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Excerpts from the DailyHerald.com:
The Rutland Dundee Fire Protection District is seeking court intervention to end a long-standing contract that requires it to provide fire and ambulance services to around 30 homes in the West Dundee Fire Protection District. The district claims that its residents are being unfairly burdened by paying three times what West Dundee residents pay for the same service, and that the original agreement, first approved in 2004, was altered by officials who are no longer on the board.
The contract, which was signed in November 2004, set an annual cost of $7,500 for Rutland to provide these services. The West Dundee Fire Protection District consists of high-end homes located off Frontenac Drive and Boncosky Road, west of Route 31. While it is a taxing body, it only exists on paper and relies on state law to contract for emergency services.
Tom Gilbert, attorney for the West Dundee Fire Protection District, argues that Rutland should honor the agreement, which is set to expire in April 2020. He notes that while the contract has been updated over the years to account for inflation, the current tax cap under the Property Tax Limitation Act limits Rutland’s ability to raise rates, resulting in Rutland residents paying about three times more than their West Dundee counterparts.
"It's the deal they made," Gilbert said, adding that the original $7,500 agreement is now valued at approximately $12,000 due to inflation. "Our goal is to stick with the agreement."
The lawsuit also highlights that all previous Rutland fire trustees who approved the original contract and any subsequent amendments are no longer serving on the board. As a result, the current board claims it is not legally bound by the terms of the agreement.
If the court rules in favor of terminating the contract, several possibilities could arise. The most immediate would be that the West Dundee Fire Protection District either seeks services from another district or renegotiates with Rutland at a higher rate. Historically, the district had contracted with the village of West Dundee for fire services in the early 2000s, but switched to Rutland after the village requested a rate increase.
The case is scheduled to go before a judge on August 13, with both parties preparing for a legal showdown over the future of this longstanding agreement.
Thanks, Ron
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