Consent - Brian Podany, Safety Services Director/Chief of Police
Title
Title
Resolution Adopting the Fencing Consortium Joint Powers Agreement
end
Executive Summary
The Fence Consortium is a multi-agency, pre-planned, coordinated resource management system designed to continue efforts to minimize multiple local and state agencies from being over-extended. The purpose and structure of the Fence Consortium is to provide for fence deployment operations across multiple jurisdictions in a unified command structure and to coordinate the efforts of the jurisdictions during the deployment of anti-scale fencing. This includes considering and planning for operational logistics and tactical planning associated with fence deployment.
Background
In the spring of 2021, a significant number of public agency professionals (with police, fire, public works, and emergency management backgrounds) joined to form a Fence Working Group to explore the identified challenges and develop a collective path forward. Based on experience with civil unrest in Minneapolis and Brooklyn Center, the critical role that anti-scale fencing can serve for de-escalation and establishing a space for lawful protests became apparent. That said, it was also found that obtaining anti-scale fencing is a significant challenge due to a number of factors, including being very expensive. To respond to this identified need, a Fence Working Group was established.
The Fence Working Group’s efforts have led to the formation of a Fencing Consortium. The Fencing Consortium is made up of local government agencies (members) that will jointly contract with a fencing vendor for the availability, storage, maintenance, and transportation of anti-scale fencing (including vehicle gates and pedestrian doors). The Consortium will have, at a minimum, enough fencing for the largest police department building in the Consortium. However, the Consortium has the flexibility to increase the amount of fencing, gates, and doors as additional local governments join the Consortium.
The intent of the Fencing Consortium is to provide anti-scale fencing within hours around potentially impacted government building(s) in response to a critical incident. The goal of the anti-scale fencing is to de-escalate the potential tensions and try to reduce/eliminate the non-tangibles associated with civil unrest such as:
1) Provide physical separation between law enforcement and protestors
a. Promotes improved mental health environment for all (reduce PTSD)
b. Pre-plan and standardize perimeter layout
2) Reduce the need for crowd control measures to be used, which results in
a. Improved safety for all
b. Minimized potential impact on adjacent properties
c. Reduced crowd control measures which can be seen as escalation of force
d. A tool for law enforcement to facilitate peaceful protests
3) Create a space for protesting
a. Not seen as officers vs. protestors, but protestors just protesting (including optics)
b. Supports efforts to coordinate/communicate with specific protest groups and organizers ahead of time
c. Improved distinction between legal protestors and “violent and destructive actors” (I)
d. Officers in riot gear and with crowd control measures are more likely to be able to remain out of sight of legal protestors minimizing escalation of force
4) Reduce resource demands committed to one location
a. Local law enforcement agencies are too small to handle large-scale civil disturbance
b. Potentially need fewer officers for security at the site
c. Free up more resources to continue to respond to calls for service in impacted community
d. Takes into consideration that protests may be protracted event
Strategic Plan Relationship
This resolution directly relates to the City of Blaine Strategic Plan Item No. 6 - Well Maintained Infrastructure.
Board/Commission Review
No Board/Commission Review.
Financial Impact
The Fence Consortium has requested $5 million dollars from the State of Minnesota for the purchase of anti-scale fencing and associated vehicle gates and pedestrian doors. If obtained, the State funding for the purchase of anti-scale fencing for the Fencing Consortium will significantly reduce the on-going cost and will improve equity in accessibility to this de-escalation and safety tool for communities across not only the Seven County Metro area, but also the state as a whole.
Consortium members will pay for the storage, maintenance, and transportation of the anti-scale fence. Each member agency’s cost is pro-rated based on the footage of fencing needed for their location. As of now the City of Blaine’s annual cost will be $10,498, which will be funded through the Emergency Management budget. This will be reduced if the State funding is approved.
While funds were not specifically appropriated in the 2022 budget for this item, available reserves exist in the General Fund to cover the expected cost.
Public Outreach/Input
N/A
Staff Recommendation
Approve the Resolution of the Fence Consortium Joint Powers Agreement
Attachments
Resolution Adopting the Fencing Consortium Joint Powers Agreement
Body
WHEREAS, the governmental units in the state have experienced an increase in incidents 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 Blaine City Council as follows:
1. The Fencing JPA is hereby approved and adopted.
2. The Emergency Management Director 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.
PASSED by the City Council of the City of Blaine this 2nd day of May, 2022.