Due April 1- 105 Days Late -NYS Incapable of Creating a Budget

Incapable - Lacking the necessary ability, capacity, or power.  105 days late and our elected officials in New York State Government have been incapable of reaching an agreement on a state budget.  For 105 days we have been hearing rhetoric as to who is at fault.  For 105 days we have listened to “not my fault” blame the Governor, blame the Senate blame the Assembly, blame the Democrats or blame the Republicans blame the schools, the unions, business, blame the public for expecting too much or blame the system…. Don’t the people of New York deserve better?  111 days until election 2010 how will you voice your displeasure? 

 Patricia Biancaniello

About Gary Berntsen

Gary Berntsen, a retired decorated CIA Officer, is a candidate for the U.S. Senate in New York. He was born in Bethpage and raised in Smithtown, New York.

Gary is married to Estela and the father of three. His son is an Army Officer serving in an Airborne Unit in Afghanistan. His oldest daughter served as a Naval Intelligence Officer in the Pacific and Persian Gulf.

Gary is a life-long Republican, committed to: reigning in the out-of-control spending habits of Washington; implementing national security and foreign policy approaches that are in the best interest of America, rather than the current approach of apology and appeasement; and preserving small business and the jobs they provide. In 2008, Gary served as the New York Veterans Coalition Chairman for the Presidential Campaign of Senator John McCain. He has committed his life to public service.

Gary served four years in the United States Air Force as a Crash Firefighter and achieved the rank of Sergeant. He then served 23 years in the Central Intelligence Agency 's Clandestine Service, and served on three separate occasions as a CIA Station Chief.

He is best known for having led the CIA 's paramilitary forces in eastern Afghanistan against Osama bin Laden and al Qaeda in response to the September 11, 2001 attack.  In Afghanistan he led the capture of Kabul and was the architect of the battle of Tora Bora. Gary led CIA teams in East Africa after the August 1998 bombings of the U.S. Embassies in Nairobi, Kenya and Dar 'es Salaam, Tanzania. In the late 1990 's he was the Chief of Hezbollah Operations in CIA 's Counterterrorism Center.  From 2002 to 2005 he managed major Counternarcotics Programs in Latin America. Gary is one of CIA 's most highly decorated officers having received CIA 's Distinguished Intelligence Medal and CIA 's Intelligence Star. He retired from CIA in 2005.

Gary is the author of the New York Times bestseller Jawbreaker: the Attack on Bin Laden and al Qaeda; a novel, The Walk-In, and a policy book entitled Human Intelligence Counterterrorism and National Leadership. He is a renowned expert on national security and counterterrorism, having done over 200 television and radio interviews.  He frequently appears as a national security expert on Fox News and CNN.  In 2007-2008, Gary returned to Afghanistan for a year as civilian advisor to the 173rd Airborne Brigade Combat Team (ABCT) and worked against militant Improvised Explosive Device (IED) Networks.  Since 2008, Gary has worked as both a lecturer and a defense consultant.

Gary serves as president of The Berntsen Group which offers timely, accurate and reliable investigative and security services to clients across the globe. The firm 's U.S. staff consists of highly trained former senior American intelligence and federal law enforcement personnel. Former foreign law enforcement, military officers and justice ministry personnel augment their services in offshore operations.

In his private life, Gary has served as a school board member and a Boy Scout leader. He is a member of the Veterans of Foreign Wars.

Gary is a graduate of the University of New Mexico with a B.S. in Political Science and a minor in Russian Studies. He speaks Farsi and Spanish.

The End is Near

 Smithtown - On Thursday, Congressman Tim Bishop and Smithtown Supervisor Patrick Vecchio observed the final phase of a long-awaited project to reconstruct Maple Avenue.  Congressman Bishop helped secure approximately $2.5 million in federal funds for the project, which was one of the first he discussed with Supervisor Vecchio upon taking office. 

The Maple Avenue reconstruction began in June, with paving currently taking place, and is scheduled to be complete in approximately 4-6 weeks.  The project has several components.  In addition to repaving over 1 mile of surface, the project also includes improving drainage, replacing corroded pipes, new sidewalks and curbs and measures to protect Miller’s Pond from road runoff, according to Mitchell Crowley, Director, Smithtown Traffic Safety Department.

“This project has been a long time in coming and without Congressman Bishop’s help, it would still be stuck in the bureaucracy,” Supervisor Vecchio said.  “I’m grateful as is the Town Board for the Congressman’s work to obtain funds to reconstruct Maple Avenue.”

 At the request of the Town, Congressman Bishop stepped in at various points with the Federal Highway Administration and the New York State Department of Transportation when some of the funds were held up by red tape.  Congressman Bishop and Supervisor Vecchio first discussed the need to reconstruct Maple Avenue shortly after Bishop took office.  Congressman Bishop was able to secure funding for the project in the SAFETEA-LU transportation bill.

 PHOTO CAPTION: Mitchell Crowley, Director, Smithtown Traffic Safety Department discusses road resurfacing with Supervisor Pat Vecchio (center) and Congressman Tim Bishop on Maple Avenue in Smithtown.

Update on Saturday, July 10, 2010 at 10:56AM by .

(This is a reprint)

By Erica Jackson

Anyone who has attempted to drive down Maple Avenue in Smithtown recently, realized very quickly to avoid the road in the future:  The Town of Smithtown is in the process of not only resurfacing the street, but adding new crosswalks and sidewalks.  When complete, the thoroughfare will be revitalized with one glitch — the new sidewalks will feature oak trees and telephone poles smack in the middle of them.

“What mindless, middling, mid-management level bureaucratic planner decided to preserve the old, outdated, rotting wood telephone poles and maintain them smack-dab in the middle of the brand spanking new, masterfully graded and expertly installed sidewalks?” asked Kings Park resident and Democratic candidate for state assembly Richard Macellaro in a letter to SmithtownMatters.com. 

“These newly installed sidewalks are impassable and where necessary, must be ripped-up, redone and replaced. What a waste of scarce government resources while causing further and unexpected delays to the project’s overdue completion.”

To respond, Mitchell Crowley, director of traffic safety for the Town of Smithtown said, “It was something that we couldn’t avoid. It just wasn’t feasible to wait for the utility companies to relocate the poles.”  And “yes,” he said, “it doesn’t look the best,” but he said, “there will be sufficient access around the poles.”
That includes he said, the poles that have tether’s attached.  Those tie-downs, he said will be removed before the project is complete.  However, the poles will have to stay put for a while.  As will the numerous, large oak trees that line Maple Avenue.“The existing road has some unfortunate features that we can’t straighten out.  The oak trees are not in our budget to rip out and plant new ones. But, it will be easy to walk around them.”

Crowley noted that the sidewalks will be in line with American Disabilities Act guidelines which, according to Glen Donnelly, education coordinator for Suffolk County Handicapped Services, require a 36 inch clearance for wheel-chairs and scooters.  If there isn’t sufficient access, Donnelly said the sidewalks will have to be adjusted.

This all isn’t to say, said Councilman Ed Wehrheim, that the poles can’t be moved in the near future. He said, “The way the project was designed there were a couple issues with the utility poles. Rather than hold up the work, we decided to go around the poles. It is not a huge problem or expense to repair the sidewalk once the poles are moved.”
According to Crowley, the town contacted Verizon and the Long Island Power Authority, asking them to relocate their poles, but he said due to the companies’ time constraints, the poles would not be able to be moved in time for the commencement of Maple project.
LIPA, however, says it has determined after an inspection this week, that none of the poles belong to them.  Verizon representatives did not return phone calls as of press time. 

The $2 million Maple Avenue Project was made possible via a $1.2 Million grant from the Federal Highway Administration(FHWA) several years ago. Those funds were threatened to be taken away in 2008, unless the town got the project underway. At the time, Congressman Tim Bishop and Suffolk County Legislator John Kennedy worked with the FHWA to dissuade the agency from re-appropriating the monies.

Kennedy confirmed that there are strict time constraints when it comes to using the federal funding, but he said he was disappointed to learn that the poles were not able to be moved in time. He said, “I don’t understand why they [the town] did what they did. I am mystified.”
Kennedy said he plans to contact the town and find what happened.  “As I have with many other types of ventures, I will be happy to assist and work with the town to make this project beneficial and safe.”
Congressman Bishop did not return calls as of press time.

Once the funding was safe, Crowley said plans were drawn up and the town hired J. Anthony Enterprises of Bohemia via request for proposal process to expedite the project.  Rendered in the project plans are drainage upgrades; a drainage structure at Miller’s Pond to treat water before it enters the waterway; new concrete sidewalks; the repaving and re-grading of Maple Avenue; decorative crosswalks at Millers Pond; driveway aprons for all driveways on Maple Avenue, and curb repair.

The town has also, said Crowley, applied for additional grant monies to help ease the remaining 20 percent of the bill that the town must foot. He said the town is expected to receive at least 15 percent of the town’s share though a state Marchaselli grant.  The town is also working with the Suffolk County to “dress-up” Millers Pond, which it owns, with a concrete apron and some gravel so it looks “aesthetically better.”

Looking on the bright side,” Maple Avenue resident Helen Ammann said. “I appreciate that this is going to be nice and new when it is finished.” 

Phase II of Flooding Plan to Commence this Month

By Erica Jackson

Due to the rising water table, nearly 500 Smithtown home basements were damaged by water this past year. The problem, say officials, is worse than ever before.  That’s why they have taken action to remedy the problem.

Later this month, the Town of Smithtown is set to commence Phase II of a three, possibly four part strategy to lower the local water table by dredging the Nissequogue River.

“This is not going to solve everybody’s basement from flooding,” said Ted Sanford, head of the Town of Smithtown’s engineering department, “but it will decrease the severity and frequency.” He continued, “There still will be some people that will have to pump.”

According to Sanford, basement flooding has long been a problem for numerous residents, but the problem worsened this past winter and spring after Mother Nature whipped up four storms dumping 16 inches of rain and 3 inches of snow melt. That equated to much more H2O than the water table can handle.  The result: major flooding.

After receiving complaints from residents, Federal officials, as well as those from the town, county and state banned together to find funding to lower the water table by dredging four hundred linear feet of the Nissequogue River.

“We want to lower the river by 15 inches, which will bring the river back to the level it was in the 1950s,” said Sanford. 

To accomplish that, he said, 50 years of accumulated sentiment needs to be removed.  

To put that amount into perspective, Sanford said when complete, over 1,000 cubic yards of silt will have been removed. That’s enough sediment to fill more than 50 roll-off trucks.

To date, Sanford said the town, via hired contracting company, Terry Materials and Contracting of Riverhead, has already completed Phase I of the project. That portion of the project included the dredging of 1,200 linear feet of the river as it runs north of Route 347. The cost: $317,000.  

Phase II, however, said Sanford is expected to cost nearly a half-a-million dollars as it will include the dredging of 2,800 feet of the river as it runs south of Route 347.

To fund Phase I and II of the project, Sanford said the town has applied and is expected to receive for funding via Suffolk County’s water protection program.  Funding for that program is realized though the county’s 1/4 percent tax.

The program, explained Sanford funds projects that will improve water quality, which Sanford said the Nissequogue River dredging will do. He said, “by removing the silt we are lowering the water table so cesspools function.”  Also, he said, “We are also restoring the aquatic habitat of the river.”

It is expected, said Sanford, that work will begin on Phase II sometime after July 15 and be completed by a Department of Environmental Conservation deadline of October 1.  However, before work can commence, the town first needs to obtain a Department of Environmental Conservation permit to do the work.

That permit will be forthcoming, said Aphrodite Montalvo, spokeswoman for the DEC.  “We don’t anticipate there will be any problems with the permit,” she said.

Since dredging alone will not settle the entire flooding issue, Phase III will tackle the drainage piping that goes into the stream.  Using a $1.5 million matching grant obtained by Congressman Tim Bishop, town highway department workers will install a new piping system.   The current piping system, said Sanford was put in place in the 1960s and has long since rotted.  

“The money will go a lot further, if we use our own labor,” said Sanford, who noted that the town’s matching portion of the grant will be about $300,000.

Phase III will be designed this winter, and installed sometime in 2011, said Sanford.

In the meantime, the town is looking into obtaining Federal Emergency Management Agency (FEMA) funding to help homeowners fill-in their basements in severe flooding cases.  Currently, homeowners have access to small business administration loans, however, they would need to qualify and many do not.  

Additionally, the town’s assessor’s office is offering tax deductions to residents who can no longer utilize their basements due to flooding.  Sanford said, residents can file with the assessor's office though a tax grievance process.

To do its part, the county is looking to dredge Miller’s Pond on Maple Avenue, which will also help in lowering the water table.  

According to Legislator John Kennedy of Smithtown, who has been at the forefront of the issue, holding informational meetings for concerned residents, the county is exploring funding options for the project.  

While Millers Pond is a 110-year-old man-made body of water, Legislator Kennedy said it is part of the Nissequogue Waterway, which is the only river on Long Island that flows in a northerly direction.  

“We can’t say we will ever eliminate the flooding problem,” said Kennedy, but if we do routine maintenance, we will substantially improve the flooding and our ground water quality.”

Levy - Financial Disclosure Filing

Hauppauge, NY – A second leading state ethics authority today has concurred that Suffolk Executive Steve Levy satisfied the county’s local financial disclosure filing requirements by filing the New York State disclosure form – a form he is required by state law to file as a member of the Pine Barrens Commission.

According to Bruce Ginsberg, Executive Director and General Counsel of the New York State Public Integrity Commission:

Both General Municipal Law §§811((1)(b) and 812(1)(f) permit a local government official who is required by Public Officers Law §73-a to file an annual statement of financial disclosure with the Commission on Public Integrity  to satisfy a financial disclosure requirement imposed by a local government by timely filing the State financial disclosure form with the Commission and submitting a copy to the appropriate local government entity. 

Ginsberg echoed the opinion of Mark Davies, who served as Executive Director of the Temporary New York State Commission on Local Government Ethics at the time Suffolk adopted its local code that the county executive need only file a copy of his New York State financial disclosure report with the Suffolk County Board of Ethics. Levy is required by state law to file the state form as a sitting member of the Pine Barrens Commission, a state agency.