Adams Code Officer Charged With False Report

By Sabrina DammsiBerkshires Staff
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NORTH ADAMS, Mass. — Last year, Dr. Martin Bush received a late Christmas gift from Code Enforcement Officer David Rhinemiller in the form of a code enforcement violation. 
 
Rhinemiller received a gift of his own from Bush: a misdemeanor charge for allegedly making a false report as a public employee in connection with that violation.
 
Rhinemiller was to be arraigned on Friday in Northern Berkshire District Court but this was postponed to Sept. 4 by order of the court. 
 
According to the factual finding of the case, Rhinemiller's correction order to Bush carries potential criminal penalties including a fine of $25,000 or imprisonment for up to one year, or both. 
 
Every year, Bush operates a holiday display at his dental office, located at 9 Park St. in Adams, which annually runs from the Friday following Thanksgiving through Jan.1. 
 
This year, he received a correction order on Jan. 15 following a complaint about "unsafe conditions in a rental unit," stemming from holiday decorations that allegedly generated noise interfering with the normal operation or occupants' health of adjacent or abutting properties.
 
The order claims that an authorized inspection of the property took place — but by the time an inspection took place on Jan. 7, the display had already been dismantled. 
 
Bush followed up on Jan. 19, by requesting a public hearing and asking what the music's decibel reading was during the Jan. 7 inspection, when it was taken, how it compared with traffic noise, what equipment was used, and the acceptable noise level in Adams.
 
In a correction offer dated Feb. 12 to Bush, Rhinemiller claims that readings were taken on Jan. 7 with a decimal meter Noyafa Model NF-562. 
 
He reported that readings taken between 10 and 10:30 a.m. and at 5 p.m. reached a high of 88 and 84 decibels, respectively. The document says the average was 74 decibels. Rhinemiller acknowledges in the order that "no decorations were present at the time of the decimal readings."
 
On March 4, the violation order was subsequently withdrawn because of "a clerical error" to the intent of the complaint and missing state Department of Environmental Protection regulations. 
 
The factual finding of the case says "Rhinemiller's inspection (investigation) consisted of speaking only with the complaining abutter. Rhinemiller's investigation did not include speaking with any other party. ...
 
"Specifically, Rhinemiller did not attempt to speak to Bush, did not attempt to speak with any other witnesses, did not review police records, did not attempt to speak with any police personnel, and did not review historical records on file at the Town of Adams." 
 
A hearing was set and then canceled for March 4 when the violation was withdrawn. Bush attended the Select Board meeting on March 4 and publicly stated that Rhinemiller had "misrepresented the facts." He requested a written apology, saying that if received, the matter would be filed away and "never to be heard again."
 
Bush said he never received an apology and cited an iBerkshires article in which Rhinemiller admits the sound was not on, his application for criminal complaint states. 
 
"I am seeking recourse here for several reasons, two of which are; Firstly, this is quite frightening if a government entity can fabricate facts to illicit criminal charges against a citizen," the application states. 
 
"And secondly, the last sentence in the iBerkshires article quoted from Mr. Rhinemiller insinuates we (the town) will be back next year with a similar charge against Dr. Bush, if another complaint comes in. 
 
"These behaviors need to stop because over the years I have seen an escalation in the severity of the position the town has chosen toward my regard." 
 
Rhinemiller continues to work as the code enforcement officer. He is being represented by attorney Ryan Smith of Pittsfield. 
If you would like to contribute information on this article, contact us at info@iberkshires.com.

Cheshire Receives Grant for South Street Water Main Project

By Breanna SteeleiBerkshires Staff

CHESHIRE, Mass. — The town recently received a grant that will help with water infrastructure on South Street.

Town Administrator Jennifer Morse last week informed the Select Board that the town has received $1,159,200 through the Housing Works Infrastructure Program for the South Street Water Main Project to upgrade the existing infrastructure to improve water reliability, quality and fire department needs for the town.

Department of Public Works Director Corey McGrath said it is a big win for the town, as it is a necessary project to help keep that portion of the road safe. 

"This is absolutely amazing and huge for the town. That section from the lights to Lanesborough Road is bottlenecked. We have sections 4-inch, 6-inch, and 8-inch. So, although the static pressure down on Lanesborough Road and Route 8 is fine, as long as you don't use it, once we use it, that drops down. We see it with the Fire Department with the hydrants, so it's huge," he said. 

"We have four businesses, two mobile home parks, multiple residents, a fire department, a commercial business, a commercial lot that could be a business at some time. So to not have the hydrants is risky. We have eight hydrants on that line. None of them are sufficient to fight a structure fire. So it's a big price tag, but we have a river that we have to go under, so that's what brings it up. So I can't express how important this is," he said.

The project was described as especially important because Route 8 is expected to be resurfaced in 2028 or later. Morse said he was told that after resurfacing, the town will be limited to emergency repairs for at least five years.

Select Board Vice Chairman Shawn McGrath thanked Morse for bringing more than $5 million in grants to the town since she was hired, leading to applause from the room.

"I don't think citizens realize how much money has been brought into the town since we went for the full-time administrator. So it's a huge job and a job well done," he said.

The board also hired new Police Officer Mitch Malloy, who is currently employed at Massachusetts College of Liberal Arts. Malloy was previously in the Navy and already has been through the police academy, so Police Chief Matthew Wright went before the board to ask if they would approve his hiring.

"[He] comes with that full-time academy training, which is invaluable to be able to have a candidate to be able to come in right off the bat, ready to hit the ground running. Interviewing him, I think he's going to be a great fit. I know he's going to be a great fit for our community, for our team that we're building at the police department," Wright said.

The board welcomed Malloy to the team.

The board also adopted a new town-issued cell phone policy and and a Cannabis Social Equity Policy. The board accepted phone policy unanimously and the social equity policy with one member abstaining and another denying. Morse said the social equity policy was necessary because the Cannabis Control Commission said the town was not in compliance.

The board members also spoke again with Town Clerk Whitney Flynn about the vault containing older documents of the town that are still at the former town hall. Chair Michelle Francesconi said it is not fireproof or waterproof, and that water issues had affected the surrounding area, expressing that something does need to be done and for Flynn to gather measurements and information on what she needs and about possible funding, including grant opportunities.

She also asked if a member of the board would act as a liaison with Flynn to help report back their findings, for which member Raymond Killeen volunteered. Flynn said more work will be done once the election is finished as it is a very busy time for her.

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