I just received a copy of this e-mail from City Manager Randy Oliver this morning:

Dear Mayor and Council:

We just received a call that both Pioneer and Central Illinois Rail were attempting to access the Kellar Branch line this morning. One of the Rail Carriers wants the other [arrested] for trespass. We advised the Officer responding that neither Carrier had authority to operate from the City of Peoria, however, both derived any authority from the Surface Transportation Board (STB). Consequently, neither should be charged with trespass and the STB would need to resolve the issue.

We just wanted you to be aware of the situation.

Randy

Meanwhile, Central Illinois Railroad has filed a petition with the Surface Transportation Board to hold their previous decision in abeyance “so that the parties can resolve issues relating to the rehabilitation of a deteriorated and out of service rail line and Peoria can determine which carrier should operate over its railroad line.” The city’s railroad attorney thinks this petition has no chance of being granted. Pioneer is expected to respond on Friday.

In other Kellar Branch news, the Village of Peoria Heights passed the resolution that the City of Peoria recently tabled. They are also asking for $79,200 a year in rent according to the Journal Star.

UPDATE: Pioneer Railcorp president Mike Carr has written to the City Manager to explain the confrontation that happened today on the Kellar Branch:

Dear Randy:

My apologies for getting you involved in a situation outside of your normal work responsibility. I would like to explain to you what happened as follows:

As you know, it is our position that the STB has told us we can operate the line, and also directed both parties to work out an operating agreement. It is our position, that each company has equal rights to operate the line. I have tried, without success, since the STB ruling, to talk with Jack Stolarczyk about allowing us to inspect the line via hi rail. Stoalrczyk has ignored all of my calls. On the advice of our STB attorney in Washington DC that we have an equal right to occupy the railroad while we are working out an operating agreement, we took the necessary and required Federal Railroad Administration safety procedures, to afford protection to both our employees and CRY employees, and started our inspection this morning, via hi rail truck, starting on Adams street.

Apparently, Stolarczyk was planning to hi rail the line at the same time (?) with someone from the Park District (? according to the police) starting at Pioneer Park. Upon his arrival at Pioneer Park, he encountered our employee who was providing flag man protection to our employee hi railing the line. Stolarczyk went ballistic and called the police, even though I was able to get a cell phone handed to him and I tried to explain to him it is not a police issue (at this point I was in my car headed to the office). After Stolarczyk unceremoniously hung up on me, he committed a serious and flagrant FRA safety violation by ignoring our flag man, who told Stolarczyk that our employees were headed that way hi railing the railroad, and Stolarczyk proceeded to “charge” down the rail line with the intention of “meeting” our employee. This is a complete disregard for personal safety, and in my opinion speaks volume of Mr. Stolarczyk’s character. I hope I am mistaken with the fact that he had a Park District employee in the hi rail truck with him, because if there was a park district employee with him, Stolarczyk placed him in potential serious harm and had no regard for the Park Districts employees safety or well being. I instructed our employees to stop hi railing at the nearest crossing and to be prepared to leave the line upon visually seeing Stolarczyk headed towards them. When Stolarczyk approached, in violation of FRA regulations, we ceded the line out of respect for safety.

We intend to bring this issue up with the FRA.

Finally, I want to assure you that I had no idea that Stolarczyk had planned to inspect the line with the Park District this morning or we would have performed our inspection at a later time. Taken the wrong way, I can see where someone can turn this into Pioneer was obstructing CRY’s attempt to reach a deal for shared usage. It was purely coincidence, and you can strap me to a lie detector test if you like.

If you have any further concerns or questions please feel free to contact me via phone […].

Thanks.
Mike Carr