"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.

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

Democracy? What Democracy? Get Ready for a Meyer Waiver

UPDATE: On the Facebook "Cary Connection" Page, it was stated that the Meyer waiver vote is "not expected" to be on the agenda for July 5th. The agenda will be published sometime in the afternoon of July 1.

UPDATE 2: A vote on Meyer Material is not on the agenda for July 5. Meyer can still be discussed in the Administrator's report.

Trustees at the last two Village of Cary board meetings had lively discussions about the fate of Meyer Material.  Those who voted yes to the extension want to give Meyer another opportunity to present their plan to the Zoning Board. They cite "new evidence" as a justification to waive the required one year "cooling off" period.

They even presented what a new proposal "might" look like at the last Village Board meeting. Keep in mind, this proposal was not written by Meyer, but by the Village:

In order for Meyer to be able to submit another proposal to the Zoning Board this summer, the village would have to waive the 1 year requirement.  As Trustee Kraus so plainly stated at the June 21 meeting, "We've already voted." Why would they want to do this?

Simple:  They want a "yes" recommendation from the Zoning board so that the mayor can vote at the Village level. That way they can overcome the three "no" votes.

Two Village Board meetings ago, Trustee Dudek lamented the fact that the Meyer proposal they voted on was not the same as what was presented at the Zoning Board in February. Given that, he argued, Meyer should be allowed to present that plan back to the Zoning Board. He and the Mayor expressed a belief that Meyer--"a good corporate citizen," they added--was not being treated fairly.

This is nothing more than a thinly veiled attempt to circumvent the system and get another vote. I am sorry, Trustee Dudek and Mayor Kownick--the system worked just as it was intended:

1) Meyer presented a plan to the Zoning Board in February
2) The Zoning Board gave a "no" recommendation
3) Meyer adjusted their proposal for the Village Board meeting of May 17
4) That proposal was defeated 3-3. The Mayor was prohibited from voting in this instance due to the negative recommendation from the Zoning board.

Done and done.  Or so we thought.

Now we have a new Zoning Board. Shortly after that vote in February, Zoning Board Chairman Joe Tournier was basically fired by the Mayor.

Now, with a new Zoning Board, the mayor wants to start the whole process over so he can vote and reverse the outcome. In other words: DEMOCRACY BE DAMNED!

The fact of the matter is this: Meyer screwed up. They went into the meeting in May thinking they were going to sail through. They didn't present a plan that gave enough back to the Village and they lost. End of story. They can present a proposal again. But they have to wait a year just like everybody else.

But that's not enough for Mayor Kownick, Trustee Dudek and the other two trustees who voted yes. They didn't get what they wanted so they want to re-do the vote.

Nice. And this is why people do not trust government.

Although the agenda for the next meeting has not been released, I suspect that the Meyer waiver vote will come at the July 5th meeting. As has been done now a few times, important votes have been scheduled for this meeting after the July 4th holiday--A day where they will get less attendance.

Its been done before and so the pattern continues.

More to come.

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.

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.