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Settlement reached between Town of Kendall, Darlington Community Fire Commission

POSTED July 13, 2017 10:52 a.m.

DARLINGTON – The Darlington City Council approved a settlement agreement between the Town of Kendall and the Darlington Community Fire Commission for the amount of $9,290.
The Town of Kendall voted to sue the Commission in February 2016 after the Town of Kendall withdrew from the Commission Dec. 31, 2015. Kendall alleged that the Commission breached their contract, failing to pay them a share of assets or the value of their interest in the Commission, after they withdrew.
Mayor Dave Breunig stated that the newly elected chairman Mark Rehmstedt and other members of the board came to the Commission without attorneys wanting to reach a settlement.
“At the meeting the Commission decided on a settlement to get it done,” Breunig said.
Board member John Sonsalla asked if they have to pay any of the attorney fees for the Town of Kendall. In the settlement agreement, the parties involved, which included the Town of Darlington, Fayette, Lamont, Seymour, Willow Springs and Kendall, will pay their own lawyer fees.
“Before it was always we were going to pay for their attorney fees,” Sonsalla recalled.
Steve Pickett commented that Kendall originally wanted $23,275 to upwards of $80,000 and their attorney paid for.
Breunig and Sonsalla were surprised that Kendall had accepted the settlement. Pickett said Kendall just wanted this over with.
“Everybody discussed it and realized that everybody is trying to do their best without giving everything away. We just couldn’t go any higher,” Pickett stated.
Don Osterday made the motion to approve the settlement with Pickett seconding. The motion passed unanimously.
The settlement agreement will need to be approved by the other townships involved for the agreement to be fully accepted.
Other Business
The Darlington City Council also approved:
-Resolution 2017-04, approving tax increment District No. 6, Project Plan Amendment No. 2.
-Resolution 2017-05, approving tax increment District No. 7, Project Plan Amendment No. 1.
-Resolution 2017-06, vacating portion of Saunders Drive and Amending the Official City Map.
-payment for all June 2017 vouchers.

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