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On March 4, the violation order was subsequently withdrawn because of "a clerical error" to the intent of the complaint and missing state Department of Environmental Protection regulations.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. 
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State, Local Leaders Celebrate Funding Boost For Ashuwillticook Rail Trail Extension

By Sabrina DammsiBerkshires Staff

ADAMS, Mass. — State officials and local leaders kicked up their kickstands and took a ride along the final stretch of the Ashuwillticook Rail Trail on Thursday to celebrate new investments in rural communities.

Federal Funds and Infrastructure Office (FFIO) Director Quentin Palfrey joined local leaders, including State Rep. John Barrett III and Berkshire Regional Planning Commission (BRPC) Executive Director Laura Brennan, in Adams to highlight the newest round of FFIO funding. The grant will provide BRPC with $64,700 in state funds to help advance the Ashuwillticook Rail Trail expansion.

"When Governor Healey came into office, one of her big day-one commitments was to make sure that Massachusetts was fighting for every dollar possible coming out of Washington," Palfrey said, speaking about FFIO, a program created in 2023 to help the state aggressively pursue and coordinate federal funding opportunities.

This builds on a $17.3 million federal award secured last year for the project, dubbed the A2A project, which supports the design of a 9.3-mile shared-use path connecting the existing Ashuwillticook Rail Trail to the Williamstown Mohican Path.

"One of the things that she emphasized to me when we set up the Federal Funds and Infrastructure Office was that we need to make sure that these resources not only come into Massachusetts, but benefit all of Massachusetts," Palfrey added.

The additional $64,700 will allow BRPC to gather information about transportation needs in northern Berkshire County to help inform the design of the trail expansion. BRPC will partner with Williams College and Luminary Evaluation, LLC to use the University of Michigan's Transportation Security Index (TSI).

Brennan said BRPC will deploy a 16-question survey that will allow them "to research local and regional perspectives and surface the needs of our neighbors when it comes to transportation in the Berkshires."

"The best-case scenario would be if the survey turned up results that all needs are met and that everyone has access to the places and the things that they need to travel to – but we know that is not true," Brennan said. "We know that folks in Berkshire struggle to get to their place of employment, to be able to access important medical appointments, [and] other engagements. So, the transportation security index is going to help us really hone in on those specific needs, identify pockets of needs or areas where there is a strong concentration or depth of need."

She said FFIO's investment offers a "wonderful augmentation" to BRPC's current plans for the bike trail extension. It's also an investment that will make the region more competitive for other transportation opportunities.

"This is an incredibly multifaceted and valuable investment, and we deeply appreciate it," she said.

Barrett said these investments drive growth in the Berkshires.

"I've always found that if you're going to grow an area, you grow with what you have here to grow. You don't bring something in. We have a natural beauty. We have an environment that's second to none, and that's what we are going to grow on," he said.

Barrett said that in the First Berkshire District alone, 4,000 new people moved to the area.

"We're seeing that migration here. They're going to have activities. They're going to have jobs, and we're going to have a great educational system that goes with it with our two colleges that are here," he said.

Palfrey said it was clear during the initial creation of FFIO that federal funding often went to wealthier and more urban communities with larger planning departments and greater access to consultants. He added that FFIO helps reverse this trend and get projects in rural communities off the ground.

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