HomeMy WebLinkAboutResolution 2014 (44) Resolution No. 44 (2014)
RESOLUTION APPROVING LAW ENFORCEMENT SERVICES
ST: 0 Y'NTY AGREEMENT BETWEEN THE ST. CROIX COUNTY SHERIFF
AND THE TOWN OF HUDSON
1 WHEREAS, Wisconsin Statutes §66.0301 authorizes cooperative agreements between
2 municipalities; and
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4 WHEREAS, §66.0301(1)(a) defines "municipality" to include towns and counties; and
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6 WHEREAS, the St. Croix County Sheriff and the Town of Hudson desire to enter into an
7 agreement whereby the Sheriff would provide law enforcement services to the Town in addition
8 to services normally provided to the Town, and the Town will compensate the County for the
9 additional services; and
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11 WHEREAS, the County Board is required to approve such an agreement; and
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13 WHEREAS, a copy of the agreement is attached to this Resolution.
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15 THEREFORE, be it resolved by the St. Croix Board of Supervisors that the attached
16 agreement between the St. Croix County Sheriff, St. Croix County, and the Town of Hudson for
17 law enforcement services is hereby approved.
Legal—Fiscal—Administrative Approvals:
Legal Note: None
Fiscal Impact: The Sheriff and the Town shall negotiate the amount to be paid for law enforcement
services based on cost calculations. The Town shall pay the County for the services
provided by the Sheriff.
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11/14/14 Adopted
11/14/14 Public Protection Committee APPROVED
RESULT: APPROVED [UNANIMOUS]
MOVER: Stephen Nielsen, Supervisor
SECONDER: Roger Larson, Supervisor
AYES: Andy Brinkman, Christopher Babbitt, Roger Larson, Stephen Nielsen
EXCUSED: Scott Nelson
Vote Confirmation.
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St. Croix County Board of Supervisors Action:
Roll Call -Vote Requirement— Majority of Supervisors Present
........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Brinkman, Supervisor
SECONDER: Dave Ostness, Vice Chair
AYES: Schachtner, Babbitt, Novotny, Sjoberg, Kilber, Nelson, Berke, Ostness, Larson,
Hansen, Kiesler, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey
EXCUSED: Agnes Ring, Stephen Nielsen
This Resolution was Adopted by the St. Croix County Board of Supervisors on December 2, 2014
Cindy Campbell, County Clerk
LAW ENFORCEMENT SERVICES AGREEMENT
This agreement is made and entered into by and between the St. Croix County Sheriff
(hereinafter"SHERIFF"), St. Croix County (hereinafter"COUNTY") and the Town of Hudson
(hereinafter"TOWN").
RECITALS
WHEREAS, the COUNTY, whose address is St. Croix County Government Center, 1101
Carmichael Road, Hudson, WI 54016, is authorized by Wisconsin Statutes sec. 66.0301(2) to
contract with a town to furnish services; and
WHEREAS, the SHERIFF, whose address is St. Croix County Government Center, 1101
Carmichael Road, Hudson, WI 54016, is duly elected to keep and preserve the peace in the
COUNTY and manages and directs the operations of the St. Croix County Sheriff's Office in
providing law enforcement services with the boundaries of the COUNTY; and
WHEREAS, the TOWN, whose address is 980 County Rd A, Hudson, Wisconsin 54016, desires
to receive law enforcement services for the TOWN, in addition to those services normally and
regularly provided by the SHERIFF; and
WHEREAS, the SHERIFF is willing to provide additional law enforcement services to the
TOWN; and
WHEREAS, the COUNTY has authorized such an arrangement,provided its cost are adequately
reimbursed by the TOWN, in Resolution NO. 4 4 (2 014)
THEREFORE, in consideration of the above, the SHERIFF, COUNTY, and TOWN agree as
follows.
AGREEMENT
1. TERM. The term of this agreement shall commence on the date on which all parties
have executed this agreement and shall end as of December 30, 2014, unless sooner
agreed to in writing by the TOWN and the SHERIFF, the TOWN and the COUNTY, or
the TOWN and the SHERIFF and the COUNTY.
2. AUTOMATIC RENEWAL. This agreement shall be automatically renewed for
successive single calendar year terms, under the same conditions and provisions as set
forth herein,unless one of the parties notifies the other parties in writing a least 60 days
prior to the expiration date of their intention not to renew. Notwithstanding the forgoing,
if a different person is elected SHERIFF, that person may terminate this agreement at any
time.
3. SHERIFF TO PROVIDE TOWN WITH LAW ENFORCEMENT
SERVICES. The SHERIFF shall assign a deputy to the TOWN and provide the
assigned deputy with a vehicle and all the necessary equipment to provide law
enforcement services to the TOWN during the coverage periods, set out in par. 7 below.
The SHERIFF may assign different deputies to different coverage periods or during a
single coverage period. If the coverage period is a full shift, the SHERIFF may assign a
specific deputy to provide law enforcement services to the TOWN. During patrol periods
the deputy shall provide contiguous patrol within the boundaries of the TOWN, subject to
authorized breaks and situations which require the deputy to respond to a mutual aid
request or County emergency. The assigned deputy, while on assigned duty and not
otherwise occupied, shall be a first responder to all incidents in the TOWN directed
through the St. Croix County Dispatch Center.
4. SHERIFF TO RETAIN SUPERVISORY CONTROL. The SHERIFF, or
designee, shall have supervisory control over the assigned deputy. The SHERIFF, or
designee, shall retain the authority to make decisions as to the manner in which services
shall be rendered. Consistent with the SHERIFF'S authority to exercise good law
enforcement practices, every effort will be made to respond to the TOWN'S needs and
desires.
5. ENFORCE TOWN ORDINANCES. The assigned deputy shall enforce all
agreed upon TOWN ordinances for which the TOWN empowers him or her and shall
issue citations using forms supplied by the TOWN. (The agreed upon ordinances is
attached to this agreement and may be changed from time to time.) The assigned deputy
shall attend all required country appearances on all citations. The TOWN attorney shall
handle the prosecution of those matters in court. Overtime hours worked by the assigned
deputy shall be reimbursed by the TOWN in accordance with paragraph 6 below. It is
further agreed that fines or forfeitures for State charges shall be paid to the County and
fines or forfeitures for TOWN ordinance violations will be paid to the TOWN in
accordance with State Law.
COMPENSATION TO COUNTY FOR SERVICES RENDERED. The
SHERIFF and the TOWN shall negotiate the amount to be paid for law enforcement
services. The TOWN shall pay the COUNTY for the services provided by the SHERIFF.
7. COVERAGE PERIODS. Coverage periods for services shall be established
between the SHERIFF and the TOWN.
8. USE OF TOWN HALL. The TOWN shall make the TOWN HALL office available to
the assigned deputy for access to a telephone and a fax machine.
9. TOWN LIAISON. The TOWN shall designate a person to act as a liaison
between the TOWN and the SHERIFF relative to the assigned deputy's duties and
performance, and special assignments which the TOWN desires. The liaison will
deal directly with the SHERIFF or designee.
10.INDEMNIFICATION. The TOWN shall defend, hold harmless and indemnify
the COUNTY and the SHERIFF, and the officers, agents and employees of each, for
any claim brought against them based on the negligence or improper act of the
TOWN or any officer, agent or employee of the TOWN arising from or related to this
agreement, other than the assigned deputy. It is expressly understood that the TOWN
will not defend, hold harmless or indemnify the COUNTY or the SHERIFF for the
alleged negligence or improper conduct, or both, of any COUNTY employee,
including the assigned deputy. The COUNTY shall indemnify and hold harmless the
TOWN, its officers, employees and agents for any claim brought against them based
on the negligence or improper act of the COUNTY or any COUNTY officer,
employee or agent arising from or related to this agreement. It is expressly
understood that the COUNTY will not indemnify or hold harmless the TOWN for
claims arising out of the actions of TOWN officers, employees or agents.
I LAGREEMENT NOT ASSIGNABLE. This agreement is for personal
services and is not assignable without the expressed written consent of the other
parties which consent may be withheld in the sole discretion of any party.
12.AGREEMENT TERMINABLE FOR INSUFFICIENT FUNDS. If,
during the term of this agreement, the governing body of either the COUNTY or the
TOWN shall fail to appropriate sufficient funds to carry out this agreement, this
agreement shall be automatically terminated as of the date funds are no longer
available,provided written notice is given to the other parties as soon as is
practicable. This paragraph shall not relieve the TOWN of its responsibility to pay
for services furnished to the TOWN prior to the date of termination.
13. DUTY OF GOOD FAITH. The parties shall commence, carry on and
complete their respective obligations under this agreement in good faith and in a
sound, economical and efficient manner, in accordance with this agreement and all
applicable laws. In carrying out this agreement, each party agrees to cooperate with
the various departments, agencies, employees and officers of the other parties.
14. PERSONNEL. The SHERIFF, the COUNTY and the TOWN each agree to
provide all personnel necessary to carry out this agreement. Such personnel shall not
be deemed employees of the other party (except that SHERIFF'S deputies and other
Sheriff's office employees of the COUNTY)nor shall they or any of them have or be
deemed to have any direct contractual relationship with any other party.
15. NOTICES. Notices, invoices and payments required by this agreement shall be
deemed delivered as of the date of the postmark if deposited in a United States
mailbox, sufficient first class postage attached, addressed to a party's address as set
forth above. It shall be the duty of a party changing its address to notify the other
parties in writing as soon as practicable.
16. NO WAIVER BY MAKING PAYMENT OR ACCEPTING
SERVICE. In no event shall making any payment or accepting any services
required by this agreement constitute or be construed as a waiver of any breach of this
agreement or a waiver of any default of any other party. The making of such
payment or acceptance of such service by one party while any breach or default exists
shall in no way impair or prejudice the right of the party harmed to recover damages
or obtain any other legal remedy as a result of such breach or default.
17. EQUAL OPPORTUNITY STATEMENT. During the term of this
agreement, with regard to any employment decisions relating to this agreement, all
parties agree not to discriminate on the basis of age, race, sex or sexual orientation;
creed or religion; color; handicap or disability; marital, citizenship, or veteran status;
membership in the National Guard, state defense force or reserves; national origin or
ancestry; arrest or conviction record; or any other classification or characteristic
protected by law. This listing of prohibited bases for discrimination shall not be
construed to amend in any fashion state of federal law setting forth additional bases
and exceptions shall be permitted only to the extent allowable by state or federal law.
18. NO THIRD PARTY BENEFICIARIES. This agreement is intended to be
an agreement solely between the parties hereto and for their benefit only. No part of
this agreement shall be construed to add to, supplement, amend, abridge or repeal
existing duties, rights, benefits or privileges of any third party or parties, including
but not limited to employees of any party.
19. ENTIRE AGREEMENT. The entire agreement of the parties is contained
herein and supersedes any and all oral agreements and negotiations between the
parties relating to the subject matter hereof. The parties expressly agree that this
agreement shall not be amended in any fashion except in writing executed by all
parties.
20. EXECUTION IN COUNTERPARTS. The parties may evidence their
agreement to the foregoing upon one or several counterparts of this instrument, which
together shall constitute a single instrument.
ST. CROIX COUNTY SHERIFF:
Date Signed: by
John A. Shilts, St. Croix County Sheriff
TOWN OF HUDSON:
Date Signed: by:
Jeff Johnson, Town Chairman
by:
Vickie Shaw, Clerk
ST. CROIX COUNTY:
Date Signed: by:
Roger Larson, County Board Chair
Date Signed: by:
Patrick J. Thompson, County Administrator
Date Signed: by:
Cindy Campbell, County Clerk
Reviewed by Corporation Counsel: Date
TOWN OF HUDSON ORINANCES ENFORCED BY THE ST.
CROIX COUNTY SHERIFF
The following list of ordinances will be enforced by the St. Croix County Sheriff
pursuant to this agreement:
Chapter 64 —Noise Control
Chapter 100, Article 1 — Parking
ST. CROIX COUNTY SHERIFF:
Date Signed: by
John A. Shilts, St. Croix County Sheriff
TOWN OF HUDSON:
Date Signed: by:
Jeff Johnson, Town Chairman
by:
Vickie Shaw, Clerk
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980 County Rd A, Hudson,WI 54016 www.townofhudsonwi.com
715-386-4263 715-386-4265 (fax)
September 23, 2014
Sheriff John A. Shilts
St. Croix County Sheriff's Dept.
1101 Carmichael Rd
Hudson, WI 54016
The Town of Hudson would like to contract with St. Croix County Sheriff's
Department for speed control/traffic problems and parking problems within the
Town. We understand the hourly rate will be $65.00. The Town Board approved
at their July 1, 2014 meeting to authorize the Town Chairman, Jeff Johnson to sign
the new agreement with St. Croix County Sheriff's Department authorizing them
to act as Town Law Enforcement. I have attached a copy of the minutes from the
July 1, 2014 Board Meeting.
Jeff Johnson
Chairman
July 1,2014
Chairman Johnson called the July Town Board meeting to order on July 1,2014 at 6:30 pm at the
Hudson Town Hall. Present were Town Supervisors Tim Foster, Dave Ostby, Kernon Bast, and
Clerk Vickie Shaw.
Motion by Supervisor Foster, 2 I by Supervisor Bast to approve the agenda as presented
but not necessarily in that order. Motion carried.
Consent Agenda:
1. June Minutes
2. June Building Inspector's report.
33 Permits Total Value $ 4,055,737.00
Total Fees $ 21,216.00
Forfeitures $ 00.00
4 Driveway permits $ 160.00
Culvert deposits $ 0.00
House#'s $ 225.00
Seals $ 140.00
TOTAL $ 21,741.00
Building Inspector Fees $ 16,052.80
Town of Hudson Fees $ 5,688.20
3.Treasurer's Report.
Est.Balance 6/01/14 $ 5,190.38
Interest 1 .34
Receipts +$ 11,493.37
} Disbursements - $ 41,775.29
Transfer out of ckg - $ 0.00
Transfer in to ckg $ 50,000.00
Est.Balance 6/30/14 $ 24,909.80
4. Fire Calls: 1 accident on Hwy 12
5.Additional Bills: St. Croix County Hwy$32,452.29,Kathi Pelnar$203.68
6. June Animal Control Reports
7. Operator Licenses:none
Motion by Ostby,2"'by Foster to approve the consent agenda. Motion carried.
Committee Reports:
EMS:none
Fire: none
1St Responders: none
Library: fundraising activities are coming together
Economic Development: none
Exodus House: none
IGAC: none
Public Comment: Steve Hermsen asked when he would get paid for a 2012 meeting he attended.
Roads: Construction on the Trout Brook Road bridge should start on August 4, 2014.
Sealcoating has been started in the Town.
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Discussion was held regarding the 2nd driveway at 827 Harbor View Rd.Attorney, Terry Dunst
presented the history on the issue.He noted the steps to follow include issuing an order to
remove.
Motion by Ostby,2nd by Foster to have the attorney issue an order to remove the driveway
at 827 Harbor View Road,giving the resident 30 days. Motion carried.
Todd Erickson presented a final plat for South Willow Acres. The storm water
maintenance agreement has not been prepared.
Motion by Bast,2nd by Foster to hold a special town board meeting to approve the final plat
for South Willow Acres on July 9,2014 at 8:30 a.m. at the Town Hall. Motion carried.
No action taken on Shimon l lot CSM.
Doug Zahler presented the concept for Holm Trucking, 628 Commerce Dr. This
company provides the trucks and trailers for several Menards stores. They will park the
trucks at night,provide maintenance on the vehicles and store trailers. The trucks will
come in at night and leave in the morning.
Motion by Bast, 2"d by Foster to approve the concept for Holm Trucking at 628
Commerce drive. Motion carried.
Motion by Ostby,2nd by Foster to set the date for the special exception hearing for
Rasmussen, 534 Raider Drive to allow 1 horse for Tuesday,August 5, 2014 at
6:OOPM at theTown Hall. Motion carried.
Discussion was held regarding the garbage contract.
Motion by Foster,2nd by Bast to accept the garbage proposal from Waste
Management dated June 17,2014 for 5 years with cost increases shown in exhibit A.
Motion carried.
Discussion was held regarding storm water and sanitary easements.Attorney Terry Dunst noted
that the Town has no right to go on private property to do repairs and assess back. This is the
reason we require stormwater maintenance agreements.
Discussion was held regarding the Rodeo Center site plan. Ronn Hechter only wants to sign
maintenance agreements for the lots that are built upon. He does not want to place them on the
undeveloped lots. Tammy Wittmer from St. Croix County Land and Water noted that we need to
assure that all lots retain access to the stormwater pond in the future.
Motion by Foster, 2"`' by Ostby to authorize the Chairman to sign the new agreement with
the St. Croix County Sheriffs Department authorizing them to act as Town Law
Enforcement. Motion carried.
Motion by Foster,2"d by Ostby to adjourn. Motion carried.
Respectfully submitted, -PATE
Vickie Shaw
Town Clerk
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