You may recall that Pioneer Industrial Railway wouldn’t give their permission to the Recreational Trail Advocates (RTA) to do a “clean up” along the Kellar Branch line. It appears the RTA is going to ignore that denial. Their minutes record:
H. Status of spring cleanup-David Pittman discussed the hoops had to go through to set up the April 26 trail cleanup with the City of Peoria. He was given written permission by City of Peoria Attorney Randy Ray to proceed but he was told to get the permission of the two railroads—Central Illinois Railroad (CIRY) and Pioneer Railway Corporation (PIRY). CIRY said the clean up was fine but PIRY refused to give RTA permission for the trail clean-up. Peoria Park District (PPD) has liability insurance for the event. Bruce moved we go ahead with the clean-up having the permission of the City of Peoria attorney; Joyce seconded; motion carried. The section to be cleaned will be from Pioneer Parkway to Northmoor Road with PPD property on Knoxville and Northmoor Road as the staging area. Lunch will be provided and the lunch will be served at the homes of Matt and Steve Jaeger who live close by on Oak Point Court.
I would point out that Ray’s permission was contingent on the RTA getting permission from the railroad companies, which they did not get. And it wouldn’t be “trail cleanup” because there’s no trail there. It’s a railroad track on a railroad right of way.
It also appears they’re trying to go around to neighborhood associations to drum up support. Elsewhere in their minutes, it’s stated:
F. Progress on contacting homeowner associations–Dave Pittman has divided the 136 home owners’ associations into 3 groups sharing with Mike Pula (northern city) and Mike Rucker (central city). The associations have been approached initially about supporting the conversion of the Kellar Branch into a recreation trail and have been offered an opportunity for RTA members to come their meetings to answer any questions they may have. The goal is to have the associations adopt a resolution of support for the trail. It was noted that 20 property owners’ associations were within ½ mile of the Kellar Branch. Steve S. felt the home owners should be warned of diminishment of their property value if the rail remains intact. Mark K. offered to help with the association contacts.
One of the neighborhood associations Pittman has contacted is the Neighborhood Alliance. I was invited to give the other side of the story at that association meeting, which will take place in April. Perhaps I should ask the property owners if they feel comfortable supporting an organization that has no qualms about trespassing. Residents in older neighborhoods just love trespassers.
If you’re interested in the rest of their plans, here are the complete minutes:
MINUTES
Recreational Trail Advocates
March 3, 2008 7 PM at Paparazzi Restaurant in Peoria HeightsPresent: John Chambers, Bruce Brown, Matt Allen, Pat Arnold, Mike Phelan, Mark Klokkenga, Steve Shostrom, Joyce Blumenshine, Tim O’Hanlon, Steve Jaeger, J. P. O’Brien, Mike Rucker, David Pittman, Sandi and George Burrier
Approval of the Minutes of February 11, 2008—Motion by Tim; seconded by Joyce; motion carried
Approval of the Treasurer’s Report of March 3, 2008—Motion by Bruce; seconded by Matt; motion carried
I. Old Business
A. Still no information has been available regarding the payment of rent or negotiations of an operating agreement despite Pioneer Industrial Railroad (PIRY) making a delivery of lumber to Carver Lumber Company 4 times in 2008.
B. Update of any trail marking plans–Mike Pula was absent but sent message he was getting ready to start trail marking when the weather breaks. Mark offered to help with the trail marking also well as previous offers by Phil Lockwood who was absent.
C. Progress of a meeting with Globe Energy-Dave Pittman—Dave has called Dave Jones of Globe weekly but still does not have an appointment to meet with him. Dave and John Chambers have a presentation to give Mr. Jones regarding the needs of rail passenger service in the future.
D. Progress on the pamphlet–Mark had a draft of the pamphlet but the consensus was to have a prototype prepared with pictures at the next meeting before proceeding with the printing. It was decided to have RTA listed as a supporter of the Friends of the Rock Island Trail, Inc. Mike Rucker will strengthen the accomplishments section of the pamphlet and help with revisions.
E. Progress on the ad for pro bono legal assistance–Bruce Brown reported that the ad would appear on March 4, 2008 in the Peoria Journal Star business section. When the ad was printed the JS printed the website wrong so they will print the ad again on March 11, 2008 at no added cost.
F. Progress on contacting homeowner associations–Dave Pittman has divided the 136 home owners’ associations into 3 groups sharing with Mike Pula (northern city) and Mike Rucker (central city). The associations have been approached initially about supporting the conversion of the Kellar Branch into a recreation trail and have been offered an opportunity for RTA members to come their meetings to answer any questions they may have. The goal is to have the associations adopt a resolution of support for the trail. It was noted that 20 property owners’ associations were within ½ mile of the Kellar Branch. Steve S. felt the home owners should be warned of diminishment of their property value if the rail remains intact. Mark K. offered to help with the association contacts.
G. Further discussion regarding request for donation to Stark County Trails & Greenway—George suggested the RTA wait to donate a physical item such as a bench, table, etc. to the trail when it has been built. Mark K. made a motion to defer until the future for a donation Stark County; Bruce seconded; motion carried.
H. Status of spring cleanup-David Pittman discussed the hoops had to go through to set up the April 26 trail cleanup with the City of Peoria. He was given written permission by City of Peoria Attorney Randy Ray to proceed but he was told to get the permission of the two railroads—Central Illinois Railroad (CIRY) and Pioneer Railway Corporation (PIRY). CIRY said the clean up was fine but PIRY refused to give RTA permission for the trail clean-up. Peoria Park District (PPD) has liability insurance for the event. Bruce moved we go ahead with the clean-up having the permission of the City of Peoria attorney; Joyce seconded; motion carried. The section to be cleaned will be from Pioneer Parkway to Northmoor Road with PPD property on Knoxville and Northmoor Road as the staging area. Lunch will be provided and the lunch will be served at the homes of Matt and Steve Jaeger who live close by on Oak Point Court.
I. Status of meeting of the Peoria/ Village of Peoria Heights joint rail/trail committee-–Steve Jaeger and J. P. O’Brien—The meeting scheduled for February 29 was cancelled and no further meetings have been rescheduled. Steve and J.P. believe that the City of Peoria and Village of Peoria Heights have authorized up to $5000 to the engineering study. It was noted that PIRY would only pay $2500 if the firm was the firm that they submitted the name. The time line of selecting an engineering firm by April 1 was questioned with the meeting cancellation. The group questioned how the project will go once the engineering firm has given their findings and want the committee to make a recommendation to the city and village about the project. Steve and J.P. were asked to contact George or Bruce when another meeting of the committee of 6 is scheduled. Bruce will communicate to Mayor Allen that the 3 Peoria Heights people make some kind of recommendation from the findings of the engineering firm.
J. Status of an updated data list–Bruce Brown and Matt Allen—by April meeting they hope to have a data base started
K Status of planning of a local Bike to Work Week for May 12-16, 2008—David Pittman—No liability insurance is required for this type of “loose” activity. Surrounding communities such as Morton, East Peoria, Washington, etc. will be encouraged to be included. RTA will host coffee and donuts at the Gateway Center on the riverfront (George and Sandi volunteered to host). The area bike shops will be asked for door prizes and we will be provided advertising pamphlets for the event. Riders will be encouraged to start early for a safer journey. The media will be informed of the event. George will draft a proclamation for Bike to Work Week to give to the mayors.
l. REMINDER–Peoria is updating its master plan and is seeking Peoria residents to complete a 15 minute survey of what you would like to see happen? Hint: Kellar Branch Trail Please call 494-8600 to ask for a paper copy of the survey or rblack@ci.peoria.il.us to go online. Here is your chance to make your feelings known.II. New Business
A. Peoria Board of Realtors resolution of support for the Kellar Branch—Bruce—Mike Maloof was to present a resolution of support for the trail but the outcome is not known at this time. Would we want a press conference if and when this happens?
B. Meeting between former Mayor Jim Maloof, Dave Maloof and Carver Lumber Co.–Bruce Brown—no knowledge that it has taken place.
C. Efforts of Mayor Allen to broker an agreement-Bruce believes that the Mayor is looking at safety requirements of the railroad.
D. Formation of Nominating Committee for May election of officers—Joyce and Mike Rucker will work on a slate of officers. Officers are president, vice president, secretary, treasurer, and 3 directors. To run for office or to vote your $10.00 dues must be paid for 2008!! Mike Pula, treasurer, will be asked to bring a list of paid 2008 members to the April and May meetings.
E. New Rock Island Trail publication available called “The Rock Island Trail—Echoes from the Past” by Jim David. If you wish to buy the book it is between $7 and $8—contact jdavid1251@yahoo.com for details. It is also available in the bookstores.III. Announcements or Updates
The next monthly meeting of the group will be Monday, April 7, 2008 at 7 PM at Paparazzi’s Restaurant in Peoria Heights.IV. Adjournment—Motion by Mark and seconded by David
That’s really a wise move…the decision to trespass is IN THE MINUTES.
The article states that the Peoria Park District has liability insurance to cover this event. I am just curious as to how their insurance can cover a non-PPD event that is held on non-PPD property.
Why is the Peoria Park District (PPD)providing liability insurance for the event? Does this mean taxpayer money is being used? Does the Park District know that the cleanup is “trespassing”?
The action of entering the property of another for the purpose of removing litter would likely not be actionable trespass to land. The defense of necessity could be invoked by the “trespassers.” Necessity permits actions that would otherwise be a trespass where the evil sought to be prevented by the entery up the property is greater than the evil of the trespass. Here, if there is litter (“any disgarded, used or unconsumed substance or waste”) present on the rail property the club members would be justified in entering the property to remove the litter. It is the stated public policy of the state of Illinois that “litter is detrimental to the welfare of the people of this state,” and it is a violation of the Illinois Litter Control Act (415 ILCS 105/1 et seq)for a person to allow litter to accumulate upon real property of which the person is the owner or tenant in control. A very strong argument could be made that the RTA would be justified entering the land for the pupose of removing litter, which the owner has allowed to accumulate in violation of the law.
Grisman wrote: “The article states that the Peoria Park District has liability insurance to cover this event. I am just curious as to how their insurance can cover a non-PPD event that is held on non-PPD property.”
This is most likely because the PPD thinks they have a right to the Kellar Branch.
If it weren’t for those pesky trains…
Dave, I think the fact that they asked for permission and were denied would negate any justification to trespass.
Also, I don’t think “…the evil sought to be prevented…” would apply to litter that has already accumulated on the tracks. You are not “preventing” anything from happening, certainly nothing “evil”.
Unfortunately the Illinois Litter Control Act does not apply to railroads. The FRA has been notified of the intended violations and appropriate action will be taken if this event proceeds. The RTA and the PPD simply do not understand that the common ground rules do not apply to railroad tracks. They need to brush up on their transportation law.
The fact that they sought permission to enter the property for the purpose of removing the litter, but were denied the permission, would actually give more support to the “necessity” of entering the property. Also, if they had permission, then they wouldn’t need to raise the necessity defense. Also, allowing litter to “accumulate” is contary to the public policy of Illinois and a violation of the statute. Entering the propety, without permission, while an “evil” would be necessitated by removing the greater “evil” litter. If the railroad does’t want the RTA to remove the litter, then they should do it themselves. If they are unwilling or unable to, I think the law would permit the RTA members to enter the property for the purpose of removing litter.
No, the fact that you were denied permission to enter the property means you should not enter the property.
The Litter Control Act also says:
Note that it does not say it shall be enforced by the RTA or other vigilantes.
How does the RTA know that there is a litter problem if they have not already trespassed to take a look?
I have been in touch with FRA today and appropriate action is being taken. And they verified that the Illinois anti-litter act does not apply to railroads as I earlier stated. Also, not long ago there was a library bus doing a tour in Illinois that was covered by similar insurance as the PPD is offering. They were involved in a horrendous accident where lives were lost. The families sued the entity (PPD same as) for millions of dollars. Because the insurance was paid with taxpayers money the taxes were raised to pay off these claims. This very same thing will happen if anyone gets hurt on this so-called clean up day on the tracks. Also the railroad that opposes this event will sue the insurance holder. This is going to be one heck of a mess. And how does the RTA and the PPD get away with advocating lawbreaking? Let them fight their legal battles in court not on the tracks where it is illegal and dangerous too boot.
Sorry, I had to leave for awhile. Apperently this is a very emotional subject. I have to confess, I have not been following the rail to trail issue all that much. My purpose was to point out that the law recognizes “necessity” as a DEFENSE to a charge of criminal trespass. That’s all. If the trail huggers were charged with trespass in criminal court, it seems to me that they would be able to raise “necessity” as I have described it previously as a defense. Whether the litter statute applies to the railroad is not relevant. That statute, particularly the purpose clause, merely helps establish the greater evil (litter) that is necessary for a “necessity” defense. Having said that, I would also say, who wants to be defending themselves against any criminal charge. My purpose was to point out that the law is not so inflexible as the original comment seemed to imply. Sometimes trespassing may be necessary – when it will prevent a greater evil that the act of trespassing. (Note to David P. Jordan: Lack of permission makes it trespass. Necessity makes the trespass legal.)
Dave: Try that “necessity” defense incourt and you will be paying someones’ attorney fees on your way to jail for trespassing. What a lame excuse!!
I suppose an ad hominem argument would have to appear sooner or later.
Any chance people will be arrested? If so which local blogger is going to put the video up on youtube. Who doesn’t love watching the smack put down on those who think they are above the law. It is interesting that in the minutes of the meeting they mention having liability insurance. I thought one of the points PIRY made in their response letter was that RTA didn’t provide proof of liability insurance.
What if the people wanting to do the clean up are seeding the property with litter?That would be a nice photo-op.Or they show up and there is no litter.The insurance thing with the PPD cannot be legal, wouldn’t the cleanup crew have to be employees of the PPD.How would they explain the use of taxpayer money for a blatant publicity stunt.People will be arrested if Mr.Carr or his representative are present and press charges.DO they need a permit to assemble? Just throwing things out there,i’d love to see them hauled off in the wagon.
What a great way to get people to understand your point of view….BREAK THE LAW!!
Dave wrote: (Note to David P. Jordan: Lack of permission makes it trespass. Necessity makes the trespass legal.)
Tell that to the judge, not me 🙂
Dave — I’m no lawyer (as I’m sure many will be happy to affirm), but I did a quick Google search on the necessity defense for trespassing, and found several places that say that defense “exists only if (1) there is no legal alternative to breaking the law, (2) the harm to be prevented is imminent, and (3) there is a direct causal connection between breaking the law and preventing the harm.” Clearly, the RTA’s planned actions do not fit any of those criteria.
Oh, this is going to be good. And watch, if one of them got hurt doing this “clean up” they would probably try suing the railroad.
RTA/PPD it is time to jump on board with the joint use or give it up. You have wasted 10+ years and a lot of people’s money fighting for this. You have to know when to hold them or fold them.
I used to live in the Versailles Gardens apartments- the last building, right by the tracks (I moved out last August). I walked the tracks once (legally, with permission) and never saw any litter. Perhaps other parts of the line are a mess, but in the part I’m familiar with “picking up litter” would be a total waste of time. It could take hours to find one or two empty soda cans. They would need to bring their own garbage to spread around before having something to clean up.
There’s no litter on the Kellar Branch. Like CW wrote above, the RTA is setting up a publicity stunt. Nothing more.
Me thinks that RTA must stand for Reckless Trespassing A**H***S.
The “necessity” defense? Does that work if you see trash on the tarmac at the airport or in the middle of I-74? Can we just walk out on the airport runway and pick up trash and up and down the middle of the freeway and pick up trash? Walking up and down a live railroad track makes about as much sense. Also, how can the PPD cover such an event with insurance bought with public funds which is advocating an illegal act? Two and two are not making four here.
SD, What does the PPD ever do that makes sense? This is a taxing body that spends our money willy-nilly on new projects and lets the older parks wither and decay. Shame on them. The PPD has betrayed the public trust for far too long and it is time to clean house.
A few notes: sometimes doing something illegal to shine some light on an issue is morally defensible. Take a look at the old nuns who are in Pekin Federal prison for trespassing/protesting nuclear arms.
As to whether trespassing to get a rail built is worth going to prison is a personal choice.
I think the PIRY guys are scumbags and would love to see them prosecute people picking up litter. I think that would make for some great photos and press for the rail advocates. I would wager they will send a train down the tracks to intentionally endanger the litter-pickers during the event, just like they blocked the tracks with their train cars a while back.
pryoria vanillinois, The PIRY and the CIRY have the legal right to be on the Kellar Branch. The RTA has absolutely no legal right to be there. The rule of law must prevail; all else is chaos.
It won’t be PIRY or CIRY prosecuting the violators it will be FRA (Federal Railroad Administration) Its their law that these people will be violating.
pryoria vanillinois,
(1)Those nuns are naive and are an embarrassment to their faith. They broke the law and are serving time for it. You’re showing your marxist sympathies. Move to North Korea, please.
(2) There’s little or no litter along the track between Northmoor and Pioneer Parkway. What little is there is found on either side of the road crossings. Your group would do better to have a clean up day for area roads, not railroads.
(3) But if you’re so worried about litter on railroad tracks, then I propose you write to BNSF, Canadian National, Illinois & Midland, Iowa Interstate, Keokuk Junction, Norfolk Southern, Tazewell & Peoria, Toledo, Peoria & Western and Union Pacific and request permission to do the same on their lines. No, you won’t get permission but that doesn’t really matter, does it? Sometimes doing something illegal to shine the light on an issue is morally defensible, right? After you set up your clean up day, make sure you watch for those 40mph trains that might come by on some of those lines.
(4) The Surface Transportation Board has made its final decision on the issue. You lost. Get over it.
David,
Looks like you’re in “Hillary” mode….putting forth your view at any costs.
He differs with you in his opinion…”get over it”. Not everyone agrees with your view.
You often complain about the closed-mindedness of the other side; how about putting your comments into action and exhibiting some openness to differing views.
While not Catholic- I find your comments about the nuns disturbing. I think whether they are an embarrassment to their faith should be left to the appropriate religious authorities. They answer to someone much more important than you or I.
That said, I do think it was nothing but a publicity stunt. But why didn’t PIRY just say “sure go ahead” and get the good PR for themselves. Any litter present would have been cleaned up and ten volunteers picking up trash aren’t going to hurt the rails. Hell, more kids than that congregate to drink along the line at some locations.
PIRY did not say “sure go ahead” because they are legally responsible for anyone that walks on that track. The PPD’s insurance would not cover all the costs of an accident/injury and then that insurance company would come back and sue the railroad for the money back. It would end up with a huge legal mess with everyone suing the other one and spending a lot of money on legalese. The point is, that it is ILLEGAL to walk on the tracks period.
As far as being single minded the pro-rail group has held out an olive branch for many years to assist in getting a trail alongside the rail. Its the pro-trail group that has been single minded and refused to work together with the rail group.
SD – you don’t have to walk on the tracks to pick up trash – that is probably along the sides of the right-of-way. I’m sure PIRY’s attorneys could have drafted a waiver for participants to sign —
And I’m not in favor of the PPD providing insurance for this litter pick up. They need to focus on their “core services” first.
Peo Proud,
“Hillary mode?” Of course, you know this means war 🙂
I’m not Catholic either but my point can actually be applied to all monotheistic western faiths. I stand by what I say…Many of those reading my comments know exactly what I mean, however, in the interest of decorum, I’ll say no more on it.
As for “get over it,” trail proponents can ignore sound advice, continue to waste their time, resources and taxpayer’s funds on their misguided agenda.
The reason PIRY refused RTA’s request is about liability. Of course, it doesn’t matter whether PIRY allows it or not, because we know RTA is going to hold their event anyway. For their part it has nothing to do with cleaning up; it’s about PR, and PIRY is rightfully refusing to enable them.
David,
My comments were all in good fun 🙂 While I’m not the avid (rabid) train supporter you are, I have learned alot about the economics of transportation from you and additional research that you’ve caused me to undertake to better understand the facts.
Rail is a definitely positive transportation mode that will continue to become more economically competitive with rising gas prices. I read an interesting piece this morning that it is actually more environmentally friendly for consumers east of Columbus Ohio to drink French wine than California wine due the difference in environmental impact of shipping methods (over the Rockies via trucks versus ocean shipping).
The only real point I differ on is whether the need exists to maintain this one particular spur….but I have to admit, I’m slowly moving toward your point of view that other co-use options should be fully explored first.
peo proud, Think of the future. With higher gas and diesel prices light rail transportation from downtown to the big Peoria housing and shopping growth area is likely feasible now and a study needs to be done. Check and see what other cities are doing and think of the big picture. The Kellar Branch is a precious community jewel that needs to be fully used to benefit all the citizens.