The Story of the OWB
Please read the previous page about the history of our home, if you haven't already because this blog entry builds off of that.
This blog is our perspective on how things have been handled regarding our situation with the OWB across from our home. This is our OPINION in which we are entitled. This is the only section of this entire page that is supported on our perspective and beliefs. Every other part of this page is devoted to facts, laws, studies, and evidence. Obviously, the individuals that are mentioned in the paragraphs below will deny or defend the statements we make on this blog. However, the majority of the information we list about these individuals can be supported by simply searching the public domain of information available to the public.
UPDATE:12/12/07
WITH THE ADVICE OF OUR ATTORNEY, we have been required to edit this page because of the potential problems with our pending trial. We cannot express matters of opinion on this case without it potentially being used against us as evidence. Because we question the character of many individuals on this page, we have been advised to remove any section that defaces the character of any individual who is involved in our case. Although we feel we are entitled to our opinion, we do not want to compromise the outcome of our case. As mentioned above, names of both parties have been removed from the post below. Below is what is called an Action Log which the court has already accepted as evidence and is public record in our case:
Fall/Winter 2006-Spring 2007 (Burning Season 1)
Action Log
Outdoor Wood Boiler
Mr. and Mrs. Neighbor, owner of OWB,
October 28, 2006---- First observed neighbor, Mr. Neighbor, constructing Outdoor Wood Burning device at his residence. At first we were unaware of what an OWB was, until Mr. Neighbor started using his device on this day. This was the first occurrence we recall of us being exposed to the smoke that his OWB creates.
October 31, 2006—Approached mayor Rick Casson (at his residence) about problems incurred from our neighbor's outdoor wood boiler.
(October 31, 2006, November 1 & 6 , 2006)—Provided information about outdoor wood boilers to the mayor (Rick Casson) via e-mail.
November 27, 2006—Had a phone conversation with Village Trustee Michael McDermid. We asked Trustee McDermid if there was anything needing to be addressed, and Mr. McDermid replied "At this time no you do not because this is considered an informal complaint" Michael McDermid said that he and Village Trustee Rob Rolves will be conducting an on-site visit with the owner of the outdoor wood boiler at his address, address removed, sometime during the week of Monday, November 27, 2006 through Friday, December 1, 2006. The conversation also noted that Village Trustee Rob Rolves has had a long relationship with the owner of the outdoor wood boiler.
November 27, 2006—Placed correspondence letter to owner of outdoor wood boiler at his residence in screen door at address removed requesting a time to meet and discuss our circumstance. The letter discusses our intent to speak about the height of the stack of the outdoor wood boiler and the wood being burned in the outdoor wood boiler.
November 28, 2006—Took photos of outside of residence at our residence. Noticed smoke damage to exterior of home and garage. The damage most noticeable was at the eaves of the front of the residence and below the perimeter of the roof on the front of the residence. Also, damage was noticeable near the side door of the residence. Smoke damage was also noticeable at the perimeter of the roof on the south side of the garage at the residence. Also noted damage was noticed at the neighboring bank adjacent west of address removed. (See the pictures on the main page)
November 28, 2006—Received a telephone message from owner of the outdoor wood boiler,
November 28, 2006—6:47pm, Met at residence of owner of outdoor wood boiler. Discussed the details described in the letter. Discussed that we wished that he raise the stack height of the OWB above his roofline. Owner's response was that the manufacturer only would allow him to raise the stack to 8 feet above the OWB structure and would not be able to raise the stack above the roofline. We then responded with asking why the stack couldn't be raised above the roofline. His response was that he was waiting for a phone call response from the sales representative of the manufacturer that night regarding stack height and a ventilation fan. Furthermore, he said that he was going to add a two foot extension to the stack height, making it 8 feet tall. The discussion further entailed us presenting him with the exterior damage that was ensuing on the home we live in. Because of darkness, we then presented the owner of the OWB an open invitation to come to the residence we live in at any time to look at the extent of the smoke damage to the exterior of the home. The third item of discussion in the conversation with the owner of the OWB is what is being burned inside the OWB itself. The concern we had was that we were worried about what type of materials were being burned within the OWB. The owner's response was then that he was only using "seasoned wood" that he gets from 60 acres of wooded land that he owns in the area. The owner further stated that this was the only item he would be burning along with some cardboard inside of the outdoor wood boiler. We ended our conversation requesting that some closure would occur preferably before the holiday season as we would like to have family members join us during the holiday season and stay at the house we live in. We further stated that in the conditions that are currently existing, we could not have our family join us for the holidays. We then ended our conversation and returned to our residence.
November 28, 2006—Within an estimated time of 2 hours from our meeting, the owner of the outdoor wood boiler placed potentially weathered wood inside of the outdoor wood boiler and proceeded to burn. The smoke produced from this burning blew directly onto the residence at addressed removed for the duration of the night.
November 29, 2006—Sent card of appreciation thanking the owner of the OWB for taking the time to consult us about our problem regarding his OWB.
November 29, 2006, Took pictures of residence and pictures of OWB to potentially contact insurance company regarding a claim. Later in the day observed neighbor place "No Trespassing" sign on garage near where picture was taken in alleyway.
December 4, 2006- Spoke with trustee Mike McDermid regarding our situation. He informed me that before any action would be taken on the city's behalf, a written complaint must be made with the Village Police Department regarding an ordinance violation. Second, that the village views this as a process that "will be slow" in respect to the village taking any action stating that we should attempt to solve this as neighbors. He also stated from his opinion that we had a "weak case" because the ordinance that this pertains to is a "Blanket Ordinance" and not something that is enforced on a regular basis. Furthermore, Mr. McDermid informed us that he had contacted the manufacturer of the OWB and the manufacturer "recommends" that the stack be risen to above 2 feet of the nearest roofline. The reason being the stack would need additional structural reinforcement to support a stack being risen above 8 feet. Mr. McDermid then stated he would be passing this information along to the owner of the OWB if he could locate his e-mail address. This was in hope that the owner of the OWB would take it upon himself to relieve the problem and raise the OWB to above the roofline. Finally, our conversation concluded with Mr. McDermid stating he would provide a copy of the
January 28, 2007 At around 11:17 PM observed NAME REMOVED (Furnace Repairman) located at the residence located at
January 29, 2007, 4:58 PM, Again observed Name removed (Furnace Repairman) located at the residence located at
February 2, 2007 Observed small pallets (non-treated wood) stacked next to the OWB. (See Picture)
February 3, 2007 Observed neighbor put pieces of small pallets in the OWB. (See picture)
February 20, 2007 Sent letters of inquiry to the following:
Mike McMillan- Clinton County Health Department
Dr. Eric Whitaker –
Kathy Drea-
February Board meeting (February 12, 2007) Addressed council and mayor about our situation. Directly asked Trustee McDermid if we needed to do anything on our part (file a complaint), and he replied "No, not at this time."
March 5, 2007 Received phone calls from Ray Kloeckner and Mike McMillan regarding information packet sent on February 20, 2007.
March 6, 2007 Met with Trustees Mike McDermid and Joe Obernuefemann to discuss neighbor's OWB. This discussion entailed Trustee McDermid telling us that he was not doing anything about this situation, in short words.
March 8, 2007 Met with Mike McMillan- Clinton County Health Department to discuss our situation. He informed us this needs to be handled at the "local" level.
March 8, 2007 Filed formal complaint with the
March 14, 2007 Contacted Jane McBride of the Illinois Attorney General's office regarding our issue with the OWB. She requested I send her a packet with the information I have for her review.
March 19, 2007 Sent information as requested to Jane McBride of the Illinois Attorney General's office.
April 3, 2007 Observed neighbor start OWB. The weather was very overcast and rainy today, as we observed Mr. Neighbor place soaked wood into the OWB. This created noxious odors and visible smoke, and the wind carried the smoke onto the property where we are living (pictures). As we were taking pictures on the front porch, Mr. Neighbor emerged from inside his residence also with a camera. I then commented to Mr. Neighbor, "I suppose you're saying this isn't blowing at our house right now?" Mr. Neighbor responded to my comment by saying "No it isn't." He then went to return inside his residence and while doing so blurted the comment, "Don't like it, move." and returned inside of his residence. Shortly after we then observed Mr. Neighbor return outside from his residence with a video camera in hand to record the OWB. We then observed Mr. Neighbor recording the OWB in action. (Note at this time our attorneys and I have yet seen this video, suddenly it disappeared and was not given to our side as evidence)
April 29, 2007 Observed neighbor remove stack from OWB and place on the ground beside the unit. This was the last day of us observing the neighbor using the OWB. (See pictures for April 30)
MORE TO COME! As you can guess we are still fighting this mess, this section will be updated soon.
