Auxvasse ponders ordinance for wood furnaces

A good deal of the discussion during Tuesday night's regular Auxvasse Board of Aldermen meeting concerned a potential ordinance regulating outdoor wood furnaces.

The board reviewed a draft form of the ordinance, which includes stipulations that:

•Only natural, untreated wood, wood pellets, corn products, biomass pellets or fuels specifically permitted by the manufacturer's instructions such as fuel oil, natural gas or propane backup may be burned;

•Prohibited items for burning to include: painted or varnished wood, rubbish or garbage, plastic materials or rubber; and

•Chimneys must extend at least two feet above the peak of any residence within 300 feet of the furnace.

South Ward Alderman Terry Walker had several points he felt needed changed - mostly adjusting language. The point that received the most debate was a section regarding how the ordinance would apply to new construction next to an existing residence with a wood furnace.

The draft version of the ordinance states: "If there is an existing outdoor wood furnace already installed and there is new construction of a residence within 300 feet of such ... then the owner of such outdoor wood furnace shall conform to the stack height requirements of this regulation within 30 days of the date such construction is complete."

Walker said he felt if someone with a wood burning furnace that is in compliance with the ordinance has someone move in adjacent to their property and build a taller structure, they shouldn't be responsible to extend the flue of their furnace - it should be on the person building the new residence.

North Ward Alderwoman Stephanie Leverett objected, noting, "I don't think you can legally get anyone to come onto someone else's property and bring it up to code."

The board discussed the issue for some time, with all in agreement that it would be unfair for someone who was previously in compliance to have to pay to be in compliance again, but no one able to suggest a solution that all could agree on.

The board finally agreed to do some more research into how other municipalities handle such ordinances.

Later in the meeting, local resident Jerry Wilkerson inquired about several prior concerns he had raised to the board. One of those concerns was complaints Wilkerson had previously filed about two of the city's police officers.

Wilkerson stated he believed one of the officers had "crossed the boundary by pulling a gun on me" after Wilkerson bumped the officer with his car. Wilkerson pleaded guilty on Jan. 5 to a count of assault of an officer in connection with that incident - which occurred in January 2014. During Tuesday night's meeting, however, he insisted he wasn't trying to hit the officer, saying, "I was trying to get out of harm's way." Wilkerson claimed the officer was harassing him for no reason, and then overreacted when the mirror of Wilkerson's vehicle bumped him.

"Is there any point where it's acceptable to pull a gun on a citizen?" Wilkerson said several times Tuesday night. "It's crossing a boundary."

Walker said he had seen a video of the incident in question - which occurred in front of city hall - and he found the officer's actions to be justified.

"I feel no action needs to be taken," Walker said.

Leverett said it would not be the board's place to take any disciplinary action against the officer unless he was found by a court to have acted improperly.

Wilkerson said he did not agree with the aldermen before leaving the meeting.