THE "PORK" IN NEW YORK, Thoughts of an older American on Constitutional Government in the USA Options

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"$50M sewer expansion sought - With AMD on horizon, Saratoga County board advances project"

By LEIGH HORNBECK, Staff writer, Albany, New York Times Union

First published: Thursday, December 20, 2007

MECHANICVILLE -- The Saratoga County Sewer Commission voted Wednesday to go forward with a $50 million expansion project.

The Board of Supervisors has final say and is expected to take up the issue in January.

The commission does not yet have a financial plan to pay for the project, which would increase the daily capacity of the plant from 23 million gallons to 43 million gallons and make other substantial improvements.

A financial adviser who spoke at the meeting Wednesday said if the commissioners received no state or federal aid and borrowed all the money they needed, users would see a nearly $50 increase per year.

But that is unlikely because that figure doesn't take into account an increase in the number of users.

The average sewer customer pays about $138 per year per unit.

Sewer rates have not increased in seven years.

Chairman Bill Davis said he met with representatives of Sen. Joseph L. Bruno and U.S. Rep. Kirsten Gillibrand, D-Greenport, to talk about possible sources of aid.

Davis said he was offered no promises but found the meeting encouraging.

"In the meantime we have to move forward because I don't want a moratorium on my watch," Davis said.

If all the residential projects waiting in the wings go forward along with an AMD computer chip factory in Malta, the plant will be over capacity by 3 million gallons a day by 2009.

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"Lawbreaker Lawmakers - Arguably, about 1-in-5 state legislators has violated the law. How can this be?"

By MARY CUDDEHE, ELLEN GABLER and EMILY PICKRELL, Special to the Times Union

First published: Sunday, December 30, 2007

In a perfect world, elected lawmakers would always obey the laws they alone are entrusted to enact, but public records show that in Albany, lawmakers are anything but perfect.

An investigation for the Times Union by the Stabile Center for Investigative Reporting at Columbia University found that about one-fifth of elected legislators in New York have, by some measure, broken some law in recent years.

While most of those cases were traffic violations, more than a dozen involved acts charged as crimes -- frequently bribery or theft.

Currently, two accused lawmakers have refused to leave office despite a mountain of evidence compiled by citizen grand juries who indicted them for felony crimes -- and legislative leaders have done nothing to officially discipline or remove them.

Assemblywoman Diane Gordon, D-Brooklyn, continues to hold office even after the Brooklyn district attorney released video recordings showing her agreeing to receive a house in exchange for arranging a $2 million land deal for a developer.

She declined to comment.

State Sen. Efrain Gonzalez, D-Bronx, continues to hold office while awaiting trial on federal charges that he funneled $423,000 in taxpayer money through a charity to finance his cigar company, buy Yankees tickets and pay his daughter's tuition.

"You're innocent until proven guilty beyond a reasonable doubt," said Gonzalez, who was re-elected by a landslide in the Bronx last year.

Such cases have become a perennial disappointment for good-government advocates in Albany who for years have pressed for real ethics reform that, when it comes to lawmakers themselves, has never really come.

"I think what most citizens would say to them is how dare you do this to the working men and women of New York," said Barbara Bartoletti, legislative director for the League of Women Voters.

"You are in a cherished position, voted into office by your constituency, and you let them down; you violated their trust."

Two lawmakers charged with driving while intoxicated this year had their driver's licenses suspended after they refused to take a Breathalyzer test: Assemblyman Karim Camara, D-Brooklyn, and Sen. John Sabini, D-Queens.

Sabini said it was inappropriate for two student journalists to surprise him in the Capitol this month with a video camera and ask, on behalf of voters, if he was drunk when police arrested him in Albany.

"No, I pleaded not guilty," he said.

Like many lawmakers, Sabini bristles at the suggestion he deserves to be labeled a lawbreaker in the press before his day in court.

"I'm only charged at this stage," he said.

Sometimes lawmakers advocate legislation even as they violate the letter or spirit of the laws they propose.

Nancy Calhoun, a Republican assemblywoman from Blooming Grove, has called herself "a prime advocate for fighting crime."

In 2005, the same year she co-sponsored a bill to strengthen anti-stalking laws, Calhoun pleaded guilty to two counts of second-degree harassment for stalking an ex-boyfriend.

The case was subsequently sealed in Orange County.

Rarely, a lawmakers admits his or her mistake and becomes a determined advocate to strengthen the law.

Assemblyman Charles Lavine, D-Nassau, received a ticket for speeding in October 2006.

Since then, Lavine has voted in favor of cameras that catch speeders and co-sponsored a bill to double fines for speeding in a school zone.

"In an age in which few accept responsibility for their faults, you may find it refreshing to know that I actually was guilty," Lavine said.

Since 2000, 13 members, past and present, occupying one of the 212 seats in the New York state Senate and Assembly combined, faced criminal charges or were convicted of crimes.

Another 10 lawmakers have had their driver's licenses suspended, typically for failing to respond to a court summons.

Another 10 have been cited for speeding, driving while talking on a cellphone, ignoring a traffic signal or driving without a seat belt.

Still another 15 had a traffic violation that prompted them to attend class to erase points from their driving record.

That's 48 lawmakers implicated in or found guilty of lawbreaking.

One former assemblyman, Clarence Norman, formerly chairman of Brooklyn's Democratic Party, is currently serving a 3-to-9-year sentence in state prison for stealing the public's money and selling his party's control over judgeships.

Adult arrest rates for crimes within large populations in the United States are measured in different, sometimes flawed ways by states and the federal government, but depending on the criteria, they can range from a few percentage points to more than 5 percent.

That suggests the arrest rate for the state Legislature, arguably just above 5 percent, may be normal.

However, these are elected lawmakers.

While outright crime is the exception rather than the norm at the Capitol, government watchdog groups bemoan a system of legal loopholes in Albany that encourages bribery and a legislative culture prone to winks and nods with only private wrist-slapping for any ethics violations.

"I don't think it's just a few bad apples."

"I think the system is just ripe for corruption," said Rachel Leon, the former executive director of Common Cause, a citizens' group that lobbies for clean elections and ethical standards for elected officials.

"In most states, if you have one arrest, you get reform handed to you on a platter."

"In New York, you get person after person after person" arrested without censure, she said.

"It's an entrenched system, an old-world style of politics that really needs to be updated."

Voters should not hold their breath.

In March 2007, a sweeping ethics reform bill approved by the Legislature combined the state's Ethics and Lobbying commissions under the new Commission on Public Integrity.

But during the bill's drafting the Legislature insisted on a separation of powers from the new commission's authority, which has effectively left lawmakers in charge of policing their own ethical misconduct -- just as they had, or had not, under their existing ethics laws.

In fact, the former Legislative Ethics Committee, comprised solely of lawmakers chosen by legislative leaders, never rebuked a single legislator for any ethics violations during its 20-year existence.

That inaction was predictable of what happens when powerful people are left alone to judge and punish themselves, said David Grandeau, formerly director of the now-disbanded state Temporary Commission on Lobbying.

"It is very difficult to perform your job if you're worried you'll be fired for it," Grandeau said.

"These integrity commissions need to have not only independence, but there needs to be an effective buffer for the employees."

"You are going to have bad people doing bad things throughout the country," Grandeau said.

"What we do have is a structure that enables it."

Albany observers say that a lack of campaign finance control contributes to corrupt behavior.

New York's current campaign finance laws let corporations receiving economic development aid and unions benefiting from public contracts contribute huge sums to politicians, creating the perception of a "pay-to-play" system, according to a 2006 Brennan Center for Justice study.

Direct corporate donations to politicians are illegal in federal elections.

Some New York legislators have gone to town with their campaign funds, financing everything from lavish vacations to college tuition to private cellphone bills.

In 2001, Senate Majority Leader Joseph L. Bruno, a Republican, used campaign funds to buy a swimming pool cover for his property in Brunswick, later claiming that he used the area for political events.

Former state Sen. Guy Velella, R-Bronx, used his campaign funds for his legal defense against charges he had accepted bribes.

He eventually pleaded guilty to conspiracy charges for steering public works contracts to favored bidders who, in turn, made payments to law firms he controlled.

A lawmaker accused of a crime in New York does not automatically lose office.

Some win re-election.

Some don't even try.

Former state Sen. John "Randy" Kuhl Jr., R-Hammondsport, pleaded guilty to driving while intoxicated in September 1997.

That conviction surfaced in 2004, when he was elected U.S. representative of the 29th District.

In 2003, former Assemblywoman Gloria Davis, D-Bronx, agreed to resign and spent two months in jail for collecting state travel expenses for free automobile trips to Albany.

She also admitted receiving $24,000 from a contractor she helped reward with an $880,000 contract.

Though former Assemblyman Roger Green, D-Brooklyn, was convicted of petty larceny in 2004 for also using free rides, he was re-elected.

In 2006, former assemblyman and labor leader Brian McLaughlin, D-Queens, pleaded not guilty to 44 charges, including labor bribery and money-laundering.

He was indicted for stealing $2.2 million from, among other groups, a Little League baseball team.

McLaughlin resigned.

Former Sen. Ada Smith, D-Queens, was found guilty of second-degree harassment in Albany for throwing hot coffee at an aide who had commented on her weight.

She was fined $250, ran for re-election in 2006 and lost in a primary race.

"What all these indictments say generally about Albany is that the environment is still ripe" for corruption, said Bartoletti of the League of Women Voters.

"Until we close loopholes on ethics and campaign reform, we'll continue to have these kinds of problems," Bartoletti said.

"We have the most loophole-ridden law in the nation."

This year's ethics reform law has been widely panned as ineffective and an agreement for some campaign finance reform fell apart amid squabbling between Bruno and the governor, but some good government groups view the recent conviction of Norman as a sign that accountability is possible in the courts.

"Any political leader that would ever again force somebody to pay money in exchange for support will do so at their own peril," Brooklyn District Attorney Charles Hynes declared this year after finishing his case against Norman.

"The jury spoke loud and clear that this kind of conduct will not be tolerated."

Others are more skeptical, saying that without true reform of campaign finance rules and an overhaul of ethics oversight for lawmakers, change will never come.

"The only way to force them to do what's right is exposure," said Grandeau.

"If they know what they do today they are going to read about in tomorrow's paper, they think twice."

Times Union staff writer Irene Jay Liu, a graduate of the Stabile Center for Investigative Journalism at Columbia University's Graduate School of Journalism in Manhattan, contributed to this report. Mary Cuddehe is a student at Columbia's journalism school. Ellen Gabler and Emily Pickrell are graduates of the Stabile Center at Columbia. They prepared this story under the supervision of Times Union Senior Editor Bob Port, who can be reached at 454-5064 or e-mail at bport@timesunion.com.

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"Waiting for AMD - AMD hasn't yet decided to build a chip plant in Malta; the reason why isn't entirely clear"

By LARRY RULISON

First published: Sunday, December 23, 2007

The waiting is the hardest part when it comes to Advanced Micro Devices Inc.

The Sunnyvale, Calif.-based computer chip maker announced plans 18 months ago to build a $3.2 billion factory at the Luther Forest Technology Campus in Malta.

But the first shovel of dirt has yet to be turned on what is considered to be the largest economic development project in state history.

Yes, yes, yes we all know by now that the $1.2 billion incentive package from the state of New York gives AMD until July 2009 to make a decision on whether to move ahead with the project.

But the reason AMD has not yet made up its mind is more complex than that.

And the company itself has not been entirely forthcoming on all of the factors going into its decision-making process for when to build the chip factory, or "fab" as it is known in the industry.

That includes the behind-the-scenes details on a new manufacturing strategy designed to improve the company's financial condition.

AMD executives have declined to say exactly how the company will operate under this new "asset smart" plan, and that has forced Wall Street analysts and the media to speculate on how it will impact two existing factories in Dresden, Germany, as well as the plans for New York.

John Greenagel, a former AMD spokesman who is now director of communications for the Semiconductor Industry Association in San Jose, Calif., says it is important for the public to understand the financial risk that chip makers undertake in building a new fab, which cost at least $3 billion these days.

No decision is made lightly, he said.

Greenagel likes to use a quote from AMD board member Robert Palmer in the book "The Spirit of AMD."

Palmer is the former chief executive officer of Digital Equipment Corp., a computer maker that was acquired by Compaq, now Hewlett-Packard, in the late 1990s.

"Playing in the semiconductor industry has always been like playing Russian roulette with a twist."

"You put the gun to your head and pull the trigger, and four years later you find out if you blew your brains out," Palmer writes, according to Greenagel.

Greenagel says that's a pretty good summary of the risks involved.

"You've got to be very confident that you can sell the output of that fab," he said.

"Otherwise, the capital costs will eat you alive."

In fact, when AMD and state officials made the historic announcement at the Albany NanoTech complex in June 2006, the company said that in addition to the $3.2 billion cost to build the factory, it would also spend $2 billion at the facility during the first five years of operation.

That raises the company's expected short-term investment at Luther Forest to $5.2 billion equal to AMD's revenue for all of 2006.

That is probably why AMD founder Jerry Sanders, known for his bravado and independent spirit leading the company from 1969 to 2002, reportedly once said that only "real men have fabs."

Of course in many ways, New York state politicians like Senate Majority Leader Joseph Bruno, R-Brunswick, and former Gov. George Pataki put the state in the position of raising public expectations of the project while giving AMD a window of more than three years to make up its mind.

But Bruno spokesman Mark Hansen said the timing of the announcement on June 23, 2006, was a critical component of the political process that ultimately budgeted $650 million in cash for AMD.

He said it was important for the legislature to pass the funding bill passed before the legislative session concluded in June of that year.

Money has played a huge part in the uncertainty.

After losing $1.6 billion and more than half of its stock market value this year in a fierce price war with rival Intel Corp., AMD is trying to come up with a new manufacturing formula to balance its assets, capital costs and future earnings.

AMD has also gone out and raised more cash, selling $622 million in stock last month to a company owned by the government of Abu Dhabi.

"Asset smart," the company's new manufacturing model, likely entails some mix of in-house manufacturing at its own fabs and outsourcing manufacturing to companies called foundries that operate in Asia.

Still, all of this has to be worked out before AMD can decide when it will be best to start producing chips in New York.

AMD spokesman Travis Bullard reiterated that AMD is right on schedule.

The company has completed its project design process, and will start making presentations to local town planning boards early next year.

The company still must seek state environmental approvals.

"At the end of the day, we're still in the really early part of that window," Bullard said.

"We're still evaluating these complex factors."

"And it's a question of when."

"It's not a question of if."

"It requires patience."

"And we're all anxious to get going as well."

Even folks in Austin, Texas where the semiconductor industry exploded in the 1980s were anxious at first.

Pike Powers, an Austin attorney who helped lure many high-tech companies to that city working for state government and the business community, said residents once had their doubts about whether the first fabs would get built.

"Sure, we got nervous," Powers said.

"But over time, we learned that the significant capital costs involved were so disproportionate to anything else that it required a degree of understanding of those issues and a lot of patience."

Michael Relyea, executive director of the Luther Forest Technology Campus Economic Development Corp., the nonprofit overseeing the development of Luther Forest, says the waiting for AMD has actually been a good thing.

He is working to put the infrastructure in place at the 1,350-acre tech park, most of which is still forest.

And he and other Saratoga County officials have also been trying to prepare the community for the explosive growth that would be expected with a semiconductor factory employing 1,200 people.

"That time lapse has actually been helpful because it helps us to do this right," Relyea said.

"By having that extra time, it's afforded the community time to really explore what they needed to do future planning."

Not everyone, however, believes the wait has been entirely good.

Greenfield resident Ron Deutsch, executive director of New Yorkers for Fiscal Fairness, an Albany political watchdog group, estimates that about $150 million in public money is being spent on water, sewer and road expansion to accommodate AMD before the company makes up its mind.

"It seems like the state and county, primarily the county, are looking at bearing a lot of the cost before AMD makes a decision," he said.

"What are you going to do if AMD doesn't come?"

"It's just silliness."

"It is complete speculation at this point."

Pat Foye, downstate chairman of Empire State Economic Development Corp., the state agency that negotiated with AMD, knows the process can be difficult for the public.

But he says his team is in regular contact with AMD.

"We know that they are working hard to improve their business operations and move forward with the Luther Forest project," Foye said.

"We are monitoring their progress, and we're rooting for their success."

Larry Rulison is a Times Union business writer. He can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.

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"The faltering AMD project is no longer a realistic option for New York"

Albany, New York Times Union

First published: Sunday, December 30, 2007

Nobody likes to be a skunk at the garden party, but the Dec. 23 Perspective story, "Waiting for AMD" did the right thing in preparing the Capital Region for the likely cancellation of the AMD chip-fab plant project.

Notwithstanding the state's expenditure of more than $150 million on infrastructure and the promise of $1 billion more in aid (an absurdly expensive and ineffective approach to economic development), it is clear now that AMD is stringing New York along.

AMD is a company beset by major problems.

In the last three quarters it lost $1.6 billion -- and it's not clear when it will return to profitability.

The acquisition of graphics-chip maker ATI for $5.4 billion was a costly mistake that saddled the company with massive debt and restructuring charges.

It is about to borrow $2 billion more, at the same time that profit margins are being squeezed by competition with Intel, and its stock is down 44 percent this year to date.

With AMD's reported operating loss of $226 million in the third quarter, and a net loss of $396 million, AMD is even scaling back plans to convert older facilities in Germany to newer chip-making equipment, a much less expensive proposition than building new fabs.

The worst news for New York is that AMD responded to its problems with a new strategy called "asset-light" manufacturing, meaning that it will outsource more of its chip fabrication to third-party manufacturers.

Given how central this "asset-light" strategy is to restoring the company's finances and the confidence of investors on Wall Street, is it realistic to bank on AMD building a very costly new chip-fab plant in New York?

The answer is no -- particularly now that CEO Hector Ruiz (who approved the project) has announced that he will be leaving the company.

If New York had a normal business climate, with average costs of doing business and average taxes, a company in financial difficulties might take advantage of the offer of $1 billion in state aid.

But in the last 10 years we've done almost nothing to slow what are now the highest costs of doing business in the nation.

Instead we've banked on an approach that requires politicians and bureaucrats to guess which industries have the best growth prospects, and which companies within those industries are the strongest, and cajole them to build here with the promise of huge infusions of state money.

This is a fool's game that can't succeed.

It is unfair to businesses already here, and does nothing to help New York.

MARK ALESSE

Delmar

The writer was a lobbyist for small business for 18 years, and worked in the Assembly and Senate on economic development.

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"The faltering AMD project is no longer a realistic option for New York"

Albany, New York Times Union

First published: Sunday, December 30, 2007

Given how central this "asset-light" strategy is to restoring the company's finances and the confidence of investors on Wall Street, is it realistic to bank on AMD building a very costly new chip-fab plant in New York?

The answer is no -- particularly now that CEO Hector Ruiz (who approved the project) has announced that he will be leaving the company.

MARK ALESSE

Delmar

The writer was a lobbyist for small business for 18 years, and worked in the Assembly and Senate on economic development.[/size]

REUTERS

"UPDATE 2-AMD CEO says no plans to step down in 2008"

Tue Dec 11, 2007 4:29pm EST

By Duncan Martell

SAN FRANCISCO, Dec 11 (Reuters) - Advanced Micro Devices Inc (AMD.N: Quote, Profile, Research) Chief Executive Hector Ruiz says he has no plans to step down as head of the microprocessor maker next year.

AMD has in the past two years struggled with market share losses to its far larger rival, Intel Corp (INTC.O: Quote, Profile, Research), in the market for microprocessors.

It is banking much of its turnaround on its Barcelona processor, which was launched in September, but has so far been hampered by an inability to ship as many of the processors as it would like.

Ruiz said in an interview with CNBC Europe to be broadcast later this week that President and Chief Operating Officer Dirk Meyer is being groomed to succeed him as CEO.

"Ruiz has to turn the ship around before he can turn over the helm," said Ashok Kumar, an analyst at CRT Capital Group LLC.

"He and his team need to focus on executing and delivering what customers and the markets expect."

Caris & Co. analyst Daniel Barenbaum wrote in a Monday note to clients that disappointing reviews of AMD'S desktop quad-core microprocessor and a lack of availability of its higher-speed Barcelona chip confirm that "AMD continues to struggle with new product cycles."

The interview is scheduled to be broadcast on Thursday at 2300 Central European Time (2200 GMT), the same day that AMD holds its financial analyst conference in New York, the network said.

An e-mail including excerpts of the interview was sent to Reuters on Tuesday and was confirmed as authentic by CNBC.

"We started doing this (the succession planning) four years ago and I'm delighted that Dirk is a strong player," Ruiz told CNBC.

"When the time comes for me to hand the reins over to him, it's going to be fantastic."

Asked how soon that would be, Ruiz said, "I can't tell you that, but it's not any time soon."

Asked whether he would step down in 2008, Ruiz said:

"Not next year."

Shares of AMD fell 11 cents to close at $9.07 and shares of Intel fell 85 cents to $26.93.

Both stocks gave up earlier gains after the Federal Reserve Bank cut short-term interest rates less than hoped for earlier on Tuesday to help the U.S. economy withstand tightened credit and a prolonged housing market slump.

Many on Wall Street had thought the Fed might cut the federal funds rate by 0.5 percentage point, rather than the 0.25 percentage point cut it made, to 4.25 percent.

(Reporting by Duncan Martell; Editing by Jeffrey Benkoe and Dave Zimmerman)

http://www.reuters.com/article/technology-...153631020071211

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"Waiting for AMD - AMD hasn't yet decided to build a chip plant in Malta; the reason why isn't entirely clear"

By LARRY RULISON

First published: Sunday, December 23, 2007

Michael Relyea, executive director of the Luther Forest Technology Campus Economic Development Corp., the nonprofit overseeing the development of Luther Forest, says the waiting for AMD has actually been a good thing.

He is working to put the infrastructure in place at the 1,350-acre tech park, most of which is still forest.

Not everyone, however, believes the wait has been entirely good.

Greenfield resident Ron Deutsch, executive director of New Yorkers for Fiscal Fairness, an Albany political watchdog group, estimates that about $150 million in public money is being spent on water, sewer and road expansion to accommodate AMD before the company makes up its mind.

"It seems like the state and county, primarily the county, are looking at bearing a lot of the cost before AMD makes a decision," he said.

"What are you going to do if AMD doesn't come?"

"It's just silliness."

"It is complete speculation at this point."

"The faltering AMD project is no longer a realistic option for New York"

Albany, New York Times Union

First published: Sunday, December 30, 2007

If New York had a normal business climate, with average costs of doing business and average taxes, a company in financial difficulties might take advantage of the offer of $1 billion in state aid.

But in the last 10 years we've done almost nothing to slow what are now the highest costs of doing business in the nation.

Instead we've banked on an approach that requires politicians and bureaucrats to guess which industries have the best growth prospects, and which companies within those industries are the strongest, and cajole them to build here with the promise of huge infusions of state money.

This is a fool's game that can't succeed.

It is unfair to businesses already here, and does nothing to help New York.

MARK ALESSE

Delmar

The writer was a lobbyist for small business for 18 years, and worked in the Assembly and Senate on economic development.

"Saratoga water line hits a snag - State is holding up permit needed to complete construction, citing questions about need and users"

Albany, New York Times Union

November 27, 2007

BALLSTON SPA - Facing a battle with the state, the Saratoga County Water Authority may have to relinquish control over its $67 million water project.

The state Department of Environmental Conservation gave the county Board of Supervisors a permit in 2006 to install a waterline from Moreau to Malta, but refuses to transfer that permit to the water authority, which took over the project in February.

Without that document transfer, the water authority cannot borrow the money it needs to finish construction of the 28-mile water line.

Construction is well under way on the line, which will draw water from the Hudson River in Moreau and bring it south to the Luther Forest Technology Campus in Malta.

Water supply is one of the linchpins in the deal to bring computer-chip manufacturer AMD to Saratoga County.

Supervisor John Lawler, R-Waterford, the chairman of the water authority, said he thought getting the permit would be a simple matter of changing the name on the top.

"We did not envision this type of bureaucratic foot-dragging," Lawler said Monday.

The water authority has moved forward since requesting the name change on the permit, putting dozens of miles of pipeline in the ground and racking up $6 million in bills - which it then turned to the county for the money to pay.

Lawler said $1 million in grant money has come from the state to repay the debt to the county and he expects another $14 million from other state grants.

"We sent a notice of an incomplete application to the water authority last week," said DEC spokesman Yancy Roy.

"We need to know more about the impact of the project."

Roy, quoting from the letter sent to the water authority, said: "the notice of incomplete application cited that certain subscribers might have withdrawn from the project, raising the question of public necessity under the appropriate environmental regulations."

Clifton Park, which is the county's largest municipality, withdrew from the project about the time the water authority took control.

This permit process hitch isn't the only roadblock to the project.

Only a few of the potential users have signed contracts to buy water, to date: Ballston, 375,000 gallons a day; Wilton, 300,000 gallons a day; and the Luther Forest Technology Campus Economic Development Corp., a subsidiary of the Saratoga Economic Development Corp., 2.4 million gallons a day.

Over the summer, the state Department of State halted work in Moreau because the authority didn't have a building permit for its administration and filtration building.

Also, a handful of residents and businesses have refused to allow the waterline to cross their lands.

One landowner, the YMCA of Saratoga, may find its property taken by eminent domain because, according to Lawler, the association wants $150,000 for its easement.

"I wish we could make everybody happy, but we can't," he said.

Alex Mackay, who wants to sell water to the tech park, has also filed a lawsuit against the state challenging the constitutionality of allowing the water line to be installed in Moreau Lake State Park.

Citing the change in potential subscribers, Roy said, "The DEC requested an updated application from the water authority and, upon receiving that application, we will review it."

If the permit issues don't get resolved soon, Lawler said, it may be better for the Board of Supervisors to resume control because, with the original permit, they could get the necessary money quickly.

"We thought it would be easier to have a focused group run the project, just as we have a sewer commission, but the county has all its permits and it would be a lot easier for the county to build," he said.

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The First Constitution, 1777.

The first Constitution of any free people possesses a peculiar interest; especially is this true when, as in the case of New York, the Constitution is the outgrowth and culmination of more than a century of struggle for popular liberty.

Our first Constitution also excites additional interest from the circumstances surrounding its preparation; for it was not framed, as most of the later state Constitutions were framed, to accomplish a peaceful transition from a territorial condition to statehood, and where the authors, with research and deliberation, worked out a plan of government based on the best models.

The framers of our first Constitution worked in the stress of war and revolution and without a model, except as they may possibly have derived assistance from Constitutions of other states, recently adopted, but under which there had been little, if any, actual experience.

Neither was it framed by experienced men of mature years, but by young men reared in luxury, and who had not enjoyed the opportunities of public service and acquaintance with details of public affairs.

John Jay, who is understood to have been the chief author of the Constitution, was only thirty years of age, Robert R. Livingston, one of his colleagues, was only twenty-nine, and Gouverneur Morris, the other, was only twenty-four, when they were appointed on the committee to frame a form of government; yet these wise young patriots exercised a controlling influence in preparing a Constitution which was the fundamental law of the state for forty-five years, and many of whose provisions have been continued without change in all subsequent Constitutions.

The first Constitution was framed, adopted, and put in operation by a congress, or convention, chosen by the people of the colony, and which, after three intermediate congresses, was the successor of the colonial legislature.

The last Colonial Assembly was chosen under writs of election issued January 14, 1769, and returnable February 14.

The assembly met for its first session April 4, 1769.

It continued in session at different times until April 3, 1775, when it was prorogued until May 3, 1775.

It was prorogued at different times afterwards until March 11, 1776, and then again till April 17, 1776, but it did not meet at that time, and never met after April 3, 1775.

Events developing the Revolution were crowding each other rapidly during this period, and, in the absence of an assembly authorized to exercise legislative powers and attend to the affairs of the colony, the people assumed control, and at first by committees, and later through elected congresses, gradually worked out a plan of local administration of the colony, culminating in constitutional government * * *

On the 1st of May, [1775, the] * * * Provisional War Committee * * * requested the people of the several counties of the colony to elect delegates to a Provincial Congress, to meet in New York on the 22d of May, 1775, "to deliberate upon, and from time to time to direct, such measures as may be expedient for our common safety."

This congress met at the time appointed at the Exchange in the city of New York.

It is known as the First Provincial Congress, and it became substantially the successor of the Colonial Assembly, which had met for the last time on the 3d of the preceding April.

This congress, on the 18th of October, ordered an election of delegates by ballot, to constitute a new Provincial Congress, to meet November 14, 1775.

The first congress adjourned on the 4th of November.

The second congress was organized on the 6th of December, and continued its sessions at different times until its final adjournment May 13, 1776.

In April, 1776, an election was held for delegates to constitute a new Provincial Congress, to meet on the 14th of May.

The Third Provincial Congress, owing to the failure of a sufficient number of members to attend, was not actually organized until May 22, 1776.

It continued in session until June 30, 1776.

These congresses had no constitutional sanction, but were expedients resorted to by the people in a great emergency.

The Colonial Assembly, which had existed as a component and essential part of colonial government for nearly a century, had been dissolved.

Government by the people, in the manner so positively asserted in the Charter of Liberties, had apparently ceased, and the rights of the people had reverted to the people themselves.

It should be noted as a significant fact, evincing the deepest patriotism and the most conservative self-poise, that in all this trying period, from the failure of real representative government in the old assembly to the institution of a regular form of government under the new state, there was no attempt by any committee or body of patriots to usurp the recognized rights of the people; but in all cases each delegation to the Continental Congress, and each Provincial Congress, was composed of men chosen, either directly by the people, or by representatives of the people elected for that specific purpose: and the government and administration of colonial affairs exercised by the several Provincial Congresses were strictly representative, and recognized to the fullest extent the right of popular self-government * * *

On the 31st of May the Third Provincial Congress, then sitting in New York, adopted the following preamble and resolutions:

"AND WHEREAS, Doubts have arisen whether this Congress are invested with sufficient power and authority to deliberate and determine on so important a subject as the necessity of erecting and constituting a new form of government and internal police, to the exclusion of all foreign jurisdiction, dominion, and control whatever:"

"AND WHEREAS, It appertains, of right, solely to the people of this colony to determine the said doubt: Therefore"

"Resolved, That it be recommended to the electors of the several counties in this colony, by election in the manner and form prescribed for the election of the present congress, either to authorize (in addition to the powers vested in this congress) their present deputies, or others in the stead of their present deputies, or either of them, to take into consideration the necessity and propriety of instituting such new government as in and by the said resolution of the Continental Congress is described and recommended."

"And if the majority of the counties by their deputies in Provincial Congress shall be of the opinion that such new government ought to be instituted and established, then to institute and establish such a government as they shall deem best calculated to secure the rights, liberties, and happiness of the good people of this colony, and to continue in force till a future peace with Great Britain shall render the same unnecessary."

And

"Resolved, That the said elections in the several counties ought to be on such a day, and at such place or places, as by the committee of each county respectively shall be determined."

"And it is recommended to the said committees to fix such early days for the elections as that all the deputies to be elected have sufficient time to repair to the city of New York by the second Monday in July next, on which day all the said deputies ought punctually to give their attendance."

"AND WHEREAS, The object of the foregoing resolutions is of the utmost importance to the good people of this colony:"

"Resolved, That it be, and it is, hereby earnestly recommended to the committees, freeholders, and other electors in the different counties of this colony, diligently to carry the same into execution."

"Ordered, That the foregoing resolutions be published in all public newspapers in this colony, and in handbills to be distributed in the counties."

http://www.courts.state.ny.us/history/elec...lincoln/pg9.htm

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Shirley Temple on December 29, 2007 6:08 PM: In re Upstate vs. Downstate:

While the City of New York and the surrounding suburbs on Long Island and Westchester, Rockland, and Dutchess Counties account for probably half the population of the State of New York, that doesn't mean people from the City should run the place.

Sure, the Assembly is supposed to represent the people of New York and reasonably, City and surrounding area districts should have the lion's share of representation in that body.

However, where does the Senate stand?

Senate districts are, for all-intents-and-purposes, merely larger Assembly districts.

What do they correspond to?

Nothing.

The New York State Senate should track the Senate before the 17th Amendment.

The County Legislatures or the people of a county voting at large, should elect one senator to represent them.

That way, the interests of the people of New York City and its suburbs will be balanced in the legislature against, largely, the interests of the people of Upstate New York. In that way, even if one party controls the legislature, as seems destined, the different interests of the various regions will be represented in government.

Regardless of what one thinks of Joe Bruno, like it or not, he is basically the only person from upstate New York with any real power.

Without him and the Senate Republicans, who is representing the interests of Upstate?

No one.

With the upcoming elections and the likely Republican loss of the Senate, the third man in the room will be ANOTHER New York City Democrat.

Is that what this state needs?

JOHN GALT RESPONDS: Shirley Temple, dude ....

Just to let you know that I thought that this post of yours right above here raised some important issues that need to be dispassionately discussed in here in this coming new year ....

Your point about senators and senate districts certainly needs discussion .....

AND WHAT IS THE UNDERLYING PURPOSE OF OUR HAVING A SENATE HERE IN NYS GOVERNMENT?

We need some research on that specific topic ....

WHY DO WE HAVE A SENATE IN OUR CONSTITUTIONAL FORM OF GOVERNMENT HERE IN NYS?

And so ...

Posted by John Galt on January 2, 2008 6:56 PM

http://www.nydailynews.com/blogs/dailypoli...d-ends-158.html

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

In re John Galt:

Thanks for digging up my post from a few days ago.

I didn't think it got the recognition it deserved, if I may be so bold.

I'd actually have to look into the creation of the New York State Senate.

Having read Madison's Notes on the Constitutional Convention, I have a pretty good idea why we have the national Senate.

However, so far as I know, there isn't one good place to find the debates regarding the creation of the New York State Senate.

I'd have to look into it more.

Honestly though, there needs to be a major overhaul of the New York State Senate.

Either it should be shuttered entirely, rebuilt in the manner I suggested above, or go the way of the House of Lords in Britain (which I almost wrote as "House of Lards") and be a vestigial body where old men go to die.

Posted by Shirley Temple on January 2, 2008 10:23 PM

http://www.nydailynews.com/blogs/dailypoli...8.html#comments

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Oh, your post got recognition, alright, Shirley Temple ....

Which is why I saved it ....

It just didn't get the discussion that it requires ....

It was just a matter of timing is all ...

That was a busy weekend on other matters ...

Your post needs some carefaul thought and reflection, which is something that I have been doing on that subject for some time now ...

And I have had the same problem as you ...

Trying to research as to exactly where and why we have a senate in NYS ....

Clearly, from our state history, we are not stuck with the senate in the form that it is today ....

At one time, we had something like 300 senators here in NYS ....

And PORK up the ying-yang ....

Now we have less senators, but we still have the PORK ....

So something in the equation is out of whack, and I think your post needs more discussion, which is why I saved it and brought it forward in here ...

And so ....

Posted by John Galt on January 3, 2008 6:31 AM

http://www.nydailynews.com/blogs/dailypoli...8.html#comments

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Getting back to you, Shirley Temple ....

Here is where OUR NYS history starts with respect to our state Constitution ...

Note that the Philadelphia Constitutional Convention that gave us the national government and the U.S. Senate is still 10 years and a war of rebellion to be won in the future .....

From The Avalon Project at Yale Law School.

The Lillian Goldman Law Library in Memory of Sol Goldman

The Constitution of New York : April 20, 1777

IN CONVENTION OF THE REPRESENTATIVES OF THIS STATE OF NEW YORK,

Kingston, 20th April, 1777.

Whereas the many tyrannical and oppressive usurpations of the King and Parliament of Great Britain on the rights and liberties of the people of the American colonies had reduced them to the necessity of introducing a government by congresses and committees, as temporary expedients, and to exist no longer than the grievances of the people should remain without redress;

And whereas the congress of the colony of New York did, on the thirty-first day of May now last past, resolve as follows, viz:

"Whereas the present government of this colony, by congress and committees, was instituted while the former government, under the Crown of Great Britain, existed in full force, and was established for the sole purpose of opposing the usurpation of the British Parliament, and was intended to expire on a reconciliation with Great Britain, which it was then apprehended would soon take place, but is now considered as remote and uncertain;

"And whereas many and great inconveniences attend the said mode of government by congress and committees, as of necessity, in many instances, legislative, judicial, and executive powers have been vested therein, especially since the dissolution of the former government by the abdication of the late governor and the exclusion of this colony from the protection of the King of Great Britain;

"And whereas the Continental Congress did resolve as followeth, to wit:

" 'Whereas His Britannic Majesty, in conjunction with the lords and commons of Great Britain, has, by a late act of Parliament, excluded the inhabitants of these united colonies from the protection of his Crown;

and whereas no answers whatever to the humble petition of the colonies for redress of grievances and reconciliation with Great Britain has been, or is likely to be, given, but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the destruction of the good people of these colonies;

and whereas it appears absolutely irreconcilable to reason and good conscience for the people of these colonies now to take the oaths and affirmations necessary for the support of any government under the Crown of Great Britain, and it is necessary that the exercise of every kind of authority under the said Crown should be totally suppressed, and all the powers of government exerted under the authority of the people of the colonies for the preservation of internal peace, virtue, and good order, as well as for the defense of our lives, liberties, and properties, against the hostile invasions and cruel depredations of our enemies:

Therefore,

" 'Resolved, That it be recommended to the respective assemblies and conventions of the United colonies, where no government sufficient to the exigencies of their affairs has been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.'

Document Information

The Avalon Project : The Constitution of New York : April 20, 1777

The document is located at this URL : http://www.yale.edu/lawweb/avalon/states/ny01.htm.

Posted by John Galt on January 3, 2008 6:58 AM

http://www.nydailynews.com/blogs/dailypoli...8.html#comments

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

THE WAY THINGS ARE SUPPOSED TO BE, Shirley Temple ....

VERSUS THE WAY THEY REALLY ARE ....

That is what much of the discussion in here has been centering on since we all began a migration down to here last April from the CRAPORIFIC CENSORED TU CRAPCON BLOG up in Albany ....

And people generally tend to focus in on the ways things are ...

I.e., what you are stating about the NYS Senate ....

We don't know what it is supposed to be ....

All we know is the way it is right now ...

And in here, at this time, we have finally achieved some type of level where people are talking back and forth and discussing things in here without the RANCOR and ENMITY that so characterize the TU CRAPCON ...

And a new year is just starting out ...

So at least as a sidebar between yourself and mine ...

We can kick this matter back and forth some ....

My one critique of your first post, if you will, is a similar one I have to many posts in here ....

The author of the post assumes that things are intuitively obvious, or simple to understand, and that is not always the case ....

At least with me ....

I need things sometimes spelled out in more detail ....

And that would apply right now to your statement above that:

The New York State Senate should track the Senate before the 17th Amendment.

end quotes

Quite frankly, Shirley Temple, and I am not ashamed or afraid to admit it in here, you are pitching way above my level of ignorance with this statement ....

Right now, I cannot interpret it ....

I'm thinking that maybe there is some APPLES & ORANGES here ....

I assume that you mean the 17th Amendment to the US Constitution ....

Which I don't see as having any bearing whatsoever on this issue ...

BUT ...

That is not a challenge to a fight in here with you ....

I'm sick of that CRAP and if I wanted fights, I'd stay with the TU CRAPCON ...

Rather, it is an invitation to you to talk to me as if I were a child here ....

Develop this thought of yours a tad more, if you will .....

The beauty of this type of forum is that even though everybody and the subjects in here are always "moving on", sometimes at "light speed" it seems to me ....

As with your first post that I saved ....

Your words are frozen in time in here and can be further studied by people who are slow thinkers like myself ...

And so ...

Posted by John Galt on January 3, 2008 7:26 AM

http://www.nydailynews.com/blogs/dailypoli...8.html#comments

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

THE WAY THINGS ARE SUPPOSED TO BE, Shirley Temple ....

VERSUS THE WAY THEY REALLY ARE ....

And for "us", the citizens of the US who are also citizens of NYS, back in Kingston, on the 20th day of April, 1777 ....

The way things really were HERE IN NEW YORK is expressed in the following words, to wit:

Whereas the many tyrannical and oppressive usurpations of the King and Parliament of Great Britain on the rights and liberties of the people of the American colonies had reduced them to the necessity of introducing a government by congresses and committees, as temporary expedients, and to exist no longer than the grievances of the people should remain without redress .....

end quotes

TYRANNICAL AND OPPRESSIVE USURPATIONS OF THE KING AND PARLIAMENT ON THE RIGHTS AND LIBERTIES OF THE PEOPLE OF THE AMERICAN COLONIES .....

Hhhhhhmmmmmmm ....

A pregnant phrase, Shirley Temple ....

In 1777 ....

That has got us to where we were in 2007 here in NYS ...

When you made your post above that I have saved in here, because of its timeliness and importance, to me, anyway, since I am not the MASTER OF GROUPTHINK in here ....

Those words above in 1777 resulted in these words from OUR NYS Constitution, to wit:

THE CONSTITUTION OF THE STATE OF NEW YORK

We The People of the State of New York, grateful to Almighty God for our Freedom, in order to secure its blessings, DO ESTABLISH THIS CONSTITUTION

ARTICLE III - Legislature

Section 1. The legislative power of this state shall be vested in the senate and assembly.

end quotes

LEGISLATIVE POWER SHALL BE VESTED ....

Which comes directly from:

TYRANNICAL AND OPPRESSIVE USURPATIONS OF THE KING AND PARLIAMENT ON THE RIGHTS AND LIBERTIES OF THE PEOPLE OF THE AMERICAN COLONIES .....

Circular reasoning, Shirley Temple ....

There is one school of thought out there that says when we gave George III the boot, that we did not really get rid of the TYRANNICAL AND OPPRESSIVE USURPATIONS ON THE RIGHTS AND LIBERTIES OF THE PEOPLE OF THE AMERICAN COLONIES .....

ALL WE DID WAS TO CHANGE "OWNERSHIP" OF THEM ...

The TYRANNICAL AND OPPRESSIVE USURPATIONS ON THE RIGHTS AND LIBERTIES OF THE PEOPLE OF THE AMERICAN COLONIES were never really done away with, according to this school .....

Which has as its faculty such political luminaries here in NYS as Eliot Spitzer and his "partner" Joe Bruno ....

So that instead of being tyrannized and oppressed by some foreign king ...

We get to be tyrannized and oppressed by people in Albany ....

WHEREAS ....

I myself tend to focus on on these words:

THE RIGHTS AND LIBERTIES OF THE PEOPLE OF THE AMERICAN COLONIES

end quotes

WHAT EXACTLY ARE THOSE?

And how come we upstate people here in NYS don't have any?

IF PEOPLE HAD RIGHTS AND LIBERTIES BACK IN 1777 HERE IN NYS, HOW COME WE DON'T HAVE ANY TODAY?

MY POSITION in here is that OUR NYS Constitution was intended to END the TYRANNICAL AND OPPRESSIVE USURPATIONS ON THE RIGHTS AND LIBERTIES OF THE PEOPLE OF THE AMERICAN COLONIES forever ....

And thus has the stage been set for where we are in here right now, Shirley Temple .....

As I see it anyway .....

And the eternal question lingers, as always, for each of us in here:

WHICH SIDE ARE YOU ON?

And so ...

Posted by John Galt on January 3, 2008 7:57 AM

http://www.nydailynews.com/blogs/dailypoli...8.html#comments

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Good morning, John: that arcane discussion of the Senate and its history was interesting, and, speaking just for myself, I did not intend to give Shirley's or your comments short shrift.

The 17th Amendment to the US Constitution, a product of the age of reform, provided for the direct election of US Senators; 1/3 of the Senate every 2 years, with 6-year terms following each election.

This was to give the voters more say in choosing this august legislative body and taking it out of the realm of political corruption and control by the wealthy; to move it towards exactly the opposite of the English House of Lords, at least in theory.

The NY State Senate, on the other hand, seems like an appendage useful only to provide another big shot player (in this case, Joe Bruno) to be Majority Leader and have at least 1/3 of the power in the Empire State (a well-chosen nickname, dontcha think?).

We could get along just fine with just a one-house legislature representing the people and doing the people's business.

Other states seem to manage.

However, there's about as much chance of that ever happening as there is of eliminating member items and other pork.

Posted by IronMike on January 3, 2008 8:18 AM

http://www.nydailynews.com/blogs/dailypoli...8.html#comments

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by IronMike: Good morning, John: that arcane discussion of the Senate and its history was interesting, and, speaking just for myself, I did not intend to give Shirley's or your comments short shrift.

The 17th Amendment to the US Constitution, a product of the age of reform, provided for the direct election of US Senators; 1/3 of the Senate every 2 years, with 6-year terms following each election.

This was to give the voters more say in choosing this august legislative body and taking it out of the realm of political corruption and control by the wealthy; to move it towards exactly the opposite of the English House of Lords, at least in theory.

The NY State Senate, on the other hand, seems like an appendage useful only to provide another big shot player (in this case, Joe Bruno) to be Majority Leader and have at least 1/3 of the power in the Empire State (a well-chosen nickname, dontcha think?).

We could get along just fine with just a one-house legislature representing the people and doing the people's business.

Other states seem to manage.

However, there's about as much chance of that ever happening as there is of eliminating member items and other pork.

JOHN GALT RESPONDS: Mike, dude ...

Whether or not something might or might not happen, in my opinion, is no reason not to have the conversation AS IF ....

If we have no idea where we are in this state government-wise, then it is damn sure that we will never change ....

And so ....

In this conversation that Shirley Temple has started with that post, I am simply interested in the conversation ....

I am interested in how other people see this issue ....

And that can't happen if the conversation is still-born because people assume we will never be able to change things here in NYS ....

And so ...

The fact is that in the course of our history, WE, THE PEOPLE have in fact altered or amended the NYS Constitution to take power away from the governor ....

And to cut back the size of the NYS Senate from some 300 or so state senators to 50 ....

So it can be done, Mike ....

But that is not the issue right now, as I see it ....

The issue is more one of what would we do, IF we could do something .....

AND WHY?

WHY would we want to change our government?

What are we curing by doing so ....

And so ....

Posted by John Galt on January 3, 2008 6:20 PM

http://www.nydailynews.com/blogs/dailypoli...9.html#comments

[Livyjr]

THE NEW YORK POST

"IT'S CAPITAL CHILL AS SPITZ SPURNS ALBANY"

By KENNETH LOVETT Post Correspondent

January 3, 2008 -- ALBANY - Gov. Spitzer spent just 47 nights in the Executive Mansion here in 2007, The Post has learned.

All told, his aides said in response to inquiries from The Post, the new governor was in Albany a total of just 99 days last year - a time in which state government experienced its first gubernatorial transition in 12 years.

Spitzer and his family spent most nights in their Fifth Avenue apartment in a building owned by his wealthy real-estate developer father, as well as at an upstate farmhouse the governor and his family own.

Russell Haven, of the New York Public Interest Research Group, said Spitzer's lack of presence in the capital sends the wrong message when little is being accomplished in state government.

"The public normally doesn't really care where the governor's head hits the pillow, but when there's gridlock in Albany, it feeds into the perception that he should be in town more often," Haven said.

The last governor to live full-time in the mansion was Mario Cuomo, who famously spent few nights away from Albany.

While Cuomo wouldn't criticize Spitzer for choosing to live in New York City, he said he felt it was important during his years as governor to be a regular presence in Albany.

Cuomo made the move even after former Gov. Malcolm Wilson suggested he spend more time in Manhattan "because that's where the money is; that's where the power is."

"I chose to stay in Albany because that's where the government was," Cuomo told The Post.

"We enjoyed it."

"I was closer to government; the agencies and the agency heads."

"There's a lot more to the government than just the Legislature."

Before Cuomo, Gov. Hugh Carey lived at the mansion with his 13 kids.

Gubernatorial spokesman Errol Cockfield said that during the 2006 campaign, Spitzer committed to staying in Albany "as much as possible, given the fact he has three teenage daughters who are in high school.

"While the governor has to be in the state Capitol conducting business, he also has to be where there are many powerbrokers in the state, which is why there is an Albany office and a New York City office," Cockfield said.

New York spends $175,000 a year on the mansion to cover operating costs, including utilities, laundry, food, housing, events, and equipment, according to state Budget Division spokesman Jeffrey Gordon.

That does not include the salaries of those assigned to work there, he said.

Spitzer's frequent absences from Albany continue a trend started over the previous 12 years by his predecessor, George Pataki, who was frequently criticized for his time away from the capital.

kenneth.lovett@nypost.com

http://www.nypost.com/seven/01032008/news/...bany_831331.htm

[Livyjr]

THE NEW YORK DAILY NEWS

"Spitzer ex-aide Darren Dopp fights subpoena for Troopergate diary"

BY JOE MAHONEY, DAILY NEWS ALBANY BUREAU CHIEF

Thursday, January 3rd 2008, 4:00 AM

ALBANY - Darren Dopp, Gov. Spitzer's former spokesman, is seeking to quash a subpoena for diary-like notes he kept while the Troopergate plan was unfolding, sources said Wednesday.

The subpoena was issued to Dopp by the state Public Integrity Commission, which is investigating the dirty tricks plot against Senate Republican Leader Joseph Bruno.

Dopp, now employed by one of the state's largest lobbying firms, has been officially notified that he is the target of an investigation into potential ethics law violations.

Dopp's attorney, Michael Koenig, declined to comment on the attempt in state Supreme Court to stop the commission from getting Dopp's notes.

Sources said the so-called diary has already been sent to Albany County District Attorney David Soares by the governor's office.

When the first Troopergate probe was conducted by Attorney General Andrew Cuomo, investigators were unaware of the existence of Dopp's notes.

On the advice of administration lawyers, Dopp and Richard Baum, Spitzer's top aide, refused to undergo questioning at that time.

Soares also did not have access to the Dopp notes when he initially determined there was no criminal wrongdoing by anyone connected to the effort to tar Bruno with a story in an Albany newspaper that suggested the senator may have misused state helicopters.

Dopp himself disclosed the existence of the notes when he was quizzed for some 12 hours by commission lawyers.

Because of alleged inconsistencies in Dopp's testimony and the signed statement he gave to Cuomo's probers, the panel referred the matter again to Soares, whose probe is continuing.

With Troopergate probes still brewing, Bruno insisted yesterday that any attempt to make peace will have to come from the governor.

"That's his move," the GOP leader said.

"The governor started this war."

"The governor started this fight."

The Spitzer administration had no comment on his remarks, though one official close to the governor said privately Spitzer has gone out of his way to be "conciliatory" to Bruno.

jmahoney@nydailynews.com

http://www.nydailynews.com/news/2008/01/03...s_subpoe-1.html

[Livyjr]

"Deal would weaken NYRA power - Association's control of board cut under state plan"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Thursday, January 3, 2008

ALBANY -- State officials are crafting a deal that would weaken the New York Racing Association's control of its board of trustees.

NYRA is objecting privately to the plan, which is part of a deal being worked out by negotiators for Gov. Eliot Spitzer, Sen. Majority Leader Joseph L. Bruno and Assembly Speaker Sheldon Silver to extend NYRA's franchise to run state racetracks for another 20 to 25 years.

Under the plan, NYRA would have to reduce its board from 28 members, 20 of whom are NYRA appointees, to 21 members, 11 of whom would be appointed by NYRA.

Of the other 10 board members, the governor would appoint three, the Assembly speaker and Senate majority leader would each appoint two, and horse owners, breeders and organized labor would each name one.

Just before negotiators resumed private talks Wednesday, Bruno said in a news conference that the holdup in getting a deal completed includes the composition of the NYRA board, along with a guarantee on purse money for horse owners and a plan to get input on NYRA's affairs from the communities that host the races at the Aqueduct, Belmont Park and Saratoga tracks.

Bruno said the NYRA board needs fresh blood.

Its board of trustees currently includes people involved in thoroughbred horse breeding and ownership.

Most government appointees were named by Gov. George Pataki.

Several have been trustees for many years.

Under a proposal worked out in September, NYRA, a nonprofit racing association, had agreed to shrink its board to 19 members, with 13 NYRA appointees and six government appointees.

That deal preserved NYRA's super-majority.

The new proposal would give NYRA a simple majority on the board.

Blaming the lack of a deal on NYRA's resistance to changes aimed at increasing accountability and oversight, Bruno said he can support extending NYRA's franchise but isn't sure how long the term should be.

Negotiators for Spitzer have been able to move Bruno from his proposal of 15 years and are pushing for 30 years, one official close to the talks said.

The official said the framework of a deal is in place.

But NYRA will need some convincing, and a final deal will need the approval of a judge handling NYRA's Chapter 11 bankruptcy filing.

NYRA submitted a plan to emerge from bankruptcy after 13 months under protection from creditors who are owed some $310 million.

The plan is to be considered by a bankruptcy judge on Jan. 14, the latest deadline for negotiators to reach a franchise agreement.

The plan would have to be amended based on the deal now being worked out.

The goal is to give NYRA certain incentives -- including some $75 million to get out of bankruptcy and a franchise extension -- so that NYRA would drop its claim to owning the tracks and turn over the deeds to the state.

Last week, the state temporarily prolonged NYRA's right to run races until Jan. 23 even though its franchise expired after Dec. 31.

The move avoided a potential shutdown of the Aqueduct meet.

NYRA Chairman Steven Duncker declined to comment.

James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.

[Livyjr]

"GOP places tax relief on table - Senate Republicans offer to triple STAR rebate, end school property taxes"

By RICK KARLIN, Capitol bureau, Albany, New York

First published: Friday, January 4, 2008

ALBANY -- The Senate Republican majority on Thursday unveiled an $8.4 billion proposal to eventually triple school tax rebates, and for another $9.5 billion, give local school districts the option of eliminating school property taxes altogether by turning over that cost to the state.

The sheer cost and scope of the proposal almost guarantees it won't all be passed this year.

But the plan puts Senate Republicans -- who have a slender two-seat majority and who consider the tax-burdened suburbs of Long Island their power base -- on record as making school property tax relief their legislative priority this year.

"The property tax is the tax that all of the experts agree is hurting every region of this state," said Senate Majority Leader Joseph L. Bruno, R-Brunswick.

The plan calls for doubling the 2007 School Tax Relief, or STAR, rebate and then tripling it by 2009.

For seniors, the rebate would triple this year and quadruple in 2009.

Another proposal, dubbed NY-STOP, or Stop Taxing Our Property, would let people petition and then vote to have their districts drop their property taxes 20 percent for five years.

The state would then take over that responsibility.

The plan would also do away with income thresholds that Spitzer pushed through to favor middle- and lower-income families and freeze assessments for seniors.

Democrats were cool to the idea, which some suggested was unrealistic, especially given the projected $4.3 billion deficit looming in the coming year's budget.

"We all support property tax relief," said Assembly Speaker Sheldon Silver, D-Manhattan.

"How do you pay for it?"

"Are we shifting taxes?"

"Are we going to be forced to raise income taxes in order to pay for property tax reductions?" Silver questioned.

Gov. Eliot Spitzer's budget spokesman, Jeffrey Gordon noted the governor and Legislature instituted a sweeping boost to the STAR program which targeted relief to those who most needed it.

"This year, the governor is developing a budget proposal that balances the need for property tax relief with the need to control spending," said Gordon.

[Livyjr]

"Ex-Spitzer aide wants state panel probe halted - Darren Dopp's lawyer says Public Integrity Commission should hold off while DA investigates"

By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Friday, January 4, 2008

ALBANY -- The lawyer representing former gubernatorial aide Darren Dopp wants the state's Public Integrity Commission to freeze its investigation of Dopp pending another ongoing probe by District Attorney David Soares.

The commission, however, is fighting back, hiring its own lawyer, Thomas Gleason, to help keep its investigation moving forward.

While Albany County Supreme Court Justice Michael Lynch hasn't decided if the commission should hold off its inquiry, he did say that Dopp -- at least for the time being -- doesn't have to give the commission papers, e-mails or other documents pertaining to last spring's travel records scandal.

This latest episode unfolded on Thursday when Dopp's lawyer, Michael Koenig, sought to halt the commission's probe until Soares completes his investigation.

"When an individual is under criminal investigation, I believe all other investigations should be held in abeyance," said Koenig, who also suggested that leaks about the probes could represent an effort to influence Soares.

"I am increasingly concerned about the unnamed and anonymous sources who are appearing in the newspaper as the district attorney is conducting his investigation," he said.

Both the Public Integrity Commission and Soares are probing a scandal in which State Police produced travel records on the governor's main political foe, Republican Senate Majority Leader Joseph L. Bruno.

Police, responding to a request by the governor's office, re-created from memory Bruno's itineraries on trips that the Brunswick Republican made to New York City on a state helicopter.

Attorney General Andrew Cuomo in July concluded that there were no illegalities in that affair, but he said State Police should not have been drawn into what was essentially a political dustup.

Then, in September, Soares issued a report of his own that also found no laws had been broken.

In November, however, Soares reopened his probe, focusing on Dopp amid concerns that the former communications director gave conflicting statements to the district attorney and Cuomo.

Since that time, Soares has subpoenaed records from Spitzer's office, and the commission has proceeded with its own investigation.

Both the commission and Soares are seeking a variety of records, including details about a so-called "diary" or collection of notes that Dopp kept on the initial affair.

Rick Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com

[Livyjr]

THE NEW YORK POST

"SPITZER-PROBE BOSS IN VACATION UPROAR"

December 31, 2007 -- THE man supposedly leading a key state probe of Gov. Spitzer and the Dirty Tricks Scandal has abruptly taken a 21/2-week vacation in South America - after secretly receiving a $15,000 pay raise, The Post has learned.

Recently hired Public Integrity Commission Executive Director Herbert Teitelbaum's extended vacation in Argentina has left stunned commission employees questioning his commitment to a probe aimed at determining if Spitzer and his aides broke the law by using the State Police in an effort to politically damage Senate Majority Leader Joseph Bruno (R-Rensselaer.)

"People can't believe Teitelbaum just took off in the middle of the investigation," said a source close to the commission.

"This is the biggest scandal in a generation, and he leaves in the middle of the investigation, before the governor has undergone questioning?"

Teitelbaum, a longtime Manhattan lawyer with close ties to Spitzer's aides, was named in mid-July by another Spitzer appointee, commission Chairman John Feerick, as the $140,000-a-year head of the Ethics Commission.

He was then appointed to head the Public Integrity Commission in October, after the Ethics and Lobbying commissions merged into the new entity, with Feerick again as chair.

It's unclear if Teitelbaum has earned enough vacation and personal leave days to have 2½ weeks' paid time off.

Commission spokesman Walter Ayres contended that Teitelbaum was hired with the understanding that he would take a long vacation in December and said he would take unpaid leave, if necessary.

Ayres also claimed Teitelbaum was able to do his job from Argentina since "he's in contact almost on a daily basis."

But a second commission source insisted, "The whole place is adrift."

Teitelbaum's $15,000 pay raise two weeks ago was approved without public notice by Feerick, a former Fordham Law School dean accused by Bruno aides of seeking to cover up the scandal.

The nearly 11 percent pay hike came at a time when the state faces a massive, $4 billion-plus, projected deficit.

Teitelbaum's commission has been expected for months to take under-oath testimony from Spitzer, who has denied any wrongdoing but has repeatedly refused to answer questions about his possible involvement.

Spitzer is also fighting a subpoena issued by the GOP-controlled state Senate for a variety of scandal-related records, including e-mail messages.

Feerick, meanwhile, is being paid at least $75,000-a-year - along with undisclosed stock options - as a member of Wyeth Pharmaceuticals' board of directors, even as the drug giant employs a lobbyist whose activities are regulated by Feerick's own commission, The Post has found.

Feerick vowed earlier this year to sever business ties that could present a conflict-of-interest.

But Ayres insisted there was no conflict because Feerick is pledged to recuse himself from any issue involving Wyeth.

He also said Feerick will be required to leave Wyeth when he turns 72 next July.

But a source who deals with many drug-company lobbyists contended, "Feerick's ties to Wyeth will definitely raise the suspicion that one company and its lobbyists will be favored over all the others."

fredric.dicker@nypost.com

http://www.nypost.com/seven/12312007/news/...roar_906744.htm