The Mt. Carmel City Council opened Tuesday's regular meeting with a call for an executive session concerning pending litigation with former city attorney Terry Kaid, who has filed a declaratory judgment action in Wabash County Circuit Court seeking state pension coverage for the years he represented the City of Mt. Carmel.

Mayor Tom Meeks said attorney Douglas A. Enloe of Lawrenceville would be in the meeting and, after a 25-minute closed-door session, the council emerged to formally approve retaining attorney Enloe to represent the city in the matter Kaid has filed in circuit court.

Commissioners unanimously approved a contract for Enloe's legal representation on a motion by Commissioner Jack Emmons, seconded by Commissioner John Fearheiley. Enloe is a member of the Lawrenceville firm Gosnell, Bornell, Enloe & Sloss, Ltd.

The city is hiring the attorney at a rate of $150 per hour plus costs, and approved expenditure of up to $10,000 in Tuesday's motion.

City Attorney Tom Price previously declared a potential conflict-of-interest in representation of the City of Mt. Carmel in the matter, because the outcome of the case could potentially directly affect Price, too, or other future contract professional service providers here.

At issue is the city's belief Kaid was an independent contractor as city attorney, and was not eligible for Illinois Municipal Retirement Fund (IMRF) benefits.

Kaid filed his court action on Sept. 22, 2006, seeking the court to stop IMRF "from reconsidering, revoking or withdrawing the service credit and pension" benefit he seeks.

Kaid is represented in the civil action by attorney John Hundley of the Sharp Law Firm of Mt. Vernon, Ill.

Kaid served as Mt. Carmel City Attorney from January 1981 to November 1992, and was then elected Wabash County State's Attorney for two terms, from Dec. 1, 1992 to Nov. 30, 2004.

Ordinance adopted

In other action Tuesday, on a motion by Commissioner Emmons and Mayor Tom Meeks, the council unanimously adopted Ordinance No. 889 regulating placement of Outdoor Portable Storage Units.

The ordinance requires any portable storage unit to have special use permits limiting the time of use and placement of them, including "no more than one per property."

The new ordinance prohibits "stacking of the unit" and limits their size to 8 feet by 160 sq. ft. maximum. Even signage on the storage structures is limited to one message per unit, four square feet in size.

To obtain the permit for placement of an outdoor portable storage unit, a $50 deposit is required and the zoning board and city council then decide to approve or reject the special use permit.

"Wherever they are right now, they are okay," the city attorney explained the effect of Tuesday's action, "but once they are moved, they can't be put back without a permit."

In another action, commissioners voted to approve Resolution 528, on a motion by Commissioners Norm Brunson and Fearheiley, for the city's share in participation in the Greater Wabash Regional Planning Commission. Brunson, a city representative on GWRPC, said the agency helps a lot of local businesses.

A new local business in the planning by Jeff Doan, an Olney native who graduated from Wabash Valley College in 1980, and who was with NAPA and JD Auto Supply Shop firms in Mt. Carmel, said he wants to build a billiards business here.

Doan indicated he would be building a new 30x50-foot structure with large glass frontage, if he can find the right lot for the business.

He introduced Chris Cunningham of Brewsky's and Mickey Hammond, who would run the pool room.

Cunningham said pool leagues are a growing interest, and the sanctioned Valley League of Southern Illinois already has produced local contenders for state titles in two consecutive years, plus a Las Vegas competitor.

Doan said the new pool hall he hopes to build with some city support could employ up to nine people, and would be a non-alcohol establishment. "We are still working on the details."

Among Commissioner reports, Fire Commissioner Norm Brunson said the MCFD had responded to four fires in the past two weeks, and a wreck at Dogpatch.

He reminded the city council that the five-year bond is out on December 2007 on the last fire truck purchase, and the city should be looking for donations, grants or other funding to help replace the 36-year-old ladder truck.