May 17, 2024

5/21/2024 Special Village Board Meeting at 4:30 p.m.

2023 Fire-EMS appeals

VILLAGE OF PEWAUKEE SPECIAL VILLAGE BOARD MINUTES
May 21, 2024 at 4:30 p.m.
https://www.youtube.com/live/9WdRPGx_MhI?si=ArolpbrhVUpSrZ5S 

1. Call to Order, Pledge of Allegiance, Moment of Silence, and Roll Call
President Knutson called the meeting to order at approximately 6:20 p.m. The Pledge of Allegiance was recited, followed by a moment of silence.

Roll Call was taken with the following Village Board members present: Trustee Heather Gergen; Trustee Bob Rohde; Trustee Kelli Belt; Trustee Chris Krasovich; Trustee Kristen Kreuser; Trustee Jim Grabowski and President Jeff Knutson.

Also Present: Village Attorney, Mark Blum; Baker Tilly representative, Matt Stark; Sergeant, Michael Rowe; Village Administrator, Scott Gosse; and Village Clerk, Cassie Smith.

2. New Business
a. Hearing on an Appeal of the 2023 Fire-EMS Protection Fee Filed by Cecelia Senior Homes, LLC Regarding Real Property Located at 1061 Cecilia Drive and having Tax ID No. PWV 0902-996-008 and Possible Action Thereon
Attorney Blum presented background information on the Fire-EMS Ordinance and the provision for appeals.   The Village Board shall assess the hearings to include mathematical errors made, issues regarding the categorization of the property in Chapter 93 of the Village Ordinance.  Each party will make a presentation and the Village Board will determine whether the number of ESE’s assessed are fair and reasonable and if a refund is due.

Christina Somers with Reinhart Boerner Van Deuren presented on behalf of 1061 Cecilia Drive regarding the number of units that are assigned to Cecelia Senior Homes, LLC which is 4.75 ESE’s per unit.  Somers explained that the “over 55” category is too broad and explained that there are different levels of care at each type of care facility.  She noted that the Village Board broke out commercial and industrial to be separate categories and suggested that the Village do this regarding care facilities/over age 55 living facilities.  Somers gave her understanding of State Statute chapter 66, specifically Chapter 66.0627 regarding authorization of charges to residents in the Village.  Somers spoke regarding the years used in determining the calculation of ESE’s which may be skewed by the pandemic and noted that the Village lacks the authority to charge the Fire-EMS fee. Somers stated that the total Fire-EMS charge is $65,311. 

Administrator Gosse stated that when the appeal was submitted he reviewed the ESE calculation and categorization of this property and confirmed that the fees calculated on the use of this property were consistent with the Ordinance.

Baker Tilly representative, Matt Stark explained his process in compiling the data and noted several addresses that he noticed to have a higher volume of calls which were the care facilities.  He noted that if the Village went back to look at data over 10 years some developments may be omitted which would skew the numbers.  Trustee Grabowski asked about specific call volumes for properties. 

Trustee Belt asked how many units Cecelia Senior Homes currently has.  Administrator Gosse responded that 57 units and that their CUG was amended to include the minimum age of 55+.

Ms. Somers stated that she would like the call volume data and she would like the usage in the past, the facility does offer care by that is a very broad category.

Michael Hosten, Cecelia Homes Administrator responded to Trustee Grabowski that the facility has 57 units where 90-5% of beds are assisted living and 5-10% are independent living.  They do provide ADL services.  He included that once a resident shows signs of memory issues or needs lift assistance they are moved to a new facility.

Matt Stark stated that the call volume reviewed included 87 calls for 1061 Cecelia Place out of 2,330 calls, the analysis includes prior years 2019-2022.  Calls in the right-of-way were not included.

Closed the hearing at 5:17 p.m.

President Knutson asked for more data concerning fire, lift assists, false alarms, transports, etc.  Matt Stark responded to President Knutson, of the 2,585 calls the false alarm/no incident calls were excluded, and the team looked strictly at fire and EMS calls.  The breakdown of calls was 2,211 for emergency medical calls and 374 for fire. Trustee Rohde requested that 3 years before COVID should be reviewed.

Trustee Gergen asked if the Police Department could do lift assists and Gosse stated that they could if they felt comfortable otherwise, they wait for EMS.

Trustee Grabowski asked for data on what would apply for long-term calls and asked to see what percentage of calls are related to the property.  Matt Stark responded to Trustee Belt that 32% of calls are for senior care living, 25% are single family, and 25% are multi-family with the remaining for commercial and institutional. 

Trustee Gergen stated she would like data for years prior to COVID.  Mr. Stark stated that the of the total cost assigned 32% of costs were assigned to this category to recover those allocated funds.

Trustee Gergen moved, seconded by Trustee Krasovich to table item 2a to gather additional information related to 1) the breakdown of care home and senior living facilities and the relationship to the per unit, and 2) how the per unit charge  was calculated in relationship to the overall Fire and EMS calls for senior living and care home categories over the 3 years of calls reviewed.
Motion carried 7-0.

b. Hearing on an Appeal of the 2023 Fire-EMS Protection Fee Filed by Hawthorne Place, LLC Regarding Real Property Located at 1105 Hawthorne Place and having Tax ID No. PWV 0902-996-007. and Possible Action Thereon
Eric Hatchel, representative for 1105 Hawthorne Place stated he agrees with what Attorney Summers stated and he doesn’t believe that the fee is lawful and asks the Village Board to correct Hawthorne Place.  This property is a 55 and over independent living where 15-20% are under the age of 55.  Care is not provided at this property.  Mike Heise, the property owner stated that the property is zoned multi-family, there are no extra services and no assisted living, it is just a community which is over 55 years of age that lives together.

Administrator Gosse stated that the property fits into the definition of residential care facilities and was marketed as such. Calculations were verified in accordance with the ordinance.

Mr. Hatchel submitted a handout regarding incidents from 2015-2023 that he garnered from the Pewaukee Fire Department.  This document shows that an additional amount in tax is not proportionate as the calls are 3% of the budget but the property is paying 7% of the Fire-EMS budget.  Trustee Grabowski asked why they market the building for over age 55 if there are no benefits.  Mr. Heise stated there are no additional services.

Trustee Gergen moved, seconded by Trustee Belt to approve the reclassification of 1105 Hawthorne Place as a multi-family residential and to refund the owner the difference between the senior care and multi-family category.
Discussion regarding the designation and number of calls vs. other facilities and looking at a future meeting to revise the current ordinance continued
Motion carried on Roll Call vote, 4-3; Trustee Rohde, Trustee Kresuer, and President Knutson voted nay.

3. Discussion and Possible Action to Set a Future Meeting Date
No action was taken.

4. Adjournment

Trustee Gergen moved, seconded by Trustee Krasovich to adjourn the May 21, 2024, Regular Village Board meeting at approximately 6:10 p.m.
Motion carried, 7-0.

Respectfully Submitted,

 

Casandra Smith
Village Treasurer

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