Meeting of the Planning and Zoning Commission held July 28, 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
Members absent: Don Kissinger
Brian Perry
City Staff: City Administrator Kennedy
The meeting was called to order by Mike Cook at 5:35 p.m.
APPROVAL OF MINUTES: On motion by Jeff Kutner, second by Dan Gautney to approve the minutes of June 23, 2020 as presented. Motion carried.
APPLICANT PRESENTATION: Justin DeFord and Jeff Blackmer, Blackmer Funeral Services, were both present with DeFord doing the presentation. DeFord stated if their application goes through, they would be Idaho County’s first crematory. DeFord stated they have on average 120 cases per year with 70% cremation. There is no crematory in Idaho or Lewis County. Currently, they transport to Lewiston which adds on average two trips per week. They would like to install a crematory in the garage of the existing funeral home. The unit is fueled by propane and closely monitored and regulated. They would like to have it installed by end of year. There is no smoke and no smell and burns at about 1800 degrees. EPA and DEQ have a tight leash and monitor emissions.
Yolanda Stout had concerns about the smell as she has allergy concerns however they were already answered during the presentation. She asked if costs would go down for clients and DeFord responded costs are yet to be determined. She asked if he has seen them being used. DeFord stated yes. They can be logged into remotely when necessary. When you buy the unit from the company, you get trained on the unit. Stout asked if the unit had an emergency shut off valve. DeFord answered yes.
Jeff Kutner asked if they would accept bodies from other funeral homes. DeFord stated there is another funeral home in Kooskia and they hope they would provide the service for them. If other funeral homes would like to use them, that would be ok. That would provide for about 120 cases of cremation between the two funeral homes. Kutner went online and couldn’t find any EPA or DEQ regulations for Idaho. DeFord stated Idaho is lenient on emissions but the Oregon manufacturer has higher regulations to meet. It must meet emission standards but not for DEQ or EPA. Kutner stated he had to tell someone he couldn’t talk about the application and that they needed to come to the hearing. Chairman Cook stated he had the same situation.
Kutner questioned if the unit had a catalytical converter. DeFord stated this unit has an after burner. In the primary chamber it burns between 1600-1800 degrees and in the after burner 1800-2000 degrees. Stout asked if it retained all the ashes. DeFord stated the ash gets burned away.
Chairman Cook asked if there is a frequency of compliance reviews. DeFord stated in order to operate a crematory you have to be funeral home and both DeFord and Blackmer have a mortician license. They need to keep logs and records.
STAFF PRESENTATION: City Administrator Kennedy reported all notices of hearing were delivered and published as required.
WRITTEN CORRESPONDENCE: Jim and Kathleen Vopat, 316 E North 2nd stated they give their consent for Blackmer’s to do this.
SUPPORTERS: Dennis Tracy was present as a representative of Trinity Lutheran Church, 210 N Mill. They announced the proposal in church multiple Sundays and had no one against the application. They had multiple, positive feedback from parish members. They like that it would be a local service and they support the application. Tracy stated as a health care provider, he felt it was a good addition to the community.
NEUTRALS: none
OPPONENTS: Dwight Morrow 331 E North 2nd was concerned about the lack of regulations. He called DEQ in Lewiston and spoke to Melissa with air quality and she said the State of Idaho has exempted crematories, so it’s up to the operator how it is operated. He saw one in Lewiston and it does emit a smoke or vapor. The proposal is within 50’ of his property. He doesn’t feel it’s the proper place for it. As far as maintenance, it’s up to the operator. Will they monitor and do maintenance? Will someone come around to clean or inspect it? He doesn’t feel it’s good for the community. They have some new neighbors in area that are sprucing up properties, kids are playing outside and if you put an industrial unit in, it may reduce property values. He can’t say what it may do to someone’s heath. Since it’s not regulated, he is concerned.
Dylan Vogt, 320 E North 3rd lives about 100 yards away with his wife and three kids. If approved, he felt it would be very disappointing to himself and the community. There is strong scientific data that crematories produce dangerous pollutants are linked to many serious health problems, especially for children. The pollutants include mercury, dioxins, sulfur dioxide, nitrogen oxide, hydrogen chloride based upon an EPA study from 2010 he found. Mercury is the most dangerous and becomes vaporized into a colorless, odorless gas and according to the study, even the newest units can’t filter them from the exhaust. According to EPA, mercury can’t be filtered out. Mercury is especially dangerous to the whole community in its heated form because when it’s inhaled it’s absorbed quickly into the blood stream and carried to the brain and other organs. According to EPA, there are no state or federal regulations under the Clean Air Act restricting mercury emissions from crematoriums. In a Texas study, researchers found those in close proximity to sources of mercury releases were directly associated with increased learning disabilities, autism and special education rates. The financial issues to consider are that property values could go down which would decrease the property taxes collected for the City. Vogt also had multiple questions he read off.
1. Where does toxic waste your filtering device collects during the cremation process go?
2. Are there limits to the amount of commercial expansion allowed on the permit?
3. Are there any environment impact or property value impact studies done regarding installing at crematory at this location?
4. Are there building height restrictions for the residential garage being built or does it not apply?
5. If allowed to be built on the property, is there a limit on future expansion in the residential area.
6. Why not use the abundant land outside of town to do this?
7. Are there benefits to the community from its construction compared to the funeral home benefiting directly.
8. Why did it take so long, over two weeks, to be distributed to residents by certified mail?
Vogt questioned why it took two weeks for the public notice to arrive. He felt it could have been intentional to prohibit time for research.
Ed Anglesey 314 N Florence has the understanding this area is residential zoning. He is concerned that a business may have an expanded use in residential and felt residents shouldn’t have to fight to keep the area residential. Kennedy explained zoning, including the conditional use process that allows applicants to go through the process. Blackmer Funeral Services was here tonight because they want to expand their business and are required to go through the process. He didn’t like that business can talk to residents and be able have businesses in residential areas.
He talked to people around two crematories in Lewiston. None of them he talked to were within 100’. Most of the residents around them were assisted living facilities. There were some businesses and he asked what they thought. The receptionist said she didn’t even know if it was operating unless they saw the vapors. He didn’t know if that meant anything other than they do know when the unit is operating. He talked to another person that works there and he didn’t know it was running. They talked about smoke but didn’t talk about noise? They don’t want noise. By accepting bodies from other funeral homes, he wondered how many bodies would be going in each day. He felt they should buy property outside of town to install it. He was also concerned if you could log in remotely, maybe the system could be hacked.
Mathew McPherson, owns a rental house at 323 E North 2nd. He is worried about real estate values, but he didn’t research maintenance, machine or safety standards. It is a residential area, so what would be the resale value and would people want to live there. He felt it affects the residential area and since it’s commercial, it shouldn’t be there.
APPLICANT REBUTTAL: DeFord explained both Blackmer and himself are licensed through the State of Idaho as morticians and they are regulated that way. The crematory unit is inspected annually to make sure everything is operating correctly, that the logs are kept and they are doing their job.
DeFord stated the unit would be installed in the existing garage. The only visible item would be a small stack on the roof. It is no louder than hearing an AC unit outside. Lewiston uses a 1980 model. This new one has a lot of updates. It has a digital monitor and shows all emissions. This is a brand new 2020 state of art unit. As far as mercury, it isn’t used much anymore in dental fillings and is in minimal amounts. It should be burning it all away. There is not a big black area of smoke; all you should see is vapor. The cremations would vary based on the number of deaths. Most cremations will occur while on they are onsite. The cremation process is a 2-3 hour process. As far as real estate values, he doesn’t what will happen with them. It is a great neighborhood and they are not going to put anyone in danger. It burns so hot there should be no harm or emissions to neighbors.
After City Hall created the public notice, DeFord picked up the paperwork and then worked on notifying as many neighbors as possible in person. It takes a long time to walk around and try to catch a neighbor at home. After they were able to provide notice to as many people in person as possible, the remaining letters were sent out certified mail. DeFord felt the possibility of hacking into the system would not happen. DeFord stated if a crematory was already installed in the garage, most people wouldn’t know it was there. It is a self-contained unit. Installing the crematory is not about money. It is about taking care of families and providing comfort to local families that they actually received their family member back. The families can watch their loved one enter the unit and know it is them without a doubt. This is an extra service.
DeFord then addressed the questions submitted by Vogt, with Administrator Kennedy answering the questions necessary of city staff.
1. The after burner sits on top the unit. The primary chamber is where the body is place for cremation, then the secondary chamber is where the smoke dwells and burns out to clear. The unit is inspected annually and if something goes wrong, the unit is shut down and they would call support to have it fixed. DeFord was questioned if the bones were chopped up in this same unit. DeFord stated after cremation, a skeleton is left as the bones don’t burn. The remains are swept into a pan and put in a vented processing station which pulverizes the bones. It is a separate unit that would be in the garage too and the dust is contained in a filter in the unit.
2. Administrator Kennedy stated the City Code has zoning requirements for commercial expansion in residential areas and explained that was the reason Blackmer Funeral Services were going through the conditional use process. The scope of services changed, requiring them to go through the conditional use process.
3. DeFord stated it burns hot and clear and there is no harm. As stated before he couldn’t speak toward property values.
4. Administrator Kennedy stated the City does have building height requirements that are reviewed prior to issuing a building permit.
5. Administrator Kennedy stated if they want to expand or change their use in the future, they would need to go through the conditional use process again.
6. DeFord stated they don’t want to have to transport the body from location to location. They would like it located on the site they own.
7. As previously stated, installing the crematory is not about money. It is about taking care of families and providing comfort to local families that they actually received their family member back. The families can watch their loved one enter the unit and know it is them without a doubt. This is an extra service.
8. DeFord addressed this above. Kennedy stated the applicant came in and picked up the information and started notifying those within 300’ as provided, using the in-person delivery method before certify mailing the remainder. Kennedy provided the applicant with a deadline to have all the information back and they were in compliance with the necessary dates.
The hearing was closed at 6:34 p. m.
DISCUSSION AND RECOMMENDATION: Yolanda Stout stated a lot of her questions were answered on testing, smell, odor and burning. She is worried as she has asthma and is on oxygen but she would like to research more and is not prepared to make a decision.
Jeff Kutner felt for those that live next door. Justin talked about regulations but there really aren’t any in Idaho. There is mercury in the vapor that is released. There is mercury in amalgam fillings, which only stopped being used about 10 years ago. He can sympathize with those against it and also with Jeff and Justin.
Dan Gautney stated he is ok with it and didn’t need any extra time.
Kevin Asker had no other questions. He heard very good testimony. It is a complex issue and he would like to do research on property values.
Discussion occurred on tabling the decision until the next meeting so additional research could take place. Kennedy recommend doing a continuing the hearing at the next P&Z meeting. This would allow the commission to do individual research and then come back and provide that information for the public record. Anyone in the public could also comment and provide new information at the continued hearing.
On motion by Jeff Kutner, second by Yolanda Stout to move to continue the hearing to August 25th at 5:30 pm. Motion carried, Dan Gautney voting no.
PUBLIC HEARING #2 ON THE CONDITIONAL USE APPLICATION SUBMITTED BY RAWANDA GOEHRING: The hearing was opened at 6:47 p.m.
APPLICANT PRESENTATION: RaWanda Goehring is buying property at 215 N Junction that has two houses on the lot. One house is a one bedroom she would like to use for a real estate office and then she would live in the 2-bedroom house. About 85% or more of their business is done outside the office. They usually meet customers onsite; however, some clients want to do paper copies and they need a place to meet for some issues.
Jeff Kutner asked how many clients would be on site? Goehring stated about 3 or 4 per week.
Yolanda Stout asked what kind of parking she has. Goehring stated they have parking in front of the one bedroom and their house too and there is parking across the street. It could easily accommodate 2-3 clients.
Kevin Asker asked if they needed to do any to the building. Goehring stated they are cleaning it out and sprucing it up. They want to make it look nice and have a discreet sign stating Central Idaho Properties.
STAFF PRESENTATION: City Administrator Kennedy reported all notices of hearing were delivered and published as required.
WRITTEN CORRESPONDENCE: none
SUPPORTERS: none
NEUTRALS: none
OPPONENTS: none
APPLICANT REBUTTAL: none
The hearing was closed at 6:51 p.m.
DISCUSSION AND RECOMMENDATIONS:
a. The conditional use does not unreasonable impact public health, general welfare or general interest in the community. None
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 services available.
c. The general neighborhood character and surrounding property values will not be unreasonably negatively impacted. None noted.
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. As explained the property has plenty of parking for 2-3 clients at a time.
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. No.
DISCUSSION AND RECOMMENDATION: On motion by Dan Gautney, second by Yolanda Stout to recommend to the City Council approval of the conditional use request by RaWanda Goehring, 215 N Junction. Motion carried.
COMMUNICATION TOWERS: Discussion occurred about communication towers in Grangeville. Kutner felt maybe it needed to address private or personal use not business use. Do we really want towers throughout the City? Another suggestion was to maybe only allow one tower or antenna per property. There was discussion on how someone would know if internet on a tower was transmitting or receiving and who would enforce it.
Administrator Kennedy stated these are the types of things P&Z should be discussing at their meetings when they don’t have hearings. They could pick sections of the zoning codes and look at suggestions for updating them and making sure they are current with the times.
Kutner would like to have an ordinance change stating on special use permits P&Z could place more restrictive limits than what is allowed in city code.
NEXT MEETING: The next meeting is August 25, 2020.
Adjourn by Mike Cook at 7:30 p.m.
Tonya Kennedy – City Clerk
