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Hillsboro Area Fire Association

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[12/12/89]

FIRE PROTECTION AGREEMENT

 

           

            THIS AGREEMENT, made and entered into on the dates set out at the foot hereof, by and between the City of Hillsboro, Vernon County, Wisconsin, hereinafter called “the City,” the Hillsboro Fire Department, Hillsboro, Vernon County, Wisconsin, hereinafter called “the Department,” and the Townships of Hillsboro, Greenwood, Forest, and Union, Vernon County Wisconsin, and the Township of Wonewoc, Juneau County, Wisconsin, all of said townships being collectively referred to herein as “the Townships,” WITNESSETH:

 

            WHEREAS the parties hereto are desirous of entering into a contract providing for fire protection to the areas described in this agreement;

 

            NOW THEREFORE it is hereby mutually agreed by and between the parties hereto in consideration of the mutual promises contained herein as follows:

 

            1.            Formation of Association. The parties do hereby form an association for the purpose of carrying out the objectives of this Agreement. The association shall be known as the “Hillsboro Area Fire Association” and shall be referred to herein as “the Association.”

 

            3.            Housing of Equipment. The Association’s equipment shall be housed in such building or buildings as designated by the Association.

 

            4.            Payment of Expenses. The expenses of the Association shall be paid from the treasury of the Association. The parties hereto shall contribute to the treasury in the proportions set out hereinafter in this agreement. Expenses which shall be so paid include purchase, operation, maintenance, and repair of trucks and equipment, purchase, construction, and maintenance of buildings, and all necessary insurance, as well as all other expenses approved by the Association or necessary for carrying out the business of the Association. The Association shall also pay the Workers Compensation insurance premiums for the fire fighters. If the Association is unable to secure such coverage, then the City shall secure such coverage and the Association shall reimburse the City for the premiums.

           

            5.            Association Procedure. The Association shall be governed by a board of directors. Each Township, which has, less than nineteen sections of its land protected by the Association shall have one director. Each Township which has nineteen or more sections of its land protected by the Association shall have two directors. The City shall have four directors. The Department shall have one director designated by the Department. Each director shall be entitled to one vote in the affairs of the Association, and shall serve at the pleasure of his or her respective government unit, with the exception of the President who may only cast a vote in the event of a tie. Any vacancy in the office of director shall be filled by the government unit affected by the vacancy. The

 directors shall elect a President, Vice-President, and Secretary-Treasurer, such offers to be elected from the directors, except that a person not a director may be elected to the position of Secretary-Treasurer, to serve with or without compensation, upon a majority vote of the directors. Said officers shall hold office for one year and until their successors are elected and qualified, except that the first officers so elected shall hold office until the first annual meeting. The Association shall hold an annual meeting on the first Monday of May of each year, or at such other time as the Association shall determine. The Association shall hold such additional meetings throughout the year at such times and places as may be necessary to carry out the business of the Association. The directors shall adopt by-laws, which shall govern the proceedings of the association.

 

            6. Payment for Work Hours and Water Usage.  The Department shall file monthly with the Association Secretary-Treasurer a bill for work hours for the firefighters, detailing the work hours attributable to calls in each individual Township and the City during that billing period. The City shall file monthly with the Association Secretary-Treasurer a bill for water usage, detailing the amount attributable to water usage by each individual Township during that billing period. These bills shall be paid by the Association Secretary-Treasurer, who shall then bill to and receive from the Townships and the City those bills paid on their behalf. It is the intent of this paragraph that the ultimate cost for work hours and water usage shall be borne by the City and each individual Township according to the cost incurred by each of them, except that the City and the Townships may pass these costs on to individual property owners as each may elect to do and as provided by law. The rates and conditions for payment of work hours shall be as agreed upon from time to time by the Association and the Department. Said work hours shall be computed from the time when the trucks or equipment leaves the station house in response to a call and shall continue until said trucks or equipment has been returned to the station house, serviced, and put in readiness for response to the next call. Work hours shall be paid from and after the return of said trucks or equipment to the station house only for those persons required to service said trucks or equipment. Each fractional work hour for each individual firefighter shall be computed as a full hour. Charges for work hours for meetings and drills shall be borne by the Association treasury. The Association shall also pay a fee as agreed upon from time to time by the Association and the Department for services of the fire inspector.

 

            7.            Setting the Budget.  The Department shall present to the Association at each Association annual meeting a proposed budget for the next twelve months. The Association shall review the proposal and approve such budget, as it deems appropriate. The approved budget shall be paid from the Association treasury.

 

8.            Funding of Association Treasury. Contributions to the Association treasury shall be made by the following parties in the following proportions:

 

 

 

 

 

(a)            City of Hillsboro-                 50.00%

            (b)            Town of Hillsboro-               16.46%

            (c)            Town of Greenwood-           15.46%

            (d)            Town of Forest-                  12.56%

            (e)            Town of Union-                     2.90%

            (f)            Town of Wonewoc-                2.41%

 

The percentages for the respective Townships are determined as the percentage which all of the sections of land lying within each Township and protected by the Hillsboro Area Fire Association bears to the total number of sections protected by the Hillsboro Area Fire Association, the City not included. All partial sections shall be counted as whole sections. The Association Secretary-Treasurer shall bill each of the above parties for one-fourth of its total annual contribution, quarterly. In the event that such contributions prove to be insufficient to meet the expenses during year, the directors shall approve such further contributions as may be necessary, and such additional contributions shall be in the same percentages as set out above.

 

            9. Instruction of Public. The city and Townships shall instruct the populous of the areas covered by this Agreement as to how and where fire calls shall be made. The City and the Townships shall also establish a method of property identification designed to assist the Department in determining the site at which response is required when a call is received.

           

            10.  Mutual Aid Agreements. The Association shall approve such mutual aid agreements with other fire departments and fire protection districts as the directors deem to be in the best interest of the Association. In addition thereto, the Fire Chief or other officer in charge of the Department may authorize the dispatch of trucks or equipment to calls from departments with which there is no mutual aid agreement if the judgment of the Fire Chief or said officer said dispatch can be made without unduly creating an adverse effect on the protection furnished to the members of the Association. The territorial limits specified in this Agreement shall be absolute and no trucks or equipment shall be sent to any call outside of said limits except pursuant to this paragraph. All costs incurred pursuant to approved mutual aid agreement or responses to departments with which there is no mutual aid agreement shall be paid from the Association treasury. The Association hereby ratifies all existing and effective mutual aid agreements of which the Department is currently a member.

 

            11.  Responsibilities of the Department.  The Department shall respond to all proper calls for its services in the territorial limits specified in this Agreement. Response to calls shall be according to the order received. The Department officer in charge at the time shall withdraw trucks and/or equipment and/or firefighters from the first call to respond to subsequent calls when that officer deems that such withdrawal can be made without substantially increasing the likelihood of loss at the site of the first call. The Department shall send an adequate number of firefighters in response to a call, provided that an adequate number of firefighters are available. The Department officer in charge may call in from other fire departments or fire districts such additional trucks, equipment and firefighters as said officer deems necessary under the circumstances and this decision shall be final. The Department firefighters shall be trained in the use and operation of the Association’s trucks and equipment. The Department shall use all reasonable means to extinguish the fires reported to it, to contain the same, to protect adjoining buildings, to make extrication calls which may be part of its mission, and to maintain and properly use the Association’s trucks and equipment. The Department shall not respond to a call to any site in the territorial limits specified in this Agreement which cannot be reached by a highway of good and passable conditions for the trucks and equipment. While the Department shall make every reasonable effort to respond to all calls, the judgment of the Department officer in charge as to when and where roads are in good and passable condition shall be final. The internal operation of the Department shall be governed by the Department’s own rules and regulations, except to the extent that such rules and regulations are inconsistent with or superseded by provisions of this Agreement, as amended from to time.

 

            12.            Liability and Insurance. The Association shall keep in full force and effect insurance against loss or damage to the Association’s trucks and equipment in such amounts as the Association deems appropriate. The Association shall also keep in full force and effect public liability insurance in such amounts as the Association deems appropriate. Irrespective of whether the Association carries such public liability insurance, the Association shall indemnify and hold harmless the Department and all of its members from all claims made against them arising while in pursuit of the their duties hereunder. The duty of the Association toward the Department and its members in this regard shall be the same, as that duty owed to public employees by municipal employers pursuant to Wisconsin Statues.

 

            13.  Area Covered. The territory entitled to protection pursuant to     this agreement is as follows:

(a) The entire City of Hillsboro, Vernon County, Wisconsin.

(b)   The entire Township of Hillsboro, Vernon County, Wisconsin,sections

(c)    1-36, except the 1 1/2 sections comprising the City of Hillsboro.  

            (c)   The following sections in the Township of Greenwood, Vernon                               County, Wisconsin: 1 through 28 and 33 through 36.

            (d)   The following sections in the Township of Forest, Vernon County,                      Wisconsin: 1,2,3, 10 through 16, and 21 through 36. 

     (e)  The following sections in the Township of Union,Vernon    County, Wisconsin: 1,2,3,10,11, and 12.

            (f)   The following sections in the Township of Wonewoc, Juneau       County, Wisconsin: 18,19,29,30, and 31.

 

This agreement may be extended to cover such additional territory, whether within or without the boundaries of the governmental units represented herein, upon such terms and conditions, as the Association shall direct.

           

            14. Term of Agreement. This agreement shall be in full force and effect from February 1, 1990, until January 1, of each succeeding year. This Agreement shall automatically renew on each January 1, for another year. Any part hereto may terminate its participation in this Agreement on January 1, of any year, providing that said terminating party gives written notice of its intent to do so to all other parties hereto no later than 90 days prior to January 1.

 

            15.  Withdrawal by Party or Parties. Any withdrawing party shall sell its interest in the Association’s trucks and equipment to the Association. The sale price shall be cost less depreciation. Depreciation on trucks and other similarly long-lived equipment that was purchased new shall be computed on a straight-line basis of 15 years. Depreciation on all other equipment, including that which was not new when purchased, shall be computed on the basis of the regularly accepted life for such equipment. The withdrawing party shall receive no reimbursement from the Association nor have any further interest in any vehicle or equipment which is either fully depreciated or which has no cost basis to the Association at the time of withdrawal.

 

            16.   Priority of Contract. This agreement shall supersede all existing contracts for fire protection between the parties hereto.

           

The following amendments to the Fire Protection Agreement were agreed upon by the Association at the 1998 Annual Meeting, as changes to the original Agreement dated 12/12/89.

 

(a)  Removed paragraph, 2. Equipment. The parties shall contribute the                   following equipment to the Association at no cost to any party:                             (Equipment List)

            (b)  Removed from paragraph 3. Housing of Equipment “If such building or                   buildings are owned by the City, the Associations shall pay the City                       the sum of $300.00 per month as rental therefore.”

            (c)  Changed paragraph, 5. Association Procedure. From “The City shall                     have three directors”. To “The City shall have four directors’.

            (d)  Added to paragraph, 5. Association Procedure. “with the exception of                   the president who may only cast a vote in event of a tie”.

            (e)  Changed paragraph, 13. (b) “the southeast Quarter (SE 1/4) of                               section 12”. To “southwest Quarter (SW 1/4) section 12”.    

 

 

 

 

 

 

 

 

 

 

The following amendments to the Fire Protection Agreement were agreed upon by the Association at the July 17, 2007 Meeting, as changes to the original Agreement dated 12/12/89.

 

(a)    Changed paragraph 8. Funding of Association Treasury.Contributions to the Association treasury shall be made by the following parties in the following proportions from:

(a) City of Hillsboro-                                50.00%

(b) Township of Hillsboro                         15.15%

(c) Township of Greenwood                     16.16%

(d) Township of Forest                            13.13%

(e) Township of Union                               3.03%

(f) Township of Wonewoc                          2.53%

(b) Changed paragraph 13. (b) The following sections in theTownship of Hillsboro, Vernon County, Wisconsin: 4 through 10, the south one-half (S1/2) of section 11, the southwest Quarter (SW 1/4) of section 12, and the sections 13 through 36, except the 1 1/2 sections comprising the City of Hillsboro.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN WITNESS WHEREOF the undersigned have set their hands and seals to this Agreement pursuant to the specific authority and direction of each Municipal Board and of the members of the Hillsboro Fire Department on the dates set out next to said signatures.

 

 

City of Hillsboro, by:

 

 

Alan Picha, Mayor                                                             Date

 

 

Jane Alexander, Clerk                                                        Date

 

 

Township of Hillsboro, by:

 

 

James Stekel, Chairman                                                    Date

 

 

John J. Amberg, Clerk                                                       Date

 

 

Town of Greenwood, by:

 

 

Dan Redington, Chairman                                                  Date

 

 

Kathryn Granger, Clerk                                                      Date

 

 

Township of Forest, by:

 

 

Thomas V. Spenner, Chairman                                          Date

 

 

Deborah Ferries, Clerk                                                      Date

 

 

 

 

 Township of Union, by:                             

 

 

 

Elgin Fanta, Chairman                                                       Date

 

 

 

Elaine Fronk, Clerk                                                            Date

 

 

 

Township of Wonewoc by:            

 

 

 

Richard Santas, Chairman                                                   Date

 

 

 

Kathy Retzlaff, Clerk                                                           Date

 

 

 

 

Hillsboro Fire Department, by:

 

 

 

Dennis P. Benish, Fire Chief                                               Date

 

 

 

Thomas Hotek, Secretary                                                   Date

 

 

 

 

 

 

 

 

 

 

[04-01-98]

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President Spenner called the meeting to order at 7:00 p.m.


Roll Call: Tom Spenner, Greg Kubarski and Jennifer Burchell

City of Hillsboro:  Richard Sebranek and Darrow Novy

Town of Forest:  Bill Schiller

Town of Greenwood:  Tom Skala and Leo Verbsky

Town of Hillsboro:  Ray Mislivecek

Town of Union:  Elgin Fanta

Town of Wonewoc:  Absent

Fire Department:  Assistant Chief Tom Hotek


All municipalities noted that the meeting had been properly posted.


No public input.


Minutes of the October 20, 2009 quarterly meeting were presented.  Ray Mislivecek made a motion to approve the minutes, seconded by Elgin Fanta.  Motion carried.


The 4th quarter financial statements were presented and reviewed.  The 2009 expenses came in $14,856.52 under budget.  The fire department has upcoming expenses totaling approximately $13,000, including ten new pagers, repairs to Engine One, the matching portion of the DNR equipment grant, and two uniforms.  Richard Sebranek made a motion to add $14,856.52 to the 2010 contingency account, seconded by Greg Kubarski.  All voted in favor.  Motion carried.  The $10,000 CD will be renewed.  $15,000 will be moved to a six-month CD.  Bill Schiller made a motion to accept the 4th quarter 2009 financial statements, seconded by Darrow Novy.  Motion carried.


Discussion was held regarding the 2% dues money received by each municipality.  Elgin Fanta stated that the town of Union pays a proportionate share of their 2% dues to the LaFarge and Yuba fire departments, in addition to their annual dues.  Hillsboro Area Fire Association refunded their payment in a previous year, as all of the other municipality members included the 2% dues as a part of their annual fees due to the association.  Elgin stated he believes this lacks a paper trail.  Darrow Novy made a motion to table this matter until the October quarterly meeting, when the 2011 budget will be approved.  Greg Kubarski seconded.  All voted in favor.  Motion carried.


Assistant Chief Tom Hotek reported the following:

  • The 2010 DNR Grant is waiting for final approval.  The fire association portion is 50%, or approximately $4,000.
  • There hasn’t been a response regarding the FEMA grant for fire department uniforms.
  • There are three firefighters taking entry level classes, and one new firefighter who will be taking this class.  The fire department currently has 32 members.  
  • The brakes on Engine One still seize.
  • A dry hydrant will be installed this spring.


The next meeting was set for Monday, April 26, 2010 at 7:00 p.m. at the fire station.  Bill Schiller made a motion to adjourn, seconded by Assistant Chief Tom Hotek.  Motion carried.