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

[Livyjr]

"NYC demands drilling ban - Toxic gas may taint city's water"

By ABRAHM LUSTGARTEN, ProPublica, Special to the Times Union

First published: Wednesday, August 6, 2008

New York City officials have demanded a ban on natural gas drilling near its Catskills reservoirs because they fear the drilling could contaminate the city's drinking water.

They've asked the state Department of Environmental Conservation to establish a one-mile wide protective perimeter around each of the city's six major Catskills reservoirs and connecting infrastructure -- a buffer that would put at least 500,000 acres off limits to drilling.

They also want to wrest more regulatory control from state officials.

New York City is one of just four major cities in the United States with a special permit allowing its drinking water to go unfiltered.

And that pristine water comes from a network of reservoirs and rivers throughout five counties.

If the special permit were revoked, the city would have to build a treatment facility that could cost it nearly $10 billion, according to Walter Mugden, an official at the U.S. Environmental Protection Agency.

That's roughly what the state estimated it would earn from natural gas development over the next decade.

In a letter from the New York City Department of Environmental Protection to state officials, obtained by ProPublica, Commissioner Emily Lloyd said she was not satisfied with state assurances that the environment would be protected from drilling in the Marcellus Shale, a layer of rock that dives 7,000 to 9,000 feet below much of the Appalachian East, including south central New York state.

The letter doesn't offer specifics on how drilling might taint the city's water or explain the basis for a one-mile buffer, but it made clear that as guardians of New York City's water, city officials view drilling as a serious threat.

Lloyd asked that a state, city and federal working group be formed to reassess regulations in the watershed.

She also called for the city to be given a say in the state's permit review process, and for the public to be allowed to comment on each well permit, something that is not guaranteed now.

"If you are ranking areas of concern that need extremely careful protection (the New York watershed) would have to be at the top of anybody's list," said Mugden, director of the division of environmental planning and protection at the Environmental Protection Agency, region two.

"More than half the state depends on that watershed on a daily basis."

The Marcellus Shale is among several large new natural gas reserves in the United States that are becoming economically viable in a time of record oil and gas prices.

Recovering the gas involves a process called hydrofracking -- shooting millions of gallons of water and drilling chemicals at explosive pressure deep underground to break up the rock.

Hydrofracking requires more water than most other types of drilling, and the identity of the chemicals, which are sometimes toxic, is protected as a trade secret, making it difficult to assess how waste water can be safely treated and discharged.

An investigation last month by ProPublica and WNYC public radio found that New York state had not adequately assessed the environmental risks and did not have a complete regulatory structure in place to determine where the immense amount of water would come from or how it would be disposed of after use.

State officials did not know the chemical contents of drilling fluids the gas industry would use and was not aware of the level of contamination in other states.

Last week, Gov. David Paterson ordered the state DEC to undertake a 12-month update to the 16-year-old environmental impact assessment it uses to review permit applications.

He pledged to require the industry to disclose the chemicals it uses.

But Paterson did not promise to stop drilling from going forward in the mean time.

A prolonged regulatory debate could threaten production.

"If the state process involves a lot of concurrence with other agencies or environmental reviews along the line it can create potential for considerable delay," said Lee Fuller, vice president of government relations for the Independent Petroleum Association of America.

"(It) can really affect the cost of development and the schedule of development and the willingness of some producers to engage in that development."

New York City was not brought into the state's gas drilling talks until mid-July, even though state officials had worked on the issue for seven months.

The city sent a letter to state officials raising concerns about a new well-spacing bill that was before the governor and Lloyd requested special protection for the watershed a few days later.

The state and the city have tried to keep talks private.

Both sides have stressed cooperation.

"DEC has given us every assurance we have asked for," Lloyd said through a spokesperson Friday, "... that environmental review will be very stringent, that we will be at the table throughout the process, and that protecting water quality is their first priority as well as ours."

The face-off pits New York City's interests against the broader economic needs of the state, so finding a solution may not be easy, said Eric Goldstein, an attorney with the Natural Resources Defense Council.

Gas leases are selling for up to $3,000 an acre in parts of the state with stagnant economies.

Upstate-downstate friction can be attributed at least in part to New York City's controversial acquisition of watershed lands in the early 1900s, Goldstein said.

Goldstein said New York City may have the law on its side, because the state's public health law gives it a lever to set pollution controls in the watershed.

But Goldstein predicted the city is more likely to search for a cooperative solution that leaves the door to open for upstate economic growth while still saving its water.

"You could say that from a legal standpoint they have authority," Goldstein said.

"How and whether they might choose to use it is another question."

Abraham Lustgarten is a reporter with ProPublica.

Reporting

This story was reported and developed by ProPublica, an independent, nonprofit newsroom that produces investigative journalism. ProPublica is led by Paul Steiger, former managing editor of The Wall Street Journal, with key funding provided by the Sandler Foundation. This story is exclusive to the Times Union and WNYC public radio.

[Livyjr]

"DA records: State police head angry over release"

By MICHAEL GORMLEY, Associated Press

Last updated: 4:23 p.m., Tuesday, August 5, 2008

ALBANY -- More than 8,500 pages of interviews, e-mails and documents released Tuesday include the angry testimony of the former state police superintendent who compiled specific travel records on Gov. Eliot Spitzer's chief political enemy but said he never intended the records to become public.

The testimony of former Acting Superintendent Preston Felton, made a year ago behind closed doors to the Albany County prosecutor, shows the state police veteran was angry the records he provided at the request of top Spitzer aides were released to a newspaper.

The records showed exactly where then-Senate Republican Majority Leader Joseph Bruno was traveling in New York City when he used state aircraft.

Felton, who now faces an ethics charge for his role in the scandal that paralyzed New York's government for a year, testified that William Howard, a key Spitzer public safety aide, ordered him in 2007 to create the synopsis of Bruno's travels.

The details went beyond what state police in previous administrations would release publicly about a politician's travels, Felton said.

Those details are usually kept quiet as a security precaution.

"I will say this to you, when they brought to my attention that those materials were in the newspaper, they had to scrape me off the roof because that's not why, you know, those were given to him (Howard) and it was made plain and clear to him that that's not why they were given to him," Felton said.

"My recollection is it wasn't a pleasant situation."

Felton faces an ethics charge by the state Public Integrity Commission that could result in a $10,000 fine for his role in the scandal.

Now retired, Felton has refused to comment publicly.

"We're kind of stuck in the middle of this thing," Felton testified a year ago.

"You know, provide transportation, don't provide transportation."

"They, you know, stick us in the middle, and we shouldn't be in the middle, basically."

The Public Integrity Commission, in its report issued July 24 of this year, accused Felton of "knowingly and intentionally" violating ethics law for compiling travel data "that he believed would be provided to the media by the executive chamber."

Felton said Howard was his boss and that he, as head of the state police, worked for Spitzer.

"We're part of the executive department, we have to live with that," Felton testified in the August 2007 interview with Albany County District Attorney P. David Soares.

"They changed a lot of things from the old way of doing business."

"We had to live with that."

"You know, it's just a fact of life."

Spitzer Communications Director Darren Dopp turned the state police records over to a newspaper reporter who wrote a July 2007 article that was critical of Bruno and, Spitzer aides said internally, might expose Bruno to greater attention by the FBI that was already investigating him.

The records were released under the state Freedom of Information Law, often referred to as FOIL.

"What I made clear was this is not a FOILable document," Felton testified.

Howard accepted a lesser ethics charge by the Public Integrity Commission that carries no penalty.

Dopp also faces a possible $10,000 fine by the Public Integrity Commission if the ethics charge against him is proven.

Dopp has told Soares that Spitzer played a larger role in the release of records in the scandal than he and his lawyers have acknowledged.

The Public Integrity Commission also picked up a copy of the Soares documents Tuesday.

As for Spitzer, the governor was asked in his voluntary, unsworn interview if he ever ordered "any type of surveillance by anyone on Senator Bruno."

"Absolutely not," Spitzer stated.

The Democrat also said he was unaware of any change in policy for the release of state records.

But internal e-mails, in which he identifies himself only by his middle name "Laurence," shows Spitzer was angry at Bruno.

On June 22, 2007, "Laurence" said he wanted to reach out to other senators in part because "it will further undermine Bruno if we go around him."

A May 16, 2007, e-mail with typos and sentence fragments from Laurence also says of Bruno:

"I want to punch back at him."

"He is making personal attacks and I am going really go after him at some point."

E-mails exchanged the day the Bruno story ran in the Albany newspaper, showed Spitzer aides sought to capitalize.

"How does it look?" Spitzer wrote early that day.

"Gotta see to believe," Dopp responded.

"Think we need to move quickly to refer it to proper authorities."

"Wow."

"He's got a problem," Dopp e-mailed Secretary to the Governor Rich Baum.

"Ground him and refer to IG?" he also wrote, referring to the state Inspector General's Office.

"Exactly," Baum wrote.

In other records released Tuesday, a top Spitzer aide said the governor approved the decision to have aides submit written statements instead of personally testifying in the attorney general's initial investigation into the dirty tricks scandal that followed the newspaper article.

Spitzer's approval came even as the governor was saying publicly that he and his administration would fully cooperate with the probe.

The records also show some statements provided by the governor's office were handled in a way that they ended up being "perjury proof" and that two top aides at the center of the travel scandal differed in their recollection.

The DA's report did not conclude if the statements by Dopp and Baum were intentionally made perjury-proof.

In his testimony, governor's counsel David Nocenti "emphatically denied" he intentionally orchestrated the aides' statements in such a way that Dopp and Baum couldn't face perjury charges.

After first concluding there was no plot, Soares later issued a report in which Dopp accused the governor of ordering the release of the travel records.

There was no immediate comment Tuesday from Spitzer's spokeswoman.

He resigned March 17 after he was named in a federal prostitution investigation.

"Thousands of hours have been expended over the past year to uncover that no laws were broken and that politicians will always attempt to undermine their political enemies," Soares said.

------

AP Writers Valerie Bauman and Michael Virtanen contributed to this report from Albany.

[Indianhead]

Know about this yet?


Site Reveals Salaries of New York State Employees, Other State Financial Data

Aug 3, 2008, By Al Smith

Found in: Security

On Thursday the Empire Center for New York State Policy launched a Web site that reveals everything financial about New York State government including:

Complete list of state government employees, job titles and salaries.
Teachers' union and superintendent contracts for nearly every school district in New York State.
What the Empire Center terms the Legislature's "pork-barrel community projects" spending for 2008-09.
Internal operations expenditures by the state Assembly and Senate.
The site SeeThroughNY.net may soon add local government financial data as well.

The Empire Center is a project of the Manhattan Institute, a conservative think tank, and the site is bound to be controversial as most public employees feel publishing their salaries by name is an invasion of privacy. However, the state's Freedom of Information Law states: "The people's right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. The Legislature therefore declares that government is the public's business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article."


I feel sure ya did...but I've learned not to assume...

[Livyjr]

Thanks, IH ....

Yes, it is better to not assume ....

There is so much going on in the world that at times it seems overwhelming ....

And I do miss things ....

I have become aware of this site in the last so many days, although in the rush of things, I really haven't had an opportunity to do much with it ....

THANKS, IH, for bringing it to our attention in here ....

BACKSTOPPING, I think they call that ....

And so ...

[Livyjr]

"Fort Ticonderoga may have to sell artifacts - Historic site in trouble after losing support from Mars candy mogul"

By CHRIS CAROLA, Associated Press

First published: Sunday, August 10, 2008

TICONDEROGA -- Fort Ticonderoga, one of the nation's oldest and most significant historic sites, is so financially strapped that its trustees are considering selling off some of the fort's vast collection of artifacts, including artwork believed to be worth millions.

The move comes after the fort lost the support of one of the billionaire owners of the Mars candy company amid disagreements with Fort Ticonderoga's longtime executive director, Nicholas Westbrook.

The situation has prompted a group of former Fort Ticonderoga curators and administrators to write letters to state officials, urging them to reject any efforts to sell off pieces from the collection, which contains valuable works by such artists as Thomas Cole, considered the father of the 19th century's Hudson River School.

Peter Paine Jr., the new president of the board of trustees for the Fort Ticonderoga Association, sent a memo last month to board members outlining the financial crunch and listing several options to try to erase about $2.5 million in debt.

Among them was closing next year and selling "Gelyna, View Near Ticonderoga," painted by Cole after he visited Ticonderoga in the 1820s.

Other Cole works have sold for more than $1 million.

Besides being a privately owned tourist attraction operated as a not-for-profit, Fort Ticonderoga is also a state-chartered museum.

Museum charters are granted by the Regents, which must approve any sale of artifacts or artwork.

Westbrook, who has directed fort operations for 20 years, called its current situation a "hiccup in the road" and said Paine's memo was intended to jolt board members into action.

[Livyjr]

"Teachers' union has quiet clout in local votes"

By MICHAEL GORMLEY, Associated Press

Last updated: 2:12 p.m., Saturday, August 9, 2008

ALBANY -- Local school budget votes were expected to be close last May in hard-pressed school districts in Erie County, Albany and Long Island's Massapequa.

Tensions were high among taxpayers facing rising gas and food prices and Gov. David Paterson had just recommended a 4-percent cap on growth of New York's highest-in-the-nation property taxes.

But those seeking to pass the budgets had an edge.

The New York State United Teachers union, perhaps New York's most powerful lobbying force, quietly cut $2.3 million in checks to its locals this spring, according to an analysis by the New York Public Interest Research Group.

The union annually sends more than $1 million to districts that expect close budget votes, local taxpayer opposition, or school board candidates who disagree with NYSUT's lobbying goals.

Frequently, it pays off.

Almost $3,000 went to Lancaster, where the budget passed by 298 votes out of 2,298 cast; more than $2,000 went to Albany, where the budget passed by 320 votes out of 4,342 cast; and nearly $5,000 went to Massapequa, where the budget passed by 535 votes out of 5,325 cast.

The results mirrored most of the 92 percent of the state's 700 districts where budgets were approved, raising taxes beyond the rate of inflation.

In the Hudson Valley's Arlington school district, the budget was defeated by 341 votes out of 5,101 cast.

NYSUT sent $7,254 to that rural district serving 10,400 students.

"Spending a few thousand dollars on a school election is the equivalent of using a Howitzer on a mosquito," said NYPIRG's Blair Horner.

NYSUT and its local unions aren't required to report in state election records how the money was used.

NYSUT spokesman Carl Korn said the local spending comes from a voluntary $1 assessment on each member's paycheck, or about $20 a year for each of the union's 220,000 active members.

"Some of it gets rebated back to the locals," Korn said.

"It's used to support pro-education candidates, for school budget campaigns or local political issues."

He said districts with particularly difficult budget votes or adversarial school board candidates can get more.

NYSUT's "solidarity fund" could also be tapped if needed for "pro-education candidates and to urge `yes' votes on local school budgets."

NYSUT said the money pays for phone banks where volunteers can blanket a community with phone calls pushing their position, lawn signs and mailings to other NYSUT members who live in the community but work in another district.

Only rarely is there an organized effort on the other side of the issue, and funding like NYSUT provides would be hard to counter in a local school district.

The union's local spending augments its annual $1 million TV and radio ad blitz statewide, urging passage of school budgets for their children's' sake because, as one 2006 ad put it, "it's the right thing to do."

The local spending is magnified by the chronically low turnout, about 11 percent statewide, a number so small Gov. David Paterson in June called the votes an inaccurate reflection of the public will.

Usually, unions must detail their spending campaign and lobbying records.

For example, those records show NYSUT directly contributed more than $700,000 to legislators and political parties in 2007 and spent more than $1.8 million on lobbying that year.

But school elections are governed instead by education law.

"The fact that the union is spending millions of dollars to push its own interest shouldn't be a surprise."

"But the public should know that," NYPIRG's Horner said.

"The question is, should the public have that information when they go to the polls."

"The answer is,`Yes.'"

"We know what they say (the money's for), but we don't know."

"It could be to vote 'yes' on the budget or for summer barbecues."

"Who knows?" Horner said.

Last week, billionaire B. Thomas Golisano pledged $5 million to fund state Legislature candidates this fall willing to take on special interests, singling out NYSUT.

He estimated, based on dues paid by NYSUT's 600,000 workers and retirees in education and health care, that the union has $60 million worth of clout in Albany, pushing spending that has led to the high property taxes that drive employers away.

"Nothing ever changes," Golisano said.

"And we're here in this rut for two decades."

[Livyjr]

"Paterson wants $500 million in Medicaid cuts, plus decreases in pork and local aid"

By RICK KARLIN Capital Bureau, Albany, New York Times Union

Last updated: 1:35 p.m., Monday, August 11, 2008

ALBANY -- Gov. David Paterson wants lawmakers next week to approve what could be more than a half billion dollars in Medicaid cuts.

The governor also wants decreases in pork barrel projects and $250 million in local assistance grants as a way to stave off what he predicts will be a growing deficit next year due to a faltering economy and continuing troubles on Wall Street.

"We're headed for even greater problems than we have now,'' the governor said, adding that he believes next year's projected $6.4 billion deficit could grow even more.

The governor said he has laid out his plan to legislative leaders and wants them to approve the election-year cuts next Tuesday when they come back for a special session.

Paterson isn't completely dictating the cuts, however, as he's said he needs $600 million in cuts to balance next year's budget.

His options amount to $1.04 billion but lawmakers may pick and choose where to make the deepest cuts.

One area that is off the table, however, are cuts in school spending, which last year saw a record $1.8 billion increase in state aid.

With the school year starting in less than a month, Paterson said, such cuts would be too disruptive.

[Livyjr]

"Rensselaer mayor blames development for flooding - Homes and business must be inspected before National Grid restores service"

By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union

Last updated: 10:53 a.m., Tuesday, August 12, 2008

RENSSELAER -- Mayor Dan Dwyer blamed rapid development in East Greenbush and North Greenbush for adding to the storm runoff that spilled into tributaries of the Hudson River Monday and flooded low-lying sections of the city.

"There is a lot of growth going on up there."

"It's more than can be handled," Dwyer said at a news conference this morning where he assessed damage from a storm that left more than 30 flood victims looking for help from the Red Cross.

Dwyer said development at the University at Albany's East Campus on the edge of neighboring East Greenbush and new shopping centers in that town and North Greenbush are sending more run-off into the system.

He told reporters that the state should build a retaining pond at the East Campus to keep some of the water from pouring into his city, which lies between East Greenbush and North Greenbush and the Hudson River.

Meanwhile, some residents are being allowed back in to assess damage, but inspections must be done before National Grid can restore power to 27 homes and two business that were flooded Monday.

The severe flooding that swamped low-lying sections of the city Monday forced 33 people to visit an emergency shelter and damaged 37 homes, officials said.

As of early this morning, damage was found to homes on nine different city streets, officials said.

Flood waters rose as a torrential storm hit Rensselaer Monday afternoon.

It was jut the latest heavy storm to hit the area since June.

So far more than 14 inches of rain have been dropped on the area.

The city will remain in a state of emergency into today, Dwyer said.

Six streets were closed Monday evening and firefighters used a boat and a jet ski to search homes after heavy rain left more than five feet of water in some parts of the city.

Amtrak service also was closed between the city and Hudson for a few hours Monday afternoon because of flooding on the tracks.

wyer said at least 16 homes in the city were evacuated and the American Red Cross of Northeastern New York had set up a shelter in City Hall.

Dozens of residents made their way to the shelter Monday evening for food and water.

The flooding began to subside Monday evening and Dwyer said the six closed streets Broadway, Willow, Sixth, Lawrence, East and South could be opened Tuesday morning once they are inspected.

Widespread hail and flooding was reported Monday throughout the region.

[Livyjr]

"NY AG expands auction-rate securities probe"

By STEPHEN BERNARD, Associated Press

Last updated: 2:42 p.m., Monday, August 11, 2008

NEW YORK -- New York Attorney General Andrew Cuomo said Monday he is expanding his investigation into the collapse of the auction-rate securities market to include JPMorgan Chase & Co., Morgan Stanley and Wachovia Corp.

Last week, Cuomo's office and the Securities and Exchange Commission reached settlements that forced Swiss bank UBS to repurchase $18.6 billion in the securities, while Citigroup agreed to buy back $7 billion of the securities.

UBS will also pay a fine of $150 million, while Citigroup will pay a $100 million fine.

"This is an industrywide problem," Cuomo said in an interview.

"This is not about one or two institutions."

"We are now working with the other players in the industry."

Cuomo sent letters to JPMorgan, Morgan Stanley and Wachovia telling them that his office is reviewing the banks' behavior in the sale of auction-rate securities.

The attorney general will determine if the banks knowingly misrepresented the safety of the securities when selling them to investors.

Morgan Stanley spokesman Mark Lake said the New York-based investment bank has "been and continues to cooperate fully with the regulators and (has) been working with clients since February to provide liquidity on a case-by-case basis."

A Wachovia spokeswoman said the Charlotte, N.C.-based bank is meeting with regulators.

JPMorgan declined to comment.

Cuomo said meetings with banks have been ongoing for "weeks, if not months."

"We've had conversations with these banks," Cuomo said.

"We think the banks are eager to resolve the matter."

The $330 billion auction-rate securities market involved investors buying and selling instruments that resembled corporate debt, except the interest rates were reset at regular auctions, some as frequently as once a week.

A number of companies and retail clients invested in the securities because they could treat their holdings almost like cash.

The bond-like investments were widely held by many institutional and individual investors and were seen as highly liquid, money market-like investments.

However the market for them collapsed in February amid the downturn in the broader credit markets.

Regulators have been investigating the collapse in the market to determine who was responsible for its demise.

UBS and Citigroup agreed to repurchase the securities at par value as part of the settlement.

Any customers who sold the securities at a loss after the market failed will also be reimbursed.

Shares of JPMorgan rose $1.10, or 2.7 percent, to $42.17 in afternoon trading as the broader market rose.

Morgan Stanley shares rose 48 cents to $45.52.

Wachovia shares rose 44 cents, or 2.5 percent, to $18.37.

[Livyjr]

"Paterson calls for $1 billion more in budget cuts"

By VALERIE BAUMAN, Associated Press

Last updated: 5:42 p.m., Monday, August 11, 2008

ALBANY -- Legislative leaders were noncommittal Monday to New York Gov. David Paterson's plan to cut at least $600 million from the state budget in Medicaid, pork barrel spending and aid to local governments.

Paterson proposed $1 billion in spending cuts for the Legislature to consider at its special session Aug. 19, suggesting they try to find at least $600 million to cut.

With about a week before the one-day session, Senate majority Leader Dean Skelos and Assembly Speaker Sheldon Silver had little to say about the governor's proposal, which they had just received on Monday.

The plan would not include any reductions in school spending.

"We will review the proposals advanced today by the governor and will continue to work with the governor and with our colleagues in the Senate," Silver said in a written statement.

Skelos applauded the governor for taking steps to reduce spending, but offered a few reservations.

"It's important that the governor and Legislature not take any actions that would force local governments to raise their local taxes," Skelos said in a statement.

Paterson suggested the state cut financial aid to local governments by $250 million, about 6 percent.

Silver pointed out that his chamber had forecast a recession months ago.

Skelos noted that Senate Republicans had passed the governor's tax cap and said New York needs to do more to root out Medicaid fraud.

But neither specifically supported any cuts.

Among Paterson's proposals is cutting $50 million in funding for the City University of New York.

He's already trimmed a similar amount in the State University of New York system.

The biggest proposed reduction would be $505 million in Medicaid funding, including $169.4 million cut from nursing homes and $99.4 million from hospitals.

The Greater New York Hospital Association and SEIU, a union representing health care workers, described the cuts as "staggering" and warned they "would devastate New York's health care infrastructure and severely threaten access to care."

"In just a few short weeks we have gone from suggestions of shared sacrifice to making hospitals and nursing homes into sacrificial lambs," said William Van Slyke, vice president of the Healthcare Association of New York State.

Comptroller Thomas DiNapoli said Paterson's proposed cuts come when "New York State is facing serious fiscal challenges and spending well beyond our means."

Paterson ruled out tax increases "for the time being," including the Assembly Democrats' call for a higher income tax on those making $1 million or more.

The proposal doesn't include reducing state school aid, which was boosted a record $1.8 billion in April to more than $21 billion.

Education spending is pushed by the strongest lobbyists in Albany, including the New York State United Teachers union and the state School Boards Association.

Another $132 million in Paterson's proposal would come from postponing some legislative programs approved this year, but he didn't identify them.

He would also limit pork barrel spending by legislators and his office to $100 million for specific programs, charities and projects.

Paterson said he wants cuts that will offset future years of overspending.

When Paterson called for spending cuts July 29, the majority Senate Republicans and Assembly Democrats immediately ruled out trimming their highest priority programs.

Both chambers opposed cuts to school aid.

Any cuts to education, health care and pork barrel spending for projects lawmakers support in their districts will likely be tricky in this election year.

Without making the cuts, Paterson said the Legislature may be forced to return to Albany in November to address the deficit.

His two-year plan would cut $2.6 billion, if supported by the Legislature.

New York City Mayor Michael Bloomberg said "the governor has taken the tough next step."

In April the Legislature approved a $122 billion budget that increased spending by $5 billion, or 4.5 percent, over the previous fiscal year and added $11.5 billion in new debt that will be issued over several years.

That followed the 2007-08 budget that increased spending 8 percent.

------

Associated Press writers Michael Gormley in Albany and Sara Kugler in New York contributed to this report.

[Livyjr]

"Investigators: No-show bilked nearly $20,000 from state - Larry Ritter is husband of commissioner in Paterson administration"

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

Last updated: 1:27 p.m., Tuesday, August 12, 2008

ALBANY - The husband of Gov. David Paterson's commissioner for disabilities services lost his $87,838 state job Monday after the state Inspector General's Office concluded he bilked the state out of nearly $20,000.

Although investigators found no wrongdoing against Office of Mental Retardation and Disabilities Services Commissioner Diana Jones Ritter, they referred their findings on Larry Ritter, 52, to prosecutors.

Larry Ritter has worked at the Office of Temporary and Disability Assistance since February 1987.

He is accused of putting in for 48 days of pay to his state office even though he didn't show up for work and was instead earning income elsewhere as a consultant during the absences.

Inspector General Joseph Fisch described Ritter's behavior as a pattern of fraud and misconduct that spanned from at least June 2003 to December 2007 and asked the Albany County District Attorney's office to prosecute.

The alleged crimes, based on his submission of false time sheets, resulted in his taking $18,813 in state pay for days he didn't show up for work as his agency's equal employment opportunity officer and affirmative action officer, the Inspector General's office said.

Instead he was conducting seminars - harassment workshops - at area schools and businesses, sometimes with an employee of the Governor's Office of Employee Relations, Roxanne Wright, who appropriately charged her time away from her state job.

Wright's outside work required prior approval, however.

She resigned her job, which carried a $85,000 salary, in June.

Ritter is also accused of violating his agency's rules by doing the same type of work he was hired to do for the state as a consultant, starting in 2003, and as his own private operator, creating Diversity Solutions, starting in 2006.

His total state compensation, including salary of $87,838, was $89,719 in 2007.

Ritter's lawyer, William Dreyer, did not immediately return a call.

The IG investigation found that Commissioner Ritter was unaware of her husband's outside activities and improper time away from his state job.

Diana Ritter said the matter has resulted in a tough time for "me and my family."

She said she intends to focus on her work with the state while privately addressing the issues raised in the investigative report.

"State time is for state work, not for subsidizing one's private business," Fisch said.

Fisch's investigators said when Ritter had been confronted about his time sheets by a superior, he'd essentially told the manager to stay out of his affairs.

"Our agency takes these findings seriously and we have no tolerance for such violations of the public trust."

"Mr. Ritter has been terminated, effective immediately," said Office of Temporary and Disability Assistance Commissioner David Hansell, who had referred concerns about Larry Ritter to the IG almost a year ago.

[Livyjr]

DATE: October 11, 1988

TO: John Buono, Rensselaer County Executive

FROM: Associate Public Health Engineer, Rensselaer County Health District

SUBJECT: Integrity of Environmental Health Programs

As the Director of the Environmental Health Division, it is my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds.

I have reached a juncture where such certification by myself is no longer feasible.

My certification of our operations is as a licensed professional.

My conduct is governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.

Section 29.1(b)(6) defines unprofessional conduct as "willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so."

I can no longer vouch for the integrity of our programs and will not place my professional standing in jeopardy.

It is my professional opinion stated in writing to yourself that the programs I am responsible for have been very seriously undermined and compromised.

As my internal investigation proceeds, the probability of actions for damages against the Department increases, due to errors of omission and commission of former engineers and the Public Health Director.

As the Public Health Law requires me to conduct investigations into incidents involving public health nuisance or hazard, I find myself in the course of such investigation returning to our own files with consistent violation of code on the part of County staff.

"Growth's impact on Rensselaer floods to be studied - County to investigate storm water runoff; relief fund established"

By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union

Last updated: 1:58 p.m., Wednesday, August 13, 2008

RENSSELAER - Rensselaer County is going to investigate whether builders complied with regulations to control storm water runoff during recent construction projects in Rensselaer, East Greenbush and North Greenbush, County Executive Kathleen Jimino said today.

The decision comes a day after Rensselaer Mayor Dan Dwyer said storm runoff patterns may have been altered by developments to the east of the Hudson River city.

This morning, Jimino said:

"When the dust settles, we'll all sit down to review what happened here."

"Is there something more that we need to do at the municipal level, the the county level to strengthen those storm water regulations when developers are putting in houses or businesses."

The county's Storm Water Management Review Committee will convene in the near future to review whether developments in Rensselaer, East Greenbush and North Greenbush have complied with regulations to reduce the impacts of runoff from storms.

Meanwhile, Dwyer says engineers will examine the site of the new high school of Washington Avenue as they try to assess why flood waters so rapidly inundated the city.

City officials worry that the school built over the last few years on a hill near Interstate 90 might be sending increased rain water into the city's creeks and storm sewers.

The city is establishing an emergency fund at KeyBank to help flood victims.

State Emergency Management Office officials are assessing the damage and the city is adding up the damage to homes, businesses and government buildings to determine if any of the damage can be repaired with government money, Dwyer said.

Torrential rains flooded Rensselaer Monday afternoon, damaging at least 37 structures in low-lying areas and forcing dozens of people to flee their homes.

Appearing at a news conference this morning with Dwyer, Red Cross officials say they have helped 76 people in 35 families deal with displacement and damage.

City police say most flood victims lost furnaces and water heaters because of the flood.

Everybody is back in their homes and the Red Cross will close its emergency shelter later today.

[Livyjr]

I'M TARGETING THE NY TEACHER'S UNION AS AN ENEMY OF GOOD, FAIR AND HONEST GOVERNMENT IN NEW YORK STATE ....

I'M TIRED OF THEM BLEEDING US YEAR AFTER YEAR AFTER YEAR ...

USING OUR TAX DOLLARS TO CORRUPT OUR GOVERNMENT AS IF THEY OWNED IT ....

WHICH THEY PRETTY MUCH DO ...

And so ...

"NY teachers union targets lawmakers over tax cap"

Associated Press

Last updated: 3:22 p.m., Wednesday, August 13, 2008

ALBANY -- New York's powerful teachers union is withholding its endorsement from lawmakers who vote for Gov. David Paterson's tax cap proposal.

Losing the endorsement, votes and campaign support from local teachers -- and campaign funding from the New York State United Teachers union -- could be a big blow to incumbents.

Veteran Senate Republicans facing stiffer Democratic opposition this year and the possible loss of their majority would be particularly vulnerable.

The Senate's GOP majority last week supported the Democratic governor's proposal to cap growth of the nation's highest property tax at 4 percent annually, unless local voters overwhelmingly agree to higher spending.

The Assembly could face a vote in Tuesday's special session.

[Livyjr]

"Judge steps down over misconduct allegation - State panel cited Hudson Falls jurist Michael M. Feeder"

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

First published: Thursday, August 14, 2008

HUDSON FALLS -- A judge in Washington County has resigned as part of an agreement with the state Commission on Judicial Conduct over allegations of misconduct against him.

Judge Michael M. Feeder used his position as justice of the Hudson Falls Village Court to have a motorist arrested, and then he presided over the case when the defendant was tried, the commission found.

The panel also found that Feeder presided over cases that involved members of the village Police Department without disclosing his personal friendship with Assistant Chief Randy Diamond.

Feeder agreed to resign and never again run for judicial office.

The judge's last day at work is Friday.

In his letter of resignation, Feeder wrote:

"In the 11 years that I have been privileged to serve as a judge, I have handled more than 24,000 cases."

"The Commission has taken issue with the way in which I conducted myself in some of those cases."

"Although I was not conscious at the time that my actions were improper, upon further review and reflection I believe that I did in fact err in certain respects."

Feeder went on to say his goal was to make his community a better place.

"There are some that will say that I have accomplished my goal by my contributions as a judge and others who will say that I did so by stepping down," Feeder wrote.

[Livyjr]

"Second look at flood source - Doubt cast on claims that Rensselaer was swamped by water from upstream"

By KENNETH C. CROWE II, Staff writer, Albany, New York Times Union

First published: Thursday, August 14, 2008

RENSSELAER -- Torrential rains in the city, not a rush of water from the upstream Quackenderry Creek, appears to have caused Monday's flooding, according to a preliminary review issued Wednesday by the state Department of Environmental Conservation.

DEC staff members were out along the creek Tuesday and Wednesday checking how a flood control dam and retention pond about three-quarters of a mile upstream from the Hollow neighborhood had performed during the heavy rainstorm.

"The flood control on the creek did operate as designed."

"The emergency spillway was not activated."

"That would seem to indicate that the flooding upstream did not cause the excessive flooding downstream," DEC Region 4 spokesman Rick Georgeson said.

"There was such a massive amount of rain in such a short time, it would indicate that was the source of the flooding," Georgeson said.

DEC staff are still investigating, and Wednesday's findings were considered preliminary, he said.

Mayor Dan Dwyer agreed that the rain -- up to 6 inches, according to an estimate from the National Weather Service at Albany -- may be the ultimate source of the flooding.

"That could be very well true."

"I am waiting for the final engineering report on our side."

"There was 5.5 and 6 inches of rain."

"Nothing surprises me any more," Dwyer said.

Because the floodwaters rose quickly Monday, Dwyer and other officials have cited excessive runoff from developments in the towns of North Greenbush and East Greenbush as possible sources for the water.

Engineers were sent to the Rensselaer City School District campus Wednesday to check the creek that flows through the school site.

Regardless of whether storm water runoff played a role in the flooding, Rensselaer County is taking no chances. County Executive Kathleen Jimino said she would convene the county Storm Water Management Committee to review the situation.

"When the dust settles, we'll all sit down to review what happened here."

"Is there something more that we need to do at the municipal level, the county level to strengthen those storm water regulations when developers are putting in houses or businesses?" Jimino said.

Wednesday, residents continued to clean up their homes.

The American Red Cross of Northeastern New York said it had helped 76 people in 35 families deal with displacement and damage.

Engineers from the state Emergency Management Office were in the city Wednesday to assess the cost of the damage, said agency spokesman Dennis Michalski.

Dwyer said the city is working with the state to arrive at estimates.

City crews also headed to the creek to clean up behind residences at Fifth and Sixth streets at Partition Street, the mayor said.

Debris littered the stream and roads nearby.

Firefighters used hoses to wash mud out of the streets.

Kenneth C. Crowe II can be reached at 454-5084 or by e-mail at kcrowe@timesunion.com.

[Livyjr]

"Bruno now a lobbyist"

By RICK KARLIN, Staff writer, Albany, New York Times Union

Last updated: 5:48 p.m., Wednesday, August 13, 2008

Joe Bruno has registered as a lobbyist.

The former Senate Republican Majority Leader who is now CEO of CMA Consulting, said he has registered with the state Commission on Public Integrity.

As a former lawmaker he can't lobby the Legislature for two years but he can interact with the executive branch.

While he told reporters less than a month ago that he had no plans to do any lobbying, he said he was acting out of caution.

"I have registered as a lobbyist with the New York State Commission on Public Integrity in connection with my work as CEO of CMA Consulting," said Bruno.

[Livyjr]

"Cuomo slams door on fridge - Attorney general rejects $5,000 member item for Long Island club in review of requests"

By MICHAEL GORMLEY, Associated Press

First published: Wednesday, August 13, 2008

ALBANY -- A proposal to fund a fraternal lodge's walk-in refrigerator was among the first 100 applications for legislative pork-barrel grants that were reviewed and accepted, refused or reworked by Attorney General Andrew Cuomo, according to data reviewed Tuesday.

The refrigerator grant went on the reject pile as Cuomo applied the most scrutiny ever to the discretionary grants lawmakers prefer to call "member items."

Cuomo sought the extra review to make sure pork-barrel grants obtained by lawmakers for causes and groups in their home districts serve a true public purpose, rather than to curry voters' favor or help friends and allies.

None of the first 100 rulings on grant applications rejected or reworked to comply with regulations were called fraud by Cuomo.

In April, Cuomo questioned thousands of the grants that annually consume about $170 million in state funds, saying he would root out fraud and conflicts of interest.

More of his office's final decisions on pork-barrel efforts this legislative election year will be rolled out in coming months, aides say.

The decisions are to be posted on Cuomo's Project Sunlight Web site (http://www.sunlightny.com) today.

The results obtained by The Associated Press late Tuesday include:

Rejecting a $5,000 grant to buy a walk-in refrigerator for a Massapequa Elks Lodge sought by Sen. Charles Fuschillo, a Long Island Republican.

Cuomo rejected it because of "insufficient information."

Rejecting a $10,000 grant to the Amistad Early Childhood Education Center for after-school programs sought by Assemblyman William Scarborough, a Queens Democrat.

The application was rejected "due to a statutory or constitutional issue."

More than 40 other groups never submitted the data Cuomo required, including statements that no conflicts of interest exist between the group receiving the grant and the legislator providing it.

In past years, some lawmakers were found to be sending public money to charitable groups that employed relatives.

[Livyjr]

"Lawmakers oppose plan to cut state aid - Rensselaer County Legislature warns of higher property taxes"

Albany, New York Times Union

First published: Wednesday, August 13, 2008

TROY -- The Rensselaer County Legislature unanimously passed a resolution Tuesday night opposing plans by Gov. David Paterson to cut state aid to localities by $250 million.

While no cuts specific to Rensselaer County are currently planned, legislators condemned the wider notion of the state balancing its budget by cutting back on aid to other governments.

Chairman Neil Kelleher said the cuts would trickle down into property tax increases.

"If the cuts proposed by the governor are approved, it will mean more of a burden on county and local governments, and more problems for our taxpayers," Kelleher said.

"The governor needs to reconsider these actions because they will hurt our state and our taxpayers."

On Monday, Governor Paterson proposed $1 billion in budget cuts to deal with the state's widening deficit.

He said the $250 million in reductions to state aid to local governments were justified because challenges are so "mammoth."

Rensselaer County lawmakers also expressed their support for tougher measures against sex offenders considered in Vermont, including longer sentences for repeat offenders and civil confinement for high-risk convicts.

-- Jimmy Vielkind

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"Bruno to see other side - Former Senate majority leader formally registers as lobbyist with state in move made necessary by his private-sector job"

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

First published: Thursday, August 14, 2008

ALBANY -- Former Senate Republican Majority Leader Joseph L. Bruno has registered as a lobbyist.

Bruno, who left office last month after a 32-year political career, is now chief executive of CMA Consulting, a Latham-based technology company that serves the private sector and government agencies, including those in New York state.

Bruno said less than a month ago that he didn't plan to lobby, but he said he registered out of caution.

"I have registered as a lobbyist with the New York State Commission on Public Integrity in connection with my work as CEO of CMA Consulting," said Bruno.

"As a result of my service in the New York State Senate, I am unable to lobby members of the State Legislature."

"I will however be interfacing with various Executive agencies and officials in my new role at CMA, and I have chosen to register with the Commission to guarantee maximum transparency."

"He's being very conservative," said Sean Casey, a spokesman for Bruno.

New York has a two-year ban on former lawmakers lobbying at the Legislature.

Blair Horner, legislative director of government watchdog New York Public Interest Research Group, said that ban is similar to those in other states.

The burden now lies with Gov. David Paterson to ensure that Bruno is not treated differently than other lobbyists.

"He was one of the three men who ran the government -- he's different from a rank and file legislator," Horner said of Bruno.

"Given Paterson's public and repeated praise of Bruno, the governor should make it crystal clear to all agencies that former-Sen. Bruno is not to be dealt with in any manner different than any other lobbyist."

CMA is headed by Kay Stafford, the widow of late Sen. Ronald Stafford, who Bruno appointed to the Senate's powerful Finance Committee earlier in his career.

A longtime friend of Bruno's, Stafford has been with CMA Consulting since it opened in 1984 and is now president and chairwoman -- a title that retains the company's status as a state-certified, woman-owned business, which gives it an edge in competition for state contracts.

Rick Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com. Jimmy Vielkind contributed to this story

[Livyjr]

"Flood damage eclipses $20M - Rensselaer mayor says city will pursue government funds to pay for cleanup after Monday deluge"

By KENNETH C. CROWE II, Staff writer, Albany,New York Times Union

First published: Friday, August 15, 2008

RENSSELAER - The city suffered more than $20 million in damage Monday when floodwaters rushed down Quackenderry Creek, through the Hollow neighborhood and into downtown, Mayor Dan Dwyer said Thursday afternoon.

The exact amount hasn't been calculated yet, but the tally is growing, Dwyer said.

"It's over $20 million," Dwyer said.

The estimate includes damage to the city's new public works garage on Willow Street, city highway equipment caught in the flood, the cost of clearing creek of debris and silt, repairs to city streets and other infrastructure, replacement of destroyed culverts and other problems caused by the high water Monday afternoon.

State Emergency Management Office personnel remained in the city Thursday assisting in determining the extent of the flood and the cost of cleaning up after it.

"The teams are still out in the field collecting information, doing the assessments," said Dennis Michalski, a SEMO spokesman.

Rensselaer doesn't have the funds to meet the expenses caused by the flooding, Dwyer said.

"We're going to have to get the help from the government," Dwyer said referring to state and federal assistance.

Meanwhile, city crews were racing to clean out a culvert that carries Quackenderry Creek under East Street and below the Amtrak property and tracks.

An inspection determined that a large truck tire at least 6-feet high and other debris was blocking the culvert.

Today's calls for a 70 percent chance of rain.

"We've got to get it cleaned up before it rains," Dwyer said.

City crews also were working farther upstream to deepen the channel in the creek.

They also took out items that were blocking the stream's flow.

An investigation along the creek has determined that a hillside partially collapsed into the Quackenderry during Monday's storm, which dumped 5 to 6 inches of rain on the city.

Dwyer said the sand and silt from the hillside may have plugged culverts and the creek increasing the damage from the flooding.

Meanwhile, the Rensselaer Little League Baseball said it is seeking financial assistance to rebuild after Monday's downpour caused an estimated $145,000 in damage to its field and equipment.

The Little League Field on Fourth Street near the public works garage was under as much as five feet of water Monday.

"I wanted to cry."

"We had one of the nicest fields around," Tom Burgess, the Rensselaer Little League president, said while surrounded by some of the 180 children that play baseball at the facility.

The field's topsoil was swept away along with fencing and bleachers, according to league officials.

Uniforms and concession stand equipment also were destroyed.

Damage to the bleachers alone totaled about $10,000, according to an itemized listing of losses released Thursday by league officials.

Rensselaer County Legislator Michael Stammel, R-Rensselaer, said the Rensselaer Boys & Girls Club also needs at least $24,000 to repair flooding damage to its building on Broadway along the creek.

Stammel said federal and state funding will be pursued to help various repair projects in the city.

The league is asking that donations be sent to Rensselaer Little League Relief Fund in care of Key Bank, 16 Second Ave., Rensselaer, NY 12144.

Anyone seeking to assist with tools, equipment or labor is asked to contact league President Thomas Burgess at 488-9922.

The city will hold a fundraiser on Aug. 28 at Casey's Banquet House, 301 Washington Ave., to help residents whose homes were damaged in the flooding, Dwyer said.

The city also has established a fund to assist residents.

Donations may be made through Key Bank.

Kenneth C. Crowe II can be reached at 454-5084 or by e-mail at kcrowe@timesunion.com.