City Commission

CITY COMMISSION AGENDA COMMISSION CHAMBERS 4243 REMEMBRANCE RD. NW MONDAY, MAY 20, 2024 6:30 PM Committee of the Whole Meeting a) Discussion on Consent Agenda Items 7:00 PM Regular Commission Meeting 3. Invocation - Commissioner Burke 4. Pledge of Allegiance 5. Roll Call - Present: Mayor Pro Tem Gilbert, Commissioners Thom Burke, Roxanne Deschaine, Jessica Babcock, Melanie Grooters and Elaina Huizenga- Chase 6. Approval Of Absence Mayor Carey's Absence 7. Approval of Minutes a) 5-13-2024 Commission Meeting Minutes 8. Public Comment on Agenda Items (5 minute limit per person) 9. Consent Agenda (All items under this section are considered to be routine and will be enacted by one motion with no discussion. If discussion is desired by a Commission member, that member may request removal of an item from the Consent Agenda.) a) Expenditures in the amount of $368,113.44 10. Resolutions a) RES 24-716 to Amend City of Walker Fiscal Year 2023- 2024 Budget 11. Ordinances a) ORD 24-675 Second Reading - To Amend Chapter 22, Article I, to Add a New Section 22-16, to be Entitled "Police Department Non-Preference Towing," to the Code of Ordinances of the City of Walker, Michigan. Page 1 of 35 12. Other Public Comment 13. Commissioner and City Manager Comments 14. Adjournment 15. Meeting Schedule June 10, 2024 Commission Meeting at 6:30 PM June 17, 2024 Commission Meeting at 6:30 PM Page 2 of 35  CITY COMMISSION MINUTES COMMISSION CHAMBERS MONDAY, MAY 13, 2024 6:30 PM Committee of the Whole Meeting Police Chief, Keith Mankel, spoke to the Commission on the proposed non- preference towing policy. He stated that there are currently no guidelines and the City's attorney recommends an ordinance and policy. The policy will make sure towing companies are not taking advantage of customers and would require all drivers to have a background check on file, all paperwork submitted, and an inspection of their facility. City Planning Director, Paula Priebe and McKenna Representative, Chris Khorey, presented to the Commission on the proposed amendments to the City's Master Plan. P. Priebe reviewed and explained the section regarding increasing housing supply through gentle density mapping, transit oriented development, and RPUD-3 zoning. C. Khorey spoke regarding the West Standale Development Vision stating that the goal is to provide the Planning Commission with a clear set of City goals to be applied when evaluating proposals. Questions and comments were heard; discussion took place. Regular Commission Meeting Invocation by Mayor Carey followed by the Pledge of Allegiance Present: Mayor Gary Carey Jr., Commissioners Steven Gilbert, Thom Burke, Roxanne Deschaine, Jessica Babcock, Melanie Grooters and Elaina Huizenga-Chase Approval of Minutes 4-22-2024 Commission Meeting Minutes Motion by Elaina A. Huizenga-Chase, seconded by Roxanne Deschaine to approve the 4-22-2024 Meeting Minutes. Motion Carried. Public Comment on Agenda Items - None Consent Agenda City Commission Minutes 5-13-24 Page 1 of 3 Page 3 of 35  Expenditures in the amount of $664,832.16 Motion by Jessica Babcock, seconded by Melanie Grooters to approve the consent agenda. Motion Carried. Resolutions Res 24-715 Distribution of 2024 Master Plan Amendment Motion by Thom Burke, seconded by Jessica Babcock to approve Res 24-715 Distribution of 2024 Master Plan Amendment. Motion Carried. Ordinances ORD 24-675 First Reading - To Amend Chapter 22, Article I, to Add a New Section 22-16, to be Entitled "Police Department Non-Preference Towing," to the Code of Ordinances of the City of Walker, Michigan. Motion by Steven Gilbert, seconded by Roxanne Deschaine to approve ORD 24- 675 First Reading - To Amend Chapter 22, Article I, to Add a New Section 22- 16, to be Entitled "Police Department Non-Preference Towing," to the Code of Ordinances of the City of Walker, Michigan.. Motion Carried. Other Public Comment - None Commissioner and City Manager Comments - Clerk Goudy spoke regarding the May 7, 2024 special election and thanked all those involved in making election day successful. Comm. Gilbert spoke of the finance committee meeting that took place earlier in the evening; attended the all employee luncheon on May 8; attended the Community Economic Development Association of Michigan Conference. Comm. Babcock reminded the Commission of Safety Day that is taking place Saturday, May 18; expressed concerns regarding traffic due to road closures. Comm. Grooters stated that there is a traffic committee meeting tomorrow (Tues., May 14) at 2:00pm; attended the Kent County Quarterly Quadrant meeting. Comm Chase referenced the May 1st Planning Commission meeting. Comm. Deschaine attended the Community Engagement and Finance Committee meetings. Comm Burke Attended the Senior Neighbors lunch. Manager Schmalzel said the hearing for the proposed 2024/2025 FY budget is anticipated to be held at the June 10 City Commission meeting; stated the Standale survey received over 600 responses; the next DDA meeting will take place in Hudsonville next Tuesday, May 21. Mayor Carey invited the City Commission to next weeks DDA meeting at Terra Square in Hudsonville; Thanked HR director, Shannon Bales, for the the employee luncheon; reminded the Commission that the May 27th commission meeting has been moved to May 20 due to Memorial Day; referenced firefight recognition day on May 11, public service week, Municipal Clerk recognition day, and Police appreciation week. City Commission Minutes 5-13-24 Page 2 of 3 Page 4 of 35 Adjourned at 7:15 PM City Commission Minutes 5-13-24 Page 3 of 3 Page 5 of 35 Page 6 of 35 Page 7 of 35 Page 8 of 35  05/15/2024 11:31 AM CHECK DISBURSEMENT REPORT FOR CITY OF WALKER Page 4/6 User: lrosner CHECK DATE FROM 05/09/2024 - 05/15/2024 DB: Walker Check Date Bank Check II Invoice Payee Description GL # Amount 05/15/2024 MPOOL 209503 JUROR JUROR FOR 04/26/2024 TRIAL 101-286-808.600 18.80 05/15/2024 MPOOL 209504 33352 ON DUTY GEAR LLC POLICE UNIFORMS - DEGROOT 101-301-768.200 1,400.90 05/15/2024 MPOOL 209505 4042-000043454 OTTAWA COUNTY FARMS LANDFILL,STREET SWEEPINGS 203-449-781.000 560.60 05/15/2024 MPOOL 209506 1302125 PINE REST MENTAL HEALTH SERVJPRE-EMPLOYMENT PSYCH EVALUATION 101-270-803.600 1,250.00 05/15/2024 MPOOL 209507 1025303736 PITNEY BOWES RED INK CARTRIDGES (2) - POSTAGE MElOl-272-727.000 531.18 05/15/2024 MPOOL 209508 1448 PRIME DRAIN CLEANING LLC SERVICE CALL - COMMUNITY PARK MEN'SlOl-751-934.400 220.00 05/15/2024 MPOOL 209509 ACCTll:6317 SAM'S CLUB APRIL 2024 STATEMENT 101-272-960 .100 200.00 05/15/2024 MPOOL 209510 10010465 SCHNEIDER TIRE OUTLET INC TIRE REPAIR (1) - DPW 661-585-937.100 30.00 05/15/2024 MPOOL 209511 JUROR JUROR FOR 04/26/2024 TRIAL 101-286-808.600 22.00 05/15/2024 MPOOL 209512 JUROR JUROR FOR 04/26/2024 TRIAL 101-286-808.600 19.00 05/15/2024 MPOOL 209513 JUROR JUROR FOR 04/26/2024 TRIAL 101-286-808.600 18.72 Page 9 of 35 05/15/2024 MPOOL 209514 7000509963 STAPLES BUSINESS ADVANTAGE CCVARIOUS OFFICE SUPPLIES - APRIL 202 101-240-727.000 9.48 209514 7000509963 VARIOUS OFFICE SUPPLIES - APRIL 202 101-272-727.000 181.00 190.48 05/15/2024 MPOOL 209515 551-636594 STATE OF MICHIGAN SOR FEE (1) 101-301-812.200 30.00 05/15/2024 MPOOL 209516 INDEX U9182 STATE OF MICHIGAN 2022 MICHIGAN TAPE FOR 49534 & 4954101-240-960.000 1,787.90 05/15/2024 MPOOL 209517 REIMBURSEMENT STEVE WITKOSKI FY 2023/24 PROTECTIVE FOOTWEAR REIM 661-590-771.000 143.10 05/15/2024 MPOOL 209518 8384282 STRENGTHIO FITNESS LLC REPAIRS TO VARIOUS WIFC FITNESS EQU 298-772-932.200 678.75 05/15/2024 MPOOL 209519 05152024-13 THE ROSSOW GROUP BASIC FOIA CLASS - K KRZYWONOS 101-301-961.000 195.00 209519 05142024-7 BASIC FOIA CLASS - J STORA 101-301-961.000 195.00 390.00 05/15/2024 MPOOL 209520 314484612 TRANE US INC HVAC CONTROL UPGRADES-CITYWIDE-PAY 101-901-980.600 45,000.00 05/15/2024 MPOOL 209521 810075-202404-1 TRANSUNION ACCOUNT ID: 810075 - APRIL 2024 101-301-814.000 120.00 05/15/2024 MPOOL 209522 BC230060 TRUBUILT BUILDERS LLC BD Bond Refund 701-000-256.016 200.00 05/15/2024 MPOOL 209523 IN-00020692 VAN MANEN PETROLEUM GROUP, I�OIL ONLY BOOM - FIRE 101-336-740.500 310.07 209523 IN-00021086 MONTHLY BILLING FEE - MAY 2024 661-590-785.000 97.00 407.07 05/15/2024 MPOOL 209524 JUROR JUROR FOR 04/26/2024 TRIAL 101-286-808.600 24.40 05/15/2024 MPOOL 209525 STMT 04/30/2024 WALKER CAR WASH INC 121 VEHICLE WASHES 661-590-937.400 363.00  05/15/2024 11:31 AM CHECK DISBURSEMENT REPORT FOR CITY OF WALKER Page 5/6 User: lrosner CHECK DATE FROM 05/09/2024 - 05/15/2024 DB: Walker Check Date Bank Check # Invoice Payee Description GL # Amount 05/15/2024 MPOOL 209526 2024032 WATER SPECIFICATIONS INC SKID OF SALT FOR RO WATER SOFTENER -298-771-932.400 525.00 05/15/2024 MPOOL 209527 JUROR JUROR FOR 04/26/2024 TRIAL 101-286-808.600 18.88 05/15/2024 MPOOL 209528 R101038464:01 WEST MI INTERNATIONAL SERVICE/DIAGNOSE DPW VEH 450 - VIN# 26 0 661-585-937.100 370.00 05/15/2024 MPOOL 209529 32594 WEST SHORE SERVICES INC LADDER SERVICE - FIRE TRUCK 661-585-937.300 472.50 05/15/2024 MPOOL 209530 54214 WOODLAND COMMERCIAL EQUIPMENTFILTERS (4) 661-585-937.100 124.70 209530 55139 EDGER BLADES, OIL - DPW 661-585-937.100 302.56 427.26 05/15/2024 MPOOL 209531 72497 YELLOW ROSE TRANSPORT INC. ROAD GRAVEL - 104.14 TONS 202-449-781.000 1,510.04 TOTAL - ALL FUNDS TOTAL OF 79 CHECKS 368,113.44 --- GL TOTALS --- 101-101-740.000 SUPPLIES & EQUIPMENT 25.00 101-172-826.000 LEGAL FEES 11,580.50 Page 10 of 35 101-215-811.100 OFFICE EQUIP SERVICE AGREEMENT 150.79 101-240-727.000 OFFICE SUPPLIES 9.48 101-240-955.100 COLLECTION EXPENSES 208.69 101-240-960.000 MISCELLANEOUS EXPENDITURE 1,787.90 101-257-826.000 LEGAL FEES - ASSESSING 572.00 101-265-807.000 CONTRACTED MAINTENANCE 1,446.43 101-265-920.000 UTILITIES 123.96 101-265-934.668 REPAIR & MAINT-ROOM RENTALS-ALL BLDGS 200.00 101-270-803.600 PRE-EMPLOYMENT SCREENINGS 2,575.00 101-272-727.000 OFFICE SUPPLIES 1,161.18 101-272-811.100 OFFICE EQUIP SERVICE AGREEMENT 533.94 101-272-894.000 EVENTS/PROMOTIONS 2,600.00 101-272-960.100 SUNDRY NON-BUDGET 200.00 101-286-808.600 JURY FEES 375.70 101-286-808.700 INTERPRETOR EXPENSE 315.00 101-286-811.100 OFFICE EQUIP SERVICE AGREEMENT 58.84 101-286-920.000 UTILITIES 30.99 101-301-727.000 OFFICE SUPPLIES 541.24 101-301-768.200 POLICE UNIFORMS 1,400.90 101-301-811.100 OFFICE EQUIP SERVICE AGREEMENT 350.34 101-301-812.200 PRISONER CARE & BOND 30.00 101-301-814.000 RECORDS MANAGEMENT SYSTEM 120.00 101-301-920.000 UTILITIES 165.61 101-301-934.300 FIRING RANGE REPAIR/MAINT/IMPROVEMENTS 97.65 101-301-961.000 TRAINING/CONFERENCES 433.64 101-301-961.543 POLICE RECRUIT TRAINING-MCOLES GRANT 3,400.00 101-336-740.500 FIRE OPERATIONAL SUPPLIES 310.07 101-336-920.000 UTILITIES 206.61  05/15/2024 11:31 AM CHECK DISBURSEMENT REPORT FOR CITY OF WALKER Page 6/6 User: lrosner CHECK DATE FROM 05/09/2024 - 05/15/2024 DB: Walker Check Date Bank Check # Invoice Payee Description GL # Amount 101-336-933.000 EQUIPMENT MAINTENANCE 1,185.00 101-336-961.000 TRAINING/CONFERENCES 56.00 101-371-826.000 LEGAL FEES - INSPECTIONS 1,851.50 101-445-934.200 REPAIR & MAINT - DRAINS 90.00 101-448-934.050 REPAIR & MAINT - STREETLIGHTS 17,821.00 101-751-920.000 UTILITIES 206.61 101-751-934.400 PARK REPAIRS & EQUIPMENT (MINOR) 239.83 101-751-934.600 TRAIL MAINTENANCE 1,000.00 101-825-896.110 SUMMER CONCERT SERIES 1,140.00 101-901-934.805 BREAKROOM UPGRADES-DPW/CITY HALL 1,704.70 101-901-980.600 HVAC UPGRADES/OTHER CITY BULDINGS 45,000.00 202-449-781.000 ROAD SUPPLIES 1,528.98 202-449-811.100 OFFICE EQUIP SERVICE AGREEMENT 201.83 202-449-920.000 UTILITIES 216.94 203-449-781.000 ROAD SUPPLIES 1,781.88 203-449-920.000 UTILITIES 92.97 298-771-932.400 ICE ARENA & EQUIPMENT MAINTENANCE 1,150.00 Page 11 of 35 298-772-932.200 FITNESS EQUIPMENT MAINTENANCE 678.75 298-780-780.000 BUILDING MAINT SUPPLIES 145.00 298-780-811.100 OFFICE EQUIP SERVICE AGREEMENT 168.15 298-780-920.300 WATER & SEWER 1,283.43 298-780-920.400 WASTE SERVICES 521.46 661-580-980.200 CAPITAL EQUIP REPLACE - POLICE 207,235.75 661-585-937.100 VEHICLE MAINTENANCE - DPW 827.26 661-585-937.300 VEHICLE MAINTENANCE - FIRE 472.50 661-590-768.400 UNIFORMS DPW 578.09 661-590-771.000 SAFETY EQUIPMENT 143.10 661-590-785.000 GAS & OIL 97.00 661-590-937.400 VEHICLE WASHING 363.00 661-590-941.000 EQUIPMENT RENTAL FROM OUTSIDE VENDOR 4,431.25 701-000-238.126 ESCROW-FIRE CLEANUP-4665 JULEON-15,009 15,009.00 701-000-256.016 CERTIFICATES OF OCCUPANCY 200.00 701-000-256.945 LEGAL/TRAFFIC ESCRW-VISTA 45-$2000 1,449.00 701-000-256.990 SOIL ERSN ESCRW- 265 TALLMAN RIDGE - 255.00 710-000-230.400 50 TO OTHER GOVERNMENTS DUE 27,977.00 TOTAL 368,113.44  CITY OF WALKER COUNTY OF KENT, MICHIGAN RESOLUTION 24— RESOLUTION TO AMEND CITY OF WALKER FISCAL YEAR 2023-2024 BUDGET At a regular meeting of the City Commission of the City of Walker, County of Kent, Michigan, held at the City Commission Chambers in said City, 4243 Remembrance Road, N.W., on the 20th day of May 2024 there were: PRESENT: AB SENT: The following resolution was offered by Commissioner and seconded by Commissioner WHEREAS, the Walker City Commission desires to amend various City of Walker 2023-2024 operational budgets to adjust revenues and expenditures, resulting in an increase to the General Fund, OPEB Set Aside Fund, Major Street Fund, Downtown Development Fund, ‘ DDA Streetscape Maintenance Fund, Special Vice Investigation Fund, Opioid Settlement Fund, American Rescue Plan Act Fund, Walker Ice and Fitness Center Fund, and Revolving Fund revenues and appropriations. NOW, THEREFORE BE IT RESOLVED, that the Walker City Commission authorizes the following budget amendments as described in “Attachment A” in order to properly account for revenues and expenditures as required by the Uniform Budgeting and Accounting Act, Public Act 2 of 1968, as amended by Public Act 621 of 1978. YEAS : NAYS : Motion passed and Resolution declared adopted. Date: May 20, 2024 Deborah Goudy Walker City Clerk Page 12 of 35  CERTIFICATION I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Walker, County of Kent, State of Michigan, at a meeting held on May 20, 2024, the original of which is on ?le in my of?ce and available to the public. Public notice of said meeting was given pursuant to and in compliance with the Open Meetings Act, Act No. 267 of the Michigan Public Acts of 1976, including in the case of a special or rescheduled meeting, notice by posting at least 18 hours prior to the time set for said meeting. Dated: May , 2024 Deborah Goudy Walker City Clerk Page 13 of 35  CITYOF WALKER 05/14/2024 BUDGETAMENDMENTS DDV Fiscal Year 2023-2024 May 20, 2024 Attachment A ORIGINAL AMENDED CHANGE GL NUMBER DESCRIPTION BUDGET BUDGET (DECREASE) TOTALS GENERALFUND 101 - REVENUES 101-000—404.000 PROPERTYTAXCOLLECTIONS 1,800,000 1,865,000 65,000 101—000438.000 WALKERCITYINCOMETAX 13,500,000 15,000,000 1,500,000 101-000445.000 INTEREST& PENALTYON DELQTAXES 34,000 50,000 16,000 101~OOO~543.200 STATE GRANT—MCOLES ACADEMYASSISTANCE 0 72,000 72,000 ' 101—000—658.000 FINES8: COURTCOSTS 460,000 540,000 80,000 101-OOO—665.000 INTERESTON INVESTMENTS 100,000 340,000 240,000 101~000-676.100 REIMBFOR PROPERTYDAMAGEREPAIRS 250 27,700 27,450 101-000—676.264 REIMBFROM STATE NOVEMBERELECTION — 0 21,600 21,600 101-000676.700 REIMBFROMWORKERSCOMP FUND 0 18,250 18,250 TOTAL CHANGE IN BUDGETED REVENUES 2,040,300 GENERALFUND - 101 EXPENDITURES 172 MANAGER ADMINISTRATION — - DEPT 101-172-703.000 CITYMANAGER SALARY 152,500 158,000 5,500 101—172-704.100 COMMUNICATIONSTAFF WAGES 70,000 86,000 16,000 101-172-712.000 FICAEXPENSE PAYROLLTAX - 24,098 25,742 1,644 101—172~713.000 EMPLOYEEINSURANCE-HEALTH/DENTAL/LIFE/DISABILITY 20,500 25,500 5,000 101~172—714.000 PENSION EXP 401A DEFINEDCONTRIBUTION — 28,000 32,000 4,000 101—172-823.000 PERFORMANCEEVALUATIONIMPLEMENTATION 30,000 0 (30,000) 101-172826.000 LEGALFEES 90,000 70,000 (20,000) (17,856) 228 INFORMATIONTECHNOLOGY(IT) — 101~228-703.000 ITMANAGERSALARY 98,000 102,500 4,500 101-228-704.110 ITSTAFFWAGES 123,000 174,000 51,000 101-228—712.000 FICAEXPENSE PAYROLLTAX — 16,907 21,000 4,093 101—228—956.1OO COMPUTERLICENSE CLOUDSERVICES — 95,340 140,000 44,660 104,253 240 - INCOMETAX DEPARTMENT 101-240-704.000 INCOMETAX DIRECTORSALARY 98,800 48,000 (50,800) 101-240705.000 INCOMETAXSTAFF SALARIES 245,000 278,000 33,000 101-240-713.000 EMPLOYEEINSURANCE-HEALTH/DENTAL/LIFE/DISABILITY 85,000 70,000 (15,000) 101-240956.150 COMPUTERSOFTWAREMAINTFEE 43,000 65,000 22,000 (10,800) 257 ASSESSOR - 101-257—705.000 ASSESSORDEPTSALARIES 115,000 118,500 3,500 3,500 261 - ELECTIONS MARCHDATE — 101-261-727.000 OFFICESUPPLIES MARCHELECTION - 4,200 0 (4,200) 101-261-752.200 ELECTIONSUPPLIES—MARCHELECTION 0 4,200 4,200 O 262 - ELECTIONS- MAYDATE 101—262—727000 OFFICESUPPLIES MAYELECTION - 3,200 0 (3,200) 101-262—752.200 ELECTIONSUPPLIES~MAYELECTION 0 3,200 3,200 0 265 - BUILDINGAND GROUNDS 101-265-704.000 DIRECTOROF PUBLICWORKS BLDGMAINTSALARY - 37,000 55,000 18,000 101—265705.000 BUILDINGMAINTENANCE STAFFSALARIES 174,000 183,000 9,000 101—265—712.000 FICAEXPENSE PAYROLLTAX — 16,907 19,000 2,093 29,093 270 - HUMAN RESOURCEDEPT 101«270-703.000 HUMANRESOURCEDIRECTORSALARY 97,700 100,700 3,000 101~270-823.200 PERSONNELPOLICYUPDATE 35,000 0 (35,000) (32,000) Page 1 of 5 Page 14 of 35  CITYOF WALKER 05/14/2024 BUDGET AMENDMENTS DDV FiscalYear 2023-2024 May 20, 2024 Attachment A ORIGINAL AMENDED CHANGE GL NUMBER DESCRIPTION BUDGET BUDGET (DECREASE) TOTALS 272 OTHER CITY FUNCTIONS — 101—272894.000 EVENTS/ PROMOTIONS 35,000 53,000 18,000 101—272-960300 OTHEREMPLOYEEBENEFITS 40,000 55,000 15,000 33,000 301 POLICEDEPARTMENT — 101-301—703.000 POLICECHIEFSALARY 126,000 128,800 2,800 101-301710.000 SUPPLIES& EQUIPMENT 14,000 20,000 6,000 101‘301-934300 FIRINGRANGE REPAIR/MAINT/IMPROVEMENTS 2,300 12,000 9,700 101—301861.543 POLICERECRUITTRAINING MCOLESGRANT - 0 72,000 72,000 90,500 336 - FIREDEPARTMENT 101—336704.000 FIRECHIEFSALARY 108,500 109,600 1,100 101-336705.000 FIREFULLTIMESTAFFSALARIES 620,000 680,000 60,000 101-336—727.000 OFFICESUPPLIES 25,000 5,000 (20,000) 101—336740.500 FIREOPERATIONALSUPPLIES 0 20,000 20,000 61,100 371 - COMMUNITY DEVELOPMENT 101-371-704.000 PLANNING/ZONING SALARIES 192,000 206,000 14,000 101—371—705000 INSPECTION SALARIES 59,800 62,000 2,200 101—371-712.000 FICAEXPENSE PAYROLLTAX — 21,060 22,400 1,340 101-371-802.605 MASTERPLANAMENDMENTS 0 26,000 26,000 101—371—802.700 ZONING ORDINANCEUPDATEPROJECT 12,000 28,000 16,000 101—371—806.000 (PCI) OUTSIDEINSPECTIONS 480,000 500,000 20,000 101—371-826000 LEGALFEES INSPECTIONS - 1,500 21,500 20,000 99,540 444 SIDEWALKS — 101-444-985.278 FOUR MILESIDEWALK EASTOF ENGLISHHILLS - 0 70,000 70,000 70,000 447 ENGINEERING — 101—447-704000 CITYENGINEERSALARY 111,000 117,000 6,000 6,000 448 - STREETLIGHTING 101-448-934.050 REPAIRS& MAINT- STREETLIG HTS 3,000 23,000 20,000 20,000 901 CAPITALOUTLAYBLDG& SITE — 101—901—824.101 LANDSCAPINGCONSTRUCTIONCITYHALLCOMPLEX — 125,000 50,000 (75,000) 101—901624.200 LIBRARYBUILDINGPROJECT» DESIGN 0 415,000 415,000 101—901880.320 AUDIO/ VISUALUPGRADES 0 37,000 37,000 377,000 TOTAL CHANGE IN BUDGETEDEXPENDITURES 833,330 Increase In Fund Balance GENERALFUND 101 — 1,206,970 OPEB SET ASIDE FUND - 140 REVENUES 140-000-665.000 INTERESTON INVESTMENTS 17,000 30,000 13,000 TOTAL CHANGE IN BUDGETEDREVENUES 13,000 Increase in Fund Balance OPEB SETASIDE FUND 140 ~ 13,000 Page 2 of 5 Page 15 of 35  CITYOF WALKER 05/14/2024 BUDGETAMENDMENTS DDV FiscalYear 2023-2024 May 20, 2024 Attachment A ORIGINAL AMENDED CHANGE GL NUMBER DESCRIPTION BUDGET BUDGET (DECREASE) TOTALS MAJOR STREET FUND 202 — REVENUES 202-000646.000 STATE GRANT- ACT 51 HIGHWAYFUNDS 3,300,000 3,600,000 300,000 202-000—546.103 STATE GRANT- BRISTOL/PANNELLRR BRIDGE 1,700,000 0 (1,700,000) 202—000-546.104 STATE GRANT CENTER/WEATHERFORD - ROUND-A~BOUT 878,000 0 (878,000) 202-000—546.105 STATE GRANT- KINNEY M45 TO LEONARD - 1,350,000 0 (1,350,000) 202-000-665.000 INTEREST ON INVESTMENTS 25,000 150,000 125,000 TOTAL CHANGEIN BUDGETEDREVENUES (3,503,000) MAJOR STREET- FUND202 EXPENDITURES 449 - ROUTINE MAINTENANCE 202—449—984.590 RICHMONDSIDEWALK 0 42,500 42,500 42,500 450 CONSTRUCTIONPROJECTS — 202-450-985.231 KINNEY/REMEMBRANCE SIGNAL-CONSTRUCTION 480,000 920,000 440,000 202-450-985.236 KINNEYIMPROVEMENT-WALDORF TO 3 MILE-CONSTRUCTION 0 10,000 10,000 202-450—985.260 BRISTOL/PANNELL RR BRIDGE DESIGN - 0 25,000 25,000 202—450-985.265 CENTER/WEATHERFORD ROUND-A-BOUT—DESIGN 0 95,000 95,000 202-450-985.266 CENTER/WEATHERFORD ROUND-A-BOUT CONSTRUCTION - 1,803,000 600,000 (1,203,000) 202—450—985.270 KINNEYRECONSTRUCTIONM45 TO LEONARD DESIGN — - 0 150,000 150,000 202—450985.285 WALKERAVE/FOUR MILEINTERSECTION 0 100,000 100,000 202-450—985.290 WALKERAVE NORTH DESIGN — 0 95,000 95,000 (288,000) 452 TRAFFICSIGNALS — 202-452-985.295 TRAFFICSIGNALREPLACEMENT WILSON/LEONARD — 0 150,000 150,000 150,000 TOTAL CHANGE IN BUDGETEDEXPENDITURES (95,500) Decrease in Fund Balance MAJOR STREETFUND 202 - (3,407,500) DDA FUND FUND248 - REVENUES 248-000-665.000 INTERESTON INVESTEMENTS 12,000 95,000 83,000 TOTAL CHANGEIN BUDGETEDREVENUES 83,000 DDA FUND FUND 248 - EXPENDITURES 572 - ROUTINE MAINTENANCE 248~572~956.150 COMPUTERSOFTWARE MAINTFEE 0 12,000 12,000 TOTAL CHANGE IN BUDGETEDEXPENDITURES 12,000 Increase in Fund Balance DOWNTOWN DEVELOPMENT AUTHORITYFUND 248 - 71,000 DDA STREETSCAPEFUND 251 — EXPENDITURES 251~574~807.200 LANDSCAPINGCONTRACTEDMAINTENANCE - 70,000 88,000 18,000 TOTAL CHANGE IN BUDGETEDEXPENDITURES 18,000 Decrease In Fund Balance MAINTENANCEFUND 251 DDA STREETSCAPE - (18,000) Page 3 of 5 Page 16 of 35  CITYOF WALKER 05/14/2024 BUDGETAMENDMENTS DDV FiscalYear 2023-2024 May 20, 2024 Attachment A ORIGINAL AMENDED CHANGE GL NUMBER DESCRIPTION BUDGET BUDGET (DECREASE) TOTALS SPECIALVICE FUND 262 - REVENUES 262—000-586.000 POLICEDEPTREV NARCOTICSSEIZURES - 0 25,000 25,000 262-000-665.000 INTERESTON INVESTMENTS 0 6,000 6,000 TOTAL CHANGE IN BUDGETEDREVENUES $ 31,000 SPECIALVICE FUND 262 - EXPENDITURES 262-000-961.700 POLICEDEPT ENHANCEMENTS 0 40,000 40,000 TOTALCHANGEIN BUDGETEDEXPENDITURES $ 40,000 Decrease in Fund Balance SPECIALVICEINVESTIGATIONFUND - 262 $ (9,000) OPIOID SETTLEMENTFUND- 284 REVENUES 284—000-665.000 INTERESTON INVESTMENTS 0 250 250 284-000-685.000 OPIOIDSETTLEMENTREVENUESJANSSEN - 0 1,000 1,000 284-000—685.100 OPIOIDSETTLEMENTREVENUES- DISTRIBUTOR 0 4,000 4,000 TOTAL CHANGE IN BUDGETEDREVENUES $ 5,250 OPIOIDSETTLEMENTFUND 284 - EXPENDITURES 284-301-974.310 NEWEQUIMPENT-LUCASMACHINE PD - 0 22,500 22,500 TOTAL CHANGE IN BUDGETEDEXPENDITURES $ 22,500 Decrease in Fund Balance OPIOID SETTLEMENTFUND 284 - $ (17,250) AMERICANRESCUEPLANACT- 285 REVENUES 285-000—528.285 FEDGRANT AMERICANRESCUEPLANACT - 1,800,000 150,000 (1,650,000) 285-000-665.000 INTERESTON INVESTMENTS 20,000 60,000 40,000 TOTAL CHANGE IN BUDGETED REVENUES $ (1,610,000) AMERICANRESCUEPLANACT—285 EXPENDITURES 285-901—988.200 PHYSICAL SECURITYSYSTEM-CITY FACILITIES 0 150,000 150,000 285—901—988.205 FIRETRUCK LADDERTRUCK - 1,500,000 0 (1,500,000) 285—901—988.210 POLICECOMMAND VEHICLE 300,000 0 (300,000) TOTAL CHANGE IN BUDGETEDEXPENDITURES $ (1,650,000) Increase in Fund Balance AMERCANRESCUEPLANACT (APRA)FUND 285 - $ 40,000 Page 4 of 5 Page 17 of 35  CITYOF WALKER 05/14/2024 BUDGETAMENDMENTS DDV FiscalYear 2023-2024 May 20, 2024 Attachment A ORIGINAL AMENDED CHANGE GL NUMBER DESCRIPTION BUDGET BUDGET (DECREASE) TOTALS WALKERICE & FITNESS 298 - REVENUES 298—000-644.100 ADULTHOCKEYLEAGUE 80,000 95,000 15,000 298-000—644.110 LEARNTO SKATE 20,000 30,000 10,000 298-000-644.140 PUBLICSKATING 35,000 45,000 10,000 298-000—644.200 FITNESSCENTER MONTHLYDUES - 300,000 325,000 25,000 298-000-644.205 FITNESSCENTER SILVERSNEAKERS - 75,000 100,000 25,000 298-000-644.400 PRO SHOP SALES 175,000 200,000 25,000 298-000-665.000 INTERESTON INVESTMENTS 3,500 24,000 20,500 298-OOO-665.361 INTERESTON INVESTMENTS WIFC CAPTSET ASIDE— 0 10,000 10,000 TOTAL CHANGE IN BUDGETEDREVENUES $ 140,500 WALKERICE& FITNESS- 298 EXPENDITURES 771 ICE - 298—771-705.310 SALARIES LEARNTO SKATEINSTRUCTORS - 4,500 7,000 2,500 298-771-743.500 ICEARENAEXPENSES 1,000 6,700 5,700 298-771—932.400 ICEARENA& EQUIPMENT MAINTENANCE 40,000 55,000 15,000 298-771—976.500 CAPITALIMPROVEMENTS ICE - 229,000 49,000 (130,000) (156,800) 772 FITNESS - 298-772—705000 FITNESSSALARIES 145,000 165,000 20,000 298-772-712.000 FICAEXPENSE PAYROLLTAX - 11,093 12,700 1,607 298-772-713.000 EMPLOYEEINSURANCE HEALTH/DENTAL/LIFE/DISABILITY - 400 3,500 3,100 298-772—713.100 RETIREMENT HEALTHSAVINGSCONTRIBUTION 0 1,100 1,100 298-772414.000 PENSIONEXP 401 DEFINEDCONTRIBUTION - 2,300 4,300 2,000 298—772876.510 CAPITALFITNESSEQUIPMENT 20,000 39,000 19,000 298—772~976.520 WIFCAEROBICSROOM FLOORINGREPLACEMENT 50,000 27,000 (23,000) 23,807 775 CONCESSIONS - 298-775-705.000 CONCESSIONSALARIES 15,000 18,000 3,000 298-775-712.000 FICAEXPENSE PAYROLLTAX - 1,148 1,400 252 3,252 780 - ADMINISTRATION 298-780-974.500 CAPITALEQUIPMENT NEW & REPLACEMENT 5,000 6,800 1,800 1,800 TOTAL CHANGE IN BUDGETEDEXPENDITURES $ (127,941) Increase In Fund Balance WALKERICE & FITNESSCENTERFUND 298 — $ 268,441 REVOLVINGFUND 810 - EXPENDITURES 810-000-805.200 WATERMAINLOOPING GR SYSTEMREIMBURSED ~ 0 50,000 50,000 810000805577 REIMBFROM CITYOF GR WATERMAINLOOPING - 0 (50,000) (50,000) TOTAL CHANGE IN BUDGETED EXPENDITURES $ - Change in Fund Balance REVOLVING FUND 810 ~ $ - Page 5 of S Page 18 of 35  CITY COMMISSION CITY OF WALKER KENT COUNTY, MICHIGAN ORDINANCE NO. 24 - 675 At a regular meeting of the City Commission for the City of Walker held on , 2024, the following Ordinance was offered for adoption by Commissioner , seconded by Commissioner : AN ORDINANCE TO AMEND CHAPTER 22, ARTICLE I, TO ADD A NEW SECTION 22-16, TO BE ENTITLED “POLICE DEPARTMENT NON- PREFERENCE TOWING,” TO THE CODE OF ORDINANCES OF THE CITY OF WALKER, MICHIGAN. THE CITY OF WALKER ORDAINS: Section 1. Amendment of Chapter 22, Article I. That the Code of Ordinances of the City of Walker, Michigan, Chapter 22 (Businesses), Article I, entitled “Business Licenses” is amended to add a new Section 22-16 to read as follows: Sec. 22-16. Police Department Non-Preference Towing A. The Police Department shall adopt and maintain a Non-Preference Towing Policy (“Policy”) to provide for qualifying towing companies to receive calls for service from the Police Department to assist stranded motorists and promote public safety. Such Policy shall provide, as nearly as practicable, for the equitable distribution of non-preference towing calls for service to all qualifying towing companies. B. The Policy shall be adopted and maintained by the Chief of Police, in consultation with the City Attorney. The Policy may be amended from time to time, as the Chief of Police may deem necessary, to promote public safety and the orderly administration of non-preference calls for towing services. C. The Policy shall establish standards for towing companies to qualify to be placed on a list of towing companies eligible to receive non-preference calls for service from the Police Department. The standards set by the Policy for towing companies to become eligible for non-preference calls for service shall include minimum insurance requirements, service expectations, requirements to obtain other business or operator licenses, the disclosure of rates and fees charged to motorists for services, and storage-yard requirements. The insurance required by the Policy must indemnify and hold harmless the City for any injury, damage, or loss that may result from services provided under this Section or the Policy. The City shall not be liable for any such injury, damage, or loss. 1 Page 19 of 35  D. The Police Department shall maintain a list of qualifying towing companies, pursuant to the Policy. The Policy shall include a process for on-site inspections of the storage yard(s) operated by any towing company on the list of qualifying towing companies, or operated by any towing company seeking to be placed on the list of qualifying towing companies. Section 2. Conflict. A. Nothing in this Ordinance will be construed in such a manner so as to conflict with existing City ordinances except as otherwise stated herein. B. Nothing in this Ordinance will be construed in such a manner so as to conflict with the laws of the state of Michigan. Section 3. Repealer. All ordinances and resolutions or parts of ordinances and resolutions in conflict with this Ordinance are repealed, but only to the extent of any such conflict. Section 4. Savings Clause. The provisions of this Ordinance are severable. If any part of this Ordinance is declared void or inoperable for any reason by a court of competent jurisdiction, such declaration does not void any or render inoperable other part or portion of this Ordinance. Section 5. Effective Date. This Ordinance is effective upon its publication in the manner permitted by law. YEAS: _____________________________________________________ NAYS: _____________________________________________________ ABSENT/ABSTAIN: __________________________________________ ORDINANCE DECLARED ADOPTED. 2 Page 20 of 35  ________________________________ Gary Carey, Jr. City of Walker Mayor ________________________________ Deborah Goudy City of Walker Clerk CERTIFICATION I hereby certify the foregoing to be a true copy of the amendment to the Code of Ordinances for the City of Walker, Kent County, Michigan, adopted by the City Commission for the City of Walker at the time, date and place as specified above, pursuant to the required statutory procedures. First Reading: Second Reading: Published: Effective: Respectfully submitted, By ________________________________ Deborah Goudy City of Walker Clerk 3 Page 21 of 35  CITY OF WALKER POLICE DEPARTMENT MEMORANDUM DATE: May 7, 2024 TO: Darrel Schmalzel, City Manager FROM: Chief Keith Mankel SUBJECT: Non-Preference Towing Ordinance Sec 22-16 Currently the City of Walker does not have any such ordinance or policy in place when it comes to providing non-preference towing services for people in the City of Walker. In the past the Walke Police Department has had two towing services available for people when they do not have a preference for a towing service. In the fall of 2023 Marz Towing Service went out of business and left only one service available in the city, Walker City Towing. Since then, there have been many inquiries from towing services to be able to be placed on the non- preference towing list. The purpose of this ordinance is to allow the Chief of Police to adopt and maintain a policy covering non-preference towing services that are called by the Walker Police Department for those in need. The policy is to establish standards for these towing services. The towing services need to provide efficient and courteous service to protect the safety of the people and their property. The ordinance and policy have been drafted with the assistance of the City Attorney. We believe that this ordinance and policy is an acceptable standard for all those involved with non- preference towing services. We request the City Commission consider this ordinance at the May 13,2024 meeting. I plan to attend the May 13th City Commission meeting to answer any questions you may have on this request. Page 22 of 35  CITY OF WALKER TOWING SERVICES OPERATIONAL POLICY _________, 2024 Purpose: This policy is to provide efficient, swift, and economical towing service to people in the City of Walker service area. Included are operational guidelines to provide for the efficient and equitable delivery of qualified and courteous service and to protect the safety of people and property. Violation of any section of this policy may result in the ineligibility of a participating service. A towing service (“Company”) that is qualified as defined in this policy will be eligible to receive requests for service of "Non-Preference" calls for service. Non-Preference towing calls are those requested through the Walker Police Department, by people and/or emergency service providers in which there is no specific Company requested. If a Company believes it has met all criteria within this policy to be added to the non- preference rotation list, it shall file a signed and written application. The Walker Police Department will review the application and policy criteria and if all requirements are met, and all documents required to be submitted by this Policy have been received from the Company, will provisionally approve the application if additional towing services are needed within the city. Once provisionally approved, the Company’s final approval shall be conditioned upon the Company obtaining a business license per Walker City Ordnance Chapter 22, Article 1. Once provisional approval is granted by the Walker Police Department and business license(s) are obtained in accordance with Ordinance Chapter 22, Article 1, the Company shall be deemed qualified and shall be placed on the non- preference towing calls for service list. SECTION 1 - LIABILITY INSURANCE & INDEMNIFICATION Any Company seeking to be qualified for Walker Police Department non-preference towing calls must demonstrate that it has the following required insurances and at all times must maintain such insurances: A. Workers' Compensation and Employers' Liability Insurance; B. General Liability (occurrence basis only) Insurance with the following coverage inclusions: 1. Broad form general liability endorsement or equivalent, if not in policy proper; 2. Independent Contractor; 3. Product Completed Operations; 1 Page 23 of 35  4. Contractual Liability; C. Vehicle Liability Insurance Coverage, and Michigan no-fault insurance coverage that specifically covers and includes all owned and leased vehicles that will or may operate within the City. (2) The forms of insurance coverage identified in Item “A” must cover no less than the statutory minimums, unless specifically set forth in this Section. The limits of liability for Items “B” and “C” shall not be for less than $ 1,000,000.00 per occurrence and/or aggregate combined single-limit Personal Injury, Bodily Injury and Property Damage. Certificates of insurance demonstrating that the Company his sufficient insurance to meet these requirements for Items “B” and “C” must be provided to the Walker Police Department before a Company can be provisionally approved to take non-preference Calls for service. (3) The Walker Police Department may request certificates of insurance as to items “A” through “C” above, at any time. A Company shall provide the Walker Police Department with a copy of any requested certificates of insurance within three (3) business days. A Company’s failure to timely provide one or more certificates of insurance upon request shall be cause to deny or revoke that Company’s approval. (4) The certificates of insurance must cover each “wrecker” 1 and “operator” 2 used by that Company. (5) When a Company obtains a renewal of insurance certificate(s), the Company shall immediately forward to the Walker Police Department an original copy of the renewal insurance certificate(s). When a Company changes insurance carrier(s), the Company shall immediately forward to the Walker Police Department an original copy of the new insurance certificate(s). A Company’s failure to timely comply with this Paragraph shall be cause to deny or revoke that Company’s approval. (6) Upon the Walker Police Department (or the City) receiving notice from an insurance carrier that a Company’s coverage is no longer in effect, the Company shall immediately lose its qualification to receive Walker Police Department non- preference towing calls until such time that Company notifies the Walker Police Department that the Company is in compliance with insurance requirements, unless the Walker Police Department has previously or contemporaneously received certificates of insurance demonstrating the Company still meets all insurance requirements. 1 “Wrecker” refers to each vehicle commercially used by the Company, including those vehicles owned, leased or borrowed. 2 “Operator” means a wrecker driver, whether an employee, agent, or independent contractor. 2 Page 24 of 35 (7) As an explicit condition of a Company’s approval for the Walker Police Department’s non-preference towing list, the Company shall indemnify and hold harmless the Walker Police Department, the City, and their agents, officers, and employees from all liability arising from the Company’s actions or inactions or those of its agents, officers, and employees. By signing the acknowledgement below, the authorized representative of the Company warrants and agrees that the Company shall so indemnify and defend the Walker Police Department, the City, and their agents, officers, and employees from any liability arising from the Company’s actions or inactions or those of its agents, officers and employees. The Company shall provide its carriers a copy of this Policy. SECTION 2 – SERVICE REQUIREMENTS AND STANDARDS The following provisions are required by the Walker Police Department for any Company requesting placement on the non-preference call list. Failure to comply with all of these requirements may result in the loss of qualification for non-preference towing calls as provided in this policy. The Walker Police Department may establish additional requirements, at any time without prior notice. A Company shall not conceal or misrepresent any material facts when seeking qualification under this Policy and may be immediately disqualified from the non-preference call list if the Walker Police Department is made aware of any concealment or misrepresentation by the Company. (1) Policy Dissemination. The Walker Police Department or a designee shall provide a copy of the requirements of this Policy for qualification of Non- Preference Services to the representatives of any Company requesting information about the qualification standards. This document defines the Walker Police Department standards and service expectations. (2) Policy Acknowledgment. Prior to qualification, the Company representative shall sign and date the form indicating he/she has read the requirements, understands them, and the Company is willing to adhere to the requirements. The original signed form shall be maintained by the Walker Police Department. (3) No Guarantee. This policy is not in any way a contract for towing service(s) between the City of Walker and any participating Company. Nothing in these towing service operational guidelines shall be interpreted as guaranteeing to any participating Company a particular number of calls for services, or that the Company shall receive a comparable number of calls for service relative to any other participating Company. It is the Walker Police Department’s goal to rotate calls among each participating and qualified Company in a fair and equitable manner. However, there may be instances in which a Company is utilized out of the routine rotation based on operational needs or availability. (4) Legal Compliance. All qualified Companies taking non-preference calls for the Walker Police Department shall comply with all rules and regulations as 3 Page 25 of 35  prescribed by City of Walker ordinances, zoning requirements, and all state laws pertaining to towing operations and businesses. All qualified Companies must comply with the terms of this Towing Services Operational Policy at all times. (5) Time of Operation and Timeliness of Service. In order to be provisionally approved by the Walker Police Department, and to maintain its qualification for the non-preference list once approved, the Company must at all times comply with the following operations, timeliness, and service requirements: A. A qualified Company must provide 24-hour, seven-day-a-week service, having at least four wrecker vehicles available, three of which must be flatbeds units with wheel-lift capabilities. B. A Company responding to a Walker Police Department non-preference call for service will be expected to give priority to Walker Police Department non-preference calls and to respond to sites of service in a reasonable amount of time. Repeated delayed responses may result in the Company’s suspension or removal from the non-preference rotation. C. Response time to calls dispatched for the Walker Police Department shall be reasonable and as currently determined by the Walker Police Department to be a maximum of 20 minutes from the time of request to arrival at the requested site or scene. Failure to comply within this time frame may lead to the Company’s suspension or removal from the non- preference rotation. This removal due to failure to comply will be determined by the Walker Police Department, Chief of Police. This requirement does not imply that any Company may (or permit any Company to) violate any Local Ordinance or State Law in order to arrive within the twenty (20) minute response time. D. The Company must answer telephone calls for service requests, or it will be considered unavailable for a Walker Police Department non-preference call. Repeated occurrences of unavailability may result in the Company’s suspension or removal from the non-preference rotation. (6) Geographic Location of Office and Storage Facility. In order to be provisionally approved by the Walker Police Department, and to maintain its qualification for the non-preference list once approved, the Company must at all times comply with the following office and storage facility requirements: A. A storage facility shall include a method of secure enclosure (i.e., building or fencing minimum of 8 feet tall) with a well-lighted storage yard, “No Trespassing” signs on the fencing, and the storage facility must comply 4 Page 26 of 35  with all local ordinances, zoning requirements, and state law. The secured storage facility must be able to accommodate no fewer than 80 vehicles. The secured storage facility must remain locked and secured when the Company’s business is unattended. A security camera system must be installed and must record and monitor the secure storage yard at all times. B. Each Company will provide the Walker Police Department with the exact location and street address of its storage facility (no Post Office Box numbers will be accepted). The storage facility may be subject to on-site inspections by a Walker Police Department representative, with or without prior notice. Preference may be given to any Company that maintains a qualified storage facility in the City of Walker. C. The Company must be open to the general public during normal business hours, which shall be considered Monday through Friday from 8:00 a.m. to 5:00 p.m., and otherwise accessible by appointment. Upon request by the Walker Police Department, the Company must be available to arrange to release vehicles on an individual basis outside normal business hours. D. Each Company’s office and storage facility shall be clearly marked with signs that include the name of the business, regular business hours, and the business telephone number (including weekend and after-hours telephone numbers, if applicable). E. The Company shall comply with all applicable provisions of MCL §257.252 a-g as it applies to abandoned vehicles. F. Each Company shall have its own telephone number and be answered only as the Company indicated. (7) Services Provided & Rates. In order to be provisionally approved by the Walker Police Department, and to maintain its qualification for the non-preference list once approved, the Company must at all times comply with the following service and rate requirements: A. The Company shall tow all vehicles to the location directed by the motorist/owner or to the Company’s storage facility. B. No assigning or subletting of responsibilities and duties to another Company or Operator will be allowed. C. The Company shall remove all glass, debris, and other injurious substances from the scene, providing it is not hazardous material, pursuant to law. 5 Page 27 of 35 D. The Company shall not remove a wrecked vehicle from the scene of an accident without authorization by a law enforcement officer. E. Each Company must assess customer charges according to a rate schedule, which contains rates that do not significantly exceed the amounts typically charged for such services by other Companies and is presently on file with Walker Police Department. This provision is not designed to interfere with the business operations of the Company, but merely to ensure that vulnerable motorists are not victimized. The Company shall provide the Walker Police Department a listing of their current rates for services on a form provided by the Walker Police Department. Failure to comply with this requirement may result in the suspension or removal from participation on the non-preference rotation list. The Walker Police Department must be notified in writing of any mid-year changes to the Company’s fee schedules. This fee schedule may be provided to those requiring service during their contact with police. More than one form of payment should be accepted. . The Company shall not assess a Lien against or hold personal property except the towed vehicle. Unattached personal property contained within the towed vehicle shall not be held in lieu of payment of towing or storage charges/fees. H. The Walker Police Department expects that the Company called is the Company that will arrive at the call-for-service location. Activities such as "call jumping" or sending an affiliated Company in place of the Company called for are strictly prohibited. If the contacted Company is unable to respond to the location of the call-for-service, the Company must immediately notify the police officer(s) at the time of the call for service. The monitoring of police/ambulance service radio frequencies for response to the scene of any accident, without specifically being requested is also prohibited. I. The Company shall abide by all laws when responding to and towing vehicles requested by the Walker Police Department. This includes all equipment and traffic laws. J. Walker Police Department shall not be liable for any injuries or damage that occurs while a Company is providing service(s) at a scene after being called by the Walker Police Department. The Company agrees it is not acting as, nor will it represent itself as, an agent of the City of Walker, the Walker Police Department, or any law enforcement agency while performing services. 6 Page 28 of 35 (8) Wreckers & Equipment. In order to be provisionally approved by the Walker Police Department, and to maintain its qualification for the non-preference list once approved, the Company must at all times comply with the following equipment and vehicle requirements: A. Each Company must maintain on file at the Walker Police Department, an accurate list of all wreckers, including a current copy of each wrecker’s Michigan registration, and related equipment that will be used to provide services in accordance with this Policy. The Company shall ensure that the list is kept current and must notify the Walker Police Department when there are any additions or deletions to the list. B. The Company agrees to maintain mechanically sound and clean company vehicles, clearly marked with the name and telephone number of the business. The Company’s trucks/wreckers shall not bear markings that suggest they are police vehicles. (9) Wrecker Operators. In order to be provisionally approved by the Walker Police Department, and to maintain its qualification for the non-preference list once approved, the Company must at all times comply with the following equipment and vehicle operator requirements: A. The Company shall verify that drivers and equipment to be utilized for Walker Police Department requests are qualified under the provisions of the Motor Carrier Safety Act, 1963 PA 181, and the Michigan Vehicle Code, 1949 PA 300, as amended. B. All operators shall exhibit professional and courteous service to the public, public officials, and emergency services personnel. Under no circumstances will the Walker Police Department tolerate any profanity, obscene gestures, threats, or other inappropriate behavior. C. Fraudulent, deceptive, or unethical business practices of the Company, and/or wrecker operators, will be cause for the Company’s suspension or removal from the non-preference call list. D. Any time there is a change with the reported roster of operators during the year, the Company is required to immediately provide the Walker Police Department with an updated list of the full legal names of their drivers, copies of each driver’s then current drivers’ licenses, and a Michigan Internet Criminal History Access Tool (ICHAT). 7 Page 29 of 35  SECTION 3 – NON-PREFERENCE TOW CALLS FOR SERVICE Requests for Service shall be dispatched according to the following order of priority: (1) Customer preferred Company whenever readily available and when public safety is not a concern. (2) Contracted insurance Company requested by the owner whenever readily available and when public safety is not a concern. (3) Any Company receiving a personal request for service at the scene of any accident, who shall obtain a name and call back phone number. This information is to be made available to the officer at the scene if requested. If more than one call for service is necessary, the owner will decide which service performs the tow when public safety is not a concern. (4) If none of the above apply, then all other requests shall be assigned on a rotational basis among each qualified Company on the Walker Police Department’s non- preference call list. SECTION 4 - LOSS OF WALKER POLICE DEPARTMENT QUALIFICATIONS AND CALLS FOR SERVICE (1) A Violation of any section of this Policy may result in the loss of the qualification of any Company participating in the Walker Police Department non-preference towing policy. Loss of qualification may be temporary or permanent: A. Walker Police Officers shall report to their immediate supervisor any Company or individual who has violated this policy. The supervisor shall then make a report of the incident in writing to the Patrol Captain of the Walker Police Department. B. Complaints or concerns submitted regarding a Company shall be investigated by the Walker Police Department. Such investigation will not be conducted in a way that will interfere with any criminal investigation arising from the same conduct. The Company shall cooperate with the Walker Police Department in the course of the investigation and shall make relevant records available for inspection and copying. C. Complaints filed by a participating Company against another Company must be submitted to a Walker Police Department representative in writing and in a timely fashion. Information provided to the Walker Police Department must include the following: Date, time, location, and a description of the circumstances. 8 Page 30 of 35  D. The Walker Police Department may send letters of warning to a Company for infractions of this Policy. (2) If as a result of infractions there is a potential for loss of qualification, the Walker Police Department will report the outcome of the investigation to the Walker Police Department Chief of Police. A. If the suspension or removal from the non-preference rotation is approved by the Walker Police Department Chief of Police, the Chief of Police shall send a notice of this action to the offending Company. Such revocations shall be due to documented complaints by participating law enforcement agency personnel which reveals that the Company is in violation of this Policy. This notice will offer a description of the known policy violation at the time. B. In deciding whether to suspend or revoke a Company’s qualification for the non-preference call list, or to issue a warning letter in place of a suspension or revocation, the Walker Police Department Chief of Police may consider previous warning letters, suspensions, or revocations of the Company’s qualification. (3) If a Company cancels its insurance coverage or has its insurance cancelled, the Walker Police Department will immediately investigate the cancellation and will suspend or revoke the Company’s qualification if it determines (or has reason to believe) that the Company no longer has sufficient insurance coverage as required by this Policy. SECTION 5 - LOG OF TOWED VEHICLES All towing calls should be documented at the Kent County Dispatch Center. The most appropriate method of recording this information shall be determined by the Walker Police Department and the Kent County Dispatch Center. Minimum information should generally include: whether it is a preference or non-preference request, the nature of the call (service, traffic, crash, etc.), time, date, location, vehicle description, Company dispatched, and response of Company (acceptance, no answer, busy signal, not available, etc.). A comment section is available to document any problem encountered (i.e., the Company’s truck too long to respond, the operator refused to clean debris, etc.). SECTION 6 – CRIMINAL INVESTIGATIONS Criminal cases may involve investigations necessitating confidentiality or with special requirements. The Walker Police Department may deviate from this policy during the course of a criminal investigation. 9 Page 31 of 35  SECTION 7 – EXCEPTION/REVISION RESPONSIBILITY (1) The Walker Police Department reserves the right to deviate from this Policy when, in its sole discretion, unusual circumstances warrant deviation from this Policy and for criminal investigation purposes. (2) Responsibility for the continued review and revision of this policy lies with the Walker Police Department. (3) The Walker Police Department reserves the right to change this policy at any time, with or without notice to any Company. SECTION 8 – ACCEPTANCE OF REQUIREMENTS I have received, read, and I understand the Walker Police Department Non-Preference Towing Policy. I attest that I have the authority to legally bind the Company I represent and to agree to this Policy on its behalf. I agree that the Company I represent will adhere to the above-listed requirements and any other requirements in the Walker Police Department Non-Preference Towing Policy. I understand that the failure to comply with any of these requirements may result in my Company’s loss of qualification for Walker Police Department Non-Preference towing calls. I further understand the Walker Police Department Non-Preference Towing Policy is designed to distribute non-preference calls for Services as equitably as possible. However, I understand that the Walker Police Department makes no guarantee that my Company will receive any specific number of calls for service, even if my Company meets all qualifications under this Non-Preference Towing Policy. My Company specifically and explicitly agrees to be bound by the indemnification requirements listed in Section 1 above, for so long as it remains on the non-preference towing list and as a condition of remaining on the same. As such, by my signing below, my Company agrees to defend, indemnify, and hold harmless the City of Walker and the Walker Police Department (and their officers, agents, and employees) from any loss, liability, damage, or costs, including court costs and attorneys’ fees, that may occur due to the activities of the Company as a Company on the non-preference towing list, whether caused by the negligence of the persons or entities released or otherwise. 10 Page 32 of 35 ***** PLEASE FILL OUT THE FOLLOWING INFORMATION: Company _______________________________________________________________ Business Address _________________________________________________________ Storage Facility Address____________________________________________________ Owner/Agent ____________________________________________________________ Signature ______________________________________ Date ____________________ Telephone number __________________________________ 11 Page 33 of 35  Please provide Walker Police Department with your current rates or fees for the following services: Service Rate/Fee Service Call Preference Call Non-Preference Call Labor Rate Hook-Up Flatbed Rollover Winch Out Crash Dolly Fee Skate Fee Gasoline Tire Change Lockout Tire Change Jump Start Clean-Up Crash Clean-Up Oil Dry Mileage Rate to Company Mileage Rate to other location Storage Fee Per Day Impound Charge Lot Fee Gate Fee Administration Fee Priority/Emergency/911 Fee Hazard Fee Disposal Fee Release Fee Fuel Surcharge Fee Any Additional Fees 1. 2. 3. 12 Page 34 of 35  Non-Preference Wrecker Site Inspection 1) Each Company will provide Walker Police Department with the exact location of its storage facility, (No P.O. Box numbers are accepted). Each Company shall have its own storage facility at one location. (No multiple storage facility locations are authorized). 2) Is the business staffed with at least one person from 8am-5pm? The Company shall provide for the release of vehicles and personal property during the hours of 8:00am – 5:00pm accessible during the week and during weekend appointments. The office will always be accessible during business hours with a posted telephone number on the door of the building. 3) Does the storage facility provide the following: (1) a method of secure enclosure such as a building or fencing; and (2) a lighted and locked storage area? 4) Is the business clearly marked for customers? 5) Are the office address and storage address clearly marked? 6) Is the business address shared with any other business? 7) Is the storage location shared with any other business? 13 Page 35 of 35