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

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Roger Murdock: As long as the media sleeps, and the public lives in fear of things less likely than being hit by lightning twice, our elected will not be held accountable.

JOHN GALT AGREES: Roger, at pp.189-191 of "I ROSE LIKE A ROCKET - The Political Education of Theodore Roosevelt" by Paul Grondahl, there is this following about newspaper editors and one of T.R.'s stints in federal government service:

"(TEDDY) ROOSEVELT'S GOAL (as a newly-appointed member of the Federal Civil Service Commission in the administration of President Benjamin Harrison in 1889) WAS TO DESTROY THE SPOILS SYSTEM WITH AN AGGRESSIVE AND RELENTLESS ATTACK."

*******************

"ROOSEVELT ROOTED OUT SCORES OF NEWSPAPER EDITORS WHO HAD BEEN PUT ON THE GOVERNMENT PAYROLL FOR SUPPORTING HARRISON'S CAMPAIGN WITH FAVORABLE EDITORIALS AND POSITIVE COVERAGE."

end quotes

And if one studies U.S. history, one encounters the famous battles waged in the newspapers between Thomas Jefferson and John Adams, where Jefferson was accused of having some hack write disparaging stories about Adams ....

And then, more recently, the NY TIMES gave us upstate countryfolks some new words to describe "journalism" today, such as:

JUDY-ISM: write some crap that you have pulled out of thin air, or your ***, and call it news ...

MILLER-IZE: Find out what crap or PROPAGANDA the government wants put out to the people, and then package it in the NY TIMES as "news" ....

PRESS POODLE: someone in the news media who embraces JUDY-ISM and will actively MILLER-IZE for you if you are a government official!

In the Sol Feinstone Lecture on The Meaning of Freedom delivered by Bill Moyers at the United States Military Academy on November 15, 2006, Bill Moyers took MEDIA MOGUL Rupert "BIG RUPE" Murdoch to task for lying to us Americans with respect to the IRAQINAM WAR, as follows:

"Rupert Murdoch comes to mind — only because he was in the news last week talking about Iraq."

"In the months leading up to the invasion Murdoch turned the dogs of war loose in the corridors of his media empire, and they howled for blood, although not their own."

"Murdoch himself said, just weeks before the invasion, that: 'The greatest thing to come of this to the world economy, if you could put it that way [as you can, if you are a media mogul], would be $20 a barrel for oil.'”

"Once the war is behind us, Rupert Murdoch said: 'The whole world will benefit from cheaper oil which will be a bigger stimulus than anything else.'”

"Today Murdoch says he has no regrets, that he still believes it was right 'to go in there,' and that 'from a historical perspective' the U.S. death toll in Iraq was 'minute.'”

end quotes

The Albany Times Union itself has been famous up here since the mid-1980's for burying news on the one hand, and creating "news" out of whole-cloth on the other ....

Christine Kapostacey Jansing, who is now a big, big star on the TV news down here in NYC "made her bones" in the BID-NESS back in October of 1988, when she was still with TV-13 in the Albany area, with what is called in the trade, a "SPLICE JOB", where you take some film clips, and then splice them together into a bogus news story, by re-arranging them in time sequence, to create a false impression of what actually took place, to please and curry favor with such POLITICAL MASTERS as "BIG JOE" Bruno ....

And the list goes on, and on, and on, and on ....

Roger, believe me, you and I are on the same page here with this issue, and when the "news media" will knowingly and willingly aid and assist the "GUMMINT" by creating false news, on the one hand, and by suppressing real news on the other ....

Well, folks, where are we really, then?

Are we still a "free people"?

Or what?

And so ...

Posted by: John Galt | May 23, 2007 8:07 AM

http://www.nydailynews.com/blogs/dailypoli...his_dreams.html

[Livyjr]

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG:

"The magic line"

May 23, 2007 at 2:54 pm by Kenneth C. Crowe II, staff writer

The magic line in political donations is $99.

Donate a penny more and you earn a listing in political committee campaign reports.

Greg Cholakis, the Republican Committee’s endorsed candidate for Rensselaer County DA, will be readying his war chest for a possible primary against Troy City Council President Hank Bauer, and for the general election with a fund raising event at the Franklin Terrace Ballroom, 126 Campbell Ave., Troy, from 5:30-7:30 p.m., Thursday, May 31.

Admission is $99 per person.

Comments

Assuming that there is a primary between Mr. Bauer and Mr. Cholakis, what we disabled veterans out here in Rensselaer County who are for a return to true constitutional government here in NYS, as well as real “law and order” in Rensselaer County, where “order” in the public domain comes from well-enforced and equitable laws, what we would like to see is a three-way debate between Mr. McNally, Mr. Bauer, and Mr. Cholakis BEFORE the primary, and the one question that we would like to put before the three of them comes from section 6 of the Bill of Rights of our NYS Constitution, wherein is stated:

§ 6. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he or she be compelled in any criminal case to be a witness against himself or herself, providing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his or her present office or of any public office held by him or her within five years prior to such grand jury call to testify, or the performance of his or her official duties in any such present or prior offices, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years from the date of such refusal to sign a waiver of immunity against subsequent prosecution, or to answer any relevant question concerning such matters before such grand jury, and shall be removed from his or her present office by the appropriate authority or shall forfeit his or her present office at the suit of the attorney-general.

The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law.

end quotes

We would first like to hear from each candidate as to his thoughts on this language, in their own words, whether they believe this is true, whether they could enforce this against such people as Richard Christ and Bobby Mirch, for example …

And at that point, we would have it opened up to questions to each candidate as to how specific incidents from their own individual records support or refute their positions taken ….

For example, with respect to Mr. Bauer, his actions as a Rensselaer County Department of Health Hearing officer in or about 1989 dismissing Public Health Law violation charges against Joe Bruno on the grounds that the Rensselaer County Department of Health did not have the authority, jurisdiction or discretion to bring charges against Joe Bruno in the first place …

And Mr. McNally can defend his own actions of maliciously prosecuting the former Rensselaer County Public health Engineer as is detailed below at:

http://blogs.timesunion.com/localpolitics/?p=193#comments

And as to Mr. Cholakis, we will just have to continue to wait for cantweallgetalong or some other concerned citizen to give us some grist for that mill ….

And so ….

Comment by John Galt — May 23, 2007 @ 4:14 pm

http://blogs.timesunion.com/localpolitics/?p=266#comments

[Livyjr]

"Albany places in dirty dozen - City's decision to expand dump into preserve lands it on environmental group's list of polluters"

By BRIAN NEARING, Staff writer, Albany, New York Times Union

First published: Wednesday, May 23, 2007

ALBANY -- The city of Albany is among the state's dozen worst polluters for its plans to expand the Rapp Road dump into the Pine Bush, according to a statewide environmental group's annual listing released Tuesday.

Citizens' Environmental Coalition also cited the General Electric Co. for alleged foot-dragging over the cleanup of the Dewey Loeffel dump in Nassau, Rensselaer County; and the state Department of Environmental Conservation, under former Gov. George Pataki, for underfunding maverick wildlife pathologist Ward Stone's Delmar lab.

The group also took aim at New Yorkers for Real Recycling Reform, a lobbying group formed by Food Industry Alliance, a trade group of food retailers.

It had joined with soft drink makers and beer wholesalers to oppose the proposed expansion of the state's bottle recycling law to include bottled water, sports drinks and other noncarbonated beverages.

Lynne Jackson, secretary for Save the Pine Bush, convinced the coalition to give Albany an award -- it was a can made to look like an orange toxic barrel -- over the proposed dump expansion.

"She is very much looking forward to awarding this to the mayor in person," said coalition Executive Director Steve Breyman.

Robert Van Amburgh, a spokesman for Mayor Jerry Jennings, said the city was unaware of the dubious honor, although Breyman said his group routinely contacts proposed recipients to see if issues can be negotiated.

"We'll see what it is," Van Amburgh said.

The city, which could fill the dump by 2009, wants its fourth expansion into the Pine Bush.

It was the fourth year in a row that the Dewey Loeffel dump made the dirty dozen list, said Kelly Travers-Main, a member of UNCAGED, an East Schodack-based environmental group.

The landfill contains about 46,000 pounds of PCBs, solvents and other toxic chemicals dumped by GE and others from 1952 to 1970, when it was closed by court order.

Chemicals leaking from the landfill have contaminated Nassau Lake, the Valatie Kill and Kinderhook Lake in Chatham and Kinderhook, Columbia County.

Since 2000, pollution has spread to residential wells southeast of the dump site along Nassau Road as an underground plume of leachate from the capped landfill continues to spread.

Other recipients of the coalition's awards were the U.S. Environmental Protection Agency, for inadequate testing and cleanup of buildings near ground zero in Manhattan, as well as for the slow pace of the cleanup of Onondaga Lake near Syracuse; Entergy Nuclear Corp. for radioactive leaks at the Indian Point nuclear reactor; Lower Manhattan Development Corp. for inadequate cleanup of the Deutsche Bank building near ground zero; the New York City Sanitation Department for not adopting more reuse, recycling and composting programs; state Agriculture and Markets Department for pre-empting local regulations on factory farms; CWM Services for PCB leaks from a Niagara County landfill; and J.J. Lyons and Associates for an alleged failure to pay fines and clean a former defense contractor site in the Bronx.

Nearing can be reached at 454-5094 or by e-mail at bnearing@timesunion.com.

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG

And so …

Ulla, take my advice, get out of this state while you have a dime left to your name …

Go out to Oregon, the people out there are more independent in spirit than they are here, and a lot less cowardly, being the stock of pioneers themselves, and as a consequence, the government out there is not so cowardly, or unethical, or just plain worthless ….

And take as many young people with you when you go, as you can, because there is no real future for young people with integrity in this state so long as this HIGH-PRICED CHARADE down there in Albany continues year after year, as it is this year …

And so …

http://blogs.timesunion.com/capitol/?p=4279#comments

"Albany places in dirty dozen - City's decision to expand dump into preserve lands it on environmental group's list of polluters"

By BRIAN NEARING, Staff writer, Albany, New York Times Union

First published: Wednesday, May 23, 2007

ALBANY -- It was the fourth year in a row that the Dewey Loeffel dump made the dirty dozen list, said Kelly Travers-Main, a member of UNCAGED, an East Schodack-based environmental group.

The landfill contains about 46,000 pounds of PCBs, solvents and other toxic chemicals dumped by GE and others from 1952 to 1970, when it was closed by court order.

Chemicals leaking from the landfill have contaminated Nassau Lake, the Valatie Kill and Kinderhook Lake in Chatham and Kinderhook, Columbia County.

Since 2000, pollution has spread to residential wells southeast of the dump site along Nassau Road as an underground plume of leachate from the capped landfill continues to spread.

"State to tackle 'brain drain' - Silda Wall Spitzer put at helm of initiative to keep young workers from leaving upstate New York"

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

First published: Wednesday, May 23, 2007

ALBANY -- The first-ever summit on the state's brain drain will convene this fall as part of Silda Wall Spitzer's new job of trying to keep young people from leaving upstate.

Gov. Eliot Spitzer's wife said Tuesday she will spearhead an initiative called "I Live New York" in a search for ways to end the "troubling trend" of talented young people leaving their hometowns or upstate college communities.

Spitzer asked her to take the lead as part of his priority to improve upstate's lagging economy.

The first lady said the summit "is aimed at taking a hard look at one of the most serious economic problems facing the state."

She plans to collect data on what's driving out young people and to identify public and private programs to reverse the flow.

The Sept. 18 summit at the State University of New York at Cortland will include Spitzer's staff and the governor, business and academic officials, young professionals, community leaders and others.

Abraham Lackman, president of the Commission on Independent Colleges and Universities, said Wall Spitzer is doing "important due diligence."

He predicts 40 good ideas will surface at the summit, a few of which will end up in the governor's next budget plan.

One idea, he said, is to improve postings of internships and job opportunities for college students.

Ken Adams, president of the Business Council of New York State, said a recent survey of more than 1,000 New York students, focused on those from upstate, found the vast majority would prefer to stay in upstate cities if they could find work.

But fewer than 40 percent of graduating seniors were able to find a job in the region, the survey found, and fewer than 30 percent expect to reside upstate in 10 years.

Sen. Dale Volker, R-Depew, said the summit is a good idea.

He said one reason young people flee is the weather, although Adams said a majority of survey respondents said they enjoy the four seasons.

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

[Livyjr]

"State to tackle 'brain drain' - Silda Wall Spitzer put at helm of initiative to keep young workers from leaving upstate New York"

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

First published: Wednesday, May 23, 2007

ALBANY -- The first-ever summit on the state's brain drain will convene this fall as part of Silda Wall Spitzer's new job of trying to keep young people from leaving upstate.

Gov. Eliot Spitzer's wife said Tuesday she will spearhead an initiative called "I Live New York" in a search for ways to end the "troubling trend" of talented young people leaving their hometowns or upstate college communities.

Spitzer asked her to take the lead as part of his priority to improve upstate's lagging economy.

She plans to collect data on what's driving out young people and to identify public and private programs to reverse the flow.

"Albany reassessment has many hitting roof - City defends process in face of a multitude of challenges by homeowners"

By TIM O'BRIEN, Staff writer, Albany, New York Times Union

First published: Wednesday, May 23, 2007

ALBANY -- In four years, the value of homes in the city shot up dramatically in every neighborhood.

A Times Union analysis of the tentative reassessment numbers shows sharp increases in every corner of the city, from an average 65 percent rise in Arbor Hill to an average 92 percent leap in Center Square.

"We're valuing them based on sales, and that's what the sales are showing," said Keith McDonald, the city assessor.

"The sales increased in every neighborhood in the city."

During the last reassessment in 2003, some city neighborhoods saw values drop or increase only slightly.

In Arbor Hill, home values were down 8 percent.

Center Square properties were up 12 percent.

Just what the higher values will mean to taxpayers won't be clear until Mayor Jerry Jennings proposes his 2008 budget in October and the Albany school district revamps its defeated budget.

Four years ago, by keeping the tax rate the same, the mayor's budget reaped a 15 percent windfall because the property values were higher for two-thirds of the city's property owners.

Jennings has said he won't keep the tax rate the same this time around.

"That will substantially go down," he said.

"I won't know how much until I get into my budget."

The city also will need to wait until all the assessment challenges are finalized, he added.

Albany school officials expressed frustration at trying to explain the impact of the assessment during the lead-up to the failed budget vote.

The district lowered the property tax rate, but the reassessment still would have meant a tax hike for the average homeowner.

Under the reassessment, the average single-family home in the city would increase in value from $103,697 to $178,294, a 72 percent hike.

For such a home, the school tax bill would have risen 8.9 percent, from $2,537.46 to $2,765.34, before STAR tax exemptions were factored in.

Tuesday was the deadline for owners to appeal the assessed value of their property.

More than 1,500 of the 30,500 residential and commercial property owners had done so.

Reszin Adams is one of those appealing.

The longtime community activist saw the value of her Center Square home raised from $142,200 to $405,900.

"I know a lot of people around here are challenging," said Adams, a block captain with the Center Square Neighborhood Association.

"This is so clearly outrageous, it has to be reduced."

Sandra McDade is looking to appeal the assessment on her West Hill home, too.

She bought the Quail Street home in 2000 from the Community Land Trust, so she owns the three-bedroom house but not the land.

Still, the city raised her assessment from $34,000 to $123,200.

She said there has been some gentrification in her neighborhood.

"People are buying the properties and fixing them up," she said.

"They think because their property values go up, ours automatically do."

The value of an average two-family house rose from $74,811 to $132,047, up 77 percent, and three-family homes jumped 95 percent, from $72,454 to $141,610.

Commercial property saw a much smaller increase in assessed value.

The value of an average office building in the city grew 26 percent from $2.66 million to $3.35 million.

McDonald said that commercial property is valued on sales and rental prices, and rents have not increased nearly as rapidly as sales prices.

"In order for the value to go up on a commercial property, so must the rent," he said.

"The rentals aren't going up as much as the sales prices on the homes."

Developer John Nigro said the demand for commercial space has slowed.

"For a long time, there has been more of a demand for commercial space than for residential," he said.

With growing interest from technology companies and added faculty at area colleges, he said, residential prices began to outpace the growth of commercial prices.

"The office market escalated for quite a few years and then three or four years ago it stayed pretty flat even at the high end," said Nigro, president of the Nigro Cos., a commercial real estate development and management company.

Still, he said there are several proposed new developments that would combine retail, office and residential space in downtown Albany.

"As those come aboard, that will be helpful to the tax base in the city," he said.

McDonald said the city tried to make it easy for people to appeal their assessments, with his office staying open until 8 p.m. on Wednesdays and 9 a.m. to noon on Saturdays.

The process also began a month earlier than usual.

"People actually can contest their assessments every year," he said.

"You're not really fighting City Hall."

"You're just looking to make sure your value is correct."

"We just want to get it right."

O'Brien can be reached at 454-5092 or by e-mail at tobrien@timesunion.com. Staff writer Brian Nearing contributed to this story.

[Livyjr]

"State to tackle 'brain drain' - Silda Wall Spitzer put at helm of initiative to keep young workers from leaving upstate New York"

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

First published: Wednesday, May 23, 2007

ALBANY -- The first-ever summit on the state's brain drain will convene this fall as part of Silda Wall Spitzer's new job of trying to keep young people from leaving upstate.

Gov. Eliot Spitzer's wife said Tuesday she will spearhead an initiative called "I Live New York" in a search for ways to end the "troubling trend" of talented young people leaving their hometowns or upstate college communities.

Spitzer asked her to take the lead as part of his priority to improve upstate's lagging economy.

She plans to collect data on what's driving out young people and to identify public and private programs to reverse the flow.

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

ITEM: It’s no secret that young people have been fleeing upstate New York’s cold winters, high taxes and lack of jobs for years, and now Spitzer’s wife Silda Wall Spitzer, a North Carolinian who moved north, is tackling the problem.

I was born here in NYS at the close of WWII, and I have been around the USA since that time, and I still live here on the property that I have been on since 1949, and I am licensed to practice as an engineer in the state of NY, and I have had a business here in NY, and I have studied our state history extensively, and I have advised many, many young people to get the hell out of NY while they were still young enough to do so, and so, I believe that I have as much right in here to comment on this subject of young people leaving NYS as Miss Silda does ….

And I recall back in about 1989, when I believe it was Sterling Drug down in Rensselaer left NY for Philadelphia, taking with it many young, bright persons with good paying jobs, and actually, I have “inside” information as to why those young people left, since I was personally involved in matters down there at the time ….

To do the kind of research that Sterling wanted to do, by law and regulation, they needed to have in place what was called an “institutional bio-hazard committee” that included such members of the community as the police chief, and in this case, the Rensselaer County Associate Public Health Engineer ….

As long-term residents of this area will recall, in 1988, the politicians in Rensselaer County went after this individual with a vengeance which was the subject of much press coverage here in the Capital District ….

And in October of 1988, the media in this area broadcast “news” that the Associate Public Health Engineer had mental problems and had been suspended from his duties ….

In a now-famous story in the Troy RECORD for Wednesday, February 22, 1989, Deputy Rensselaer County Attorney Gordon Mayo was quoted as saying that the Rensselaer County Associate Public Health Engineer “suffers from a post-combat stress condition that could result in irrational behavior.”

Needless to say, this press coverage served the purpose of putting a taint on everything that the “institutional bio-hazard committee” had been involved with during the tenure of the engineer, and in my conversations with those Sterling people also involved with this committee and the research that they wished to do, all they could think was that they were living and trying to do research in what was to them an insane asylum without walls, where the insane were actually in charge of local government up this way, and so, they beat feet out of here for much more civilized Phialdelphia ….

For thousands of years, one of the most basic indicators of “civilization”, and one of the most basic things that separates “civilized peoples” from mere brutes and barbarians has been “public health protection”, and these young bright people with good-paying jobs who left NY for Philadelphia are among the very first to know that!

So, when they saw a “governmental unit” up here “sacrificing” a public health engineer to score points with “BID-NESS”, their conclusion was that civilization itself up here was being sacrificed, so they left!

They did not try to argue or negotiate, because how can you argue or negotiate with barbarians and brutes in charge of government up here?

They just got out, while the getting was good, never to look back ….

And over the years, I have found that well-educated people are like that ….

They don’t like drinking poisoned or foul water ….

They don’t like breathing foul air ….

They don’t like living in a state that does not provide for even rudimentary public health protection ….

But instead, publicly sacrifices engineers who won’t commit professional misconduct for their “political masters” on demand by falsifying records, and hiding evidence, and such like ….

And so …

But, hey, I am probably just being an armchair quarterback here …

Silda does know best, afterall, because she is not from here, and so, has no factual background to skew her view as to what is really best for NY, and well, hey, she is a lawyer, to boot …..

And I clearly am not …

And so …

Comment by John Galt — May 23, 2007 @ 9:23 am

http://blogs.timesunion.com/capitol/?p=4702#comments

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

I would like to hear somebody, anybody, tell us all in here how the “government”, or Eliot Spitzer, or Silda Wall Spitzer are going to “improve the economy” of upstate NY!

Where exactly is that in the brief given to the governor of the state of NY by our state Constitution that it is his responsibility to be in charge of the NYS economy?

Are we going over to a “SOVIET” style of government-managed economy here in NYS?

And is it not a fact that our state Constitution does not charge the governor of the state with “improving the state economy” because the governor of the state of NY cannot do doodly-squat about the economy in the state of NY, if the economy of the state of NY is to be and remain “market-driven”, which is to say, subject to Darwinism?

If you cannot attain competency, then the “state” should carry you along, because we need “business” no matter how “state-propped-up” it might be?

Perhaps Silda and Eliot might now come out with an “anti-dog eat dog” legislative agenda here in NYS that levels the playing field for business in NYS by having the state, through a “Ministry of Industry and Trade”, become the arbiter as to who gets what business when, and how much, as is done in Japan ...

We should amend our Constitution so that there is a specific provision in there that guarantees profits for business, whether ot not they have actually earned any money ….

The “modern state”, to survive, has to pay business to be in business, because there is no sense going into business of you are the one who has to pay for it ...

So, therefore, NY, as a modern state, has to pay business to be in business to compete with Japan and Mexico and Sri Lanka and Mynmar, and other states in the USA that pay business to be in business, or they won’t have any business, at all ….

And while they are at it, I hope Silda and Eliot do something about the climate up here …

Quite frankly, the way Pataki left it, it sucks!

It gets cold in the winter, and there is snow!

The sky is gray a lot, and it is gloomy!

To attract people here, or to keep young people here, that is one of the very first things that must be changed!

GET BETTER WEATHER, SILDA!

And have those things that make waves in wave pools installed in Lake George so that you can surf there, by God!

Screw this having to go live by the ocean stuff!

That will have young people flocking here in droves if they can surf on Lake George!

And Silda and Eliot should stop and consider that people are leaving Rensselaer County because the state of NY DEC has condemned residential land in Rensselaer County to become open-pit mines, which then devalues the other properties around, to the miner’s delight, of course, and people are just funny critters - they don’t like eating dust, and having their lives disrupted by open-pit mines in their communities, so they leave ....

BIG MYSTERY, THERE, ISN’T IT?

And so ….

Comment by John Galt — May 22, 2007 @ 3:12 pm

http://blogs.timesunion.com/capitol/?p=4692#comments

[Livyjr]

Comment by John Galt — March 30, 2007 @ 7:09 pm

Not to purposefully jump in here “off-topic”, but in following this unraveling, continuing story of this rush to pass this budget before anyone even knows what is really contained deep in its bowels, I am reminded of another budget bill from circa 1991, that is directly linked to a TU editorial or story entitled “State DEC undermines home rule”, first published Friday, March 3, 2006, wherein is stated in relevant part:

“New York prides itself as a home-rule state.”

“It’s in our constitution.”

“Effectively that means that when a state law or governmental action is going to affect a locality, a home-rule message of support is sought from the grass-roots entity, usually a town or city.”

“Not that this has done Nassau, or East Nassau, any good at all.”

“Nobody’s asked them if they want another mine in town, or any mine at all.”

“Worse, the DEC has relied for years on a self-generated technical memo from the early 1990s that states the DEC will process mining applications regardless of local zoning objections.”

“That memo needs to be discarded, and the conservation law rewritten.”

And how on point the TU was with that last statement!

And it all goes back to the cover sheet of an exultant PROCLAMATION published all over the State of New York on or about June 17, 1991 by ESCAPA, the “Empire State Concrete and Aggregate Producers Association, Inc.”, to trumpet its coup of burying an amended version of the New York State Mined Land Reclamation Law deep in the bowels of a lengthy “budget bill” that was before the New York State Legislature that year so that ESCAPA could have the law changed to suit its whims and needs, despite the NY Constitution:

WE DID IT! MINED LAND RECLAMATION BILL PASSED WITH STATE BUDGET!

A typical “BACK-ROOM DEAL” between LOBBYISTS, GOVERNMENT LAWYERS and POLITICIANS ON THE MAKE up here that then became the basis for how the “law” would be “interpreted” subsequently in the State of New York, which brings us to that TU editorial above …..

In a memorandum to ALL MEMBERS attached to that cover sheet above dated June 17, 1991, David S. Hamling, the then-Managing Director of ESCAPA stated as follows with respect to how “business” is really done in the State of New York, DESPITE THE NEW YORK STATE CONSTITUTION AND ANY LAWS TO THE CONTRARY:

“The Governor has signed the negotiated Mined Land Reclamation Law amendments into law as part of the State Budget!”

“This is a major piece of legislation which will dramatically improve conditions for the aggregate industry.”

“After many years of trying, the bill has finally passed and its provisions will become effective on September 1, 1991!”

“A fact sheet describing the major changes in the law is enclosed.”

“ESCAPA expects implementation of the Mined Land Reclamation law will SUFFER SOME ‘GROWING PAINS’, so we have developed a strategy to smooth the transition.”

“OUR BOARD OF DIRECTORS WILL ACT ON THE STRATEGY ON JUNE 18, 1001, AND WE WILL KEEP YOU ABREAST OF PROGRESS.”

“AS THE IMPACT OF THIS NEW STATUTE UNFOLDS, OUR RELATIONSHIPS WITH BOTH STATE AND LOCAL GOVERNMENTS WILL CHANGE, SO WE ARE URGING DISCRETION IN THE EARLY STAGES OF IMPLEMENTATION.”

“YOU MAY BE ASSURED, HOWEVER, THAT ESCAPA WILL AGGRESSIVELY PROTECT YOUR INTERESTS IN THIS PROCESS.”

“The regulatory climate for OUR industries is improving!”

“THIS IS AN IMPORTANT VICTORY, AND ONE THAT WAS ONLY POSSIBLE BY THE COMBINED EFFORTS OF OUR MEMBERSHIP.”

“CONGRATULATIONS!”

And that is how easy we get screwed here in NYS, despite our Constitution, which really has become a joke, with these latest budget goings-on right now ….

I wonder how much more we are getting screwed right now …

http://blogs.timesunion.com/capitol/?p=4266#comments

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

And Silda and Eliot should stop and consider that people are leaving Rensselaer County because the state of NY DEC has condemned residential land in Rensselaer County to become open-pit mines, which then devalues the other properties around, to the miner’s delight, of course, and people are just funny critters - they don’t like eating dust, and having their lives disrupted by open-pit mines in their communities, so they leave ....

BIG MYSTERY, THERE, ISN’T IT?

And so ….

Comment by John Galt — May 22, 2007 @ 3:12 pm

http://blogs.timesunion.com/capitol/?p=4692#comments

"Nassau mine gets green light - DEC grants permit for graywacke quarry in Pikes Pond area despite law against mines; town to keep fighting"

By BOB GARDINIER, Staff writer, Albany, New York Times Union

First published: Thursday, May 24, 2007

NASSAU -- The state granted a permit for a rock mine on a hilltop in the Pikes Pond area Wednesday -- just as Town Supervisor Ray Seney and other officials were to meet with state officials to discuss their concerns.

"We were literally walking through the door to meet with the officials when someone in our group got a call that the DEC had approved the permit," said Seney, who pushed and got approval for a local law last year that bans mining in the town of 4,818.

The Department of Environmental Conservation had granted Troy Sand & Gravel the permit, and notices were sent to the town, Rensselaer County and other interested parties on Wednesday.

Jude Clemente, owner of the West Sand Lake-based mining company, filed the application in December 2003 for the 93-acre mine and it had been going through environmental impact reviews and other examinations since.

"We had many issues to discuss with them," Seney said.

"I am very disappointed."

"This was a failed process."

A DEC spokeswoman said the timing of the meeting -- which was scheduled as a courtesy to town officials, since the environmental review was complete --was coincidental.

"The issuance of the permit for this mine and the timing of the meeting that was held were unrelated," said Lori O'Connell.

"The permit for this project was issued after a three-and-one-half-year review process where public concerns and issues were vetted through many meetings and comment opportunities."

"The department will take the comments and concerns brought forth in the meeting into consideration when going forward with other future mining applications in the town."

Residents Against Mining, which has held fundraisers to hire experts to help them fight the proposal responded with a statement on its Web site.

"Troy Sand and Gravel cannot legally mine because the town of Nassau's local laws forbids large scale industrial hard rock mines," the group said.

"RAM, as an organization, will be continuing to fight for our environment on the local level."

"Although this feels like a defeat, there are still numerous paths we are pursuing."

Clemente wants to mine graywacke stone used in road paving and other construction applications from 93 acres of a 214-acre parcel southeast of Pikes Pond.

Graywacke, a hard rock that has a high friction surface when crushed, is highly valued by the state for paving highways.

Opponents planned to hire experts to challenge issues of hydrogeology, visual impact and increased truck traffic.

Seney said he brought up those issues, especially hydrogeology, which he feels has not been investigated thoroughly, at Wednesday's meeting.

"Getting a permit is only one step along the way and the town has banned mining so they can't apply for a town permit," Seney said.

"I don't know what path the town will take on this now, but I will do whatever it takes to make sure residents' concerns are heard."

Clemente did not return calls for comment, instead allowing his attorney Andrew Gilchrist to speak for the company.

Gilchrist said the company has already begun legal action in state Supreme Court in Rensselaer County, challenging the legality of the town law and whether it applies to the permit.

The town passed the ban on mining last year, more than two years after Clemente filed an application.

"It is our opinion the law is not legal and does not apply to our application," Gilchrist said.

The town also faces two graywacke mining applications from Callanan Industries.

Callanan has applied to mine the rock from 76 acres near the intersection of Dunham Hollow and Greenman Hill roads, about two miles southeast of Troy Sand & Gravel's proposed site.

They have also applied for a 39-acre mine on the east side of Route 66 and north of Gardner Hill Road.

Gardinier can be reached at 454-5696 or by e-mail at bgardinier@timesunion.com.

Impact of mining operation

Some facts about the Troy Sand & Gravel mine dubbed the Nassau Quarry, from its environmental impact statement.

The company expects to mine 160,000 tons a year from the site.

The site will have access roads on the east side of Route 66 about one-half mile north of the intersection with Gardner Hill Road.

During the first phase, 24 acres will be mined and the section of the hill will be reduced from 1,160 feet above sea level to 1,050 feet.

The company speculates that, depending on market demand, phase one alone could contain 40 to 50 years worth of rock.

The facility will run from 6 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 5 p.m. Saturday.

Truck traffic on nearly roads such as routes 66, 43 and 20 is expected to increase by between 0.2 to 2.1 percent.

Blasting, necessary in hard rock mining, will occur about once a week, depending on market conditions.

Noise from each piece of equipment, including a bulldozer, rock drill, processing plant (stone crusher), front-end loader, off-road mine hauling truck and generator, ranges from 58 decibels to 72 decibels at 200 feet.

The site will be visible to locations in a two-mile radius on the west side of the project including parts of Glass Lake, Alps, Dunham Hollow, Hoags Corners and North Nassau.

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

I would like to hear somebody, anybody, tell us all in here how the “government”, or Eliot Spitzer, or Silda Wall Spitzer are going to “improve the economy” of upstate NY!

Where exactly is that in the brief given to the governor of the state of NY by our state Constitution that it is his responsibility to be in charge of the NYS economy?

Are we going over to a “SOVIET” style of government-managed economy here in NYS?

And is it not a fact that our state Constitution does not charge the governor of the state with “improving the state economy” because the governor of the state of NY cannot do doodly-squat about the economy in the state of NY, if the economy of the state of NY is to be and remain “market-driven”, which is to say, subject to Darwinism?

If you cannot attain competency, then the “state” should carry you along, because we need “business” no matter how “state-propped-up” it might be?

Perhaps Silda and Eliot might now come out with an “anti-dog eat dog” legislative agenda here in NYS that levels the playing field for business in NYS by having the state, through a “Ministry of Industry and Trade”, become the arbiter as to who gets what business when, and how much, as is done in Japan ...

We should amend our Constitution so that there is a specific provision in there that guarantees profits for business, whether ot not they have actually earned any money ….

The “modern state”, to survive, has to pay business to be in business, because there is no sense going into business of you are the one who has to pay for it ...

http://blogs.timesunion.com/capitol/?p=4692#comments

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

Comment by Milking the State Cow — May 22, 2007 @ 5:18 pm: … but when places like Gardenway or R&P don’t make it here ….

JOHN GALT REPLIES: Gardenway was doing fine for many many years, until this Estrada dude got in there, and the IDA, as well, as I recall ….

So that is a ridiculous statement that Gardenway didn’t “make it here” ….

I worked at Gardenway at one time, and many, many people from this area worked there, as well, and did quite well for themselves ….

And it was a good place to work …

And then it was looted and run into the ground ….

BY MANAGEMENT!

Please, check your facts before you make these kinds of assertions ….

And so ….

Comment by John Galt — May 23, 2007 @ 3:45 pm

http://blogs.timesunion.com/capitol/?p=4692#comments

[Livyjr]

Gardenway was doing fine for many many years, until this Estrada dude got in there, and the IDA, as well, as I recall ….

And then it was looted and run into the ground ….

BY MANAGEMENT!

Please, check your facts before you make these kinds of assertions ….

http://blogs.timesunion.com/capitol/?p=4692#comments

RE: GARDENWAY

Conclusion

While organizational change was necessary to keep Gardenway competitive, this change was not effectively managed.

Employee morale is at an all-time low, and turnover is high.

Unless senior management improves company-wide communication, involves employees in decision-making, or generates employee buy-in by some other method, employee dissatisfaction will continue to rise.

The current method of implementing change is through force.

If employees question a decision, they are told to “Do it anyway.”

If they express their dissatisfaction, they are told to “Get on the bus or hit the road.”

Performance is rewarded through negative reinforcement; if employees do their jobs, they won’t get fired.

Management has instituted a fear-based compliance, rather than commitment.

More vocal resistance and potentially sabotage lie in the future of Gardenway unless senior management implements change management principles.

http://www.bartoncentral.com/terry/changemgmt.html

[Livyjr]

"State sues firm over Buffalo house flipping investments"

Associated Press

Last updated: 12:18 p.m., Thursday, May 24, 2007

BUFFALO, N.Y. -- A New York City investment firm accused of pocketing $2 million in a "house flipping" scam involving more than 50 run-down city properties is being sued by State Attorney General Andrew Cuomo.

A lawsuit announced Wednesday claims East Coast Capital promised high returns to unknowing investors, many of them from downstate, who put their money into the distressed homes.

"These people led a fraudulent, greed-driven scheme to line their pockets at the expense of Buffalo's neighborhoods," Cuomo said in a statement.

Also named in the lawsuit are Joshua and Jessica Doucette, a brother and sister, and their company, JD Realty & Management of Buffalo, and another firm, IMA Equities.

Cuomo said East Coast Capital bought about 53 houses for a total of $961,300 and then received private investor mortgages of more than $2.7 million.

The firm transferred the properties to Jessica Doucette, who then defaulted on the "grossly inflated" mortgages, authorities said.

The defendants are accused of pocketing $2 million while investors lost money because the values of the properties were well below the mortgage amounts.

"We deny that the Doucettes have done anything in the nature of fraudulent or illegal conduct," said Patrick Dudley, a lawyer for the brother and sister.

"At the end of the lawsuit, when the facts are made clear, it will be apparent the Doucettes did not intend to defraud anyone."

Michele Johnson, a city Housing Court liaison who co-founded Buffalo's Anti-Flipping Task Force, said at least two out of every three houses bought or sold by the Doucettes and East Coast Capital have serious code violations and are in Housing Court.

She said about 25 percent of them need to be torn down.

A state Supreme Court judge has issued an order barring the sale or transfer of any property or money involved in the case.

------

Information from: The Buffalo News, http://www.buffalonews.com

[Livyjr]

"Brothers' convictions overturned in $58 million mortgage fraud case"

By BEN DOBBIN, Associated Press

Last updated: 7:32 p.m., Wednesday, May 23, 2007

ROCHESTER, N.Y. -- A federal appeals court on Wednesday overturned the convictions of two brothers imprisoned in 2003 for conspiring to defraud dozens of banks out of $58 million in mortgage loans.

The U.S. Second Circuit Court of Appeals in New York City ruled that U.S. District Judge Charles Siragusa should have recused himself from the homebuilders' trial when a star prosecution witness claimed he had once helped the judge fraudulently obtain a mortgage.

The ruling opens up the possibility of either plea deals or new trials for Robert Amico, 44, who was sentenced to 17 years in prison, and his brother, Richard, 36, who drew a nine-year sentence.

"If we have to try it again ... we're obviously ready to proceed," U.S. Attorney Terrance Flynn said.

Robert Amico was convicted of conspiracy, bank fraud, mail fraud and operating a continuing criminal enterprise in violation of a law enacted to protect federally insured financial institutions.

Richard Amico was found guilty of conspiracy and mail fraud.

In March 2003, nearly four months into their trial, charges against their father, Robert A. Amico, a construction tycoon accused of orchestrating the scheme between 1994 and 2000, were put on hold when he was diagnosed with cancer.

He died seven months later.

Prosecutors said the Amicos built 185 homes in the Rochester suburbs and, using falsified documents, induced 53 financial institutions around the nation to lend them up to twice as much as the houses were worth.

The Federal Bureau of Investigation and the Internal Revenue Service began investigating in 1998 after people who bought the houses realized they were not worth nearly as much as they were led to believe and defaulted on their loans.

The defense maintained the Amicos did not intentionally commit fraud and that lenders were partly to blame for disbursing high-interest loans despite evidence of loan-application irregularities.

At the start of the trial, both the defense and the prosecution asked Siragusa to step down after Patrick McNamara, a former mortgage broker, alleged he'd made fraudulent representations on a mortgage application in 1987 to make it easier for Siragusa -- then a county prosecutor -- to get a mortgage.

Siragusa rebutted McNamara's assertion and maintained he could be impartial.

But the appeals court said his decision ran the risk of undermining public confidence in the judiciary.

"We are left with the highly unusual case in which the presiding judge was confronted with accusations of impropriety that concerned the very type of criminal activity for which the defendants were on trial," the court wrote.

"While it is certainly understandable that the judge would seek to defend himself from such accusations, our concern here must properly focus on the public's perception."

[Livyjr]

"Nassau mine gets green light - DEC grants permit for graywacke quarry in Pikes Pond area despite law against mines; town to keep fighting"

By BOB GARDINIER, Staff writer, Albany, New York Times Union

First published: Thursday, May 24, 2007

NASSAU -- The state granted a permit for a rock mine on a hilltop in the Pikes Pond area Wednesday -- just as Town Supervisor Ray Seney and other officials were to meet with state officials to discuss their concerns.

"We were literally walking through the door to meet with the officials when someone in our group got a call that the DEC had approved the permit," said Seney, who pushed and got approval for a local law last year that bans mining in the town of 4,818.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

The news of the day in upstate NY includes this story "State OKs Nassau mining plan" at:

http://timesunion.com/AspStories/story.asp...sdate=5/24/2007

All of you NYC types down here who were induced to buy land in Rensselaer County in upstate NY out in the Sand Lake area and east of there should consider dumping it now, while you can still get a nickel on your dollar for it .....

And yes, now, the realtors have to disclose the fact that there will be open-pit hard-rock mines within proximity of your land, assuming that you were some of those that bought it, which makes it worthless for residential purposes, unless you like living near a mine ....

And if you bought it within the last couple of years, you might inquire of your realtor why it was not disclosed to you ....

And if you are thinking of moving to Rensselaer County anyway, and living near these mines, take my advice, if you want to "blend" and go to a dentist and have most of your teeth pulled out, so you will look like a snaggle-toothed native with one or two teeth in your head, when you come up this way, and by God, people will think you were born here ....

And if you are thinking of going fishing up this way, rent that movie "Deliverence", and see what a pig sounds like when it is squealing ....

And so ...

Posted by: John Galt | May 24, 2007 6:45 PM

http://www.nydailynews.com/blogs/dailypoli...the_day_30.html

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

"Goo Goos On Wheels"

May 24, 2007 at 5:01 pm by Jay Jochnowitz, State Editor

This item comes a bit late, but self-described good government groups are doing a “Goo Goo Road Trip” this week as part of their push with Gov. Eliot Spitzer for campaign finance reform.

The groups - including Common Cause/NY, NYPIRG and the League of Women Voters - did a forum in Syracuse last night, and plan one in Rochester today, with more coming in Schenectady and Manhattan.

As part of the campaign finance reform campaign, Common Cause also started up a Web site on which visitors can send a letter to Senate Majority Leader Joseph Bruno, who isn’t entralled with Spitzer’s proposals and characterizes them as an attack on free speech and detrimental to ordinary, middle class people who want to run for office.

The letters urge him to get the Senate on board before the session ends next month.

Bruno so far is in line for 900 letters, Common Cause says.

And, of course, they’re doing a road trip blog.

Comments

In the last 30 years, I have never once heard any of these goo-goo’s make any mention whatsoever of the NY Constitution ….

Not once ….

I wonder why that is, myself ….

If they are “self-described” good government groups, one must wonder at their basis for “good government” here in NYS if it is not constitutional government as our Constitution is written ….

And my money is on that if asked about the NY Constitution, the whole pack of them wouldn’t have the slightest idea of what it even is, let alone what it says ...

And if we really had true constitutional government here in NYS, we wouldn’t need these goo-goo’s, which means that they would all have to go out and find some other line of work ….

And so ….

Comment by John Galt — May 24, 2007 @ 5:38 pm

http://blogs.timesunion.com/capitol/?p=4717

[Livyjr]

THE NEW YORK DAILY NEWS

"New Yorkers stop for yellow light? Hey, fuhgeddaboudit!"

BY JENS DANA and DAVE GOLDINER
DAILY NEWS WRITERS

Friday, May 25th 2007, 4:00 AM

Rules of the road?

Who needs 'em!

New Yorkers finished dead last in a nationwide test of driver knowledge, which revealed a whopping 36% of us would fail a written Department of Motor Vehicles test.

Much-maligned New Jersey drivers were the second-worst on the test, which included questions such as: What should you do when approaching an amber light? (Stop.)

"Stop means roll here," said Edouard Augustin, 45, of Queens.

"If you stop, you get honked at."

The bottom six states in the behind-the-wheel test are all in the traffic-choked Northeast, suggesting getting somewhere on time may actually be more important to drivers than obeying the law.

New York, which was ranked No. 47 last year, nudged out Rhode Island for the title of biggest boors on the road this year.

"All Americans need a refresher course when it comes to basic driving rules," said Gary Kusumi of GMAC Insurance, which conducted the study.

"Being a safe driver is about conduct, judgment and knowledge."

Outside a Department of Motor Vehicles office on 125th St. in Harlem, New Yorkers weren't surprised that their fellow drivers didn't know a blinking red light from a No Parking sign.

"They're idiots," said Ricky Simmons, 42, of Mount Vernon.

"We're all aggressive drivers out here, so it all balances out."

Bucolic Idaho had the top-ranking drivers, followed by low-stress states like Arkansas, Minnesota and Kansas.

The rankings were calculated based on drivers' answers to 20 questions from actual Department of Motor Vehicles tests.

The average New York driver barely squeaked by with a 71% score, just over the passing grade of 70% and below the national average of 77%.

A whopping 84% of drivers didn't know the right thing to do when they hit a steady yellow traffic light.

But Stevie Coltes, 32, insisted most New Yorkers know the rules - and just ignore them.

"New York and California are the worst," the Manhattan truck driver said.

"New Jersey too."

dgoldiner@nydailynews.com

http://www.nydailynews.com/news/2007/05/25...ght_hey_fu.html

[Livyjr]

"Lawyer: Lobbying probe was closed - Ex-Attorney General Dennis Vacco's attorney claims state watchdog promised to drop investigation"

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

First published: Saturday, May 26, 2007

ALBANY -- The lawyer for former Attorney General Dennis Vacco's lobbying firm contends the state lobbying commission's chairman vowed to call off an investigation into an alleged illegal contract, court papers say.

William Dreyer made the assertion in a pleading for Vacco and lobbyist James Crane, who are asking state Supreme Court Judge Joseph Teresi to reconsider his rejection of their lawsuit to block subpoenas from the lobbying commission.

Crane and Vacco are partners in the firm now known as Crane, Vacco & Sanders.

Dreyer wrote that he had a telephone conversation with Paul Shechtman, who chaired the Temporary State Commission on Lobbying until March 20.

"Mr. Shechtman advised me that the commission's investigation . . . was closed," Dreyer said.

The conversation came after Albany County District Attorney David Soares in April 2006 ended a six-month investigation into whether Crane & Vacco entered into an illegal lobbying contract.

Soares found no basis for criminal prosecution.

The alleged illegal contract involved millions of dollars in fees that would be paid to the lobbyists if a casino were built for the Seneca-Cayuga Tribe of Oklahoma.

New York lobbyists are not allowed to charge contingency or "success" fees.

Dreyer's court papers say Shechtman told him the commission would abide by Soares' determination.

Shechtman on Friday denied that, although he confirmed he talked with Dreyer after Soares' investigation ended April 28, 2006.

"I spoke once with Mr. Dreyer after the decision and never made such a statement," Shechtman said.

Dreyer did not return a call to his firm.

Lobbying Commission Executive Director David Grandeau, who Crane & Vacco allege is involved in a "bad faith inquisition" because of a personal vendetta, said he was surprised by Dreyer's contention.

He added that Shechtman got upset whenever the proposed investigation of Crane & Vacco came up at meetings during the past 11 months.

He said he believes the lobbyists are trying to block subpoenas until a new ethics office is set up in September, consolidating the ethics and lobbying commissions.

"They're trying to stall so that if things change at the lobbying commission, there'll be less of an aggressive enforcement attitude."

"I think they're wrong about that belief," Grandeau said.

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

[Livyjr]

"District attorney candidate picked - Rensselaer County GOP nominates Gregory Cholakis to run"

By BOB GARDINIER, Staff writer, Albany, New York Times Union

First published: Saturday, April 28, 2007

TROY -- The county GOP on Friday night picked First Assistant Public Defender Gregory Cholakis as its choice to succeed Republican Patricia DeAngelis, who will not seek re-election.

Democrats interested include attorney Timothy Nugent and county conflict defender Richard J. McNally Jr.

ALBANY, NEW YORK TIMES UNION LOCAL POLITICS BLOG:

Assuming that there is a primary between Mr. Bauer and Mr. Cholakis, what we disabled veterans out here in Rensselaer County who are for a return to true constitutional government here in NYS, as well as real “law and order” in Rensselaer County, where “order” in the public domain comes from well-enforced and equitable laws, what we would like to see is a three-way debate between Mr. McNally, Mr. Bauer, and Mr. Cholakis BEFORE the primary, and the one question that we would like to put before the three of them comes from section 6 of the Bill of Rights of our NYS Constitution, wherein is stated:

§ 6. No person shall be subject to be twice put in jeopardy for the same offense; nor shall he or she be compelled in any criminal case to be a witness against himself or herself, providing, that any public officer who, upon being called before a grand jury to testify concerning the conduct of his or her present office or of any public office held by him or her within five years prior to such grand jury call to testify, or the performance of his or her official duties in any such present or prior offices, refuses to sign a waiver of immunity against subsequent criminal prosecution, or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years from the date of such refusal to sign a waiver of immunity against subsequent prosecution, or to answer any relevant question concerning such matters before such grand jury, and shall be removed from his or her present office by the appropriate authority or shall forfeit his or her present office at the suit of the attorney-general.

The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law.

end quotes

We would first like to hear from each candidate as to his thoughts on this language, in their own words, whether they believe this is true, whether they could enforce this against such people as Richard Christ and Bobby Mirch, for example …

And at that point, we would have it opened up to questions to each candidate as to how specific incidents from their own individual records support or refute their positions taken ….

For example, with respect to Mr. Bauer, his actions as a Rensselaer County Department of Health Hearing officer in or about 1989 dismissing Public Health Law violation charges against Joe Bruno on the grounds that the Rensselaer County Department of Health did not have the authority, jurisdiction or discretion to bring charges against Joe Bruno in the first place …

And Mr. McNally can defend his own actions of maliciously prosecuting the former Rensselaer County Public health Engineer as is detailed below at:

http://blogs.timesunion.com/localpolitics/?p=193#comments

And as to Mr. Cholakis, we will just have to continue to wait for cantweallgetalong or some other concerned citizen to give us some grist for that mill ….

And so ….

Comment by John Galt — May 23, 2007 @ 4:14 pm

http://blogs.timesunion.com/localpolitics/?p=266#comments

"Democratic committee endorses DA candidate"

Albany, New York Times Union

First published: Saturday, May 26, 2007

TROY -- Democrat Richard J. McNally Jr. has secured his first endorsement on his way to being the party's candidate for Rensselaer County district attorney.

The county Democrats' Executive Committee endorsed McNally of Valley Falls on Thursday night.

"It's great to have the Executive Committee's support."

"I look forward to moving on to the general committee," McNally said Friday.

McNally, who has served in both the district attorney's office and the public defender's office, is a graduate of St. John's University Law School.

He is married with two children.

McNally wants to succeed Republican District Attorney Patricia DeAngelis, who is not running for re-election.

First Assistant Public Defender Gregory Cholakis is the endorsed Republican candidate for district attorney.

Troy City Council President Henry Bauer also is seeking the Republican line in the fall election.

-- Kenneth C. Crowe II

[Livyjr]

"Big raise helps ease struggle of city life"

Albany, New York Times Union

First published: Monday, May 28, 2007

What a difference a year makes, especially when you get a $40,000 raise.

On a May 18, 2006, TV show, Uri Perin told WABC Channel 7 Eyewitness News in New York City, "I make close to six figures and I'm finding it hard to survive in New York."

Perrin said she was moving to more affordable Minneapolis because "over the years the quality of life has become much more important to me," and New York City had become "a struggle to the point of whether you wonder if it's worth it."

Now, though, Perrin, 36, is making $120,800 a year as one of two state staffers for Silda Wall Spitzer, Gov. Eliot Spitzer's wife.

Perrin and Chrissy Stevens, 22, making $50,800, are helping Wall Spitzer with her First Lady duties, including trying to figure out why young upstaters are leaving New York, and how to reverse the trend.

Perrin wouldn't take press calls to discuss her situation.

As former development director of the Brooklyn Bridge Park Conservancy, she was the top paid officer there at $83,750, according to the Better Business Bureau.

She did move to Minnesota for six months, before getting an "exciting opportunity" with the Spitzer administration, said Jennifer Givner, a Spitzer spokesperson.

Asked how she learned of the opening back in New York, Givner said:

"She had a lot of connections."

A $2.5 million present

The governor's campaign stands to make more than $2.5 million at another party for his 48th birthday, and donors include a number of lobbyists and at least one would-be casino developer.

The June 7 shindig is at the Lighthouse at Chelsea Piers in New York City, and follows other high-priced Spitzer fundraisers.

In his continuing strategy of encouraging bundling, the governor asks for up to $100,000 from "chairs" of the get-together.

If they make their quota, they'll get a VIP reception, four seats at a private dinner with Spitzer and a program listing.

Vice chairs must raise $50,000; patrons $25,000; and sponsors $10,000, with declining levels of perks.

Based on a count of chairs, vice chairs, patrons and sponsors in the program, Spitzer stands to take in at least $2.5 million.

Tickets start at $1,000.

Several lobbyists and special interests are on the list of big donors: Alan Lubin of New York State United Teachers; Kelli Conlin of NARAL Pro-Choice; Gavin Donohue of Independent Power Producers; Suzy Ballantyne of the AFL-CIO.

Rochester-based shopping center developer Tom Wilmot is among the patrons.

He's looking to build a casino in central New York for the Seneca-Cayuga Tribe of Oklahoma.

Mall magnate Robert Congel is also on the list of those bundling $25,000.

He's trying to create the biggest retail paradise in North America in Syracuse.

Former Assemblyman Ryan Karben is a sponsor, so he doesn't get a seat near Spitzer, although current Assemblyman Sam Hoyt, a patron, does.

They'll all get to listen to Wynton Marsalis.

Contributor: Capitol bureau reporter James M. Odato. Got a tip? Call 454-5083 or e-mail jodato@timesunion.com.

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And I see from the upstate Albany Times Union this morning that the big news from the camp of NYS Governor Eliot "STEAMROLLER" Spitzer on this Memorial Day is that he is using his liberty to get out there some more to peddle his *** for about $2.5 MILLION at another of his interminable fund-raisers where you have to pay BIG BUCKS to get a whiff of the "STEAMROLLER'S" expensive cologne, and even bigger bucks to be seen with the "STEAMROLLER" at his private table!

All you people out there today fighting and dying for the "STEAMROLLER" to have this privilege here in America, BE PROUD that you are getting this opportunity to shed your life's blood for the cause of "STEAMROLLER" Spitzer, whatever on earth it might be, beyond enriching him own self!

And so ...

Posted by: John Galt | May 28, 2007 8:23 AM

http://www.nydailynews.com/blogs/dailypoli...end.html?page=3

[Livyjr]

"A property tax outcry, but little else - A push for new solutions is met with entrenched, steadfast resistance"

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

First published: Monday, May 28, 2007

As homeowners in the North Country fight rising property tax assessments in court, a growing and increasingly angry group of mid-Hudson Valley residents and their elected representatives are pressuring the Legislature to look at new solutions, including an expanded income tax, as a way to ease the property tax burden.

It is the newest front in the fight over New York's much maligned property tax system, in which politics and powerful, entrenched interest groups block meaningful change.

Members of several organizations in Ulster County, for example, have been e-mailing Assemblyman Herman "Denny" Farrell, D-Manhattan, urging him to release a bill creating a commission to examine the issue of property taxes.

"We are bombarding Farrell, saying get that bill out of Ways and Means," said tax activist Gioia Shebar.

Farrell, a former state Democratic chairman, heads the Ways and Means Committee, which controls tax policy bills in the Assembly.

A top aide to the Assemblyman says Farrell hasn't ruled out action on the bill.

But Farrell's constituents live in Manhattan, and property taxes probably aren't a top priority among them.

New York City schools rely far less on property taxes, so tax rates in the city are lower than in the rest of the state.

Of the 107 Democrats who control the 150-seat Assembly, 65 represent districts in New York City.

Assembly Democrats also are closely aligned with the state's major teachers union, New York State United Teachers, which is cautious about moving away from property taxes to finance schools.

One factor behind policymakers' preference for the property tax is its stability.

Revenue from income taxes tends to fluctuate with the economy, while property taxes, which people will pay before they pay other bills, are reliable.

"One of the things we've always been concerned about is a stable funding source for schools," said NYSUT spokesman Carl Korn.

That's not to say the Republicans who control the state Senate aren't similarly constrained by their constituencies.

Senate Republicans from Long Island and northern New York City suburbs have long complained about their property taxes, which are among the highest in the nation.

A national analysis by Washington, D.C.,-based Tax Foundation found that, as of 2005, four of the top 10 counties with the highest median property taxes were in New York state.

Westchester and Nassau counties led the list.

The foundation also found that of the 10 counties with the highest property taxes as a percentage of home values, nine were in New York.

Some Republican lawmakers, such as Assemblymen Tom Kirwan of Newburgh and Joel Miller of Poughkeepsie, favor shifting more local government costs to income taxes.

Kirwan cites personal experience to explain why: With a State Police pension, Social Security and his $79,000 Assembly salary, he is financially comfortable.

A neighbor in the duplex where he lives, however, has far less income, but they both pay about $4,500 annually in property taxes.

"Why does he pay the same that I do?" asked Kirwan.

The state's business community is generally more aligned with Republicans than Democrats, and talk of higher income taxes -- even if that means lower property taxes -- is frowned upon there.

"It's an illusion to believe that 400 pounds becomes easier to carry if you shift it from your right shoulder to your left," said Matthew Maguire, spokesman for the state Business Council, which has historically opposed higher income taxes.

And no legislator wants to be known for raising state taxes.

It's easier to rail against property taxes, which are set by local officials.

"It's the status quo."

"People see lots of problems in any change," said Carole Kraus, another Ulster County tax activist.

"Politicians ... they are terrified that somebody will have to pay more in taxes," Kirwan said of the idea of a higher income tax.

The result is mere tinkering with New York's system.

The STAR, or School Tax Relief program, and the additional rebate that comes with it is an example.

While STAR can save homeowners hundreds of dollars and the additional rebates can boost savings into the thousands, many suburban and rural homeowners are struggling with five-figure tax bills.

"People need something now, other than the STAR program," said John Whiteley, a tax activist from Ticonderoga, Essex County, who compares STAR to the proverbial bandage on an amputation.

But there has been some movement to a more progressive system, in which people are taxed based on their ability to pay.

Gov. Eliot Spitzer, for example, tied this year's expansion of the STAR rebate to income on a sliding scale.

But the governor is not planning a wholesale shift to income taxes, said spokesman Brad Maoine.

The rebate, though, was an encouraging move in the eyes of Frank Mauro, director of the Fiscal Policy Institute, a labor-backed think tank that favors a gradual shift by the state toward deriving a greater share of revenue from the income tax, and in turn providing more to fund education.

"We feel the state's share should be increased more in the future," said Mauro, who said that, in the Rockefeller years, there were 14 state income tax brackets, ranging from 2 to 15 percent.

Now, there are five brackets, going from approximately 4 to 6.85 percent.

At the same time, real estate values have skyrocketed, more than doubling in the last decade alone, which means that, for many people, the burden has shifted from income to real estate taxes.

An analysis by the state's Office of Real Property Tax Services shows that between 2000 and 2006, the market value for residential housing doubled in much of the eastern part of the state from Long Island to Greene and Columbia counties, with some towns seeing increases of 150 percent or more.

The end result is that middle-class homeowners in areas where property values have spiked continue to struggle as they become property rich and tax poor.

Kraus, who lives in the Ulster County community of Marbletown, said she and others she knows have taken out home equity loans to pay their taxes.

Whiteley, in Ticonderoga, says tax hikes have transformed the east shore of Lake George.

For years, the shoreline there was dotted with motels and cottages where people of modest means could escape during the summer.

But high land values -- and taxes -- have prompted many innkeepers to sell their properties to home builders.

"In effect, their property has been confiscated by the taxes," said Whiteley.

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