Meeting of the Planning and Zoning Commission held August 25, 2020, 5:30 P.M. in the Council Chambers of City Hall.
Members present:
Mike Cook – Chairman
Kevin Asker – Vice Chair
Yolanda Stout
Dan Gautney
Jeff Kutner
Brian Perry
Members absent: Don Kissinger
City Staff: City Administrator Kennedy
The meeting was called to order by Mike Cook at 5:30 p.m.
APPROVAL OF MINUTES: On motion by Dan Gautney, second by Kevin Asker to approve the minutes of June 23, 2020 as presented. Motion carried.
HEARING PROCESS: Administrator Kennedy explained the meeting tonight is a continuation of the hearing from July 28th. The commission will follow the same public hearing outline as shown on the agenda. During this process, those members of the public present to provide comments are only allowed to provide new information.
APPLICANT PRESENTATION: Justin DeFord and Jeff Blackmer, Blackmer Funeral Services, were both present to provide additional information. Justin DeFord stated he confirmed the unit meets US air pollution discharge standards. As far as property values, he talked to the assessor and was told that adding a crematory shouldn’t affect property values. He also provided additional details from Therm Tec Inc. on the specifications of the unit they are looking at purchasing which the commission received prior to the meeting for review. On mercury, information from the EPA shows pounds/year emitted from various purposeful uses. Crematories are at less than 1% emission rates. Other common areas of mercury that are higher emitters include but are not limited to hospitals and medical facilities, households, thermostats, dental facilities and fluorescent lamps.
Jeff Kutner disagreed when Justin said it meets US air pollution discharge standards. Jeff said there are no Idaho or EPA standards for crematories. EPA only regulates major emitters and then limits the number of pounds/year they can discharge. Crematories don’t emit enough to be regulated by EPA.
Brian Perry stated the unit is a propane driven crematory and asked where the propane storage tank would be located. Justin responded it depends on the size of tank (50 or 100 gallons) which would dictate the location. Brian asked how many gallons are used? Justin stated it only uses approximately 7 gallons of propane per cremation so the tank won’t have to be too large.
Kevin Asker asked what his experience was with people having cremation vs burial. Justin stated they have about 120 cases per year with 70% cremation. Kevin asked if they have considered pulling the fillings out prior to cremation. Justin stated no they can’t do that as it would be desecration of the body. Kevin also was looking at a picture of the equipment itself with the chimney coming out of the garage. If the chimney was taller would it disperse better rather than in a concentrated area? Also, annual testing was mentioned, could the City consider more restrictive testing. Jeff Blackmer responded the Bureau of Occupation licensing is the testing they have done annually to make sure they are meeting all of the requirements of their licenses and that their paperwork is in order. As far as the equipment, it is pretested and there is not much to fail. The electronics of the equipment show if it’s working. On the chimney height, the new chimney will probably be less than the existing chimney. Jeff Blackmer said the ones he has seen there is no additional chimney height to allow for better dispersion.
Dan Gautney asked Justin if the mercury was minimal? Justin DeFord confirmed it and stated dentists create ten times more emissions of mercury than the cremation process.
Yolanda Stout stated you can operate the equipment through a phone. What if cell coverage goes down? Justin stated they plan to be onsite if they are doing a cremation so the chances of using a cell phone would be very small.
STAFF PRESENTATION: Administrator Kennedy had no new information. The commission then provided the information they found during their research.
Jeff Kutner stated Justin is right, they aren’t regulated. He found a Department of Public Health fact sheet online from Georgia that talked about mercury. The bad thing is it’s a matter of perception. Jeff called Idaho DEQ and crematories were exempted from permitting rules about 15 years ago due to lobbying. Idaho administrative rules code has a rule that deals with natural gas only. Mike Cook pointed out that the fact sheet stated there is no evidence that chemicals released to the environment near a crematory are at levels of health concerns.
Yolanda Stout talked to the assessor’s office and adding a crematory wouldn’t affect property values. Real estate agents said if a buyer wanted to live by a funeral home, it wouldn’t affect a sale if it also had a crematory.
Kevin Asker was wondering why this issue has come up as they are already sending people to Lewiston. The information he came up with dovetails with what Justin said and cremations are at 70% now. One interesting thing was cremations were 10% in 80s, 49% in 2015 and 70% now. National funeral directors association projects by 2030 cremation rates will top 70% and will continue to grow. The growing industry is causing cremation equipment and technology to use the latest designs. The crematory manufacturer’s projections and testing falls in line with what Justin has already testified to, which is negligible harmful vapors.
He talked to a local dentist about mercury continuing to be a concern. The dentistry industry hasn’t use dental amalgam for more than 20 years. Those with mercury in fillings is less than 1-2% of the dentistry trade.
Dan Gautney felt older people are choosing burial for the most part but will surpass 70%, he felt cremation could be 90% or more by 2030. He also talked to real estate agents and the market here is smoking hot. They didn’t feel a crematory would hinder a sale. These are very efficient machines and he didn’t feel there would be a problem.
Mike Cook talked to two funeral home directors in the Boise area. They said people do like to have cremations done as local as possible so loved ones don’t get shipped off and maybe have the wrong remains returned. The family also likes to be there during the process. He talked to James Zehner and the assessment wouldn’t change. The realtors he spoke to said the sale of property was already impacted by it being a funeral home but felt a crematory would add little or no impact.
Dan Gautney felt it would be good for the community.
WRITTEN CORRESPONDENCE: No new written correspondence.
SUPPORTERS: none
NEUTRALS: none
OPPONENTS: Dwight Morrow stated the assessor won’t decrease taxes. He submitted 3 pages of the amended Grangeville Comprehensive Plan and stated he lives 50 yards from the funeral home so should be heard. These Planning and zoning guidelines show there are 5 zones in city including A1. He felt encroachment shouldn’t occur in zones. Commercial business should not be in residential zoned areas. A crematory makes it a new business. It could cause health issues and affect property values. He felt the comprehensive plan as signed by Terry Vanderwall should be followed.
Denise Morrow stated she plans to use crematory services when she dies. She is a retired RN and lives in the area where she was raised. When you google crematories, you see mercury concerns. She submitted a handout against crematories in residential areas which was from a Tennessee planning and zoning meeting. Her elderly neighbors have talked to her about COVID-19 and they are concerned how cremation will affect their fruit trees, gardens and flowers. Based on the current pandemic and City guidelines she would like cremation allowed, but only in commercial or industrial zones.
Ed Anglesey stated cremation is going to increase as time goes by. There is an industrial aspect of it when you talk an increase in numbers. If you have 70% of 120 in a neighborhood ok, but if numbers increase and they have 1,000 deaths, would they need another unit? They should plan ahead and locate it where that could happen.
APPLICANT REBUTTAL: Jeff Blackmer stated the volume at their funeral home has not changed a lot in the 30 years he’s been involved. The total death in the county is around 160, so they will never see 1,000 deaths in a year; otherwise the town wouldn’t exist. Justin DeFord stated he can’t address much on COVID–19. They have the chemicals to protect themselves when they work with clients, which in turn protects community members.
The hearing was closed at 6:10 p. m.
DISCUSSION BY THE COMMISSION: Jeff Kutner addressed Dwight’s concerns on P&Z comprehensive plan issues. There is a vehicle written into planning and zoning regulations when something doesn’t fit in a zone, a variance or conditional use must be applied for. The notice goes to those within 300’ and the public gets a chance to address their concerns. That’s why we are here tonight. Jeff stated he was torn. As much as he likes Jeff and Justin and cremation is a good deal and his family has used it, with a percentage of the neighborhood opposed, he’s having a hard time. Even though they aren’t regulated, the emissions are really low for crematories; however it’s really a matter of perception. As much as he likes cremation, he’s having a hard time supporting it.
Kevin Asker stated during his research he found where law suits against funeral homes and crematories were filed and those that filed against the crematory had to prove contamination. They tested the plants and grass and there weren’t any contaminates. Cremation is a cheaper option and it’s pushing growth of cremations. He realizes it can be done in Lewiston but our funeral home has to pass on the cost of getting bodies there. The flip side with local cremation is the family could have the loved one taken care of here and participate and make sure they get their loved one back.
Brian Perry stated he felt they should look at it legally and keep emotion out of it. Legally he doesn’t see issues with it.
Mike felt they’ve heard enough information, both for and against, and he didn’t hear something that made him believe it couldn’t be offered.
a. The conditional use does not unreasonable impact public health, general welfare or general interest in the community. Mike Cook heard information presented on both sides, however the majority of research presented shows crematories release no mercury or harmful emissions that would cause concerns to public health. Jeff Kutner felt the information would be neutral and not positive or negative.
b. The proposed conditional use of property or structures will be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and other similar facilities which might be needed for the proposed use. The property already has a funeral home and has the services available.
c. The general neighborhood character and surrounding property values will not be unreasonably negatively impacted. They heard from local surrounding property owners and realtors and the assessor’s office that indicate there is already a funeral home and that the additional of a crematory will have little to no impact. The character of the neighborhood could change according to those that reside there.
d. The proposed conditional use will not cause an undue traffic hazard or unreasonable parking problem in the use district in which the conditional use is proposed. No change from current use.
e. There is no substantial community objection and the terms of section 10-10-3 of this chapter are incorporated herein as an additional condition to the granting of a conditional use. They heard community objection and it is localized to the area by the funeral home.
RECOMMENDATION: On motion by Dan Gautney, second by Yolanda Stout to recommend approval to the City Council for the conditional use application to install a crematory in the garage of Blackmer Funeral Services at 305 N Mill. Motion carried, Jeff Kutner, Brian Perry voting no.
Mike Cook thanked the neighbors and applicants for going through the process.
OTHER: Jeff Kutner asked the commission if they had a problem if he attended a council meeting, asking the council to adopt an ordinance that would allow P&Z to place additional restrictions or guidelines on the proposed applications. There was no objection and the commission expressed their frustration with not having the ability to place restrictions on conditional uses, even if something is already allowed by zoning. For example, they felt if a business wanted to be located in residential, they should be able to place additional restrictions on them to try to keep a residential feel.
Administrator Kennedy asked commission members to contact her if they would like a discussion item on future agendas. They did ask to have discussion of communication towers on the next agenda.
NEXT MEETING: The next meeting, a public hearing is scheduled for September 22, 2020.
Adjourn by Mike Cook at 6:41 p.m.
Tonya Kennedy – City Clerk
