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 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 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!

An Open Letter to the Village of Cary

Dear Mayor Kownick, Village Trustees and Village Officials:

I would like to make a clarification regarding the last Village Board meeting of July 7, 2015 concerning Meyer Material Company and their annual report.  Trustee Dudek stated near the end of the discussion that there have “not been any complaints” regarding the gravel pit located next to the Fox Trails subdivision.

This is plainly not true.

I made two complaints early in the process. One of the complaints was regarding the building of the berm and the other was a complaint regarding the failure to cease operations after the 7:30 deadline. Neither complaint, as far as I know, was ever addressed, as I never heard back from the Village.

But that is not all. Several residents issued complaints between 2008 and 2012. For one resident, Cam Davis told her that the noise she was hearing was not from the pit but from “somewhere else.”  Some people I know complained about the sound of firearms from the pit.

All you need to do is look back on the minutes from the Zoning Board meeting of November 10, 2011 and you will see several complaints by residents that are part of the official record:

• One resident complained about the mud in his pool from all of the dust
• ATVs and snowmobiles running the berm. One resident described it as the “Indy 500 day and night”
• A complaint about “lack of security” along the berm
• Complaints about furnaces becoming clogged due to dust and particulates
• Unable to open windows because of the dust
• Decline in home values

Although not a resident of Cary, the business owner of Trinity Auto also made a statement regarding the extra money he has had to shell out due to the amount of dust from the pit in order to clean the cars in his lot.

The fact of the matter is that Fox Trails residents know that they have to put up with the realities of living next to a pit for a certain amount of time. As a result, many people may not have issued formal complaints.  They have just been waiting for it all to end by June 1, 2016.

My point is this: the perception that there have not been complaints regarding the pit is just plain false. Perhaps those in the previous administrations did not keep adequate records, I don’t know. Even so, a perceived lack of complaints does not mean that everybody is happy with the pit.

We were just hoping for it all to end by June 1, 2016. And they haven’t even started mining the sectors close to Fox Trails. That is yet to come.

Thank you for your time.

Sincerely,

Bruce Janu
Knollwood Dr