To the Editor:

After Berne Highway Superintendent Randy Bashwinger recently misinformed residents about highway law in The Enterprise, I would like to correct his assertion that it is legal for anyone to randomly erect signs on a state right-of-way. I am providing here the 2019 emails “crafted” by the superintendent and now-Supervisor Dennis Palow on this subject for your perspective. 

In 2017, their illegal placement of 200 huge plywood election billboards blocked sight distance on the state highway and were illegally erected without permits or safety plans (a 2017 photo at senior center is posted with this letter on the Enterprise website).  

This is my Jan. 13, 2019 email to then-Supervisor Sean Lyons that inspired their crude, sophomoric responses:

Sean,

Attached are a couple images that illustrate the huge ground mounted GOP political signs that were erected in the fall of 2017.  It is my understanding that signs in this situation require a permit.  

I would like to nail down some information regarding the erection of these inordinately large signs and how they were apparently erected without permits. 

I would like to determine:

1.  If building and Zoning / Code Enforcement took any action

2.  Is B&Z / Code enforcement responsible to address such potential sign violations?

3. I understand that this is one of your signs and you were clearly aware of it. I would like to know who erected it there and the rationale behind this erection - particularly if there were no permit applications.  I would like to understand this situation so we can address this now before the next campaign season.   

Thank you

joel

Deputy Supervisor Palow’s Jan. 14, 2019 absurd and awkward response is the basis for one of his sham taxpayer funded “investigations” of me (for sexual harassment that time):

Joel,

I find your email the other day in regards to our campaign signs very disturbing and unprofessional as a Town Board Member/Elected Official on the words you chose to use. Also, as being part of the Republican Committee, I feel this is a sexual harassment comment on your part for using the words “erection/erected” in your email. I’m offended by Joels use of wording and I feel he has created an unsafe/uncomfortable/hostile work environment with the use of such words. I’m sure the Altamont Enterprise would like to see what you wrote in your email and the one last week stating that our residents are cheap and greedy for grabbing salt/sand at the highway department salt shed. Bill, is there something we can do about these words that Joel used against us in his email that were very unprofessional on his part. I looked up the words he used in the dictionary and I am not pleased with the definition that was given. Very disrespectful to Sean and I and everyone else who was part of putting up the campaign signs. I left the ladies out of this email because I don’t want them to be offended in such words Joel used in his email. 

Thank you Bill,

Dennis Palow

Imagine a grown man looking up the word “erection.” He asks the town attorney to defend the GOP?  His salt shed comment is nonsense.  I cited a range of motivations good to bad.

 I used the exact “erected/erection” terminology from the law Palow admits to violating! And then he initiates a sexual harassment investigation of me at your expense? Are these the actions of a rational and responsible representative? 

From NY Highway Law § 52:

An advertising sign, display or device … erected or maintained … shall be removed from the state right of way by the owner or the party responsible for its erection ….

But wait! There’s more!

Equally sophomoric is Superintendent Bashwinger’s crude response on Jan 25, 2019:

Sorry I don’t see any pictures . I made all the signs and I put them all out we had 200 wooden election signs and more being made for this year wait to you see these beautiful signs . So I don’t know which ones you are talking about. However they were a little smaller than the Santababra and your leader Kevin Crosier signs On rte 157a and all the hat wagons along with the wooden ones on Mr worchols property . Just to clear everything up so the finger doesn’t keep getting pointed. I put all signs up. Also wait til this year bigger and better. 

Your Berne Republican Chairman 

Your Berne Highway Superintendant 

Your BKW Board of Education Member 

Isn’t that an impressive composition? But none of the opposition’s signs were on the state right-of-way. The superintendent of highways continues to violate the law in 2025 after being made aware that he violated the law in 2017.

The posted photo proves he is responsible for the illegal “erection” of huge plywood election signs blocking highway sight distance. This was for his own personal enrichment in 2017. The Enterprise reports that he says he illegally “erected” Allen Roofing signs all over town on the state right of way in 2025, also illegal, and again for his personal enrichment. 

He illegally and dangerously blocked the highway sight distance at the senior center driveway and State Route 443! There is a reason this is illegal. It’s to protect the traveling public. Randomly placed signs are dangerous. 

He is quoted in The Enterprise saying:

With regard to Allen Roofing lawn signs along state roads, Bashwinger acknowledged putting the signs up but said, “They can go on the side of the roads, it’s not illegal to do that.” 

So he tells everyone that it’s legal to put signs on the state right of way?  This is from New York Highway Law §52:

Any person … violating this section shall be liable to a fine of not less than $25 nor more than $1000 for each day of violation ….

I wonder what would happen to someone who followed Bashwinger’s ridiculous published advice, and caused an accident?  Mr. Bashwinger is clearly another “preventable highway incident”  waiting to happen. 

Joel Willsey

East Berne

Editor’s note: “Bill,” in the second email, refers to Berne’s attorney at the time, William Conboy III.