisions. Where recreation site fees are charged in lieu of land, such fees are to

be set-aside in a fund to be used for land acquisition or used during that fiscal year

for the acquisition or improvement, where practicable, of park or recreation areas.

Funds collected during each fiscal year can be used for the improvement of park

or recreation areas. Funds which have accumulated in prior fiscal years must be used

for land acquisitions".

The towns restrictions that were applied to the state law are unfair, and gives

money that is supposed to be used for recreation over to the environmental conservation

commission to purchase wetlands and green space. This land that is purchased is

useless for recreation purposes, and may well be turned over to the WNY Land

Conservatory. These land purchases do nothing to rectify the inadequate recreation

on the island. They have spent this money with no regard for the needs of the youth,

and against the Recreation Master Plan adopted by the people.

Therefore, I am requesting that you review the recent town purchase of land on

Ransom Road, 206 acres for $250,000. Trust & Agency money funded some of this

purchase. Our Recreation Master Plan does not support this purchase as the town has

ample open space as recorded in the plan. If our Recreation Master Plan gives the town

the authority to collect money in lieu of land from developers, then the money should be

spent in accordance with that plan. Prior to the purchase, 1 asked the Town Board to seek

an opinion from the Comptroller on whether this was an appropriate use of the Trust &

Agency Fund. They said they didn't need an opinion The Town Board was also asked to

put the purchase to referendum and they refused. Petitions were collected from taxpayers

asking for the right to vote on such a large expenditure. This was also denied.

Thank you for your assistance.

Rus Thompson