ALBION—The recriminations about the new Albion Fire Department construction aren’t over, at least as of the last city council meeting, held Monday, May 6.
It was there that the public also learned that there is some kind of litigation pending in the situation.
And while it’s unclear whether the litigation regards the city’s contract with the construction company, Greenwalt of neighboring Wayne County, or if it’s in regard to something pertaining to former mayor Ryan Hallam and his machinations that lead to the contract being signed to begin with.
Firefighters back on the job
Hallam resigned at the February 2013 meeting, literally days after having signed a contract with Greenwalt for an increased construction price (more than $60,000) over and above what the city council had agreed upon when the project to build a new fire station in Albion had come to the table in 2012.
And to exacerbate the situation, there was no vote on record authorizing Hallam to sign any contract at all.
At the March meeting, all construction was called to a halt while the council tried to figure out what was going on with the contract.
The situation escalated when in April, an orchestrated walkout of fire department volunteers was lead by Hallam (also a long-time firefighter with the department) in hopes to impact the council and cause them to honor the contract.
It didn’t work; and several firefighters—including the former mayor’s brother-in-law, Edwards County State’s Attorney Mike Valentine—rescinded their resignation, and the fire department is back to a full contingent, with new volunteers who are being trained joining the eight who came back to the force.
Swearing-in; letter to Greenwalt
At the May meeting (which opened with the installation of new mayor Steve McMahel, council members Dana Mosson and former Edwards County Sheriff Scott Meserole, who were elected in April, and Don Rigg, who was appointed to fill a position in Ward 3 for which there was no candidate, and city officials: city clerk Melissa Felling, and city treasurer Dennis Turpin), almost immediately afterwards, the council went in to executive session to discuss “litigation” with hired legal counsel, Troy Payne of Vandalia.
Following this session, Payne announced that litigation had been filed, and, in the same breath, that the contract for the firehouse was invalid.
This was the announcement the public had been waiting for—those on both sides of the issue, but particularly those who were in favor of the fire station. This bunch included the movers and shakers of the community (at least those who believe they are), representatives of which were in the audience, and who almost immediately began grumbling to the council on the action.
Grumblings from the POCs
Payne, sensing the impending questions from the attendees, stated that a letter had been sent to Greenwalt Construction offering answers in advance to questions Greenwalt might have; the city’s position toward Greenwalt as a contractor; and their position as to why the contract is invalid.
“When is Greenwalt going to get their money?” someone asked as the rumblings began. “Why haven’t they been paid the $60,000 yet?”
“We discussed what was going on in executive session and Greenwalt will be receiving a letter,” Payne answered simply.
“Letters don’t cure everything; it takes action,” Darren Greenwalt, who was in the audience, told Payne to no avail. Shortly after that comment, Greenwalt got up and left city hall.
Mary (Jenks) Erickson, one of Albion’s “POCs” (people of the community), then stood and read a little speech she’d prepared, saying that the council must consider the consequences of the placement of the fire department, and that the location of the fire house is a “forever decision” (excepting, of course, where the previous fire house was located, it can only be presumed).
The council was unmoved by the presentation, and the meeting continued.
Violating state laws as to records
Adhering to state law as it came to keeping records, Alderman Terry Harper advised that when he went to review some of the older closed session recordings from a few months back, they were “not available.”
He stated that he was told the recordings were “removed” by former city clerk Gary Mason.
“Only the council can review and/or destroy the recordings,” Harper reported, “and not only that, but these recordings are supposed to be kept for at least 18 months.”
The statutory authority he was citing was 5 ILCS 120/2.06, the portion of Illinois Open Meetings Act that pertains to recording both open and closed sessions of public meetings.
There was no mention made of any possible legal action being taken against Mason for destroying public records. However, it seems to follow all the spurious activity having been taken on the council over the past year, after Alderwoman Karen Shupe began raising questions and submitting FOIAs about the operations of the fire department.
Diversionary tactics
As if to divert attention away from the matter, Rochelle (Shelly) Thomason, who ran unsuccessfully for alderman in Ward 1 in the April election, spoke up at that point and began hashing at the already-rehashed-to-infinitum subject of where Harper resided.
After running for and attaining Ward 1 alderman in 2011, then-mayor Hallam, perhaps sensing that he now had a couple of honest people on the council (Arroll Stewart joined Harper in a successful election bid that year, and, combined with Shupe’s presence, formed nearly half the council, who immediately began examining expenditures and making appropriate cutbacks in city spending…including the mayor’s father’s involvement in city insurance; see April/May 2013 edition), launched an attack against Harper, alluding to the possibility that the successful CPA was residing, not in his home in Ward 1 (which he’d live in for over a year at the time) but above his office on the square downtown.
The matter actually ended up in litigation, with Harper definitively proving that his residence, where he really did live (he is just a workaholic who spends long hours in his successful business), was indeed in Ward 1.
Nevertheless, Thomason began sniping about “where you really live” to Harper in the middle of the meeting.
“Listen,” Harper told her in his usual, placid tone, “if you want to take me to court over it, that’s not a problem; I’ve already been once to prove my residence is not at my office.”
“There are several people who don’t believe you,” Thomason snapped.
“Yeah, and I bet we can point those people out, huh Terry?” a woman (unidentified by Disclosure staff) in the audience, piped up. ‘I was there when you were going to court for that.”
This left Thomason at the end of her diversion from the Gary Mason/recordings destroyed topic, as most everyone in the room chuckled along with Harper and the unidentified woman, and the subject was apparently concluded…for the time being.