SOUTH PORTLAND – When it was unable to decide this summer if Mary Giggey was violating city and state rules by burning trash at her 29 Willard St. home, the South Portland City Council decided to put off any final decision until mid-November.

At its meeting on Monday, the council learned that since the public hearing in August, no further issues have arisen in the Willard Street neighborhood regarding the emission of noxious fumes from burning trash.

However, the council could not agree on what its next step should be. Councilor Linda Cohen, who will become the next mayor on Dec. 1, suggested withdrawing the item from the agenda, but Councilor Tom Blake thought postponing or tabling the issue might be better.

Blake said his concern was that the neighbors had gone through quite a bit of effort and heartache to bring the trash-burning issue before the council in the first instance and he did not want them to have to repeat their steps if the issue arose again.

“My goal would be for us to be able to jump on this immediately if an issue arises,” Blake said.

Councilor Melissa Linscott.

“The neighborhood has already gone through considerable effort. I wouldn’t want them to have to start over,” she said.

Ann Thomas, who lives at 45 Willard St. and who spearheaded getting the trash-burning issue to the City Council said she would not mind the council putting aside the question of whether Giggey is causing a public nuisance.

But, she also said, “I do not want this to become a dead issue.”

After further discussion, Blake suggested that the question be postponed to the Dec. 15 council meeting so that councilors could have the benefit of legal advice on the best procedure to follow.

That suggestion was approved in a vote of 6-1 with outgoing Councilor Michael Pock opposed. Pock has been opposed to the council finding Giggey at fault since the beginning, arguing the question of whether she was burning trash in her home fireplace was too much of a he-said, she-said issue.

Neighbors first presented the City Council with a petition arguing that Giggey’s trash burning was a public nuisance this past summer.

Fifteen residents of both Willard and Henry streets signed the petition, which stated that the burning of trash at 29 Willard “releases noxious fumes causing the air quality in our neighborhood to be a major health hazard.” The petition also stated the burning had caused some residents to experience nausea, headaches and disorientation.

Under the city’s ordinances, the council must hold a public hearing if at least 10 property owners located within 500 feet of the nuisance property sign a petition requesting such action.

During the August public hearing, Giggey categorically denied burning trash in her fireplace, other than using paper to get a wood fire started.

But, Thomas said the burning of trash at the Giggey household has caused her to be ill on numerous occasions and made her feel trapped in her own home, since, she said, she could not have the windows open or go outside when the burning was going on.

In an attempt to resolve the issue without taking official action, the City Council asked City Manager Jim Gailey to make sure that Giggey received a visit from both South Portland’s public health officer, as well as from a representative of the fire department.

The goal, according to the council this summer, was to make Giggey aware of the dangers of burning trash and also informing her of the city and state laws banning the practice.

At Monday’s meeting, Gailey said that following the August public hearing there have been no further complaints of trash burning in the Willard Street neighborhood.

“Corrective actions were taken and I have reached out to the neighbors, who said there have been no further problems,” Gailey said.