I came out of my home this morning to find that during the night, someone had willfully violated the sanctity of my privacy by coming some 100 feet down my driveway to put a pile of excrement on the hood of my vehicle ....

The stop sign from the end of the road that I live on had been sheared off at its base, and the sign and post had been carried back to my driveway, and placed in such an obvious fashion that it was in the middle of the driveway, in off that road, blocking my egress ....

That was 6:30 or so this morning, and it sickens me still ...

The sight ...

The smell ...

The thought of how easy it was for someone to penetrate my privacy right up to outside my house ...

The message of the excrement and the stop sign together ....

HELPLESSNESS ....

STOP WHAT YOU ARE DOING!

WE CAN HARM YOU AT WILL!

WE JUST DID!

And so ...

Have, or want, ideas? PM.

WHAT IS A HATE CRIME?

http://www.commongroundcommonsense.org/for...showtopic=97085

"Analysis: Flash! Albany discovers bad economy"

By MICHAEL GORMLEY, Associated Press

Last updated: 1:52 p.m., Saturday, August 2, 2008

ALBANY -- Gov. David Paterson spent last week sounding the alarm that New York's economy in sinking and sending the government into crisis.

"The fact is, we confront harsh times," Paterson, four months on the job, told New Yorkers Tuesday in a rare televised address.

"Let me be honest, this situation will get worse before it gets better."

"The time to act is now."

Really?

It wasn't news to New Yorkers who have watched gas and grocery prices rise at historic rates while their 401(k) earnings dropped with the stock market and they canceled vacations.

So where were your elected officials, whose job is to watch such stuff, while the economy tanked?

Back on Jan. 17, state Comptroller Thomas DiNapoli issued a dismal cash report that showed Wall Street bonuses -- a critical part of the state's revenue stream -- were down almost 5 percent.

Business tax revenue was down $292 million at the end of 2007, too, part of a slowdown he first noted publicly on July 20, 2007.

As this year's state budget process was just beginning in January, DiNapoli warned:

"There are dark economic clouds rolling in."

Months before, Senate Democratic leader Malcolm Smith, alone, called for a hiring freeze and spending cuts.

Take the wayback machine even further, to September 2007: New York City warned the traditional cash cows of Wall Street and real estate revenues appeared to be dropping.

The same week, then-Gov. Eliot Spitzer warned of a $4 billion deficit in the 2008-09 fiscal year.

"It's a very serious budget gap that will require tough decisions," he told the state Business Council.

But through it all, Albany was otherwise occupied.

In July 2007, Attorney General Andrew Cuomo and the Inspector General's Office investigated a claim of political espionage by Spitzer aides in a plot to smear Senate Republican leader Joseph Bruno.

Then Albany County District Attorney P. David Soares investigated the travel scandal.

Then the Senate Investigations Committee investigated with several public hearings.

Then the state Public Integrity Commission investigated.

Then the State Investigations Commission investigated the investigations.

Then Soares investigated again.

No crimes were proven.

A week ago, the state Public Integrity Commission charged four Spitzer appointees with state ethics violations, which they noted aren't crimes.

Two accepted the charges, which carried no penalty.

Two more are accused of misconduct that could, after more investigation, result in $10,000 fines.

The political discord that reigned for a year gridlocked New York state government and derailed or gutted deals and tentative agreements including a law that could save millions of dollars in public projects, one that would curb violent video games and another to fight crime.

Paterson's landmark proposal to cap local school tax growth wasn't even introduced in the Legislature, where it faced immediate opposition by the teachers union and the lawmakers they support.

When Paterson succeeded Spitzer, who was snared in a prostitution investigation in March, the top goal in Albany wasn't policy or spending, but harmony.

Paterson's call in March to cut the budget by $800 million and limit the spending increase to 3.7 percent was mostly ignored -- then overruled -- by the Legislature.

The $122 billion budget 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, in which an embattled Spitzer eventually caved to the Legislature and increased spending 8 percent.

Now all that lost time is slapping back hard.

Paterson last week cut $630 million to balance -- for now -- the current budget.

He said the Legislature needs to cut another $600 million.

And don't look for the light just yet: Paterson said high spending and plummeting revenues portend a $26.2 billion in budget deficits over the next three years.

"Everything is on the table," he told The Associated Press Thursday.

"I want to set an example that everyone should come to the table with clean hands, you know, no personal projects, no pet issues, no desire to block other people or not letting something happen because someone one else wants it ... it's all part of the deficit that we have to clean up."

Don't worry.

The Legislature agrees something needs to be done, and they'll probably get around to doing it pretty soon.

It might happen Aug. 19, when Paterson called for an emergency economic session of the Legislature.

However, deep cuts in spending -- unheard of in a decade of budgets that grew two or three times the inflation rate -- have even less of a chance this year, coming just weeks before the fall legislative elections.

Most lawmakers have plans to campaign, not bite the lobbying hands that have fed them.

Any action may be put off until September or later.

That's when another round of economic data will be available for further review, argues Assembly Speaker Sheldon Silver.

And the Senate and Assembly majorities have already taken biggest ticket items -- protected by Albany's most powerful lobbyists -- off the table.

That includes school aid, which got a historic bump in April, and cuts to the state work force.

But at least everyone is getting along.

Albany wasn't always like this.

In the fall of 2006, the state Ethics Commission -- forerunner to the Public Integrity Commission -- took just four weeks to investigate Comptroller Alan Hevesi's use of state workers as drivers for his ailing wife.

Hevesi eventually resigned and pleaded guilty to a felony.

The ex-prosecutor who handled that investigation, Karl Sleight, said there's a lesson in all of this.

"The current atmosphere is hypersensitive on the topic of ethics and integrity."

"It seems that some investigative bodies are out to uncover the 'next big scandal, whether it exists or not," said Sleight.

"That mind-set will affect decision-making and policy implementation."

It already has.

----

Michael Gormley is the Albany, N.Y., Capitol editor for The Associated Press. He can be reached by e-mail at mgormley(at)ap.org.

"Report on NY nuke plant says it's safe, secure"

By JIM FITZGERALD, Associated Press

Last updated: 3:42 p.m., Thursday, July 31, 2008

WHITE PLAINS, N.Y. -- The Indian Point nuclear power plant is safe and secure but some of its emergency response equipment -- and its relations with the public -- need improvement, a panel commissioned by the plant's owner said Thursday.

In a 155-page report, the panel examined many but not all the issues raised in recent years by plant critics who fear that Indian Point, 40 miles north of midtown Manhattan, is a terrorist target in a region so populous that an emergency evacuation would be impossible.

The report says the chance of terrorists crashing a jetliner into the Indian Point power plant and causing a significant release of radioactivity "is extremely low, to the point of being non-credible."

It also says radioactive tritium that has leaked into the groundwater beneath Indian point has produced "insignificant" doses to the public.

And it notes that for all the problems Indian Point has experienced in trying to establish an updated siren system in the 10-mile area around the plant, the old system still in place is working adequately.

Proving the panel's point about public relations, the report's scope, conclusions and independence were immediately criticized.

"It's no surprise that Entergy's panel of paid consultants has turned a blind eye to the unacceptable risks posed by Indian Point," said state Attorney General Andrew Cuomo.

"These plants pose a range of serious threats, from their vulnerability to a terrorist attack to grave environmental risks."

Philip Musegaas of the environmental group Riverkeeper also expressed skepticism, noting that the panel's leaders were picked, and its members paid, by Entergy.

He also pointed out that the report did not address some major issues at Indian Point including its emergency evacuation plan and the plant's offsite environmental impact.

Evacuation, he said, "is the biggest concern of the public."

Tens of millions of people live within 50 miles of the plant.

"The largest problem is really the location of the plant and that can't be changed," he said.

The panel recommended that Entergy upgrade some equipment and facilities designated for use in emergencies.

Rooms that would be crisis centers are too small, for example.

And it said that to combat public mistrust of the nuclear plant, Entergy should invest in more frequent interactions with private citizens and local officials.

Entergy announced after the report's release that it would form a team to evaluate the panel's concerns.

"Has suburbia turned onto a dead-end street? - Some experts say rising gas prices mean people will abandon communities far from their jobs"

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

First published: Sunday, August 3, 2008

ALBANY -- Decades of cheap gas fueled the rise of the far-flung suburban cul-de-sac.

A nightmare of $4-a-gallon gas may strangle it.

In David Lewis' vision, homes built around suddenly-unaffordable commutes to distant cities and jobs are doomed to years of declining prices, decay and eventual abandonment.

Owners will flee after taking a loss and renters will move in.

"This will be the next abandoned land."

"Nobody will be able to afford to live there," said Lewis, an assistant professor of geography and planning at the University at Albany.

"The decline of real estate prices at the fringes already is being documented."

"The more that the price of gas goes up, the more this trend will continue."

This scenario is emerging in some collapsing real estate markets in California, Florida and North Carolina, where foreclosed vacant homes are stripped by looters and renters of dubious character become more common.

In Las Vegas, where sprawl spreads out in the nation's fastest-growing county, Clark County, homes had lost nearly 28 percent of their value in May compared with a year earlier, according to the national Case-Shiller price index released last month.

It was the dramatic rise in gas prices -- not rising mortgage interest rates -- that popped the housing bubble, according to a May 2008 report issued by CEOs for Cities, a not-for-profit group that represents more than 200 urban leaders from 45 of the largest U.S. cities.

Gas prices hit a 13-year low, adjusted for inflation, in 2004, and have nearly tripled since then.

Housing price increases began to slow in 2005 and the next year began a decline that has yet to end.

"The low price of gas made sprawl economical ..."

"As gas prices rose, homes in those far-flung neighborhoods tended to lose their market appeal first and fastest."

"The decline in housing markets is strongly correlated with auto dependence," according to the CEOs for Cities report, which studied housing prices in Pittsburgh, Chicago, Tampa, Los Angeles and Portland.

"The collapse of the housing bubble, punctured by gas price spike, marks a watershed point for the nation's suburbs."

"The trend toward ever-increasing sprawl is ebbing."

More and more, commuting time is money.

Each minute shaved off an average commute time added $4,700 to a home's value.

Few experts are predicting a return to cheap gas any time soon.

In its July 2008 Short Term Energy Outlook, the U.S. Energy Information Administration said that gas will remain well above $4 a gallon through the end of next year.

As of last week, prices nationally had fallen slightly below $4.

In the Capital Region, home prices did not explode as much as elsewhere and are not experiencing extreme declines.

Also, the region's commute is about the national average, with the average resident here driving slightly less than 27 miles each day, according to Federal Highway Administration figures.

That's a lot less than in a sprawling city like Houston, where the average resident drives 36 miles a day, but more than in a more compact area like Pittsburgh, where the average person drives just 21 miles a day.

In the Capital Region, real estate agent Susan Ames has noticed that homes farther from the city's central business district now take longer to find buyers, who now want to know about commuting times.

"Some of our younger buyers are even talking about buying motorcycles to make their commutes," said Ames, of Pickett Realty in Greenville, Greene County.

"More people are saying that they want proximity to the New York State Thruway."

"Thirty minutes commuting seems to be the maximum now."

Many people are also looking for cheaper commutes.

At the Capital District Transportation Authority, more than 2 million additional riders are expected to board buses this year, an increase of 16 percent in just two years, spokeswoman Margo Janack said.

"We are seeing overcrowding on some of our routes."

Gains were even more dramatic in Saratoga County, the region's center of suburban growth, where CDTA last year went from four routes along the Route 50 corridor to seven.

"Our ridership here has tripled," she said.

More people are crowding buses at the same time that federal subsidies are being cut to mass transit authorities nationwide.

"We all got 2 percent less aid this year," Janack said.

"And we are getting a lot more suburban requests for service, some from places that don't have enough riders per hour to justify it."

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

A report published in May by the group CEOs for Cities shows housing prices in five U.S. cities dropped at a higher rate in areas farther from cities than nearer the central business district.

The figures were analyzed from Zip code data and show the change over 12 months.

Region average ... close-in neighborhoods* ... distant neighborhoods**

Chicago ... -4% ... 0% ... -4%

Los Angeles ... -11% ... -6% ... -10%

Pittsburgh ... 0% ... 2% ... -5%

Portland, Ore. ... -1% ... 3% ... -5%

Tampa ... -13% ... -9% ... -14%

* 3 miles from the central business district

** 13 miles from the central business district

Source: CEOs for Cities paper, "Driven to the Brink"

THIS MONEY IS BEING GIVEN IN VIOLATION OF OUR NYS CONSTITUTION ...

"AMD has year to decide on deal - State incentive package for struggling company to build computer chip facility to expire next July 31"

By LARRY RULISON, Business writer, Albany, New York Times Union

First published: Thursday, July 31, 2008

MALTA -- Advanced Micro Devices Inc. has just one year from today to decide whether to build a $3.2 billion computer chip factory in Malta.

On July 31, 2009, the state's offer of $650 million in cash to help build the facility, part of a $1.2 billion incentive package, expires.

AMD has yet to commit to the facility known as Fab 4X and it appears an answer could come long before the deadline, maybe even by this fall or the end of the year.

But the question remains:

How will AMD build a multi-billion dollar factory when it's mired in financial problems?

The company lost $1.19 billion during the second quarter, its seventh consecutive quarterly loss.

Andy Ng, an analyst with the Chicago investment research firm Morningstar Inc., says AMD has $1.6 billion in cash, but about $5 billion in debt, giving the Sunnyvale, Calif., company a weak balance sheet.

That makes it both difficult and expensive for AMD to borrow money for a significant capital project.

"They're in a difficult position right now," Ng said.

Former chief executive Hector Ruiz, who stepped down to become executive chairman of the company two weeks ago, is in charge of a new "asset smart" strategy designed to get the company back on track financially.

Some analysts believe the company will spin off its expensive manufacturing process or partner with another company to own its fabs.

Ng doesn't know what will happen, although he said becoming profitable again is the company's best remedy.

"Because of their cash position right now, it seems they're going to have to conserve cash," Ng said.

"Maybe there is a way for them to work around that."

"They're still pretty silent on the 'asset smart' strategy."

AMD spokesman Gary Silcott said Wednesday that AMD will not begin work at Luther Forest until it makes an official commitment.

He said AMD "remains confident" that the company will be in a position by this time next year "to move forward with Fab 4X."

AMD has been working with the town of Malta to get a building permit by January and possibly doing preliminary site work before that.

Neither can take place, however, until AMD and the town agree to zoning changes at Luther Forest that could be approved by the Town Board as early as next month.

An environmental impact statement must also be approved.

After that, not much remains to be done, except for AMD to purchase the land at Luther Forest and get the building permit.

Michael Relyea, executive director of the nonprofit entity that is developing the 1,300 acres of Luther Forest, says it could take several months for Luther Forest to get subdivision approval from the town for the land sale.

"We would not do that without the commitment from AMD," Relyea said.

Silcott, the AMD spokesman, agreed with that.

"AMD's formal commitment to the state is the pivotal action," he said.

"Once that commitment is made, AMD will be in position to move forward with all actions to build Fab 4X, including submission of site plan application, purchase of the real estate and starting work on the site."

Not everyone believes that AMD and the state should move forward at all.

Ron Deutsch, executive director of New Yorkers for Fiscal Fairness, a state spending watchdog group, says New York should not give large incentive packages to companies when it has a budget deficit between $5 billion and $6 billion that could lead to cuts in services and a reduction in the state workforce.

"If we're going to be firing the state workers, it's a zero-sum game," Deutsch said.

"It seems silly to give money to a company whose fiscal house is in more disarray than New York's."

Still, it looks like the deal will stay in place.

"We have no intention to change any portion of the deal that we presented to AMD," said Warner Johnston, a spokesman for Empire State Development Corp., the state agency that orchestrated the AMD deal.

Silcott echoed those remarks.

"The governor and other senior state officials recently told Hector they support the project, and we remain confident that if we decide to move ahead by July 2009," the original terms will apply, Silcott said.

Larry Rulison can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.

"Raising a call for aid to states - Paterson uses visit to Washington to urge Congress to help avoid national crisis"

By JENNIFER A. DLOUHY, Washington bureau, Albany, New York Times Union

First published: Friday, August 1, 2008

WASHINGTON -- In his first major national speech since taking office four months ago, New York Gov. David Paterson on Thursday implored Congress to send more federal money to states facing budget woes or else risk a "national crisis of bankruptcy."

The governor specifically asked for federal dollars to build a high-speed rail system between Albany and New York City.

Paterson's comments in an address to the National Press Club continued his recent warnings that soft economic conditions in New York could mean a hiring freeze in the state's work force and cuts in services.

The nation's financial situation "is the most severe economic challenge to America since the Depression," Paterson told an audience of reporters, lobbyists and lawmakers.

The only solution, he said, was quick action by states and the federal government to curb spending -- while, at the same time making "targeted" investments in infrastructure.

Paring down now might prevent more devastating cutbacks later, Paterson said.

New York state is facing a $6.4 billion budget deficit in fiscal 2009.

The economy was also the focus during a reception that Paterson and New York's congressional delegation attended Wednesday night on Capitol Hill.

In the gathering with New York lawmakers, Paterson pressed for more federal funds for the low-income home heating program.

On Thursday, Paterson used his hourlong address at the National Press Club to chide federal leaders for what he called "the inability of our country to invest in the states that comprise it."

He also called on lawmakers to help narrow the divide between what New York residents pay in federal taxes and the amount they get in return through federal grants and other spending.

Paterson said the shortfall is $62 billion annually.

In particular, Paterson pressed the federal government to spend more money investing in infrastructure, such as wastewater facilities and roads.

"The federal government is going to have to put more into the states that support it before we have a national crisis of bankruptcy and further fiscal insolvency," Paterson said.

"Records fill in details of Spitzer-Bruno feud - Albany County Clerk's office makes public records of 'Troopergate' scandal investigation"

By ROBERT GAVIN and IRENE JAY LIU, Staff writers, Albany, New York Times Union

Last updated: 6:38 p.m., Tuesday, August 5, 2008

ALBANY -- Thousands of once-secret documents released Tuesday included an e-mail exchange in which former Gov. Eliot Spitzer and his aides discussed how to make Senate Majority Joseph Bruno look "crazy" as the feud between the two men heated up.

At the same time, the records show Spitzer vehemently telling investigators he never ordered State Police to surveil his nemesis.

The four boxes of documents -- totaling 8,562 pages of records -- reveal Spitzer and top aides repeatedly exchanged e-mails touching upon everything from politics to their opinon of newspaper coverage.

The records tell the story of two investigations by District Attorney David Soares into allegations that Spitzer aides misused State Police to collect damaging information on Bruno as part of a political smear campaign.

More than 8,500 pages of records of Soares' investigations into the travel records scandal were made public Tuesday by the Albany County Clerk's office.

The clerk's office released four boxes worth of photocopied documents following requests from newspapers across the state into the scandal, which surfaced after Bruno, R-Brunswick, accused Spitzer, a Democrat, of launching a smear campaign.

The controversy erupted following a July 1, 2007, Times Union story on Bruno and other state officials' taxpayer-funded travel last July.

Later that month, State Attorney General Andrew Cuomo found top gubernatorial aides wrongly used State Police to re-create from memory Bruno's use of state aircraft and police drivers to travel to New York City on days when he had political fundraisers.

Cuomo found nothing illegal, but that police were wrongly drawn into a political dispute.

Soares' first report found no wrongdoing by Spitzer.

A second report later concluded Spitzer was, in fact, involved despite stating he did not know what his aides were doing.

The documents released contain personal information that was redacted or completely blacked out by Soares' office.

The documents were released at 10 a.m.

"Boxes full of hardball politics - 8,562 pages of newly released records publicize private battle between Spitzer, Bruno"

By ROBERT GAVIN, Staff writer, Albany, New York Times Union

First published: Wednesday, August 6, 2008

ALBANY -- More than a year after the initial firestorm over the travel records scandal, Albany County District Attorney David Soares has released four boxes of documents -- totaling 8,562 pages of records -- that give a rare and not always pleasant look inside the administration of former Gov. Eliot Spitzer.

The collection of documents and e-mails -- which could take even the most ardent government insider days to sift through -- give a detailed look at Spitzer's administration in the months before a prostitution scandal wrecked his political career.

They also underscore once again the perils of placing raw political strategizing in writing.

In one e-mail exchange, the governor agreed that former Senate Majority Leader Joseph L. Bruno could be made to look "crazy."

Elsewhere, Spitzer vehemently denies to Soares' investigators that he ordered surveillance on Bruno.

The records tell the tale of two investigations by Soares into allegations that Spitzer's administration wrongly used State Police to collect damaging information on Bruno.

The controversy arose after a July 1, 2007, Times Union story on Bruno and other state officials' taxpayer-funded travel.

Later that month, state Attorney General Andrew Cuomo found Spitzer aides misused State Police to re-create, from memory, documents detailing Bruno's use of state aircraft and police to travel to New York City on days when political fundraisers were held.

Transcripts record Spitzer being interviewed by Soares' investigators, in which the governor adamantly denied ordering a smear campaign against Bruno.

"Did you ever direct any type of surveillance by anyone on Senator Bruno?" quizzed Assistant District Attorney Brett Knowles.

"Absolutely not," Spitzer replied.

Still, the well-established bitterness between Spitzer and Bruno -- and its possible link to media coverage -- is highly evident in the pages.

In one exchange from July 5, 2007, Spitzer Secretary Richard Baum sent the governor the following e-mail:

"Would it make sense to let reporters know that you followed up on Bruno's request to meet and he refused?"

"Makes him seem more crazy."

"I had the same thought," replied Spitzer, using the e-mail tag "Laurence," his middle name.

In another e-mail from May 16, 2007, an irked Spitzer left little to the imagination in an apparent reference to Bruno:

"I want to punch back at him," Spitzer says in the e-mail.

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

On July 2, one day after the Times Union story was published, Baum advised Spitzer to "stay publicly away from the helicopter issue."

"I'd try hard to get away with 'we're examining the issue and don't have anything further right now.' "

Baum concluded the e-mail, stating, "This whole topic should be beneath you."

Spitzer spokeswoman Brandy Bergman declined to comment on any specific e-mails.

She said the former governor has "always been a proponent of transparency in government."

In questioning by Soares' office, Spitzer acknowledged a prior conversation with Bruno in which he told the senator that state aircraft was "simply not a toy which I would take away or return."

Late last month, the state Commission on Public Integrity charged four members of the Spitzer administration -- Baum, spokesman Darren Dopp, former acting State Police Superintendent Preston Felton and Spitzer aide William Howard -- with taking part in the alleged political vendetta.

Dopp and Felton are accused of violating the public officers law and have said they will fight the charges; Baum and Howard reached settlements.

Cuomo's July 2007 report found nothing illegal but stated the police were wrongly drawn into a political dispute.

Soares' first report on the issue found no wrongdoing by Spitzer; a second report found Spitzer was, in fact, involved despite his statements that he did not know what his aides were doing.

Soares, who has been harshly criticized for his handling of the issue, released the documents following requests from newspapers around the state.

He released a statement Tuesday expressing the hope that the document release would bring an end to the episode.

"Over the past 13 months, New York State has been inundated by media reports about the former governor, the former majority leader, spying, political plotting, criminal conduct, and then the eventual 'cover-up' of these allegations," Soares said.

"Today, the two people who began this controversy are no longer a part of our government, but the spotlight on the political theater created is still just as bright as the investigations are wrapping up, and as the investigation of the investigations continues."

"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."

Robert Gavin can be reached at 434-2403 or by e-mail at rgavin@ timesunion.com. Staff writers Irene Jay Liu, Chris Churchill and Carol DeMare contributed to this report.

"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.

"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.

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...

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 ...

"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.

"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."

"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.

"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.

"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.

"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.

"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.

"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.

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.

"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.

"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.

"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.

"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.

"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

"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

"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.

"Rhetoric heats up as cuts close in - Five days remain until showdown over Paterson's proposed trims to spending"

By JAY GALLAGHER, Gannett News Service

First published: Friday, August 15, 2008

ALBANY -- With a showdown looming in only five days over Gov. David Paterson's plan to cut state spending by $600 million, interest groups revved up their attacks on the proposal Thursday and urged lawmakers to reject the spending reductions.

"The governor's proposed cuts will have a devastating impact on the state's social safety net," said Anne Erickson of the Empire Justice Center, which supports civil legal services for the poor.

She said the proposal would slash funding for hundreds of not-for-profit organizations that serve the poor.

Paterson has said the cuts are needed because state tax revenues are declining steeply because of Wall Street's problems and the overall recession.

Half of the $1 billion of cuts Paterson presented to lawmakers earlier this week would come from Medicaid, the health insurance program for the poor.

But that's just the wrong place to cut, said Assembly Health Committee Chairman Richard Gottfried, D-Manhattan.

"We should only consider cutting essential services like health care as a last resort," he said.

"We have been cutting taxes on the wealthiest New Yorkers for years; if we undo just a little of that, we would not have to cut important programs to close the budget gap."

But the plan also got some support.

State Health Commissioner Richard Daines, who works for Paterson, said that the governor has presented a "very balanced approach" to reducing the cost of Medicaid.

The cuts would be very small fractions of hospital and nursing home budgets and could be absorbed easily, he said, in part because the institutions are financially healthier now than they have been in the last few years.

The chairman of the state Conservative Party also came to the defense of Paterson's plans in a letter to Assembly Speaker Sheldon Silver, D-Manhattan.

"To believe that increasing taxes on the rich will solve the problems New York faces is ludicrous in the 21st century," party Chairman Michael Long wrote to Silver.

"If this is your solution, only you and the special interest you continue to protect will be left in New York to pay your oppressive taxes."

"Three-state commission to impose rules on drilling - Controversial technique used to extract natural gas from rock"

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

Last updated: 5:01 p.m., Friday, August 15, 2008

HARRISBURGH -- A three-state panel that oversees the Susquehanna River from Cooperstown to the Chesapeake Bay is going to control how its water is used in a controversial drilling technique for natural gas.

For the first time in its 37-year history, the Susquehanna River Basin Commission will impose water review rules on an entire class of projects -- in this case, for a drilling method known as hydrofracking, in which millions of gallons of water are pumped into deep wells to shatter underground rock formations and force natural gas to the surface.

Commission Executive Director Paul Swartz said today it was "prudent to impose the more stringent provision on the natural gas industry to give us the ability to review and regulate the industry's individual and cumulative impacts on water resources.''

The commission controls access to water in a 27,500-square-mile region covering portions of the Southern Tier of New York, where a natural gas boom is under way, as well as Pennsylvania and Maryland.

About three-quarters of that land is above a rock layer -- with a major section known as Marcellus shale -- that has enough trapped natural gas to supply the entire U.S. for two years.

Some environmentalists have warned that hydrofracking, which relies on a blend of water, sand and chemicals pumped into the ground, has left polluted water in other states like Colorado and New Mexico.

Yancey Roy, a spokesman for the state Department of Environmental Conservation, said today the state supports the commission's action.

"It is critically important,'' he said.

"We think the commission should be looking closely at this issue.''

DEC Region 7 Commissioner Kenneth Lynch is a member of the 12-member commission headquartered in Harrisburg.

In New York, natural gas companies are racing to lock up drilling rights as the price of natural gas increases along with other fossil fuels.

Hydrofracking involves drilling underground up to 9,000 feet into shale formations.

A high-pressure injection of water, sand and chemicals is sent down the well, where it fractures rock and releases the gas bubbles, which are drawn up through the well.

The water -- up to 6 million gallons for each well -- is then extracted and stored in open pits for later treatment as toxic waste.

The U.S. Department of Energy lists water from gas drilling as among the most toxic of any oil industry byproduct.

One problem in other states has been the blend of chemicals used by gas companies has been a trade secret, meaning that regulators do not know what is being pumped into the ground.

DEC officials have said they intend to know what chemicals are used before issuing drilling permits.

Susquehanna commission spokesman Susan Obleski said the commission will not require gas companies to disclose that chemical mix as part of any application to take water.

It is not clear whether the commission would have such authority to demand the formula, she said.

However, any amount of water, regardless how small, used for hydrofracking will now require commission approval, said Swartz.

Current rules had allowed daily water withdrawals of up to 100,000 gallons a day without commission oversight.

Water for hydrofracking from public sources, like drinking water systems, will be considered by the commission staff, while use of any other water source would require action by the full commission.

More information on the commission's regulation of natural gas well development projects is available at the commission's Web site at

http://www.srbc.net/programs/projreviewmarcellus.htm

"Staffer quits comptroller's office - Executive director of Oil Spill Fund leaves over travel vouchers"

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

First published: Saturday, August 16, 2008

ALBANY -- A veteran state lawyer has abruptly quit her executive post with the comptroller's office amid a disagreement over her travel vouchers.

Anne Hohenstein, executive director of the comptroller's Oil Spill Fund, stopped working for the state on July 31, said Dennis Tompkins, a spokesman for Comptroller Thomas DiNapoli.

He would not elaborate, saying her departure involves an "ongoing personnel matter."

A source familiar with Hohenstein's situation said it involves issues with her travel vouchers.

She was unavailable for comment at her home in Greene County.

She began her state career as an assistant attorney general in 1994 after working for an Albany law firm.

She moved to the comptroller's office as an assistant counsel and in 2003 took over the Oil Spill Fund.

The post paid $127,794 annually.

A recent biography listed her as chairwoman of the comptroller's Women on Work Steering Committee and president of the board of directors of the Greene Land Trust.

The Oil Spill Fund pays for the remediation of petroleum contamination and deals with claims for losses stemming from spills.

From pp.45-47, PLANNING THE SUBDIVISION AS PART OF THE TOTAL ENVIRONMENT, Division of General Engineering and Radiological Health, New York State Department of Health, Hollis S. Ingraham, Commissioner - 1974

SECTION V - DRAINAGE AND FLOOD CONTROL

Every realty subdivision (five or more lots of under five acres each) must provide adequate facilities for the proper drainage of natural waters from the land, the prompt drainage of storm and thaw waters from the site, and the prevention of inundation and flooding conditions caused by rising waters in the flood plain of surface streams and other bodies of water.

In short, the subdivision must be located on relatively high and dry ground or preparation of the site must provide this protection.

In addition to protection against surface waters, the area must be located where the ground water level is sufficiently low to assure freedom from difficult structural conditions for homes and other buildings and for private and public subsurface utilities and facilities such as on-site sewage treatment plants.

The availability of ground water for water supply purposes must not be affected, either in terms of quantity or quality.

OBJECTIVES OF DRAINAGE AND FLOODING CONTROL FOR SUBDIVISIONS

No subdivision will be approved if the soil and the general geological and terrain conditions fail to give assurance that the site is dry and capable of being kept dry and free from unwanted standing water and swampy areas.

Dwelling sites shall not be subject to partial or complete inundation or flooding by rising waters in streams, lakes or other bodies of surface water.

Approval or disapproval of subdivision development plans must be based on firm knowledge of local geological and topographic conditions, the effect of artificial grading and other topographic modifications on drainage, soil erosion and percolation conditions.

Consulting engineers, planners and developers must recognize that the conversion of open land into an urbanized community will result in the replacement of permeable land areas with impervious buildings and roofs, paved streets and parking lots.

Inspection of sites and ground water conditions by developers, followed by similar on-site inspections by local public health engineers and other officials are intended to prevent development investments in areas that do not assure optimum environmental conditions.

ENVIRONMENTAL FACTORS AFFECTING DRAINAGE AND FLOOD CONTROL FACILITIES

The effects of draining of the land and of flood control are not limited to the area being utilized for the subdivision.

Site conditions are affected by the total environment of the entire region.

Similarly, the methods used to assure "high and dry" conditions in the subdivision can and often do affect part or all of the entire region of which the residential development is a part.

Water drained from one area, such as from swamps, quarries, pits or other low-lying land, will flow into nearby waters or onto adjoining land areas.

The creation of new impervious areas can result in the shedding or rain water or freshet waters to low points off the development site.

Changes in topography caused by massive earth movements in developing a subdivision site can affect natural flows in other sections of the same water basin, just as such practices in neighboring areas can affect the subdivision site.

********

In similar manner, the development of re-charge basins and impoundment areas, off-site, adjacent to the subdivision or upstream on the same watershed, may impair the flow of surface waters from the subdivision site or may raise the groundwater level and affect basements of structures or subsurface utilities and facilities.

Such off-site and on-site facilities must be planned and operated in the manner that will assure proper environmental conditions in the total region.

The location of subdivision housing in known flood plains will be prohibited.

Long-range regional water resources plans will show whether lands now free from flooding will become subject to such conditions because of future water resources developments in the watershed.

*********

These and other factors must be weighed in planning and developing subdivisions.

DESIGN GUIDELINES FOR DRAINAGE AND FLOOD CONTROL ACTIVITIES

The points of discharge of surface waters must be chosen with care to prevent inundation or other damage to nearby lands.

Changes in land contour should be discussed with local planning agencies, public works officials or other involved authorities.

"Rensselaer lifting its state of emergency today"

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

Last updated: 12:07 p.m., Monday, August 18, 2008

RENSSELAER -- One week after a flood devastated low-lying areas of the city, Mayor Dan Dwyer said the city will lift its state of emergency later today.

Speaking at a news conference where Hannaford Supermarket announced its would help pay to repair a flood-damaged Little League field, Dwyer said the city will need state and federal aid to recover from the flooding of the Quackenderry Creek.

The creek overflowed its banks and sent water pouring into surrounding streets during a torrential downpour last week.

The mayor estimated that more than $20 million is needed, including more than $10 million for repairs and more than $10 million for remediation of the creek to prevent future flooding.

Hannaford donated $5,000 to Rensselaer Little League today to help the youth baseball group rebuild Fedelli Field.

The Little League needs to raise more than $100,000 to replace equipment and get the filed at Willow Street behind the city public works garage back in shape for play.

AND AS THE COST TO US TAXPAYERS OF YEARS OF MISFEASANCE, MALFEASANCE AND GROS NEGLIGENCE BY PUBLIC OFFICIALS IN NEW YORK STATE AND RENSSELAER COUNTY CONTINUES TO MOUNT UP, WE HAVE ...

"State, federal officials to survey flood damage - Rensselaer County estimates cost at $21.75 million"

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

First published: Tuesday, August 19, 2008

RENSSELAER -- Federal and state emergency management officials will assess the damage caused by the Aug. 11 floods during an inspection Wednesday, state and county officials said Monday.

Rensselaer County submitted to the State Emergency Management Office damage estimates of $21.75 million.

Of that amount, 93 percent -- $20.29 million -- occurred in the city of Rensselaer after the Quackenderry Creek overflowed its banks.

Based on the information provided by Rensselaer County, SEMO formally requested the Federal Emergency Management Agency to perform a Joint Preliminary Damage Assessment, County Executive Kathleen Jimino said.

"The state and federal governments will be working with our local municipalities to survey the damage to see what is eligible for federal assistance through existing federal programs," Jimino said.

State and federal officials will work with local representatives to ascertain the extent of the damage and then make recommendations on obtaining financial help, said SEMO spokesman Dennis Michalski.

"The state's job is to get any dollars we can" from FEMA, Michalski said.

Mayor Dan Dwyer said, "We need federal help. We need state help."

The city lifted its state of emergency at 5 p.m. Monday.

The Rensselaer Little League, which suffered more than $100,000 of damage to its Fedelli Field and facilities behind the city public works garage on Willow Street, received a $5,000 check from Hannaford Supermarkets on Monday.

"We wanted to do something to help the local residents," said Anthony Bottillo, manager of the Hannaford West Sand Lake store.

"It doesn't take a grand slam to win the battle," Bottillo said.

"All we want is businesses and organizations to step up to the plate."

Little League officials said they've also received donations and offers of assistance from individuals.

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.

C. Crowe II can be reached at 581-8438 or by e-mail at kcrowe@timesunion.com.

"State budget faces knife - Lawmakers scramble to meet governor's request for $600M spending cut"

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

First published: Tuesday, August 19, 2008

ALBANY -- Earlier this month, the Republican-controlled Senate passed a school property tax cap bill at the behest of Gov. David Paterson.

That bill would limit school tax growth to 4 percent each year.

Today, the Democratic Assembly will likely pass its response to that politically popular cap in the form of a "circuit breaker" that would provide income tax credits tied to property tax rates.

To help pay for that mechanism, the Assembly would raise income taxes on those who earn more than $1 million a year and again for those earning more than $5 million.

The two measures represent vastly different approaches to dealing with the state's soaring property tax burden and illustrate how far apart the Senate and Assembly may be on that issue.

They may be closer, though, on the question of how to cut the state budget during the special session that starts today and could last through Wednesday.

As of late Monday, staffers for Paterson and lawmakers were sifting through budget sheets in an effort to comply with the governor's call for a $600 million cut, in order to deal with what the governor believes could be a $6.4 billion deficit next year thanks to a slumping economy.

The cuts could affect hundreds of programs ranging from food banks to free health clinics and efforts to boost police patrols in troubled areas.

While the situation remained in flux, a couple of broad possibilities were emerging, including "sweeps" of unspent funds that various agencies and programs still have in their accounts.

Additionally, lawmakers were being asked to cut 50 percent from new initiatives, or from programs that were slated to grow this year.

Paterson has stressed that the cuts are largely reductions in spending growth, but lawmakers -- all of whom are up for reelection in November -- are loathe to bring bad news home to their districts before Election Day.

The push back against a tax cap, spearheaded by the politically powerful New York State United Teachers union, continued Monday as Assembly members reported getting phone calls from union members as well as members of local PTAs.

"I'm hearing both extremes," Assemblyman Jack McEneny, D-Albany, said of the calls.

News that the Assembly planned a circuit breaker as an alternative to a cap was hailed by groups like the labor-backed Working Families Party.

"The Assembly is showing what it means to govern in a practical, progressive and responsible way," said WFP Executive Director Dan Cantor, who added that a millionaires' tax would mean that a person making $20,000 a week would have to pay an additional $200 a week in taxes.

But Nassau County Executive Thomas Suozzi, who heads the state's Commission on Property Tax Relief -- which first called for a cap -- disagreed, noting that a circuit breaker wouldn't necessarily restrain school spending.

"It's irresponsible to do a circuit breaker without a property tax cap in place, because the people who don't get the benefit of the circuit breaker and businesses will continue to see skyrocketing growth in property taxes," he said.

"When you simply subsidize property taxes, they get higher," added Edmund McMahon, director of the Empire Center for New York State Policy.

The Capitol is normally sleepy at this time of year, but there were unmistakable signs of life on Monday as tobacco lobbyists, advocates for the disabled and officials from the state school superintendents council paid visits to various staffers.

There was plenty of worry from smaller organizations: The Schenectady Free Health Clinic, for example, was in headlines last year when Assembly Republican Minority Leader Jim Tedisco charged that former Gov. Eliot Spitzer had cut the clinic's funding as part of a political feud.

Some of the funding was restored: $125,000 rather than the $350,000 originally budgeted, said the clinic's executive director, William Spolyar.

But now the clinic is in line to get $175,000 rather than the $350,000 that was once again budgeted this year.

"If that's really what it is, then this clinic would probably cease to exist," Spolyar said.

"There are only so many raffles or pot-luck dinners you can have," added John Evers, Executive Director at the state Food Bank Association.

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

Gannett News Service contributed to this story.

Poll results

A new Siena Research Institute poll asked New York voters how the governor and the Legislature should deal with the budget gap:

Cut spending -- 80 percent

Raise taxes -- 10 percent

Both -- 6 percent

Neither -- 4 percent

"Paterson: Fiscal crisis ranks with Great Depression - Governor goes on radio shows to gather support for plan to cut budget by $600M"

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

Last updated: 10:58 a.m., Tuesday, August 19, 2008

ALBANY -- The state's looming fiscal crisis may turn out be the worst since the Great Depression, Gov. David Paterson suggested during an interview on Talk-1300 radio this morning.

"We may be as challenged as we have been since the Great Depression,'' Paterson said, repeating his fear that state revenues are about to "fall off the table'' due to Wall Street's woes.

Paterson went on radio stations here and in New York City this morning to gather support for his call for $600 million in budget cuts.

He's called lawmakers back for a special session today in order to try and push those cuts through.

"Albany company expects hit from Eclipse cutback"

By ERIC ANDERSON , Deputy business editor, Albany, New York Times Union

Last updated: 10:23 a.m., Tuesday, August 19, 2008

Albany International Corp. said today it expects a short-term hit from Eclipse Aviation's decision to scale back production of its six-passenger very-light jets, reducing the need for the composite materials provided by Albany Engineered Composites, a fast-growing unit of Menands-based Albany International.

"Schenectady High on dangerous school list - School is one of eight named 'persistently dangerous' by state"

By SCOTT WALDMAN, Staff writer, Albany, New York Times Union

Last updated: 1:27 p.m., Wednesday, August 20, 2008

Schenectady High School has been named a "Persistently Dangerous School" by the state Education Department.

The school is one of eight placed on the state's list this year, with virtually all of the rest in New York City.

Since 2001, the state has required schools to record and report violent incidents ranging from threats to assaults and sexual attacks.

The state law conforms to the federal No Child Left Behind Act, which requires that states produce annual lists of their "persistently dangerous" schools.

AND AS WE CONTINUE TO TRACK THE FRUITS OF INTENTIONAL GOVERNMENT NEGLIGENCE AND MISFEASANCE AND MALFEASANCE IN HERE, ALONG WITH THE INTENTIONAL INTIMIDATION OF THOSE WHO WOULD CHALLENGE THIS INTENTIONAL NEGLIGENCE, WE HAVE ...

"Rensselaer citizens demand flood aid - Officials say they are seeking state help, but federal funds are unlikely"

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

First published: Thursday, August 21, 2008

RENSSELAER -- Mayor Dan Dwyer had no easy answers to a deluge of questions Wednesday night from residents demanding help after flash flooding this month.

The mayor engaged in heated debate on the steps of City Hall during a break in a Common Council meeting after saying it was doubtful that private homeowners could get federal aid.

Dwyer said the city would help through private fundraisers.

"Everyone here is at the breaking point," Dwyer said after clashing with Fifth Street resident Tom Zulick and others who want help now.

"We are working day and night on this."

"I am tired, too."

Dwyer said he asked Gov. David Paterson to declare parts of the city a state disaster area, which would produce state assistance.

On Aug. 11, the Quackenderry Creek -- swelled by six inches of rain in a few hours -- barreled into the Hollow neighborhood, leaving about 60 homeowners with damage.

Water ripped out culverts between Fifth and Sixth streets near Partition Street, which backed up the waters even more, said Fifth Street resident Mary Lou DelRio.

"We want the cost of damages from whoever is responsible," she said.

Dwyer said a "second surge" caused most damage.

"We don't know where it came from."

In meeting with officials from the Federal Emergency Management Agency on Wednesday, Dwyer said estimated damage was $21.2 million.

"We elected this Council and we can take it out," Zulick told Dwyer before both men pointed fingers at each other.

Zulick asked whether the new Rensselaer Middle/High School campus upstream on the Quackenderry made flooding worse.

The Department of Environmental Conservation said excessive rain, not upstream construction, was responsible.

Dwyer said a $100-a-ticket fundraiser for flood assistance is planned Aug. 28 at Casey's Restaurant on Washington Avenue, with a goal of raising $50,000.

"I am telling people to save their receipts for repairs."

"We will cover as much as possible."

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

"NY panel investigates lawmaker over e-mails"

Associated Press

Last updated: 11:02 a.m., Thursday, August 21, 2008

ALBANY -- The New York Assembly's Ethics Committee is investigating claims that a married lawmaker exchanged sexually explicit e-mails from 2003 to 2005 with a legislative employee.

The accusation against Assemblyman Sam Hoyt, a Buffalo Democrat seeking re-election, would be a violation of the Legislature's ethics rules if the e-mails were exchanged with legislative interns.

The Buffalo News reports that the two women were adults and not interns when they were allegedly involved with Hoyt, who faces a primary challenge Sept. 9.

The newspaper reviewed records from the Assembly and the state comptroller's office.

Hoyt said in a prepared statement that many of the accusations against him, which first appeared on a political Internet site, are false.

He says he had a difficult time in his marriage several years ago, but that he and his wife have put that behind them.

"Here's what's true," Hoyt stated in his campaign press release dated Tuesday.

"While my past actions were unfortunate, and for which I have expressed to my family my sincere apology, one blogger has alleged that official rules or laws were broken."

"That simply is not true.

"It's sad that my political opponents have chosen to resort to the lowest tactics by dredging up a private matter from years ago just 21 days before an election," Hoyt said in the prepared statement.

There was no immediate comment Thursday from Hoyt, 46, who has represented his district since 1992.

The Web site, which comments on western New York politicians, has said it will publish another e-mail if Hoyt every day until he resigns from the race.

Hoyt faces former Buffalo city Council Member-at-Large Barbra A. Kavanaugh in the Democratic primary.

Her campaign didn't immediately respond to requests for comments Thursday left by telephone and e-mail.

Daniel Weiller, spokesman for Assembly Speaker Sheldon Silver, said an allegation regarding a member of the Assembly he wouldn't name was forwarded Tuesday to the Assembly Standing Committee on Ethics and Guidance.

"The Assembly has strict policies regarding fraternization," he said.

"Violations of these policies will not be tolerated."

"NY comptroller advises state: halt wireless network project"

By CAROLYN THOMPSON, Associated Press

Last updated: 4:42 p.m., Thursday, August 21, 2008

BUFFALO, N.Y. -- Comptroller Thomas DiNapoli on Thursday strongly advised the state against moving forward on a $2 billion statewide emergency radio network until the company building it fixes a host of problems.

"New York is not much closer to a statewide network today than it was when this whole process started," DiNapoli said after an audit uncovered operational deficiencies he said led to lengthy delays and round after round of failed testing.

Much of the blame went to M/A-COM, a division of Tyco Electronics, which was chosen by the state in 2004 to build the system.

"M/A-COM has not met its contractual obligations and New York can't afford to spend $2 billion on a system that doesn't work right."

"It's time to fish or cut bait," DiNapoli said.

"M/A-COM has to deliver what it promised."

The statement provoked a swift response from M/A-COM President Chuck Dougherty, who said DiNapoli's report was inaccurate.

He said the company has provided written corrections to the comptroller and state Office for Technology.

The OFT is expected to decide by Aug. 29 whether to go forward with the state's contract with the company.

"We will correct any remaining outstanding issues related to the first phase of this program, which when complete, will serve as the foundation for the most advanced critical communications system in the United States," Dougherty's written response said.

The project's goal is to use a network of wireless transmission towers to allow police officers, firefighters and other emergency personnel statewide to communicate with one another.

But testing of the 800 MHz system in Buffalo and surrounding Erie County and nearby Chautauqua County has not gone smoothly.

DiNapoli's office listed among the problems "unclear voice communications, unacceptable tower downtime, inoperable portable radio devices and delays when handing off signals between tower sites."

Even if the problems were fixed, DiNapoli said, municipalities, from a financial standpoint, should think twice about being part of the statewide system.

Erie County, for example, saved $30 million by opting out as a full partner in favor of becoming a "gateway" partner, meaning it will be able to connect with the statewide system when needed and relay the information to local agencies, many of which had already invested in recent years in upgrading their radio systems to 400 MHz.

"For Erie County to adopt an 800 megahertz system including our towns and villages, we were looking at literally a $100 million expenditure," Erie County Executive Chris Collins said.

The problems during the testing did not weigh heavily in the decision to downgrade the county's involvement, Collins said, because he expected the technical issues would be solved.

Even so, he said, there were concerns that the delays in getting the statewide network up and running would leave some towns and villages that were in dire need of upgrades with too long of a wait.

"For us to be the gateway partner, with the county being the link to that information in that very unlikely event we needed to, was endorsed by everyone," Collins said.

Gov. David Paterson, when asked about the project's status during a news conference on Wednesday, said he was told by Assembly Speaker Sheldon Silver that "it's not dead but it's in critical condition."

"Schools face a sticky problem - With start of school year near, three of Burnt Hills district's gyms made unusable by floor product"

By DENNIS YUSKO, Staff writer, Albany, New York Times Union

First published: Thursday, August 21, 2008

BALLSTON -- A suspect batch of floor finish has turned into a gelatin-like substance on the maple wood floors of three gyms at Burnt Hills-Ballston Lake schools, forcing the district to shut the facilities just two weeks before classes start.

The district recently arranged for its five volleyball teams to practice at schools at two nearby districts because of the problem with the floor product, Comply.

It was applied to the gym floors and failed to cure, district officials said.

The district used the product in August 2007 without a problem.

It usually dries from the bottom up in four to five days.

But more than a week after it was applied in the high school and two middle school gyms, the floors are unusable and mushy.

"This stuff is cracking on top while the part next to the wood is still gooey and even moving or pooling," custodial supervisor Dave Martin said.

"I've been refinishing gym floors for 29 years, and I've never seen anything like this."

The school district wants to save the floors by removing the finish and applying new material.

It doesn't know how long it will take or the cost.

The school and the product's manufacturer, Essential Industries of Wisconsin, are investigating what caused the problem and how to fix it, school spokeswoman Christy Multer said.

"We believe our custodians did not do anything wrong," Multer said.

"Our suspicion is it was a bad batch of floor finish, but that's what's being investigated."

Interscholastic sports practices started Monday.

Most fall teams can practice outdoors, but not the district's two boys' and three girls' volleyball teams.

Renovation projects at two district elementary schools meant those school gyms also were unavailable.

So Athletic Director Bob McGuire made arrangements for the volleyball teams to practice two hours a day at Niskayuna and Ballston Spa high schools.

Burnt Hills-Ballston Lake's first junior varsity volleyball tournament on Aug. 29 has been moved to Niskayuna.

Classes start Sept. 4.

There are almost 2,000 students in the middle and high schools.

The problem means added costs for the district, including buying new finish, transporting its volleyball teams to other schools and rental costs for the other schools' gyms, Multer said.

It's unclear if the costs will be reimbursed.

Essential Industries did not respond to a request for comment.

School officials said it had sent representatives to inspect the floors.

Essential is working to remedy the situation, and has called other school districts using Comply to warn them to check their batch number, Multer said.

"It's certainly a big concern and inconvenience when you have to close three gyms," she said.

Assistant Superintendent Jackie St. Onge is working with the company to fix the floors, but does not know how long repairs will take.

"We want this done right, and we simply will not allow any of our students to play on gym floors that are not safe -- not now and not once school starts," she said.

Dennis Yusko can be reached at 454-5353 or by e-mail at dyusko@timesunion.com.

"Senate minority leader's chief spokesman resigns"

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

First published: Thursday, August 21, 2008

ALBANY -- Senate Minority Leader Malcolm Smith cut his director of communications Wednesday after the Democrat from Queens drew criticism this week for his comments at a golf outing with lobbyists.

Smith announced he accepted the resignation of Curtis L. Taylor and that Taylor will become an operative for the Democratic conference.

Taylor leaves after failing to immediately respond to reporters looking into reports that Smith told lobbyists and others at a fundraiser a week ago to invest in the Democratic conference before it gets too expensive -- implying that campaign donors should support the minority now because of its potential to take over the chamber in the fall.

Senate Republicans blasted Smith, alleging an inappropriate, if not illegal, shakedown; some called for a state investigation.

Smith was forced to put out a statement claiming his comments were in jest and made during a rain-out of the $5,000-per-foursome fund-raiser he was holding at Wiltwyck Gold Club in Kingston.

Some lobbyists at the event said they took his remarks as a joke.

The former Newsday reporter worked for Smith since he became minority leader almost two years ago.

He did not return a call for comment.

Taylor keeps his $118,560 salary, a Senate spokeswoman said.

"Verizon's fiber-optic system rollout hits snag - Company will inspect its installations after state regulators cite electrical code, grounding problems"

By LARRY RULISON, Business writer, Albany, New York Times Union

First published: Thursday, August 21, 2008

ALBANY -- Verizon Communications Inc. will go back and inspect every one of its FiOS installations in New York after regulators discovered that some of the fiber-optic systems could pose potential safety hazards.

Routine inspections by the state Public Service Commission found that "a high proportion" of the systems failed to adhere to the National Electrical Code and were not properly grounded or bonded, according to the agency.

FiOS is Verizon's new fiber-optic system designed to offer phone, Internet and TV service to compete with cable companies like Time Warner Cable.

In response to the PSC's investigation, Verizon submitted a plan under which it plans to inspect all previous installations and correct any problems within 60 days.

The company is also creating a special quality-assurance team to make certain that new installations are done correctly.

The PSC is asking the public for comment on the plan by Sept. 22.

The issue was first discussed at the PSC's July meeting and brought up again Wednesday by PSC Chairman Garry Brown.

"Verizon's plan commits the company to visit all installations made before Aug. 1 to recheck to see if they're safe," said PSC spokesman James Denn.

"We'll follow up with random checks."

Verizon spokesman John Bonomo said the FiOS systems are safe and there are no known instances of fire or other safety hazards.

Verizon has rolled out the system around the state, and locally in Bethlehem, Colonie and Guilderland.

"We've been talking to the (PSC) staff for a while now about procedures in some FiOS installations," Bonomo said.

"Since FiOS is a new technology, questions about proper procedures naturally arise."

"We are working cooperatively with the commission as part of its proceeding to ensure that they are comfortable with our installation approach and that we understand what their expectations are."

Bonomo said that although the commission has yet to approve its inspection plan, Verizon would start now going back and checking installations.

He did not know how much it would cost the New York City-based telecommunications giant, but said the tab would not be "material" to Verizon's financial results.

"The bottom line is we put safety first," Bonomo added.

"We are confident that our FiOS installation procedures are in compliance with prescribed standards."

"In more than four years of installing FiOS, there have been no problems resulting from our installation practices."

Larry Rulison can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.

Public comments

People who want to comment to the Public Service Commission on Verizon's FiOS inspection plan can submit them to the following address:

Jaclyn Brilling Secretary to the PSC 3 Empire State Plaza Albany, NY 12223-1350

They also can e-mail comments to secretary@dps.state.ny.us or call 474-6530.

"Paterson, lawmakers reach deal on budget cuts - Govenor, leaders agree to enact $427 million in mid-year cuts"

By IRENE JAY LIU, Capitol bureau, Albany, New York Times Union

Last updated: 3:22 p.m., Wednesday, August 20, 2008

Gov. David Paterson and legislative leaders announced today an agreement to enact $427 million in mid-year legislative budget cuts, one day after the legislature returned to Albany for a special session to address the state's worsening fiscal situation.

"There's a lot more to do, but the winds of change have come to Albany," said Paterson.

"We've never gone into the budget in August," he added.

"Never made these kinds of cuts before."

Paterson -- appearing in the Capitol's Red Room with Senate Majority Leader Dean Skelos and Minority Leader Malcolm Smith, Assembly Speaker Sheldon Silver and Minority Leader James Tedisco -- said he hoped the cuts would provide a "cushion'' to get through the current year, but added that the work to address the state's fiscal problems wasn't over.

"I'm not going to minimize the gravity of this crisis."

"We are not celebrating."

"We are partnering," he said.

Both the Assembly and Senate passed bills to reduce local assistance spending by $97 million, cut new and enhanced executive programs by 50 percent, reduce new legislative program spending by 6 percent, transfer $40 million currently allocated to the Statewide Wireless Network project back to the general fund, reduce member items by $50 million, cut $51 million from the City University of New York, and find $127 million in savings from Medicaid and other health care spending.

The legislative cuts, combined with Paterson's cuts to the executive budget, will total $1.5 billion in reductions to the 2008-2009 budget.

Paterson received only 70 percent of the $600 million in legislative cuts he initially called for, but touted the legislature's achievement as "actually rather historic.''

The governor also noted that another $75 million in cuts is currently being negotiated, but would not go into details about where they would come from.

Democratic and Republican leaders alike were effusive in their praise of Paterson's leadership.

Assembly Speaker Sheldon Silver said, "I applaud the governor for his leadership on this issue and so many others over the past few months.''

Senate Majority Leader Dean Skelos praised Paterson for his approach with the legislature.

"There is not only a new wind blowing in Albany, but also a new tone,'' he said.

"With Gov. Paterson, he has established a tone of civility.''

"Analysis: Paterson's big gamble in NY was months in making"

By MICHAEL GORMLEY, Associated Press

Last updated: 1:32 p.m., Saturday, August 23, 2008

ALBANY -- Gov. David Paterson walked into the office used by New York governors since FDR, strode past the dark wooden desk big as a Buick hood and sat down at a straight-back chair.

He laughed and said that when he was a senator, governors sat behind the desk to make the point that they were calling the shots.

But on Tuesday morning, it was clear that Paterson was calling the shots.

By the end of the day, the Democrat from Harlem would lead the Legislature to $1.7 billion in budget cuts over this and the coming fiscal year.

The spending cuts were enacted despite a massive lobbying effort by interest groups and a long history of gridlock in Albany.

It might be premature to declare a new era for a legislature deemed the most dysfunctional in America.

After all, the cuts total just 1 percent of spending and represent only a reduction in the nearly 5 percent growth in spending over last year.

That they did it all, though, is significant.

Proof was provided by the special interest groups.

Powerful lobbies led by the New York State United Teachers union and other public worker unions were screaming.

They used more than $1 million in TV ads to turn up the volume to protect their funding.

But it turns out Paterson's big play on Tuesday was a safer bet than it appeared.

Paterson had hedged his bet in just five months on the job after taking over from the combative Gov. Eliot Spitzer.

Three times -- in March, in July and this week -- Paterson built his case publicly, showing deficits were dragging the state down.

The Legislature was invited to help avoid a sinking.

In the end, Paterson used the only force powerful enough to move the Legislature -- itself.

The Legislature as a whole was boxed into acting or answering embarrassing questions when the deficits deepened in the October fiscal report, right around election time.

Paterson had also brought in the legislative leaders -- Republican Sen. Dean Skelos and Democratic Assembly Speaker Sheldon Silver -- as full partners, not obstacles to roll over.

And to their credit, Skelos and Silver listened.

And despite all odds, they acted against special interests, including the New York State AFL-CIO and NYSUT, which withheld political endorsements until the votes were cast this week.

Hours before Paterson knew if his big gamble would pay off, he said in an interview with The Associated Press in his office that he was confident in the cards he held.

"If they don't do something significant, they are going to embarrass themselves," Paterson said.

"The foreboding economic forecasts are going to make it clear that I was right," Paterson said.

"That would be far more devastating than insulting them ... my message banging them over the head will be worse than any TV ad."

Paterson, a 20-year veteran of the Senate, also knew something else: Although the Legislature is the public's longtime bane and punch line, it is constituted of many legislators who are smart, savvy, and worthy of respect who want to do the right thing.

"Editorial boards say, 'Get tough with the Legislature.'"

"It's almost like we're in the Old West."

"What are we going to do?"

"Shoot them?"

"Lasso them?"

"Tie them up?"

"The way you get tough with the Legislature, which I guess is what I'm doing, is laying out the hard reality, not disguising it, be very transparent -- tell them what needs to be done, even if it's in an election year, even if it's in August, even if people have primaries, and seeing whether or not they will respond."

"They are responding, they know that this is real and their response is going to win them huge praise from the same public, so that's the way you can work around being out-financed" by special interests.

Being an increasingly popular governor helps.

"It spurs me to work harder," he said, but added: "In the end, even if the polls had been down, I think this is the right thing to do."

"I'm staking my own personal reputation and, basically, my career on it."

On Tuesday, it paid off.

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Michael Gormley is the Albany, N.Y., Capitol editor for The Associated Press. He can be reached by e-mail at mgormley(at)ap.org.

"Ex-sheriff convicted of misconduct in Finger Lakes region"

Associated Press

Last updated: 4:12 p.m., Saturday, August 23, 2008

WATERLOO, N.Y. -- A Seneca County Court jury has convicted former Sheriff Leo Connolly guilty of two misdemeanor charges of official misconduct.

Connolly was accused of using his office to retalitate against two people who had criticized him on a popular Web site in western New York's Finger Lakes region.

Nobody was ticketed or arrested.

He was acquitted of one other misconduct charge, and charges of perjury, offering a false instrument for filing and falsifying business records.

Sentencing is scheduled Oct. 16.

Four of Connolly's deputies were also charged, and his former undersheriff, James Larson, pleaded guilty to theft and misconduct earlier this year.

Defense lawyer Robert Napier called no witnesses, contending prosecutors failed to prove their case.

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Information from: The Post-Standard, http://www.syracuse.com

"Sewage problem on agenda"

Albany, New York Times Union

First published: Tuesday, August 26, 2008

ALBANY -- An ongoing problem with Albany homes being flooded with sewage will be the subject of a Common Council committee meeting Wednesday.

The same city pipes handle water from storm drains and sewage.

During heavy rains, some neighborhoods -- notably the Melrose neighborhood -- experience sewage backup.

The council's General Services, Health and Environment Committee will meet at 6 p.m. Wednesday in the second floor City Court room of City Hall to discuss the issue.

The same committee will meet at 6 p.m. Sept. 10 to discuss council member Glen Casey's proposal to ban stores from using plastic bags, or at least reduce their use.

The committee meetings will immediately follow a caucus by the council so the start time may not be exact.

-- Tim O'Brien