IV.5. Resolution Adopting the Fencing Consortium Joint Powers Agreement; Johnson(Meeting Date), 2022 Council Report 2022-__
Resolution Adopting the Fencing Consortium Joint Powers Agreement
Proposed Action.
Staff recommends that the Council approve the following motion: Motion to Adopt Resolution
2022-048 Adopting the Fencing Consortium Joint Powers Agreement.
Overview:
In the spring of 2021, a significant number of public agency professionals (with police, fire,
public works, and emergency management backgrounds) joined together to form a Fence
Working Group to explore the identified challenges and develop a collective path forward. Based
on the 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, as well as 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, not days,
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
a. Improved safety for all
b. Minimize potential impact on adjacent properties
c. Crowd control measures are seen as escalating
d. Another tool for law enforcement facilitating 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
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
The purpose and structure of the Fence Consortium is to provide experienced leadership for
fence deployment operations across multiple jurisdictions in a unified command structure and
coordinate during the deployment of anti-scale fencing. This includes considering and planning
for operational logistics and tactical planning associated with fence deployment. The Fence
Consortium itself is a multi-agency, pre-planned, coordinated resource management system to
continue efforts to minimize multiple local and state agencies from being over-extended.
Fence deployment team
One of the biggest costs and factors for the deployment of any fence is the labor, equipment, and
scheduling of staffing to setup the fence. Because of this the Working Group determined that the
best way to meet these challenges is to use the existing Statewide Public Works Mutual Aid Pact
to provide the labor and equipment needed to deploy the fence. Just like police and fire use
existing mutual aid agreements during civil unrest, public works would do the same. One key
reason for this is that the JPA can leverage these other existing mutual aid agreements when it
comes to labor considerations.
Each Consortium member would need to provide between 1 and 3 people who would be
assigned to the Fence Deployment Team. This team would train 3 times a year (2 times in
person) so that when the call to deploy the fence was made, everyone would be familiar with
what needed to be done and it could be done as efficiently as possible. Each Consortium member
would cover the costs, including if there was a deployment (likely overtime), of their staff on the
Fence Deployment Team. Considerations will be made for really small public works departments
(just a few members) or agencies with no public works staff.
State funding request
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 each Consortium member will pay for the storage, maintenance, and
transportation of the anti-scale fence. This reduction in cost 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.
Prerequisites
Any agency participating in the Fence Consortium must be a member of the Statewide Public
Works Mutual Aid Pact. Police and fire agency resources must be members of relevant mutual
aid agreements.
Project cost
Each member agency’s cost is pro-rated based on the footage of fencing needed for their
location.
Supporting Information:
Resolution 2022-048
Brent Johnson, Chief of Police
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2022-048
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 IS RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
HOPKINS, MINNESOTA AS FOLLOWS:
1. The Fencing JPA is hereby approved and adopted.
2. The City Manager 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 City Council of the City of Hopkins this 19th day of July, 2022.
_____________________________
Patrick Hanlon, Mayor
ATTEST:
_____________________________
Amy Domeier, City Clerk