OCT 05 NEWSLETTER
	*TOWN AUDIT* The audit of Town’s purchasing practices is finally complete. Nearly all of the findings have been corrected including voucher audit, approval and payment procedures, state & local procurement policy compliance and mistakes in the amounts of some IRS Forms 1099s. The major discrepancy was the existence of a conflict of interest involving the contracting of road equipment actually owned by the Highway Superintendent who also initiated and verified the payment vouchers when that equipment was used by the Town. While the conflict of interest was a non-compliance with Sect. 18 of NYS General Municipal Law(GML), the Town Board had during the entire period in question, a Highway Committee of 2 highly knowledgeable and experienced members who daily monitored Berkshire’s road building and repair activities. This Committee verified monthly vouchers when contracted equipment bills were submitted to the Town Board for payment approval. The situation has been corrected. In 2004, a different contractor was awarded the low bid and in 2005 leased equipment was used as needed in lieu of any single contractor. The Highway Superintendent and all Board members have been made fully aware of all details of Section 18 of GML. Detailed examination of involved records by the NYS auditors and members of the Town Board did not determine a single instance where any theft, fraud, purposely incorrect billing or misuse involving the contracted equipment cost Berkshire taxpayers any money. The auditors indicated that records clearly showed that services were received for the monies expended. In fact further research by members of the Board definitively indicated that the dollar amount paid for contracted equipment, per mile of road improved, during the years in question were significantly less than that charged by previous contractors. While the lengthy audit was sometimes painful, it was a tremendous learning process for Town officials. *HIGHWAY NEWS* Berkshire has purchased a new 10 wheel dump truck and snowplow/sander. We expect delivery in November. The Board also agreed to purchase a used Gradall to replace the badly worn 1974 model. The newer machine, purchased at a very good price, is much larger than the previous one and comes with an excavator bucket which will preclude expensive excavator rentals in the future. We have project approvals from FEMA of $62,000 for the April 2005 flooding. However we have only received $4500. to date and are hoping that the funds do not get diverted to the hurricane damaged areas at our expense. Everything is just about in place to begin rebuilding the bridge on Letter “S” Rd. We hope to be selecting vendors for the materials this week. Our Highway crew will do the work, resulting in considerable savings. *Berkshire Community Hall* New Lease on Life After months of planning the Berkshire Fire Commissioners signed a lease agreement with the Berkshire Community Association (BCA) on the evening of September 28th. This agreement provides a fifteen-year lease of the Berkshire Community Hall and paves the way toward restoring the 1932 building to its former grandeur. The BCA is a NYS registered not-for-profit organization with IRS 501c(3) tax exempt status whose primary goal is to restore Community Hall for use and enjoyment by the entire community. Members are needed to serve on the board for 2006 and friends of the board are needed to help with grant writing, project planning, fund raising and more. This is going to be an exciting project much as it was when the community rallied together in 1931 to build Community Hall. Your support is needed for this effort! If you would like to become involved with an exciting project please call Paul Kunik at 657-8097. New officers, directors and friends of the board of the BCA will be elected October 19, 2005 at 7 pm in the Berkshire Town Hall, 18 Railroad Avenue. Everyone is welcome to attend. *TOWN NOTES* Berkshire’s Assessor, Christina Raison has a new phone number – 607 271 4350. After a brief maternity leave (during which she still conducted business from her home) she will once again be in Berkshire at the Town Hall on the first Tuesday of each month from 6 to 7pm. Town Justice, Charles Brundza now holds his regularly scheduled court on the first and third Monday of each month at 7pm. *HELP AMERICA VOTE ACT (HAVA)* This federal program provides funding to the states to purchase new voting machines that are state of the art and completely handicapped accessible. They may be in place for 2006 elections. In any case Tioga County will assume complete responsibility for all phases of the election process next year. Inspectors as well as those who set up and program the machines will be hired and paid by the County. The only change that would affect you, the voter, would be the new voting machines. *HISTORY BUFFS* Honoring Early Churches of Berkshire was the theme of this year’s Heritage Day Celebration which began with an ecumenical “Tent Meeting” worship service that was extremely well attended. Popular hymns and a special speaker were highlights. We hope to make this service an annual event at Heritage Day. The Berkshire History Buffs express their appreciation to the Berkshire Fire Dept., Fire Police, Fire Auxiliary and all who participated in the parade or provided displays and refreshments. Thanks also to area organizations, businesses, and individuals who supported the event. The Berkshire Congregational Choir and Bucky Moon provided very popular entertainment. There were many interesting displays, children’s games, a Civil War era Living History Display, a Historical Slide presentation, chicken BBQ and a Grand Raffle. It was a fitting celebration for our Community. Visit us on the fourth Monday of the month, 7pm at the Town Hall. *ATV LOCAL LAW* Local Law #2 of 2005 has been approved by the Town Board and is on file with the State of New York. This law permits the use of specified segments of Town roads, approved by the Town Board, for use by All Terrain Vehicles. The purpose would be to allow the ATV’s to get from one landowner approved trail to another. All ATV operators must be in full compliance with New York State Laws. Use of Town Roads by ATV’s on other than those designated segments on file at the Town Clerk’s office, is illegal. KATHI’S KORNER Once again I encourage all of you to attend our Town Board Meetings. They are held at 7 PM in our Berkshire Town Hall. These meetings are always interesting… July: We had a Public Hearing to discuss the purchase of a new truck for the Highway Department. New York State has state bids for most equipment. This price is also available for local towns. Superintendent Spoonhower wanted to seek local bids with all the accessories he needs in this truck. He and Supervisor will get specifications to Clerk for publication .At the regular meeting…Richard Odom presented the completed inventory of the Highway Dept. We have received $4,500 of FEMA money from the storms in April. Ballou Hill has been oiled and stoned and will have the shoulder work done soon. Seasonal roads being worked. Bridge on Glen Road and road signs were also discussed.The Town Board has passed the ATV Local Law All Local Laws are filed with the town clerk and are public information. August: Discussion once again about the bridge on Glen Road Decision for 30 mph signs for Railroad Ave., Depot and Mill Sts. Letter S Bridge to be rebuilt this fall. Two bids were received for the highway truck and the bid was awarded to Burr trucking, subject to permissive referendum. The new procurement policy was passed by the Town Board. September:Board decided to purchase a Gradall from Kens Used equipment for $5000.00. Superintendent indicated he had solicited other bids. Copies of the draft audit of the Town were mailed to some residents prior to primary elections from fake address and name. The Comptroller asked that the draft audit be considered confidential until the final report released from Albany, therefore the Board could not respond to audit questions. Supervisor will petition NYSDOT to lower speed limits on RR Ave., Depot & Mill Sts to 15 MPH. The Town elections will be held in Nov. We need to take a close look at our candidates and their qualifications. I hope that we exercise our rights and vote for the candidate we feel would take Berkshire to a solid future. TROUBLE SPOT The former Howland Brothers facility has become an increasing concern of local public safety and Town officials. The Town has initiated negotiations with the owners, Precision Woodcrafters of Indiana, to correct the problems. Major sections of the buildings have begun to collapse posing a serious threat to trespassers. Vandalism and theft have caused the deterioration to accelerate. The owners have agreed to install a definitive barrier, no trespassing signs and will prosecute any violators. In addition: $500.00 REWARD OFFERED For Information leading to the arrest and conviction of individuals involved in vandalism, theft, and destruction of buildings and equipment at the former Howland Bros. facility located on Mill Street in Berkshire, New York. Please call 607-836-6465 and leave your name, address, and phone number where you can be reached along with a brief description of information you wish to convey; your call will be returned. *BUDGET TIME* The 2006 budget cycle has begun. The Supervisor will present a tentative budget at the Oct. 18 Board Meeting and the preliminary budget by the Nov 15 meeting. A vote by the Board, following a public hearing, should then result in the approved Berkshire budget for next year. Factors affecting next years budget will be the skyrocketing prices of fuel and asphalt products and union negotiations. *ELECTIONS* Polls will be open at the Town Hall on November 8th from 6am till 9pm. Many of the Town elected terms will be ending with all eligible positions contested. The following candidates will appear on the Nov. ballot Incumbents are listed first. HIGHWAY SUPERINTENDENT: Karl Spoonhower, Ind., Philip Davis, Rep., Dan Williams, Dem. TOWN CLERK: Constance Liddington, Dem., Robert Sharp, Rep. SUPERVISOR: ( no incumbent) Lillian Hoffmier, Rep., George Hoffmier, Dem. TOWN COUNCIL: Trudy Bentley, Rep., John Ceurter, Dem., Audrey Payne, Rep. And James Ceurter Sr., Ind. *ADOPT_A_HIGHWAY* Help keep Berkshire clean and attractive by joining the Route 38 roadside cleanup. This project will take place on Sat Oct. 22. With a good turnout it only takes an hour. We will gather at 9AM at the Highway garage and at the Post Office. *WHACKY WEEDERS* Our hats off to this small group of volunteers who maintain and improve the landscaping beneath the 2 Welcome to Berkshire signs on Rt. 38 and at the Town Hall. Interested in participating? Call Evelyn Martin at 657 2509 *HELPERS* Many thanks to Telessa Bean who does our layout and Dennis Whittaker who manages the sponsor terms and finances. *CALENDAR OF EVENTS* Oct 21 Spaghetti Dinner, United Methodist Church. 5pm Nov 8 Election Day Town Hall 6am – 9pm Nov 8 Chicken & Biscuit Dinner Berkshire United Methodist Church 5 to 7pm Nov 15 Budget Hearing–6:45pm Town Hall Nov 18 Spaghetti Dinner, United Methodist Church. 5pm Dec 4 Berkshire Fire Auxiliary Annual Children’s Christmas Party, Fire Hall 1 –3pm Dec 16 Spaghetti Dinner, United Methodist Ch. 5pm 3rd Tuesday Town Board, Town Hall 7:00pm 4^th Tuesday Planning Board, Town Hall 7pm 4^th Monday History Buffs, Town Hall 7pm 1^st Tuesday, 6 – 7pm Assessor at Town Hall

TOWN AUDIT The audit of Town’s purchasing practices is finally complete. Nearly all of the findings have been corrected including voucher audit, approval and payment procedures, state & local procurement policy compliance and mistakes in the amounts of some IRS Forms 1099s. The major discrepancy was the existence of a conflict of interest involving the contracting of road equipment actually owned by the Highway Superintendent who also initiated and verified the payment vouchers when that equipment was used by the Town. While the conflict of interest was a non-compliance with Sect. 18 of NYS General Municipal Law(GML), the Town Board had during the entire period in question, a Highway Committee of 2 highly knowledgeable and experienced members who daily monitored Berkshire’s road building and repair activities. This Committee verified monthly vouchers when contracted equipment bills were submitted to the Town Board for payment approval.

The situation has been corrected. In 2004, a different contractor was awarded the low bid and in 2005 leased equipment was used as needed in lieu of any single contractor. The Highway Superintendent and all Board members have been made fully aware of all details of Section 18 of GML. Detailed examination of involved records by the NYS auditors and members of the Town Board did not determine a single instance where any theft, fraud, purposely incorrect billing or misuse involving the contracted equipment cost Berkshire taxpayers any money. The auditors indicated that records clearly showed that services were received for the monies expended. In fact further research by members of the Board definitively indicated that the dollar amount paid for contracted equipment, per mile of road improved, during the years in question were significantly less than that charged by previous contractors. While the lengthy audit was sometimes painful, it was a tremendous learning process for Town officials.

HIGHWAY NEWS Berkshire has purchased a new 10 wheel dump truck and snowplow/sander. We expect delivery in November. The Board also agreed to purchase a used Gradall to replace the badly worn 1974 model. The newer machine, purchased at a very good price, is much larger than the previous one and comes with an excavator bucket which will preclude expensive excavator rentals in the future. We have project approvals from FEMA of $62,000 for the April 2005 flooding. However we have only received $4500. to date and are hoping that the funds do not get diverted to the hurricane damaged areas at our expense. Everything is just about in place to begin rebuilding the bridge on Letter “S” Rd. We hope to be selecting vendors for the materials this week. Our Highway crew will do the work, resulting in considerable savings.

Berkshire Community Hall
New Lease on Life
After months of planning the Berkshire Fire Commissioners signed a lease agreement with the Berkshire Community Association (BCA) on the evening of September 28th. This agreement provides a fifteen-year lease of the Berkshire Community Hall and paves the way toward restoring the 1932 building to its former grandeur. The BCA is a NYS registered not-for-profit organization with IRS 501c(3) tax exempt status whose
primary goal is to restore Community Hall for use and enjoyment by the entire community. Members are needed to serve on the board for 2006 and friends of the board are needed to help with grant writing, project planning, fund raising and more. This is going to be an exciting project
much as it was when the community rallied together in 1931 to build Community Hall. Your support is needed for this effort! If you would like to become involved with an exciting project please call Paul Kunik at
657-8097. New officers, directors and friends of the board of the BCA will be elected October 19, 2005 at 7 pm in the Berkshire Town Hall, 18 Railroad Avenue. Everyone is welcome to attend.

TOWN NOTES Berkshire’s Assessor, Christina Raison has a new phone number – 607 271 4350. After a brief maternity leave (during which she still conducted business from her home) she will once again be in Berkshire at the Town Hall on the first Tuesday of each month from 6 to 7pm.

Town Justice, Charles Brundza now holds his regularly scheduled court on the first and third Monday of each month at 7pm.

HELP AMERICA VOTE ACT (HAVA)

This federal program provides funding to the states to purchase new voting machines that are state of the art and completely handicapped accessible. They may be in place for 2006 elections. In any case Tioga County will assume complete responsibility for all phases of the election process next year. Inspectors as well as those who set up and program the machines will be hired and paid by the County. The only change that would affect you, the voter, would be the new voting machines.

HISTORY BUFFS Honoring Early Churches of Berkshire was the theme of this year’s Heritage Day Celebration which began with an ecumenical “Tent Meeting” worship service that was extremely well attended. Popular hymns and a special speaker were highlights. We hope to make this service an annual event at Heritage Day. The Berkshire History Buffs express their appreciation to the Berkshire Fire Dept., Fire Police, Fire Auxiliary and all who participated in the parade or provided displays and refreshments. Thanks also to area organizations, businesses, and individuals who supported the event. The Berkshire Congregational Choir and Bucky Moon provided very popular entertainment. There were many interesting displays, children’s games, a Civil War era Living History Display, a Historical Slide presentation, chicken BBQ and a Grand Raffle. It was a fitting celebration for our Community. Visit us on the fourth Monday of the month, 7pm at the Town Hall.

ATV LOCAL LAW Local Law #2 of 2005 has been approved by the Town Board and is on file with the State of New York. This law permits the use of specified segments of Town roads, approved by the Town Board, for use by All Terrain Vehicles. The purpose would be to allow the ATV’s to get from one landowner approved trail to another. All ATV operators must be in full compliance with New York State Laws. Use of Town Roads by ATV’s on other than those designated segments on file at the Town Clerk’s office, is illegal.

KATHI’S KORNER

Once again I encourage all of you to attend our Town Board Meetings. They are held at 7 PM in our Berkshire Town Hall. These meetings are always interesting…

July: We had a Public Hearing to discuss the purchase of a new truck for the Highway Department. New York State has state bids for most equipment. This price is also available for local towns. Superintendent Spoonhower wanted to seek local bids with all the accessories he needs in this truck. He and Supervisor will get specifications to Clerk for publication .At the regular meeting…Richard Odom presented the completed inventory of the Highway Dept. We have received $4,500 of FEMA money

from the storms in April. Ballou Hill has been oiled and stoned and will have the shoulder work done soon. Seasonal roads being worked. Bridge on Glen Road and road signs were also discussed.The Town Board has passed the ATV Local Law All Local Laws are filed with the town clerk and are public information.

August: Discussion once again about the bridge on Glen Road Decision for 30 mph signs for Railroad Ave., Depot and Mill Sts. Letter S Bridge to be rebuilt this fall. Two bids were received for the highway truck and the bid was awarded to Burr trucking, subject to permissive referendum. The new procurement policy was passed by the Town Board.

September:Board decided to purchase a Gradall from Kens Used equipment for $5000.00. Superintendent indicated he had solicited other bids. Copies of the draft audit of the Town were mailed to some residents prior to primary elections from fake address and name. The Comptroller asked that the draft audit be considered confidential until the final report released from Albany, therefore the Board could not respond to audit questions. Supervisor will petition NYSDOT to lower speed limits on RR Ave., Depot & Mill Sts to 15 MPH.

The Town elections will be held in Nov. We need to take a close look at our candidates and their qualifications. I hope that we exercise our rights and vote for the candidate we feel would take Berkshire to a solid future.

TROUBLE SPOT The former Howland Brothers facility has become an increasing concern of local public safety and Town officials. The Town has initiated negotiations with the owners, Precision Woodcrafters of Indiana, to correct the problems. Major sections of the buildings have begun to collapse posing a serious threat to trespassers. Vandalism and theft have caused the deterioration to accelerate. The owners have agreed to install a definitive barrier, no trespassing signs and will prosecute any violators. In addition:

$500.00 REWARD OFFERED

For Information leading to the arrest and conviction of individuals involved in vandalism, theft, and destruction of buildings and equipment at the former Howland Bros. facility located on Mill Street in Berkshire, New York.

Please call 607-836-6465 and leave your name, address, and phone number where you can be reached along with a brief description of information you wish to convey; your call will be returned.

BUDGET TIME The 2006 budget cycle has begun. The Supervisor will present a tentative budget at the Oct. 18 Board Meeting and the preliminary budget by the Nov 15 meeting. A vote by the Board, following a public hearing, should then result in the approved Berkshire budget for next year. Factors affecting next years budget will be the skyrocketing prices of fuel and asphalt products and union negotiations.

ELECTIONS Polls will be open at the Town Hall on November 8th from 6am till 9pm. Many of the Town elected terms will be ending with all eligible positions contested. The following candidates will appear on the Nov. ballot Incumbents are listed first.

HIGHWAY SUPERINTENDENT: Karl Spoonhower, Ind., Philip Davis, Rep., Dan Williams, Dem.

TOWN CLERK: Constance Liddington, Dem., Robert Sharp, Rep.

SUPERVISOR: ( no incumbent) Lillian Hoffmier, Rep., George Hoffmier, Dem.

TOWN COUNCIL: Trudy Bentley, Rep., John Ceurter, Dem., Audrey Payne, Rep. And James Ceurter Sr., Ind.

ADOPT_A_HIGHWAY Help keep Berkshire clean and attractive by joining the Route 38 roadside cleanup. This project will take place on Sat Oct. 22. With a good turnout it only takes an hour. We will gather at 9AM at the Highway garage and at the Post Office.

WHACKY WEEDERS Our hats off to this small group of volunteers who maintain and improve the landscaping beneath the 2 Welcome to Berkshire signs on Rt. 38 and at the Town Hall. Interested in participating? Call Evelyn Martin at 657 2509

HELPERS Many thanks to Telessa Bean who does our layout and Dennis Whittaker who manages the sponsor terms and finances.

CALENDAR OF EVENTS

Oct 21 Spaghetti Dinner, United Methodist Church. 5pm

Nov 8 Election Day Town Hall 6am – 9pm

Nov 8 Chicken & Biscuit Dinner Berkshire United Methodist Church 5 to 7pm

Nov 15 Budget Hearing–6:45pm Town Hall

Nov 18 Spaghetti Dinner, United Methodist Church. 5pm

Dec 4 Berkshire Fire Auxiliary Annual Children’s Christmas Party, Fire Hall 1 –3pm

Dec 16 Spaghetti Dinner, United Methodist Ch. 5pm

3rd Tuesday Town Board, Town Hall 7:00pm

4^th Tuesday Planning Board, Town Hall 7pm

4^th Monday History Buffs, Town Hall 7pm

1^st Tuesday, 6 – 7pm Assessor at Town Hall