Plote expansion plan raises concerns

My View: Quarry expansion plan raises concerns about trust

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By Sherry Branson , District 3, Boone County Board

Posted Oct 5, 2018 at 6:20 PM Updated Oct 5, 2018 at 6:20 PM

Plote Construction would like to add an asphalt plant, recycling plant, concrete plant, and an industrial park to their quarry on Irene Road. I am usually pleased to see growth in our community; however, that is not the case with Plote. This company bullied their way into Boone County, by suing Boone County over our ordinance.

Former States Attorney Jim Hursh settled the case by entering into a settlement agreement with Plote. This process allowed the quarry to start its business without holding a public hearing. In other words, it allowed Plote to force its business into an area surrounded by subdivisions without giving the neighbors a chance to object.

That agreement served as a special use permit for five years and, when it expired, they were to apply for a special use permit. Not only did Plote not adhere to the conditions of the settlement agreement, Plote failed to apply for the special use permit, until they got caught.

Plote operated its business illegally for three years! Former State’s Attorney Michelle Courier caught the error when she received a letter informing her of Plote’s intent to operate with extended hours. Courier wrote them back, informing them that they had no permit, and that operating with extended hours violated their settlement agreement.

When Plote applied for the special use permit, a public hearing was held. At that hearing, the neighbors proved that Plote was non-compliant with the terms of their settlement agreement. Not wanting to put them out of business, the Boone County Board issued them a shorter 15 month “to allow the board to monitor them for compliance.” A month or two later, Plote “applied early” to renew the permit and, somehow, they were given a five-year permit.

Within 60 days of getting that permit, county officials witnessed multiple days of quarrying operations taking place outside of the allowable hours. At that point, Michelle Courier took Plote to court for violating the terms of their special use permit.

While the case was being heard, Bob Wallberg, our former County Board chairman, called Judge Rob Tobin and tried to influence the case! Judge Tobin ended the call, and disclosed the matter to the attorneys involved.

Judge Tobin also recused himself from the case and the case was reassigned to Judge Nicolosi. When Dave Zumbrum, Plote’s project engineer, was questioned under oath, he told, Judge Nicolosi that they had “one overzealous employee” who was coming to work early to fill and weigh trucks and that the employee had been disciplined.

Judge Nicolosi found them to be “in indirect civil contempt for violating an injunctive order.” Plote appealed his ruling to the Appellate Court, and the Appellate Court upheld Judge Nicolosi’s ruling. As the case continued through the court system, a new state’s attorney was elected, and eventually the case was resolved with a settlement agreement.

Now Plote is attempting to annex (or pre-annex) into Belvidere and to expand. Why? Apparently, Plote wants us to trust them to follow the rules and to be responsible with an asphalt plant. I believe that “the best predictor of future behavior is past behavior” and I do not trust them.

Would you? Their hearing is scheduled with the Belvidere Planning and Zoning Commission at 6 p.m. Tuesday in City Hall, 401 Whitney Blvd. Belvidere. Please join me in voicing your concerns. Sincerely,

Sherry Branson represents District 3 on the Boone County Board.

Above is from:  http://www.rrstar.com/opinion/20181005/my-view-quarry-expansion-plan-raises-concerns-about-trust

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   Bonita L Gerdes published a post on Boone County Community Forum SEE: https://www.facebook.com/bccforum/inbox/959936650882394/?notif_id=1539445979453599&notif_t=page_wall&mailbox_id=338323016377097&selected_item_id=959936650882394

Boone County residents near the Irene Rd Quarry have a problem and need help/support. The owner of the quarry is attempting to annex into the city of Belvidere and for a few reasons:

They wish to obtain a THIRTY YEAR permit from the City to avoid having to reapply every 5 years to the County. When they reapply every 5 years there is an opportunity for residents to voice opinions on the lack of the quarry meeting their conditions in the permit. They want 30 years free of having to listen to the residents that are within 1 mile of the quarry.

They want to extend to an asphalt plant, recycling plant and concrete plant on the existing property. The hours of operation are requested to change to 5am to 10pm. Local residents, at least 100 homes are within 1/2 mile or less of the quarry and the blasts and smells much less the truck traffic will terribly affect all of them.

The quarry has violated conditions in the past so the outlook is quite poor. Their record with Boone County is poor at best.

At a recent Planning and Zoning Committee meeting in Belvidere one of the quarry managers was asked about another of their quarries in Huntley Il. The question was if there were complaints from the home owners around that quarry and the answer was NO. In looking at the map of that quarry I counted 12 homes within 1 mile of the quarry. Not like 100 or more here. In addition, 10 of the homes were farther from the edge of the quarry than the subdivision in Boone County. So again, not an untruth but a calculated reply.

Also, the quarry manager for the Irene Rd Quarry was asked how heavy truck traffic is now and how extending their hours of operation would increase traffic. Specifically he was asked how many trucks enter and leave the proprty daily. HE DID NOT KNOW. Think about that...he is the manager.

I personally know how tough it is to turn from Graham Rd onto Irene Rd and I travel there in mid day light. Imagine if before dawn and after dark you had to calculate turning on Graham, either direction, and avoid the trucks coming over the hill from the quarry.

I live approximately 1.5 miles directly east of the quarry and when there are blasts can clearly hear them and feel the earth shake. With the quarry expanding operations this will only be more frequent.

Please look closely at the request and the record of problems/complaints for this quarry. Allowing them to annex into Belvidere will only give them more leeway to breach their contract.

Voice your opinion at the 11/19 meeting at City Hall.