The Turbo Trains To Nowhere

Back when I was going to college in Albany, I had occasion to take Amtrak and from New York City. More than a few times, I was on a Turbo Train, which was faster than the standard service by about 10-15 minutes.

When Governor George Pataki was in office, he touted a proposal to upgrade the New York to Albany line for high speed rail and even had a deal in place with Amtrak to upgrade service, including refurbishing several of the Turbo trains for high speed service.

Well, needless to say, the project went off the rails. New York still lacks the high speed rail corridor, but the state is still on the hook for the costs of storing the four Turbo trains that it had obtained from Amtrak.

Gov. Andrew Cuomo is now dealing with the residual mess - and is going to be selling off the trains for scrap because they've been allowed to rust in place.

But the necessary track improvements never happened. Trains that the state paid $70 million to refurbish did not work. Then the state accused Amtrak of stealing several of them by towing them to Delaware and never bringing them back.

Four trains remain as monuments to the disastrous project. For years, the state paid more than $150,000 annually to rent a space to house the trains in Glenville, as well as a warehouse for spare parts in a Rotterdam industrial park.

“This is New York State’s $70 million train to nowhere,” said Howard B. Glaser, the director of state operations, who called the abandoned trains a glaring example of “waste and incompetence.”

Gov. Andrew M. Cuomo, a Democrat, has made a priority of consolidating government offices and trying to sell surplus state property, from automobiles to state prisons. His administration says it has already netted more than $1 million via an eBay store.

On Thursday, his aides said they would now try to sell the unused trains and their spare parts, probably for scrap.

Even by Albany standards, the high-speed line offers a reminder of how a much-heralded government project can fall apart — literally, in the case of the boarded-up, weed-infested trains. The state is still paying off bonds that financed a portion of the train project, even though it never succeeded, said Robert L. Megna, the state’s budget director.

The track improvements never happened and that meant that the locomotives couldn't ever get up to speed. New York was forced to cover storage costs at more than $150,000 a year.

The fact is that had the tracks been upgraded, it would have represented a clear opportunity for high speed rail. The line was uniquely suited for the purpose - it's a high traffic route that feeds into the NEC at New York Penn Station, and could have served as a demonstrator route for upgrades elsewhere in the country. But the project was starved of funding and Amtrak botched its end of the project almost as badly as the state botched its side.

But at least I can say that I took one of those Turbo trains before they went off the rails.

The Latest From Zuccotti Park's OWS Protests and an Albany Update

Overnight, the New York metro area got hit with quite a bit of rain, and it turned a whole lot colder. That cold will last through the weekend, and weather forecasts are putting snow in the forecast for Saturday. While the suburbs north and west are being threatened with 6 inches or more of snow, the city itself is likely to see a dusting to an inch at most.

It will be a most unpleasant situation for those trying to tough out the protests at Zuccotti Park. Making it even more difficult is the FDNY and NYPD, who have confiscated generators and propane and gas tanks and other equipment as fire hazards and are looking for fire code violations.

The FDNY were looking for safety violations. At issue: Propane tanks and gas generators being used to keep the protesters warm. The inspection, involving dozens of firefighters, was overseen by Fire Commissioner Sal Cassano.

Protesters turned over six generators and dozens of gasoline cans, Mayor Michael Bloomberg said. He reiterated that the protesters can stay as long as they want, provided that they follow the law. Bloomberg spoke on his weekly radio show on WOR.

Earlier this week, fire officials had raised concerns to the city about potential fire hazards in the park, especially as the temperature drops. Protesters are using tents, sleeping bags, and more to help them stay warm. It will be interesting to see how the protesters cope this weekend, when New York City may get its first snow of the season – even if it is expected to be just trace amounts.

While the temperature is dropping in the city, things may be heating up between protesters and the police. Thursday, the head of the NYPD’s Sergeants’ Union issued a warning to demonstrators.

He says protest-related incidents that leave cops injured could be met with civil lawsuits.

That warning came after escalating violence at Occupy demonstrations around the country.

While the NYPD unions are threatening lawsuits against those that attack police officers, I also expect a slew of suits against the police department on grounds that they violated the protesters civil rights or used undue amounts of force to subdue protesters. Some of those cases may be valid, but each will take time to investigate. Already, one such incident resulted in a police officer being reassigned after he used pepper spray against a protester inappropriately.

Meanwhile, a Fox 5 NY reporter, John Huddy was threatened with an assault by a protester who was angry and otherwise incoherent. NYPD arrested the person, and Huddy was quick to point out that protesters' reactions to him have been generally friendly and accommodating. Huddy has been covering the protests on a daily basis from Zuccotti Park along with a handful of other reporters, so he's a known quantity down there to the protest "spokespeople".

I expect some to use the Huddy incident as an indictment of the whole, but as Huddy notes, that's the exception to the general rule among the protesters.

Meanwhile, upstate in Albany (where there's also snow in the forecast and much colder weather, people marchedfrom the Occupy Albany encampment in Lafayette Park near the State Capitol to to the War Room, protesting Gov. Andrew Cuomo’s support for letting a surcharge on high income New Yorkers expire.

Another issue that is a hot-button topic for the protesters is hydrofracking, and while Mayor Jerry Jennings is supportive of the OWS Albany protests (including resisting calls from Gov. Cuomo to disperse the protesters from the park), he's vetoed a city ban on hydrofracking. Jennings correctly notes that the state has yet to promulgate rules on hydrofracking and it's premature to take an action when the state is going through the process of setting rules.

While some local politicians have supported the OWS movement, others are warily moving in the other direction, including Assembly Speaker Shelly Silver, whose district includes Zuccotti Park.

Silver, at the same time, tried to distance himself from the Occupy Wall Street protesters encamped in his Lower Manhattan district.
“I don’t consider them political allies,” he told reporters after an unrelated news conference in Manhattan. “The people have a right to be heard . . . But I also believe that neighbors have a right to enjoy their homes as well.”

That's even as he supports extending the millionaire's tax surcharge for New Yorkers.

UPDATE:
As to the threat of the police suing protesters who attack cops, there's a few interrelated issues. One would be that workers comp would likely supersede the civil action to recover from the defendant in a legal action. However, if a civil action can proceed, it would be like any other assault/battery case in NY. The police officer, as the plaintiff would have the burden of showing that the defendant assaulted him or her.

Thing is that we usually don't get such warnings when police officers are injured in the line of duty (such things happen all the time). We don't hear about a cop suing a drug dealer who shoots and injures the cop in the line of duty - yet they're going after these protesters with a threat of a lawsuit. That's pretty ballsy.

UPDATE:
In a related note, Chris Nolan is filming the next installment of his Batman series in New York City over the next few days and may include some background shots of the protesters at Zuccotti Park in some fashion. After his New York appearances, the Dark Knight will find his way to Newark for more exterior shots.

SUNY Albany's Nanotech Center Building Next Generation Semiconductor Facility

SUNY Albany has been working on nanotechnology for the better part of the past 20 years, and has been a major center for research as part of the Sematech consortium. The facility is undergoing a major expansion that would double the space for clean rooms and production facilities to test new technology.

The focus of the new technology is to increase the size of the silicon wafers used in semiconductors from the now standard 12 inch (300mm) wafer to an 18 inch (450mm) design that would reduce production costs significantly. This is the kind of advance that has application potential not only for semiconductors, but for solar power cells:

Renderings and other documents obtained by the Times Union show a dramatic, 500,000-square-foot structure that will nearly double the size of the existing College of Nanoscale Science and Engineering campus. The project, to be built in two phases, is rising opposite Washington Avenue Extension from the existing campus.

Officials from Sematech, the computer chip research consortium headquartered at the NanoCollege, have touted the expansion to insiders in recent months, describing the effort to move the industry from making chips on 12-inch, or 300 millimeter silicon wafers, to 18-inch, or 450 millimeter wafers.

The move could revolutionize the way chips are made by drastically reducing costs while increasing output.

A small-scale 450mm research program has been operated by the International Sematech Manufacturing Initiative, a Sematech program that has received millions of dollars in state funding. NanoCollege officials called it a "limited seed program" only two months ago.

But presentations made at semiconductor conferences around the world by Sematech CEO Dan Armbrust and Paolo Gargini, director of technology strategy at chip giant Intel Corp., show that the 450mm program is poised to grow significantly here.

The focal point is a 45,000-square-foot clean room being built as part of the first phase of the NanoCollege project, which is located on an 11-acre, state-owned parcel between Interstate 90 and Washington Avenue Extension.

Gargini showed numerous photos of the Albany construction project in July at SemiconWest, an annual conference held each year in San Francisco for companies that make computer chip manufacturing equipment, also known as "tools."

The main question is why all the secrecy over the expansion plans and funding sources. Aside from that, it's awesome to see my alma mater at the forefront of tech research and plans made while I was still a student there to come to fruition to turn the university into a major research institution for nanotechnology.

New York Makes Bid To Capture High Speed Rail Money Rejected By Florida

New York State Governor Andrew Cuomo intends to seek $517 million in federal high speed rail money that was rejected by Florida when Gov. Rick Scott killed a high speed rail project between Orlando and Tampa.

New York's rail system could desperately use the funds, and the money will help improve track and station conditions between New York and Albany, although there are a total of eight projects statewide:

The projects include:
Northeast Corridor Congestion Relief: Harold Interlocking: The largest application is for $294.7 million for the Metropolitan Transportation Authority's (MTA) Harold Interlocking plan. This project calls for the construction of a new conflict-free route for Amtrak along two miles of the Northeast Corridor where Amtrak service must cross over a flow of MTA Long Island Rail Road (LIRR) trains, resulting in significant and routine delays for Northeast Corridor service, particularly during peak periods.

The Amtrak bypass routes that will be constructed as part of this project will greatly improve reliability, on-time performance, and travel time for existing Amtrak service between New York and Boston and will provide the direct path through Harold Interlocking that is needed to make high-speed rail possible on the Northeast Corridor in the future.

Moynihan Station Phase 2 Final Design Project: The Governor is seeking $49.8 million to fund the final design of Phase 2 of the Moynihan Station Project, providing new passenger and back-of-house facilities for Amtrak. The Project will improve operational reliability and on-time performance at the station by allowing trains and people to move more efficiently through the Penn Station complex.

Northeast Corridor Congestion Relief: New Upper Hudson Line High-Capacity Signal System - Croton to Poughkeepsie: The $112 million project will construct a new high-capacity signal system to replace the present outdated signal system between Croton-Harmon and Poughkeepsie. The project will provide for higher capacity and reliability to all users and will result in improved on-time-performance and increased capacity.

Empire Corridor Capacity Improvements: Final Phase Signal Improvements Hudson Line: At a cost of $18.6 million this project will replace the final 48 miles of the Hudson Line signal system between Poughkeepsie and Albany and bury the signal cable. The current system is 30 years old and outages in inclement weather account for most of the delay affecting all trains between Albany and New York City.

Empire Corridor Capacity Improvements: Final Phase 4th Track Construction at Rensselaer Station: This $35.4 million project will complete work at the new Rensselaer Station which was opened in 2002. The funding will be used to construct a new fourth track, extended platforms, realignment of existing tracks and new signal system.

Empire Corridor Capacity Improvements: Final Phase Track Construction at Schenectady Station: The Governor would use $4.1 million to make major upgrades to the Schenectady Station. Built in 1970, the station is in poor condition with inadequate track and platforms. CDTA has designed a new station and tracks and has State and local funding in place for constructing the station. This project will provide for construction of the track and platforms and complete the funding package necessary for the Schenectady Station replacement.

Empire Corridor West: Rochester Intermodal Station: The City of Rochester plans to replace the inadequate, 37 year old temporary Rochester Station with a new Rochester Intermodal Station. This $1.4 million project would complete the preliminary engineering and environmental work.

Empire Corridor West: Niagara Falls High-speed Rail Inspection and Maintenance Facility: This project will use $1.75 million to conduct the preliminary engineering and environmental analysis necessary to construct the first heated, in-door maintenance facility west of Schenectady on the Empire Corridor West. Employees at the present facility built in 1978 service 728 locomotives, 2,912 coaches and 728 food service cars annually. The facility has no enclosed heated building to thaw out frozen equipment and Amtrak mechanics must use torpedo heaters and hand held torches to get equipment operating. This project will prepare the construction of an enclosed heated building, inspection pit, compressed plant air, and a track catch basin in which to capture water and oils.

However, notably absent among the projects is the use of any of those funds towards the construction of the Gateway Tunnel, which supersedes the ARC tunnel killed by Gov. Christie, which would enable high speed rail to access Penn Station.

Nanny Staters Putting Bakeries Out of Business In New York

The move to drive transfat out of foods and baked goods is well-intentioned according to nanny staters, but the effect is to kill businesses. Bakeries, who have to comply with the transfat ban enacted for Albany County New York restaurants and bakeries are finding it impossible to comply without compromising taste and texture.

Restaurants changed the products used in cooking, especially french fries and other fried foods, and so far there have been no complaints from them. Bakers, however, tell a different story.

Nina Crisafulli, who owns Sweet Temptations with her sister, Salina, said the issue for them was their lemon cupcakes. She has been in contact with the Health Department's Division of Environmental Health Services, which was to conduct the hearing, and she explained that the filling she uses amounts to less than 0.5 percent, about a teaspoon, which is allowed, noting, "When it's broken down for individual cupcakes, everything meets their criteria."

"Basically, there's no way to beat this," Crisafulli said. She predicted that one day it could go statewide.

"A bakery is something you go to every once in a while," she said. "It's a treat. Customers don't come in every single day. They are making laws that I don't think we really need."

The letter from the county said if the business owner didn't want to appear at the hearing and defend themselves, they could send in a check for $750, thereby admitting they were not in compliance. Fines could run as high as $3,000.

Cocca Dott said her butter cream frosting on cakes, especially wedding cakes, falls apart without a small amount of trans fat shortening that acts as the glue, or the stabilizer. Marble cake batter also falls apart with the chocolate separating from the rest of the batter, she said.

She tried using a shortening free of trans fat or using just under 0.5 percent, "but it all backfired on me," she said. The hot weather makes it even worse, she said.

"I have three choices," Cocca Dott said. "One, I could comply, or two, I can move out of Albany County, or three, I could seek counsel."

"I don't know how they can pass a law in Albany County, and it not be for everyone," she said. Price Chopper and other chains are under the jurisdiction of the state Department of Agriculture and Markets and don't have to comply.

Mainella said he can't make Italian cookies, his big seller, without trans fat.

Not only is this harming small businesses, but it makes little sense. The quantities of transfats involved is miniscule and yet its effect as a binder and stabilizer are significant in baked goods and frostings.

Yet, that wont stop the nanny staters from demanding compliance or else face serious fines. These businesses will either face substantial fines (which affect the bottom line and are an added cost), sue to avoid the fines (another added cost), or close up and move to another location to avoid the transfat ban.

How exactly does this make economic sense? How does this make sense health-wise?

Now They Notice?

The New York Times has spent years supporting Democratic control in Albany, maintaining a status quo for Democrats who have held the Assembly chamber for decades and gained control over the Senate this past year. Now, they suddenly realize that Albany is a cesspool in need of a vast cleansing?

New Yorkers have been complaining for many years about their abysmal state government, but it has simply grown worse. The state has become a national embarrassment, a swamp of intrigue and corruption, a $131 billion monster controlled by a crowd of smug officials whose main concern is keeping their soft jobs. By now, most New Yorkers have given up hope that these officials are capable of cleaning up their own mess.

The clock is ticking. In one year, unless the Albany crowd pulls off some miracle, which we doubt will happen, it will be up to the voters to get them out, all of them.

To recap some recent outrages:

Former Gov. Eliot Spitzer, who promised to reform Albany on Day One, was forced to resign on Day 441 after his bizarre antics with a prostitute. His replacement, David Paterson, has been weak and ineffective. The state comptroller was forced to resign after confessing to a felony involving his misuse of state resources. Three of his close associates have been arrested on charges of bribery and grand larceny.

A dozen legislators in the last few years have been convicted of serious crimes including bribery, mail fraud, extortion and racketeering. Joseph Bruno, the Senate majority leader who resigned last year, is fighting federal charges that he collected more than $3 million in fees from companies trying to do business with the state.

After failing to do the people’s business for years, the Senate was shut down for a month this summer by two Democratic senators. Pedro Espada Jr., one of them, is under investigation for not filing campaign finance forms and over allegations that he funneled state money into his own business. The other, Hiram Monserrate, was convicted last week of assaulting his girlfriend.

How do we let such people anywhere near a legislature? The answer is in voters’ hands. It is time to change the culture.

Maybe there's a real good reason that the Times had to can another 100 people in their newsroom today. Maybe it has something to do with myopia and a failure to report the massive failure of the state government for years on end that now culminate in a $50 billion deficit due to the state spending billions more than it could ever hope to take in due to unfunded mandates, a bad state economy (and even worse upstate economy that has been reeling for years due to a collapse of the state's manufacturing base and key companies like IBM, Xerox and Kodak).


For starters, voters must realize that the politicians that they've repeatedly reelected to office are incompetent and incapable of making any decision tougher than rubber stamping a decision by the Senate Majority Leader, the Speaker of the Assembly and the Governor to produce an annual state budget that empties taxpayer pockets and leaves the state budget in tatters.

They also have a way of electing politicians who assault their girlfriends and engage in all manner of illicit activities. To their credit, Sen. Charles Schumer and Sen. Kristen Gillinbrand (both Democrats) called on Monserrate to step down (but don't expect that to happen, or expect voters in his district to even notice).

And the problems aren't just in Albany. The same exact problems occur in Washington; Speaker Pelosi promised to drain the swamp of corruption, and yet she ignores multimillion dollar multiple ethical, legal and tax problems with none other than senior New York Congressman Democrat Charles Rangel. The Times called on him to step down from the post, but that's met with deaf ears.

The problems are also severe in New Jersey, where dozens of politicians have been indicted and convicted on corruption charges. Yet, we've got Republicans pushing candidates who apparently have unsavory connections to the porn industry, while Democrats have to run away from their "achievements" like Jon Corzine, because the economy is in tatters, state taxes have risen, and the only growth has been in the size of the state workforce.

It's time that the taxpayers cut through the crap spewed by the politicians. That means journalists doing more actual reporting of the news and less editorializing in hard news stories.

Idiocy On Parade In Albany

Democrats have decided to throw a temper tantrum of their own and have locked themselves in the Senate Chambers.

Why not hold their breath until they turn blue in the face.

They also barred the press and the public from the chambers, which is absolutely deplorable. These people fail to realize that the Senate isn't about them, but the work of the people of the State of New York. It's not about them, but so much of this ongoing political soap opera is driven by the political infighting among various players, particularly Democrats Pedro Espada Jr and Hiram Monserrate who threw the chamber into chaos when they joined up with the GOP but Monserrate has since rejoined the Democrats, stalemating business because both sides have equal numbers.

Governor David Paterson, a Democrat, warned that he would send the state troopers in to demand the Senators hold session and pass critical legislation including a bill on mayoral control of NYC schools. He called for a Special Session to be held at 3pm. Senate GOPers called for session at 2pm, but without a quorum, they will be unable to act.

Power sharing should be the realistic option, but Democrats are resisting the idea.

The circus continues...

Democratic Insurrectionists Wrest Control Of NY State Senate From Democrat Control

The New York State Senate is back in the hands of Republicans.

Minority Leader Dean Skelos, R-Rockville Center, was returned to the position of majority leader, the post he held until Democrats took control of the chamber after the November election.

Ordinarily, the majority leader and the Senate president positions are usually held by the same person, but Espada and Skelos are dividing the duties as part of their deal to take over the Senate leadership.

Espada, D-Bronx, who returned to Albany in January after a hiatus, said he is a voice for reform Democrats and that more reformers will be joining his lead. He and Sen. Hiram Monserrate of Queens joined the 30 Senate Republicans to remove all leadership put into place at the start of year when Sen. Malcolm Smith became the majority leader.

Led by an aggressive push by Sen. Thomas Libous, R-Binghamton, Republicans forced a resolution that resulted in the vote of Espada as temporary president for the rest of this year. Skelos was also named the vice president.

The Capitol was turned upside down by the move which ends the Democrats' six-month tenure as leaders of the Senate.

"I am a Democrat and I am in charge," said Espada who said he could not sit tight and allow Smith to lead the Senate. "We have been in a quagmire since Jan 7."

The plot to overthrow Smith was supported by Rochester billionaire Thomas Golisano, a three-time gubernatorial candidate and backer of several Senate candidates.

Libous was able to install Sen. George Winner, R-Elmira, to oversee the proceedings. He replaced Sen. Neil Breslin, D-Bethlehem, who had been officiating the Senate when Libous raised his surprise leadership resolution. Breslin was taken aback and had a hard time responding to the hand vote of 32 senators calling for a leadership change.

Eventually, Breslin recognized the vote and left with lawyer Keith St. John so that Republican lawyer Jack Casey and Winner could take the stage. After Espada and Skelos were sworn in, Libous won another resolution to restructure the powerful Rules Committee and cancel all chairmanships and committee appointments.

This is one of the more surprising events to occur in Albany in a long time, and that's saying something. Two Democrats, annoyed with the way that Senate Democrats have run things since they gained control of the chamber in January.

If the name Hiram Monserrate sounds familiar, it's because he was indicted on assaulting his girlfriend earlier this year and has been accused of similar acts in the past. Pedro Espada and Dean Skelos will be in a power sharing arrangement through the end of the year, but don't expect Senate Democrats to sit back and accept this situation.

In any event, consider this Tom Golisano's parting shot to state politics. He's already declared that he's leaving New York for a more tax friendly Florida, but he's financed candidates around the state. We'll see what the Democrats have in mind to combat this changed circumstance.

The New York State Culture of Corruption Gains Another Member

This time, it is former New York State Health Commissioner Antonia Novella, who is accused of stealing state services.

Former state Health Commissioner Antonia Novello was charged criminally Tuesday for allegedly misusing her office and stealing services from the state during her seven-year tenure as the state's top health official.
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Novello, 64, health commissioner from 1999 to 2006, pleaded not guilty in Albany County Court to a 20-count indictment, including four felony charges that she defrauded the government and offered false instruments.

The other counts, all misdemeanors, claim she stole state services. She could face a maximum of 12 years in prison if convicted on all counts, said Albany County District Attorney David Soares. Albany county Judge Stephen Herrick allowed her to be freed without bail but required her to surrender her passport.

In a report in January, the state Inspector General's Office alleged that Novello used state workers to provide personal services for her, including taking her on lavish shopping sprees and requiring workers to rack up about $50,000 in overtime to tend to her. The inspector general said she used state workers for such chores as buying her groceries, moving furniture and watering her plants.

Novello's tenure at the Health Department coincides with that of former Attorney General Eliot Spitzer (who later became governor), who once again failed to uncover corrupt state officials during his run as Attorney General. He too failed to uncover the massive corruption in the Comptroller's office and the growing pay to play pension scandals.

Novello's attorney, the well known Albany attorney E. Stewart Jones says that this matter could have been settled amicably. That's what he's supposed to say, but the corruption and theft of services is not something that can just be tossed aside by repayment. It was a series of criminal acts, and Novello is liable for them.

This all goes to the culture of corruption in Albany, where misbehavior is often ignored or excused. That must end, and it is up to the state's law enforcement officers - the attorney general and the local district attorneys to make it happen. It is also up to the voters, who continue to send repeat offenders to higher office, despite the corruption and ethical lapses. New York deserves better.

Also, keep in mind that Novello is being accused of substantially the same crime that former Comptroller Alan Hevesi entered a plea deal on. It seems that Albany politicians think it is perfectly acceptable to use state workers to run their personal chores and services, and that repayment isn't needed (or at least isn't needed until they're caught and charged in criminal court).

UPDATE:
The list goes on and on of ethical lapses and criminal acts by those politicians in Albany. The time to clean up the mess in Albany was years ago, but no one has bothered to heed the call.

UPDATE:
Soccer Dad emails to point out that Novella was a former Surgeon General of the United States and is the sister to none other than Father Guido Sarducci (Don Novella).

Perks of Power

The New York Times has a nice report about how the NYS State Senate Republicans larded up the pork for their friends and cohorts, reveling in their position.

Democrats took control of the State Senate last month after more than four decades of Republican rule, then set out to determine how the Senate’s own budget of nearly $100 million and its attendant perks were being distributed.

They are still trying to figure it out.

They recently realized there are some 75 employees working at the Senate’s own printing plant, a plain brick building on the outskirts of Albany. On Long Island, they found a small television studio, which had been set up — all with public money, with two press aides on hand to help operate it — for the exclusive use of Republican senators to record cable TV shows.

Democrats also came across what they are calling the “Brunomobile,” a $50,000 specially outfitted GMC van, with six leather captain’s chairs (some swiveling), a navigation system, rearview camera and meeting table. Joseph L. Bruno, the former Senate majority leader who was recently indicted on corruption charges, traveled in the van after his use of state helicopters sparked a feud with the Spitzer administration.

Then there are the parking spots, always at a premium near the Capitol. Democrats had been given roughly one spot per senator — there were 30 Democrats last year — and guessed there were perhaps double or even triple that controlled by the majority. Instead, they have learned, there are more than 800.

And Democratic leaders must determine what to do about 45 workers toiling away in a building close to the Capitol who appear to have been engaged in quasi-political research for the Republicans.

It's true.

They did spend quite a bit on pork and the perks of being the party in power for decades. That's taxpayer dollars wasted on pork barrel projects and programs designed to maintain the political status quo.

Here's my problem.

Why didn't the New York Times do anything to uncover any of this use and abuse of our taxpayer dollars before the Senate changed hands from the GOP to Democrat control this year? These are longstanding issues - some going back decades, and yet only now the Times is getting its story?

One has to wonder what the Times could uncover if it bothered to check out what the Assembly Democrats have concocted for decades, given that they have held on to that chamber for as long as the Senate Republicans held on to that chamber.

Albany is an equal opportunity porkfest and given how until this year the legislature was split between Democrat Assembly and Republican Senate, both legislative leaders (Speaker Shelly Silver and until last year Senate Majority Leader Joe Bruno) were signing off on the spending for both chambers and the larded up porkfest that are called member items.

The press covering Albany has been lackluster in showing just how the state spends our money and wastes our money on such perks of power.

Albany County District Attorney Soares Under Fire

Albany County District Attorney David Soares, who was last seen botching a major steroid distribution investigation and whitewashing the investigation into former Governor Eliot Spitzer's dirty tricks, is under fire for losing thousands of dollars seized in criminal cases and using state money to pay for personal purposes. The Albany Democrat should be in a heap of trouble:

A detailed audit, to be released today by Albany County Comptroller Michael Connors, also found Soares illegally used $62,155 in state crime-fighting funds to pay daily parking fees for 20 favored employees.

"There was no explanation or justification presented in the record to substantiate the value of such parking expenses to the goal of prosecuting cases and depriving criminals of the profits of their illegal activities," the audit noted, according to a draft copy obtained by The Post.

According to the audit, Soares also illegally or improperly:

* Used $18,000 in crime-fighting funds to buy and distribute T-shirts to community youth programs, which Albany activists say are being mobilized to help the DA win re-election.

* Circumvented legally required competitive bidding procedures for the purchase of nearly $30,000 worth of computers and office equipment.

* Spent $7,297.27 on flashlights and whistles "emblazoned with the words 'P. David Soares: Your Albany County DA' " that were given to community groups.

That's your tax dollars at work folks. Soares, who fiddled while Eliot Spitzer was busy using state troopers for investigating Senate Majority Leader Joe Bruno, a Republican for use of state aircraft, didn't actively and aggressively pursue the investigation. While several of Spitzer's underlings are facing investigations, Spitzer himself has not been a focus, despite the fact that he directed his people to launch the attack on Bruno.

The Incompetence of David Soares

If the name David Soares sounds familiar, it's because he's the Albany County District Attorney who was investigating the steroids scandal and who looked the other way as New York State Governor Eliot Spitzer (D) abused his power and discretion by using State Troopers to investigate Senate Majority Leader Joe Bruno (R).

It turns out that his investigations on the steroids case were botched, forcing charges to be dropped.

A judge threw out criminal indictments against the central figures in a wide-ranging national steroids investigation on Thursday, citing a series of blunders and missteps by prosecutors for the Albany County district attorney, P. David Soares.

Mr. Soares’s investigation, which began three and a half years ago, has spanned at least four states and involved at least seven federal and state agencies. It has so far resulted in 17 guilty pleas from people who prosecutors alleged were involved in distributing steroids and other performance enhancers to thousands of customers around the country, including sports stars and other celebrities.

But Judge Stephen W. Herrick, of Albany County Court, found that mistakes by the prosecution had prejudiced the case against five people associated with Florida-based Signature Pharmacy, which prosecutors had alleged was the supplier of at least $10 million worth of controlled substances sold to customers in New York. They are Naomi Loomis and Robert Loomis, the husband and wife who own the pharmacy; Mr. Loomis’s brother, Kenneth Michael Loomis, a pharmacist at the company; and two former employees, Kirk Calvert and Tony Palladino.

As for the Spitzer investigation, he refused to bring charges against Spitzer, despite evidence of malfeasance. Soares took kid gloves to Spitzer and his underlings in attempting to sort out what happened, and which reveal that Soares had little interest in rooting out the corruption and abuse of power in the Governor's office.

Albany County voters better look closely at who they want to enforce the law in their county. Soares has turned out to be an abysmal failure. Soares is already trying to get opponents bounced from the November ticket.

UPDATE:
The police union has come out in support of Soares' challenger, Republican Roger Cusick. Soares intends to appeal the judge's decision.

In his decision, Herrick characterized the case as unwieldy, complex and riddled with problems in the manner in which it was presented to two separate grand juries since January 2007. In all, there have been four indictments against the Signature defendants, with many of the counts being dismissed earlier by the court.

He said prosecutors' instructions to the grand jury were "misleading" when the panel was not told that earlier charges had been thrown out.

Herrick did not address the merits of the criminal charges in his decision, which focused largely on how evidence and charges were presented to the grand juries that handed up the indictments.

"The court finds that the amorphous quality of the evolving indictments, coupled with the cursory and inadequate instructions in the fourth presentment have impaired the integrity of the Grand Jury proceedings to such a degree that dismissal is warranted," Herrick wrote.

Guilty pleas by more than a dozen doctors and individuals connected with wellness centers involved are not affected.

Albany Legislators Seek Pay Raise

Why would anyone want to increase the pay of the New York State legislators who continue to push the state into red ink? They aren't doing their jobs, and they repeatedly breach their fiduciary responsibilities to taxpayers by proffering new programs that drip in red ink and the state can ill afford still more budget increases.

The latest suggestion to raise legislative pay is to "reward" legislators with $1,000 per week for those members who do not obtain outside pay.

They say the governor, who has expressed reluctance about raising lawmakers' pay at a time when New York's finances are in disarray, would be more amenable if the money were conditioned on an agreement to abandon their private work, which has often been a source of conflict-of-interest concerns.

Under a bill introduced last year by Senator Martin Connor, a former minority leader who represents Brooklyn Heights and Lower Manhattan, and sponsored by 12 of his colleagues, lawmakers would have the option of serving as full-time members and receiving an additional allowance of $52,000 a year above their base salary of $79,500.

In exchange, they would agree to work 1,820 hours a year (or 35 hours a week) and forfeit outside sources of "active" income derived from any employment, professional practice, or consulting work.

There's no way that Shelly Silver would ever go along with this, given his lucrative ties to Weitz and Luxemberg. Given that any deal would have to get his approval, I think this not likely to happen.

However, if it does manage to get approved, what will this mean? Well, there are 150 members in the Assembly, so that's an additional $7.8 million spent annually on pay. The Senate, with its 62 members (1 per county), would cost an additional $3.2 million. That's $11 million and change for these legislators to give up their outside compensation.

It would also mean that the legislators would be in session year round, and that means the likelihood for mischief increases considerably. While it is true that it would lessen the conflict of interests between legislative duties and their outside job obligations, bumping salaries up to $131,500, not counting perks of offices, including monies for committee slots and leadership posts, and travel reimbursements (which can total tens of thousands of dollars per year for travel reimbursements alone) would push legislative compensation ahead of California for the highest in the nation (it's currently third, behind California and Michigan).

Sea Change In Albany

This has been a tumultous year in Albany. First Governor Eliot Spitzer became embroiled in a major sex scandal that resulted in his resignation. Next, Lieutenant Governor David Paterson became the first African American governor in New York history, in addition to being the first blind governor in the nation's history.

Throw in a little campaign finance chicanery and that would have been enough for Albany this year.

However, it appears that there's one more major change to the Albany political landscape.

Joe Bruno will be stepping down as the Senate majority leader at the end of his term in December. He will not seek reelection.

Bruno has been a fixture in New York politics since 1995, and was one of the three most powerful men in New York politics alongside the governor and New York State Assembly speaker. Those three men would craft the annual budgets, and dole out the member items. At a time when the state is predominantly Democrat, Bruno, a Republican from upstate, was able to maintain a majority in the Senate.

That majority is in serious doubt that Bruno is to depart from the scene and a power play may develop between two contenders for his job - Tom Libous from Binghamton, and Dean Skelos from Long Island. Other Republicans may also choose not to run for reelection, throwing the future of the party into doubt.

The Republican party in New York has had a tenuous history, and this throws the situation in to sharper focus. There simply isn't a newer generation of Republicans to replace those who are moving to the exits.

Pooped Out

After a broken pipeline cut off water to sinks and toilets at the state's Harriman Office Campus, Labor Department employees were alternately fuming and laughing at a short-lived plan to bus them to Crossgates Mall if they needed a bathroom break.

"They were telling us to take a bus to the bathroom," marveled Debbie Atwell, one of approximately 1,300 Labor Department employees who, after a restroom-free morning, were sent home at 12:30 Thursday afternoon.

The water crisis actually started shortly after 7 a.m., when early arrivals at the sprawling office campus realized the water main that feeds the campus had burst.

Soon after that, employees in buildings 8, 8a, and 4, which house the Department of Taxation and Finance and the Division of Military and Naval Affairs, were sent home.

But the massive Building 12 initially was hit with just lower water pressure, and repair workers thought they had the problem licked.

"We had the water restored at about 9:45," said Department of Labor spokesman Leo Rosales. "There was a rush to the bathroom that impacted the system," he added.

Others put it more graphically, noting some toilets either stopped working or started to back up.

So supervisors put out word that vans would ferry people the approximately two miles to Crossgates as well as other shopping spots and businesses for potty breaks.

No one actually used the toilet shuttle, however, although one van was about to leave when word came that Building 12 was also closing for the day at about 12:30 p.m. Buildings 7 and 22 had lower water pressure but didn't have to close.

Unionized employees of the Labor Department -- which among other functions ensures safe and sanitary workplaces for New Yorkers -- were not amused at the shuttle idea or that workers couldn't safely relieve themselves in-house.

"A number of the bathrooms overflowed," said Gary China, a representative of the Civil Service Employees Association (CSEA), which represents about 800 Building 12 workers.

China and another rep, Angelique Bywater, were dispatched by the union to see what was going on. Bywater questioned the wisdom of trying to send people to places like shopping malls or the nearby SEFCU credit union, which was identified as another possible backup bathroom.

"How was everybody going to walk into SEFCU's bathroom?" she asked.

Betty McLaughlin, vice president of CSEA's Local 67O, said she wonders if the problem wouldn't have been resolved sooner if the new Labor commissioner, M. Patricia Smith, spent more time in the building rather than in New York City.