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HomeMy WebLinkAbout2022-082 (Fencing Consortium Joint Powers Agreement)City of Stillwater Washington County, Minnesota RESOLUTION 2022-082 RESOLUTION ADOPTING THE FENCING CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, the governmental units in the state have experienced an increase in incidences of civil unrest with violent and destructive actors who pose a threat to the public, public personnel, buildings, and critical infrastructure; and WHEREAS, the First Amendment of the United States Constitution protects the freedom of speech, the press, and the right of the people peaceably to assemble, and to petition the government for a redress of grievances; and WHEREAS, recent experience has shown that the use of anti -scale fencing has greatly de-escalated tension between law enforcement and protesters; and WHEREAS, by de-escalating the tension, the anti -scale fencing helps to reduce the trauma on the community, improve the safety for all, minimize the impact on neighboring properties, and reduce the community resources that have to be committed to such events; and WHEREAS, governmental units have recognized the need to have ready access to anti -scalable fencing as a tool for de-escalation and community safety while protecting against violent and destructive actors; and WHEREAS, the best means for a governmental unit to access such fencing in a timely and cost-effective manner is to work cooperatively with other governmental units; and WHEREAS, the Fencing Consortium Joint Powers Agreement ("Fencing JPA"), which is incorporated herein by reference, establishes a joint board to obtain and make available to members anti -scalable fencing in response to critical incidences, sets out the powers of the joint board, requires members to pay their share of the fencing costs and operational costs of the Fencing Consortium, requires members to provide staffing to assemble and disassemble the fencing as part of the Public Works Mutual Aid Pact, and otherwise provides for the operation of the Fencing Consortium as a joint powers entity; and WHEREAS, the governmental unit is a member of the Public Works Mutual Aid Pact and is otherwise eligible to adopt the Fencing JPA; and WHEREAS, it is in the best interests of the community to become a member and participate in the Fencing Consortium. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater as follows: 1. The Fencing JPA is hereby approved and adopted. 2. The City Administrator is authorized and directed to make nominations and to cast votes on persons to be elected to the Fencing Consortium Board of Directors. 3. Staff are authorized and directed to do each of the following: a. Submit a fully executed copy of this Resolution as directed in the Fencing JPA to indicate membership in the Fencing Consortium; b. Designate a primary and secondary point of contact for the Fencing Consortium for administrative purposes. c. Coordinate with the other Fencing Consortium members and the Board on the selection of staff from the public works department to serve on the fencing deployment team; and d. To take such other actions as may be needed to carry out the intent of this Resolution and as may be required under the terms of the Fencing JPA. Adopted by the Stillwater City Council this 7th day of June, 2022. ATT T: Beth Wolf, City Cle CITY OF STILLWATER Ted Kozlowski, Mayor 2