Meyer gets what it wants (again)

I was unable to attend last night’s village board meeting, but I was able to watch it from 700 miles away. It went as expected: It passed, as most things do that benefit Meyer Material. Even though she voted yes, Trustee Weinhammer admitted that working with Meyer Material was a horrible experience. Trustee Covelli was the only one to vote no, but admitted that none of the options were good.

Only the mayor, Trustee McAlpine and Trustee Collier seemed generally pleased about the deal. Their attempts to spin it into something else was laughable.

So, in a nutshell, here is what the deal does.

1) Meyer will give over the land to Cary, with an additional 6 acres thrown in for good measure.
2) Meyer will retain future mining rights on that land for minerals located below 200 feet
3) All fees and penalties that Meyer may have will be waived

This section of the meeting started off with a list of all of the fees and money Meyer has already paid the Village. They talked about the sidewalks and the money given to 130 households in Fox Trails. It was an amazing display of pandering to Meyer. They did not mention the fact that the only reason Meyer did that stuff is because of the fight we in Fox Trails have been waging since 2007. Meyer did not give that stuff to the Village out of the goodness of their heart. Not even close.

Much of the true history was not even mentioned: how Meyer missed the deadline on the first conditional use permit. How certain members of the board changed the rules so that Meyer could reapply for a permit extension after the Board voted no. How Meyer missed the last deadline and has not paid penalties to the village as per the last permit. How we have gone from a paved path to a gravel path. How the original plans included trees along the banks of the lake that are now just grass.

A couple of Fox Trails resident outlined their  concerns about Meyer having future mining rights and how Meyer will not be paying the fees that it owes.

And here is where the comedy occurred:

The Mayor, in full Meyer cheerleader mode, claimed that they weren’t actually giving them mining rights but the “right of first refusal.” What?  Of course they have the right of first refusal because the board gave them the “exclusive” rights to the minerals located more than 200 feet below the surface. By phrasing it this way, the Mayor is making it seem like Meyer has no interest in whatever is left below the surface. If that is the case, then why are they insisting on future mining rights and will not turn over the land without it?

Then, the Mayor further convoluted things by saying that just because Meyer has the right to the minerals, they still have to go through the approval process and they can be denied. Here is where I laughed out loud. First of all, you never say that to a Fox Trails resident who has seen board after board vote yes on the things that Meyer has asked for. History tells us that if Meyer came next week to request the right to mine, the Mayor would be the first to grant it. After all, it was the mayor who pushed through the vote to allow Meyer a second chance at an extension when both the Zoning Board and the Village Board voted no a couple of years ago, and then changed the makeup of the zoning board to assure passage!

Then McAlpine provided the next bit of comedy. She, for reasons that make no sense, claimed that Meyer forgot to include that “future mining rights” clause in the last deal and that Meyer would not give us the land without future mining rights. That’s like allowing a burglar back into your house because he meant to take the tv but forgot. Meyer forgot? Please. If anything I have learned over these 12 years is that Meyer knows exactly what is is doing. And nothing is done without calculation.

Even if they did “forget,” why not make them pay for it? I think future mining rights is worth more than 6 acres of land.

As for fees for not finishing on time? Well, that all depends on how you define finished. Meyer was supposed to have everything ready for transfer by June 1, 2018. However, there were a few things that needed finishing, but according to them they were finished. But they weren't.  So they would have owed Cary upwards of $200,000 in penalties. However, to be fair, the Mayor acknowledged this and admitted that going into litigation for $200,000 would cost more than fees themselves. Fair point. Basically, Meyer refuses to pay. Which only goes to show what kind of company we have been dealing with here. Imagine if you were selling your home and weren't ready by closing. What would happen to you? Those rules have never applied to Meyer Material Company.

Don’t get me wrong. I am happy that this phase is over. What the future holds, I am not sure. I can tell you this, though: what we have is not Three Oaks. The Village has admitted that.  The money that is in the conservancy fund to maintain the park is not infinite. The Village has no experience running a park like this. The money will quickly fade.

And who will pick up the tab?

That being said, I'll most definitely walk around that lake when it finally opens this Fall. Recently, on Instagram, a young Foxtrails resident posted a picture she took of the lake and it looks beautiful.

At least we have that going for us.

We’ve Waited a Year for This?

So, the Village of Cary is prepared (again) to roll over and give Meyer/Lafarge what they want, in spite of previous agreements and permits.

As you know, Meyer was supposed to give over the land in June 2018. They did not. Now, 13 months later, a new deal has been made with Meyer (how many has it been?) This new deal is really good for Meyer (again).

1. Meyer retains future mining rights on the land. Yep. (Although the new deal says that mining needs to be below surface and from an adjacent property, this agreement and the others show that anything can change. Maybe a few years down the line we’ll have a dredge again. Yeah!)
2. The Village will waive fees and fines. The fact is, Meyer should have been paying fines for not turning over the property on time. Now, they won’t have to.

In return, Meyer is donating 6 additional acres of land that borders Fox Trails and the new parking lot. Although Cary will own the land, we must remember that that land is still within the Village of Algonquin.

Another steam rolling by Meyer. And the Village will no doubt accept it.

And claim victory.

Click here to read the deal.

"Your Endorsement is All That Matters"

I have been really struck this election cycle by the effort and money being spent by Ellen McAlpine and her "We Unite Cary" slate. I don't know how much as been spent by this group, but this is not typical of a Village Board election. From a slick website, to fliers, mailers, and signs everywhere to a podcast that began several weeks ago. And, they have enlisted the help of ex-Cary officials for a slew of endorsements that really is nothing more than a desperate attempt to cover up the mediocrity that has been the status quo of the Cary Village Board.

I have said this before: in regard to the Meyer Material fiasco, Jim and Kim have been stellar in their attempt to hold Meyer accountable. They sought out residents, they listened to the history of the pit.  And they fought to make it right by the residents of Fox Trails.

What did McAlpine and most of those people she has enlisted to provide "endorsements" for herself and her slate do about the Meyer situation? They rolled over. They gave Meyer time. They even over-turned the rules about resubmitting an application by a petitioner after being voted down by the zoning board. As a result, Meyer got a second chance at presenting to the board their reasons for wanting an extension. And guess who voted for overturning that rule for Meyer? It wasn't Covelli or Cosler.  And then, McAlpine gushed about how "great" Meyer Material was to the Village of Cary.

Give me a break.

Kim and Jim have been instrumental in holding Meyer material to the deal. They have been instrumental in eliciting feedback from residents. They take their jobs very seriously and have agonized over decisions but ultimately made those decisions based on the promises that they made and the feedback they received.



And the "We Unite Cary" crowd has been going on and on about how Kim and Jim said no to a $60,000 anonymous donation to the Village. They even made a video, describing Kim and Jim as the "party of no." Kim and Jim acknowledged that the donation was generous but, in the end, did the right thing:  when you stand up for transparency, anonymity is wrought with potential problems. There was no other answer but no.

And anyone who believes in the integrity of government would agree.

And that's what Kim and Jim bring to the Village Board:

Integrity.

A belief that the residents have a voice.

And an unwavering belief in standing up for what is right, even when they know that others will use it to tear them down.

That is leadership.

And that is why they deserve our vote on April 2.

Build Them Up - Covelli|Cosler 2019

When I posted last time about McAlpine and the "We Unite Cary" slate, a resident of Cary criticized my post and stated that "It’s too bad that you use your talents to tear people down and not build them up."

Okay. I get it. So here it is, the first video in a series called "Build Them Up." In it, I discuss the reasons why I am voting for Kim Covelli and Jim Cosler. There is a short version and a long version.


And here is the longer version that gets into more detail about the Meyer Material fiasco next to the Fox Trails subdivision.



Share. Share. Share.

Thanks for watching.

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.

Meyer is Up to It's Usual B.S.

Yep, Meyer has not fulfilled its agreement to the Village of Cary. They have not turned over the land as per the deal. Plus, they have refused to pay fines.

More to come.