I was unable to attend last night’s village board meeting, but I was able to watch it from 700 miles away. It went as expected: It passed, as most things do that benefit Meyer Material. Even though she voted yes, Trustee Weinhammer admitted that working with Meyer Material was a horrible experience. Trustee Covelli was the only one to vote no, but admitted that none of the options were good.
Only the mayor, Trustee McAlpine and Trustee Collier seemed generally pleased about the deal. Their attempts to spin it into something else was laughable.
So, in a nutshell, here is what the deal does.
1) Meyer will give over the land to Cary, with an additional 6 acres thrown in for good measure.
2) Meyer will retain future mining rights on that land for minerals located below 200 feet
3) All fees and penalties that Meyer may have will be waived
This section of the meeting started off with a list of all of the fees and money Meyer has already paid the Village. They talked about the sidewalks and the money given to 130 households in Fox Trails. It was an amazing display of pandering to Meyer. They did not mention the fact that the only reason Meyer did that stuff is because of the fight we in Fox Trails have been waging since 2007. Meyer did not give that stuff to the Village out of the goodness of their heart. Not even close.
Much of the true history was not even mentioned: how Meyer missed the deadline on the first conditional use permit. How certain members of the board changed the rules so that Meyer could reapply for a permit extension after the Board voted no. How Meyer missed the last deadline and has not paid penalties to the village as per the last permit. How we have gone from a paved path to a gravel path. How the original plans included trees along the banks of the lake that are now just grass.
A couple of Fox Trails resident outlined their concerns about Meyer having future mining rights and how Meyer will not be paying the fees that it owes.
And here is where the comedy occurred:
The Mayor, in full Meyer cheerleader mode, claimed that they weren’t actually giving them mining rights but the “right of first refusal.” What? Of course they have the right of first refusal because the board gave them the “exclusive” rights to the minerals located more than 200 feet below the surface. By phrasing it this way, the Mayor is making it seem like Meyer has no interest in whatever is left below the surface. If that is the case, then why are they insisting on future mining rights and will not turn over the land without it?
Then, the Mayor further convoluted things by saying that just because Meyer has the right to the minerals, they still have to go through the approval process and they can be denied. Here is where I laughed out loud. First of all, you never say that to a Fox Trails resident who has seen board after board vote yes on the things that Meyer has asked for. History tells us that if Meyer came next week to request the right to mine, the Mayor would be the first to grant it. After all, it was the mayor who pushed through the vote to allow Meyer a second chance at an extension when both the Zoning Board and the Village Board voted no a couple of years ago, and then changed the makeup of the zoning board to assure passage!
Then McAlpine provided the next bit of comedy. She, for reasons that make no sense, claimed that Meyer forgot to include that “future mining rights” clause in the last deal and that Meyer would not give us the land without future mining rights. That’s like allowing a burglar back into your house because he meant to take the tv but forgot. Meyer forgot? Please. If anything I have learned over these 12 years is that Meyer knows exactly what is is doing. And nothing is done without calculation.
Even if they did “forget,” why not make them pay for it? I think future mining rights is worth more than 6 acres of land.
As for fees for not finishing on time? Well, that all depends on how you define finished. Meyer was supposed to have everything ready for transfer by June 1, 2018. However, there were a few things that needed finishing, but according to them they were finished. But they weren't. So they would have owed Cary upwards of $200,000 in penalties. However, to be fair, the Mayor acknowledged this and admitted that going into litigation for $200,000 would cost more than fees themselves. Fair point. Basically, Meyer refuses to pay. Which only goes to show what kind of company we have been dealing with here. Imagine if you were selling your home and weren't ready by closing. What would happen to you? Those rules have never applied to Meyer Material Company.
Don’t get me wrong. I am happy that this phase is over. What the future holds, I am not sure. I can tell you this, though: what we have is not Three Oaks. The Village has admitted that. The money that is in the conservancy fund to maintain the park is not infinite. The Village has no experience running a park like this. The money will quickly fade.
And who will pick up the tab?
That being said, I'll most definitely walk around that lake when it finally opens this Fall. Recently, on Instagram, a young Foxtrails resident posted a picture she took of the lake and it looks beautiful.
At least we have that going for us.
