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Board approves county-funded siren upgrades after attorney flags indemnity and contract concerns

3077064 · April 22, 2025
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Summary

The board approved a memorandum of understanding to accept Walworth County funding for storm-siren electronics upgrades, but village counsel requested additional contractual protections including possible additional-insured status.

The Village Board approved a memorandum of understanding with the Walworth County Sheriff’s Office to upgrade the village’s storm-siren control equipment, with the village noting county funding will cover the upgrades but advising additional legal protections be sought.

Chief (East Troy Public Safety) said the county approved funding to update siren electronics across the county and proposed replacing the internal components for the village’s four sirens. The new system would allow targeted activations based on National Weather Service polygons so only affected sirens would be triggered automatically rather than activating all county sirens, the chief said.

Village Attorney Geary raised a concern about contractual privity: the county will hire the contractor to perform the work, leaving the village with no direct contractual recourse if a contractor error left the village’s sirens inoperable at a later time. Under the MOU as discussed, the village also would indemnify the county, which could expose the village without an ability to pursue the contractor directly. Geary said he wanted to ask the county or contractor to add the village as an additional insured under the county’s contract or otherwise address the village’s exposure.

Board members discussed maintenance arrangements and whether the county’s contractor would also provide ongoing service; the chief said the village currently uses Sheboygan Warning Systems for maintenance and that the new system would provide real-time battery/health information. Trustees requested the chief work with county counterparts to address indemnity and contract-language issues before finalizing the village’s obligations.

A motion to approve the MOU, subject to the chief working with the county regarding identification/indemnification, was made, seconded and approved by the board.