HomeMy Public PortalAbout02.16.2016 City Council Special Meeting PacketMEDIIVA
SPECIAL MEETING AGENDA
MEDINA CITY COUNCIL
Tuesday, February 16, 2016
6:00 P.M.
Medina City Hall
2052 County Road 24
I. Call to Order
II. Requested Hamel Fire Department Contract Revisions
III. Adj ourn
Posted 2/12/2016
MEMORANDUM
TO: Medina City Council
FROM: Scott Johnson, City Administrator
DATE OF REPORT: February 9, 2016
DATE OF MEETING: February 16, 2016
SUBJECT: February 16, 2016 Work Session — 6:00 PM
Work Session 6:00 PM
Requested Hamel Fire Department Contract Revisions
Staff has worked with Mayor Mitchell and Public Safety Liaison Council Member Pederson over
the past months to compile background information for City Council review on fire services in
Medina. The following information has been included with the Work Session packet: 1) The
current Hamel Fire Department contract from December 2013; 2) A draft redlined contract with
proposed changes from Mayor Mitchell and staff; 3) The proposed contract changes from the
Hamel Fire Department; 4) A memo from staff to Mayor Mitchell addressing fire related
questions; 5) A summary document of the four fire contracts with Medina; 6) Fire Information
Index 1 — includes documents on the fire consolidation discussion in 2015; and 7) Fire
Information Index 2 — includes documents on the requested revisions to the Hamel Fire
Department Contract. The final two documents under Index 2 are regarding recent box alarm
changes by fire departments that serve Medina.
Staff has indexed and tabbed the documents for items 6 and 7 in the black binder for easier
review. Mayor Mitchell and I agreed that it was important for Council to have all of the
information for this discussion. Please let me know if you have any questions regarding the
information.
Staff is requesting City Council discussion and direction on the Hamel Fire Department's request
to revise their current agreement with the City of Medina.
AGREEMENT AND CONTRACT FOR FIRE PROTECTION
THIS AGREEMENT AND CONTRACT made and entered into this 20th day of
December, 2013 by and between the City of Medina, a municipal corporation of the County of
Hennepin and State of Minnesota (hereinafter referred to as Medina), and the Hamel Volunteer
Fire Department, a Minnesota corporation of Hennepin County, State of Minnesota (hereinafter
referred to as Hamel VFD).
WHEREAS, Hamel VFD has the facilities and equipment and is willing and able to provide
fire protection service to Medina.
WHEREAS, Medina desires to have fire protection service furnished by Hamel VFD, and
NOW, THEREFORE in consideration of the covenants herein contained the parties hereto
agree as follows:
1. Definitions
Administrative Expenses - Those expenses not directly related to the provision of
Hamel VFD services, building or equipment maintenance, and personnel education and
training. Administrative Expenses include, but are not limited to, insurance, taxes,
accountant fees, office supplies, computer expenses, health and safety programs and labor
costs associated with department administration.
Annual Fire Services Capital Budget - The calendar year capital budget of Hamel
VFD. The Annual Fire Services Capital Budget includes major equipment items and
major repairs/rehabilitation of the Fire Station.
Annual Fire Services Operating Budget - The calendar year operating budget of
Hamel VFD. The Annual Fire Services Operating Budget incorporates all costs of
operations including, but not limited to, the costs of the on -going operation and
maintenance of the fire station, administrative expenses and annual contributions to the
Hamel Volunteer Fire Relief Association Retirement Fund.
City Fire Service Area - The area within a Contracted City provided fire protection by
Hamel VFD under this contract and shown in Exhibit A of this Agreement.
Contracted City(ies) —Any city which is a party to this Agreement for purposes of
apportioning costs of services. At the effective date hereof the Contracting City(ies) is
Medina.
Emergency Management Services - Functions that shall be performed by Hamel VFD as
identified in the respective emergency operations plan of each Contracted City on file with
the Hamel VFD.
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Emergency Medical Services - Functions that shall be performed by Hamel VFD
directed at the provision of treatment to patients, including first aid, cardiopulmonary
resuscitation, First Responder and Basic Life Support prior to the arrival of Advanced
Life Support and/or transport to a hospital or other health care facility.
Fire Advisory Board — The Fire Advisory Board (hereinafter referred to as the "Advisory
Board") will be comprised of the Fire Chief of the Hamel VFD and the Public Safety
Director and other designated representative(s) of each Contracted City.
Fire Fighting Services - Functions that shall be performed by Hamel VFD directed at
rescue, fire suppression, property conservation or special operations involving individuals,
buildings or property that are involved in a fire or other emergency situation.
Fire Prevention Services - Functions that shall be performed by Hamel VFD directed at
fire cause investigation and determination, pre -fire planning and inspection, hazard
identification and elimination, public education, and other activities with the goal of
proactively improving the safety of life and property.
Hazardous Materials Response Services - Functions that shall be performed by
Hamel VFD directed at the identification, isolation, mitigation and/or removal of
hazardous materials. A hazardous material is defined as any substance that presents
an unusual danger to persons due to properties of toxicity, chemical reactivity or
decomposition, corrosiveness, explosion or detonation, etiological hazards or similar
properties.
Municipal Share - The portion of the Annual Fire Services Operating Budget that will be
funded by service fees paid by the Contracted Cities.
Rescue Services- Functions that shall be performed b y Hamel VFD directed at
locating endangered persons at an emergency incident, removing those persons from
danger, treating the injured, and preparing for transport to an appropriate health care
facility.
Total Fire Service Area - The sum of the City Fire Service Area for all of the
Contracted Cities.
2. Services to be Rendered
During the term of this Agreement, Hamel VFD shall furnish all the F ire Fighting
Services, Fire Prevention Services, Emergency Management Services, Rescue
Services, Emergency Medical Services, Hazardous Materials Response Services,
necessary building plan reviews and related fire protection services to the Contracted
Cities for the Total Fire Service Area outlined in red on the attached map marked
Exhibit A (hereinafter referred to as the "Total Fire Service Area"). All of said Total
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Fire Service Area is located within the corporate limits of the Contracted Cities.
3. Level of Service
A. Hamel VFD shall endeavor to provide the services listed in Section 2 of this
Agreement, including, but not limited to, protecting and saving life and property
from destruction by fire in the City Fire Service Area of a Contracted City.
In the event of two or more fire calls received within the same time frame,
Hamel VFD shall respond to the call that involves a higher threat to life, safety
and property. If comparable calls are received within the same time frame, the
call first received shall have priority and the following calls shall be answered
as soon as possible. Hamel VFD will furnish sufficient staff to each call to
safely, legally and effectively operate all necessary vehicles and equipment and
provide all necessary services. Hamel VFD will arrange for fire service and
protection through mutual aid contracts as needed.
B. Mutual Aid - Hamel VFD shall respond to a fire service call in one of the
districts of a Contracted City if service is requested by a fire department
having primary responsibility in that portion of the Contracted City; provided
that such service shall be furnished as soon as reasonably possible, without
jeopardizing Hamel VFD's service to the Total Fire Service Area.
C. Hamel VFD shall regularly train all fire fighters in areas including, but not
limited to, modern firefighting techniques and methods, HAZMAT response,
and terrorism response which are applicable to the level of service required by this
contract for a Contracted City.
D. Desirable Performance and Service Measures
1. Hamel VFD shall have a minimum of four (4) fire fighters at each fire call.
2. Hamel VFD shall respond to each fire call within ten minutes of dispatch.
3. Health and Wellness (programs, selection, training)
a. Hamel VFD shall conduct SCBA fit testing on an annual basis, as required by
Occupational Safety and Health Administration (OSHA).
b. Hamel VFD shall require each fire fighter to receive a physical
examination every two years.
4. The following information shall be reported to the Advisory Board:
a. Quarterly Minimum Reporting:
i. Quarterly Calls
ii. Quarterly Complaints
iii. Quarterly Budget and Expenditures
b. Annual Minimum Reporting:
i. Statistics of all calls
ii. Pension Obligations, including annual reports
iii. Response times
iv. Fire Equipment Certification for State Fire Aid Payable
v. Community Involvement and Outreach
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vi. Certification of Service Areas Protected (pertaining to Hamel Fire
Relief Association)
vii. Balance Sheet listing all Hamel VFD Assets and Liabilities
viii. Compliance against the "Minimum Position Qualifications" described
in Exhibit B of this Agreement for the current Hamel VFD roster.
5. Hamel VFD shall use National Fire Protection Association (NFPA) standards
as a reference regarding fire protection, fire prevention, public life safety
education, fire suppression, volunteer/professional qualifications, training,
professional clothing and equipment, apparatus, and hazardous materials.
6. Hamel VFD shall use National Fire Protection Association (NFPA) standards
as a reference regarding the ongoing maintenance, inspection and upkeep for
all equipment used in delivering the services listed in Section 2 of this
Agreement.
7. Hamel VFD shall comply with all OSHA rules and regulations.
8. Hamel VFD shall use an accounting style reasonably accepted by the
Contracted Cities.
9. Hamel VFD shall implement a process for the handling of
complaints related to the services listed in Section 2. The process
will follow the framework described in Exhibit C of this Agreement.
4. Command Responsibility
Subject to the terms of this Agreement, the Fire Chief of Hamel VFD or their designee
shall have the sole and exclusive right and responsibility to prescribe the manner and
method of giving the alarm for fire within the Total Fire Service Area and to prescribe the
manner and method of responding to calls and rendering the services contemplated. The
said Fire Chief or designee shall immediately upon arriving at the scene of any alarm or
fire emergency have the sole and exclusive responsibility and authority to direct and
control any and all firefighting and the emergency operations at such scene or scenes. The
highest ranking official, with the highest level of certification, shall have command
responsibility for medical emergencies.
5. Volunteer Fire Fighters of Hamel VFD
Personnel assigned to provide fire protection services in a C o n t r acted City shall be
volunteer firefighters of Hamel VFD. Hamel VFD shall assume all obligations with
regard to Worker's Compensation, Fire Fighter's Relief Association, withholding tax,
insurance, etc. for said volunteer firefighters.
The cost of such obligations shall be a part of the costs attributed to the operation of
Hamel VFD and will be included in the Annual Fire Services Op e r at i n g Budget
package.
6. Insurance and Indemnification
Hamel VFD shall indemnify and hold harmless each Contracted City, their officers,
agents, representatives, and employees, from and against all damages, claims, losses,
costs or expenses including reasonable attorney fees, which may be asserted against a
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Contracted City, or for which they may be held liable, arising from any act, omission,
or negligence of Hamel VFD, its agents, employees and firefighters while engaged in
the performance of services under this Agreement and as defined in Section 2. Hamel
VFD shall maintain liability insurance for these purposes in an amount no less than
$2,000,000.00 listing each Contracted City as a named insured. Hamel VFD shall
annually provide a certificate of insurance to each Contracted City. The cost of such
insurance shall be a part of the costs attributed to the operation of Hamel VFD and will
be included in the Annual Fire S e r v i c es Operating Budget. Nothing in this contract
shall be construed as waiving the statutory liability limits of any city which is a party to
this Agreement.
7. Liability Insurance
Hamel VFD shall carry liability insurance in an amount not less than $2,000,000 listing
itself and each Contracted City as a named insured against any and all claims by Hamel
VFD firefighters for personal injury sustained while performing services under this
Agreement. The amount of the insurance coverage shall be reviewed annually and if
determined to be inadequate the amount of the coverage shall be adjusted accordingly.
Nothing in this contract shall be construed as waiving the statutory liability limits of any
city which is a party to this Agreement.
8. Hamel VFD Operational Responsibility
Hamel VFD shall be responsible for managing the operation of Hamel VFD, and for
managing the on -going operation and maintenance of the Hamel VFD Fire Station.
This includes carrying hazard insurance on the Fire Station and its contents. The costs
related to the operation of Hamel VFD, including the on -going operation and
maintenance of the Fire Station, shall be included in the Annual Fire Services Operating
Budget.
9. Budget Package
Hamel VFD's annual operating expenditures shall be controlled through the Annual
Fire Services Operating Budget. This budget will become the official Annual Fire
Services Operating Budget upon ratification by the Contracted Cities. When the Annual
Fire Services Operating Budget is approved, the expenditures may not exceed the level
set in the budget without the approval of all parties to the contract except as provided in
Section 13 and Section 15 of this Agreement. If during the term of this Agreement, a
Contracted City or Hamel VFD chooses not to approve a proposed Annual Fire
Services Operating Budget, the Annual Fire Service Operating Budget increase shall
be limited to the average o f the most r e c e n t l y approved annual General Fund
Expenditure Budget increases of the Contracted Cities, until a new Annual Fire
Services Operating Budget is approved by the Contracted Cities and Hamel VFD.
The Annual Fire Services Capital Budget must be approved annually by the
Contracted Cities and Hamel VFD and is not subject to any automatic average
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annual increase.
9.1 Budget Process
By June 1st of each year during which this Agreement remains in effect, Hamel
VFD shall provide an Annual Fire Services Operating Budget and an Annual Fire
Services Capital Budget covering the costs related to the provision of fire protection
for the next year. The budgets provided to the Contracted Cities must have been
presented to the Advisory Board prior to May 1st for discussion and review.
Although it is expected that the operating and capital budgets, which are provided
to the Contracted Cities by Hamel VFD, will have the consensus support of the
Advisory Board, that is not a requirement since each Contracted City has the
opportunity for final ratification or rejection.
10. Term of this Agreement
This Agreement covers the initial period of January 1, 2014 through December 31, 2015.
A Contract Year covers the period January 1 through December 31 of a calendar year.
This Agreement will become effective upon ratification by the Contracted Cities and
shall be renewed automatically for successive 2-year terms unless terminated
pursuant to Section 20 of the Agreement.
11. Special Fire Funds
In order to facilitate the accounting and reporting of all fire funds associated with the
Annual Fire Services Operating Budget, the following will be used:
Special Equipment Fund - shall refer to monies set aside for the purpose of
acquiring new or refurbished equipment as needed by Hamel VFD to continue
to provide the desired level of service.
Special Reserve Fund - shall refer to monies set aside for the purpose of
emergency repairs and replacements of equipment and supplies required by
Hamel VFD to continue to provide the desired level of service.
The minimum value of the Special Reserve Fund shall be established at $100,000.
This amount will be reviewed annually and revised upward as determined necessary.
In the event the fund balance drops below the required minimum balance, an Annual
Fire Services Operating Budget line item shall be established to amortize the deficit.
12. Capital Expenditures
Capital expenditures include the acquisition, refurbishment and/or upgrade of
equipment and significant maintenance, repair, or rehabilitation to the fire station.
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Equipment to be considered Major Equipment include "rolling stock" and
significant equipment assets required for performing the fire department mission in the
Total Fire Service Area. To qualify as Major Equipment, such assets will typically
have an initial purchase value, or other costs, of at least $5,000. Station
maintenance, repair or rehabilitation considered as Major Maintenance
will have costs of at least $5,000.
Hamel VFD shall prepare a 10-year Major Equipment investment and replacement
plan, and a 1 0-year plan for Major Maintenance. These 10-year plans will be the basis
for the preparation of an Annual Fire Services Capital Budget. Neither the approval nor
lack of disapproval of the 10-year plans by the Contracted Cities creates any obligation
for final approval or funding of any specific capital expenditure. The 10-year plans will
be reviewed and updated annually through the Annual Fire Services Capital Budget
approval process. The current 10-year plan will be described in Exhibit D of this
Agreement.
During the annual budget process provided by Section 9 of this Agreement, Hamel VFD
will review the planned capital expenditures, including Major Equipment and Major
Maintenance, with the Advisory Board. Hamel VFD and the Advisory Board will
negotiate the acquisition method and ownership shares for each item. In addition, Hamel
VFD and the Advisory Board will agree on legal ownership (hereinafter referred to as
Titling) for vehicles acquired in accordance with the provisions of this Section 12. Without
regard to acquisition method, ownership allocation or Titling, Hamel VFD, in its
reasonable discretion, will determine the use, maintenance and upkeep for all equipment
used in the provisioning of services. Ongoing operational, maintenance, insurance and
administrative costs associated with Major Equipment and Major Maintenance will be
incorporated into the Annual Fire Services Operating Budget.
The final approval of capital expenditures is done in accordance with Section 9 of this
Agreement. When a Contracted City approves the Annual Fire Services Capital
Budget, it is also agreeing to pay its share of the cost of capital expenditures included in
the Annual Fire Services Capital Budget, up to the budgeted amount (hereinafter referred
to as the "Capital Share"). Hamel VFD shall pay any share of capital expenditures as
negotiated and determined available and necessary by the Fire Board. All plans and
specifications for major equipment or facilities shall be annually approved by the
Contracted Cities
Payments for capital expenditure funding by the Contracted Cities to Hamel VFD will be
done in accordance with Section 17 of this Agreement.
Hamel VFD will place capital funding payments into the Special Equipment Fund.
Utilization of these funds will only be done in accordance with the Annual Fire Service
Capital Budget. Purchases funded through the Special Equipment Fund will adhere to
considerations consistent with the purchasing policies of the Contracted Cities as described
in Exhibit E of this Agreement.
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Major Equipment and/or Major Maintenance funded in accordance with this section will be
listed in Exhibit F of this Agreement (hereinafter referred to as the "Asset Exhibit"). The
following information shall be recorded for each item:
i. Item Description
ii. Original Cost
iii. Purchase Date
iv. Ownership Shares/Allocation
12.1. Disposition of Assets Upon Termination
In the event that this Agreement is terminated as provided in Section 20 of this
Agreement:
1. For any asset on the Asset Exhibit (Major Asset) reflecting 100% ownership by a
single party, that party is entitled to take physical possession of that asset. For
vehicles, this includes receipt of a title indicating sole ownership by that party.
2. Hamel VFD has the right to purchase a Contracted City's ownership share of a Major
Asset for cash at the current market value pro-rata to the original amount funded by
the Contracted City, or based on the average historical allocation by all Contracted
Cities. Hamel VFD has up to thirty (30) days after the termination to exercise this
right.
3. In the event Hamel VFD does not exercise its right to acquire full ownership of any
Major Asset, the Contracted City with the largest ownership share shall then have the
right to purchase full ownership of that Major Asset for cash at the current market
value pro-rata to the original amount funded by the other Contracted Cities and
Hamel VFD. The Contracted Cities have sixty (60) days after termination to exercise
this right.
4. Any Major Asset not acquired 100% by a party through this process will be sold, and
the proceeds of the sale divided between the parties pro-rata to the ownership
allocation from the Asset Exhibit.
5. Any cash balance remaining in the Special Equipment Fund will be distributed to
each Contracted City pro-rata to the original amounts contributed
All assets on the Asset Exhibit will be covered by this terminating procedure. Any
other physical assets in the possession of Hamel VFD which are not listed on the
Asset Exhibit will be considered the sole property of the Hamel VFD.
13. Un-Budgeted/Emergency Expenditures
Un-budgeted equipment repair, maintenance or replacement, building repair, supply
replacement or other emergency expenditures exceeding 2% of the Annual Fire Services
Operating Budget and having a potential negative impact on the operational capabilities
and/or safety of Hamel VFD will be accommodated through the Special Reserve
Fund. Notification of the use of the Special Reserve Fund will be provided to the
Advisory Board within 14 days, including a detailed explanation of the need. Any
subsequent reimbursement or refund associated with an un-budgeted or emergency
expenditure contemplated in this section will be credited back to the Special Reserve
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Fund.
14. Annual Audit of Actual Costs
The Contracted Cities understand and agree that it is impossible to project with
complete accuracy the actual costs of labor and equipment, as well as the service to be
required by the Contracted Cities, for the forthcoming contract year and thereby
agree to a yearly audit to adjust the prior year's estimated cost of service as set forth
above to the actual costs incurred by Hamel VFD. On or before April 30th of each
year, Hamel VFD will tabulate the actual cost of the fire department budget for the
prior contract year and will submit to the Contracted Cities a summary of the actual
costs. The actual costs set forth for the prior contract year may result in either a surplus
or deficit with respect to that year's Annual Fire S e ry ices Operating Budget. The
Advisory Board shall recommend allocation or financing of any surplus or deficit that
exists at the end of the fiscal year. It is expected that expenditures will remain within
the Annual Operating Budget amounts and will only exceed such budget amounts as
provided in Section 13 and Section 15 of this Agreement.
The Contracted Cities reserve the right to request an independent audit of Hamel VFD,
at a cost to be funded by requesting Contracted City, provided the frequency is not
more than biennially.
15. Non -forecasted Expenditures
Notice of the need for a non -forecasted expenditure in the amount of $5,000 or more
shall be given in writing to the A d v i s o r y B o a r d prior to actual expenditures for
such items. The Advisory Board shall thereafter have 21 days in which to approve or
disapprove the same in writing and if there is no response which disapproves the
expenditure, it is agreed that such proposed expenditures may be made and the cost
thereof shall be included in the Annual Fire S e ry i c e s Operating Budget as if ratified
originally.
16. Cost Sharing Formula
Each Contracted City will be responsible for a portion of the Municipal Share (hereinafter
referred to as the Budget Share). The Budget Share for the initial Contracted City shall be
100% of the Municipal Share.
At such time as there is more than one Contracted City, the sum of all Budget Shares shall
be 100% of the Municipal Share. The determination of the Budget Share for each
Contracted City will be based upon a formula which will be agreed to by all parties.
17. Contract Payments
The Budget Share and the Capital Share of the Contracted Cities shall be paid in
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equal quarterly installments on January 31, April 30, July 31 and October 31 of the
next contract year by the Contracted Cities to Hamel VFD. The invoices will contain
details for both elements of payment.
The amounts payable by the Contracted City in 2014 are as follows:
Budget Share: $ 169,400 (from the 2014 Annual Fire Services Operating Budget)
Capital Share: $ 60,000 (from the 2014 Annual Fire Services Capital Budget)
Hamel VFD agrees to provide the Contracted Cities with reasonably detailed
information relating to the actual expenditures against the Annual Fire Services
Operating Budget upon request and on a quarterly basis and agrees to make pertinent
records available to the Contracted Cities for inspection for the purpose of
determining the basis for the allocation of costs to fire protection.
18. Arbitration
If a Contracted City is aggrieved by the determination of Hamel VFD as to the
allocation of the actual costs of the prior years' service, the Contracted City may
appeal said determination within 30 days after receipt of Hamel VFD's audit. Said
appeal shall be in writing and shall be addressed to Hamel VFD asking for arbitration
by a board of arbitration. The Board of Arbitration shall consist of three persons; one
to be appointed by Hamel VFD, one to be appointed by the appealing City, and the
third to be appointed by the two so selected. The name of each arbitrator shall be
submitted in writing to the other party. In the event that the two arbitrators so
selected do not appoint the third arbitrator within 15 days after receipt of written
notice of appointment of either of the first two arbitrators', the Chief Judge of the
District Court of Hennepin County shall have jurisdiction to appoint, upon application
of any Contracted City, the third arbitrator to the Board. The third arbitrator selected
shall not be a resident of any Contracted City, and shall be a city manager or
administrator. The arbitrator's expenses, not including counsel fees, incurred in the
conduct of the arbitration, shall be divided equally between the parties to the
arbitration. Arbitration shall be conducted in accordance with the Uniform Arbitration
Act, Chapter 572 of the Minnesota Statutes, and any decision shall be rendered within
60 days of appointment of the third arbitrator. Said arbitration shall be binding on both
parties.
19. Fire Advisory Board Role
The Fire Advisory Board shall meet no less than two times per year, with regular
meetings scheduled in March and July for the purpose of reviewing operational
performances, setting goals and providing strategic planning. Any Contracted City or
Hamel VFD may call meetings in addition to the regular meetings. This group shall
discuss and make recommendations regarding concerns or problems identified
regarding the provision of fire service, and to periodically review budget updates. The
Fire Advisory Board shall have the specific task of reviewing Hamel VFD's operating
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and capital budget proposals for the next calendar year and arriving at a consensus
annual Fire Services Operating Budget and Fire Services Capital Budget according to
the timeframes established in Section 9.1 of this Agreement. Advisory Board members
are responsible for presenting the operating and capital budgets to the City Council of
their respective Contracted City for approval. The Advisory Board shall receive a
complete copy of the Hamel Fire Relief Association's Pension Plan Audit as filed with
the State Auditor, verifying that the pension fund's integrity is being maintained.
20. Termination of this Agreement
This Agreement shall be terminable only as follows:
1. For convenience, any party may choose to terminate this Agreement for any reason
provided that such termination is preceded by a minimum of a one (1) year
written notice. In no event shall a party issue a termination notice earlier than
December 31, 2014.
2. For cause, if a party breaches their obligations under this Agreement in a material
respect and the breach is not substantially cured within a ninety (90) day cure period
which begins when written notice is served.
3. By mutual written agreement of the Contracted Cities and Hamel VFD who
are covered by this Agreement.
21. Provision to adjust City Fire Service Area
During the term of this Agreement, a Contracted City may request that its City Fire Service
Area be reduced or increased in size. Such a request of less than five percent of the City
Fire Service Area must be made in writing prior to May 1 of the Contract Year to allow
time for preparing the Annual Fire Services Operating Budget for the succeeding Contract
Year. In the event that a Contracted City proposes an increase of more than five percent to
its City Fire Service Area, Hamel VFD shall have the right to limit the increase to assure
that coverage at the service level provided under this Agreement can be achieved by the
Department. Such a request of more than five percent must be made one year prior to the
desired effective date of the change. The service area shall not be increased to the extent
that it requires the purchase of additional equipment unless all parties to the contract agree.
In the event that a Contracted City wishes to decrease and/or alter the location by less than
five percent of its City Fire Service Area it may do so by specifying those changes in
writing by May 1 of the year prior to the Contract Year in which such change is to be
effective. In the event that a Contracted City wishes to decrease and/or alter the location
by more than five percent of its City Fire Service Area, it may do so by specifying those
changes in writing 3 months prior to the desired effective date of the change.
22. New Contracted Cities
The Contracted Cities and Hamel VFD will negotiate in good faith to add a new Contracted
City as a party to this Agreement. Addition of a new Contracted City to this Agreement
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requires approval from City Council of each currently Contracted City, which will not be
unreasonably withheld.
The Budget Share and a cost sharing formula will also be mutually agreed to by all
parties. In addition, the parties will undertake actions to ensure that capital contributions
made by a Contracted City prior to this event are considered when determining the
capital contribution/outlay amount required by the new Contracted City to become party
to this Agreement.
Hamel VFD will not enter into any other agreement to provide services similar to those
described in Section 2 of this Agreement without the approval of City Council from each
Contracted City.
23. Legal Compliance
This Agreement is governed by the laws of Minnesota. All parties to this Agreement
shall comply with all applicable statutory requirements.
This Contract replaces any existing contracts and agreements between the parties and is
approved by the Contracted Cities and Hamel Volunteer Fire Department on the date first
written above.
CITY OF MEDINA
MAYOR CITY ADMINISTRATOR -CLERK
HAMEL VOLUNTEER FIRE DEPARTMENT
FIRE CHIEF ASSISTANT FIRE CHIEF
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ACREEMENTAMENDED AND RESTATED CONTRACT FOR FIRE PROTECTION
THIS AGREEMENTAMENDED AND RESTATED CONTRACT made and entered
into this 20th day of December, 2013, effective as of January 1, 2016, by and between the
City of Medina, a municipal corporation of the County of Hennepin and State of Minnesota
(hereinafter referred to as Medina), and the Hamel Volunteer Fire Department, a Minnesota
nonprofit corporation of Hennepin County, State of Minnesota (hereinafter referred to as
Hamel VFD).
WHEREAS, Hamel VFD has the facilities and equipment and is willing and able to
provide fire protection service to Medina:; and
WHEREAS, Medina desires to have fire protection service furnished by Hamel VFD;;
and
WHEREAS, Hamel VFD and Medina entered into a contract for fire protection dated
December 20, 2013, which contract recently automatically extended from January 1, 2016 to
December 31, 2017 and this Amended and Restated Contract amends and supersedes the said
December 20, 2013 contract.
NOW, THEREFORE in consideration of the covenants herein contained the parties
hereto agree as follows:
1. Definitions
Administrative Expenses - Those expenses not directly related to the provision of
Hamel VFD services, building or equipment maintenance, and personnel education
and training. Administrative Expenses include, but are not limited to, insurance, taxes,
accountant fees, office supplies, computer expenses, health and safety programs and
labor costs associated with department administration.
Annual Fire Services Capital Budget - The calendar year capital budget of Hamel
VFD. The Annual Fire Services Capital Budget includes major equipment items and
major repairs/rehabilitation of the Fire Station.
Annual Fire Services Operating Budget - The calendar year operating budget of
Hamel VFD. The Annual Fire Services Operating Budget incorporates all costs of
operations including, but not limited to, the costs of the on -going operation and
maintenance of the fire station, administrative expenses and annual contributions to
the Hamel Volunteer Fire Relief Association Retirement Fund.
City Fire Service Area - The area within a Contracted City provided fire protection
by Hamel VFD under this contract and shown in Exhibit A of this Agreement.
Contracted City(ies) —Any city which is a party to this Agreement for purposes of
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473928v4-2 ME230-1A
apportioning costs of services. At the effective date hereof the Contracting City(ies) is
Medina.
Emergency Management Services - Functions that shall be performed by Hamel
VFD as identified in the respective emergency operations plan of each Contracted City
on file with the Hamel VFD.
Emergency Medical Services - Functions that shall be performed by Hamel VFD
directed at the provision of treatment to patients, including first aid, cardiopulmonary
resuscitation, First Responder and Basic Life Support prior to the arrival of Advanced
Life Support and/or transport to a hospital or other health care facility.
Fire Advisory Board — The Fire Advisory Board (hereinafter referred to as the
"Advisory Board") will be comprised of the Fire Chief of the Hamel VFD and the
Public Safety Director and other designated representative(s) of each Contracted City.
Fire Fighting Services - Functions that shall be performed by Hamel VFD directed at
rescue, fire suppression, property conservation or special operations involving
individuals, buildings or property that are involved in a fire or other emergency
situation.
Fire Prevention Services - Functions that shall be performed by Hamel VFD directed
at fire cause investigation and determination, pre -fire planning and inspection, hazard
identification and elimination, public education, and other activities with the goal of
proactively improving the safety of life and property.
Hazardous Materials Response Services - Functions that shall be performed by
Hamel VFD directed at the identification, isolation, mitigation and/or removal of
hazardous materials. A hazardous material is defined as any substance that presents an
unusual danger to persons due to properties of toxicity, chemical reactivity or
decomposition, corrosiveness, explosion or detonation, etiological hazards or similar
properties.
Municipal Share - The portion of the Annual Fire Services Operating Budget that
will be funded by service fees paid by the Contracted Cities.
Rescue Services- Functions that shall be performed by Hamel VFD directed at
locating endangered persons at an emergency incident, removing those persons from
danger, treating the injured, and preparing for transport to an appropriate health care
facility.
Total Fire Service Area - The sum of the City Fire Service Area for all of the
Contracted Cities.
2. Services to be Rendered
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473928v4-2 ME230-1A
During the term of this Agreement, Hamel VFD shall furnish all the Fire Fighting
Services, Fire Prevention Services, Emergency Management Services, Rescue
Services, Emergency Medical Services, Hazardous Materials Response Services,
necessary building plan reviews and related fire protection services to the Contracted
Cities for the Total Fire Service Area outlined in red on the attached map marked
Exhibit A (hereinafter referred to as the "Total Fire Service Area"). All of said Total
Fire Service Area is located within the corporate limits of the Contracted Cities.
3. Level of Service
A. Hamel VFD shall endeavor to provide the services listed in Section 2 of this
Agreement, including, but not limited to, protecting and saving life and
property from destruction by fire in the City Fire Service Area of a Contracted
City. In the event of two or more fire calls received within the same time
frame, Hamel VFD shall respond to the call that involves a higher threat to life,
safety and property. If comparable calls are received within the same time
frame, the call first received shall have priority and the following calls shall be
answered as soon as possible. Hamel VFD will furnish sufficient staff to each
call to safely, legally and effectively operate all necessary vehicles and
equipment and provide all necessary services. Hamel VFD will arrange for
fire service and protection through mutual aid contracts as needed.
B. Mutual Aid - Hamel VFD shall respond to a fire service call in one of the
districts of a Contracted City if service is requested by a fire department having
primary responsibility in that portion of the Contracted City; provided that
such service shall be furnished as soon as reasonably possible, without
jeopardizing Hamel VFD's service to the Total Fire Service Area.
C. Hamel VFD shall regularly train all fire fighters in areas including, but not
limited to, modern firefighting techniques and methods, HAZMAT response,
and terrorism response which are applicable to the level of service required by
this contract for a Contracted City.
D. Desirable Performance and Service Measures
1. Hamel VFD shall have a minimum of four (4) fire fighters at each fire call.
2. Hamel VFD shall respond to each fire call within ten minutes of dispatch.
3. Health and Wellness (programs, selection, training).
a. Hamel VFD shall conduct SCBA fit testing on an annual basis, as
required by Occupational Safety and Health Administration (OSHA).
b. Hamel VFD shall require each fire fighter to receive a physical
examination every two years.
4. The following information shall be reported to the Advisory Board:
a. Quarterly Minimum Reporting:
i. Quarterly Calls
ii. Quarterly Complaints
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473928v4-2 ME230-1A
iii. Quarterly Budget and Expenditures
b. Annual Minimum Reporting:
i. Statistics of all calls
ii. Pension Obligations, including annual reports
iii. Response times
iv. Fire Equipment Certification for State Fire Aid Payable
v. Community Involvement and Outreach
vi. Certification of Service Areas Protected (pertaining to Hamel Fire
Relief Association)
vii. Balance Sheet listing all Hamel VFD Assets and Liabilities
viii. Compliance against the "Minimum Position Qualifications"
described in Exhibit B of this Agreement for the current Hamel
VFD roster.
5. Hamel VFD shall use National Fire Protection Association (NFPA)
standards as a reference regarding fire protection, fire prevention, public
life safety education, fire suppression, volunteer/professional
qualifications, training, professional clothing and equipment, apparatus,
and hazardous materials.
6. Hamel VFD shall use National Fire Protection Association (NFPA)
standards as a reference regarding the ongoing maintenance, inspection and
upkeep for all equipment used in delivering the services listed in Section 2
of this Agreement.
7. Hamel VFD shall comply with all OSHA rules and regulations.
8. Hamel VFD shall use an accounting style reasonably accepted by the
Contracted Cities.
9. Hamel VFD shall implement a process for the handling of complaints
related to the services listed in Section 2. The process will follow the
framework described in Exhibit C of this Agreement.
4. Command Responsibility
Subject to the terms of this Agreement, the Fire Chief of Hamel VFD or their designee
shall have the sole and exclusive right and responsibility to prescribe the manner and
method of giving the alarm for fire within the Total Fire Service Area and to prescribe
the manner and method of responding to calls and rendering the services
contemplated. The said Fire Chief or designee shall immediately upon arriving at the
scene of any alarm or fire emergency have the sole and exclusive responsibility and
authority to direct and control any and all firefighting and the emergency operations at
such scene or scenes. The highest ranking official, with the highest level of
certification, shall have command responsibility for medical emergencies.
5. Volunteer Fire Fighters of Hamel VFD
Personnel assigned to provide fire protection services in a Contracted City shall be
volunteer firefighters of Hamel VFD. Hamel VFD shall assume all obligations with
regard to Worker's Compensation, Fire Fighter's Relief Association, withholding tax,
4
473928v4-2 ME230-1A
insurance, etc. for said volunteer firefighters.
The cost of such obligations shall be a part of the costs attributed to the operation of
Hamel VFD and will be included in the Annual Fire Services Operating Budget
package.
6. Insurance and Indemnification
Hamel VFD shall indemnify and hold harmless each Contracted City, their officers,
agents, representatives, and employees, from and against all damages, claims, losses,
costs or expenses including reasonable attorney fees, which may be asserted against a
Contracted City, or for which they may be held liable, arising from any act, omission,
or negligence of Hamel VFD, its agents, employees and firefighters while engaged in
the performance of services under this Agreement and as defined in Section 2. Hamel
VFD shall maintain liability insurance for these purposes in an amount no less than
$2,000,000.00 listing each Contracted City as a named insured. Hamel VFD shall
annually provide a certificate of insurance to each Contracted City. The cost of such
insurance shall be a part of the costs attributed to the operation of Hamel VFD and will
be included in the Annual Fire Services Operating Budget. Nothing in this contract
shall be construed as waiving the statutory liability limits of any city which is a party
to this Agreement. For the purposes of determining total liability, all parties to this
Contract shall be considered a single governmental unit and their total liability shall
not exceed the limits for a single governmental unit as specified in Minnesota Statutes,
section 466.04.
7. Liability Insurance
Hamel VFD shall carry liability insurance in an amount not less than $2,000,000
listing itself and each Contracted City as a named insured against any and all claims
by Hamel VFD firefighters for personal injury sustained while performing services
under this Agreement. The amount of the insurance coverage shall be reviewed
annually and if determined to be inadequate the amount of the coverage shall be
adjusted accordingly. Nothing in this contract shall be construed as waiving the
statutory liability limits of any city which is a party to this Agreement. For the
purposes of determining total liability, all parties to this Contract shall be considered a
single governmental unit and their total liability shall not exceed the limits for a single
governmental unit as specified in Minnesota Statutes, section 466.04.
8. Hamel VFD Operational Responsibility
Hamel VFD shall be responsible for managing the operation of Hamel VFD, and for
managing the on -going operation and maintenance of the Hamel VFD Fire Station.
This includes carrying hazard insurance on the Fire Station and its contents. The costs
related to the operation of Hamel VFD, including the on -going operation and
maintenance of the Fire Station, shall be included in the Annual Fire Services
Operating Budget.
5
473928v4-2 ME230-1A
9. Budget Package
Hamel VFD's annual operating expenditures shall be controlled through the Annual
Fire Services Operating Budget. This budget will become the official Annual Fire
Services Operating Budget upon ratification by the Contracted Cities. When the
Annual Fire Services Operating Budget is approved, the expenditures may not exceed
the level set in the budget without the approval of all parties to the contract except as
provided in Section 13 and Section 15 of this Agreement. If during the term of this
Agreement, a Contracted City or Hamel VFD chooses not to approve a proposed
Annual Fire Services Operating Budget, the Annual Fire Service Operating Budget
increase shall be limited to the average of the most recently approved annual General
Fund Expenditure Budget increases of the Contracted Cities, until a new Annual Fire
Services Operating Budget is approved by the Contracted Cities and Hamel VFD.
The Annual Fire Services Capital Budget must be approved annually by the
Contracted Cities and Hamel VFD and is not subject to any automatic average annual
increase.
9.1 Budget Process
By June 1st of each year during which this Agreement remains in effect, Hamel
VFD shall provide an Annual Fire Services Operating Budget and an Annual
Fire Services Capital Budget covering the costs related to the provision of fire
protection for the next year. The budgets provided to the Contracted Cities
must have been presented to the Advisory Board prior to May 1st for discussion
and review. Although it is expected that the operating and capital budgets,
which are provided to the Contracted Cities by Hamel VFD, will have the
consensus support of the Advisory Board, that is not a requirement since each
Contracted City has the opportunity for final ratification or rejection.
10. Term of this Agreement
This Agreement covers the initial period of January 1, 20442016 through December
31, 2015.2020. A Contract Year covers the period January 1 through December 31 of
a calendar year.
This Agreement will become effective upon ratification by the Contracted Cities and
shall be renewed automatically for successive 2-year terms unless terminated pursuant
to Section 20 of the Agreement.
11. Special Fire Funds
In order to facilitate the accounting and reporting of all fire funds associated with the
Annual Fire Services Operating Budget, the following will be used:
6
473928v4-2 ME230-1A
Special Equipment Fund - shall refer to monies set aside for the purpose of acquiring
new or refurbished equipment as needed by Hamel VFD to continue to provide the
desired level of service.
Special Reserve Fund - shall refer to monies set aside for the purpose of emergency
repairs and replacements of equipment and supplies required by Hamel VFD to
continue to provide the desired level of service.
The minimum value of the Special Reserve Fund shall be established at $100,000.
This amount will be reviewed annually and revised upward as determined necessary.
In the event the fund balance drops below the required minimum balance, an Annual
Fire Services Operating Budget line item shall be established to amortize the deficit.
12. Capital Expenditures
Capital expenditures include the acquisition, refurbishment and/or upgrade of
equipment and significant maintenance, repair, or rehabilitation to the fire station.
Equipment to be considered Major Equipment include "rolling stock" and significant
equipment assets required for performing the fire department mission in the Total Fire
Service Area. To qualify as Major Equipment, such assets will typically have an
initial purchase value, or other costs, of at least $5,000. Station maintenance, repair or
rehabilitation considered as Major Maintenance will have costs of at least $5,000.
Hamel VFD shall prepare a 10-year Major Equipment investment and replacement
plan, and a 1 0-year plan for Major Maintenance. These 10-year plans will be the
basis for the preparation of an Annual Fire Services Capital Budget. Neither the
approval nor lack of disapproval of the 10-year plans by the Contracted Cities creates
any obligation for final approval or funding of any specific capital expenditure. The
10-year plans will be reviewed and updated annually through the Annual Fire Services
Capital Budget approval process. The current 10-year plan will be described in
Exhibit D of this Agreement.
During the annual budget process provided by Section 9 of this Agreement, Hamel
VFD will review the planned capital expenditures, including Major Equipment and
Major Maintenance, with the Advisory Board. Hamel VFD and the Advisory Board
will negotiate the acquisition method and ownership shares for each item. In addition,
Hamel VFD and the Advisory Board will agree on legal ownership (hereinafter
referred to as Titling) for vehicles acquired in accordance with the provisions of this
Section 12. Without regard to acquisition method, ownership allocation or Titling,
Hamel VFD, in its reasonable discretion, will determine the use, maintenance and
upkeep for all equipment used in the provisioning of services. Ongoing operational,
maintenance, insurance and administrative costs associated with Major Equipment and
Major Maintenance will be incorporated into the Annual Fire Services Operating
Budget.
7
473928v4-2 ME230-1A
The final approval of capital expenditures is done in accordance with Section 9 of this
Agreement. When a Contracted City approves the Annual Fire Services Capital
Budget, it is also agreeing to pay its share of the cost of capital expenditures included
in the Annual Fire Services Capital Budget, up to the budgeted amount (hereinafter
referred to as the "Capital Share"). Hamel VFD shall pay any share of capital
expenditures as negotiated and determined available and necessary by the Fire Board.
All plans and specifications for major equipment or facilities shall be annually
approved by the Contracted Cities
Payments for capital expenditure funding by the Contracted Cities to Hamel VFD will
be done in accordance with Section 17 of this Agreement.
Hamel VFD will place capital funding payments into the Special Equipment Fund.
Utilization of these funds will only be done in accordance with the Annual Fire
Service Capital Budget. Purchases funded through the Special Equipment Fund will
adhere to considerations consistent with the purchasing policies of the Contracted
Cities as described in Exhibit E of this Agreement.
Major Equipment and/or Major Maintenance funded in accordance with this section
will be listed in Exhibit F of this Agreement (hereinafter referred to as the "Asset
Exhibit"). The following information shall be recorded for each item:
i. Item Description
ii. Original Cost
Purchase Date
iv. Ownership Shares/Allocation
12.1. Disposition of Assets Upon Termination
In the event that this Agreement is terminated as provided in Section 20 of this
Agreement:
1. For any asset on the Asset Exhibit (Major Asset) reflecting 100% ownership by a
single party, that party is entitled to take physical possession of that asset. For
vehicles, this includes receipt of a title indicating sole ownership by that party.
2. Hamel VFD has the right to purchase a Contracted City's ownership share of a
Major Asset for cash at the current market value pro-rata to the original amount
funded by the Contracted City, or based on the average historical allocation by all
Contracted Cities. Hamel VFD has up to thirty (30) days after the termination to
exercise this right.
3. In the event Hamel VFD does not exercise its right to acquire full ownership of
any Major Asset, the Contracted City with the largest ownership share shall then
have the right to purchase full ownership of that Major Asset for cash at the
current market value pro-rata to the original amount funded by the other
Contracted Cities and Hamel VFD. The Contracted Cities have sixty (60) days
after termination to exercise this right.
4. Any Major Asset not acquired 100% by a party through this process will be sold,
and the proceeds of the sale divided between the parties pro-rata to the ownership
allocation from the Asset Exhibit.
8
473928v4-2 ME230-1A
5. Any cash balance remaining in the Special Equipment Fund will be distributed to
each Contracted City pro-rata to the original amounts contributed.
All assets on the Asset Exhibit will be covered by this terminating procedure. Any
other physical assets in the possession of Hamel VFD which are not listed on the Asset
Exhibit will be considered the sole property of the Hamel VFD.
13. Un-Budgeted/Emergency Expenditures
Un-budgeted equipment repair, maintenance or replacement, building repair, supply
replacement or other emergency expenditures exceeding 2% of the Annual Fire
Services Operating Budget and having a potential negative impact on the operational
capabilities and/or safety of Hamel VFD will be accommodated through the Special
Reserve Fund. Notification of the use of the Special Reserve Fund will be provided to
the Advisory Board within 14 days, including a detailed explanation of the need. Any
subsequent reimbursement or refund associated with an un-budgeted or emergency
expenditure contemplated in this section will be credited back to the Special Reserve
Fund.
14. Annual Audit of Actual Costs
The Contracted Cities understand and agree that it is impossible to project with
complete accuracy the actual costs of labor and equipment, as well as the service to be
required by the Contracted Cities, for the forthcoming contract year and thereby agree
to a yearly audit to adjust the prior year's estimated cost of service as set forth above
to the actual costs incurred by Hamel VFD. On or before April 30th of each year,
Hamel VFD will tabulate the actual cost of the fire department budget for the prior
contract year and will submit to the Contracted Cities a summary of the actual costs.
The actual costs set forth for the prior contract year may result in either a surplus or
deficit with respect to that year's Annual Fire Services Operating Budget. The
Advisory Board shall recommend allocation or financing of any surplus or deficit that
exists at the end of the fiscal year. It is expected that expenditures will remain within
the Annual Operating Budget amounts and will only exceed such budget amounts as
provided in Section 13 and Section 15 of this Agreement.
The Contracted Cities reserve the right to request an independent audit of Hamel VFD,
at a cost to be funded by requesting Contracted City, provided the frequency is not
more than biennially.
15. Non -forecasted Expenditures
Notice of the need for a non -forecasted expenditure in the amount of $5,000 or more
shall be given in writing to the Advisory Board prior to actual expenditures for such
items. The Advisory Board shall thereafter have 21 days in which to approve or
disapprove the same in writing and if there is no response which disapproves the
expenditure, it is agreed that such proposed expenditures may be made and the cost
9
473928v4-2 ME230-1A
thereof shall be included in the Annual Fire Services Operating Budget as if ratified
originally.
16. Cost Sharing Formula
Each Contracted City will be responsible for a portion of the Municipal Share
(hereinafter referred to as the Budget Share). The Budget Share for the initial
Contracted City shall be 100% of the Municipal Share.
At such time as there is more than one Contracted City, the sum of all Budget Shares
shall be 100% of the Municipal Share. The determination of the Budget Share for
each Contracted City will be based upon a formula which will be agreed to by all
parties.
17. Contract Payments
The Budget Share and the Capital Share of the Contracted Cities shall be paid in equal
quarterly installments on January 31, April 30, July 31 and October 31 of the next
contract year by the Contracted Cities to Hamel VFD. The invoices will contain
details for both elements of payment.
The amounts payable by the Contracted City in 2-0442016 are as follows:
Budget Share: $169,400202,215 (from the 2-0442016 Annual Fire Services
Operating Budget)
Capital Share: $ 60700070,000 (from the 2-04-42016 Annual Fire Services
Capital Budget)
Hamel VFD agrees to provide the Contracted Cities with reasonably detailed
information relating to the actual expenditures against the Annual Fire Services
Operating Budget upon request and on a quarterly basis and agrees to make pertinent
records available to the Contracted Cities for inspection for the purpose of determining
the basis for the allocation of costs to fire protection.
18. Arbitration
If a Contracted City is aggrieved by the determination of Hamel VFD as to the
allocation of the actual costs of the prior years' service, the Contracted City may
appeal said determination within 30 days after receipt of Hamel VFD's audit. Said
appeal shall be in writing and shall be addressed to Hamel VFD asking for arbitration
by a board of arbitration. The Board of Arbitration shall consist of three persons; one
to be appointed by Hamel VFD, one to be appointed by the appealing City, and the
third to be appointed by the two so selected. The name of each arbitrator shall be
submitted in writing to the other party. In the event that the two arbitrators so selected
do not appoint the third arbitrator within 15 days after receipt of written notice of
appointment of either of the first two arbitrators', the Chief Judge of the District Court
10
473928v4-2 ME230-1A
of Hennepin County shall have jurisdiction to appoint, upon application of any
Contracted City, the third arbitrator to the Board. The third arbitrator selected shall
not be a resident of any Contracted City, and shall be a city manager or administrator.
The arbitrator's expenses, not including counsel fees, incurred in the conduct of the
arbitration, shall be divided equally between the parties to the arbitration. Arbitration
shall be conducted in accordance with the Uniform Arbitration Act, Chapter 572 of the
Minnesota Statutes, and any decision shall be rendered within 60 days of appointment
of the third arbitrator. Said arbitration shall be binding on both parties.
19. Fire Advisory Board Role
The Fire Advisory Board shall meet no less than two times per year, with regular
meetings scheduled in March and July for the purpose of reviewing operational
performances, setting goals and providing strategic planning Any Contracted City or
Hamel VFD may call meetings in addition to the regular meetings. This group shall
discuss and make recommendations regarding concerns or problems identified
regarding the provision of fire service, and to periodically review budget updates. The
Fire Advisory Board shall have the specific task of reviewing Hamel VFD's operating
and capital budget proposals for the next calendar year and arriving at a consensus
annual Fire Services Operating Budget and Fire Services Capital Budget according to
the timeframes established in Section 9.1 of this Agreement. City Advisory Board
members are responsible for presenting the operating and capital budgets to the City
Council of their respective Contracted City for approval. The Advisory Board shall
receive a complete copy of the Hamel Fire Relief Association's Pension Plan Audit as
filed with the State Auditor, verifying that the pension fund's integrity is being
maintained.
20. Termination of this Agreement
This Agreement shall be terminable only as follows:
1. For convenience, any party may choose to terminate this Agreement for any
reason provided that such termination is preceded by a minimum of a one (1)
year written notice. In no event shall a party issue a termination notice earlier
than December 31, 2014.2016.
2. For cause, if a party breaches their obligations under this Agreement in a
material respect and the breach is not substantially cured within a ninety (90)
day cure period which begins when written notice is served
3. By mutual written agreement of the Contracted Cities and Hamel VFD who are
covered by this Agreement.
21. Provision to adjust City Fire Service Area
During the term of this Agreement, a Contracted City may request that its City Fire
11
473928v4-2 ME230-1A
Service Area be reduced or increased in size. Such a request of less than five percent
of the City Fire Service Area must be made in writing prior to May 1 of the Contract
Year to allow time for preparing the Annual Fire Services Operating Budget for the
succeeding Contract Year. In the event that a Contracted City proposes an increase of
more than five percent to its City Fire Service Area, Hamel VFD shall have the right
to limit the increase to assure that coverage at the service level provided under this
Agreement can be achieved by the Department. Such a request of more than five
percent must be made one year prior to the desired effective date of the change. The
service area shall not be increased to the extent that it requires the purchase of
additional equipment unless all parties to the contract agree. In the event that a
Contracted City wishes to decrease and/or alter the location by less than five percent
of its City Fire Service Area it may do so by specifying those changes in writing by
May 1 of the year prior to the Contract Year in which such change is to be effective.
In the event that a Contracted City wishes to decrease and/or alter the location by more
than five percent of its City Fire Service Area, it may do so by specifying those
changes in writing 3 months prior to the desired effective date of the change.
22. New Contracted Cities
The Contracted Cities and Hamel VFD will negotiate in good faith to add a new
Contracted City as a party to this Agreement. Addition of a new Contracted City to
this Agreement requires approval from City Council of each currently Contracted City,
which will not be unreasonably withheld.
The Budget Share and a cost sharing formula will also be mutually agreed to by all
parties. In addition, the parties will undertake actions to ensure that capital
contributions made by a Contracted City prior to this event are considered when
determining the capital contribution/outlay amount required by the new Contracted
City to become party to this Agreement.
Hamel VFD will not enter into any other agreement to provide services similar to
those described in Section 2 of this Agreement without the approval of City Council
from each Contracted City.
23. Legal Compliance
This Agreement is governed by the laws of Minnesota. All parties to this Agreement
shall comply with all applicable statutory requirements.
This Contract replaces any existing contracts and agreements between the parties and
is approved by the Contracted Cities and Hamel Volunteer Fire Department on the
date first written above.effective on January 1, 2016.
12
473928v4-2 ME230-1A
CITY OF MEDINA
MAYOR CITY ADMINISTRATOR -CLERK
HAMEL VOLUNTEER FIRE DEPARTMENT
FIRE CHIEF ASSISTANT FIRE CHIEF
13
473928v4-2 ME230-1A
ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION
EXHIBIT A: CITY FIRE SERVCIE AREA
Version: !December 4, 2013
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Exhibit A: City Fire Service Area Page 1
473928v2 ME230-1A
ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION
EXHIBIT B: MINIMUM POSITION QUALIFICATIONS
version: December 9, 2013
Probationary Firefighters I
✓ GFD
✓ Background Check
✓ Successful Interview Process
Probationary Firefighters II
✓ Probationary Firefighter I plus ...
✓ Firefighter I & Hazmat Operations
Firefighters
✓ Probationary Firefighter II plus ...
✓ Firefighter 1T
✓ First Responder
Certified Drivers/Engineers
✓ Probationary Firefighter II plus ...
✓ Completion of Department Driver Qualification Program
✓ Completion of Department Pump Operator Program
Fire Lieutenants/Captains
✓ Firefighter plus ...
✓ NIMS 100 & 200
✓ Blue Card On -Line Certification Program
Fire Chiefs
✓ Fire Lieutenant/Captains plus ...
✓ NIMS 700
✓ ICS 300 & 400 or MN State equivalent (for Fire Chief only)
NOTE: Qualifications based on current versions of Hamel VFD job descriptions
Exhibit ®: Minimum Position Qualifications Page 1
473928v2 ME230-1A
ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION
EXHIBIT C. COMPLAINT PROCESS FRAMEWORK
Version: December to, 2013
1. Hamel VFD well implement a process to receive and investigate complaints against the
Department andlor its personnel related to the delivery of the services listed in Section 2
of the Agreement
2. The scope of the policy will include the receipt, recording, investigation and disposition
of a complaint against the Department.
3. Anyone who is not a member of Hamel V FD may file a complaint by contacting the Fire
Chief The Fire Chief will make a determination regarding the need for a formal
investigation.
4. For complaints not warranting a formal investigation, the complainant will be notified of
the decision and the basis for it.
5. For complaints warranting a formal investigation:
A. The Fire Chief, at their discretion, may delegate investigation responsibility.
B. Upon completion of the investigation, the Fire Chief will review the investigation
results and determine what, if any, corrective actions, procedure changes, response
protocols, etc. need to be taken. While the Fire Chief may seek input from other
parties regarding the complaint or its investigation, any corrective actions will be
decided on solely by the Fire Chief and, as appropriate, Hamel VFD's Board of
Directors.
C. Upon conclusion of the investigation, the complainant will be provided with an
appropriate summary of the investigation results and corrective actions. No
personnel related actions contemplated or taken as a result of the investigation will
be shared outside the Department.
5. All complaints, even those not formally investigated, will be recorded. As prescribed in
Section 3 of the Agreement, Hamel VFD will provide reporting of complaints to the
Contracted Cities on both a quarterly and annual basis..
Exhibit C: Complaint Process Framework Page 1
473928v2 ME230-1A
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473928v2 ME230-1A
ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION
EXHIBIT E: CAPITAL PURCH_ASIN_G PROVISIONS
Version: December 10, 2013
Hamel VFD will follow the provisions outline below when funding purchases through the
Special Equipment Fund. Generally, the following thresholds will apply:
1. For purchases over $i 00,000 — sealed bids, solicited by public notice and subject to
any particular specific requirements relate to a Contracted City as jointly agreed to by
the parties.
2. For purchases between S25,000 to S 100,000 — sealed bids or direct negotiation, with
two or more quotations whenever possible.
3. For purchases of $25,000 or less — open market or quotations — if done by quotation,
more than one quotation will be pursued when practicable.
Hamel VFD retains the sole responsibility selecting the supplier, vendor or manufacturer
regardless of which of the above considerations was employed. If sealed bids were solicited,
Hamel VFD will document rationale for the selection which will be fled with the bid and
specifications as outlined below in this Exhibit E.
"through a Contracted City, Hamel VFD may contract for the purchase of supplies, materials, or
equipment by utilizing contracts that are available through the state's cooperative purchasing
venture. For purchases over $25,000, Hamel VFD will consider the availability, price and
quality of supplies, materials, or equipment available through the state's cooperative purchasing
venture before purchasing through another source_
At Hamel VFD's discretion, when reasonable and practicable, specifications for sealed bids will
be written so as not to be exclusive of certain manufacturers or equipment types. If sealed bids
are solicited, the request should be published at least once in the official City newspaper with
notice published at least ten days in advance of the last date for submission of bids. No member
of the City Council shall be directly or indirectly interested in any contract made by Hamel VFD
Specifications for purchases over S100,000 will include a requirement for a performance and/or
payment bond when reasonable and practicable.
Bids and quotations should be kept on file for at least a year after receipt.
Exhibit E: Capital Purchasing Provisions Page 1
473928v2 ME230-1A
ATTACHMENT to the AGREEMENT AND CONTRACT FOR FIRE PROTECTION
EXHIBIT F: ASSETS
Version: December 9, 2013
Ownership Shares/Allocation
Hamel VFD
Medina
Equipment Description
Acquisition Original
Date Cost ($k)
1984 Ford (Engine E-12) Initial & refurb
1985 157 6%
94%
2006 Spartan (Engine E-11)
2006
341
27%
73%
2007 Pierce (TankerT-11)
2007
179
23%
_
77%
2008 Ford (Grass Rig G-11)
2008
79
23%
77%
Exhibit F: Assets Page 1
473928v2 ME230-1A
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Amended & Restated Contract for Fire Protection
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Amended & Restated Contract for Fire Protection
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44
AGREEMENT AND CONTRACT FOR FIRE PROTECTION
THIS AGREEMENT AND CONTRACT made and entered into this 249tlt day of
December, 2013 2015 by and between the City of Medina, a municipal corporation of the County
of Hennepin and State of Minnesota (hereinafter referred to as Medina), and the Hamel Volunteer
Fire Department, a Minnesota corporation of Hennepin County, State of Minnesota (hereinafter
referred to as Hamel VFD).
WHEREAS, Hamel VFD has the facilities and equipment and is willing and able to provide
fire protection service to Medina.
WHEREAS, Medina desires to have fire protection service furnished by Hamel VFD, and
NOW, THEREFORE in consideration of the covenants herein contained the parties hereto
agree as follows:
1. Definitions
Administrative Expenses - Those expenses not directly related to the provision of
Hamel VFD services, building or equipment maintenance, and personnel education and
training. Administrative Expenses include, but are not limited to, insurance, taxes, accountant
fees, office supplies, computer expenses, health and safety programs and labor costs
associated with department administration.
Annual Fire Services Capital Budget - The calendar year capital budget of Hamel
VFD. The Annual Fire Services Capital Budget includes major equipment items and
major repairs/rehabilitation of the Fire Station.
Annual Fire Services Operating Budget - The calendar year operating budget of Hamel
VFD. The Annual Fire Services Operating Budget incorporates all costs of operations
including, but not limited to, the costs of the on -going operation and maintenance of the
fire station, administrative expenses and annual contributions to the Hamel Volunteer Fire
Relief Association Retirement Fund.
City Fire Service Area - The area within a Contracted City provided fire protection by
Hamel VFD under this contract and shown in Exhibit A of this Agreement.
Contracted City(ies) —Any city which is a party to this Agreement for purposes of
apportioning costs of services. At the effective date hereof the Contracting City(ies) is
Medina.
Emergency Management Services - Functions that shall be performed by Hamel VFD as
identified in the respective emergency operations plan of each Contracted City on file with
the Hamel VFD.
1
Emergency Medical Services - Functions that shall be performed by Hamel VFD
directed at the provision of treatment to patients, including first aid, cardiopulmonary
resuscitation. First Responder and Basic Life Support prior to the arrival of Advanced
Life Support and/or transport to a hospital or other health care facility.
Fire Advisory Board — The Fire Advisory Board (hereinafter referred to as the "Advisory
Board") will be comprised of the Fire Chief of the Hamel VFD and the Public Safety Director
and other designated representative(s) of each Contracted City.
Fire Fighting Services - Functions that shall be performed by Hamel VFD directed at
rescue, fire suppression, property conservation or special operations involving individuals.
buildings or property that are involved in a fire or other emergency situation.
Fire Prevention Services - Functions that shall be performed by Hamel VFD directed at fire
cause investigation and determination, pre -fire planning and inspection, hazard identification
and elimination.. public education, and other activities with the goal of proactively improving
the safety of life and property.
Hazardous Materials Response Services - Functions that shall be performed by Hamel
VFD directed at the identification, isolation, mitigation and/or removal of hazardous
materials. A hazardous material is defined as any substance that presents an unusual
danger to persons due to properties of toxicity, chemical reactivity or decomposition,
corrosiveness, explosion or detonation, etiological hazards or similar properties.
Municipal Share - The portion of the Annual Fire Services Operating Budget that will be
funded by service fees paid by the Contracted Cities.ln no event will
the Municipal Share be reduced or minimized by the application of
donations, fund raising or any other source of funding undertaken or
„9,ovided by the Hamel VFD or any of its affiliates.
Rescue Services Functions t`ha"f shall be performedby Hamel VFD directed at locating
endangered persons at an emergency incident, removing those persons from danger,
treating the injured, and preparing for transport to an appropriate health care facility.
Total Fire Service Area - The sum of the City Fire Service Area for all of the Contracted
Cities.
2. Services to be Rendered
During the term of this Agreement, Hamel VFD shall furnish all the Fire Fighting
Services, Fire Prevention Services, Emergency Management Services, Rescue Services,
Emergency Medical Services, Hazardous Materials Response Services, necessary
building plan reviews and related fire protection services to the Contracted Cities for the
Total Fire Service Area outlined in red on the attached map marked Exhibit A
2
(hereinafter referred to as the " Total Fire Service Area"). All of said Total Fire Service
Area is located within the corporate limits of the Contracted Cities.
3. Level of Service
A. Hamel VFD shall endeavor to provide the services listed in Section 2 of this
Agreement, including, but not limited to, protecting and saving life and property
from destruction by fire in the City Fire Service Area of a Contracted City.
In the event of two or more fire calls received within the same time frame, Hamel
VFD shall respond to the call that involves a higher threat to life, safety and
property. if comparable calls are received within the same time frame, the call
first received shall have priority and the following calls shall be answered as soon
as possible. Hamel VFD will furnish sufficient staff to each call to safely, legally
and effectively operate all necessary vehicles and equipment and provide all
necessary services. Hamel VFD will arrange for fire service and protection
through mutual aid contracts as needed.
B. Mutual Aid - Hamel VFD shall respond to a fire service call in one of the districts
of a Contracted City if service is requested by a fire department having primary
responsibility in that portion of the Contracted City; provided that such service
shall be furnished as soon as reasonably possible, without jeopardizing Hamel
VFD's service to the Total Fire Service Area.
C. Hamel VFD shall regularly train all fire fighters in areas including, but not
limited to, modern firefighting techniques and methods, HAZMAT response,
and terrorism response which are applicable to the level of service required by this
contract for a Contracted City.
D. Desirable Performance and Service Measures
1. Hamel VFD shall have a minimum of four (4) fire fighters at each fire call.
2. Hamel VFD shall respond to each fire call within ten minutes of dispatch.
3. Health and Wellness (programs, selection, training)
a. Hamel VFD shall conduct SCBA fit testing on an annual basis, as required by
Occupational Safety and Health Administration (OSHA).
b. Hamel VFD shall require each fire fighter to receive a physical
examination every two years.
4. The following information shall be reported to the Advisory Board:
a. Quarterly Minimum Reporting:
i. Quarterly Calls
ii. Quarterly Complaints
iii. Quarterly Budget and Expenditures
b. Annual Minimum Reporting:
i. Statistics of all calls
ii. Pension Obligations, including annual reports
iii. Response times
iv. Fire Equipment Certification for State Fire Aid Payable
3
v. Community Involvement and Outreach
vi. Certification of Service Areas Protected (pertaining to Hamel Fire
Relief Association)
vii. Balance Sheet listing all Hamel VFD Assets and Liabilities
viii. Compliance against the "Minimum Position Qualifications" described
in Exhibit B of this Agreement for the current Hamel VFD roster.
5. Hamel VFD shall use National Fire Protection Association (NFPA) standards
as a reference regarding fire protection, fire prevention, public life safety
education, fire suppression, volunteer/professional qualifications, training,
professional clothing and equipment, apparatus, and hazardous materials.
6. Hamel VFD shall use National Fire Protection Association (NFPA) standards
as a reference regarding the ongoing maintenance, inspection and upkeep for
all equipment used in delivering the services listed in Section 2 of this
Agreement.
7. Hamel VFD shall comply with all OSHA rules and regulations.
8. Hamel VFD shall use an accounting style reasonably accepted by the
Contracted Cities.
9. Hamel VFD shall implement a process for the handling of
complaints related to the services listed in Section 2. The process
will follow the framework described in Exhibit C of this Agreement.
4. Command Responsibility
Subject to the terms of this Agreement, the Fire Chief of Hamel VFD or their designee shall
have the sole and exclusive right and responsibility to prescribe the manner and method of
giving the alarm for fire within the Total Fire Service Area and to prescribe the manner and
method of responding to calls and rendering the services contemplated. The said Fire Chief
or designee shall immediately upon arriving at the scene of any alarm or fire emergency
have the sole and exclusive responsibility and authority to direct and control any and all
firefighting and the emergency operations at such scene or scenes. The highest ranking
official, with the highest level of certification, shall have command responsibility for
medical emergencies.
5. Volunteer Fire Fighters of Hamel VFD
Personnel assigned to provide fire protection services in a Contracted City shall be
volunteer firefighters of Hamel VFD. Hamel VFD shall assume all obligations with regard
to Worker's Compensation, Fire Fighter's Relief Association, withholding tax, insurance,
etc. for said volunteer firefighters.
The cost of such obligations shall be a part of the costs attributed to the operation of
Hamel VFD and will be included in the Annual Fire Services Operating Budget package.
6. Insurance and Indemnification
Hamel VFD shall indemnify and hold harmless each Contracted City, their officers,
agents, representatives, and employees, from and against all damages, claims, losses,
costs or expenses including reasonable attorney fees, which may be asserted against a
4
Contracted City, or for which they may be held liable, arising from any act, omission, or
negligence of Hamel VFD, its agents, employees and firefighters while engaged in the
performance of services under this Agreement and as defined in Section 2. Hamel VFD
shall maintain liability insurance for these purposes in an amount no less than
$2,000,000.00 listing each Contracted City as a named insured. Hamel VFD shall
annually provide a certificate of insurance to each Contracted City. The cost of such
insurance shall be a part of the costs attributed to the operation of Hamel VFD and will
be included in the Annual F ire S ervi c es Operating Budget. Nothing in this contract
shall be construed as waiving the statutory liability limits of any city which is a party to
this Agreement.
7. Liability Insurance
Hamel VFD shall carry liability insurance in an amount not less than $2,000,000 listing
itself and each Contracted City as a named insured against any and all claims by Hamel
VFD firefighters for personal injury sustained while performing services under this
Agreement. The amount of the insurance coverage shall be reviewed annually and if
determined to be inadequate the amount of the coverage shall be adjusted accordingly.
Nothing in this contract shall be construed as waiving the statutory liability limits of any
city which is a party to this Agreement.
8. Hamel VFD Operational Responsibility
Hamel VFD shall be responsible for managing the operation of Hamel VFD, and for
managing the on -going operation and maintenance of the Hamel VFD Fire Station. This
includes carrying hazard insurance on the Fire Station and its contents. The costs related
to the operation of Hamel VFD, including the on -going operation and maintenance of
the Fire Station, shall be included in the Annual Fire Services Operating Budget.
9. Budget Package
Hamel VFD's annual operating expenditures shall be controlled through the Annual Fire
Services Operating Budget. This budget will become the official Annual Fire Services
Operating Budget upon ratification by the Contracted Cities. When the Annual Fire
Services Operating Budget is approved, the expenditures may not exceed the level set in
the budget without the approval of all parties to the contract except as provided in Section
13 and Section 15 of this Agreement. If during the term of this Agreement, a Contracted
City or Hamel VFD chooses not to approve a proposed Annual Fire Services Operating
Budget, the Annual Fire Service Operating Budget increase shall be limited to the average
of the most recently approved annual General Fund Expenditure Budget
increases of the Contracted Cities, until a new Annual Fire Services Operating Budget is
approved by the Contracted Cities and Hamel VFD.
The Annual Fire Services Capital Budget must be approved annually by the
Contracted Cities and Hamel VFD and is not subject to any automatic average
annual increase.
5
9.1 Budget Process
By June 1st of each year during which this Agreement remains in effect, Hamel VFD
shall provide an Annual Fire Services Operating Budget and an Annual Fire Services
Capital Budget covering the costs related to the provision of fire protection for the
next year. The budgets provided to the Contracted Cities must have been presented
to the Advisory Board prior to May 1st for discussion and review. Although it is
expected that the operating and capital budgets, which are provided to the
Contracted Cities by Hamel VFD, will have the consensus support of the Advisory
Board, that is not a requirement since each Contracted City has the opportunity
for final ratification or
10. Term of this Agreement
This Agreement covers the initial periot}—flaniiary 1, 20164 through December 31,
202015. A Contract Year covers the period January 1 through December 31 of a calendar
A
v.J�cw - . -
This Agreement will become effective upon ratification by the Contracted Cities and
shall be renewed automatically for successive 2-year terms unless terminated
pursuant to Section 20 of the Agreement.
11, Special Fire Funds
In order to facilitate the accounting and reporting of all fire funds associated with the
Annual Fire Services Operating Budget, the following will be used:
Special Equipment Fund - shall refer to monies set aside for the purpose of
acquiring new or refurbished equipment as needed by Hamel VFD to continue
to provide the desired level of service.
Special Reserve Fund - shall refer to monies set aside for the purpose of
emergency repairs and replacements of equipment and supplies required by
Hamel VFD to continue to provide the desired level of service.
The minimum value of the Special Reserve Fund shall be established at $100,000. This
amount will be reviewed annually and revised upward as determined necessary. In the
event the fund balance drops below the required minimum balance, an Annual Fire
Services Operating Budget line item shall be established to amortize the deficit.
12. Capital Expenditures
Capital expenditures include the acquisition, refurbishment and/or upgrade of
equipment and significant maintenance, repair, or rehabilitation to the fire station.
6
Equipment to be considered. Major Equipment include "rolling stock" and
significant equipment assets required for performing the fire department mission in the
Total Fire Service Area. To qualify as Major Equipment, such assets will typically
have an initial purchase value, or other costs, of at least $5,000. Station
maintenance, repair or rehabilitation considered as Major Maintenance
will have costs of at least $5,000.
Hamel VFD shall prepare a 10-year Major Equipment investment and replacement
plan, and a 10-year plan for Major Maintenance. These l 0-year plans will be the basis for
the preparation of an Annual Fire Services Capital Budget. Neither the approval nor lack
of disapproval of the 10-year plans by the Contracted Cities creates any obligation for
final approval or funding of any specific capital expenditure. The 10-year plans will be
reviewed and updated annually through the Annual Fire Services Capital Budget approval
process. The current 10-year plan will be described in Exhibit D of this Agreement.
During the annual budget process provided by Section 9 of this Agreement, Hamel VFD
will review the planned capital expenditures, including Major Equipment and Major
Maintenance, with the Advisory Board. Hamel VFD and the Advisory Board will negotiate
the acquisition method and ownership shares for each item. In addition, Hamel VFD and the
Advisory Board will agree on legal ownership (hereinafter referred to as Titling) for vehicles
acquired in accordance with the provisions of this Section 12. Without regard to acquisition
method, ownership allocation or Titling, Hamel VFD, in its reasonable discretion, will
determine the use, maintenance and upkeep for all equipment used in the provisioning of
services. Ongoing operational, maintenance, insurance and administrative costs associated
with Major Equipment and Major Maintenance will be incorporated into the Annual Fire
Services Operating Budget.
The final approval of capital expenditures is done in accordance with Section 9 of this
Agreement. When a Contracted City approves the Annual Fire Services Capital Budget,
it is also agreeing to pay its share of the cost of capital expenditures included in the Annual
Fire Services Capital Budget, up to the budgeted amount (hereinafter referred to as the
"Capital Share"). Hamel VFD shall pay any share of capital expenditures as negotiated
and determined available and necessary by the Fire Board. All plans and specifications for
major equipment or facilities shall be annually approved by the Contracted Cities
Payments for capital expenditure funding by the Contracted Cities to Hamel VFD will be
done in accordance with Section 17 of this Agreement.
Hamel VFD will place capital funding payments into the Special Equipment Fund. Utilization
of these funds will only be done in accordance with the Annual Fire Service Capital Budget.
Purchases funded through the Special Equipment Fund will adhere to considerations
consistent with the purchasing policies of the Contracted Cities as described in Exhibit E of
this Agreement.
7
Major Equipment and/or Major Maintenance funded in accordance with this section will be
listed in Exhibit F of this Agreement (hereinafter referred to as the "Asset Exhibit"). The
following information shall be recorded for each item:
i. Item Description
ii. Original Cost
iii. Purchase Date
iv. Ownership Shares/Allocation
12.1. Disposition of Assets Upon Termination
In the event that this Agreement is terminated as provided in Section 20 of this
Agreement:
1. For any asset on the Asset Exhibit (Major Asset) reflecting 100% ownership by a
single party, that party is entitled to take physical possession of that asset. For vehicles.
this includes receipt of a title indicating sole ownership by that party.
2. Hamel VFD has the right to purchase a Contracted City's ownership share of a Major
Asset for cash at the current market value pro-rata to the original amount funded by the
Contracted City, or based on the average historical allocation by all Contracted Cities.
Hamel VFD has up to thirty (30) days after the termination to exercise this right.
3. In the event Hamel VFD does not exercise its right to acquire full ownership of any
Major Asset, the Contracted City with the largest ownership share shall then have the
right to purchase full ownership of that Major Asset for cash at the current market value
pro-rata to the original amount funded by the other Contracted Cities and Hamel VFD.
The Contracted Cities have sixty (60) days after termination to exercise this right.
4. Any Major Asset not acquired 100% by a party through this process will be sold, and
the proceeds ofthe sale divided between the parties pro-rata to the ownership allocation
from the Asset Exhibit.
5. Any cash balance remaining in the Special Equipment Fund will be distributed to each
Contracted City pro-rata to the original amounts contributed.
All assets on the Asset Exhibit will be covered by this terminating procedure. Any
other physical assets in the possession of Hamel VFD which are not listed on the Asset
Exhibit will be considered the sole property of the Hamel VFD.
13. Un-Budgeted/Emergency Expenditures
Un-budgeted equipment repair, maintenance or replacement, building repair, supply
replacement or other emergency expenditures exceeding 2% of the Annual Fire Services
Operating Budget and having a potential negative impact on the operational capabilities
and/or safety of Hamel VFD will be accommodated through the Special Reserve Fund.
Notification of the use of the Special Reserve Fund will be provided to the Advisory
Board within 14 days, including a detailed explanation of the need. Any subsequent
reimbursement or refund associated with an un-budgeted or emergency expenditure
contemplated in this section will be credited back to the Special Reserve Fund.
8
14. Annual Audit of Actual Costs
The Contracted Cities understand and agree that it is impossible to project with complete
accuracy the actual costs of labor and equipment, as well as the service to be required by
the Contracted Cities, for the forthcoming contract year and thereby agree to a yearly
audit to adjust the prior year's estimated cost of service as set forth above to the actual
costs incurred by Hamel VFD. On or before April 30th of each year, Hamel VFD will
tabulate the actual cost of the fire department budget for the prior contract year and will
submit to the Contracted Cities a summary of the actual costs. The actual costs set forth
for the prior contract year may result in either a surplus or deficit with respect to that
year's Annual F ire S e r vices Operating Budget. The Advisory B o and shall
recommend allocation or financing of any surplus or deficit that exists at the end of the
fiscal year. It is expected that expenditures will remain within the Annual Operating
Budget amounts and will only exceed such budget amounts as provided in Section 13
and Section 15 of this Agreement.
The Contracted Cities reserve the right to request an independent audit of Hamel VFD,
at a cost to be funded by requesting Contracted City, provided the frequency is not more
than biennially.
15. Non -forecasted Expenditures
Notice of the need for a non -forecasted expenditure in the amount of $5,000 or more
shall be given in writing to the A d v i s or y B o a r d prior to actual expenditures for such
items. The Advisory Board shall thereafter have 21 days in which to approve or disapprove
the same in writing and if there is no response which disapproves the expenditure, it is
agreed that such proposed expenditures may be made and the cost thereof shall be
included in the Annual F i re S e r vices Operating Budget as if ratified originally.
16. Cost Sharing Formula
Each Contracted City will be responsible for a portion of the Municipal Share (hereinafter
referred to as the Budget Share). The Budget Share for the initial Contracted City shall be
100% of the Municipal Share.
At such time as there is more than one Contracted City, the sum of all Budget Shares shall be
100% of the Municipal Share. The determination of the Budget Share for each Contracted
City will be based upon a formula which will be agreed to by all parties.
17. Contract Payments
The Budget Share and the Capital Share of the Contracted Cities shall be paid in equal
quarterly installments on January 31, April 30, July 31 and October 31 of the next contract
year by the Contracted Cities to Hamel VFD. The invoices will contain details for both
elements of payment.
9
Budget)
The amounts payable by the Contracted City in 20164 are as follows:
Budget Share: $ 169/00202,215 (from the 20164 Annual Fire Services Operating
Capital Share: $ 60708970,000 (from the 201(4 Annual Fire Services Capital Budget)
Hamel VFD agrees to provide the Contracted Cities with reasonably detailed
information relating to the actual expenditures against the Annual Fire Services
Operating Budget upon request and on a quarterly basis and agrees to make pertinent
records available to the C on t r a c t e d C it i es for inspection for the purpose of
determining the basis for the allocation of costs to fire protection.
18. Arbitration
If a Contracted City is aggrieved by the determination of Hamel VFD as to the
allocation of the actual costs of the prior years' service, the Contracted City may
appeal said determination within 30 days after receipt of Hamel VFD's audit. Said appeal
shall be in writing and shall be addressed to Hamel VFD asking for arbitration by a board
of arbitration. The Board of Arbitration shall consist of three persons; one to be
appointed by Hamel VFD, one to be appointed by the appealing City, and the third to
be appointed by the two so selected. The name of each arbitrator shall be submitted in
writing to the other party. In the event that the two arbitrators so selected do not appoint
the third arbitrator within 15 days after receipt of written notice of appointment of either
of the first two arbitrators', the Chief Judge of the District Court of Hennepin County
shall have jurisdiction to appoint, upon application of any Contracted City, the third
arbitrator to the Board. The third arbitrator selected shall not be a resident of any
Contracted City; and shall be a city manager or administrator. The arbitrator's expenses,
not including counsel fees, incurred in the conduct of the arbitration, shall be divided
equally between the parties to the arbitration. Arbitration shall be conducted in
accordance with the Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes,
and any decision shall be rendered within 60 days of appointment of the third arbitrator.
Said arbitration shall be binding on both parties.
19, Fire Advisory Board Role
The Fire Advisory Board shall meet no less than two times per year, with regular
meetings scheduled in March and July for the purpose of reviewing operational
performances, setting goals and providing strategic planning. Any Contracted City or
Hamel VFD may call meetings in addition to the regular meetings. This group shall
discuss and make recommendations regarding concerns or problems identified regarding
the provision of fire service, and to periodically review budget updates. The Fire
Advisory Board shall have the specific task of reviewing Hamel VFD's operating and
capital budget proposals for the next calendar year and arriving at a consensus annual
Fire Services Operating Budget and Fire Services Capital Budget according to the
timeframes established in Section 9.1 of this Agreement. Advisory Board members are
responsible for presenting securing the approval of the operating and capital budgets
10
i
to the City Council of from their respective Contracted City f,ft-. The Advisory
Board shall receive a complete copy of the Hamel Fire Relief Association's Pension Plan
Audit as filed with the State Auditor, verifying that the pension fund's integrity is being
maintained.
20. Termination of this Agreement
This Agreement shall be terminable only as follows:
1. For convenience, any party may choose to terminate this Agreement for any reason
provided that such termination is preceded by a minimum of a one (1) year written
notice. In no event shall a party Contracted City issue a termination notice earlier
than December 31, 20124.—
2. For cause, if a party��eir obligations under tins Agreement in a material
respect and the breach is not substantially cured within a ninety (90) day cure period
which begins when written notice is served.
3. By mutual written agreement of the Contracted Cities and Hamel VFD who are
covered by this Agreement.
21. Provision to adjust City Fire Service Area
During the term of this Agreement, a Contracted City may request that its City Fire Service
Area be reduced or increased in size. Such a request of less than five percent of the City
Fire Service Area must be made in writing prior to May 1 of the Contract Year to allow time
for preparing the Annual Fire Services Operating Budget for the succeeding Contract Year.
In the event that a Contracted City proposes an increase of more than five percent to its City
Fire Service Area. Hamel VFD shall have the right to limit the increase to assure that
coverage at the service level provided under this Agreement can be achieved by the
Department. Such a request of more than five percent must be made one year prior to the
desired effective date of the change. The service area shall not be increased to the extent that
it requires the purchase of additional equipment unless all parties to the contract agree. In
the event that a Contracted City wishes to decrease and/or alter the location by less than five
percent of its City Fire Service Area it may do so by specifying those changes in writing by
May 1 of the year prior to the Contract Year in which such change is to be effective. In
the event that a Contracted City wishes to decrease and/or alter the location by more than
five percent of its City Fire Service Area, it may do so by specifying those changes in
writing 3 months prior to the desired effective date of the change.
22. New Contracted Cities
LTheContracted Cities and Hamel VFD will negotiate in good faith to add a new Contracted
as a party to this Agreement. Addition of a new Contracted City to this Agreement
ires approval from each Contracted City Council of each currently Contracted City,
h will not be unreasonably withheld.
11
The Budget Share and a cost sharing formula will also be mutually agreed to by all parties.
In addition, the parties will undertake actions to ensure that capital contributions made by
a Contracted City prior to this event are considered when determining the capital
contribution/outlay amount required by the new Contracted City to become parry to this
Agreement.
Contracted City.
23. Legal Compliance
This Agreement is governed by the laws of Minnesota. All parties to this Agreement
shall comply with all applicable statutory requirements.
This Contract replaces any existing contracts and agreements between the parties and is approved
by the Contracted Cities and Hamel Volunteer Fire Department on the date first written above.
CITY OF MEDINA
MAYOR CITY ADMINISTRATOR -CLERK
HAMEL VOLUNTEER FIRE DEPARTMENT
FIRE CHIEF ASSISTANT FIRE CHIEF
12
MEMORANDUM
TO: Mayor Bob Mitchell
FROM: Scott Johnson, City Administrator and Chief Ed Belland
DATE: February 3, 2016 and Revised February 9, 2016
SUBJ: 2016 Fire Information Requested
1. Do we have the 2015 Annual Reports from all the other departments? No, they will not
be completed until March. We have the Hamel Annual Report.
2. 2016 department budgets? (Total Budget = Operations and Capital)
Department 2016 Total Budget Medina's Allocations
Hamel $303,215 $272,215
Loretto $471,916 $102,579
Long Lake $592,770 $53,722
Maple Plain $380,881 $5,342
3. Have Erin Barnhart update the fire department comparisons. See Attached
4. Get actual training calendars for all departments. See below training hours comparisons.
Hamel's Hours (2015)
Loretto Hours (2015)
Long Lake Hours (2015)
emergency
1994 Training
1704 Training
2145 Incidents
2774 Incidents
2078 Non -emergency
2016 Non -emergency
2610 Training 6232 Incidents (Not Tracked) Non -
Maple Plain Hours (2015) 2008 Training 3288 Fire- Fighter Hours (2014)
(Maple Plains incidents and non -emergency are combined.)
How do they compare to the other departments? They are very similar in hours when
compared with the number of fire fighters per department. (Disclaimer — these are the latest
numbers we have. Changes could occur when the 2015 fire annual reports are complete.)
5. Does Hamel spend a lot of time fund raising? This would have to do with the Non -
emergency time and it appears to be very similar to other departments.
6. Do the other three departments have more fire fighters?
Hamel 27
Loretto 30
Long Lake 41
Maple Plain 30
7. Why did Wolfe and the other four fire fighters leave Hamel? Wolfe hasn't left yet, not
sure on the others.
8. How do capital budgets compare for all four departments'?
All the departments' capital budgets are very similar. They all have 10 year capital plans.
Hamel has a set amount each year to use for capital that is adjusted during the budget
process.
Loretto's capital numbers are included in their contract cost allocations for all their cities.
Long Lake has a funding plan that the cities have agreed to set aside funds each year to
fund their capital according to the plan.
Maple Plain capital is built into their budget. Medina does not contribute to their capital
specifically.
9. Location of ladder trucks near Hamel and Northeast Medina. Maple Grove, Plymouth,
Wayzata, Rogers
10. Is Hamel part of Lexipol with Long Lake, Maple Plain and Loretto? Yes, all four fire
departments are members and are paid up to date.
11. May a fire department not respond to a call for "mutual aid"? No, all fire departments are
obligated to respond to a mutual aid call at any time. Attached are the Hennepin County
Fire Mutual Aid Agreement and the State Statute.
12. Has Hamel reached out to neighboring fire departments? Yes, Hamel is in contact with
Plymouth and Wayzata. They are exploring opportunities for closer cooperation in 2016.
13. Include written summaries from Ray McCoy supporting the Hamel Fire Department. See
Attached (Index 1 — Document 32 and Index 1 — Document 34)
2
FIRE CONTRACT DETAIL
OPERATING 2013 2014 2015 Proposed 2016
Hamel $ 144,417.00 53.39% $ 169,400.00 60.04 % $ 195,115.00 63.76 % $ 202,215.00 64.61 %
Loretto $ 96,536.99 35.69% $ 83,266.00 29.51% $ 80,575.16 26.33% $ 79,978.87 25.56%
Long Lake $ 24,420.00 9.03% $ 24,220.00 8.58% $ 24,977.00 8.16% $ 25,263.00 8.07%
Maple Plain $ 5,135.00 1.90% $ 5,238.30 1.86% $ 5,342.00 1.75% $ 5,502.26 1.76%
$ 270,508.99 $ 282,124.30 $ 306,009.16 $ 312,959.13
CAPITAL'
Hamel $ 0.00 % $ 60,000.00 71.57 % $ 60,000.00 71.43 % $
Loretto $ 0.00% $ 17,839.00 21.28% $ 18,000.00 21.43% $
Long Lake $ 0.00% $ 6,000.00 7.16% $ 6,000.00 7.14% $
Maple Plain $ 0.00% $ 0.00% $ 0.00% $
$ - $ 83,839.00 $ 84,000.00 $
70,000.00
22,600.50
28,459.00
121,059.50
57.82 %
18.67%
23.51 %
0.00%
TOTAL CONTRACT
Hamel $ 144,417.00 53.39% $ 229,400.00 62.68% $ 255,115.00 65.41% $ 272,215.00 62.72%
Loretto $ 96,536.99 35.69 % $ 101,105.00 27.63 % $ 98,575.16 25.28 % $ 102,579.37 23.63
Long Lake $ 24,420.00 9.03% $ 30,220.00 8.26% $ 30,977.00 7.94% $ 53,722.00 12.38%
Maple Plain $ 5,135.00 1.90% $ 5,238.30 1.43% $ 5,342.00 1.37% $ 5,50226 1.27%
$ 270,508.99 $ 365,963.30 $ 390,009.16 $ 434,018:63
MARKET VALUE2
Hamel
Loretto
Long Lake
Maple Plain
CALLS3
Hamel
Loretto
Long Lake
Maple Plain
CONSUMER PRICE INDEX
(CPI-U)4 (June -June)
i
2013
862,139,500 70.55%
191,292,800 15.65 %
158,603,000 12.98%
9,977,600 0.82%
1,222,012,900
2013
126 64.95 %
48 24.74%
17 8.76%
3 1.55%
194
i
i
Analytics by Function
2014
898,302,000 72.17%
192,634,000 15.48%
143,825,400 11.56%
9,866,100 0.79 %
1,244,627,500
i
2015 Proposed 2016
998,102,800 73.25% 1,091,236,400 74.32%
199,230,100 14.62 % 201,880,400 13.75 %
151,783,800 11.14% 160,510,500 10.93%
13,522,300 0.99% 14,678,000 1.00%
1,362,639,000 1,468,305,300
2014 2015
166 68.31 % 155 68.28%
55 22.63 % 52 22.91 %
17 7.00 % 17 7.49%
5 2.06 % 3 1.32%
243 227
Proposed 2016
2013 2014 2015 Proposed 2016
1st Half 2012 223.88 1st Half 2013 228.473 1st Half 2014 231.764 1st Half 2015
1st Half 2013 228.473 1st Half 2014 231.764 1st Half 2015 229.374 1st Half 2016
% Change from
Prior Year
2.05%
% Change from
Prior Year
% Change from % Change from
1.44 % Prior Year -1.03% Prior Year
'2013 Capital was combined with operating budget.
2 Market Values are based on prior year valuations. Pertains to Hamel, Loretto & Long Lake contracts.
3 Call numbers come from prior year actuals. Pertains to Hamel, Loretto & Long Lake contracts.
4Consumer Price Index from US Dept of Labor, Minn / St Paul, All Urban Cunsumers (CPI-U), June to June. Base Year 1982-1984 = 100. Pertains to Maple Plain
Fire Contract.
Data reviewed by Mayor Mitchell, Administrator Johnson, Finance Director Barnhart and Financial Consultant Joe Rigdon. Revised 2/4/2016
POPULATION°
Analytics by Function
2013 2014 2015 Proposed 2016
Hamel 3,857 71.60% 4,280 73.41% 4,507 74.09% 4,814 74.87%
Loretto 792 14.70 % 800 13.72 % 811 13.33 % 826 12.84%
Long Lake 643 11.94% 651 11.17% 662 10.88% 683 10.62%
Maple Plain 95 1.76 % 99 1.70 % 103 1.69 % 107 1.66
5,387 5,830 6,083 6,430
HOUSEHOLDS5 2013 2014 2015 Proposed 2016
Hamel 1,344 71.60% 1,533 74.09%� 1,621 74.87%
Loretto 276 14.70% 276 13.34 % 278 12.84
Long Lake 224 11.93% 225 10.87 % 230 10.62%
Maple Plain 33 1.76% 35 1.69 % 36 1.66
1,877 2,069 2,165
PER CAPITA6 2013 2014 2015 Proposed 2016
Hamel $ 37 14.90 % $ 40 16.93 % $ 43 18.64 % $ 42 18.48%
Loretto $ 122 48.49% $ 104 44.52% $ 99 42.78% $ 97 42.61
Long Lake $ 38 15.11 % $ 37 15.91 % $ 38 16.25 % $ 37 16.27 %
Maple Plain $ 54 21.50% $ 53 22.63% $ 52 22.33% $ 51 22.64%
$ 251 234 $ 232 227
PARCELS 2013 2014 2015 Proposed 2016
Hamel 1,952 70.22%
Loretto 476 17.12°k
Long Lake 280 10.07
Maple Plain 72 2.59%
2,780 0 0 0
BUILDING PERMITS ISSUED 2013 2014 2015 Proposed 2016
# Value # Value # Value # Value
Single Family 144 $59,476,122 82 $35,179,120 76 $26,473,596
Multi Family 1 $800,000 1 $500,000 1 $956,000
Commercial/Indistrial 0 0 0
145 $60,276,122 83 $35,679,120 77 $27,429,596 0
MEDINA COST OF LIVING
ADJUSTMENT(COLA)8 2013 2014 2015 Proposed 2016
2.00
SOCIAL SECURITY COST OF
LIVING ADJUSTMENT (CPI-
W)9 (Sept -Sept)
I
1.50%1
2013
1.70%1
I
2.00%1
2014
I
1.50%I
2.00%1
2015
1.70
Proposed 2016
0.00
4 Population is mathmatically estimated by district.
5 Households are mathmatically estimated by district.
6 Per Capita is calculated by contract amount and population. Medina fire contracts are not based on per capita figures because
doing so would over compensate several of the departments if based solely on population, rather than compensating by actual
services rendered. For example, Loretto would be undercompensated based on the actual number of calls (52) they responded to
in 2015 because Maple Plain would be overcompensated based on the number of actual calls (3) in 2015. To use per capita as a
means of setting a contract amount there would need to be a valid benchmark to measure against and The City also wants all
properties regardless of size or population to have adequate fire services. The City is confident in our current practice of
determining contracts based on analytics of market value, calls and Consumer Price Index and do not see using per capita as a
best practice in contract determination.
Parcels are mathmatically estimated by district
8 Medina Annual COLA (determined by MN Cities comparison - information compiled by League of MN Cities).
9 Social Security Annual COLA (determined by Consumer Price Index (CPI-W) Sept. of prior year to Sept. of current year). 1982-1984=100.
Data reviewed by Mayor Mitchell, Administrator Johnson, Finance Director Barnhart and Financial Consultant Joe Rigdon. Revised 2/4/2016
RESOLUTION NO.
RESOLUTION APPROVING THE AGREEMENT FOR JOINT
AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT
WHEREAS, the City of is a member of the Hennepin
County Chiefs Association; and
WHEREAS, the Association has adopted an agreement for joint and cooperative
use of fire personnel and equipment; and
WHEREAS, THE City of believes the effectiveness of
fire protection within the City is improved by adopting this agreement;
NOW, THEREFORE, BE IT RESOLVED by the City
Council that the Mayor and City Manager are hereby authorized to execute the Hennepin
County Chiefs Association Joint Cooperative Agreement for Use of Fire Personnel and
Equipment, as exhibit A attached, on behalf of the City of as a
participating member.
Adopted by the City Council December , 2003.
Resolution:
Reviewed for Administration Adopted by the City Council
City Manager
Attest:
City Clerk
Mayor
JOINT COOPERATIVE AGREEMENT FOR USE OF
FIRE PERSONNEL AND EQUIPMENT
HENNEPIN COUNTY CHIEFS ASSOCIATION
August 14, 2003
I. Purpose
This agreement is made pursuant to Minnesota Statutes 471.59 which authorizes the joint
and cooperative exercise of powers common to contracting parties. The intent of this
agreement is to make equipment, personnel and other resources available to political
subdivisions from other political subdivisions.
II. Definitions
"Party" means a political subdivision.
"Requesting Official" means the person designated by a Party who is responsible
for requesting Assistance from other Parties.
"Requesting Party" means a party that requests assistance from other parties.
"Responding Official" means the person designated by a party who is responsible to
determine whether and to what extent that party should provide assistance to a
Requesting
"Responding Party" means a party that provides assistance to a Requesting Party.
"Assistance" means, fire and/or emergency medical services personnel and/or
equipment.
"Specialized Activities" means non -emergency Assistance to include but not be
limited to: fire investigators, fire inspectors, fire educators, fire instructors, training
personnel and associated equipment and facilities.
III. PARTIES
The parties of this agreement shall consist of the Active and Affiliate members of the
Hennepin County Chiefs Association. Upon the adoption of a resolution by its governing
body, an executed copy of this Agreement shall be forwarded by the member party to the
Secretary of the Hennepin County Chiefs Association together with a certified copy of
the resolution authorizing the agreement. The Secretary of the Hennepin County Chiefs
Association shall maintain a current list of the parties to this Agreement and, whenever
there is a change in the parties of this Agreement, shall notify the designated responding
official of each party of such change.
Page 1 of 4
IV. Procedure
Subd. 1. Request for assistance.
Whenever, in the opinion of a Requesting Official, there is a need for assistance from
other parties, the Requesting Official may call upon the Responding Official of any other
party to furnish assistance. Specialized activities of a non -emergency nature may be
requested and/or provided by the Parties of this Agreement
Subd. 2. Response to request.
Upon the request for assistance from a Requesting Party, the Responding Official may
authorize and direct his/her party's personnel to provide assistance to the Requesting
Party. This decision will be made after considering the needs of the responding party and
the availability of resources.
Subd. 3. Recall of Assistance.
The Responding Official may at any time recall such assistance when in his or her best
judgment or by an order from the governing body of the Responding Party, it is
considered to be in the best interests of the Responding Party to do so.
Subd. 4. Command of Scene.
The Requesting Party shall be in command of the mutual aid scene. All mutual aid
operations will be carried out according to the Minnesota Incident Management System
(MIMS). The personnel and equipment of the Responding Party shall be under the
direction and control of the Requesting Party until the Responding Official withdraws
assistance.
V. Workers' compensation
Each party shall be responsible for injuries or death of its own personnel. Each party will
maintain workers' compensation insurance or self-insurance coverage, covering its own
personnel while they are providing assistance pursuant to this agreement. Each party
waives the right to sue any other party for any workers' compensation benefits paid to its
own employee or volunteer or their dependants, even if the injuries were caused wholly
or partially by the negligence of any other party or its officers, employees, or volunteers.
VI. Damage to equipment
Each party shall be responsible for damages to or loss of its own equipment. Each party
waives the right to sue any other party for any damages to or loss of its equipment, even
if the damages or losses were caused wholly or partially by the negligence of any other
party or its officers, employees, or volunteers.
Page 2 of 4
VII. Liability
Subd. 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat.
466), the employees and officers of the Responding Party are deemed to be employees
(as defined in Minn. Stat. 466.01, subdivision 6) of the Requesting Party.
Subd. 2. The Requesting Party agrees to defend and indemnify the Responding Party
against any claims brought or actions filed against the Responding Party or any officer,
employee, or volunteer of the Responding Party for injury to, death of, or damage to the
property of any third person or persons, arising from the performance and provision of
assistance in responding to a request for assistance by the Requesting Party pursuant to
this agreement.
Under no circumstances, however, shall a party be required to pay on behalf of itself and
other parties, any amounts in excess of the limits on liability established in Minnesota
Statutes Chapter 466 applicable to any one party. The limits of liability for some or all of
the parties may not be added together to determine the maximum amount of liability for
any party.
The intent of this subdivision is to impose on each Requesting Party a limited duty to
defend and indemnify a Responding Party for claims arising within the Requesting
Party's jurisdiction subject to the limits of liability under Minnesota Statutes Chapter 466.
The purpose of creating this duty to defend and indemnify is to simplify the defense of
claims by eliminating conflicts among defendants, and to permit liability claims against
multiple defendants from a single occurrence to be defended by a single attorney.
Subd. 3. No party to this agreement nor any officer of any Party shall be liable to any
other Party or to any other person for failure of any party to furnish assistance to any
other party, or for recalling assistance, both as described in this agreement.
VIII. Charges to the Requesting Party
Subd. 1. A Responding Party to this agreement will levy no charges for assistance
rendered to a Requesting Party under the terms of this agreement unless that assistance
continues for a period of more than eight (8) hours. The Requesting Party shall
regardless to the length of time of the assistance, reimburse the Responding Party for
supplies used. If assistance provided under this agreement continues for more than eight
(8) hours, the Responding Party will submit to the Requesting Party an itemized bill for
the actual cost of any assistance provided after the initial eight (8) hour period, including
salaries, overtime, materials and supplies and other necessary expenses; and the
Requesting Party will reimburse the party providing the assistance for that amount.
Subd. 2. Such charges are not contingent upon the availability of federal or state
government
funds.
Page 3 of 4
IX. Duration
This agreement will be in force from the date of execution and notification of the
Secretary of the Hennepin County Chiefs Association. Any parry may withdraw from this
agreement upon thirty (30) days written notice to the other party or parties to the
agreement.
X. Execution
Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the
date indicated.
Date Entity
By
Title
Date Entity
By
Title
Page 4 of 4
12.27 MUTUAL AID, ARRANGEMENTS.
Subdivision l .Authority; organizations in Minnesota.
The director of each local organization for emergency
management may, in collaboration with other public and private
agencies within this state, develop or cause to be developed
mutual aid arrangements for reciprocal emergency management
aid and assistance in an emergency or disaster too great to be dealt
with unassisted. These arrangements must be consistent with the
local emergency operations plan and, in time of emergency, each
local organization for emergency management and its members
shall render assistance in accordance with the provisions of the
mutual aid arrangements.
Subd. 2.Authority, organizations in other states.
The state director or the director of each local organization for
emergency management may, subject to the approval of the
governor, enter into mutual aid arrangements with emergency
management agencies or organizations in other states for
reciprocal emergency management aid and assistance in case of
disaster too great to be dealt with unassisted.
Subd. 2a.Authority; organizations in Canadian provinces
Subject to the approval of the governor, the state director may
enter into mutual aid agreements with emergency management
agencies or organizations in Canadian provinces for reciprocal
emergency management aid and assistance in case of disaster too
great to be dealt with unassisted.
Subd. 3.Local delegation of authority.
(a) No later than 90 days after August 1, 1996, the governing
body of a political subdivision shall designate a city administrator
or manager, public safety director, police chief, fire chief, public
works director, or other officer who, exercising discretion and
considering the needs of the political subdivision and its
inhabitants, may dispatch equipment and personnel as considered
necessary if a danger of fire, hazard, casualty, or another similar
occurrence exists outside the political subdivision and by its
suddenness it would be impractical for the governing body itself
to authorize the dispatch of equipment and personnel to combat
that emergency or disaster.
(b) Action under this subdivision is an act of the political subdivision. All provisions for
compensation of personnel, rental of equipment, liability insurance coverage, workers'
compensation insurance, and other matters pertaining to the political subdivision, its equipment,
and personnel, apply in each case as if specifically authorized and directed.
(c) The officer shall end the use of equipment and personnel when the need no longer exists or
earlier at the officer's discretion if it appears to be in the best interest of the political subdivision.
Subd. 4.Providing assistance to another state.
At the request of another state, the governor, exercising
discretion and considering the needs of this state and its
inhabitants, may dispatch state equipment and personnel as
deemed necessary if there is an emergency or disaster outside of
this state.
The governor shall end the use of equipment and personnel when the need no longer exists or
earlier at the governor's discretion if it appears to be in the best interest of the state.
Hamel Volunteer Fire Depart.
MN Ch. 317A Non-profit corporation
Date Medina's contract with Hamel is dated 12-20-13
Term The initial term is 2 years from 1-1-14 to 12-31-15
Renewal The term is automatically renewed for successive 2 year terms.
Termination w/o Cause
Either party may give a 1 year or more advance written notice of termination.
No such notice was given on or before 12-31-14, so the contract is renewed for 2
years from 1-1-15 to 12-31-16. Within the 2015 to 2016 term, either party may
still terminate on 1 year's advance written notice.
Termination w/ Cause
The contract may be terminated for cause.
Budget By June 1st, the Hamel Volunteer Fire Dept. gives Medina: 1) An operating budget
for the next year; 2) A capital budget for the next year. Medina Council ratifies
"the budgets proposed."
Recent Budgets
For 2014: $169,400 Capital $60,000
For 2015: $196,115 Capital: $60,000
For 2016: $202,215 Capital: $70,000
If costs shared 50% allocated to market valuation
50% allocated to call hours spent in fire service area
Budget History w/Corcoran:
For 2011: Corcoran: $41,722.08
Medina: $132,931.92
For 2012: Corcoran: $47,647.07
Medina: $135,739.63
For 2013: Corcoran: $49,421.79
Medina: $143,134.25
Loretto Volunteer Fire Depart.
MN Ch. 317A Non-profit Corporation
Date Medina's contract with Loretto is dated 1-1-13
Term The initial term is 3 years from 1-1-13 to 12-31-15
Renewal The term is automatically renewed for successive 3 year terms.
Termination w/o Cause
Either party may give a 1 year or more advance written notice of termination.
No such notice was given on or before 12-31-14, so the contract is renewed for 3
years from 1-1-15 to 12-31-17. Within the 2015 to 2017 term, either party may
still terminate on 1 year's advance written notice.
Termination w/ Cause
The contract may be terminated for cause at least (90) days prior to date of
termination.
Budget The cost of Contracted Services to the Cities shall be determined by formula for
each calendar year during the term of the Agreement, using the Cost Allocation
Data described in Exhibit D of the contract. Estimated market value of all
properties that are not tax-exempt within the Fire Service Area will determine
50% of the cost, and average usage of Contracted Services over the three (3)
most recent calendar years will determine 50% of the cost allocated to each
Contracting City. The source of estimated market value shall be amounts
compiled by the office of the Hennepin County Assessor and provided to the
Department by the Contracting Cities prior to July 1 of each year during the term
of this Agreement and any extended or renewal term.
Recent Budgets
For 2013: $96,537 (includes Capital)
For 2014: $83,266 Capital $17,839
For 2015: $80,575 Capital $18,000
For 2016: $79,978.87 Capital $22,600.50
Maple Plain Fire Depart.
City Department
Date Medina's contract with Maple Plain is dated 10-15-13
Term The initial term is 2 years from 1-1-14 to 12-31-15
Renewal The term is automatically renewed for successive 2 year terms.
Termination w/o Cause
Medina or Maple Plain may choose to terminate its participation in the
Agreement provided that such termination be effective on January 1 of the
subsequent year preceded by a minimum six-month written notice.
Termination w/ Cause
Immediate termination may occur for breach of contract following written
notice.
Budget The base compensation for the budget is an annual amount equal to the
previous year's Base Compensation plus the year's annual Consumer Price Index
(CPI) percent increase for the Minneapolis -St. Paul Metro area as published by
the U.S. Department of Labor Bureau of Labor Statistics, but not less than a 2%
increase and not to exceed a 5% increase. Plus, an hourly rate equal to $125.00
for each call hour serviced in Medina by Maple Plain which exceeds 100 call
hours in each calendar year.
Recent Budgets
For 2013: $5,135
For 2014: $5,238
For 2015: $5,342
For 2016: $5,502
Long Lake Fire Depart.
City Department
Date Medina's contract with Long Lake is dated 10-15-02
Term The initial term is 20 years from 1-1-02 to 12-31-20
Renewal The term is automatically renewed for successive 5 year terms.
Termination w/o Cause
For breach of contract. By mutual agreement of all cities covered by the
agreement. City of Medina may terminate its participation in this Agreement
without cause, subject to providing a twenty-four month notice of termination.
This agreement may be renegotiated or terminated by the cities to enable
participation in a fire district or similar organizational arrangement.
Termination w/ Cause
For "Good Cause" by any city that desires to terminate its participation in the
Agreement provided that such termination is preceded by a minimum of 36
months notice. "Good Cause" shall mean, but is not limited to, a pattern of
inadequate service quality; including inadequate response to call, inadequate
training, and inadequate handling of calls; and/or a pattern of budget overruns.
Budget Each of the Contracting Cities receiving fire services from the Long Lake Fire
Department shall pay a share of the costs of the Annual Fire Services Operating
and Capital Budgets. The City's Budget Share will be based upon a formula,
which takes into account the Market Value of the protected property and the
fire department staff resources utilized to protect the property. The objective is
to fairly allocate "insurance" type costs and "effort and variable" type costs. The
Contracting Cities have agreed that 70% of the share allocation will be based
upon Market Value and 30% upon fire departments hours expended on calls to
the City Fire Service Area.
Recent Budgets
For 2013: $24,420
For 2014: $24,220 Capital: $5,248
For 2015: $24,977 Capital: $6,000
For 2016: $25,263 Capital $7,000
Fire Information Index 1— Fire Consolidation Discussion
Document 1 Medina City Council Special Meeting Minutes of April 7, 2015
Document 2 Fire Facilitator Agreement Letter with Ray McCoy of April 13, 2015
Document 3 Update E-mail from Ray McCoy dated May 4, 2015
Document 4 Update E-mail from Ray McCoy dated May 8, 2015
Document 5 Memo from Ray McCoy dated May 13, 2015 Regarding Hamel and Loretto
Document 6 E-mail from Scott Johnson dated June 9, 2015 on meeting with Ray McCoy
Document 7 Medina City Council Special Meeting Minutes of June 16, 2015 and Loretto Auto
Aid information
Document 8 E-mail from Scott Johnson to Chief Leuer dated June 16, 2015 on Auto Aid
Document 9 E-mail from Chief Leuer to Scott Johnson dated June 17, 2015 on Auto Aid
Document 10 E-mail from Scott Johnson to Chief Leuer dated June 17, 2015 on Auto Aid and
notes on phone conversation
Document 11 E-mail from Scott Johnson to Ray McCoy dated June 17, 2015 on Consolidation
Update
Document 12 E-mail from Sgt. Nelson to Scott Johnson dated June 17, 2015 on Auto Aid
Document 13 June 18, 2015 Phone Conversation with Chief Jeff Leuer
Document 14 E-mail from Scott Johnson to Ray McCoy dated June 18, 2015 on Consolidation
Meeting Request
Document 15 E-mail from Scott Johnson on June 18, 2015 requesting a Consolidation Meeting
on June 23, 2015
Document 16 June 19, 2015 Phone Conversation with Chief Richard Kline
Document 17 June 19, 2015 Phone Conversation with Chief James Van Eyll
Document 18 E-mail from Scott Johnson on June 19, 2015 confirming a Consolidation Meeting
on June 23, 2015
Document 19 Updated Tanker Groups and Box Alarms from Chief Leuer
Document 20 E-mail from Scott Johnson to the City Council providing an update on the June
23, 2015 Fire Consolidation Meeting
Document 21
Document 22
Document 23
Document 24
Document 25
Document 26
Document 27
Document 28
Document 29
Document 30
Document 31
Document 32
Document 33
Document 34
Document 35
Document 36
E-mail from Ray McCoy to Scott Johnson dated July 1, 2015 providing an update
on consolidation discussions and responses to Mayor Mitchell's questions
E-mail from Bob Mitchell to Scott Johnson dated July 1, 2015 on the questions
and answers on auto aid
E-mail from Scott Johnson to Ray McCoy dated July 1, 2015 on the questions
and answers on auto aid
Memo dated July 1, 2015 to the City Council from Ray McCoy on the Loretto Fire
Department Auto Aid Change
E-mail from Ray McCoy to Scott Johnson dated July 2, 2015 providing an update
on the Loretto Fire Department Q and A
E-mail from Ray McCoy to Scott Johnson dated July 21, 2015 confirming he
would address utilization of Blue Card Training v. NIMS
September 15, 2015 Invoice from Ray McCoy
E-mail from Chief Leuer in response to Scott Johnson dated September 29, 2015
E-mail from Chief Van EyII in response to Scott Johnson dated September 29,
2015
E-mail from Chief Eisinger in response to Scott Johnson dated September 29,
2015
E-mail from Ray McCoy to Scott Johnson dated October 2, 2015 recap of
meeting on September 25, 2015 with Chief Ruchti and Chief Leuer
Memo from Ray McCoy dated October 3, 2015 on the meeting on September
25, 2015 with Chief Ruchti and Chief Leuer
E-mail from Ray McCoy to Scott Johnson dated October 5, 2015 with attached
October 5, 2015 memo on Chiefs's Communication dated September 29, 2015
E-mail from Ray McCoy to Scott Johnson dated October 5, 2015 with responses
to follow-up questions
E-mail from Ray McCoy to Scott Johnson dated October 7, 2015 with update on
conversation with Chief Ruchti and Chief Leuer
E-mail from Ray McCoy to Scott Johnson dated October 8, 2015 with attached
exit memo
Document 37 E-mail from Ray McCoy to Scott Johnson dated October 8, 2015 with follow up
response to Mayor Mitchell
Document 38
Document 39
Document 40
Document 41
Document 42
Document 43
E-mail from Ray McCoy to Scott Johnson dated October 20, 2015 with an update
on the discussions regarding the e-mail dated September 29, 2015 from the Fire
Chiefs' (documents 28, 29, and 30)
E-mail from Ray McCoy to Scott Johnson dated October 29, 2015 with an
attached memo covering the October 26, 2015 meeting with the Fire Chiefs
Letter dated October 30, 2015 supporting the Shared Fire and Rescue Services
Study
Letter dated November 5, 2015 from Kelly & Lemmons, P.A. (on behalf of the
Hamel Fire Department) to Chief Van Eyll, Chief Leuer, and Chief Eisinger
Memo to the File from Scott Johnson covering discussions from November 9,
2015 to November 12, 2015
Final invoice from Ray McCoy dated November 13, 2015
MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF
APRIL 7.2015
The City Council of Medina, Minnesota met in special session on April 7, 2015 at 5:00
p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN.
I. Call to Order
Members present: Mitchell, Anderson, Cousineau, Martin, Pederson
Members absent:
Also present: City Attorney Ron Batty, City Administrator Scott Johnson, City
Planner Dusty Finke, Public Works Director Steve Scherer, Randy Anhorn Hennepin
County Environmental Services, Pioneer Sarah Watershed Commissioner Elizabeth Weir,
and Public Safety Director Ed Belland.
II. Fire Contract Discussion
Mayor Mitchell thanked the Hamel and Loretto Fire Departments for their tremendous
response to the fatal accident at the Highway 55/Mohawk Drive intersection the evening
of April 6, 2015. Hamel Fire Chief Jeff Ruchti informed the Medina City Council that
his fire department is open to discussions with the Loretto Fire Department regarding
consolidation to provide better service and unite the departments. Loretto Fire Chief Jeff
Leuer agreed with Chief Ruchti and will meet with the Hamel Fire Department to discuss
consolidation. The City Council endorsed the discussions between the two fire
departments. Mayor Mitchell also informed the City Council that a facilitator would be
needed to lead the discussions.
III. Pioneer Sarah Watershed Discussion
Staff, Pioneer Watershed Commissioner Elizabeth Weir, and Randy Anhorn from
Hennepin County Environmental Services provided background information on the
Pioneer Sarah Watershed. The City Council discussed the watershed governing options,
tax base differences that exist with the three watersheds in Medina and the funding of
watershed projects. Staff was directed to follow up with Steve Christopher from BWSR
regarding two questions: 1) Does BWSR provide loans for organizations to change to a
watershed management district? 2) What is the timeline to change to a watershed
management district?
Staff was directed to provide the following responses to the requested survey from
Pioneer Sarah: Respond No to questions 1, 2, and 3 with the following explanation, "The
City of Medina's answer to each of Questions 1, 2 and 3 is dependent on whether the City
would receive assurance that the additional contribution would be employed to fund
identified capital improvements within the jurisdiction of the Commission. Medina has
seen little active water quality management from the Commission in recent years."
Staff is directed to answer yes to question #4. Finally, staff was directed to answer yes to
question #5 with the following explanation, "If the Commission will not seek ad valorem
funding to implement the Third Generation Plan, then the City would support replacing
the Commission with a Watershed District."
Medina City Council Special Meeting Minutes 1
April 7, 2015
Adjournment
Mitchell closed the meeting at 6: SO p.m.
Bob Mitchell, Mayor
Attest:
Scott Johnson, City Administrator -Clerk
Medina City Council Special Meeting Minutes 2
April 7, 2015
MEDINA
CITY OFFICE
2052 County Road 24, Medina, MN 55340.9790
ADMINISTRATION I PLANNING & ZONING I PUBLIC WORKS
P:763.473-4643 f:763.473-9359
e: city@ci.medina.mn.us
PUBLIC SAFETY
P: 763.473-9209 f: 763.473-8858
April 13, 2015
Ray McCoy
435 County Road 110
Maple Plain, Minnesota 55357
Dear Mr. McCoy:
Re: Fire Facilitator Letter
At the Medina City Council Work Session meeting on April 7, 2015, there was a brief discussion
regarding the Hamel and Loretto Fire Departments having issues they would like to discuss. The City of
Medina would like to contract with you at a rate of $100.00 per hour (not to exceed $5,000) to provide
services to facilitate the discussion. Please confirm this arrangement by signing the bottom of this
letter.
If you have any questions, please feel free to contact Public Safety Director Ed Belland or City
Administrator Scott Johnson at (763) 473-4643.
On Behalf of the Medina City Council
Scott Johnson
City Administrator
Ray McCoy Signature:
Date: 44-1/1r17242/�
zs;
Scott Johnson
From: Ray McCoy <mccoy5701@gmaii.com>
Sent: Monday, May 04, 201511:20 AM
To: B Mitchell; Scott Johnson
Mayor Mitchell,
Just a quick update on the ongoing discussions with Hamel and Loretto. Had a very good
meeting with Loretto FD last Monday. I have had a couple of conversations with Chief
Ruchti last week and with Neil W. I then was out of town doing training in Redwood
County the rest of the week.
I have a meeting scheduled with Hamel Fire Board tonight and a meeting scheduled with
Loretto Fire Board on Wednesday evening.
Should have better feel for where everyone is at after Wednesday.
Any questions feel free to call.
Ray McCoy
mccoy5701@gmail.com
612-328-3853
r.
Ki
Scott Johnson
From: Ray McCoy <mccoy5701@gmail.com>
Sent: Friday, May 08, 2015 1:08 PM
To: B Mitchell; Scott Johnson
Subject: Loretto FD & Hamel FD update
I have had two meetings this week with both FD's governing boards. Both boards have
an motion made and passed authorizing each respective fire chief the authorization to
meet with me to design a consolidation process. I consider this a huge step from my
initial conversation with both departments. I'm in process of trying to set the meetings
up. I think it would be very prudent to have a meeting with both of you and Chief Ed
Be!land for a in person update.
Would Wednesday at 8-9 or 11-12 work. I will be traveling to Houston County at 1230.
Thanks
Ray McCoy
mccoy5701@gmail.com
612-328-3853
1
r,
To: Ciiy AchwirtistratorTerterkihnVOn
ina Mayor Robert Mitchell
From:
CC:
Date:
Re:
Public Safety Director Ed Belland
5/13/2015
Hamel & Loretto Fire Department - Facilitation of Fire Service Delivery
Comments: Per the direction of the City of Medina I have met with both the Loretto and Hamel fire chiefs and
their respective fire boards. A simple synopsis of the first meeting with both departments was a
real sense of distrust, apprehension, and "here we go again". I took a lot of time listening to each
department's perspective and getting an understanding of each department's goals and their
perceptions.
To summarize both department's leadership boards agree on several issues:
1. Not interested in a short term agreement of any type
2. Why does the City of Media want a consolidated fire department
3. Have deep "wounds" and feelings of betrayal from previous consolidation attempts
4. Want all cities in the "new consolidated fire department" coverage area to support the
consolidation
5. Are willing to work at consolidation one last time
6. In spite of the negative feelings towards the previous consolidation attempts both Fire
Boards have granted authority to their respective fire chief to continue to meet with me
to "design a consolidation process"
During this short process to date both chiefs feel they are being micro managed and want to just
concentrate on the process without inference. I would suggest that any fire related business or
request go through the city administrator or mayor. This also would promote transparency and
openness with each of the fire chiefs.
The city goals that I have promoted is simple:
1. Consolidation would seek to improve fire service delivery to all customers
2. Consolidation would achieve long term operating efficiencies and capital expenditure
planning.
have spoken with hotn cruet Leuer and chief. ',Waal and it is our expectation to have a
consolidation design put together within next three weeks. This design would then go back to be
adopted by respective fire boards. The next step would be presenting a resolution to each of the
cities to support the consolidation, have teams working on new by-laws, implementing the Lexipol
Polices, fiscal impact of combining the Relief Associations, consolidating the equipment,
establishing initial department officers and creating a combined budget for new fire department. I
would like to see January 1, 2016 as a goal.
Scott Johnson
From: Scott Johnson
Sent: Tuesday, June 09, 2015 3:18 PM
To: Bob.Mitchell@ci.medina.mn.us; Jeff Pederson (jeff.pederson@medinamn.us);
john.anderson@ci.medina.mn.us; Kathleen.Martin@ci.medina.mn.us;
Lorie.Cousineau@ci.medina.mn.us
Cc: Ed Belland; 'Ray McCoy'
Subject: Meeting with Ray McCoy
Mayor and Council Members,
Mayor Mitchell, Council Member Pederson, Chief Belland, and I met with Ray McCoy this morning regarding the
consolidation conversations between the Hamel and Loretto Fire Departments. Mr. McCoy informed us that the
conversations on consolidation are ongoing and the process may take a few years to implement. The departments have
discussed the following short-term goals:
• Implementing in 2015 the Lexipol policies through the West Hennepin Fire District
• Providing joint training between the departments
• Maintaining auto aid between the two departments
Mr. McCoy was asked to continue the consolidation discussions with both departments.
Scott
1
MEDINA CITY COUNCIL SPECIAL MEETING MINUTES OF
DUNE 16.2015
The City Council of Medina, Minnesota met in special session on June 16, 2015 at 6:00
p.m. at the Medina City Hall, 2052 County Road 24, Medina, MN.
I. Call to Order
Members present: Mitchell, Anderson, Cousineau, Martin, Pederson
Members absent:
Also present: City Administrator Scott Johnson, Public Works Director Steve
Scherer, Finance Director Erin Barnhart, Hamel Fire Department Chief Jeff Ruchti,
Hamel Fire Lt. Ryan Gregor, and City Planner Dusty Finke
II. Proposed 2016 Hamel Fire Budget
Hamel Fire Department Chief Jeff Ruchti provided an overview of the proposed Hamel
Fire Department Budget for 2016 and responded to questions on the proposed budget.
Council Member Anderson informed the City Council that the Loretto Fire Department
has turned off auto aid with the Hamel Fire Department and is no longer asking Hamel to
assist on calls. He also informed the City Council that he discussed auto aid with Long
Lake Fire Chief James Van Eyll and Plymouth Fire Chief Richard Kline. Anderson was
greatly concerned about the competence level of the Hamel Fire Department based on the
conversations he had with the two fire chiefs. Council Member Pederson confirmed he
was informed of the auto aid change and encouraged consolidation between the Hamel
and Loretto Fire Departments. Staff was not notified of the auto aid change by the
Loretto Fire Department. Anderson said he could only approve the proposed budget if
the Hamel Fire Department agreed to consolidate as soon as possible with the Loretto
Fire Department. Council Member Martin cautioned against making a leap in judgment
based on the decision made by the Loretto Fire Department. Staff was directed to discuss
the issues with the Loretto and Hamel Fire Departments and Ray McCoy. Staff will
report back at the next Council Meeting and bring back the proposed 2016 Hamel Fire
Department Budget for discussion at the July Work Session.
Council Member Martin requested information on the increase in bond expenses for the
proposed 2016 Medina Budget.
The Work Session was recessed at 7:02 PM
III. Mediacom Build -out Summary,
City Planner Dusty Finke provided an update on the discussions with Mediacom.
Council directed staff to work cooperatively to reach mutual agreement on the
construction plans to make sure all shared mileage is in the public ROW, allow
Mediacom to determine where their 15 miles of buildout will be located and request a
cost share for the remaining miles to complete the plan.
Medina City Council Special Meeting Minutes 1
May 19, 2015
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From:
Seat:
To:
Cc:
Subject:
Hi Jeff,
Scott Johnson
Tuesday, June 16, 2015 9:51 PM
jleuer@clloretto.mn.us
Ed Beiland; Bob.Mitchell@ci.medina.mn.us; Jeff Pederson (jeff.pederson@medinamn.us)
Hamel Auto Aid
Council Member John Anderson mentioned at tonight's Council meeting that Loretto Fire has stopped all auto aid with
Hamel FD. Is this true? If so, why was this change made and what were the reasons for the change? Why wasn't the
City of Medina notified of this change immediately?
Scott Johnson
City of Medina
1
Scott Johnson
From:
Sent
To:
Cc:
Subject:
Hi Scott,
Jeff Leuer <jleuer@ci.loretto.mn.us>
Wednesday, June 17, 201511:07 AM
Scott Johnson
Ed Belland; B Mitchell; Jeff Pederson
RE: Hamel Auto Aid
Loretto Fire Department con inues to provide Automatic Aid to the area covered in Medina by the Hamel Fire
Department on the followin calls: Personal Injury accidents, House Fires, School Fires, Garage Fires, Grass Fires,
Apartment Fires, Business F. es, Chimney Fires and Electrical Fires as this has not changed. Loretto Fire Department has
changed its response levels the City of Medina based on redundancy, operational and functional needs to provide the
optimum level of service and costs of service to the residents and businesses best served by the Loretto Fire
Department. Hamel Fire Department was removed from Automatic Aid o the area covered by the Loretto Fire
Department in the City of Medina based on redundancy, resou es and the fu�c_t_ional needs to provide an
effective and efficient service level to our customers, the City of Medin residents. As you may �e aware Hennepin
County Fires Chiefs Association is constantly revisiting box alarms ana utomatic aid responses in the county to also to
provide effective and efficient service levels.
Jeff Leuer
Fire Chief
Loretto Fire Department
259 Medina Street North
PO Box 22
Loretto, Mn 55357
Office 763-479-3036
Cell 612-221-4963
Fax 763-479-2685
From: Scott Johnson[mailto:Soott.Johnson@ci.medina.mn.usj
Sent: Tuesday, June 16, 2015 9:51 PM
To: Jeff Leuer
Cc: Ed Belland; B Mitchell; Jeff Pederson
Subject: Hamel Auto Aid
Hi Jeff,
Bek.,
Council Member John Anderson mentioned at tonight's Council meeting that Loretto Fire has stopped all auto aid with
Hamel FD. Is this true? If so, why was this change made and what were the reasons for the change? Why wasn't the
City of Medina notified of this change immediately?
Scott Johnson
City of Medina
Scott Johnson
From:
Sent:
To:
Cc
Subject:
Hi Chief,
Scott Johnson
Wednesday, June 17, 201511:11 AM
'Jeff Leuer'
Ed Be!land; B Mitchell; Jeff Pederson
RE: Hamel Auto Aid
Why wasn't the City of Medina notified of thischangeimmediately?
r[
Scott Johnson
City of Medina
1
From:
Sent:
To:
Cc:
Subject:
Hi Ray,
Scott Johnson
Wednesday, June 17, 2015 4:07 PM
'Ray McCoy'
Bob.Mitchell@ci.medina.mn.us; Ed Be!land
Consolidation Update
The City of Medina discussed the 2016 Hamel Fire De rtment Budget at our work session last night. During the
discussion last night Council Member John Anderson that Hamel Fire Department was removed from
Automatic Aid to the area covered by the Loretto Fire Department in the City of Medina. According to Mr. Anderson this
was done on June 12th Th ity ► Meflina and Hamel Fire Department were not notified by Chief Leuer of this change.
Also, Council Member An: ers• "'unformed the City Council that he has lost confidence in the Hamel FD and has discussed
the auto aid issue with Chief VanEyfl and Chief (Cline. Please contact Ed or me regarding this issue as soon as you can on
this issue.
Thank you,
Scott Johnson
City of Medina
i
Scott Johnson
From:
Sent:
To:
Cc:
Subject:
Jason Nelson
Wednesday, June 17, 2015 4:08 PM
Scott Johnson
Ed Belland
FW: Auto Aid email
Scott, this is the email that I received from Sergeant Yanta. Attached is the email that was sent to Pat with the
Hennepin County Cad team from Chief Leuer.
Let me know if you need anything else.
Jason
From: Liane K Yenta rmailto:Liane.YantaOhennepin.us]
Sent: Wednesday, June 17, 2015 4:04 PM
To: Jason Nelson
Cc: Liane K Yenta
Subject: Auto Aid email
Let me know if you need anything else for this or of me. It was sent to Pat Kuchera with CAD team.
Thanks, Liane
Good Morning Pat,
I have another request that would like for you to change WHEN YOU HAVE TIME, NO PI00#Q.
Currently I believe we have this: Loretto and Hamel all -call, Maple Plain with ladder and tanker for ORT, BUS, CH1M
1J4PLOS, GARAGE, HOUSE, SCHOOL
Remove Hamel FD from the first alarms on these call codes. I have too much redundancy in this area. I just want Maple
Plain with ladder and tanker for these codes for Medina area Loretto FD covers.
This should mean we don't have any Hamel FD on any first alarms in Medina.
Let me know if you have any questions,
Thanks, Jeff
Jeff Leuer
Fire Chief
Loretto Fire Department
259 Medina Street North
PO Box 22
Loretto, Mn 55357
Office 763-479-3036
Cell 612-221-4963
Fax 763-479-2685
Liane Yenta, Sergeant
Hennepin County Sheriff Communications
1245 Shenandoah Ln Plymouth MN 55447
(763) 249-0883 Office
(612) 363-3012 Mobile
1
June 18, 2015
Phone Conversation with Chief Jeff Leuer
I shared my concerns with Chief Leuer over the recent change on June 12, 2015 to "Auto Aid" made by
the Loretto Fire Department regarding the Hamel Fire Department. Chief Leuer explained to me that
the change has nothing to do with the competency level of the Hamel Fire Department, but with what
department makes sense to cover the Lake Independence neighborhood in Medina. We agreed to set
up a meeting with Ray McCoy, Hamel FD, Loretto FD, and the City of Medina to discuss the "Auto Aid"
change, the consolidation, and any other items to help improve communication.
Scott Johnson
From: Scott Johnson
Sent: Thursday, June 18, 2015 9:50 AM
To: 'Ray McCoy'
Cc: Bob.Mitchell@ci.medina.mn.us; Jeff Pederson (jeff.pederson@medinamn.us);
jleuer@ci.loretto.mn.us; 'Jeffrey Ruchti' (jeff.ruchti@hamelfire.org); Ed Belland
Subject: Consolidation Meeting Request
Hi Ray,
I spoke to Chief Leuer this morning and we think it is extremely important for all of the parties involved with the
consolidation to meet early next week on Monday or Tuesday at Medina City Half to discuss three topics:
• Consolidation process timeline — why a three year process is needed for both Fire Departments
• Changes to Auto Aid by Loretto FD — why the change was made and what are the impacts?
• Communication with the City of Medina - day to day operations and consolidation
We can definitely add more topics to the agenda if needed. What dates and times do you have available to meet on
Monday or Tuesday?
Thank you,
Scott Johnson
City of Medina
J.
Scott Johnson
From: Scott Johnson
Sent Thursday, June 18, 20151:13 PM
To: Bob.Mitchell@ci.medina.mn.us; Jeff Pederson Oeff.pederson@medinamn.us);
jieuer@ci.loretto.mn.us; 'Jeffrey Ruchti' (jeff.ruchti@hamelfire.org); Ed Belland
Cc: Ray McCoy (rmccoy@westhennepin.com) (rmccoy@westhennepin.com)
Subject: RE: Consolidation Meeting Request
All,
I heard back from Ray McCoy and he is available to meet the afternoon of Tuesday, June 23rd. Please let me know as
soon as possible if June 23'd at 1 or 2 PM at Medina City Hall will work for your schedule for the meeting.
Scott Johnson
City of Medina
June 19, 2015
Phone Conversation with Chief Richard Kline, Plymouth F.D.
Chief Kline called me back. I asked him if he was aware of auto aid changes between Loretto and Hamel.
He said he was not aware of the changes, but he did speak to Council Member John Anderson on
Monday, June 15, 2015. Plymouth uses auto aid with other departments. Chief Kline explained that
Plymouth has auto aid where Maple Grove responds, but Maple Grove does not require auto aid from
Plymouth because Mapie Grove has enough resources to respond. Chief Kline also informed me that he
did not state any fire department was incompetent in the conversation.
June 19, 2015
Phone Conversation with Chief James Van EyII
Chief Van Eyll called me back. He said that he had heard Loretto had cancelled "Auto Aid" with Hamel
and he had a conversation with John Anderson on Monday, June 15, 2015, about the change. He
informed me that Hamel is 3rd or 4th on "Box Alarms" for Long Lake Eire. He said the decision about `Box
Alarms" has to do with "mileage" and "consistency." Hamel is not as consistent as other area fire
departments like Wayzata. Long Lake had the same consistency issue when Chief Van Eyll started with
the Long Lake Department 8 years ago. He informed me that it takes years to build consistency and
reputation for a fire department. He would follow the same line of reasoning with any department in
the area and he thought Hamel was improving, but needed to be more consistent. He thought it was
important for fire chiefs to let the Medina Public Safety Director know what is going on with "Auto Aid"
and other issues. Mr. Anderson also asked him about Blue Card training. Chief Van Eyll explained that
departments do not fail Blue Card Training and the departments will continue to work on the skills
needed until they are certified under the training.
Scott Johnson
From: Scott Johnson
Sent: Friday, June 19, 201511:58 AM
To: 'Jeff Leuer; Dave Eisinger; B Mitchell; Jeff Pederson; 'Jeffrey Ruchti'
(jeff.ruchti@hamelfire.org); Ed Selland; James Van EyII (jvaneyll@longlakemn.gov); 'Ray
McCoy'
Subject: RE: Consolidation Meeting Request
All,
Chief Leuer confirmed that he can meet at 2 PM on Tuesday, June 23rd at Medina City Hall.
We will meet at 2 PM on Tuesday at Medina City Hall.
Have a good weekend!
Scott Johnson
City of Medina
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Scott Johnson
From: Bob Mitchell <bob.mitcheil@medinamn.us>
Sent: Tuesday, June 23, 2015 5:02 PM
To: Scott Johnson
Subject: Re: Fire Consolidation Update
Good memo. Thanks for running a good meeting and getting our business done.
Sent from my iPhone
On Jun 23, 2015, at 4:19 PM, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote:
Mayor and Council Members,
Mayor Mitchell, Council Member Pederson, Ray McCoy, Public Safety Director Ed Belland, and I met
with the four fire chiefs who serve Medina this afternoon.
Mr. McCoy provided an update on the consolidation discussions between the Loretto and Hamel Fire
Departments. All four fire departments continue to work on the implementation of Lexipol
policies. This will allow all four departments to be consistent with their policies which will provide
better and more consistent service to Medina Residents. No time period has been set for the
consolidation process with Loretto and Hamel because both departments need time to work together,
build trust, and start to train together. Mr. McCoy met with the two fire chiefs earlier this month and
they plan to meet again later this summer. The fire departments expect to have the Lexipol policies in
place by the end of 2016. Implementing the Lexipol policy is part of the consolidation process for
Loretto and Hamel.
Communication with the Medina City Council was also brought up at the meeting. Everyone at the
meeting agreed that all questions from Medina City Council Members regarding the fire departments
should be sent directly to me (City Administrator). I will work with Ray McCoy and the fire chiefs to
answer the questions and respond back to the City Council or individual member. Everyone at the
meeting thought this structure is necessary for the consolidation to move forward between Loretto and
Hamel. This will also allow for City Council Members to have their questions answered in the most
direct way possible. Please let me know if you have any questions.
Finally, we discussed the auto aid change that was made by the Loretto Fire Department on June 12th
and was discussed at the June 16th Work Session. Mayor Mitchell directed Ray McCoy to meet with the
two fire chiefs and determine what occurred and what impact that will have on Medina Residents
related to fire service. This information will be brought forward at the July 7th City Council meeting.
Please let me know if you have any questions.
Thanks,
Scott
1
Scott Johnson
From: Ray McCoy <mccoy5701@gmail.com>
Sent: Wednesday, July 01, 2015 8:22 AM
To: Scott Johnson
Subject: Re: FW: Ray
Scott,
I spoke with Mayor Mitchell on Monday. I relayed to him that I have spoken with both
Fire Chief Leuer and Ruchiti about the issue of auto aid being changed. While the change
was not a huge deal or affected the fire response to the citizens of Medina it did cause a
unattended negative results in a public meeting. This negative reaction could have been
avoided if the change would have been better communicated to all involved.
On a positive note both fire chiefs are communicating and have had a couple of good
conversations since our meeting at Medina. We are trying to get our calender's to align
to address the issue of a more definitive time line for a consolidation plan.
Will keep you posted.
Ray
On Tue, Jun 30, 2015 at 11:54 AM, Scott Johnson <Scott.Johnson®ci.medina.mn.us> wrote:
Hi Ray,
Where are we at regarding the request made by Mayor Mitchell?
Thank you,
Scott Johnson
City of Medina
From: Scott Johnson
Sent: Thursday, June 25, 2015 10:01 AM
To: mccoy57010gmail.com
Cc: Bob Mitchell
Subject: Fwd: Ray
Hi Ray,
Please send the requested information to Mayor Mitchell.
Thank you,
Scott Johnson
City of Medina
Sent from my iPhone
Begin forwarded message:
From: Bob Mitchell <bob.mitchell@,medinamn.us>
Date: June 25, 2015 at 9:52:11 AM CDT
To: Scott Johnson <Scott.Johnson@ci.medina.mn.us>
Subject: Ray
I am expecting Ray's report (verbal) on the June 12 to June 16 fire issue today. Call me or pass it
on when you get it. Thanks
Sent from my iPhone
Ray McCoy
mccoy5701@gmail.com
612-328-3853
2
Q. What change did Jeff Leuer make to Loretto FD procedures on 6-12-15?
A. He changed some "auto -aid" notifications for some areas away from Hamel FD to MPFD.
Q. Why did he make those changes?
A. Because as fire service areas grow and change there occur redundancies amongst FDs,
more relevant equipment is available in other FDs and such changes make the system
function better. The result is a more effective and efficient service level to customers.
Q. Were the changes Jeff Leuer made on 6-12-15 big changes or little changes?
A. Little changes. Auto -aid and box alarms are important details. Mutual aid amongst
departments has been and remains the most important factor. Loretto and Hamel are an
integral part of mutual aid to each other.
Q. Did he notify Jeff Ruchti of Hamel FD in advance?
A. No.
Q. Would a fire chief usually notify another FD of changes such as these?
A. No. Hennepin County Fire Chiefs Association members are constantly revising box alarms
and auto aid to provide more effective and efficient service levels.
Q.
Given the negotiations toward further consolidation between the two FDs, would it have
been - in hindsight -- a good idea to have notified Jeff Ruchti?
A. Yes.
Q. Do James Van Eyl of LLFD and Dave Eisinger of MPFD agree with the foregoing
analysis?
A. Yes.
Q.
Do the changes Jeff Leuer made to Loretto FDs auto -aid notificatins show a lack of
confidence in Hamel FD?
A. No, because the changes were minor; were made to reduce redundancy; insure the most
relevant equipment was dispatched to fire calls; all to improve an effective and efficient
fire service delivery system.
ROCS-#4728733-v1
Scott Johnson
From: Bob Mitchell <bob.mitchell@medinamn.us>
Sent: Wednesday, July 01, 2015 11:03 AM
To: Scott Johnson
Subject Fwd: DOCS-#4728733-vl-Hamel_Fire_Department_Qand A
Attachments: DOCS-#4728733-v1-Hamel_Fire_Department_Qand_A.pdf, ATT00001.htm
Please ask Ray McCoy to edit and approve this Q and A so you can write the city council about this issue. We want to
complete this work satisfactorily so we can move on. Thanks.
Sent from my iPhone
Begin forwarded message:
From: Robert Mitchell <rmitche1143@icloud.com>
Date: July 1, 2015 at 11:00:04 AM CDT
To: bob.mitchell@medinamn.us
Subject: Fwd: DOGS-144728733-v1-Hamel_Fire_Department Q_and_A
Sent from my iPhone
Begin forwarded message:
From: "Kathleen M. Nydegger" <knydegger@lindouist.com>
Date: July 1, 2015 at 10:57:40 AM CDT
To: 'Robert Mitchell' <rmitche1143@icloud.com>
Subject: DOCS-#4728733-v1-Hamel_Fire_Department Q_and A
1
Scott Johnson
From: Scott Johnson
Sent: Wednesday, July 01, 20151:26 PM
To: 'Ray McCoy'
Subject: FW: Loretto Fire Department Q and A
Attachments: MEMORANDUM Loretto Fire Department Auto Aid Change .docx
Hi Ray,
I spoke to Mayor Mitchell and he had some changes to the 1st draft. Please edit and approve the 2nd draft of the Q and
A/memo. Also, can you please run your edited and approved version past Chief Leuer and Chief Ruchti?
The packet deadline is 9 AM tomorrow morning and I need to have the completed memo by that time for the Council
packet.
Thank you,
Scott Johnson
City of Medina
From: Scott Johnson
Sent: Wednesday, July 01, 2015 11:52 AM
To: 'Ray McCoy'
Cc: Bob.MitchellOci.medina.mn.us
Subject: Loretto Fire Department Q and A
Hi Ray,
Please edit and approve the Q and A/memo. Also, can you please run your edited and approved version past Chief
Leuer and Chief Ruchti?
The packet deadline is 9 AM tomorrow morning and I need to have the completed memo by that time for the Council
packet.
Thank you,
Scott Johnson
City of Medina
1
MEMORANDUM
TO: Mayor Mitchell and City Council
FROM: Ray McCoy, Medina Fire Consolidation Consultant
DATE: July 1, 2015
SUBJ: Loretto Fire Department Auto Aid Change
1 had a conference call with Mayor Mitchell and Public Safety Director Ed Belland on June 29,
2015 regarding the auto -aid change that was made by the Loretto Fire Chief Jeff Leuer on June
12, 2015 and discussed at the June 16, 2015 Medina City Council Work Session.
At the meeting that was held with the four fire chiefs on June 23, 2015, Mayor Mitchell directed
me to meet with the two fire chiefs and determine what occurred with the auto -aid change and
what impact that will have on Medina Residents related to fire service. Below is an accurate
account of the follow-up conference call discussion on June 29th:
Q.
What change did Jeff Leuer make to Loretto FD procedures on June 12, 2015?
A. He changed some "auto -aid" notifications for some areas away from Hamel FD to Maple
Plain FD.
Q-
Why did he make those changes?
A. Because as fire service areas grow and change there occur redundancies amongst FDs,
more relevant equipment is available in other FDs and such changes make the system
function better. The result is a more effective and efficient service level to customers.
Q.
Were the changes Jeff Leuer made on June 12, 2015 big changes or little changes?
A. Little changes. Auto -aid and box alarms are important details. Mutual aid amongst
departments has been and remains the most important factor. Loretto and Hamel are an
integral part of mutual aid to each other.
Q.
Do James Van Eyll of Long Lake FD and Dave Eisinger of Maple Plain FD agree with
the foregoing analysis?
A. Yes.
Q.
Do the changes Jeff Leuer made to Loretto FDs auto -aid notifications show a lack of
confidence in Hamel FD?
A. No, because the changes were minor; were made to reduce redundancy, insure the most
relevant equipment was dispatched to fire calls; all to improve an effective and efficient
fire service delivery system.
Staff and consultants have investigated this issue fully. No City Council action is requested.
2
Scott Johnson
From: Ray McCoy <mccoy5701@gmail.com>
Sent: Thursday, July 02, 2015 8:43 AM
To: Scott Johnson
Subject: Re: Loretto Fire Department Q and A
The memo I sent to you is good. Both chiefs have reviewed it.
Also both Chiefs are communicating which is also good.
Ray
Sent from my !Phone
On Jul 1, 2015, at 15:58, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote:
Thanks, Ray!
Scott Johnson
From: Ray McCoy <mccoy5701@gmail.com>
Sent: Tuesday, July 21, 2015 3:39 PM
To: Scott Johnson
Subject: Re: FW: Phone Call with Mike Dobish
Yes I will address the topic.
On Tue, Jul 21, 2015 at 3:28 PM, Scott Johnson <Scott.Johnson(a�ci.medina.mn.us> wrote:
Hi Ray,
Can you bring this topic up with the Fire Chiefs the next time you meet with them on consolidation? I would
like to know if the Chiefs want to move forward with more Blue Card training or if they are comfortable with
utilizing NIMS instead of Blue Card?
Thank you,
Scott Johnson
City of Medina
From: Medina fmailto:john.andersonOrnedinamn.us.]
Sent: Tuesday, July 21, 2015 11:14 AM
To: Scott Johnson
Cc: J Anderson; B Mitchell
Subject: Re: Phone Call with Mike Dobish
Scott,
Thank you for following up with Mike Dobish regarding these programs. I think you uncovered a lot of good
information and it appears to me that the two programs, NIMS and Blue Card, are each important to our City
and that we should make sure that each of our fire service providers train in each program.
Regarding the Blue Card Program, I think the information you provided and your statement, "Blue Card is
specifically for fire ground incident command" is very important because, in my opinion, a candidate who has
i
not passed both elements of the Blue Card program cannot be considered as ready for fire ground incident
command. A metaphor would be this: a college student goes to class, does the reading, but fails the final exam
cannot call themselves a college graduate. The student has failed to show mastery of the material.
Based on the 2014 Hamel Annual Report, four out of seven commanders at Hamel have not passed both
elements of the Blue Card program.
I believe that this is an important distinction and would ask, again, that Hamel revise it's 2014 annual report.
The current contract with Hamel calls for a minimum position qualification for Lieutenants, Captains and Chief
to include "Blue Card On -Line Certification Program". While I believe, and think it reasonable, that the
authors of this contract meant that an individual had to pass both elements of the program, I think that we
would need to speak with those individuals who drafted the contract to be certain. Certainly looking forward to
any new contract with Hamel, this issue needs to be clarified and, I would suggest; that the standard of passing
both elements of the Blue Card program be established as a minimum standard for Lieutenants, Captains, and
Chief.
Once, again, thanks for taking the time to become informed on these important issues.
Councilman John Anderson
City of Medina
iohn.anderson@ci. medina.mn.us
On Jul 20, 2015, at 4:48 PM, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote:
Hi John,
2
I spoke to Mike Dobish from the Richfield Fire Department today about Blue Card Training. He
had the following responses:
• Why would a fire department use blue card if the other responding departments use
NIMS? Blue Card is scalable to the emergency incident. NIMS is not scalable and is intended
for larger emergency incidents. Blue Card provides tactical skills and tools for the officers
arriving on the scene. Blue Card and NIMS are not separate systems. Blue Card is specifically
for fire ground incident command. NIMS is for all emergency management situations and is
based on allocating enough resources to solve the problem.
• The Blue Card System is set up into two areas —1) on-line training and written materials —
Candidates must test 70% or better to move on to the 24 hour lab 2) 24 hour lab — applying the
materials in your organization under a pass or fail score. If someone fails, then the candidate is
able to review the materials and come back and retest.
Please let me know if you have further questions.
Thanks,
Scott
Ray McCoy
mccoy5701 Agmail.com
612-328-3853
3
:1
Date: September 15, 2015
To: Scott Johnson
Medina City Administrator
From: Ray McCoy
RE: Invoice for services rendered
I have attached the synopsis of the time spent working with Hamel Fire Department and
Loretto Fire Department per the agreement with the city of Medina.
I have spent 19.16 hours on this project at $100 per hour. The total invoice is $1916.
Thanks for the opportunity to work with you and the City of Medina.
Scott Johnson
From: Jeff Leuer <jleuer@ci.loretto.mn.us>
Sent: Tuesday, September 29, 20151:31 PM
To: Scott Johnson
Cc: Ed Belland;'tim.ryan@lorettofire.org'; rick.altendorf@Iorettofire.org;
'terry.ryan@lorettofire,org'; scott.wendland@lorettofire.org; Gregg Johnson
(greggjohnson@lorettofire.org); 'billsosati@lorettofire.org'; jeff.leuer@lorettofire.org';
James Van EyII avaneyll@longlakemn.gov); Dave Eisinger
(dave.eisinger@bergersoncaswell.co rn)
Subject: RE: City of Independence Budget Meeting
Good Afternoon Scott,
Sorry about not responding sooner but all three fire chiefs wanted to meet to discuss your email. We wanted to
send back one unified message to you and the City that answers your questions.
What will this proposed position cost? Currently it is an unknown but we are going under the assumptions that
this position will cost about $80,000 of which $40,000 is for the training side of it and $40,000 is for the fire
prevention/inspection side. The fire prevention/inspection side will generate revenue to cover maybe 40-50%
of it. We are hoping to have this a go in the second half of 2016 but we do understand the fiscal constraints that
we are all under.
Why was the City of Medina left out of the discussions? Our regularly scheduled meeting with the City of
Medina has not occurred and we were not prepared to come to the City of Medina any sooner then these
scheduled meetings. We did state at the meeting for the West Hennepin Fire Group on March 4, 2015 that our
next steps in this process is training.
Why was the Hamel Fire Department left out of the discussion? There are many reasons that we have not
included Hamel in this discussion. The City of Medina has a problem and it is Hamel Fire. Hamel Fire lacks
leadership, training and financing. If Hamel Fire is included, it might help their training but it doesn't correct
their largest issue of leadership. This is not to say anything bad about current Hamel Fire Chief Jeff Ruchti but
this is a reflection on the department as a whole and the lack of leadership going back a decade. The Long
Lake, Loretto and Maple Plain Fire Departments cannot fix these problems for the City of Medina or Hamel
Fire. Medina can do a few things to correct the issue. They can buy Hamel Fire out and either start their own
Department or roll them into another fire department.
We would like to see a meeting scheduled soon that would include the fire chiefs from Loretto, Long Lake and
Maple Plain, yourself, Ed Belland, Jeff Pederson and Bob Mitchell. We would request that Hamel Fire not be
included in this meeting so that we can have an open and honest discussion about them. We are open
Thursday, October 1 11:30, Tuesday, October 6 after 9:00 or Thursday, October $ after 10:00. Please let us
know what works for the City of Medina.
Thanks,
Jeff Leuer
Fire Chief
Loretto Fire Department
i
259 Medina Street North
PO Box 22
Loretto, Mn 55357
Office 763-479-3036
Cell 612-221-4963
Fax 763-479-2655
iieuergc%loretto.mn. us
From: Scott Johnson [maim:Scott.Johnson@cl.medina.mn.usl
Sent: Friday, September 18, 201S 4:33 PM
To: James Van Ey1k avaneylipionglakemn.00v); Jeff Leuer, Dave Eisinger(dave.eisingerObergersoncasweli.com)
Cc: Ed Be!land
Subject: City of independence Budget Meeting
Chief Van EyII, Chief Leuer, and Chief Eisinger,
I was recently notified that the City of Independence discussed at a budget meeting last Thursday the possibility of
adding a shared Fire Trainer/Inspection position for the area fire departments. I was shocked to hear that this was being
discussed and the City of Medina who utilizes all three of your departments for fire services was not included on the
discussions. I have a few questions:
• What will this proposed position cost? We have set our preliminary budget for 2016.
▪ Why was the City of Medina left out of the discussions?
• Why was the Hamel Fire Department left out of the discussion?
Scott Johnson
City of Medina
z
Scott Johnson
From: James Van EyII <jvaneyll@longlakemn.gov>
Sent: Tuesday, September 29, 2015 1:22 PM
To: Scott Johnson
Cc: Leuer Jeff; Eisinger Dave; Ed BeHand; Weske Scott
Subject: Re: City of independence Budget Meeting
Good Afternoon Scott,
Sorry about not responding sooner but all three fire chiefs wanted to meet to discuss your email. We wanted to
send back one unified message to you and the City that answers your questions.
What will this proposed position cost? Currently it is an unknown but we are going under the assumptions that
this position will cost about $80,000 of which $40,000 is for the training side of it and $40,000 is for the fire
prevention/inspection side. The fire prevention/inspection side will generate revenue to cover maybe 40-50%
of it. We are hoping to have this a go in the second half of 2016 but we do understand the fiscal constraints that
we are all under.
Why was the City of Medina left out of the discussions? Our regularly schedule meeting with the City of
Medina has not occurred and we were not prepared to come to the City of Medina any sooner then these
scheduled meetings. We did state at the meeting for the West Hennepin Fire Group on March 4, 2015 that our
next steps in this process is training.
Why was the Hamel Fire Department left out of the discussion? There are many reasons that we have not
included Hamel in this discussion. The City of Medina has a problem and it is Hamel Fire. Hamel Fire lacks
leadership, training and financing. If Hamel Fire is included, it might help their training but it doesn't correct
their largest issue of leadership. This is not to say anything bad about current Hamel Fire Chief Jeff Ruchti but
this is a reflection on the department as a whole and the lack of leadership going back a decade. The Long
Lake, Loretto and Maple Plain Fire Departments cannot fix these problems for the City of Medina or Hamel
Fire. Medina can do a few things to correct the issue. They can buy Hamel Fire out and either start their own
Department or roll them into another fire department.
We would like to see a meeting scheduled soon that would include the fire chiefs from Loretto, Long Lake and
Maple Plain, yourself, Ed Belland, Jeff Pederson and Bob Mitchell. We would request that Hamel Fire not be
included in this meeting so that we can have an open and honest discussion about them. We are open
Thursday, October 1 11:30, Tuesday, October 6 after 9:00 or Thursday, October 8 after 10:00. Please let us
know what works for the City of Medina.
Thanks,
James Van Eyli
Fire Chief
Long Lake Fire Department
jvaneyllaionglakemmoov
On Sep 18, 2015, at 4:33 PM, Scott Johnson <scottjohn.son@a ci.medina.mn.us> wrote:
Chief Van Eyll, Chief Leuer, and Chief Eisinger,
I was recently notified that the City of Independence discussed at a budget meeting last Thursday the
possibility of adding a shared Fire Trainer/Inspection position for the area fire departments. I was
shocked to hear that this was being discussed and the City of Medina who utilizes all three of your
departments for fire services was not included on the discussions. I have a few questions:
o What will this proposed position cost? We have set our preliminary budget for 2016.
* Why was the City of Medina left out of the discussions?
+ Why was the Hamel Fire Department left out of the discussion?
Scott Johnson
City of Medina
2
Scott Johnson
From: Dave Eisinger<dave.eisinger@bergersoncaswell.com>
Sent Tuesday, September 29, 2015 4:17 PM
To: Stott Johnson
Cc: Ed Belland;'jeff.leuer@lorettofire_org; James Van EyII (jvaneyll@longlakemn.gov); Tessia
Melvin; scott@scottslawncare.net; Chris Doyle
Subject RE: City of Independence Budget Meeting
Good Afternoon Scott,
Sorry about not responding sooner but all three fire chiefs wanted to meet to discuss your email. We wanted to
send back one unified message to you and the City that answers your questions.
What will this proposed position cost? Currently it is an unknown but we are going under the assumptions that
this position will cost about $80,000 of which $40,000 is for the training side of it and $40,000 is for the fire
prevention/inspection side. The fire prevention/inspection side will generate revenue to cover maybe 40-50%
of it. We are hoping to have this a go in the second half of 2016 but we do understand the fiscal constraints that
we are 01 under.
Why was the City of Medina left out of the discussions? Our regularly 'scheduled meeting with the City of
Medina has not occurred and we were not prepared to come to the City of Medina any sooner then these
scheduled meetings. We did state at the meeting for the West Hennepin Fire Group on March 4, 2015 that our
next steps in this process is training.
Why was the Hamel Fire Department left out of the discussion? There are many reasons that we have not
included Hamel in this discussion. The City of Medina has a problem and it is Hamel Fire. Hamel Fire lacks
leadership, training and financing. If Hamel Fire is included, it might help their training but it doesn't correct
their largest issue of leadership. This is not to say anything bad about current Hamel Fire Chief Jeff Ruchti but
this is a reflection on the department as a whole and the lack of leadership going back a decade. The Long
Lake, Loretto and Maple Plain Fire Departments cannot fix these problems for the City of Medina or Hamel
Fire. Medina can do a few things to correct the issue. They can buy Hamel Fire out and either start their own
Department or roll them into another fire department.
We would like to see a meeting scheduled soon that would include the fire chiefs from Loretto, Long Lake and
Maple Plain, yourself, Ed Belland, Jeff Pederson and Bob Mitchell. We would request that Hamel Fire not be
included in this meeting so that we can have an open and honest discussion about them. We are open
Thursday, October 1 1 I :30, Tuesday, October 6 after 9:00 or Thursday, October 8 after 10:00. Please let us
know what works for the City of Medina.
Thanks,
Jeff Leuer
Fire Chief
Loretto Fire Department
259 Medina Street North
PO Box 22
Loretto, Mn 55357
i
Office 763-479-3036
Cell 612-221-4963
Fax 763-479-2685
Ileuertper.loreito.mm us
From: Scott Johnson [mai to:Scott.Johnsonacimedina.mn.us]
Sent: Friday, September 18, 2015 4:33 PM
To: James Van Ey11 avaneyllelonglekemn.00v); Jeff Leuer; Dave Eisinger (da► a.eisinggrtibergersoncaswell.com)
Cc: Ed Belland
Subject: City of Independence Budget Meeting
Chief Van Eyll, Chief Leuer, and Chief Eisinger,
I was recently notified that the City of Independence discussed at a budget meeting last Thursday the possibility of
adding a shared Fire Trainer/Inspection position for the area fire departments. I was shocked to hear that this was being
discussed and the City of Medina who utilizes all three of your departments for fire services was not included on the
discussions. I have a few questions:
What will this proposed position cost? We have set our preliminary budget for 2016.
• Why was the City of Medina left out of the discussions?
+ Why was the Hamel Fire Department left out of the discussion?
Scott Johnson
City of Medina
2
Scott Johnson
From: Ray McCoy <mccoy5701@gmaii.com>
Sent: Friday, October 02, 2015 8:23 AM
To: Scott Johnson
Subject: Re: Follow-up on Sept. 25th Meeting
I will get you a memo over the weekend with the details. Over all went well,
Consolidation is off the table for now. Both fire chiefs are meeting on their own to try
and rebuild trust with in their respective departments for each other. They have a joint
training set for in November. I have encouraged Hamel Chief Jeff R to try and take
advantage of all the outside officer training they can get. This will help with the younger
firefights. Last year Ruchti did send officers to the State Fire Chief officer training and to
the National Fire Academy officer training which is covered by grant money.
Both are really committed to the Lexipol policy and is their first priority to get in place.
Due to the hectic schedules for the Lexipol group this summer we are a couple months
behind are projected roll out. That process has gone very well and the chiefs are excited
to get it rolled out.
Aver all I'm encouraged by the progress in which both chiefs have a desire to work
together and try and rebuild trust in each other. That's an important first step. I firmly
believe that Hamel is far better today than a year ago, Has been some very positive
steps taken. Jeff R, while not the most experienced fire chief by his own admission, has
been a rock through out this turmoil. He is very committed and a steady hand and most
important keeps his cool. I have been very impressed on how he is focus on making
Hamel better, realizes not going to happen over night.
This is a synopsis of where we are. My personal observation is that their is a feeling that
Hamel and Loretto have to consolidate. If that happen today I feel would end in an epic
failure, not because of the chiefs, but because their would be no buy in from the
firefighters. Their also is the thought of Medina buying out Hamel Fire. While this is
really the only way the city would have direct oversight and the ability to manage day to
day operations most effectively, I truly believe that the city of Medina would need to put
additional money towards the operation, as Hamel is fund raising operational dollars to
do what they are doing.
Hope this helps and maybe after your meeting today, Chief Belland, you and I can
meet next week.
Ray
On Thu, Oct 1, 2015 at 3:46 PM, Scott Johnson Scott.Johnson@ci.medina.mn.us> wrote:
Hi Ray,
i
Could you please send me an e-mail or memo summarizing the meeting you had with Loretto and Hamel FD on
Sept. 25th? I have a meeting with Mayor Mitchell and Council Member Pederson tomorrow morning at 9 AM
and would like to give them your update.
Thanks,
Scott
Ray McCoy
mccoy5701 @gmail.com
612-328-3853
2
Date: October 3, 2015
To: Scott Johnson
Medina City Administrator
From: Ray McCoy
RE: Synopsis of September 25, 2015 meeting with Fire Chiefs
On September 25, 2015 I met with Loretto Fire Chief Leuer and Hamel Fire Chief Ruchti
to discuss the past, present and future plans in which Hamel and Loretto Fire
Departments will work together.
It seems that both chiefs feel there is a high expectation that the two departments
should merge. While both chiefs feel that this is a possibility in the future, and be a
positive outcome for both Loretto and Hamel Fire Department, there is a substantial
amount of ground work to be done before this is brought forward to their individual
departments. Both chiefs recognize that there is a substantial "distrust" among the
membership between the two fire departments. There is many reasons for this and
would be counterproductive to delve into those reasons. Both fire chiefs are meeting on
their own to try and rebuild trust with in their respective departments for each other. This
is a very encouraging and is the best way to rebuild that trust is for the leaders of each
organization work together. They have a joint training set for November and are working
on additional joint training sessions. I fully expect to see many positive results from both
chiefs meeting to share their respective vision, mission and expected outcomes from
their collaborating as neighboring fire chiefs.
Both fire chiefs are really committed to the Lexipol policy and is their first priority to get
in place. Due to the hectic schedules for the Lexipol group this summer the project is a
couple months behind are projected roll out. That process has gone very well and the
four fire department chiefs are excited to get it rolled out. Chief Leuer and Chief Ruchti
have both expressed this policy rollout is their highest priority. This policy roll out will
consist of substantial cross training with the four fire departments involved. This Lexipol
Policy rollout is a high priority for both Chief Leuer and Chief Ruchti and will take
considerable administrative time for both of them.
1 also see that Chief Ruchti is also using many avenues to get additional training for
their officer staff. He has taken advantage of the Fire Officer training the MN Fire Chief
Association puts on each year and also in sending officer to National Fire Academy
(grant funded) training.
Over all I'm encouraged by the progress in which both chiefs have a desire to work
together and rebuild a mutual trust in their respective departments. That's an important
first step. I firmly believe that Hamel is far better today than a year ago. Some very
positive steps have been taken. Chief Ruchti has been a rock throughout this
tumultuous year. He is very committed and professional in dealing with the public
criticism but also with leading Hamel Fire Department.
Chief Leuer and Ruchti have express their appreciation for the city of Medina in setting
the parameters for how the city communicates with them through the city administrator.
From my perspective both departments were being managed or given conflicting
messages from several different sources. In setting up a clear communication process
with Scott Johnson, city administrator has really helped.
The above is a synopsis from my involvement with both chiefs to date. My personal
observation is that there is a strong feeling that Hamel and Loretto have to consolidate.
If that happened today it would end in an epic failure, not because of the chiefs, but
because there would be no buy in from the firefighters. There also is the thought of
Medina buying out Hamel Fire. While this is really the only way the city would have
direct oversight and the ability to manage day to day operations most effectively, I truly
believe that the city of Medina would need to put additional money towards the daily
operation. Hamel is fund raising operational dollars and have a large amount of donated
time to maintain their organization.
Any questions please let me know. Thank you for the opportunity to work with you and
the Loretto and Hamel Fire Departments.
Scott Johnson
From: Ray McCoy <mccoy5701@gmail.com>
Sent: Monday, October 05, 2015 2:00 PM
To: Scott Johnson
Subject: Update memo's
Attachments: Memo 10-3-2015 City of Medina.docx; Fire Inspector -Trainer Memo 10-5-2015.docx
Scott,
Any question let me know.
Ray McCoy
mccov5701@gmail.com
612-328-3853
r�
Date: October 5, 2015
To: Scott Johnson
Medina City Administrator
From: Ray McCoy
RE: Response to Communication from Long Lake, Maple Plain and Loretto Fire
Chiefs
Per you request I have read over the communication from the above fire chiefs
dated September 29, 2015. This project of jointly hiring a trainer/inspector is a
separate process from the Lexipol Policy project and the Hamel/Loretto
discussions. I have not been part of the trainer/inspector discussions. I'm not
sure of the parameters that the trainer/inspector discussions are based on.
Additionally, I have not seen any data that this new jointly hired position is based
on. Consequently, without that information I cannot comment on merits of the
proposal.
I can comment that when I was Maple Plain Fire Chief in the 1990's there was
preliminary discussions with Medina, Orono, Long Lake, Mound, Independence
and Maple Plain clerks/administrator on the merits of a shared Fire
Marshal/Inspector. This discussion has been around for years.
Any other questions please contact me.
' :5
Scott Johnson
From: Ray McCoy - GMAIL <mccoy5701@gmail.com>
Sent: Monday, October 05, 2015 4:15 PM
To: Scott Johnson
Subject Re: Update memo's
Sent from my iPhone
On Oct 5, 2015, at 14:18, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote:
Hi Ray,
Thank you for the information. I have two follow up questions:
1. What in your professional opinion can Hamel FD do to grow stronger?
Yes I truly believe HFD can grow stronger. Chief Ruchti has shown this by couple things. He is big on working
together with other departments. They have huge negative image to overcome that was 20 years in the making. I
have encourage MP, Loretto and Long LAke is come long side of Hamel and assist. I think any one of the
departments had 21 of 29 members with 6 or less years on they would be struggling with getting all firefighters
up to speed.
2. The Maple Plain, Loretto, and Long Lake Chiefs have written "Hamel Fire lacks training, leadership, and
financing." Can you flesh this out for me? Based on your opinion, in what areas does Hamel need to improve?
Again I refer to above young fire fighters. They don't have the luxury of people with experience to mentor
younger firefighters and officers. I do think they are underfunded compared to other departments. In my
personal opinion firefighters should be concentrating on firefighting not fund raising, especially in a bar. That is
my personal opinion.
I have encourage
cChief Ruchti to concentrate on all outside officer training he can send his officers to and concentrate on the
basics and fundamentals.
Would love to sit down and go over these items in more detail.
Thank you,
Scott Johnson
City of Medina
Scott Johnson
From: Ray McCoy - GMAIL <mccoy5701@gmail.com>
Sent: Wednesday, October 07, 2015 4:05 PM
To: Scott Johnson
Subject: Re: Call to Fire Chief's
1 met with both of them this morning for a half hour to bring things to a conclusion. Will be following that up with a
written communication to both of them and will cc you
Sent from my iPhone
On Oct 7, 2015, at 14:31, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote:
Hi Ray,
Have you had a chance to follow-up with phone calls to Chief Ruchti and Chief Leuer as we discussed
yesterday?
Thank you,
Scott Johnson
City of Medina
Scott Johnson
From: Ray McCoy <mccoy5701@gmaii.com>
Sent: Thursday, October 08, 2015 8:46 AM
To: Jeff Leuer; Jeffrey Ruchti; Scott Johnson
Subject: Exit Memo
Attachments: Exit Memo 10-8-2015.docx
Chief Leuer, Chief Ruchti and Administrator Scott Johnson
It has been a fun few months working with everyone. Wish you the best in the future.
Thanks for your hard work for the citizens of Medina.
Ray McCoy
mccoy5701@gmail.com
612-328-3853
i
Date: October 8, 2015
To: Chief Jeff Leuer, Loretto Fire Department
Chief Jeff Ruchti, Hamel Fire Department
Scott Johnson, Medina City Administrator
From: Ray McCoy
RE: Exit Interview
Thank you for meeting with me on Wednesday to go over bringing my
involvement on behalf of the city of Medina to a close. 1 believe that a lot of
progress has been made over the last few months to resolve trust issues,
discuss some very difficult differences between City of Medina, Hamel Fire and
Loretto Fire Department's.
As we have discussed on many occasions the high degree of external
expectation for a merger or consolidation of Loretto Fire and Hamel Fire. While
this is an attainable goal in the future and both fire departments see the long term
benefit, there needs to be a solid foundation built before the merger would be
successful.
I would encourage both Fire Departments and their leadership to continue
working together and support each other. I'm very pleased that the Chief Leuer
and Ruchti are meeting together on a regular basis, have future joint training
sessions planned, working hard and committed to implement the Lexipol policy
project and taking advantage of training opportunities on local and state level.
It has been a great opportunity and a pleasure to work with each of you and your
departments over the past few months. You both are so committed to your role
as chief, your fire department and above all else committed to the citizens you
serve.
If anything I can do to assist you in the future, please let me know. Again thanks
for your dedication to your communities and the fire service.
Scott Johnson
From: Ray McCoy <mccoy5701@gmail.com>
Sent: Thursday, October 08, 2015 5:50 PM
To: Scott Johnson
Subject: Re: FW: Ray
Scott,
It was two fold, one I was hired to facilitate a merger or consolidation and two the chiefs
felt considerable pressure from certain city council members themselves, not sure if real
or not, but defiantly perceived. I purposely didn't go into detail with that as it is water
over the dam, and they have gotten past it and are really trying to get their members in
syn with each department.
Hope this helps.
On Thu, Oct 8, 2015 at 2:06 PM, Scott Johnson<Scott.Johnson@ci.meclina.mn.us> wrote:
Hi Ray,
Can you please clarify the information from the memo for Mayor Mitchell?
Thanks,
Scott
Original Message -----
From: Bob Mitchell[mailto:bob.mitchell@meclinamn.us]
Sent: Thursday, October 08, 2015 1:20 PM
To: Scott Johnson
Subject: Ray
What does "... High external pressure for a merger..." refer to? Who is Ray saying wants a merger? Thanks.
Sent from my iPhone
Ray McCoy
mccoy5701(u�gmail.com
612-328-3853
1
Scott Johnson
From: Ray McCoy <mccoy5701@gmail.com>
Sent: Tuesday, October 20, 2015 4:56 PM
To: Scott Johnson
I left you a voice mail. My sessions went longer than expected. I spoke with Chief
Leurer. He and Chief Ruchti have spoken at length. I have traded voice mails and text
messages with Chief Van Eyl. We are going to try and meet Thursday or Friday night.
Spoke briefly with Chief Eisinger. There is a lot of angst over the letter. You can give me
a call before your council meeting if you want.
Ray McCoy
mccoy5701@gmail.com
612-328-3853
1
.7
2:
Scott Johnson
From: Ray McCoy <mccoy5701@gmail.com>
Sent: Thursday, October 29, 2015 5:00 PM
To: Scott Johnson
Subject: Re: Follow-up
Attachments: Memo 10-28-2015 City of Medina.docx
I have attached memo covering the September 29, 2015 email.
On Thu, Oct 29, 2015 at 10:47 AM, Scott Johnson <Scott.Johnson@ci.medina.mn.us> wrote:
Thanks, Ray!
Ray McCoy
mccoy5701 Azmail.com
612-328-3853
Date: October 28, 2015
To: Scott Johnson
Medina City Administrator
From: Ray McCoy
RE: Synopsis of October 26 meeting with Fire Chief Leuer, Eisinger, Ruchti, Van EyII
On October 26, 2015 at 0800 hrs. 1 met with above fire chiefs whose fire departments
cover the city of Medina per your request. I also invited Public Safety Director Ed
Beiland to the meeting. The subject of the meeting was the "fall out" over an email that
was sent to you dated September 29, 2015. Unfortunately, this communication has
created additional tension with the four fire departments that cover the city of Medina
and has created an attitude of distrust within the Hamel Fire Department towards
Loretto Fire Department, Long Lake Fire Department and Maple Plain Fire Department.
On Friday, October 23, 2015 I met with Public Safety Director Ed Beiland to discuss the
chilling effect that this communication had not only with the fire departments but also the
Medina city staff and council members. My thoughts were that Chief Van EyII, Chief
Leuer and Chief Eisinger had no intentions of causing tension or distrust with Hamel
Fire Department. Both Director Belland and myself felt strongly that the four fire chiefs
need to hear the same communication from Director Beiland and myself in representing
the City of Medina concerning working together and the unintended results of the
September 29, 2015 communication to you.
At the meeting with the four fire chiefs on October 26 I gave a brief history of my
involvement on behalf of the City of Medina with Loretto and Hamel Fire Departments. I
briefly went over the process and end result of the dialog between Loretto and Hamel
Fire Department. My discussion concentrated on the fourth paragraph "Why was the
Hamel Fire Department left out of the discussion?" I explained from the City of Medina
and Public Safety that I strongly believe this part of the communication sent the wrong
message and the chiefs have to resolve to work together. I ask if they were committed
to work together as a team to complete the Lexipol project and received a 100 percent
commitment to this ongoing project. 1 also very clearly communicated that if any one of
the chiefs had a specific articulable issue with the City of Medina that they should
contact you and set up an appointment to meet in person to address the issue versus
email communication. If the issue or problem is with a specific fire department to meet
with that chief to address the issue.
Public Safety Director Ed Beiland very clearly communicated his trust and confidence in
all four departments in their response to any public safety incident in the City of Medina.
Chief Beiland stated he expected that the four departments will continue to work
together in the future as they have in the past. I also have no doubt that this working
together on calls for service will continue and that the citizens of Medina will see no
disruption in the delivery of service.
It has been clearly communicated to Chief Leuer, Chief Van EyII, Chief Ruchti and Chief
Eisinger that any further communication concerning the above reference paragraph
needs to addressed directly to you. They regret the tension it has caused and agree the
communication could have been more clear.
Any other questions please feel free to give me a call.
MEDINA
October 30, 2015
Bruce Roed
State Fire Marshal Division
445 Minnesota Street, Suite #145
St. Paul, MN 55101-5145
RE: Shared Fire and Rescue Services Study
Dear Mr. Roed,
CITY OFFICE
2052 County Road 24, Medina, MN 55340,9790
ADMINISTRATION / PLANNING & ZONING / PUBLIC WORKS
P: 763-473.4643 f:763.473.9359
e: cify@ci.medina.mn.us
PUBLIC SAFETY
a: 763-473-9209 f 763-473-8858
The Loretto Fire Department Inc., Maple Plain Fire Department, and Long Lake Fire Department provide
fire and rescue services for the City of Medina through fire service contract agreements.
The City of Medina, by means of this correspondence, wishes to express its intent to study the fire
service areas served by the following four fire departments: Maple Plain, Long Lake, Loretto, and
Mound. The results of this study and a successive timely implementation will potentially benefit all 13
communities that the four fire departments currently serve.
The intention of the study would be to facilitate efficiency of staffing operations and improve firefighter
training by means of sharing resources and services within the four fire departments and the 13
neighboring jurisdictions. The City of Medina is supportive of this pursuit.
Please accept this letter of support on behalf of the City of Medina for consideration of an award under
the Minnesota Department of Public Safety Fire and Rescue Shared Service Grant Program.
You may feel free to contact me with any questions.
SinceXely,
Scott Johnson
City Administrator
Kelly & Lemmons, P.A.
ATTORNEYS AT LAW
November 5, 2015
James Van Ey11
340 Willow Dr N
Long Lake, MN 55356
• Joseph A. Kelly
ikellv@a,kellyandlemmons com
VIA US MAIL
Re: Your Correspondence to the City of Medina
Dear Mr. Van Eyll,
Our firm represents the Hamel Volunteer Fire Department (hereinafter "Department").
I write regarding recent correspondence with the City of Medina which you coauthored with two
other local fire chiefs. Your correspondence is an attempt to interfere with the contractual
relationship between the City of Medina and the Department. Not only is it interfering with a
current contractual relationship, but it is also interfering with contract negotiations. Regrettably,
the correspondence is also libelous in nature. The intent and actual result of the correspondence
to the City of Medina seeks to damage the reputation and the business operations of the
Department. You state that the "City of Medina has a problem and it is Hamel Fire." You go on
to disparage the Department's name by claiming it lacks leadership, training and financing.
Finally, you claim the only way to fix the issue is to get rid ofHamel Fire Department all
together.
The Department has formally been in existence since 1947. Throughout its history, it has spent
decades serving the community and establishing a strong, positive reputation for the work that
the Department does and the people that make up the Department. You are aware of the
relationship between the City of Medina and the Department. You made false, destructive, and
defamatory statements about the Department to the City of Medina. This letter serves as a formal
cease and desist demand. The Department demands that you cease and desist all defamation of
the Department's name and reputation.
Particularly offensive with your actions is that you are a municipal official. Most offensive is
that your defamatory statements and tortious interference with contract were done, at least in
223 LITTLE CANADA ROAD EAST, SUITE 200 = LITTLE CANADA, MINNESOTA 55117
TELEPHONE 651224-3781 . FACSIMILE 651-223-8019
www.kellyandlemmons.com
November 5, 2015
Page 2 of 2
part, in your capacity as the Chief for your department.
Because your actions are also torts under Minnesota Law, I am also copying the City
Administrator for the City of Long Lake, Scott Weske, as a notice of a claim under Minn. Stat. §
466.05.
If you have any questions, please contact me at your convenience.
Kindest regards,
KELLY & LEMMDNS, P.A.
cc: Scott Johnson, City Administrator, City of Medina.
Hamel Volunteer Fire Department
Scott Weske, City Administrator, City of Long Lake
Kelly & Lemmons, P.A.
A TTORNEYS AT LAW
November 5, 2015
Jeff Leuer
259 North Medina St,
Loretto , MN 55340
• Joseph A. Kelly
jkelly@kellyandlemrnons.com
VIA EMAIL & US MAIL
Re: Your Correspondence to the City of Medina
Dear Mr. Leuer,
Our firm represents the Hamel Volunteer Fire Department (hereinafter "Department").
I write regarding your recent correspondence with the City of Medina. Your correspondence
appears to be an attempt to interfere with the contractual relationship between the City of Medina
and the Department. Not only is it interfering with a current contractual relationship, but it is
also interfering with contract negotiations. Regrettably, the correspondence is also libelous in
nature. The intent and actual result of the correspondence to the City of Medina seeks to damage
the reputation and the business operations of the Department. You state that the "City of Medina
has a problem and it is Hamel Fire." You go on to disparage the Department's name by claiming
it lacks leadership, training and financing. Finally, you claim the only way to fix the issue is to
get rid of Hamel Fire Department all together.
The Department has formally been in existence since 1947. Throughout its history, it has spent
decades serving the community and establishing a strong, positive reputation for the work that
the Department does and the people that make up the Department. You are aware of the
relationship between the City of Medina and the Department. You made false, destructive, and
defamatory statements about the Department to the City of Medina. This letter serves as a formal
cease and desist demand. The Department demands that you cease and desist all defamation of
the Department's name and reputation.
If you have any questions, please contact me at your convenience.
223 LITTLE CANADA ROAD EAST, SUITE 200 . LITTLE CANADA, NIINNESOTA 55117
TELEPHONE 651 224-3781 . FACSIMILE 651-223-8019
www.kellyandlemmons.com
November 5, 2015
Page 2 of 2
Kindest regards,
KELLY & LEMMON5, P.A.
cc: Scott Johnson, City Administrator, City of Medina
Hamel Volunteer Fire Department
Loretto Fire Department Board
Kelly & Lemmons, P.A.
ATTORNEYS AT LAW
November 5, 2015
David Eisinger
City of Maple Plain
1645 Pioneer Ave
Maple Plain, MN 55359
Joseph A. Kelly
jkellygkellYandlemmons.com
VIA US MAIL & EMAIL
Re: Your Correspondence to the City of Medina
Dear Mr. Eisinger,
Our firm represents the Hamel Volunteer Fire Department (Hereinafter "Department").
I write regarding recent correspondence with the City of Medina which you coauthored with two
other local fire chiefs. Your correspondence is an attempt to interfere with the contractual
relationship between the City of Medina and the Department. Not only is it interfering with a
current contractual relationship, but it is also interfering with contract negotiations. Regrettably,
the correspondence is also libelous in nature. The intent and actual result of the correspondence
to the City of Medina seeks to damage the reputation and the business operations of the
Department. You state that the "City of Medina has a problem and it is Hamel Fire." You go on
to disparage the Department's name by claiming it lacks leadership, training and financing.
Finally, you claim the only way to fix the issue is to get rid of Hamel Fire Department all
together.
The Department has formally been in existence since 1947. Throughout its history, it has spent
decades serving the community and establishing a strong, positive reputation for the work that
the Department does and the people that make up the Department. You are aware of the
relationship between the City of Medina and the Department. You made false, destructive, and
defamatory statements about the Department to the City of Medina. This letter serves as a formal
cease and desist demand. The Department demands that you cease and desist all defamation of
the Department's name and reputation.
Particularly offensive with your actions is that you are a municipal official. Most offensive is
223 LITTLE CANADA ROAD EAST, SUITE 200 . LITTLE CANADA, MINNESOTA 55117
TELEPHONE 651-224-3781 . FACSIMILE 651-223-8019
www.kellyandlemmons.com
November 5, 2015
Page 2 of 2
that your defamatory statements and tortious interference with contract were done, at least in
part, in your capacity as the Chief for your department.
Because your actions are also torts raider Minnesota Law, I am also copying the City
Administrator for the City of Maple Plain, Tessia Melvin, as a notice of a claim under Minn.
Stat. § 466.05.
If you have any questions, please contact me at your convenience.
Kindest regards,
KELLY & LEMMONS, P.A.
Joseph Kelly
cc: Scott Johnson, City Administrator, City of Medina
Hamel Volunteer Fire Department
Tessia Melvin, City Administrator, City of Maple Plain
Memo to the File
November 9, 2015
I spoke to Chief Van EyII regarding the letter he received dated November 5, 2015 from Attorney Joseph
Kelly (written on behalf of the Hamel FD). I explained that + had not received the correspondence.
November 9, 2015
I spoke to Chief Dave Eisinger regarding the letter he received dated November 5, 2015 from Attorney
Joseph Kelly (written on behalf of the Hamel FD). I explained that I had not received the
correspondence.
November 9, 2015
I returned a voice mail message to Chief Jeff Leuer regarding the letter he received dated November 5,
2015 from Attorney Joseph Kelly (written on behalf of the Hamel FD). I explained that I had not received
the correspondence in my message.
November 10, 2015
I received the letters from Attorney Joseph Kelly (written on behalf of the Hamel FD). The
correspondence was shared with the Medina City Council.
Memo to the File
November 12, 2015
A conference call was held with Mayor Mitchell and City Attorney Ron Batty regarding the September
29, 2015 e-mail from Chief Van Eyll, Chief Leuer, and Chief Eisinger to me regarding the Hamel Fire
Department and the November 5, 2015 letter from Attorney Joseph Kelly (on behalf of Hamel FD) to the
three fire chiefs.
The correspondence was discussed. Mr. Batty did not think Medina was responsible for any legal issues
that could come from the correspondence.
Mayor Mitchell requested Ron Batty review all four fire contracts and to specifically review the
following:
Proposed changes from the Hamel FD
• All four auto renewal clauses
• Any performance clauses that warrant change
Date: November 13, 2015
To: Scott Johnson
Medina City Administrator
From: Ray McCoy
RE: October Invoice —Final
Find attached the log for services render tram October 9 to October 29, 2015 for the
City of Medina. Time invoiced is 3.82 hours at $100 per hour for a total invoice amount
$382.00
Any questions please let me know. It has been a pleasure to assist the City of Medina.
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