Jerry Riffel of the Lathrop and Gage law firm spoke on behalf of Mullinax, first asking for approval based on the condition that the stack be placed on the south side of the building at 10 S. High street. Riffel went on to say the facility and equipment fully meets the requirements set forth by the Missouri Department of Natural Resources. As a side note, it was pointed out that the EPA does not directly govern crematories, they fall directly under rule of the Missouri DNR.
Riffel presented a letter from the manufacturer showing the equipment will be in full compliance with DNR rules and stated that in his opinion the plan is "fundamentally sound" in every aspect.
Greg Mullinax, owner, also took the floor to state that his desire is to serve the community, which includes the need for a local crematory, as transporting loved ones to a distant place for this service causes added stress and cost to family members. He also reiterated that the facility will be in full compliance and noted that he previously did not pursue a crematory as he thought equipment of the past was slightly sub standard. His belief is that modern equipment fully complies and possibly exceeds emission standards.
As the floor was open for opinion, Dr. Lindsay Henderson voiced her thoughts that a crematory is beneficial in terms of helping to eradicate certain life threatening diseases, since the extreme heat (around 1800 degrees) decimates all pathogens, unlike in ground burial.
Several opponents spoke with concerns about the operation being so close to the Butler elementary school, and its affect on air quality for students less than one bock away. Another concern was will it be the responsibility of teachers and staff to explain the cremation aspect of death to students.
It was also noted by one concerned citizen that when he as a child, the sight of a crematory had a psychological impact on him, and showed concern that it might affect nearby children the same way.
Another voiced that students know it's a funeral home and cremation is just one more way to take care of the dead. In fact, some of the children were taken to the basement of the funeral home during a storm with no complaints or concerns.
Butler resident Dave Randalls pointed out that "just because we can do something, doesn't mean we should" and that even though he thinks Mr. Mullinax has good intentions, he is concerned about emissions affecting those who live nearby. He went on to say that the EPA only goes after big offenders and the state is left to handle everyone else. Mr. Randalls mentioned that other states have hefty regulations regarding cremation and burial, and Missouri does not use the same standards.
Mark Goebel of the Mullinax funeral home spoke about his role as a licensed crematory operator. The funeral home projects there will be around 200 cremations performed each year, and each takes about 2 hours to complete. Someone from the audience later asked if it might be possible to perform cremations during 'off hours' to avoid concerns about students, and this will be taken into consideration.
Other concerns voiced that equipment manufacturers will say what ever they need to, in order to make a sale. By contrast, even though the LaCygne power plant has undergone improvements, "we still don't know what is really coming out of that stack" and it might be better to err on the safe side but not approving the crematorium.
Another opponent representing educators at Butler elementary school, presented a petition signed by multiple teachers and staff. As of last night, at least two such petitions are on record.
Possibly most the most vocal in the opposition were Jeff and Kelly Hall, whose property lies just 50 feet or so from the proposed facility. Both spoke at length about their ties and dedication to Butler along with concerns about a crematorium so close; but also about how it may negatively impact property values for not only them but others in their neighborhood. During the somewhat emotional testimonies, both of the Hall's made it clear that they feel the facility will dramatically change their lives, including their children and grandchildren who come to visit.
The Hall's presented a neighborhood petition against the crematorium. The council did point out that only 5 of the 25 signatures were valid, as the other 20 did not fall within the 185 foot rule.
Kelly Hall pointed out that they only had 4 days notice to prepare for the commission meeting, and asked the council to "do what is morally right" by voting down the crematory, stating it only betters a single business, not the entire neighborhood. She also stated that enjoying time in the back yard may never be the same in her opinion.
Jerry Riffle took the floor again and stated that he believed a thriving, viable business nearby would help (increase) property values, not lower them.
Another audience member asked why there is a need for two crematories in Butler, as Schowengerdt Funeral Chapel also applied for the same permit.
The question of zoning was also presented- it was noted that a conditional use permit allows a business situation to occur as long as all conditions are met and in compliance, nullifying enforcement of zoning for that particular instance.
Mayor Malan allowed extra time at the end of the forum to allow anyone with additional comments to come forward.
The council vote was as follows:
YES- Mike Irick, Gayle Stark, Carolyn Jett, Gayle Cook and Craig Irwin.
NO- Jim Garnett and David Brown
(Terri Agnew absent)
After the vote on the Mullinax crematory, a public hearing was opened regarding the same permission for Schowengerdt Funeral Chapel to operate a crematory at 1301 N. Business 49 in Butler. Owner Gary Schowengerdt took the floor, thanking the council for their consideration and noted that during his application, an error regarding zoning for his location was corrected. There were no public comments on the matter and the council voted to grant approval.
