Waunakee trustees debate fire department governance and intergovernmental agreements; no immediate action

Village counsel and trustees spent an extended portion of the meeting reviewing legal memoranda and the governance status of the Waunakee Area Fire Department. The discussion centered on whether fire services are being provided through an intergovernmental agreement that requires a statutory fire commission, or instead are provided by a statutory fire company that would not require a commission.

Village attorney Brian Kleinmeyer summarized his reading of the documents and statutory framework and said he concluded the materials lack the clarity the village needs. “I come out at a different end,” Kleinmeyer said, noting he believes the arrangement is an intergovernmental service that would require a fire commission; he contrasted that view with a memorandum prepared by the fire district’s attorney that concluded a fire commission may not be required. Kleinmeyer said that whichever legal view is adopted, significant outstanding governance and financial questions remain and that the village’s prior steps should not be altered by the new memo.

Trustees and committee members said their priorities are the safety of the community and the stability of the volunteer membership. Trustee Robert McPherson told the board the memos make clear the current structure is not in compliance and emphasized that the village’s high share of costs warrants a commensurate role in governance. Trustee Nyla Fry and others urged the village to continue the process it already started and to keep volunteer firefighters involved in planning.

Board members described continuing differences among member towns: Westport and some others appeared open to negotiation, while Springfield was described as resisting. Trustees said a scheduled meeting of municipal attorneys (Westport, Waunakee, DeForest, Madison and Middleton) would address procedural options including cooperative-plan steps under Wis. Stat. §66.0307. Several trustees encouraged use of third-party facilitation or mediation; the fire district’s attorney reportedly offered to help mediate discussions with the municipalities.

Board members stressed they want to maintain volunteer firefighting capacity and to provide clarity for firefighters, the building and department operations. “One of the priorities…is to be able to provide what the firefighters need and what the fire department needs,” a trustee said, arguing that uncertainty harms recruitment and retention.

The board made no formal decision to change governance documents during open session. Instead, trustees directed staff and counsel to continue negotiations, maintain firefighter engagement, and advance procedural discussions with neighboring municipalities. The record shows the village will continue work on the issue and may pursue a range of solutions, including renegotiated intergovernmental terms, creation of a village fire department, or statute-driven structural changes, depending on legal findings and intergovernmental agreement outcomes.

Ending: Trustees concluded the discussion with a commitment to continue negotiations and to involve volunteer firefighters in next steps; no binding action was taken in open session.