We Unite Cary for What?

So Ellen McAlpine is heading up a slate of candidates for the Cary Board election. She has joined forces with Dale Collier, Jr. and Sean Wheeler and they call themselves "We Unite Cary." Not quite sure what that means, but okay.

Truth be told, I know nothing about Dale Collier or Sean Wheeler.  However, the fact that they've teamed up with McAlpine and have publicized the endorsements of a slew of people who have been responsible for uniting Cary not with constituents, but with the interests of a multinational corporation that has done nothing but walk all over the village should say enough.

Let's see. It's the same old story. Over the last twelve years (and it goes back further than that), Meyer Material has manipulated the board. It has disregarded the contract. And currently it is holding the land that it was supposed to give back to Cary last June hostage, because it wants to continue to have mining rights on that very land.

And McAlpine, Collier and Wheeler enthusiastically went on a "field trip" a few weeks ago with Randi Wille, the Lefarge/Meyer representative who has been the point-person from the beginning. And in the video, they gush over the size of the lake and the wildlife that they got to see.

But the fact remains that Meyer still hasn't honored the contract. Meyer is not paying fines that they agreed to as well. The land is still not under Cary's control, even though this was supposed to happen last summer.

And to further obfuscate the issue, the village still has an "artist rendering" of what the park could look like up on its website.  This was created for one reason: to unite Cary around something that will never be. Folks, let's be clear: if the park is ever given to Cary it will not be Three Oaks.  It is a lake with a path around it. That is all.  And the village spent thousands of dollars to have an artist sell the residents a lie.

Yet, McAlpine still plays to that farce. Even after Meyer missed the deadline for turning over the land to Cary she thanked them. Yes, she thanked them for doing a good job!  

On the "We Unite Cary" website they enthusiastically display the "endorsements" of past Cary officials. That list is a who's who of who's sold out Cary:

Mayor Steve Lamal: He is the guy who started this mess in the first place. He sold out Cary by allowing a weak and easily manipulated contract to be written that has given Meyer the upper hand in their relationship with the village. During his tenure, there were even issues with getting out agendas and notifying residents of meetings.

Mayor Tom Kierna: He was a Meyer super-fan who went out of his way to sway things in Meyer's favor (not unlike the current mayor, Mark Kownick). When there was a tie, like on the vote to give Meyer one of their many extensions back in 2012, he broke the tie with a yes.

Dave Chapman, former Trustee: Dave was also a Meyer cheerleader. In July of 2015 he admitted that Meyer was "significant" to the village budget and did what he could to keep the pit rolling. He even once lashed out at Fox Trails residents in October 2016 who were upset with the situation by saying that "Meyer has done a great job here." 

Rick Dudek, former trustee: This guy once made the suggestions that Fox Trails residents shouldn't complain because they moved into the neighborhood in the first place. He stated back in 2015 that there had not been complaints since Meyer started mining. Spoiler alert: that was not true. Dudek was instrumental in getting Meyer another hearing even though they had been voted down at the zoning board.

These guys are not the most stellar of endorsements. Perhaps we should fix the "We Unite Cary" logo:

The Conning of Cary...

I didn't think I would be writing any more about Meyer Material Company. After all, it appeared that everything was done. The deadline had passed and the reclamation of the land looked done. Surprisingly so. They even had the parking lot completed.

But still, there are barriers blocking the entrance to the parking lot. No one can use the site or the pathway that exists around the lake.

As it turns out, Meyer did not finish on time and the transfer of property to the Village of Cary has not yet occured.

Here is what has happened:  Last week, at the Village of Cary Board meeting, Meyer was getting ready to transfer the land to Cary ownership. But there were some "snags," to use the words of Randy Willey, the "Permits Manager" for Meyer Material.

Meyer missed the deadline for finishing the reclamation. Why?  Here is the list of excuses used by Randy Willey...and let me say, this is not surprising as we have heard excuses before. Remember: Meyer Material Company is not some mom and pop company. They are owned by one of the largest mining companies IN THE WORLD. Back in 2016, Meyer complained that the economy prevented them from extracting the gravel in a timely manner. Now, they have a fresh list of excuses:

A) The Americans With Disabilities Act prevented them from finishing on time. He acted like this was a new law and that they haven't had to deal with these provisions before.

B) Dealing with storm drainage issues

C) Construction work

D) Rain. In Randy's words: It was "wet and cold" and "really wet;" "record setting wet." Yep. He said that.

So, they missed the deadline. As it was outlined in the agreement, Meyer should be paying the Village fines. After all, if you miss your water bill or electrical bill, you need to pay fines. But not Meyer Material Company. They feel like they shouldn't have to pay these fines because we should feel sorry for them because it rained. Give me a break. They are a multi-national corporation that spends its time screwing over small communities. Just ask McHenry how they feel about Meyer Material Company. 

As of now, Meyer has not paid the fines that THEY AGREED TO. 

That's not all. They have some "reservations" before agreeing to transferring the deed of the land into Cary's possession.

Get this: Meyer wants "future" mining rights for the land! NEVER was this brought up in the ten years as a condition for deed transfer.

They want the right to mine in the future up to 200 feet below the surface. Details were not made on how this is to be done.  This is the most confounding thing. Meyer has removed all equipment. The dredge was removed. Did they find more minerals? Why is this coming up now?  Does this mean that, if approved, Meyer can come in 10, 20 years in the future and start mining again? This is the most ridiculous thing I have ever heard. Yet, people on the village board seemed more than willing to give this away. Trustee McAlpine fawned over Meyer Material, proclaiming that "you guys have done a great job...Thank you."

Luckily, they tabled this vote until further discussions could be made. But Cary does not have to accept these conditions. Let the Trustees know that Meyer needs to cede the land as agreed!

Let's be clear: Meyer is very good at getting what they want. They play the victim. They have lawyers and money. They sell "what could be" to the community to gain support. 

And then they screw them over. 

They are doing it in Cary. McHenry. Hartland, Wisconsin. And who knows where else? 

Also, for all of you who believe that this land is going to become something like Three Oaks, you've been duped. Take a look at this map:

Half of this property is in Algonquin. Although Cary and Algonquin have been in talks, there is no guarantee that Algonquin will actually cede this land to Cary. Sorry, but the more valuable areas of the property, including the entrance and parking lot, are located in Algonquin.

Let's see how this turns out. But I can tell you this: every time we see a light at the end of the tunnel, Meyer throws a curve ball. And they have been in this game a long time. They know exactly what they are doing.

They are con artists. And small communities, with the promise of money and amenities, buy into it.

And end up not getting what was sold.

The Cary Pit--March 29, 2017

There was an unusual amount of noise coming from this pit this morning. So I decided to use the drone to take a look.

After getting clearance from the Lake in the Hills Airport, I brought the drone 150 feet over the Fox Trails subdivision and took a look. They are moving dirt near the berm. But, at this altitude, you can get a nice glimpse of what lies next door to Fox Trails.

"Positively" Cary? What does that even mean?

When I first saw the signs popping up all over town with Dudek’s name on them declaring to be “Positively Cary,” I laughed out loud. Positively Cary?  What does that actually mean?

Grammatically speaking, “positively” used in this way means true. Like this is “definitely” Cary.  (I know what they are actually trying to say here, but hey, I’m a word nerd).

And anything that Duane “Rick” Dudek is associated with is “positively” not what I want to see in Cary.

Of course I am speaking from the experience of the Meyer Material issue that has been plaguing Fox Trails now for nearly 10 years—longer if you count the original Algonquin operation, actually.  Dudek is the only trustee who has been here from the time Meyer was granted a conditional use permit in 2008.

In fact, Dudek voted “positively” for Meyer back in 2008.

Although, apparently, he sometimes forgets that.

Case in point:  During the September 6, 2016 meeting, Dudek had the audacity to suggest that it was the fault of the Fox Trails residents to have moved into the neighborhood in the first place. “They sold over 130 homes,” he said, “even though there was something going on in their backyard….I think that’s pretty important to recognize.” This is coming from someone who was there in 2008 and voted “yes” for the conditional use permit for Meyer. He knew then (and apparently had forgotten by 2016) that the land adjacent to the north section of Fox Trails was zoned residential and there was a “no mining clause” on that parcel of land.

It was Jeff Kraus who pointed out that residents who bought houses knew the land had been zoned differently.  “The land wasn’t zoned mining,” Kraus stated. “So those homeowners up there bought it thinking it was agriculture behind them, not mining.”

And how did Dudek respond? Remember, he was there in 2008 and he voted to grant Meyer a conditional use permit to change the zoning. He turned to Kraus and asked, “How do we know that, Jeff?”

Was he being “positively” forgetful that he voted to change the zoning on that land? He must have forgotten because in 2016 he "positively" said in an interview "it was a crappy agreement." A "crappy agreement" that he "positively" voted for.

Not only that, over the course of his tenure as Trustee, he has made some “positively” puzzling comments regarding Meyer Material and the Fox Trails neighborhood.

During a Village Board meeting in July of 2015, for example, Dudek stated publicly that “There has not been one complaint” about the gravel pit. He must not have ever read this blog or heard the dozens of residents who had been coming to meetings or writing the Board to complain about the gravel pit. One resident at the time said at a meeting that it was “like the Indy 500 in my back yard.” Yep, Dudek “positively” didn’t hear that one.

The fact is that it was “positively” Dudek who started the ball rolling on getting Meyer a waiver to resubmit a plan to the Village before the mandated one-year “cooling off” period. He read a prepared statement in June of 2016 wanting Meyer to be reconsidered.

I guess he was “positively” sure Meyer hadn’t been treated fairly in the proceeding meetings and needed another chance. In fact, he "positively" referred to Meyer as a "corporate citizen" who needed to be "extended the courtesy" of a new hearing.  

So now Dudek is running on a platform that suggests he has been a "positive" influence in Cary. Ask Fox Trails residents and they will tell you a different story.

I have seen resident concerns "positively" dismissed.

I have seen the democratic process "positively" shirked in favor of the desires of a corporation.

I have seen Fox Trails residents "positively" demeaned and lectured to.

I have seen a corporation that is part of a multinational conglomerate "positively" treated better than the tax payers.

Of one thing I am positive: I will “positively” not be voting for that slate of candidates on April 4. “Positively Cary” means “Positively Dudek.”

No thanks.  I’ve seen how that has worked out for the last 10 years.

A little about Mark Kownick and "Integrity"

The elections in Cary are right around the corner.

And all over the village are signs for Mark Kownick that ironically proclaim him to be the candidate of integrity. On his website, he "fact checks" the whole Meyer Material issue and, as usual dismisses and undermines the actual facts in regard to Meyer Material.

On that page, he takes credit for the mining agreement and paints it with such positivity that anyone who has attended the meetings within the last year would find laughable.

Here is what Mark Kownick doesn't say on that page:

• When Meyer approached the Zoning Board with a request for an extension, the Zoning Board voted it down in February of 2016
• As a result, Mark Kownick demoted the Chairman of the Zoning Board, Joe Tournier, and didn't inform the other trustees of this action
• When the Meyer Material petition went to the Village Board in May of last year, it was voted down
• The Mayor and several other Village Trustees (Dudek and Chapman, in particular) then worked to give Meyer a waiver to re-present a plan to the Village despite the mandatory one-year waiting period. That waiver was granted in October of 2016 with the Kownick making the tie-breaking vote to allow the waiver
• The ZPA meeting for the new Meyer petition was scheduled before that waiver was granted
• The new agreement says that the $1.5 million in the land conservancy fund that Meyer was required to fund no longer needs to be used by the Village for the land after Meyer stops mining 

During this whole process, the Mayor was instrumental in subverting the democratic process. He so wanted Meyer to continue mining that he worked to get that waiver in place and get a Village Board vote as quickly as possible before this Village election.

During this whole process, every meeting involving Meyer Material was highlighted in the Cary News blast.

Except one.

That's right: this mayor who boasts of "integrity" oversaw an administration that did not, for the first time, publicly announce the meeting for the Meyer vote in its weekly news blast.  As a result,  few people came to denounce the plan. In fact, more Meyer employees were there to talk about how great Meyer Material is.

And, as usual, the Mayor voted for Meyer and now takes credit for it on his website.

So much for integrity.


  

Setting Dudek Straight

Duane (Rick) Dudek

At the September 6 board meeting, the Trustees discussed the Meyer plan of adding dredging equipment to the pit and changing the mining hours. Being that most of the board was not around in 2007 and 2008, there were naturally some questions about the history of the subdivision and Meyer's operations next to Fox Trails.

And then Rick Dudek made the following asinine and ignorant comment:

I only want to make one observation. They sold over 130 homes even though there was something going on in their backyard. So let's not make light of the fact that there's no surprise here. People bought those homes--people were buying homes--whatever it was--whether it was 1990 or 1995, they sold out an entire community with an unknown product going on in their backyard. I think that's pretty important to recognize.  (Click here to to hear the comments)

Wow. I can understand how the majority of Trustees are not well-versed in the history of Meyer and the Fox Trails subdivision. However, Dudek was there back in 2008 and voted in favor of Meyer being granted a conditional use permit.

Let's not forget, we are now going into the third round of this monstrosity next to Fox Trails. Indeed, there are residents who have put up with it much longer than most of us.  Initially, the pit was located just in Algonquin and effected half of Fox Trails. 

When we bought our home 2002, the land next to our street was not owned by Meyer. It was land in the Village of Cary that was zoned RESIDENTIAL, even though at the time it was being farmed. The land belonged to the Chally Farm and there was a "No Mining" clause on that parcel of land.  We were assured that there would never be mining on that land; that the mining would be isolated to just around Klasen Road. And accordingly, that mining was just about done. For the folks living in South Fox Trails, it seemed to them that the mining would soon be over.

But that was not to be.

Meyer bought the Chally land and petitioned the Village of Cary for a conditional use permit to expand their mining operations into Cary and along the northern section of Fox Trails. That mining was supposed to end in 2016. Meyer asked for a time extension this year and was denied.

And now they want to add dredgers.

For Dudek to blame the residents of Fox Trails for moving into the subdivision shows not only a lack of respect for Fox Trails residents but a complete lack of understanding of the situation. And that's from someone who went through the whole process back in 2008.  He should know better. 

Perhaps he does know better and this was just a deceitful attempt to sway the other trustees into allowing Meyer a waiver to resubmit a new plan. Regardless, the comment is unacceptable from an elected official.

Shame on you, Dudek. You are one of the reasons why many residents do not trust the Village of Cary.

And your comment says more about you than it does about us here in the Fox Trails Subdivision.

And a special thanks to Jeff Kraus who acknowledged that the land in question was, in fact, Cary land that was not zoned for mining. Kraus, who was not a Trustee back in 2008, had this to say in response:

"The homeowners that bought up in the north end of Fox Trails bought with the assumption that Cary owned the property to the west and then along Route [31] which was probably zoned agriculture. That land wasn't zoned mining. So those homeowners up there bought it thinking it was agriculture behind them, not mining."

Then Dudek says, "How do we know that, Jeff?"

What?!  Dudek was there in 2008 and voted to change the zoning on that land from residential to mining! If there is anyone on that board who knows the history of that parcel of land, it should be Dudek.  

Kraus set the record straight and acknowledged that the residents of Fox Trails have "a legitimate beef with the Village for changing that to mining."

If the Village wants to sell this new plan to the residents of Fox Trails, they have to do a better job in acknowledging the the history and the issues we have been subjected to over the years. 

Dudek sold us out in 2008 and he wants to do it again in 2016.

Let the Village Board know of the history. Send your comments to Villagehall@caryillinois.com.

If you want to personally address Dudek's statement, you can email him at rdudek@caryillinois.com

Hydraulic Dredging, 24/6

Meyer lost. They lost at the Zoning Board and they lost at the Village Board level.

However, the powers that be want them to have another chance. Although, due to Village rules, they cannot submit another plan until a year long "cooling off" period. Nonetheless, Meyer presented an informational meeting to Village residents about a new plan.

In order to get this plan in action, the Village of Cary will have to give Meyer a waiver. The plan will then go to the new Zoning Board and then back to the Village Board.

What Meyer wants to do is bring in some dredging equipment and turn the pit into a 24 hour a day, 6 days a week operation. They claim it will be quieter than what they are doing now.

At the meeting, Meyer presented the following video, showing how a hydraulic dredger works:


The video has no sound, so we can't hear the dredger in action. Although Meyer insisted that that this method would be less noisy than what they have now, they couldn't get more specific than that.

However, here is another video of a hydraulic dredger. This is what Meyer wants to be operating next to Fox Trails 24 hours a day, 6 days a week. This setup, I am sure, is not what Meyer will do, but the plans presented were not too specific and this is all we have to go on:


And another:


And another:


I think Meyer will have to provide evidence to the Village of the exact setup that they will use so the Village can be assured that at 2 am the sound is not excessive.  

Sounds from the Pit

Recently, Meyer gave residents a tour of their gravel pit operations when they were looking for a time extension for mining. While on that tour, Meyer officials touted how they were using sound mitigation techniques in order to minimize the noise in the Fox Trail Subdivision. Among the things that they discussed was a way to damper the back-up beeping sound from trucks and equipment. In fact, we were told that if we heard back-up beeping sounds it wasn't coming from the pit.

Oh, really. Well, there's a lot of sound coming directly from the pit, including back-up beeping noises. So they must not be using the very equipment they claimed a few months ago.

Current;y, the sound coming from the pit is loud. Very loud. The beeping noise can be heard in houses even with windows closed.

I recorded a couple of minutes of what is sounds like in my front yard.



Last week, Meyer gave a presentation about their plans to use dredging equipment for 24 hours a day, six days a week.  At that presentation, they could not say how loud it would be.

Considering the fact that they can't damper beeping noises, my faith in Meyer Material being able to keep a dredger quiet in the middle of the night is very much in doubt.

If you do not like what you are hearing, please let the Village of Cary know. Email them at Villagehall@caryillinois.com.

Just when you thought it was all over....

Last month, the Village of Cary denied the extension of mining to Meyer Material in a vote 3-3. The mayor was not allowed to vote and, because the Zoning Board did not recommend the extension, the vote needed to be a super majority. A special thanks to trustees Covelli, Krause and Cosler who voted "no" because they listened to the residents of Fox Trails.  That was not an easy vote for them and they need to be commended.

However, it is not over. This week, Meyer was brought up again by Trustee Dudek who read a statement in which he expressed a belief that Meyer should be allowed to resubmit their proposal to the Zoning Board. His reasoning: the proposal that the board voted on was not the same as the one presented to the Board. However, according to the rules, Meyer cannot reapply for a year, in what is called a "cooling off period."  Dudek suggested that the board waive that requirement.

Trustee Cosler rightly called such action as a "backdoor method of getting it reheard."  The mayor was obviously upset by the vote last month and wants to have the matter reconsidered. He said it was not fair to treat Meyer in such a way. I guess in his mind it is fair to treat the residents this way, but that's beside the point.

Here's what is going to happen:

1) Meyer is going to continue mining through November. They have made their first $100,000 fine payment.
2) Meyer has been in conversations with Village Administrator Clark
3) The Village will put on an agenda to vote to waive the time period in which Meyer can resubmit a proposal.

Stay tuned for that. It will probably come at the traditional low-turnout board meeting on July 5.

See the video below. The Meyer portion starts at 57:44.



Looks like we are going to go through this whole thing again.

Does Meyer have the right to resubmit a plan? Absolutely. But the rules state that they need to wait a year.

Dudek and the Mayor seem to believe that the proposal that they voted on needed to be the same as the proposal offered to the Zoning Board. That is simply not true.

The system worked. The Zoning Board did not recommend the extension. And, as is the reason for a zoning board hearing, Meyer revised their plan for the Village Board vote.  The Village Board voted no.

There.

But apparently the democratic process is inconvenient to certain members of the Village Board and this is likely to start up all over again.

Stay tuned. The drama continues.

Next Meyer Meeting is....(drumroll) TOMORROW!

Yep. You read that right. The next time the Village Board discusses the Meyer Petition is TOMORROW night, April 5 at 6 pm.

The Village does not want you to go to this meeting, apparently.

I downloaded the Committee of the Whole Agenda from the Cary website and examined the metadata. The pdf was created on Friday.  I'm not sure when it was posted.

But then again, there was no indication that this was going to be discussed. There is nothing on the Village website, except for the agenda, which has to be downloaded in order to be viewed.

The current Cary Connection newsletter with the information about the meeting is dated April 4--the day before the meeting. Today. Thanks for the notice, Cary!

For those of us who have been around for a while, this is very typical when it comes to meetings involving Meyer Material.

So we need to go to this meeting. We need to say the same things we said at the other village board meeting.

The Committee of the Whole meeting is at 6pm on Tuesday, April 5. Then, the mayor will update the Village Board at the meeting at 7:30. The final vote will be taken on April 19.

Hope to see you at the meeting tomorrow!

The Village Meyer Hearing (Plus, an apology on my part)

What a way to spend St. Patrick's Day, eh? Listening to Meyer again try to explain why they need more time to mine in the area next to the Fox Trails Subdivision and not pay the penalties.

It was basically the same story they gave at the Zoning Board Meeting: Bad economy, too much overburden, not enough time.

The fact is they don't want to pay the fines that they agreed to back in 2008.  So now, they want to extend the time, pay the regular impact fees and be done by 2020.

Again, many residents stood up and expressed their concerns about the proposal. It was clear that people do not care if the lake is smaller--they just want this whole thing finished.  It was clear that they thought Meyer should be held to the original contract. After all, that's what contracts are for, right?

That is what I spoke about: Meyer signed a contract, they should stick to it. I also talked about how we all knew back in 2007 and 2008 that this would happen. In fact, the first time Meyer tried for an extension was back in 2011. They were denied then at the Zoning Board and decided not to pursue it further at the Village level.

The point I made then was that Meyer really hasn't done anything to fix the problem: no new equipment or employees. It seemed businesses as usual for the last few years. I believe, and I stated this at the meeting, that they have been banking from the beginning to get an extension.

I also made a comment that Mr. Thomas Zanck, Meyer's attorney, did not like. I said that Meyer has known about the overburden for quite some time. Later, when I was addressed by a Village Board member, I repeated the claim and said that they knew about the overburden back at the beginning. I may have even stated the year as 2008, I am not sure.

When it was Mr. Zanck's turn, he replied "we take issue with Mr. Janu." He then said that they didn't know about the overburden until 2014.

I said what I said based on what was stated at the Zoning Board meeting back in February.

I probably misspoke, and for that I apologize. I really thought they had stated that they knew about the overburden early. It was in my notes from the Zoning Board meeting.

So, I went to the transcript from that meeting and Mr. Zanck did say something that led me to believe that the overburden was known from the beginning.

Zoning Board Commissioner Patrick Jasper stated, "I understand that there are surprises that occur along the way."

Mr. Zanck then replied, "About a month after we agreed to it, you bet."

I made an assumption that he was talking about the overburden. Obviously, I was wrong and I apologize for making claim.

However, his statement that they didn't know about the overburden until 2014 is not correct as well. According to Mr. Randi Willie they began to run into issues when they started mining the north part of the pit.

He stated at the February Zoning board meeting, "As we went further north in 2013, we found it to get actually worse." Then, in 2014, they decided to drill some bores in order to see just how much overburden was there. And there was a lot, apparently.

Meyer screwed up. In fact, Mr. Zanck said as much at the Zoning Board meeting back in February: "It's the consequences of the economy and the overburden that we were not aware of. And shame on us...We know there was a miscalculation."

But this doesn't change the essence of the issue. And that issue is that Meyer signed a contract and needs to be held accountable. Should we be held accountable for Meyer's "miscalculations" and mistakes?

As I stated at the meeting, "We need to hold them to the deal. If they want to continue mining, fine. Pay up. If not, stop mining and restore the land and give us the lake on schedule."

Unfortunately, this meeting was not as well attended as the Zoning Board meeting. And that is because it was St. Patrick's Day, I am sure. We have had a history of having meeting around holidays, haven't we?

The next meeting will be held at the Village Hall sometime in the future. It holds about 150 people. This could be good---let's fill that place!

More to come.

In the meantime, if you weren't at the meeting, please let the board know of your feelings by sending an email to villagehall@caryillinois.com.

Next Meyer Meeting: St. Patrick's Day!

It may be St. Patrick's Day, but it is also the day that Meyer goes in front of the Cary Village Board to plead their case one more time.

Let's recap:

1. Meyer stood up in front of the Zoning Board on February 11 and said they wanted to get an extension for their mining operation in order to "make the lake as large as possible."
2. Cary residents didn't buy it and called Meyer out on their misleading motivations
3. Meyer did not offer anything new
4. The Zoning Board gave a resounding NO recommendation for the extension

Don't get me wrong: that NO vote was important. But, in the end, it does not matter much. The Village Board can decide the opposite, as the Zoning Board is just a recommendation.

And we already know that the Village sees Meyer's financial contribution as "substantial." Therefore, this time around, it is going to be harder.  The Village Board, as you know, has had a very cozy relationship with Meyer Material. They all loved the tour from last summer. They would like to see Meyer continue to pay its impact fees.

But Meyer signed an agreement and they should stick to it.

Which is why we need to be at the meeting in larger numbers than before. We need to tell the board with as much passion as we did on February 11 that Meyer extension is not welcome. That if they want to continue mining they need to stick to the original agreement--that means Meyer should pay those fines, or turn over the land on schedule.

The meeting is on THURSDAY, MARCH 17 at 7:30 at the Holiday Inn in Crystal Lake. Hope to see you all there.

If you cannot make the meeting, please email the board your concerns. You can email them at villagehall@caryillinois.com

Whether or not they make a decision at that meeting is unclear. That decision may be made at a different meeting, which only draws things out more--but we need to remain diligent.

Hope to see everyone there!

Next Round--St. Patrick's Day

Last month, I was so proud of how my neighbors calmly, eloquently and with measured doses of anger and passion explained why Meyer should not be given a free pass when it comes to the mining extension they want the village to approve. Meyer, of course, offered nothing to residents, except the pity-party they were hoping would change minds.

It didn't. In fact, the Zoning Board gave a resounding "No" to the mining extension.

However, as we know, that "no" was just a recommendation. And Meyer is coming back, this time in front of the entire board.

This is going to be a bit harder for us in this round. Even with a "no" recommendation from the Zoning Board, the Village Board can still vote "yes." They can change the deal. They can force Meyer to pay the fines. Everything is up in the air.

But here is the reality: the Village Board has relied on Meyer's fees as part of the budget for years. Last year, Trustee Chapman admitted at a Village Board meeting that Meyer's fees were a "significant" part of the budget.

As they say, money talks.

But we can be loud. We can be passionate. If the Village Board sees that in us, then the outcome is anything but decided.

The meeting will be held once again at the Holiday Inn on Thursday, March 17 at 7:30.  Yes, it is St. Patrick's Day. No, it is not a good time.  But that is the hand we were dealt, and that is what we must play.

Please mark your calendars.

Let's show the Village Board the same amount of passion that was unleashed last month.

Let's not make it easy for them.  Let's make it clear that Meyer should pay fines if they want to continue mining. Let's make it clear that we are perfectly fine with a smaller lake, if Meyer decides to end the mining this year.

If anything, let's make it clear to the board that we will not let a corporation have its way with residents who knew, back in 2008, that this was going to happen.

Let's make it clear that we, as a community, are not going to sit back and just let Meyer steamroll the board without hearing from us first.

Hope to see you all next week.

Meyer Material, Round 4 Begins in January

What did you get for Christmas? We got a nice letter from Meyer informing us of their intent to request an extension on mining next to the Fox Trails Subdivision until 2020.

This new letter is very misleading.  It begins, "As you may have read in the local newspaper, we will be filing a petition to extend the time to mine our Cary property, so that we can expand the Lake as much as possible." [emphasis mine]

What? It's one thing to ask for an extension, but do not pretend that it is being done for us. The purpose of the extension is not to make the lake bigger, but to remove the gravel. It is a gravel pit. Plain and simple. Last summer, even the Northwest Herald referred to Meyer's gravel pit as a "lake project." It is not a lake project. We can't let them reframe the purpose of the extension.

It all comes down to this: Meyer is asking for the extension because they do not want to pay the $100,000 monthly penalty for failure to complete the mining operation by June, 2016, as was the original deal.

If Meyer wants to extend their time, they also must be willing to give something for it.  Some ideas floated by people in the neighborhood:

• a reinstatement of the home-owner's assistance program, prorated for the time frame
• building of a sidewalk on Foxtrails South

If you have other ideas, please leave them in the comments. You can read the entire letter below:


The Zoning Board Meeting is scheduled for Thursday, January 28th when Meyer will officially ask the Zoning Board for the extension. We encourage everyone to come.  If Meyer does not get the extension, Cary still gets the lake. And let's not be deceived: the lake we are getting will be nothing at all like the lake at Three Oaks in Crystal Lake, as some people believe. What we will get is a lake, a small parking lot located in Algonquin off of Klasen Road and a path around the lake.  That is it.

So mark your calendars. The Meyer show is back in town!

No Complaints, Mr. Dudek? Not True

At the last village board meeting, Rick Dudek made a comment that was echoed by some of the other trustees.  "There has not been one complaint" about the gravel pit, he stated.

This is simply not true. There have been complaints made about the pit.  I made a couple of complaints myself several years ago regarding the noise when they were working on the berm and later when they were working past the time when they should have ceased operations.

Others have as well.  In fact, one resident was belittled by Cam Davis, the former Village Administrator, telling her that the noise that was coming from the pit was actually not coming from the pit.  She had made three official complaints to the Village regarding the noise, but no action was made by Cam Davis or anyone else in Village government.

I am not sure any of these complaints were actually recorded.  I never received a follow-up for mine, that is for sure.

But the last time Meyer came asking for an extension, residents stood up before the zoning board and complained about dust and noise.  People complained about having to frequently wash windows and replace furnace filters.  People talked about dust blanketing backyard picnic tables.

• One resident complained about the dust and mud in his pool during the summer
• Another resident said that they had to replace furnace filters so often the repair man told them not use filters or it could ruin the furnace because so much dust was clogging it
• "My backyard is an Indy 500 night and day," said one resident regarding the atv's and snowmobiles using the berm at all hours with little security

So yes, Rick "There-Have-Been-No-Complaints" Dudek, complaints have been made over the last 7 years.

And let's not forget some of the businesses located along Route 31. The owner of Trinity Auto even spoke at a zoning board meeting in 2011 regarding the dust that was blanketing his cars and how he spends $3000 extra a year just keeping his cars looking good.  Meyer had stated that they would help compensate businesses for any adverse effects the pit had on their operations. But, at that time, Meyer had done nothing.

But all of this really doesn't matter.  The fact is Meyer has not yet started mining the cells directly next to the Fox Trails subdivision.

With the agreement in place, residents gritted their teeth and prepared themselves to be inconvenienced until the agreed-upon date: June 1, 2016.  Therefore, many residents may not have complained.  They have just been waiting for it to end.

And now, if Meyer gets its way, they will have to wait three more years.....at least.

If you live in Fox Trails and would like to share your experience living next to the pit, please send an email in the comment form on the right, documenting what life is like living next to the pit.  We are currently making a little documentary about the pit and Fox Trails.  If you would like to be involved, please let me know.

Thank you.

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.

-------------

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.

Village Board Meeting Tonight (January 3, 2012)

So the Village of Cary finally made the agenda for tonight's meeting available.  Only 24 hours too late.  Cary's reluctance in making agendas and minutes available is in violation of the Open Meetings Act  (they still don't have the minutes available for the December 6 meeting.  According to the law, they need to have those available within 7 days of their approval).

Last month, the zoning board voted "no" on Meyer's request to extend mining in the Village until 2022.  This was only a recommendation and Meyer will be going before the village board to make their case sometime in the future.  However, they have asked for more time to do that.  No doubt to gather more information and make a better case for their new plan.

Meyer Material is asking for a 6 month continuance.  At tonight's board meeting, trustees will vote on whether or not to grant Meyer that time. 

Here's the thing:  the vote is contained in the Mayor's report along with four other items.  As the mayor hopes to give Meyer this continuance, it is included in his report so that the trustees will vote on all of the measures at once. 

Hopefully, the trustees will see this ploy and recommend a separate vote and discussion on the Meyer issue. 

Hopefully, they will vote no on the continuance.

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.

Typical Village of Cary.....

Big Zoning Board meeting tonight to discuss the request by Meyer Material Company to extend the time they want to rip gravel from the ground next to the Fox Trails subdivision.  The meeting is being held at the Holiday Inn, Crystal Lake at 7 pm. 

Or, at least I think so.

The problem:  there is no information at all on the Village website in regard to this meeting.

Not only that, there is no information regarding the Zoning Committee.  No agendas.  No list of those who are even on the committee.

Nothing.

This has been  a problem with the Village Board in the past.  And not much has changed.  In fact, it appears to have gotten worse.  At least back in 2008, there was a page on the site dedicated to the Zoning Board committee.

Not anymore.

So I called the Village and was transferred to Jacob Rife.  He was very nice and gave me the members of the committee.  It's basically the same people who were there in 2007-08.  Joe Tournier is still the chairperson.  And the committee still includes Jim Graziano, Frank O’Laughlin, Patrick Jasper and Patrick Khoury. There are two new members, Holly Kelps and Alyssa Pelican.

Due to his association with Meyer, Frank O'Laughlin has recused himself.

The Village has to do a better job with its website and access to information.  I thought that was what much of the last election was about?

See you tonight.  Don't forget, we'll be live-blogging the event here.