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State ABO Slams Working Together!
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Brad Littlefield
December 22, 2011, 4:50pm Report to Moderator
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10. Neither the County nor the City should not assign municipal employees to work for public authorities during the municipal work day or provide additional compensation for this work without a determination from the Office of the State Comptroller.


Who are the municipal employees who performed work for the public authorities during the municipal work day?  Did they receive additional compensation for this work?  If so, will the money be repaid to either the economic development authority or the municipal government?

These are all questions that need to be answered.  Perhaps the local media can investigate and report their findings to the taxpaying residents of Schenectady County.
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Hamburg
December 22, 2011, 4:54pm Report to Moderator
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The very grievous and political Tommasone administration -- which has incidentally -- cocked everything up royally in Town -- DID illegally pay stipends and it is clear that outside of Mr. Santabarbara who did NOT accept pay -- that the former GOP members need to be sued and/imprisoned in order to get the funds BACK to the rightful owners --- the Taxpayers.


"We have to talk about liberating minds as well as liberating society."
---Angela Davis



"When you put a tiny and despised minority up for a popular vote, the minority usually loses."

---Andrew Sullivan




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Shadow
December 22, 2011, 4:56pm Report to Moderator
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I guess the state is finally getting around to investigating some of the complaints that we filed with them.
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Brad Littlefield
December 22, 2011, 4:57pm Report to Moderator
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I agree with you Hamburg (Ron) that whoever received the stipends should repay the money received. But, again, I ask, who determined that the payments were legal and who approved the disbursement of the funds?
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Brad Littlefield
December 22, 2011, 5:00pm Report to Moderator
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I guess the state is finally getting around to investigating some of the complaints that we filed with them.


Yes, shadow, it appears that way.  Continue to support the cause of ensuring that the taxpayer funds are being properly
expended and that all those who serve are acting in accordance with defined law.
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Hamburg
December 22, 2011, 5:03pm Report to Moderator
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Brad Littlefield should look at his OWN GOP?Naybbob House to find the culprits..


"We have to talk about liberating minds as well as liberating society."
---Angela Davis



"When you put a tiny and despised minority up for a popular vote, the minority usually loses."

---Andrew Sullivan




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Brad Littlefield
December 22, 2011, 5:03pm Report to Moderator
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Quoted from DVOR:  
Actually the criticism is having 7 DIFFERENT entitites -- it is NOT criticizing "working together"


Correct, the ABO is criticizing those who serve in the 7 economic development agencies for FAILING TO "work together", I agree with the ABO that there is no need for 7 distinct and different agencies, each with their own (sometimes redundant) charters to exist.
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Brad Littlefield
December 22, 2011, 5:10pm Report to Moderator
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Quoted from hamburg (Ron):
Brad Littlefield should look at his OWN GOP?Naybbob House to find the culprits..


I am not a Republican.  And, rest assured that I am watching the actions of those who serve in
government from all political parties.  

I am displeased with many in Saratoga County town and county government who recently publicly
supported an increase to the sales tax rate before deciding, upon receiving no support from my
NYS representatives for the change in sales tax rate, to increase local property taxes.  There was
no effort to identify potential areas for cost savings.

Decisions and actions have consequences ...
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senders
December 22, 2011, 5:13pm Report to Moderator
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and most of them haven't filed their reports since 2008......interesting very very interesting.....



Public Authority Financing

The 1938 Constitution "expressly empowered public authorities to contract debt independently of the State". [7] Because of this, the Court of Appeals has repeatedly affirmed that public authorities are distinct from the state and that the state carries no moral obligation to repay their debts. Although the Constitution prohibits the state from lending its credit to public authorities, it does allow the state to make gifts of money to authorities. As a practical result, this has resulted in some authorities receiving annual funding from the state on a consistent basis. Despite the fairly obvious moral obligation that the state carries to continue funding these authorities, which provide incredibly important public services such as road maintenance and transit operations, the Court of Appeals has continued to approve the fiction created by the Constitution's ban on moral obligation debt. As the Court of Appeals stated in Schulz v. State, 84 N.Y.2d 231 (1994), if "modern ingenuity, even gimmickry, have in fact stretched the words of the Constitution beyond the point of prudence, that plea for reform in State borrowing practices and policy is appropriately directed to the public arena".[1] See also Wein v. State, 39 N.Y.2d 136 (1976); Wein v. Levitt, 42 N.Y.2d 300 (1977).

Financing public projects through public authorities is also attractive because their independent corporate structure theoretically makes them more flexible and efficient than state agencies. Many restrictions placed on state agencies do not apply to public authorities, including, for example, general public bidding requirements (some public bidding requirements do apply under the Public Authorities Law). See Plumbing, Heating, Piping & Air Conditioning Contr. a**'n v. N.Y.S. Thruway Auth., 5 N.Y.2d 420 (1959). Most public authorities may also make contracts, and because of public authorities' corporate status, there is generally, no remedy against the state for the breach of such contracts. John Grace & Co. v. State University Constr. Fund, 44 N.Y.2d 84 (197. Many public authorities, such as Industrial Development Agencies and the Empire State Development Corporation, can also condemn property.

The New York State Public Authorities Control Board was created in 1976 to provide oversight for some of the state's most powerful authorities.[2] Sections 50 and 51 of the Public Authorities Law currently require 11 authorities to receive approval from the PACB prior to entering into contracts for project-related financing. There are five members on the PACB board, all of whom are appointed by the governor and serve year-long terms.[3]

Public authorities are currently responsible for more than 90% of the state's debt and 80% of the state's infrastructure, leading some to refer to them as the "shadow government."[8]


...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......

The replacement of morality and conscience with law produces a deadly paradox.


STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS

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senders
December 22, 2011, 5:16pm Report to Moderator
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EXECUTIVE ORDER
NO 32: Establishing the Governor’s Task Force on the Implementation of the 2009 Public Authorities Reform Act
WHEREAS, public authorities fulfill an essential function in New York State (“State”) by providing capital improvements that benefit the public;
WHEREAS, the State relies extensively on such authorities in areas such as transportation, education, economic development, health care, energy, housing and the environment;
WHEREAS, it is critical, in light of such heavy reliance, that all authorities meet the highest standards of professionalism, accountability and integrity;
WHEREAS, a number of significant reforms, innovations and improvements since 1995 have increased the accountability and openness of state government and public authorities;
WHEREAS, building on previous efforts to reform public authorities, including those of Ira Millstein and the New York State Commission on Public Authority Reform, I worked this year with the Legislature to enact legislation that further improves the way public authorities conduct business in the State;
WHEREAS, chapter 506 of the laws of 2009 (“2009 Public Authorities Reform Act”) contains provisions of law that will significantly improve the oversight of such public authorities and provide more effective regulation of their operations;
WHEREAS, the implementation of such provisions presents issues related to the administration of the new independent Authorities Budget Office (“ABO”) and its coordination and relationship with other agencies; the management by the ABO of the ABO’s additional powers and responsibilities; the reporting requirements, duties and governance of public authorities; and the development of appropriate policies, procedures and regulations by the ABO to effectuate the foregoing; and
WHEREAS, the implementation of such provisions would be informed and complemented by the expertise of a group of individuals knowledgeable in the field of corporate governance and other relevant disciplines, thereby ensuring that the salutary purposes of the 2009 Public Authorities Reform are fully realized;
NOW, THEREFORE, I, DAVID A. PATERSON, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:
1.
There is hereby established the Governor’s Task Force on the Implementation of the 2009 Public Authorities Reform Act (“Task Force”), which shall consist of 7 members appointed by the Governor, including: (i) Ira Millstein, who shall be Chair of the Task Force; (ii) one member who shall be appointed upon the recommendation of the Temporary President of the Senate; (iii) one member who shall be appointed upon the recommendation of the Speaker of the Assembly; and (iv) one member who shall be appointed upon the recommendation of the Comptroller. The members of the Task Force shall have experience and expertise in any one or more of the following areas: corporate governance, public authorities, public administration, management, finance or other relevant disciplines.
2.
The Task Force shall be appointed and constituted by January 15, 2010.
3.
The Task Force shall identify and examine all matters that it deems relevant to the implementation of the 2009 Public Authorities Reform Act.
4.
The Task Force shall provide policy guidance and make recommendations it deems appropriate concerning the implementation of the 2009 Public Authorities Reform Act, and, without limitation:
a.
the parameters and scope of the fiduciary duty applicable to board members of public authorities; and
b.
the maximization of available physical State resources to complement the administration of the ABO and the definition of the ABO’s role and independence within the Department of State.
5.
No member of the Task Force shall be disqualified from holding any public office or employment, nor shall he or she forfeit any such office or employment by virtue of his or her appointment hereunder. The members of the Task Force shall receive no compensation for their services, but they shall be allowed their actual and necessary expenses incurred in the performance of their duties pursuant to this Order.
6.
A majority of the appointed members on the Task Force shall constitute a quorum. The Task Force may meet in person or by telephone or by using other communication technologies and may hold meetings to discuss issues even in the absence of a quorum; provided, however, that all recommendations of the Task Force shall require approval of a majority of its members. The Task Force shall meet as often as is necessary and under circumstances as are appropriate to fulfilling its purposes under this Order.
7.
Staff support for the Task Force shall be provided upon the Task Force’s request by the Division of Budget, the Department of State, the Office for Technology, and the Executive Chamber.
8.
The Task Force shall render its findings and recommendations no later than August 15, 2010 and shall thereafter cease to exist, unless specifically extended by the Governor.
David A. Paterson Governor
Lawrence Schwartz Secretary to the Governor


...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......

The replacement of morality and conscience with law produces a deadly paradox.


STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS

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senders
December 22, 2011, 5:18pm Report to Moderator
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Executive Summary
Purpose and
Authority: The Authorities Budget Office (ABO) is authorized by Title 2 of the Public Authorities Law to review and analyze the operations, practices and reports of public authorities, to assess compliance with various provisions of Public Authorities Law and other relevant State statutes, and to make recommendations concerning the reformation and structure of public authorities. This includes rendering conclusions and opinions regarding the performance of public authorities and assisting these authorities improve management practices and the procedures by which their activities and financial practices are disclosed to the public. Our operational review of the economic development public authorities of Schenectady County was performed between May and November of 2011 and was conducted in accordance with our statutory authority and compliance review protocols which are based on generally accepted professional standards. The purpose of our review was to evaluate the overall effectiveness of the approach taken for economic development in the county and to assess the need for seven authorities to implement this approach. The report also makes recommendations to improve the operating practices of the authorities.
Background
Information: In addition to the Schenectady County Department of Economic Development and Planning, and the City of Schenectady Department of Development, seven local authorities have been created for economic development purposes in the county. These seven local authorities are: Schenectady County Metroplex Development Authority (Metroplex), Schenectady County Industrial Development Agency (County IDA), City of Schenectady Industrial Development Agency (City IDA), Town of Rotterdam Industrial Development Agency (Rotterdam IDA), Schenectady Local Development Corporation (SLDC), Schenectady County Community Business Center (CBC), and Schenectady County Capital Resource Corporation (CRC).
Metroplex is the most significant of the seven authorities involved in the economic development process in the County. The IDAs and other entities, although overseen by independent boards, play a subordinate role to Metroplex. Each IDA has contracts that result in Metroplex administering and managing its operations and Metroplex also provides funding to the other authorities.
ES-2
Results: Our review found that the mission of all seven local authorities is similar: to create jobs and spur economic development, increase property values and expand the local tax base, and increase sales tax revenues. To accomplish their missions, the authorities provide a variety of financial assistance that includes issuing tax exempt debt and providing exemptions from mortgage and sales taxes, property tax abatements, grants, and loans. However, no one local authority can provide all forms of assistance. Based on a review of unemployment, sales tax, and property value data for the County, it appears that the authorities are relatively successful in accomplishing their missions, although employment results are not as positive.
We conclude that these accomplishments are not a result of the structure in place. Instead, we believe that the residents of Schenectady County could be equally and more cost-effectively served by fewer authorities, since multiple authorities currently provide similar financial assistance to projects. In addition, the Rotterdam IDA no longer has outstanding bonds, and therefore has ceased to exist under Section 882 of General Municipal Law. We are concerned that board members, Town of Rotterdam officials, and any businesses receiving financial assistance from Rotterdam IDA are at risk for actions taken subsequent to 2009.
Although authority officials described the existing seven authority structure as a unified economic development team, we found such a claim to be overstated. The seven authorities do not share a common application for financial assistance, and relevant information is not shared among all of the authorities involved in a project. The coordination that does take place occurs because Metroplex administers the IDAs and CRC and its staff are involved with all economic development projects. We also found that there is no comprehensive economic development plan in place that is annually reviewed and updated, and that Metroplex has not developed a five-year capital projects plan, as required by its enabling legislation.
We identified instances where the involvement of multiple authorities has led to the inefficient allocation of resources. For example, over $600,000 of economic development funds have been provided to the CBC since 2003 for the CBC to meet its operating costs although the CBC no longer fulfills its original purpose. In another instance, over $25,000 is paid annually to municipal and authority staff, in addition to their full time salaries, to provide administrative and operational services to
ES-3
the various economic development authorities. These services are generally provided during the individuals normal work day.
We also are concerned that IDAs may be providing inappropriate types of financial assistance, since it appears that the IDAs have awarded economic development grants. The types of financial assistance that IDAs are authorized to provide are enumerated in General Municipal Law, and the provision of grants is not included.
Lastly, we noted that records and information maintained by the various authorities are incomplete and poorly managed. As a result, we were unable to accurately determine the number and amount of loans provided by the SLDC, and identified other instances where records contained inaccurate data. In addition, reports required to be filed pursuant to Public Authorities Law are not submitted timely and often contain inaccurate information.
.





http://www.abo.state.ny.us/rep.....pmentFinalReport.pdf


...you are a product of your environment, your environment is a product of your priorities, your priorities are a product of you......

The replacement of morality and conscience with law produces a deadly paradox.


STOP BEING GOOD DEMOCRATS---STOP BEING GOOD REPUBLICANS--START BEING GOOD AMERICANS

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bumblethru
December 22, 2011, 6:40pm Report to Moderator
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FINALLY....they are responding to all of the complaints! Now let's hope something is done about this corrupt ponzi scheme!!


When the INSANE are running the ASYLUM
In individuals, insanity is rare; but in groups, parties, nations and epochs, it is the rule. -- Friedrich Nietzsche


“How fortunate for those in power that people never think.”
Adolph Hitler
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DemocraticVoiceOfReason
December 22, 2011, 6:55pm Report to Moderator

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Correct, the ABO is criticizing those who serve in the 7 economic development agencies for FAILING TO "work together", I agree with the ABO that there is no need for 7 distinct and different agencies, each with their own (sometimes redundant) charters to exist.


So the  WORKING TOGETHER - WORKS idea was NOT slammed by the State ABO -- the FACT is that the State ABO is slamming the 7 agencies for NOT working together.   And that has been my argument - and the argument of all those who sincerely believe that WORKING TOGETHER WORKS is more than just an election year slogan -
My two goals for 2012 --  #1) we need more REAL working together  and  #2) we need to start ACTUALLY consolidating as many of the agencies, boards, taxing districts, etc. as possible within Schenectady County


George Amedore & Christian Klueg for NYS Senate 2016
Pete Vroman for State Assembly 2016[/size][/color]

"For this is what America is all about. It is the uncrossed desert and the unclimbed ridge. It is the star that is not reached and the harvest that is sleeping in the unplowed ground."
Lyndon Baines Johnson
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Shadow
December 22, 2011, 6:56pm Report to Moderator
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Schenectady needed the 7 economic development agencies so that they could spend the taxpayers money 7 times faster.
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benny salami
December 22, 2011, 7:07pm Report to Moderator
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The DEM working together liars made a central plank the alleged new unified County economic team. This was repeated endlessly by Gary Hughes and SS Savage. They are not working together with 7 SEPARATE agencies. They were not unified. There is no comprehensive development plan. Money was misappropriated. The veil was lifted by the State.
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