Loading...
08/19/2015 Special THIRTEENTH MEETING SPECIAL COUNCIL MEETING August 19, 2015 Council met on Wednesday, August 19, 2015 at 5:00 p.m. for the purpose of a Special Council meeting on the draft Open Air Burning By-law. All members of Council were present. BACKGROUND MATERIAL Draft By-law/ FS-2015-04, Open Air Burning — Supplementary (June 23)/ FS-2015- 02, Open Fire Burning/ Council Minute Excerpts Bert Dandy, Stamford Street resident, was generally in favour of the by-law. He suggested some wording changes and thought that the size of the open flame should be smaller. Paul Brockwell, Woodland Boulevard resident, indicated that people are having open air fires. Those having fires, do not wish to break the law, therefore, a permissive by-law with controls makes sense. He felt Council had a fair and lengthy debate on the issue in June and there was no need to revisit the matter again. Paul Hachmann, Elm Street resident, outlined the various organizations that have gone on record opposed to wood burning. He outlined his research on the effects and felt the by-law would be detrimental to the elderly and youth. Sylvia Chase, Queensway Crescent resident, outlined her various health issues which are hampered by open air burning. In her opinion, Council's draft by-law is contrary to Clean Air initiatives of Federal and Provincial governments. Rosie Barillari, Grey Avenue resident, indicated that neighbours on her street have open air fires and with it comes other violations and garbage as a result. Andrew Chase, St. Michael Avenue resident, felt that open air burning is a want, not a need that is better accommodated outside of urban areas. Robin Morse, Britannia Crescent resident, questioned the costs associated with administration and enforcement of the proposed by-law. He felt the by-alw will lead to neighbor conflict. Wayne Collee, Woodland Boulevard resident, appreciated the health concerns but pointed out that fireplaces emit similar smoke. John Garrett, Simcoe Street resident, was in favour of gas burning only. He felt fireplaces were not an issue as the burning traditionally happens in winter when windows are closed. He questioned whether staff would know if a property met with applicable setbacks. John Burcatto, Chipman Crescent resident, questioned if the permit system would be on an honour system. He felt the proposed by-law put the onus on neighbours to enforce. He questioned how well the existing by-law had been enforced. Al Oleksuik, Front Street resident, felt the changes to the by-law were minor from the existing version. He felt appropriate protections are in the draft by-law and the changes protect responsible people, while having the tools to go after the irresponsible individuals. He felt that the permissive by-law would not mean a major increase in open air fires from what currently occurs. Council Minutes August 19, 2015 Marilyn Kaert, Westminster Drive resident, felt the draft by-law would force people into homes and reiterated the health risks she felt would occur. Larry Landon, Front Street resident, felt that common sense should prevail amongst neighbours and if respect occurred the by-aiw would allow conscientious people to have very limited number of fires per year. Dan Bouwman, Bridgewater Street resident, appreciated the difficulty facing Council. He is generally in favour of the by-law as it places appropriate controls. Aavo Kaert, Westminster Drive resident, outlined his concerns regarding particulate matter that emanates from open air burning. He outlined protections under the Environmental Protection Act and the complaint mechanism under the Act. Tom Dockstader, Willmott Street resident, said Council has to occasionally make unpopular decisions. He felt that clean air trumped recreational pursuits. He also felt that the draft by-law was contrary to the City positioning itself as a "green city". Maureen Collee, Woodland Boulevard resident, indicated she had collected 170 signatures on a petition in favour of the By-law for the June meeting but because she felt Council had ruled on the issue, she had destroyed the petition. She outlined other municipalities with permissive by-laws and felt that many neighbours may be completely unaware of open air burning if proper setbacks etc. are maintained. Kevin Hawerchuk, Montrose Road resident, questioned Council's environmental stewardship on the issue. He pointed out Waterloo's by-law, which allows gas burning and prohibits open air burning, even for cooking. Jason Smith, McLeod Road resident, has been a victim of backyard smoke. He felt Council had to adapt with the times. He foresees that such activity will not be allowed in the future. Irene Iggulden, Alfred Street resident, felt most urban lots are much too small, with decks, fences and structures. She compared the issue to the pesticide issue, where eventually Provincial legislation was passed to prohibit the environmentally unsafe activity. Gille Hurtebise, Sixth Avenue resident, felt Council must accommodate environmental sensitivities and that even a trial period for the permissive by-law would be detrimental to a segment of the population. Charles Aquilina, Bridgewater Street resident, felt as a former firefighter that limited open air burning is perfectly acceptable. He believes that peple have a right to burn responsibly. Jay Mason, Front Street resident, felt that the permissive by-law is actually environmentally positive, as it encourages individuals into the great outdoors and leads to a healthy and vibrant community. Barbara Bain, Upper Canada Drive resident, felt campfires should be outside of the City limits. Diane Westerhof, Portage Road resident, felt recreational fires should be banned altogether. She hoped that Niagara Falls would be a leader on the issue. Despite promises of confidentiality, she believes that neighbours will figure out who complainants may be, especially if those with health issues are required to register their objections to the issuance of a permit. Linda Bouwman, Bridgewater Street resident, felt large properties along the Welland River were appropriate for recreational burning. 2 Council Minutes August 19, 2015 Jim Hess, Cherrygrove Road resident, felt there was opportunity to compromise allowing very small fires. Bill Chase, Queensway Crescent resident, said the effects of fires are often not emanating from neighbouring properties but could be blocks away. Regardless of distance, health impacts are still possible. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Council reconsider its' decision of June 23rd related to open air burning. Carried Unanimously ORDERED on the motion of Councillor Craitor, seconded by Councillor Strange that staff be directed to not bring back a by-law allowing for recreational wood burning fires. Motion Defeated with Councillors Kerrio, Campbell, Morocco, Thomson and Mayor Diodati opposed. ORDERED on the motion of Councillor Thomson, seconded by Councillor Kerrio that Council defer the matter for the Fire Chief to get some more information related to the Ontario Fire Marshall's Office position on outdoor cooking, appropriate setbacks and size of fires and whether a system can be implemented related to individuals with a medical condition being able to register. Motion Carried with Councillors Craitor, loannoni, Pietrangelo and Strange opposed. ORDERED on the motion of Councillor Kerrio, seconded by Councillor Morocco that the participants be notified of future meetings on the issue. Carried Unanimously * * * * * * BY-LAWS ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-law be given a first reading. Carried Unanimously 2015-90 —A by-law to adopt, ratify and confirm the actions of City Council at its special Meeting held on the 19th day of August, 2015. ORDERED on the motion of Councillor Pietrangelo, seconded by Councillor Strange that the by-law be given a second and third reading. Carried Unanimously * * * * * ORDERED on the motion of Councillor Morocco, seconded by Councillor Campbell that the meeting be adjourned at 9:35 p.m. Carried Unanimously -/7 7-17/ DEA IORFIDA, ITY CLERK JAMES M. DIODATI, MAYOR 3