Eagle Pass Citizens Await City’s Response to Crematorium Complaint
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
Eagle Pass residents attended the Eagle Pass City Council meeting held on Tuesday, April 7, 2015, to continue their concerns and complaints regarding the construction and opening of a human crematorium at a local funeral home located at 2343 El Indio Highway inside the city limits of Eagle Pass, awaiting a written response from the City Attorney, Heriberto Morales of Langley & Banack, on the status of the City’s investigation concerning the permit processing of this controversial hazardous business within the City of Eagle Pass.
At issue are whether the proper permit procedures were followed by the local funeral home, the City of Eagle Pass Administration in permitting the construction of this facility within the city limits, did the City of Eagle Pass give proper notice to the City residents of this construction project, and whether the state requirements under the Texas Commission on Environmental Quality (TCEQ) have been adhered to.
During the Citizens Communication Agenda, Eagle Pass residents Alma Soliz and Ramon Soliz addressed City Council regarding the Executive Session Agenda Item No. 25 legality concerning consultation with Legal Counsel Morales in private executive session instead of in public open session.
Eagle Passan Alma Soliz told City Council: “One of the things that I would like to ask of you, is this a matter that still needs to go to executive session or would this be something that could be discussed in public? We are also still waiting for a legal response. We have not gotten a legal response from the City Attorney. I’ve made several attempts to contact the City Manager, always in meetings and I understand she is a busy lady. The last thing I would like to bring up is E-Mailing, it is so convenient, so easy. I E-mail and I don’t get a response. We are out on a limbo and we’re hoping that by today we will be able to have some response. If not, at least is there a window that the City Attorneys have for a response for us. Kind of to clarify procedures for us because we are not getting them from Administration and hopefully we will get it from here.”
City Council went into executive session to discuss eight agenda items including agenda item No. 25 regarding consultation with legal counsel on a response to citizen complaints regarding crematorium.
After a lengthy executive session, the City Council returned into Open Session and Mayor Ramsey English Cantu asked if any Council member had any motions to make.
Mayor Pro-Tem Luis E. Sifuentes motioned that Legal Counsel to finalize certain adjustments made in executive session and then execute the City’s response letter to the citizens regarding the crematorium. Council member Rudy Villalpando seconded the motion. The motion was approved unanimously.
Councilwoman Gloria E. Hernandez addressed Legal Counsel Heriberto Morales as to a time frame for response to the citizen’s concerns. “Mr. Morales, I know that there are some people here waiting on that response do you have an idea when you will be sending it?” asked Hernandez. “The letter will go out tomorrow. It’s just a matter of addressing the red line changes which are short and for sure you will have a letter out tomorrow,” said Morales.
Hernandez then asked how it was to be delivered. “It will be going out by certified, regular and e- mail also.” Added Morales.
Eagle Pass citizens raised their concerns regarding the construction of a crematorium adjacent to a densely populated residential neighborhood and near public schools to City Council at a February 19, 2015 City Council Meeting, complaining that the crematorium will discharge into the air toxic and hazardous mercury and other chemical emissions and that they had never been notified of the construction of this crematorium adjacent to their residential subdivision.
Mayor Cantu and Councilwoman Hernandez met with the City residents at a town hall meeting to hear and take note of the resident’s complaints regarding the crematorium. Residents raised concerns regarding the toxic emission of mercury into the air in a residential subdivision with children and elderly citizens living immediately within the crematorium, the City failed to provide the residents notice of this construction project, and questioned whether the local funeral home and/or City of Eagle Pass followed proper local, state, and federal procedures regarding the permitting of a crematorium.
The City residents wrote a complaint letter to the City of Eagle Pass on February 27, 2015, expressing their concerns. City Council ordered Legal Counsel to reply to the residents’ February 27th letter at their March 17th meeting.
The local funeral home has told the Eagle Pass Business Journal that they have complied with all necessary legal and regulatory requirements from the Texas Funeral Service Commission, Texas Commission on Environmental Quality, and the City of Eagle Pass.
The local funeral home opened for business on September 9, 2013 at this El Indio Highway location in Eagle Pass.
The Eagle Pass Business Journal reviewed the City of Eagle Pass Planning Department permit for the addition of a crematory at the 2334 El Indio Highway location and it shows the City received the permit application on December 12, 2013, three months after the funeral home had opened for business. The application shows the construction of a crematory. The City of Eagle Pass Planning Department processed the December 12, 2013 application on May 5, 2014, almost five months since its filing.
The Eagle Pass Business Journal reviewed the local funeral home crematory permit application at the 2334 El Indio Highway location with the Texas Commission on Environmental Quality and it was submitted with TCEQ on April 28, 2014. TCEQ requires applicants of a crematory permit first apply for the TCEQ permit before any other action such as a building construction permit is done.
The Eagle Pass Business Journal reviewed 27 Eagle Pass City Council meeting agendas from 2014 and 2015 and found no agenda item regarding the crematory issue.
The Eagle Pass citizens also raise a concern of not receiving any public notice from the local funeral home, the City of Eagle Pass, the Texas Funeral Service Commission, and the Texas Commission on Environmental Quality regarding the construction and permitting of the crematorium, denying them due process.
