Wednesday, June 03, 2009

Notes on the NO BURN area set up on Mt Tabor

To expand on research for the NO BURN area discussed at the May and 2 June 2009 Commissioners Meetings see the notes on the blog a year ago on 17 June 2008 and on 15 July 2008. Commissioners ratified a no burn area as previously set up with letters to residents from Aaron Negangard, Prosecutor, and Dave Lusby, Sheriff. The problem ensued when NEW neighbors moved in and burning began again per the notes.

17 June 2008 excerptfrom blog notes:

Pat McAdams- Mt Tabor presented for his wife Theresa who is housebound due to her chronic severe asthma. They currently have a no- burn area in their neighborhood enforced by letters approved by Lusby and Negangard and possible prosecution if they violate. Some new people have moved in and open burning is occurring in the area. He read a letter by her pulmonologist (lung doctor) Dr Zidarescu.
This is not in an Agricultural area and takes in about the first 1/8 mile of Mt Tabor and some side streets. Ewbank will review the letter and the wording on some signs marking off the area as a no burn area. McAdams showed pictures of his wife in a coma for a week after people burned in the area. Some people have asked them to leave for a weekend and one to leave permanently. Apparently, there is cause to enforce this as it is life-threatening for Theresa McAdams.

15 July 2008 excerpt from blog notes:

Mt. Tabor Road (Theresa McAdams) tabled from 7/1/08 - Ralph Thompson suggested they ratify and confirm the No Burn Area from US 50 S. to the bend approximately 2,900 feet South of US 50, approximately, 3/8 of a mile area.

Todd Listerman stated signs (regarding the No Burn Area) should be in place southbound and northbound of the area.

Rick Fox said there is a concern that there will be future calls requesting the same consideration from others.

Hughes said the Sheriff has a State law to handle this situation.

A discussion followed that IN code 13-17-9 deals with fire creating a nuisance. The Commissioners discussed that this is a life and death situation.

Ewbank stated this matter is under Home Rule and left to local municipalities.

Ralph Thompson restated the motion that they ratify and confirm the No Burn Area for life and health as long as Theresa McAdams is in her current residence, with authorization for signs to be placed.

Rick Fox seconded the motion. Jeff Hughes voted Nay. Motion passed.

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