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.

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.


  

Here we go again....

The Village Board meeting on October 4, 2016, went about as well as you can imagine.

After a lengthy discussion and vote regarding Sage Parkway, Meyer presented their new plan to the Village.

Or, as I should say, their plans.  Yes, Meyer presented three very convoluted plans to the Village Board. It was understood that the Village Board was to vote on one of those plans. But that did not happen.

Meyer presented plans A, B and C. However, in the course of the discussion, Meyer explained that they want plan A, which involves the use of a dredger and either plan B or C, which involves the hours of use.

It was convoluted and confusing. The Village Board was unsure exactly what they were voting for. But for three Trustees and the Mayor, that didn't matter at all. They want to get Meyer back in before the next Village Board election, that is very clear.

Meyer assured the Village Board that this new plan would be quieter. Meyer spokesperson Randi Willie even took some sound samples from a quarry in Wisconsin using some sort of sound-capturing device. However, having worked extensively with microphones and video (I have a video production business), it seemed very clear to me that the equipment was not used correctly nor was there any indication of where the microphone was placed or what type of microphone was attached to the device in the first place.  I can tell you this, I will not trust any sound measuring done by a Meyer employee sitting in a boat holding a device in his hand.

Nonetheless, many residents spoke out against granting Meyer a waiver.  As I mentioned in my comments, Meyer seemed to be just throwing plans at the board hoping to have one stick and this is the reason why we have a "cooling off" period to begin with. I also spoke about the fact that many Fox Trails residents received a notice in the mail from the Village and Meyer announcing the ZPA hearing Meyer's petition on October 13. I stated that this "looks bad" because a meeting has been scheduled for something that has not even been voted on as of yet. Even though the letter was signed by the village of Cary, many Trustees did not know of this letter.

Others spoke about their objection to the dredger; a few people spoke about how Fox Trails residents at an earlier meeting were blamed for living in Fox Trails in the first place.

It was deja vu, really. Many of the same arguments were being made over and over again back in 2008.

The most objectionable part of the meeting came when Trustee Chapman decided to arrogantly and condescendingly chastise Fox Trails residents for speaking out at the meeting.

"I don't know what you want," he stated, even though several residents stood up and said not to grant Meyer the waiver. But he went on and on. He even claimed to have gone door to door in Fox Trails.

He didn't come to my door, that's for sure. He didn't come to the door of my neighbors. So, I am not exactly sure who in Fox Trails he spoke to or when he actually went "door to door."

He went on to praise Meyer and then to say this:

"If you guys have problems with the dust and stuff--absolutely, there's a gravel pit back there. And I get it."

It was almost as if he was telling us to just deal with it.  Let me say this, I am glad that there is a Village Board election coming up in April. (To hear Chapman's comment, click here)

So the vote came and as usual it was Trustees Cossler, Covelli and Kraus who really seemed to listen to the concerns of the residents, who didn't seem to like the fact that Meyer was being given another chance. They voted no.

Trustees Chapman, Dudek and McAlpine voted yes. The tie breaking vote came from Mayor Kownick.

So on October 13, Meyer will present their petition to the ZPA. And then it will be back to the Village Board sometime quickly after that.

After we know what exactly Meyer will be presenting, we will be putting together a protest petition to this new ordinance.  We have to wait, however, until after the Zoning Board meeting. Several of us will then walk the neighborhood, gather signatures.

More to come.

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.

Pit Sounds

No, it's not a new Beach Boys album.

It is the sound outside our bedroom window.

Over the last few days, the noise from the pit has been louder than normal. This is to be expected, due to the fact that they are moving closer to the subdivision. Right now, I suspect, they are removing overburden from the cells closest to the subdivision. And it is loud.

I recorded the following audio using a voice recorder app on my cellphone. It was placed in my bedroom window, approximately 1200 feet from the pit. This is pretty typical for the sound coming from the pit, especially in the last few days.

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.

Information regarding the Meyer Extension Vote Tonight

The Village has placed a lot of information on their website.  Here is a breakdown of the mining schedule if approved:

If approved, the mining, which was to stop on June 1, 2016, will continue until June 1, 2019. Three years. 

Here's the thing: according to the current contract, Meyer would have to pay $100,000 a month for every month they go beyond the June 1, 2016 date.  This comes to about $600,000 a year.

Here is the updated ordinance that will be voted on tonight.

The entire packet, including Zoning Board minutes and resident emails can be read here. Beware, it is long:

This is it...The Meyer Vote Comes on Tuesday

After a couple of postponements, it appears that the Board is now ready to vote on the Meyer extension. And all signs point to a "yes" vote. But only we can prevent that from happening.

It appears, as usual, Meyer has sweetened the deal. Somewhat. They've sweetened it at least enough to make this new board feel inclined to vote yes.  And, at the last couple of meetings, a very nice "plan" was presented on what the Village would like to do with the land. A plan that cost some $16,000 to put together, by the way, with no real proposals on how it would get done.

According to the new deal, Meyer is now going to pay for some improvements to the Fox Trails subdivision (as one person on Facebook remarked: Maybe now we can get an 'S' for our sign) totalling some $50,000. This sounds good to the board, but one has to remember that Meyer will have to pay fines if they go beyond the June 1, 2016 date. So one month of fines is more than double what they have offered. Doesn't sound like a great deal to me.

Here are some other points:

1) The Zoning Board gave a resounding "no" to the extension deal back in February

2) The homeowners of Fox Trails were assured by a previous board back in 2008 that the penalties in the contract would make it so Meyer wouldn't come back and ask for an extension.  And here we are. This board is increasing the fines, but who is to say the same thing won't happen in three years?

3) If Meyer stops mining as they should on June 1, we still get a lake. Meyer still needs to restore the land. The lake will be a little smaller, but so what.

4) The area that still needs to be mined is right next to the Fox Trails subdivision. Happy summer everyone!

5) Half of the proposed recreation area is in the Village of Algonquin. I'm not sure if this has been worked out as of yet.

I think most of us are just tired of this mess. We want it done. We are tired of the dust and the noise. It's time to say goodbye to Meyer Material Company.

Please come to the meeting on Tuesday. The more people who show up the harder it will be for them to vote yes on the extension. If you can't make the meeting, please send a message to the board at villagehall@caryillinois.com

Meyer Discussion on April 19.....Vote on May 3

At the Committee of the Whole meeting on April 19, the board will be discussing options for the Meyer pit. At the last meeting, the board presented a drawing of "Option B" in regard to creating a huge recreation area out of the pit. What Option A was, they did not say. The Village spent $16,000 for these nice drawings.

So another meeting will commence to discuss what to do with the pit.The biggest issue: Half of the pit is in Algonquin. The Village of Algonquin is considering ceding that land to Cary in exchange for some revenue sharing. We'll see.

Mark your calendars for May 3. That is when the final vote will be taken.