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New board backs funding for Tower Ambulance

Township attorney finds no liability concern over donation

Jodi Summit
Posted 4/10/24

GREENWOOD TWP- The change in leadership on the Greenwood Town Board has brought a reversal on one of the most contentious issues in the township in recent years. After three years of refusal to …

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New board backs funding for Tower Ambulance

Township attorney finds no liability concern over donation

Posted

GREENWOOD TWP- The change in leadership on the Greenwood Town Board has brought a reversal on one of the most contentious issues in the township in recent years.
After three years of refusal to contribute financially to the Tower Area Ambulance Service’s ambulance replacement fund, the town board voted Tuesday to sign a new three-year Ambulance Capital Aid Donation agreement, and authorized payment of $26,025 for 2024. The payment is based on $25 per capita using the township’s 2020 census figure of 1,041 year-round residents. These funds, collected from all the governmental units in the ambulance service area, help pay for the purchase of new ambulances.
This decision once again gives the township a vote on the TAAC, which consists of representatives of all the governmental units in the ambulance service area, except Embarrass.
“I admire the work our EMS does,” said board chair Lois Roskoski. “I feel it is worth the $15, $20, or $25 per person to have the service.” While campaigning, Roskoski said she heard from several residents who were upset that the township was not making these ambulance subsidy payments.
While township officials had repeatedly cited liability concerns over the contribution, Roskoski said that recent correspondence with the town’s attorney, Mike Couri, dispelled that notion. “The agreement is a donation agreement rather than a contract for services,” Couri wrote in an email to the township. He added that the ambulance provides service in the township regardless of whether the township makes a donation.
“Since the township is not contracting for services, I do not believe that the township will need language in the agreement to defend, indemnify, and hold harmless the township from the actions of TAAS.
Couri noted that TAAS is providing a service pursuant to state statute, and not pursuant to this agreement.
Couri did say that the agreement was probably not legally enforceable, because it didn’t meet the threshold of being a contract, and that he did not feel there could be any action taken against the township if they decide to not donate funds in future years.
This advice from Couri is different from the claims Greenwood officials used to challenge the previous ambulance agreement, when board members repeatedly stated their attorney had advised them it would be “crazy” to enter into the agreement without specific indemnification language. The city did add Greenwood’s suggested language one year, but then removed it and used language suggested by the city of Tower’s attorney.
“Bottom line please,” asked Supervisor John Bassing in an email to Couri after reading his current opinion, “Would we be crazy if we signed…it seems your position has changed? Didn’t you say we would be crazy to sign without indemnification.”
Couri specifically wrote that “in short, the township would not be crazy to sign this donation agreement without first inserting an indemnification provision.”
Roskoski said that Couri told her he was led to believe the previous agreement including being part of the operations of the ambulance service.
Bassing was still clearly against making any donation to TAAS, noting that they had been in breach of the previous contract.
“All the supervisors voted against this in 2020,” he said. “Nobody balked at it then.”
Bassing also complained that the new agreement “is stripped down to absolutely nothing, and they took out the $1.66 payment required from Tower for transfer miles.”
“That’s not a reflection on their service,” Bassing said. “It’s a reflection on their management.”
Supervisor Paul Skubic said he supported rejoining the commission and making the donation.
“We were led to believe we could get an ALS system up here pretty quick,” he said. “Tower does a good job. We should pay for the service we are getting.”
Skubic noted the township had spent a “lot of money” on an ambulance study.
“We need to support them now,” he said.
Resident Lee Peterson, who has been a vocal critic of TAAS, said the Legislature is working on changes for the system, statewide.
“We don’t want to lock ourselves into a lesser ambulance service,” he said.
Resident JoAnn Bassing asked if it was fair to Cook to make the payment based on the township’s total population, since a portion of the township’s western edge is in the Cook Ambulance’s service area.
Resident Paul Thompson said he didn’t think this was a valid issue, noting that the seasonal population of the township was easily four times as large as its census figure, and those people all use the service.
The motion to accept the 2024-2026 Ambulance Capital Aid Donation agreement was made by Roskoski and supported by Skubic. An amendment by Bassing to change the motion to limit the term to one year was not supported by Roskoski and was denied.
The motion passed 3-2, with Roskoski, Skubic, and Craig Gilbert in support, and Bassing and Rick Stoehr voting against.
The vote earned a round of applause from the audience, which numbered more than 35.
A motion by Bassing, supported by Stoehr, to have a vote of no confidence in the township attorney failed 2-3, with Bassing and Stoehr the only votes in favor.
The board then voted to appoint Roskoski as the township’s TAAS representative, and Gilbert as the alternate.
The TAAS will be holding their next meeting on Monday, April 29 at 5:30 p.m. at the Vermilion Lake Town Hall.