Meyer Zoning Board Meeting, Thursday February 11

Thursday night is the night Meyer Material Company will stand in front of the Zoning Board to make their case for a time extension to thoroughly clear the pit of any remaining gravel. Although mining operations were to stop this year, Meyer wants the mining to continue for two years, with one year for "restoration" of the land.

The meeting is being held in at the Holiday Inn in Crystal Lake at 7:30 (February 11, 2016). This is the best opportunity to let the Zoning Board publicly know of your feelings in regard to this matter. The Zoning Board will make a "yes" or "no" recommendation that evening, so your voice is essential.

Here are some key points to consider:

• If Meyer does not get the extension, Cary still gets a lake, an asphalt path around that lake and a small parking lot with access via Klasen Road. The lake will be only slightly smaller than the original plan.
• Many people assume that this land will be like the Three Oaks facility in Crystal Lake. It will not.
• Meyer will continue paying the Village impact fees, but they have not offered anything to the residents of Fox Trails.
• Meyer signed the original deal in 2008 and agreed to hefty monthly penalties if they did not finish mining by 2016.  Meyer does not want to pay these fees, so they simply want to extend the time frame. Should Meyer not pay penalties for breaking the contract? If you or I were to break a contract or not meet a deadline, there would be consequences we would not be able to brush away with a two-year time extension.
• Also, let us not forget that Meyer Material is owned by Aggregate Industries, which is owned by the large Swiss-based multinational Holcim, ltd. They make over $15 billion a year.

The fact is this: the Village likes having Meyer. As was stated at a previous Village Board meeting last summer, Meyer's impact fees make a "significant" part of the Village budget. What has the village been doing with this money? 

If Meyer were to get this extension, we should ask for something in return; something that would particularly benefit the residents of Fox Trails. Now Meyer did pay some of the residents through a homeowner's assistance program. Should that be reinstated?

Think about it.

Let the Zoning Board know. 

Your comments at the Zoning Board will go into the public record and will be available for the Village Board when they make their decision, which will most likely be in March or April.

The meeting begins at 7:30.

Hope to see you there.

What about that Lake?

In the recent letter sent to Fox Trails residents, Meyer claimed that they wanted an extension in their mining operations in order to "expand the lake as much as possible."  That misleading statement is meant to convey the idea that the purpose of the gravel pit is to make us a nice lake. This is a gravel pit first and foremost.  Meyer is in the aggregate business and is owned by Holcim, Ltd. headquartered in Zurich, Switzerland. The annual profits of this conglomerate average around $15 billion or so.

Due to various reasons, Meyer will not be able to finish mining gravel by the June 2016 deadline. In order to avoid paying the agreed-upon penalties of $100,000 a month, Meyer wants to extend the contract through 2020, with mining continuing until June 1, 2019 and restoration finished by June 1, 2020.

The picture below is the most recent Google Earth image of the gravel pit, taken in June, 2015. Rollover the image with your mouse to see some details about the gravel pit and the areas still left to mine. The area that still needs to mined is directly adjacent to the Fox Trails subdivision.
         

But what about that lake?

Originally, Meyer stated that the finished lake would be about 94 acres. But, due to the problems they have had with overburden, the new estimated size will be around 89-90 acres.

If they do not get the extension, Cary still gets a finished lake, but it will be around an estimated 76 acres or so with more land around the lake.

Roll your mouse over the image below to see the roughly estimated sizes of the shoreline.



What does Cary get out of this when all is said and done?

When the mining operations are finished, Meyer will present Cary with a lake. There will be a multipurpose path around the lake and a small parking lot located off of Klasen Road in the village of Algonquin.

The banks of the lake will be seeded, like they have already started doing in 2015. Below is an image of the western portion of the lake and the bank that was seeded early last year.

This is more of what the banks will look like when completed. This is a view of the south eastern portion of the lake that was one of the first areas to be finished a couple of decades ago.

A multi-use path will be built around the lake, regardless of its final size with a small parking lot located in the south east portion of the property. This is the original proposal of what the lake and grading will look like, as presented by Meyer:

Many residents outside of Fox Trails believe that this is going to be a recreation area on par with the recently opened Three Oaks Recreation Area in neighboring Crystal Lake.  I hate to disappoint people, but this is not the case.

First of all, the village of Crystal Lake spent $14.37 million converting a portion of that former gravel pit into a recreation area. Although nothing has been decided as of yet, the Village of Cary and the Cary Park District will have to work out a plan. Anything beyond what Meyer deeds to the Village of Cary will be costly in terms of upgrades and maintenance. Plus, as half of the property is actually located in Algonquin, rights and access will need to be negotiated between the two government bodies.

Here is what we need to find out:  Meyer has paid the Village of Cary $250,000 a year in impact fees since the start of the mining operation for a total of $2.5 million (and an additional $2 million total to a Land Conservancy fund). What has Cary done with that money from impact fees?

During the July 7, 2015, board meeting, Trustee David Chapman admitted that the Meyer payment is a "significant portion of the Village's budget."  So where has that money gone?

Based on this alone, I am convinced the Village will grant the extension just in order to gather those impact fees for a few years more.  But what do we, the residents located next to the pit, get?

Four more years of dust and noise, to be sure.

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The Zoning Board and Appeals meeting is set for Thursday, January 28.

Meyer Material....Round 3

Meyer Material is presenting their annual review at the Village of Cary board meeting on Tuesday, July 7, 2015.  This review is going to set-up a request by Meyer to get an extension on their conditional use permit to continue mining until 2019.

According to the conditional use permit that Meyer agreed to back in 2008, they would mine next to the Fox Trails subdivision until June 1, 2016.  Any time over that deadline, Meyer would be subjected to $100,000 per month fine.

The fact of the matter: Meyer can't finish and doesn't want to live up to its end of the bargain.

They tried this back in 2012 and, after not receiving the blessing of the zoning board, they withdrew the petition.

Since then, Meyer Material has not added additional equipment or workers to get the job done in time and is just expecting to get the extension.

Back in 2012, Meyer claimed the economic downturn made it impossible for them to finish in time.  Now, they are claiming that in addition to the economy, there are two more reasons why they can't finish in time:

• "Unanticipated overburden volumes." In other words, too much dirt on top of the gravel.
• "Operational hours." This is great. They are complaining that the agreement they made to mine during the week from 7:30 am to 7:30 pm has placed too much of a burden on their ability to complete the mining in time.

Should the residents of Cary be responsible for the business decisions of Meyer Material? They supposedly did core samples of the overburden back pre-2008.  Did they not do enough? If they couldn't get the mining done during the time allotted, why did they agree to the permit in the first place?

Also, we have to remember that Meyer Material is owned by Aggregate Industries, which is owned by Holcim, Ltd.  Holcim is a multinational corporation headquartered in Switzerland and operates in over 70 countries.  In 2013, Holcim's revenue was over $16 billion.

In its presentation to the board, Meyer Material will claim to be a "good corporate citizen." They'll talk about giving science tours to kids and maintaining Cary parks.

It all comes down to this: Meyer Material (aka Holcim, Ltd) doesn't want to pay its fines and has threatened to walk away from the site leaving it as is.  This is not an example of a "good corporate citizen."

In the end, Meyer should live up to its original agreement and pay the fines they agreed to back in 2008.  If they break it, they should be sued for breach of contract.  All of us have been affected by the economic turndown but we can't simply change the terms of our mortgages. Neither should Meyer.

In addition to wanting an extension to its mining operation, Meyer is also asking the Village for a reduction in the amount of credit they need to provide for Land Conservation and the Impact Fees. Why they want this is unknown. Click here to see the documentation.

As the Village ponders the requests Meyer is making, these points need to be considered:

• What's to stop Meyer from asking for another extension in 2019?  And another after that?
• If the extension is granted, will Meyer be financially penalized for not living up to the deal? Getting extensions should not be a rubber-stamp. 
• Since 2008, the Consumer Price Index has increased about 9%. Therefore, the $250,000 that Meyer pays the village every year is no longer worth $250,000.  This should be addressed.
• If Meyer is threatening to walk away from the site if it doesn't get its way, why lower the amount in the letters of credit? Shouldn't the Village better protect itself from that action?
• Originally, Meyer stated that they need two years to reclaim the land and turn it into a park. Now, they say they can do it in a year.  How so? Why can they speed up that process but not the mining?

As we stated back in 2008, Meyer was never going to live up to this deal in the first place. We said that over and over again. A quick scan of news headlines indicates that this is a common occurance in the gravel industry across the country.

It is time to stop caving into the desires of a multinational corporation. It is time to hold them accountable.

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If you would like to view the Meyer presentation, click here.

If you would like to read the original agreement, click here.

Meyer will be presenting this information at the Village Board meeting on Tuesday, July 7. The meeting begins at 7:30 pm.

In the meantime, let your Village Trustees know what you think about the matter. You can send a message via Cary Connection on Facebook, or email them directly.  Be aware that many village trustees do not use village emails, but their own personal email accounts in order to not be required to keep a paper trail.  So it is recommended that you save any correspondence you may have with Village trustees.

Mayor Mark Kownick (mkownick@caryillinois.com)
Trustee David Chapman (dchapman@caryillinois.com)
Trustee Jim Cosler (jcosler@caryillinois.com)
Trustee Kimberly Covelli (kcovelli@caryillinois.com)
Trustee Duane (Rick) Dudek (rdudek@caryillinois.com)
Trustee Jeffery Kraus (jkraus@caryillinois.com)
Trustee Ellen McAlpine (emcalpine@caryillinois.com)

Meyer is given 6 extra months to study for the test...

So, this is not much of a surprise:  Meyer was granted a 6 month extension in order to make their case before the Village Board.  That's right:  6 extra months.  And you know when that meeting will most likely be?

July 3.

Yes, there is a board meeting on July 3 and Meyer now has to that meeting to plan for their presentation to the Village.  And what better time to ask the board to give them the ability to forgo paying fees to the village and mine an additional four years than the day before a national holiday when many residents will not even be in town?

Here's how the meeting went down:

First of all, the Village Administrator apologized for the "oversight" in not posting the agenda online.  Of course, I explained in the public comment section that this was not just an "oversight," but a pattern.  After all, the minutes from the December 6th meeting are still not available.  The Mayor later blamed this on the "archaic" website and not the people running it.  (For this website, I simply use "Google Docs" and can have things online---in any format---in a matter of seconds.  And its free.  Apparently, the Village of Cary hasn't heard of a thing called "google.")

Then, the mayor brought up for a vote the proposal to grant Meyer an additional 6 months extension.  Even though the Zoning Board made their recommendation, not all of the trustees were at that meeting and apparently hadn't read the report.    And it was clear that many did not know that they had 60 days to act on Meyer's proposal.

Sixty days would be January 10.  And, the mayor explained, with the "holidays and everything" there just wasn't enough time to plan that meeting.  Especially since they would have to get information out to the residents and post the meeting in the newpaper.

It was like the holidays snuck up on them.  

And then Mike Coppedge, this so-called lawyer our tax dollars pay for, decided to amp things up a bit by scaring the trustees to vote in a particular way.  He said that Meyer as the "petitioner" has a right to a fair hearing in front of the board.  He said that if they failed to grant Meyer the extension, then they would have to vote on Meyer's plan that night.  And that would not have been "fair" to "Meyer or the residents," he said.

So the vote was taken.  Chisholm voted yes.  So did Kaplan and Kraus.

Lukasik, Bragg and Dudek voted no.

Mayor Tom Kierna, Meyer Super Fan

It was a tie.

And here is the best part:  Coppedge then made a dramatic gesture to the Mayor, waving his arms in the air to attract the attention of the person taking roll, apparently intent on making sure that everyone knew the mayor had the tie-breaking vote.

Calmly and with a slight smile, Kierna voted "yes."  Done and done.  On to the next order of business.

Once again the residents got screwed.

Happy New Year, everyone.  See you on July 3rd for the next round.

Not over yet......

Last night's unanimous "NO" vote for the Meyer time extension is good news to be sure.  Dozens of concerned Cary citizens spoke out against the extension.  In fact, other than the completely irrational and inappropriate outburst by Joe Tournier, it was a calm meeting.  People were determined and spoke forcefully.  They knew that they had the moral upperhand:  Meyer had signed a contract.  End of story.

But it is not the end of the story.  This vote was just a recommendation, that is all.

Meyer can (and most likely will) bring the petition to the Village Board in the coming weeks.  The Trustees of Cary will have to make a decision.

Last time, Mayor Lamal worked out a deal with Meyer that resulted in the pit.  I have a feeling the same thing will happen.  Mayor Tom Kierna sees Meyer as a "good neighbor." After all, Meyer was awarded the 2009 Community Relations Award.  And the mayor was there to pose with them.

Tom Kierna (Left) poses with representatives from Meyer Material after being awarded the 2009 Community Relations Award.

Stay tuned.  This is not yet over.

This is what Meyer does.

Here comes the Meyer Material sob story.....Get your Kleenex.

In June, Meyer Material went to the Village Board and presented the company’s annual status report regarding their operations in the Village of Cary.  Spokesperson Randi Wille set up the entire argument that Meyer will be making to the zoning board on November 10: he said that this past year has been a “challenge” for Meyer Material because of the “weak economy.” 

There it is:  Meyer Material is experiencing some problems in this economy, therefore they need more time to extract the gravel from the land adjacent to Fox Trails.

Here is what he is not going to tell you:

1.     Meyer Material is owned by Aggregate Industries, which is owned by Holcim, LTD.  This is the second largest producer of concrete in the world.  They employ over 80,000 people worldwide and operate in more than 2,500 locations in 70 countries.

2.     This is a foreign corporation, headquartered in Switzerland.  

Holcim LTD is not hurting, despite what will be stated at the meeting.  Let’s look at their profit over the last couple of years:

Net Income for Holcim, LTD (taken from the 2010 annual report):  

2009            1.958 billion CHF  ($2.27 billion US)

2010            1.621 billion CHF  ($1.88 billion US)

Yes, they lost money from 2009 to 2010.  But, so far in 2011, Holcim has seen a 29.7% increase in profit for the first half of the year and they are set to surpass their 2009 performance. (Source)

How many of us can say that?

The CEO of Holcim is Markus Akermann.   In 2010 he made 8,713,996 CHF (source).  That is equal to over $10 million US.

And they want to continue mining in Cary for another 6 years? 

That’s another six years of low property values.

That’s another six years of dust and noise.

That’s another six years before they come to the village again with another request to extend mining operations.

You can see that coming, right?  When will it stop?

Meyer Material wants to change the agreement they made with Cary in 2008.  Yet how many of us can change the terms of our mortgages so that we don’t have to pay a penalty?  How many of us would like more time to pay off loans? Try calling your credit card company and asking to be free from the penalty that you will be receiving because of a late payment.  How sympathetic would they be?

Here is what needs to happen:

Meyer needs to finish mining by June 1, 2016.  If they can’t do it, then they need to pay the $100,000 penalty per month beyond that date.

End of story.  They signed an agreement.

If they don’t want to do that, here’s a novel idea:  hire more workers and get it done in time.  Then, if they can’t sell the material at the moment, store it for a later date.  After all, gravel doesn’t go bad. 

See how easy that was.  And I don't make $10 million a year.