Renewed efforts to minimize dust and noise at the Conco Cos. quarry in Willard are under way now that the Springfield-based concrete supplier and city have settled a long-running legal dispute.
At its Dec. 8 meeting, the Willard Board of Aldermen reviewed the terms of the legal settlement, which both parties formally agreed to earlier this month. The settlement effectively ends litigation initiated by the city of Willard against Conco in April 2006 in Greene County Circuit Court that challenged the quarry's zoning.
"We think the settlement is fair, and we're pleased to have the legal issue resolved and look forward to implementing the settlement," said Conco Director of Corporate Services Andrew Baird.
Baird and Willard Mayor Jamie Schoolcraft were heavily involved in negotiating the settlement.
"A city shouldn't be fighting with one of its largest corporations," Schoolcraft said. "We all live in the same community. We should be able to work things out instead of going to the courts. We're all grown-ups."
For decades, the city and Conco have been at odds over the sprawling, 1,000-acre quarry east of U.S. Highway 160 on Willard's south side. Conco has owned and operated the quarry since 1964, said Springfield attorney John Price, who represented the company in the suit.
Price, with Carnahan, Evans, Cantwell & Brown PC, said the relationship between city and Conco officials was amicable in 1979, when Willard annexed the quarry. But the rapport gradually deteriorated over the years as complaints about dust, noise and quarry aesthetics increased, he said.
Under the settlement, Conco has agreed to a number of conditions beefing up the buffer zone around the quarry with setbacks, berms and vegetation.
Willard City Attorney Doug Harpool said the plan to shield nearby residents from the quarry operations was the best - and least expensive - outcome under the circumstances.
During a public presentation to the board Dec. 8, Harpool said he didn't think the city would have prevailed in its lawsuit against Conco, due primarily to poor record keeping.
"Some records were simply never found," said Harpool, with Springfield firm Baird, Lightner, Millsap & Harpool PC. "Then we found also some plain errors in our records."
Facing off with Conco in court would easily cost the city more than $100,000 and could drag on for years, Harpool said. City officials instead met with residents about their concerns and began a dialogue with Conco in late 2006, Price said.
Much of Conco's frustration throughout the years has been the regular turnover of Willard's elected officials, Price said. In April 2007, Mayor Jamie Schoolcraft took office and picked up where predecessor Tom Keltner left off.
"I would credit the new mayor and city attorney with taking a fresh and realistic look at whether the city should spend time and money litigating this versus coming to a reasonable resolution," Price said.
That resolution deals solely with four pieces of quarry property owned by Conco, according to the settlement. Conco has agreed to build 17-foot-high berms along U.S. 160 and along the quarry's eastern edge.
In certain areas, Harpool said, the company will plant trees and shrubs that will grow to at least 20 feet to increase the height of the natural barrier.
Through negotiations, the city and Conco also developed a memorandum of understanding designed to keep the lines of communication open as the company works to fulfill its end of the bargain.
"Its purpose is to hopefully change in the future the relationship of Conco and the city to one of open communication and working together for the safety of the citizens of Willard," Harpool said.
Price said the settlement and memo of understanding have provided long-term certainty and stability for Conco and the city, and reinstated a "cooperative footing" that both parties enjoyed years ago.
Conco also has agreed to formally study best management practices for reducing dust and noise at the quarry, according to the memo.
The study will begin within the next two months, and its results will be made available to the city by late 2009.
Meanwhile, Harpool said, city officials will work to strengthen their nuisance ordinances to further address quarry-related concerns. To enforce those ordinances, the city will need to invest in sophisticated equipment designed to monitor dust and noise coming from the quarry, Harpool added.
Price said his client would appreciate the opportunity to review any new regulations that might affect the quarry operation.
Schoolcraft said the ordinances would not be heavy-handed.
"We're not going to ask them to make zero noise," the mayor said.
"We don't want to make it impractical for them. We just want to find that middle ground."[[In-content Ad]]
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