A deliberate distraction from willful negligence

To the Editor:

My experience should benefit the town but there is no one serious and objective there to work with.

Last week, I submitted a letter and PowerPoint to document another example of the negligence and maladministration that threatens the safety of the traveling public, employees, and residents. In this case, the subject is guide-rail safety.  

I provided documentation of specific issues to the town in 2018 and put the town on notice last week that the dangerous conditions still exist today and need to be addressed.

Mr. [Highway Superintendent Randy] Bashwinger’s irresponsible email reply that he copied to the press is pasted in at the end of this letter. He very artfully articulates his very low level of concern for the safety of the traveling public. He makes it clear that safety is the furthest thing from his mind. Kevin Crosier’s ass takes precedence over any mention of safety? Kevin Crosier has not even been part of this discussion.  

When someone is impaled at one of the defective guide-rail terminations or flipped on their roof into Woodstock Lake by the defective and unmaintained rail there, I predict the victim will be blamed. This is what happened with the Bridge Road incident and the fatal incident at the highway garage. The victims are blamed. They made the “mistake.” 

But I have documented the noncompliance with mandated safety standards that resulted in the Bridge Road incident and PESH [Public Employee Safety and Health] has documented numerous workplace safety violations directly related to the fatal highway garage incident.

I have now documented that serious safety issues with specific guide-rail systems were brought to the attention of the town and the superintendent in 2018 and since ignored. Someone could be seriously injured or killed striking these dangerous guide-rail systems. Will the victim again be blamed?

I provided a PowerPoint presentation in 2018 of the very same examples of dangerous, poorly designed, and unmaintained guide-rail systems at specific locations that still exist today. The photos are date- and time-stamped and are GPS-located. These photos clearly document specific problems and where they existed in 2018 (and earlier). 

The photos illustrate each following year and show no change (except further degradation) through May 2021. The superintendent, the supervisor, the deputy supervisor, (then the “highway liaison”), and the town clerk were all made aware of these specific deficiencies at these specific locations in 2018 when I proposed corrective action.   

Every effort was made to rationally discuss my concerns in an open meeting in 2018, my first year on the board. I suggested the services of a licensed professional engineer to provide an independent and objective opinion of the guide-rail condition, design deficiencies, and needs.

He or she could identify the problems, prioritize them, and make recommendations to correct each situation. I did not not present this as an emergency, but as a priority. If taken seriously then, some of the more hazardous issues would be corrected by now.  Correction of these dangerous features would take time.

This is another case where the highway liaison, Mr. [Deputy Supervisor Dennis] Palow, was to approach the Cornell Local Roads Program and arrange free evaluation of the guide-rail issues. There was no follow through — there is no record of any such correspondence I am aware of.

With engineering services come liability. Engineering services are not free.

Think about Mr. Bashwinger’s absurd email response to the guide-rail issues below:   

“It’s funny how these tails are a issue now how long ago do you think these rails were put in ??  Some of them don’t even belong where they are.”

It’s not at all funny. And I have been advocating for correction of these issues for many years. This is very well documented. The rails have indeed been there a long time (they have not been maintained, and some are dangerously in the wrong locations).

He makes my point! This illustrates an irrational, dangerous, and seriously flawed thought process.

This is a serious issue, but this email is ridiculous nonsense:

 “Maybe you could do the job since you don’t do your job as a board member. I have done a great job we have cleaned up a lot around the transfer station and if you actually did your job you would find out that almost all of the Highway Superintendents take care of the transfer stations.

“Also in the past administration they have taken hours from the Highway to maintain the transfer station. that is because the Highway Superintendent does the job anyway. But you wouldn’t know that because you never check into stuff unless it is to attack the highway or myself.

“Maybe if you came out of the bushes more often instead of hiding and and taking pictures and writing your crap every week and actually came down to the highway you would find out what was going on instead of burying your head in Kevin crosiers ass.

“As far as the rails go we do what we can with what we have. You wouldn’t know that because your resume says you are the rail king. It’s funny how these tails are a issue now how long ago do you think these rails were put in ??  Some of them don’t even belong where they are.

“But you as a expert should know that. Maybe you could use your expertise and write a rail book for the world or go work for the Altamont Democratic Enquirer.

Randy Bashwingerville

Highway Superintendent

Berne GOP

Albany County GOP

Berne Knox School Board

“I just figured I would mention them before you did joel. You are as mature as a 3 yr old. Grow up and do your job as a board member. Have a great day.”

The email response above is another disservice to the taxpayer and a deliberate distraction from willful negligence. He is representing the school board in a guide-rail safety issue. Did anyone on that board review this?

Joel Willsey

Berne Town Board

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