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HomeMy WebLinkAbout9/12/2022 - City Council - Agenda -Regular City Counci l Meeting AGENDA Monday, September 12, 2022, 6:30 PM Work S es s io n 6:00 P.M. C ouncil C hambers C onference R oom, C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 R egular S ession 6:30 P.M. C ouncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON 1.C all to Order 2.New Business A.Discussion I tems 1) Response to public comments 2) American Rescue Plan Act funds update 3.Adjournment RE GU L AR SE S SI ON 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions A.Recognition of Constitution Week and F ort L ewis Chapter of NSD AR Present Proclamation to Elizabeth Vincel, Chapter Regent of the Fort Lewis C hapter of the National Society Daughters of the American Revolution (N SD AR) in recognition of C onstitution Week 2022. 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing component at the same meeting. T he following have signed up to speak at this meeting: 1) J ohn Breen - 142 Bogey Lane - Looking for answers B.Minutes C onsider the acceptance of the August 22, 2022, Regular Meeting minutes. 5.Old Business A.Vacation of Right of Way C onsider ordinance on second reading permanently vacating and disposing of an approximate 0.046 acres if an unopened alley situated off Dalewood Avenue. (Approved on first reading at the August 22, 2022, meeting). 6.New Business A.Salem City School Board Hold a public hearing to receive the views of citizens within the School Division regarding the School Board appointment for the expiring terms ending December 31, 2022 of two members of the City of Salem School Board. (As advertised in the September 1, 2022, issue of the Salem-Times Register). B.Appropriation of F unds C onsider request to adjust funding for the renovation to J ames I. Moyer Sports C omplex. Audit - Finance C ommittee C .Appropriation of F unds C onsider request to appropriate additional local funding for Downtown Improvements from Union Street to Broad Street. Audit - Finance Committee D.Appropriation of F unds C onsider request to amend the School Operating Fund budget and the School Grant Fund budget as approved by the School Board on August 9, 2022. Audit - Finance Committee E.Appropriation of F unds C onsider request to appropriate American Rescue Plan Act (A RPA) Tourism Grant funds. Audit - Finance C ommittee F.Appropriation of F unds C onsider request to accept and appropriate Local Law Enforcement (LO LE) Grant Funds. Audit - Finance C ommittee G.Appropriation of F unds C onsider request to appropriate American Rescue Plan Act (A RPA) Sports Marketing Incentive Program funds. Audit - Finance Committee H.Appropriation of F unds C onsider request to accept and appropriate Virginia C riminal J ustice Foundation Grant funds. Audit - Finance C ommittee I.Appropriation of F unds C onsider request to appropriate additional highway maintenance funding from the state for various projects. Audit - Finance C ommittee J .Children's Therapy C onsider setting bond for erosion and sediment control and landscaping for C hildren's T herapy. Audit - Finance C ommittee K.Comp and Class Study Request to authorize the City Manager to finalize and execute a contract with the Berkley Group to perform a compensation market study for City employee positions; and approve the use of FY23 contingency funds for this project. - Audit - Finance C ommittee 7.Adjournment Item #4B Date: 9/12/2022 City Council Meeting MINUTES Monday, August 22, 2022, 6:30 PM Work Session is cancelled for August 22, 2022 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Sa lem, Virginia 24153 WORK SESSION WORK SESSION IS CANCELLED REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia was called to order at 6:33 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and John Saunders (participated remotely); with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, Ci ty Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions Mayor Turk noted that several public hearings will be held this evening and that with the volume of citizens that were present, there would be a five-minute limit for each speaker once the public hearing had been opened. She explained how the clock worked so that each speaker would know how much time they had remaining to speak. Mayor Turk recognized Field Training Officer Watkins and asked that he introduce the two new officers that were present with him this evening. Officer Watkins introduced Officer Meredith and Officer Linkous. Mayor Turk thanked them for committing to serve the people of the City of Salem and for their hard work and dedication. Mr. Jones conveyed that they were free to leave as they knew they were on patrol. Council expressed their appreciation to the officers. Item #4B Date: 9/12/2022 Mayor Turk requested that Mr. Light read a request from Mr. Saunders to participate remotely in this Council meeting. The request from Mr. Saunders stated: "In accordance with Section 2.2-3708.2 1(A) of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely for a medical reason." Mayor Turk motioned to accept the remote participation of Mr. Saunders. Mr. Jones seconded the motion. Ayes: Foley, Jones, Wallace, Turk Abstain: Saunders 4. Consent Agenda A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component at the same meeting. The following have signed up to speak that this meeting: No citizens signed up to speak at this meeting. B. Minutes Consider acceptance of the July 25, 2022 Work Session and Regular Meeting minutes. The minutes were accepted as written. C. Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the one month ending July 2022. The financial reports were received. 5. Old Business A. Ordinance to Return Portion of Personal Property Taxes on Eligible Vehicles Consider ordinance on second reading to return a portion of tax year 2022 personal property taxes paid on those vehicles eligible for relief from the Commonwealth of Virginia's Personal Property Tax Relief Act of 1998 (PPTRA). This ordinance will become effective immediately upon adoption. (Approved on first reading at the July 25, 2022 meeting). Item #4B Date: 9/12/2022 Mayor Turk noted that Salem City Council has worked with City Staff to be able to refund a portion of Personal Property taxes received on eligible vehicles this year. She noted that this ordinance would become effective immediately upon approval. William Jones motioned to adopt ordinance on second reading to return a portion of tax year 2022 personal property taxes paid on those vehicles eligible for relief from the Commonwealth of Virginia's Personal Property Tax Relief Act of 1998 (PPTRA). Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace Mayor Turk restated that this ordinance would become effective immediately with the emergency provisions and that staff would be working to get the rebates out to citizens sometime in September. 6. New Business A. Vacation of Right of Way Hold a public hearing on the request of Joseph Thompson to consider permanently vacating and disposing of an approximate 0.046 acres of an unopened alley situated off Dalewood Avenue and consider adoption of Resolution 1440 appointing viewers to review and report on this request. (As advertised in the August 4 and 11, 2022 issues of the Salem Times- Register). Mayor Turk opened the public hearing. Joseph Thompson; 26 Carriage Lane, Troutville, VA; appeared before Council. He expressed that they had to go through the limited access process with VDOT which was done in June. This was followed by execution on environmental borings as there were some DQ records in the vicinity. This turned out to show no issues. The vacation of right of way is the next step in the process, which they are currently working through. They hope to have this recorded and be ready to move forward with the project in early October. Mayor Turk noted that Mr. Thompson is the developer for the project on this corner and thanked him for coming forward to speak with Council. Mr. Jones thanked him for cleaning this corner up and other Council members expressed appreciation as well. Mayor Turk closed the public hearing. Item #4B Date: 9/12/2022 Randy Foley motioned to forego the viewer process and to go ahead and approve the ordinance on first reading permanently vacating and disposing of an approximate 0.046 acres of an unopened alley situated off Dalewood Avenue more specifically described in the Balzer drawings where this is depicted as between Dalewood and 419. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace B. Special Exception Permit Hold public hearing to consider the request of Barker Salem Homes LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 10 School Lane, (Tax Map # 145-12-2). (As advertised in the August 4 and 11, 2022, issues of the Salem Times-Register). Planning Commission recommended approval with conditions, see page 3-8 of the August 10, 2022, Planning Commission minutes. STAFF REPORT Mayor Turk noted that Planning Commission recommended approval of this request with conditions and that Council has the information provided by the Planning Commission with the conditions set forth. Mayor Turk opened the public hearing. Lewis Barker, 324 North Broad Street, appeared before Council. He stated that his father, George Barker, 320 North Broad Street, was with him this evening. He indicated that Barker Salem Homes, LLC had been in business thi rty-three years, buying property for thirty-five years, and this was the first time that they had made this type of request. He thanked Mary Ellen Wines, Troy Loving, and the Building Officials for all of their help in working through this process. Mr. Barker stated that their original intent had been to remodel. He noted that David Elam, adjacent property owner, supports his request and that he would be here this evening if he did not live in Atlanta. He noted that some of the neighbors had shared concerns about traffic on School Lane and the appearance of the house. They are now hoping to remove the current single - family home as it does not conform to set back restrictions and to build a two- story duplex with access from White Oak Street. Mr. Barker shared that he had been in contact with the Building Inspector's Office and that, if this request was approved by Council, he would go to get a building permit and would have a building contractor ready within a week to tear the property down. The duplex would most likely not be built for a year or two. Mayor Turk asked to clarify if the duplex would be 1600 feet on each side. Mr. Barker responded that the size could be even larger than that now, but his plans Item #4B Date: 9/12/2022 are to build a duplex similar in size to the adjacen t ones with side-by-side units having a downstairs and an upstairs for each unit. Mr. Wallace asked if the intent was for the driveway to be off White Oak Street. Mr. Barker responded affirmatively. He also noted that access to School Lane would be sealed off. Faye Curren, 409 South Broad Street, presented photographs and a petition signed by homeowners living near 10 School Lane for Council. She expressed concern by the homeowners in this area that the decision made by Council would have a negative impact on their homes, safety, and traffic on School Lane. She noted concerns of crime in the area and expressed their feeling that it would impact in a negative manner on home value s. Ms. Curren requested that Council deny the applicant's request to build a two-story duplex on this property and that facing the duplex on White Oak Street would not impact on their objection to this Special Exception Permit. Larry Lefler. 403 South Broad Street addressed Council next. He clarified that he lives at the corner of South Broad and School Lane. He restated the opinion that having the duplex face White Oak instead of School Lane will not overcome their objections and that the traffic will co ntinue to be a problem on School Lane. He ended by echoing the concerns of crime and traffic and asked Council to deny this Special Exception Permit request. Mayor Turk closed the public hearing. Mr. Jones requested that Mr. Barker return to the podium for questions. He asked about the value of the house on the market. Mr. Barker responded that the value of the house on the market would be $325,000 to $350,000. Mr. Jones also asked how the concerns of police involvement and people driving through yards could be addressed. Mr. Barker responded that he would take steps so that School Lane will not be accessible to the property if this request passed. He was also asked if it is his practice to ask tenants to leave if there are problems and the response was "yes" from Mr. Barker. Mr. Foley questioned hypothetically if Mr. Barker would rent the house if it were a one-family residence and Mr. Barker responded that he it would be a rental property as well if that were the case. He felt that the better option was to tear it down, correct the setbacks, and have it facing White Oak Street. Mr. Wallace asked if he was willing to stipulate in the lease that his tenants must use the driveway on White Oak. Mr. Barker responded that would be the only option as you would not be able to access it through School Lane. Mayor Turk asked which Street the front of the duplex would face. Mr. Barker answered that it would face White Oak Street. She also asked if Item #4B Date: 9/12/2022 building a single-family home was a consideration on his part. He responded that it was not. He noted that upon purchasing the property, the house h ad been boarded up at the request of the Building Official and that the lot had been cleaned up. Mayor Turk asked if Mr. Saunders had any questions. He did not. Randy Foley motioned to approve the request of Barker Salem Homes LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 10 School Lane, (Tax Map # 145-12-2). Bill Jones seconded the request. Mr. Wallace noted that he had checked City Code and that this request seemed to be compatible with existing and future land uses in the district. He also noted that Mr. Barker would be developing the land in either case and he did not feel that the traffic would significantly be different in this case. Mr. Taliaferro pointed out that the recommendation from the Planning Commission included a condition that parking and access are from White Oak Street. Randy Foley made amended motion as follows: Randy Foley motioned to approve the request of Barker Salem Homes LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 10 School Lane, (Tax Map # 145-12-2) with the condition that parking and access are from White Oak Street. William Jones seconded the motion. Ayes: Foley, Jones, Turk, Wallace Nays: Saunders C. Special Exception Permit Hold public hearing to consider the request of Barry W Gladden and Tina Marie Gladden, property owners, for the issuance of a Special Exception Permit to allow a 1,400 SF detached garage on the p roperty located at 900 Palmer Avenue, (Tax Map # 215-7-1.1). (As advertised in the August 4 and 11, 2022, issues of the Salem Times-Register). Planning Commission recommended denial 3-2 vote, see page 8-10 of the August 10, 2022, Planning Commission minutes. STAFF REPORT Mayor Turk opened the public hearing. Barry Gladden, 900 Palmer Avenue, appeared before Council. He shared that he had been living at this property for fifty-three years. He is wishing to take down the steel building that is now on the pr operty and put up one that is 50' by 28' to house three vehicles. He plans to paint the house brown with green Item #4B Date: 9/12/2022 trim to match the garage and the roof would match the house as well . He also plans to plant evergreens that would grow no higher than 12 feet tal l around the property line and to pave the bottom driveway. Mr. Gladden noted that he had spoken with neighbors on Mulberry and Palmer to get feedback about his plan and that the neighbors were supportive. Mayor Turk asked what the dimensions of the house were, and Mr. Gladden responded that it was 26' by 48'. She also commented on the metal garage that is currently on the property. He responded that it was not in good condition and that he planned to take it down and pour a concrete slab. Mr. Gladden stated that he was happy to change the address to Mulberry and take down the fence as Community Development had recommended. He also noted that he was willing to do whatever was required by zoning and that he was willing to do a detached garage. Mr. Foley asked to clarify if Mr. Gladden was proposing to have an attached or detached garage. Mr. Van Allman spoke to the definition of what an attached garage was, and discussion was held on what conditions had to be met in order to be considered an attached garage. it was determined that the only way to move forward with this building that Mr. Gladden had purchased that the garage would have to be detached in order to comply. Mr. Jones also added clarification on the benefit of the plan to build a detached structu re. Mr. Foley asked to clarify the issues with the current side yard as the detached structure cannot be placed on a side yard. The petitioner is willing to change his address to Mulberry Street which would be placing the future garage in the rear yard. Mayor Turk asked Mr. Saunders if he had any questions, and he responded that he did not. Elizabeth Bowles, 2248 Mount Regis Drive, also addressed Council. She expressed concern for the number of large garages that were being built in the neighborhood and the effect of this on the appearance of the neighborhood. Michael M. Akers, 1343 Waldheim Road, was the third citizen to address Council. He spoke in support of Mr. Gladden, noting that he owns the property beside Mr. Gladden on Palmer Avenue. Mr. Akers stated that he had known Mr. Gladden for a number of years and been to Mr. Gladden's home and reviewed his plans. He noted that he did not have a problem with Mr. Gladden building this structure and that Mr. Gladden had assured him that he would be Item #4B Date: 9/12/2022 clearing out debris and planting some Evergreens to beautify the property and hide a portion of the garage from the street and from his property. Mr. Jones asked Mr. Van Allman what the required amount of separation from the main house was. Mr. Van Allman said that he felt three feet would work but that he would have to check into that. Mayor Turk asked if the entryway would still be from Palmer. Mr. Van Allman said that the entrance would still be off of Palmer but that the address would have to be changed to Mulberry and that this should not be an issue with Emergency Services due to GIS. He noted that Community Development would make sure that the requirement for Change of Address was followed through with. Terry Trent, 2025 Mulberry Street, was the last citizen to address Council this evening. He stated that he owned the house behind Mr. Gladden, that he had known Mr. Gladden for seven years and that he had been an excelle nt neighbor. He noted that Mr. Gladden has promised to clean up the debris on the fence line and that the trees on the fence were actually on his property. He stated that they have plans to work together to take these trees down and plant the evergreens in this area between the two homes. Mr. Foley asked Mr. Gladden if he was planning to replace the fence. Mr. Gladden responded that he plans to take it down and plant the evergreens. Mr. Jones questioned if he would be doing welding at this address and Mr. Gladden consented that he would not be doing welding at this location. Mayor Turk closed the public hearing. Mr. Wallace expressed the feeling that Special Exception Permit requirements should be compatible with the existing and future land uses in the district. He felt this is not compatible with other land use in the district, which is a requirement for the Special Exception Permit. Mayor Turk concurred that she had concerns with this as well. William Jones motioned to approve the request of Barry W Gladden and Tina Marie Gladden, property owners, for the issuance of a Special Exception Permit to allow a 1,400 SF detached garage on the property located at 900 Palmer Avenue, (Tax Map # 215-7-1.1) with the conditions that the address be changed to Mulberry Street and that the fence be shortened or removed. Randy Foley seconded the motion. Item #4B Date: 9/12/2022 Ayes: Foley, Jones Nays: Saunders, Turk, Wallace D. Special Exception Permit Hold public hearing to consider the request of Ornelas Main Street, LLC, property owner, for the issuance of a Special Exception Permit to allow automobile repair services, major on the property located at 2016-2020 West Main Street, (Tax Map # 138-2-3). (As advertised in the August 4 and 11, 2022, issues of the Salem Times-Register). Planning Commission continued the item, see page 10-12 of the August 10, 2022, Planning Commission minutes. STAFF REPORT Mayor Turk noted that this particular item was continued at the Planning Commission. The public hearing was opened; however, the Planning Commission needs to complete further review and make a recommend ation before Council addresses this item. Renee Turk motioned to table this item until Planning Commission has been able to finish their review and make a recommendation to Council. James Wallace seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Salem City School Board Consider setting date for public hearing in accordance with Section 22.1-29.1 of the Code of Virginia 1950, as amended, regarding the expiration of terms for Artice Ledbetter and Andy Raines. (Suggest date of September 12, 2022). Mayor Turk suggested holding a public hearing at the September 12, 2022, Council meeting in order to give citizens time to determine if they would like to apply for a position on the City of Salem's School Board. She further explained that they could go on the City of Salem Web site to get directions for how and where to apply. She noted that there are two seats that will become av ailable and that if citizens were interested in being on the School Board that they should make sure to have their application in by September 12. On that date, the names of the citizens that had applied would be presented to Council to be considered for a position. Council would then be considering and potentially interviewing the candidates and a decision would be made soon afterwards. Mr. Foley asked to confirm that the candidates would have the opportunity but were not required to speak at the September 12th meeting. Mr. Light confirmed this. Item #4B Date: 9/12/2022 Renee Turk motioned to set a date for a public hearing in accordance with Section 22.1-29.1 of the Code of Virginia 1950, as amended, regarding the expiration of terms for Artice Ledbetter and Andy Raines at the September 12, 2022, meeting of City Council. Randy Foley seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace F. Boards and Commissions Consider appointments to various boards and commissions. Mr. Foley confirmed with Mr. Light that the Community Policy and Management Team had already approved these recommendations and that they were now being presented for Council's approval. All of the following recommendations are upon CPMT approval for the Community Policy and Management Team. Randy Foley motioned recommend appointing Cathy Brown to replace Cheryl Wilkinson from Blue Ridge Behavioral Healthcare and Sarah Watkins and Heather Gunn as additional alternates; recommend appointing Sherry Brown to replace Rosemary Walker as an alternate from Court Service Unit; and recommend appointing Sue Goad to replace Shannon Brabham from DSS and Chrissy Brake to replace Joyce Earl as alternate. Renee Turk seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Adjournment The meeting was adjourned at 7:27 p.m. Item # 5A Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Consider ordinance on second reading permanently vacating and disposing of an approximate 0.046 acres of an unopened alley situated off Dalewood Avenue. (Approved on first reading at the August 22, 2022, meeting). SUBMITTED BY: Rob Light, Assistant City Manager SUMMARY OF INFORMATION: The City of Salem received a request from Joseph Thompson to vacate an approximate 0.046 acres of an unopened alley situated off Dalewood Avenue. The right of way is bounded on the east by Dalewood Avenue, on the west by Tax Parcel #77-3-13, on the north by Tax Parcel #77-3-12 and on the south by Tax Parcel #77-3-14. Vacation is necessary for the redevelopment of the northeast corner of Electric Road and East Main Street consisting of five parcels for a self-storage facility. Council previously approved rezoning necessary for two of the parcels on August 9, 2021 that included the acceptance of proffered conditions for substantial conformance with the conceptual site plan and architectural rendering provided. Section 15.2-2006 of the Code of Virginia below addresses the process for consideration of such requests: § 15.2-2006. Alteration and vacation of public rights-of-way; appeal from decision. In addition to (i) the powers contained in the charter of any locality, (ii) any powers now had by such governing bodies under the common law or (iii) powers by other provisions of law, public rights -of-way in localities may be altered or vacated on motion of such governing bodies or on application of any person after notice of intention to do so has been published at least twice, with at least six days elapsing between the first and second publication, in a newspaper having general circulation in the locality. The notice shall specify the time and place of a hearing at which persons affected may appear and be heard. The cost of publishing the notice shall be taxed to the applicant. At the conclusion of the hearing and on application of any person, the governing body may appoint three to five people to view such public right -of-way and report in writing any inconvenience that would result from discontinuing the right -of-way. The governing body may allow the viewers up to fifty dollars each for their services. The sum allowed shall be paid by the person making the application to alter or vacate the public right-of-way. From such report and other evidence, if any, and after the land owners affected thereby, along the public right-of-way proposed to be altered or vacated, have been notified, the governing body may discontinue the public right-of-way. When an applicant requests a vacation to accommodate expansion or development of an existing or proposed business, the governing body may condition the vacation upon commencement of the expansion or development within a specified period of time. Failing to commence within such time may render the vacation, at the option of the governing body, void. A certified copy of the ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the locality. A conditional vacation shall not be recorded until the condition has been met. Any appeal shall be filed within sixty days of adoption of the ordinance with the circuit court for the locality in which the public right-of-way is located. STAFF RECOMMENDATION: Staff recommends Council approve ordinance on second reading. July 29, 2022 Joseph Thompson Property Catalyst Group 133 Kirk Avenue SW Roanoke, VA 24011 City of Salem, Virginia City Manager and City Council 114 North Broad Street Salem, VA 24153 Dear Mr. Taliaferro and City Council, I am hereby petitioning the City of Salem to vacate an approximate 0.046 acres of an unopened right of way situate off Dalewood Avenue more particularly described as follows: BEGINNING AT A POINT ON THE WEST RIGHT OF WAY LINE OF DALEWOOD AVENUE; SAID POINT BEING 212.4’ MORE OR LESS FROM THE INTERSECTION OF DALEWOOD AVENUE AND EAST MAIN STREET (RTE. 460); THENCE LEAVING DALEWOOD AVENUE AND WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 25.54', WITH A RADIUS OF 15.00', WITH A CHORD BEARING OF N 46°20'02" W, AND A CHORD LENGTH OF22.56', TO A POINT; THENCE S 84°54'58" W A DISTANCE OF 119.37' TO A POINT ON THE EASTERLY LINE OF T.M.#77-3-13; THENCE N 05°05'02" W A DISTANCE OF 14.00' TO A POINT ON THE SOUTHERLY LINE OF T.M.#77-3-12; THENCE N 84°54'58" E A DISTANCE OF 131.24' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 8.12', WITH A RADIUS OF 11.85', WITH A CHORD BEARING OF N 65°17'23" E, AND A CHORD LENGTH OF 7.96', TO A POINT ON THE EAST RIGHT OF WAY OF DALEWOOD AVE; THENCE WITH THE SAME S 02°30'58" W A DISTANCE OF 33.94' TO THE POINT AND PLACE OF BEGINNING, HAVING AN AREA OF 1,995 SQUARE FEET, OR 0.046 ACRES, LYING AND BEING IN THE CITY OF SALEM VIRGINIA. The purpose of this vacation request is to facilitate combining and redevelopment of five parcels located on the northeast corner of Electric Road and East Main Street. Thank you for your consideration of my request. Sincerely, Joseph Thompson AN ORDINANCE enacted pursuant to the provisions of Section 15.2-2272 of the 1950 Code of Virginia, as amended, providing for vacating a right of way in the City of Salem, Virginia. WHEREAS, an application to vacate and dispose of an unopened alley situated off Dalewood Avenue has been filed with the City of Salem pursuant to said Section 15.2-2272. The unopened alley right of way is bounded on the east by Dalewood Avenue, on the west by Tax Parcel #77-3-13, on the north by Tax Parcel #77-3-12 and on the south by Tax Parcel #77-3- 14 as shown on that certain drawing prepared by Balzer and Associates dated July 2022, attached hereto and made a part hereof (herein “Vacated Right-of-Way”), said application being filed by Joseph Thompson of Property Catalyst Group, developer; and WHEREAS, pursuant to Section 15.2-2272 and Section 15.2-2204, the applicant in this proceeding has caused a public notice to be published in the Salem Times Register, a newspaper published and having general circulation in the City of Salem, Virginia, such publication having been made twice, with at least six days elapsing between the first and second publication, to-wit; on August 4 and 11, 2022, and such notice specified the time and place of hearing to-wit: August 22, 2022, at 6:30 p.m. in Council Chambers of the City of Salem, at 114 North Broad Street, Salem, Virginia, at which time persons affected may appear and present their views, all of which is shown by a Certificate of Publication executed by Salem Times-Register and filed with the papers in their proceeding; and WHEREAS, a proper notice has been given to the land proprietors affected by the closing; and WHEREAS, the Council, after considering the evidence submitted, is of the opinion that vacating and closing the portion of the right of way described above will not abridge or destroy any of the rights and privileges of any person, and that no inconvenience would result to anyone therefrom, and it is further of the opinion that the request of the applicant should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that the Vacated Right-of-Way is permanently vacated, discontinued, and closed as provided in Section 15.2-2272 of the 1950 Code of Virginia, as amended to date; and BE IT FURTHER ORDAINED that title to the Vacated Right-of-Way shall vest in the adjoining property owners with the provisions of Section 15.2-2274 of the Code of Virginia (1950). BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that a certified copy of this ordinance be delivered to the Clerk of the Circuit Court of the City of Salem, Virginia, for recordation therein, and to the Community Development Department of the City of Salem, Virginia, make appropriate notice of vacation herein approved on the maps and other documents in his office. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/ Mayor ATTEST: H. Robert Light Clerk of Council, City of Salem, Virginia Item #6A Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Hold a public hearing to receive the views of citizens within the School Division regarding the School Board appointment for the expiring terms ending December 31, 2022 of two members of the City of Salem School Board. SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: City Council is holding a public hearing pursuant to section 22.1 -29.1 of the Code of Virginia as amended to receive citizen views regarding filling the expiring terms ending December 31, 2022, of Artice Ledbetter and Andy Raines for the City of Salem School Board. As advertised in the Thursday, September 1st edition of the Salem Times-Register, all candidates seeking appointment must submit a letter of interest and resume prior to the end of this public hearing. Applications received by the Clerk’s office prior to the issuance of this agenda package are included for review. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends Council conduct a public hearing on this item. R A C H E L L O U I S E D I T S E G O T H O M P S O N EXPERIENCE Poarch Thompson Law Firm, Salem, Virginia Owner and Managing Attorney, 2022 - Present Partner, 2020 - 2021 Associate Attorney, 2013 - 2019 Law Clerk, 2012 - 2013 Boutique immigration law firm serving individuals, families and businesses Liberty University School of Law, Lynchburg, Virginia Adjunct Professor of Law, Spring 2019 - Present EDUCATION J.D., Liberty University School of Law, Lynchburg, Virginia, 2012 B.A., Spanish Business, Messiah College, Grantham, Pennsylvania, 2008 LICENSURE Virginia State Bar, 2013 Western District of Virginia, 2019 United States Supreme Court, 2018 FOREIGN Spanish, (non-native fluency) LANGUAGE LEADERSHIP Board of Directors, DePaul Community Resources, 2017 - Present ROLES Executive Board, Salem/Roanoke County Bar Association, 2017 - Present Executive Board, Federal Bar Association-Immigration Law Section, 2020 - Present Board of Directors, Blue Ridge Legal Services, 2020 - Present RECOGNITION The Roanoker Magazine’s 40 Under 40, 2020 Alumni of the Year Award from Delaware County Christian School, 2019 Virginia Business: Legal Elite (Immigration Law), 2019-2021 Super Lawyers, Rising Star, 2019-2022 Federal Bar Association, Immigration Law Section, Younger Lawyer of the Year Award, 2018 MEMBERSHIPS Federal Bar Association, 2012 - Present Roanoke Chapter, Virginia Women Attorneys Association, 2013 - Present Roanoke Bar Association, 2013 - Present Salem/Roanoke County Bar Association, 2013 - Present LEADERSHIP Batten Leadership Institute (Certificate of Leadership), Hollins University 2018 COURSES SELECTED Federal Bar Association, Immigration Law Section Annual Meetings PUBLIC Many Voices One Truth: Race, Poverty & Social Justice Conference, Lynchburg College SPEAKING Poarch Law Stakeholder Events Immigration Law Class, Liberty University School of Law Roanoke College Spanish Class Local Church Organizations Rotary Clubs Kiwanis Clubs Blue Ridge Fellows, Church of the Holy Spirit Roanoke Valley SHRM Conference Local Government Attorney’s Conference Local Government Paralegal’s Conference POARCH THOMPSON LAW | 201 S. COLLEGE AVENUE | SALEM, VIRGINIA 24153 |RACHEL@POARCHLAW.COM | (540) 387-1005 Item #6B Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Request to adjust funding for the renovation to James I. Moyer Sports Complex SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: On July 25, 2022, an additional appropriation of $12,584,331 was requested and approved for renovations on the James I. Moyer Sports Complex. Together with bond proceeds of $15,000,600 already appropriated on June 27, 2022, the total estimated project cost of $27,584,931 was allocated. On July 12, 2021, local funding of $870,500 was identified in the fiscal year 2021 General Fund operating budget to commence design work. With the appropriations from June 27, 2022 and July 25, 2022, the funding of $870,500 is no longer needed to fully fund the project and can be transferred back to the General Fund contingency account. FISCAL IMPACT: Local funding of $870,500 was identified in the fiscal year 2021 General Fund operating budget and transferred to the Capital Projects Fund for design work on the James I. Moyer Sports Complex renovations. After fully funding the project on July 25, 2022, the $870,500 is no longer needed and can be transferred back to the General Fund contingency account. STAFF RECOMMENDATION: Staff recommends transferring $870,500 from the Moyer Sports Complex Renovation account 20-070-0205-54729 to the Transfer To General Fund account 20-012-0205-59470 and appropriating $870,500 to the Transfer From Capital Projects account 10-012-0100- 49980 and the Contingency account 10-012-9110-59500. Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 8/8/2022 10‐012‐0100‐49980 Transfer From Capital Projects 870,500              Appropriate Transfer from Capital Projects per 8/8/22 council action 8/8/2022 10‐012‐9110‐59500 Contingency 870,500              Appropriate Transfer from Capital Projects per 8/8/22 council action 8/8/2022 20‐070‐0205‐54729 Moyer Sports Complex Renovation (870,500)             Appropriate Transfer from Capital Projects per 8/8/22 council action 8/8/2022 20‐012‐0205‐59470 Transfer to General Fund 870,500              Appropriate Transfer from Capital Projects per 8/8/22 council action Item #6C Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Request to appropriate additional local funding for Downtown Improvements from Union Street to Broad Street SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City of Salem has completed design work on the Downtown Revitalization phase on East Main Street that extends from Union Street to Broad Street. This phase will replace and widen sidewalks, improve crosswalks, and install streetscaping and new lighting. It will improve safety for pedestrians and motorists by shortening and improving pedestrian crossings and visibility. The City of Salem has been awarded and appropriated a $500,000 Revenue Sharing grant from the Virginia Department of Transportation (VDOT) along with the $500,000 required local match and additional local funding of $1,254,140 already allocated and appropriated to the Downtown Revitalization project, a total of $2,254,140. An additional $250,000 was included in the FY2023 General Fund operating budget and needs to be appropriated in the Capital Projects Fund in order to fully fund the contract amount of $2,504,140. FISCAL IMPACT: This grant, local match, and additional local funding will allow us to continue the work on the Downtown Revitalization Project. STAFF RECOMMENDATION: Staff recommends appropriating $250,000 to the Transfer from General Fund revenue account 20-012-0200-49905 and to the Downtown Improvement – E Main/Union Street to Broad Street expenditure account 20-080-0205-54805. Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 8/8/2022 20‐012‐0200‐49905 Transfer From General Fund ‐ Capital Projects 250,000        Council 8/8 ‐ Appropriate Addl Local Funding for Union to Broad 8/8/2022 20‐080‐0205‐54805 Downtown Impr ‐ E Main St/Union St to Broad St 250,000        Council 8/8 ‐ Appropriate Addl Local Funding for Union to Broad Item #6D Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Request to amend School Operating Fund budget and the School Grant budget as approved by the School Board on August 9, 2022 SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The School Operating Fund budget and the School Grants budget were amended for fiscal year 2022-2023 by the School Board at their meeting on August 9, 2022. The Board amended the School Operating Fund budget and the School Grants budget to increase revenues and expenditures by $3,427,173 and $78,845, respectively. The attached memo details the appropriation changes. FISCAL IMPACT: Appropriation changes totaling $3,427,173 and $78,845 are to be made to the School Operating Fund and School Grants Fund, respectively. STAFF RECOMMENDATION: Staff recommends that Council approve the School Board’s appropriation changes of $3,427,173 and $78,845 to the School Operating Fund and the School Grants Fund, respectively, per the attached report. C:\Users\mhall\Downloads\FY 2023 Budget Adjustments Narrative - State & Local Funding Updates from Late Budgets 08042022.doc Salem City Schools Budget Amendments FY 23 August 9, 2022 Summary of Issue: Presented for your consideration are amendments to the 2022-2023 School Operating Fund budget and School Grants Fund. Amendments are required for a variety of reasons. When th e Board adopts the budget, it is based on known facts and assumptions made throughout the budget process. Over time, these assumptions change; demands may be made by parents and/or students, state mandates previously unknown may come in to play, student e nrollment may change, and even the Board itself may place additional requirements on school finances. In this instance, the State was late in approving their budget and the budget approved by the Board in March 2022 reflected only the information we had at that time. In receiving updated information from State after the budget was approved in June 2022, we can now amend the adopted budget to reflect the final State revenues to be received by Salem City Schools. School Operating Fund  Local Revenue is increased by $900,000 due to the additional funding granted to us by the City to assist with additional raises for teachers and to increase the support scale to reflect the required minimum wage increases.  State revenue is increased by $2,527,173 due to technical changes made by the General Assembly with updated data received such as more up-to-date sales tax estimates, as well as new funding for School Construction ($1,905,758) and for an ARPA funded Bonus Payment ($387,067) in FY 23.  Expenditures are increased by the same $3,427,173 net amount in various cost centers to offset the increase in revenues. Construction funding was offset in the East Salem and West Salem maintenance accounts for roofing projects on the already approved 6 year Capital Improvements Plan (CIP), bonuses are offset in bonus accounts, and any additional funding is offset within salary and benefit lines for the increases to compensation for employees. Any other changes are housekeeping in nature based on information obtained after the budget was approved and in need of clean up. School Grants Fund - On July 22, 2022, we received notification from the Virginia Department of Education (VDOE) that we were awarded a $78,845 School Based Health Workforce grant from their American Rescue Pla n Act (ARPA) Centers for Disease Control and Prevention (CDC) allotted funds to schools to establish, expand, and sustain a public health workforce . This project will allow schools to address the needs and challenges of the school health C:\Users\mhall\Downloads\FY 2023 Budget Adjustments Narrative - State & Local Funding Updates from Late Budgets 08042022.doc workforce with school – based initiatives. The funding will be used for to hire one school nurse, to provide training for all nurses and substitutes on the web -based medical record software used in the division, to provide payment toward courses for nurses to move toward bachelor’s degrees, to provide a mobile workstation and to provide registration and expenses for attendance at the summer institute of school nurses to acquire valuable professional development. Cafeteria & Capital Projects Funds are in satisfactory condition and we are not recommending any amendments at the time. Policy Reference: DA-BR Budget Transfers Fiscal Impact: The budget adjustments in attachment A will increase the revenue and expenditure budgets in the school operating fund in total by the same amount of $ 3,427,173. The budget adjustments in attachment B will increase the revenue and expenditure budgets in the school grants fund in total by the same amount of $ 78,845. Recommended Action: Move approval of the budget amendments in th e School Operating and School Grants Funds as presented and recommend that City Council approve the same G/L Account Number Account Description 2023 City Council/Board Approval Amended Budget Requested Adjustment Needed Attachment A 30-110-00-00-9-000-61000 Sales Tax 1 Cent 4,106,609.00 4,100,588.00 (6,021.00) 30-110-00-00-9-000-61003 Sales Tax 1/8 Cent 586,658.00 585,798.00 (860.00) 30-110-00-00-9-000-61006 Basic Aid 11,939,661.00 12,329,923.00 390,262.00 30-110-00-00-9-000-61009 Vocational Education 237,645.00 242,270.00 4,625.00 30-110-00-00-9-000-61012 Gifted Education 126,898.00 126,903.00 5.00 30-110-00-00-9-000-61015 Special Education 1,418,949.00 1,419,007.00 58.00 30-110-00-00-9-000-61018 Textbooks (SOQ)305,432.00 305,444.00 12.00 30-110-00-00-9-000-61021 Prevention, Intervention, Remediation 316,091.00 316,104.00 13.00 30-110-00-00-9-000-61024 English as 2nd Language 147,350.00 133,955.00 (13,395.00) 30-110-00-00-9-000-61050 VRS Teacher Retirement Reimb- Instructional 1,709,661.00 1,721,267.00 11,606.00 30-110-00-00-9-000-61053 FICA Reimb - Instructional 733,701.00 738,345.00 4,644.00 30-110-00-00-9-000-61056 VRS Group Life Insurance Reimb - Instructional 50,759.00 53,069.00 2,310.00 30-110-00-00-9-000-61101 At Risk (Incentive Funded)655,295.00 346,449.00 (308,846.00) 30-110-00-00-9-000-61113 Compensation Supplement 791,302.00 742,223.00 (49,079.00) 30-110-00-00-9-000-61140 No Loss Funding 439,117.00 620,378.00 181,261.00 30-110-00-00-9-000-61150 School Construction Grant Program Entitlement 0.00 1,905,758.00 1,905,758.00 30-110-00-00-9-000-61315 Early Reading Intervention 202,042.00 148,008.00 (54,034.00) 30-110-00-00-9-000-61330 At Risk (Lottery Funded)232,042.00 306,102.00 74,060.00 30-110-00-00-9-000-61550 Bonus Payment 0.00 387,067.00 387,067.00 30-110-00-00-9-000-63115 Alternative Ed Program Reimbursement 95,834.00 93,561.00 (2,273.00) $24,095,046.00 $26,622,219.00 $2,527,173.00 $24,095,046.00 $26,622,219.00 $2,527,173.00 $24,095,046.00 $26,622,219.00 $2,527,173.00 $24,095,046.00 $26,622,219.00 $2,527,173.00 $24,095,046.00 $26,622,219.00 $2,527,173.00 30-170-67-67-9-720-63005 Transfer From General Fund 20,897,899.00 21,797,899.00 900,000.00 $20,897,899.00 $21,797,899.00 $900,000.00 $20,897,899.00 $21,797,899.00 $900,000.00 $20,897,899.00 $21,797,899.00 $900,000.00 $20,897,899.00 $21,797,899.00 $900,000.00 $20,897,899.00 $21,797,899.00 $900,000.00 $44,992,945.00 $48,420,118.00 $3,427,173.00 30-110-61-31-2-120-71110 Compensation - Administrative 62,024.00 75,045.00 13,021.00 30-110-61-31-2-120-72210 VRS Pension Contribution 22,015.00 23,968.00 1,953.00 30-110-61-31-3-120-71110 Compensation - Administrative 62,024.00 68,533.00 6,509.00 30-110-61-31-3-120-72210 VRS Pension Contribution 22,015.00 22,991.00 976.00 30-110-61-31-2-110-71110 Compensation - Administrative 138,567.00 224,182.00 85,615.00 Budget Worksheet Report REVENUES Total EXPENSES Program: 720 - Intra Agency Fund Program Total: 720 - Intra Agency Fund Level Total: 9 - District Wide Sub-Function Total: 67 - Debt Service & Transfers Cost Center Total: 67 - Debt Service & Fund Transfers Department Total: 170 - Non-Departmental Cost Center Total: 00 - Revenue Department Total: 110 - Central Instruction Department: 170 - Non-Departmental Cost Center: 67 - Debt Service & Fund Transfers Sub-Function: 67 - Debt Service & Transfers Level: 9 - District Wide Sub-Function: 00 - Revenues Level: 9 - District Wide Program: 000 - General Revenue Program Total: 000 - General Revenue Level Total: 9 - District Wide Sub-Function Total: 00 - Revenues Fund: 30 - School General Fund REVENUES Department: 110 - Central Instruction Cost Center: 00 - Revenue G/L Account Number Account Description 2023 City Council/Board Approval Amended Budget Requested Adjustment Needed Budget Worksheet Report 30-110-61-31-2-110-72210 VRS Pension Contribution 30,014.00 42,856.00 12,842.00 30-110-61-31-3-110-71110 Compensation - Administrative 122,934.00 165,735.00 42,801.00 30-110-61-31-3-110-72210 VRS Pension Contribution 29,237.00 35,657.00 6,420.00 30-111-61-10-3-110-71120 Compensation-Instructional Salaries 3,793,737.00 3,969,841.00 176,104.00 30-111-61-10-3-110-72100 FICA 310,428.00 321,903.00 11,475.00 30-111-61-10-3-110-72210 VRS Pension Contribution 635,161.00 659,590.00 24,429.00 30-116-64-64-9-420-71190 Compensation - Custodians 115,889.00 125,854.00 9,965.00 30-112-61-10-4-110-71120 Compensation-Instructional Salaries 3,377,220.00 3,510,117.00 132,897.00 30-112-61-10-4-110-72100 FICA 276,736.00 288,211.00 11,475.00 30-112-61-10-4-110-72210 VRS Pension Contribution 574,277.00 592,225.00 17,948.00 30-116-64-64-9-420-71190 Compensation - Custodians 115,889.00 125,854.00 9,965.00 30-113-61-10-2-110-71120 Compensation-Instructional Salaries 1,842,230.00 1,917,208.00 74,978.00 30-113-61-10-2-110-72100 FICA 156,355.00 167,830.00 11,475.00 30-113-61-10-2-110-72210 VRS Pension Contribution 328,261.00 337,521.00 9,260.00 30-116-64-64-9-420-71190 Compensation - Custodians 115,889.00 125,854.00 9,965.00 30-114-61-10-2-110-71120 Compensation-Instructional Salaries 1,712,361.00 1,781,840.00 69,479.00 30-114-61-10-2-110-72100 FICA 144,669.00 156,144.00 11,475.00 30-114-61-10-2-110-72210 VRS Pension Contribution 304,108.00 312,544.00 8,436.00 30-116-64-64-9-420-71190 Compensation - Custodians 115,889.00 125,854.00 9,965.00 30-115-61-10-2-110-71120 Compensation-Instructional Salaries 1,354,970.00 1,418,842.00 63,872.00 30-115-61-10-2-110-72100 FICA 116,403.00 127,878.00 11,475.00 30-115-61-10-2-110-72210 VRS Pension Contribution 240,731.00 248,326.00 7,595.00 30-115-64-64-9-420-71190 Compensation - Custodians 115,889.00 125,854.00 9,965.00 30-116-61-10-2-110-71120 Compensation-Instructional Salaries 1,694,237.00 1,769,282.00 75,045.00 30-116-61-10-2-110-72100 FICA 145,069.00 156,544.00 11,475.00 30-116-61-10-2-110-72210 VRS Pension Contribution 304,367.00 313,637.00 9,270.00 30-116-64-64-9-420-71190 Compensation - Custodians 115,889.00 125,854.00 9,965.00 30-122-62-62-9-222-71131 Compensation - School Nurses 382,501.00 403,075.00 20,576.00 30-122-62-62-9-222-72210 VRS Pension Contribution 63,572.00 66,658.00 3,086.00 30-130-63-63-9-320-71170 Compensation - Bus Drivers 596,824.00 628,902.00 32,078.00 30-130-63-63-9-320-72210 VRS Pension Contribution 11,459.00 16,271.00 4,812.00 30-116-64-64-9-420-73180 Repair/Maint - Other Contracted 16,108.00 572,308.00 556,200.00 30-116-64-64-9-420-76110 Supplies - Operational 15,000.00 385,800.00 370,800.00 30-114-64-64-9-420-73180 Repair/Maint - Other Contracted 15,108.00 602,363.00 587,255.00 30-114-64-64-9-420-76110 Supplies - Operational 15,000.00 406,503.00 391,503.00 30-111-61-10-3-110-71665 Bonus Payments To Teachers 0.00 69,629.00 69,629.00 30-112-61-10-4-110-71665 Bonus Payments To Teachers 0.00 69,629.00 69,629.00 30-113-61-10-2-110-71665 Bonus Payments To Teachers 0.00 69,629.00 69,629.00 30-114-61-10-2-110-71665 Bonus Payments To Teachers 0.00 69,629.00 69,629.00 30-115-61-10-2-110-71665 Bonus Payments To Teachers 0.00 69,628.00 69,628.00 30-116-61-10-2-110-71665 Bonus Payments To Teachers 0.00 69,629.00 69,629.00 30-130-63-63-9-320-76125 Fuel and Lubricants 125,000.00 200,000.00 75,000.00 30-112-61-10-4-110-71650 Compensation - NBC Teacher Bonus 5,000.00 2,500.00 (2,500.00) 30-112-61-32-4-110-71650 Compensation - NBC Teacher Bonus 0.00 2,500.00 2,500.00 G/L Account Number Account Description 2023 City Council/Board Approval Amended Budget Requested Adjustment Needed Budget Worksheet Report 30-121-62-62-9-211-75300 Insurance - General Liability 54,000.00 50,757.00 (3,243.00) 30-121-64-64-9-420-75302 Insurance - Property 67,895.00 69,215.00 1,320.00 30-130-63-63-9-320-75304 Insurance - Motor Vehicle 17,995.00 19,918.00 1,923.00 30-121-62-62-9-214-72700 Workers Compensation 73,640.00 0.00 (73,640.00) 30-111-61-10-3-110-72300 Group Health and Dental Insurance 499,333.00 511,606.00 12,273.00 30-112-61-10-4-110-72300 Group Health and Dental Insurance 353,058.00 365,331.00 12,273.00 30-113-61-10-2-110-72300 Group Health and Dental Insurance 231,136.00 243,409.00 12,273.00 30-114-61-10-2-110-72300 Group Health and Dental Insurance 222,884.00 235,157.00 12,273.00 30-115-61-10-2-110-72300 Group Health and Dental Insurance 188,955.00 201,230.00 12,275.00 30-116-61-10-2-110-72300 Group Health and Dental Insurance 200,130.00 212,403.00 12,273.00 $21,650,082.00 $25,077,253.00 $3,427,173.00 $3,427,173.00 $3,427,173.00 $0.00 EXPENSES Total Fund REVENUE Total: 30 - School General Fund Fund EXPENSE Total: 30 - School General Fund Fund Total: 30 - School General Fund To set up budget for new revenues received in FY 23 Account Code Description Revenue Amount Expenditure Amount Grant Fund 32-640-00-00-9-000-6XXXX School-Based Health Workforce Grant 93.354 78,845.00$ 32-640-62-62-9-222-71131 Compensation-School Nurses 46,000.00$ 32-640-62-62-9-222-72100 FICA 3,519.00$ 32-640-62-62-9-222-72210 VRS Pension Contribution 7,645.00$ 32-640-62-62-9-222-72300 Group Health & Dental Insurance 7,963.00$ 32-640-62-62-9-222-72400 VRS Group Life Insurance 616.00$ 32-640-62-62-9-222-72750 VRS Retiree Health Care Credit 557.00$ 32-640-62-62-9-222-73037 Contractual Services - Other 3,000.00$ 32-640-62-62-9-222-73255 Professional Development 9,325.00$ 32-640-62-62-9-222-76045 Furniture & Equipment 220.00$ 78,845.00$ 78,845.00$ Salem City Schools Budget Adjustments 8/9/2022 Attachment B Item #6E Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Appropriate American Rescue Plan Act (ARPA) Tourism Grant funds awarded by Virginia Tourism Corporation SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City of Salem was awarded $70,000 in ARPA funds through the Virginia Tourism Corporation. Federal funds were allocated across all 133 Virginia counties and independent cities based on state tourism taxes generated. Salem’s funding will be used for various marketing initiatives and will be spent in fiscal years 2023 and 2024. FISCAL IMPACT: Proceeds from the grant will cover the cost of services not included in the FY23 operating budget. STAFF RECOMMENDATION: Appropriate $70,000 in grant revenue to account 15-053-0100-48541 and increase the budget for the grant expenditures, 15-053-8170-59602, by $70,000. Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 9/12/2022 15‐053‐0100‐48541 ARPA ‐ VA Tourism Recovery Program 70,000       Appropriate ARPA funding for Tourism per 9/12/22 council action 9/12/2022 15‐053‐8170‐59602 ARPA ‐ VA Tourism Recovery Program 70,000       Appropriate ARPA funding for Tourism per 9/12/22 council action Item #6F Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Request to accept and appropriate Local Law Enforcement (LOLE) Grant Funds SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City of Salem Police Department was awarded Local Law Enforcement (LOLE) grant funding of $1,139 through Virginia Department of Criminal Justice Services. Funds will be used to purchase Guardian Angel Elite Series traffic warning devices that will be worn on the top shoulder of officers working in school crossing zones. The grant does not require a match. FISCAL IMPACT: The $1,139 grant will allow us to purchase needed items that are not included in the current budget. STAFF RECOMMENDATION: Staff recommends accepting the $1,139 grant from Virginia Department of Criminal Justice Services and appropriating $1,139 in grant revenue to account 10-030-0100-48533 and $1,139 to the grant expenditure account, 10-030-3110-55879, for the purpose stated above. Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 9/12/2022 10‐030‐0100‐48533 Police Federal Grants Revenue 1,139         Appropriate LOLE grant funding per 9/12 council action 9/12/2022 10‐030‐3110‐55879 Police Federal Grants 1,139         Appropriate LOLE grant funding per 9/12 council action Item #6G Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Appropriate American Rescue Plan Act (ARPA) Sports Marketing Incentive Program funds SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City of Salem was awarded funding of $5,500 through the ARPA Sports Marketing Incentive Program for the CIAA Volleyball Championship that will be held at the Salem Civic Center in November 2022. Salem’s funding will be used to reduce the rental and staffing costs for CIAA. FISCAL IMPACT: Proceeds from the grant will cover the cost of services not included in the FY23 operating budget. STAFF RECOMMENDATION: Appropriate $5,500 in grant revenue to account 15-053-0100-48542 and increase the budget for grant expenditures, 15-053-8170-59603, by $5,500. Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 9/12/2022 15‐053‐0100‐48542 American Rescue Plan Act Funding‐Sports Marketing Incentive Prog 5,500         Appropriate ARPA grant funding per 9/12 council action 9/12/2022 15‐053‐8170‐59603 ARPA Sports Marketing Incentive Program 5,500         Appropriate ARPA grant funding per 9/12 council action Item #6H Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Request to accept and appropriate Virginia Criminal Justice Foundation Grant SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City of Salem Commonwealth Attorney’s office was awarded a grant of $4,000 by the Virginia Criminal Justice Foundation. Funds will be used for training for one or more attorneys. The grant does not require a match. FISCAL IMPACT: The $4,000 grant will allow us to cover training costs that are not included in the operating budget. STAFF RECOMMENDATION: Staff recommends accepting the $4,000 grant from Virginia Criminal Justice Foundation and appropriating $4,000 in grant revenue to account 10-029-0100-47095 and $4,000 to the grant expenditure account, 10-029-2210-55957, for the purpose stated above. Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 9/12/2022 10‐029‐0100‐47095 Grants ‐ Other 4,000         Appropriate VA Criminal Justice Foundation grant per 9/12 action 9/12/2022 10‐029‐2210‐55957 Grants ‐ Other Costs 4,000         Appropriate VA Criminal Justice Foundation grant per 9/12 action Item #6I Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Request to appropriate additional highway maintenance funding from the state for various projects SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City receives highway maintenance funding each year and any unspent funds may be carried forward to the subsequent fiscal year. An appropriation of $1,380,000 from carryover funds is needed to cover certain projects that will be completed in fiscal year 2023. These projects include: • Bridge Report Improvements & Inspections $575,000 • Sight Distance Improvement at Upland & Diamond $175,000 • Traffic Signal at Main & Broad $175,000 • Pavement & Asset Management Software $200,000 • Traffic Signal Pole at Main & Chestnut $80,000 • Storm Drain Improvement at Bainbridge Drive $175,000 FISCAL IMPACT: Highway maintenance funds may only be used for maintenance costs as determined by the State. These projects fall within the guidelines of the highway maintenance program. STAFF RECOMMENDATION: Staff recommends appropriating $1,380,000 of carryover funds to the following accounts: 10-018-4004-53819, Bridge Repairs $575,000 10-018-4010-53811, Resurfacing $175,000 10-054-4007-83736, Signal System $255,000 10-018-4001-58001, Machinery And Equipment $200,000 10-018-4011-53825, Storm Drains - Maintenance $175,000 Budget Entry Date GL Account Account Name  Increase/   (Decrease) Description 9/12/2022 10‐018‐4004‐53819 Bridge Repairs 575,000       Council 9/12 ‐ Appropriate Highway Maintenance Carryover 9/12/2022 10‐018‐4010‐53811 Resurfacing 175,000       Council 9/12 ‐ Appropriate Highway Maintenance Carryover 9/12/2022 10‐054‐4007‐83736 Signal System 255,000       Council 9/12 ‐ Appropriate Highway Maintenance Carryover 9/12/2022 10‐018‐4001‐58001 Machinery And Equipment 200,000       Council 9/12 ‐ Appropriate Highway Maintenance Carryover 9/12/2022 10‐018‐4011‐53825 Storm Drains ‐ Maintenance 175,000       Council 9/12 ‐ Appropriate Highway Maintenance Carryover 9/12/2022 10‐012‐0100‐40200 Designation Of Beginning Fund Balance (1,380,000)   Council 9/12 ‐ Appropriate Highway Maintenance Carryover Item # 6J Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Consider setting bond for erosion and sediment control, landscaping, and physical improvements for Children’s Therapy. SUBMITTED BY: Chuck Van Allman, Director of Community Development SUMMARY OF INFORMATION: The City Engineer’s office has reviewed the estimate for erosion and sediment control and landscaping for Children’s Therapy. STAFF RECOMMENDATION: It is recommended that the project be bonded in the amount of $6,470.00 for a time frame for completion set at twelve (12) months. August 23, 2022 PROPERTY: CHILDREN’S THERAPY 928 S COLLEGE AVE OWNER(S): DENNIS T MALLON & KIM T MALLON Listed below are the physical improvements, erosion and sediment control measures and landscaping to be constructed in conjunction with the property of the referenced contractor, and the recommended security required for each from the contractor. Erosion and Sediment Control $ 1,882.00 358 LF Silt Fence 5,000 SF Temporary Seeding 5,000 SF Permanent Seeding & Mulching Landscaping 4,000.00 1 LS Site Landscaping SUBTOTAL: $ 5,882.00 10 % CONTINGENCY 588.00 TOTAL BOND: $ 6,470.00 Item #6K Date: 9/12/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 12, 2022 AGENDA ITEM: Request to authorize the City Manager to finalize and execute a contract with the Berkley Group to perform a compensation market study for City employee positions; and approve the use of FY23 contingency funds for this project. SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: City staff has completed the procurement process to conduct a compensation market study for City employee positions. The Berkley Group was selected for this project and the attached draft contract has been negotiated. The draft agreement has been reviewed by the City Attorney Time for completion of the study is within 210 days from the notice to proceed. FISCAL IMPACT: The contract is a fixed fee agreement in the amount of $68,544. STAFF RECOMMENDATION: Staff requests Council authorize the City Manager to finalize and execute a contract with the Berkley Group to perform a compensation market study for City employee positions; and approve the use of FY23 contingency funds for this project. Non-Professional Services Agreement 1 AGREEMENT BETWEEN THE BERKLEY GROUP AND CITY OF SALEM, VIRGINIA FOR NON-PROFESSIONAL SERVICES This Agreement entered into on this _____ day of _____________________________, 2022 by and between The Berkley Group, LLC, a limited liability company organized under the laws of the Commonwealth of Virginia, having offices at P.O. Box 181, Bridgewater, Virginia 22812 (Federal EIN # 27-3021021), and hereafter called “The Berkley Group”, and City of Salem, a political subdivision of the Commonwealth of Virginia, having its administrative office at 114 North Broad Street, Salem, VA 24153, and hereafter called “the Client”. WITNESSETH: WHEREAS, the Client desires to retain the services of The Berkley Group to perform non- professional services, and WHEREAS, The Berkley Group desires to provide the Client with such services as authorized by the Client, and represents that it is organized and authorized to conduct business within the Commonwealth of Virginia; NOW, THEREFORE, the parties do mutually agree as follows: SECTION 1. STATEMENT/SCOPE OF WORK. A. The Berkley Group will provide services to Client once issued individual Work Orders for each task assigned constituting the Scope of Services (“Scope of Services”/ “Services”) as set forth in this Agreement. B. The Berkley Group will use both its staff and Subcontractors to provide the Services to Client. C. The Berkley Group and its Subcontractors are and shall remain independent contractors in performing the Services under this Agreement. SECTION 2. COMPENSATION, METHOD OF PAYMENT, TIME OF PERFORMANCE AND TERMINATION. A. Compensation. Client shall compensate The Berkley Group for the Services performed based upon the terms described within the Fee Schedule plus an indirect cost rate for overhead as specified in each task order (“Compensation”). B. Payment to The Berkley Group. Client shall pay The Berkley Group for the Services performed as set forth in the payment schedule for each Work Order. All invoices shall be due within thirty (30) days of the invoice date. Payments later than sixty (60) days shall be subject to a fifteen percent (15%) late charge fee. Non-Professional Services Agreement 2 C. Time of Performance. The Berkley Group shall commence performance of the Services on ______________________________________, 2022 and shall continue such performance through ____________________________, 2023 (“Term”). The Term shall automatically renew each year for up to five (5) years and may thereafter be extended for additional periods by written agreement of the parties pursuant to Section 6 of this Agreement but shall remain subject to termination for non-appropriation of funding. D. Termination for Convenience. Either the Client or The Berkley Group may terminate this Agreement at any time, by giving written notice to the other party of such termination and specifying the effective date thereof, at least 30 days before such effective date. (1) In the event of termination, all finished and unfinished documents and other materials produced by The Berkley Group specifically for the Client shall become the property of the Client. (2) In the event of termination, The Berkley Group shall be paid for the Services performed prior to the effective date of termination. For any incomplete services, Client will provide The Berkley Group with compensation equivalent to 80% of the total executed Work Order value for the assigned task. Upon request, The Berkley Group will provide the Client with documentation of the Services performed prior to the effective date of termination. (3) Termination for non-appropriation by the Client shall be made pursuant to this section. E. Termination for Default [Breach or Cause]. The Client or The Berkley Group may terminate this Agreement for default for failure to comply with the terms of this Agreement by giving a written notice to the other party of such termination specifying the effective date thereof, at least 15 days before such effective date. The notice shall set forth the nature of the default of the Agreement. (1) In the event of termination by the Client, The Berkley Group shall be paid for Services performed up to the effective date of termination in accordance with the manner of performance set forth in the Agreement. If it is later determined that The Berkley Group had an excusable reason for not performing such as natural disasters or other events which are beyond the control of The Berkley Group, the Parties may agree for The Berkley Group to continue to provide the Services. (2) After receipt of written notice from the Client setting forth the nature of said breach or default, The Berkley Group may request, and the Client may agree, to provide The Berkley Group time to remedy any breach or default to the satisfaction of Client. If the Client does not agree to allow The Berkley Group to Non-Professional Services Agreement 3 remedy the default, The Berkley Group shall immediately cease providing Services. SECTION 3. RESPONSIBILITIES OF THE BERKLEY GROUP. A. The Berkley Group agrees to use the records and information gathered or otherwise used pursuant to this Agreement for the advancement of the interests of Client, and as further provided in Section 5.D. of this Agreement. B. The Berkley Group will not substitute staff or Subcontractors assigned to this Agreement without the prior written consent of Client. C. The Berkley Group will provide all services under this Agreement in a manner consistent with applicable laws, professional standards and its best efforts. D. The Berkley Group, its staff and Subcontractors shall comply with Client’s standards for acceptable workplace conduct and safety, and shall all times conduct themselves in a professional manner. E. The Berkley Group and its Subcontractors shall maintain commercial general liability insurance to cover their actions or omissions. Upon request, shall provide the Client with evidence of such insurance. F. The Berkley Group shall perform in accordance with, and shall not violate, applicable laws, rules or regulations, and standards prevailing in the industry and The Berkley Group shall obtain all permits or permissions required to comply with such laws, rules or regulations. SECTION 4. RESPONSIBILITIES OF THE CLIENT. A. Without charge to The Berkley Group, Client agrees to provide all policies, information, communications, records, data, information and forms which are available to the Client and needed by The Berkley Group in order to perform the Services, and not to include any confidential files or documents subject to confidentiality laws. B. The Client shall communicate any concerns about The Berkley Group staff or Subcontractor performance to The Berkley Group representative set forth in Section 5, unless otherwise specifically set forth within the Scope of Services. SECTION 5. ADMINISTRATION OF THE AGREEMENT. A. All notices and communications with respect to the terms of this Agreement and the performance of the Services shall be through the Party Representatives. The Party Representatives are: Client’s representative shall be: Non-Professional Services Agreement 4 _ ______________________________________________ Name ________________________________________________ Title ___________________ _____________________________ Phone Number _________________________________________________ email The Berkley Group’s representative shall be: Andrew D. Williams_________________________ Chief Executive Officer______________________ Title 540-560-2202______________________________ Phone Number drew@bgllc.net ___________________________ email B. Incorporated Provisions. This Agreement shall be performed in accordance with the applicable, required contractual provisions set forth in the Client’s purchasing or procurement regulations, and the Virginia Public Procurement Act, §§ 2.2-4300, et seq., VA Code Ann., in effect at the time of this Agreement, pertaining to non- discrimination § 2.2-4310 and - 4311, compliance with immigration laws § 2.2- 4311.1, drug-free workplace § 2.2-4312, which provisions are incorporated herein by reference. C. Contractual. Disputes with respect to this Agreement shall be governed by § 2.2- 4363 VA Code Ann. or similar provision in Client’s purchasing or procurement regulations. D. Ownership and Status of Documents. (1) All documents prepared by The Berkley Group specifically for the Client shall become the property of the Client upon completion of Services, or the earlier termination of this Agreement. The Berkley Group shall have the right to retain appropriate copies of all such documents for its records upon client’ approval, and to reuse any template documents which it prepared for the Client. All materials, including without limitation, documents, drawings, drafts, notes, designs, computer media, electronic files and lists, including all additions to, deletions from, alterations of, and revisions in the foregoing (together the “Materials”), which are furnished to The Berkley Group by Client or which are Non-Professional Services Agreement 5 developed in the process of performing the Services, or embody or relate to the Services, the Client Information or the Innovations (as defined below), are the property of Client, and shall be returned by The Berkley Group to Client promptly at Client’s request together with any copies thereof, and in any event promptly upon expiration or termination of this Agreement for any reason. (2) Records prepared by The Berkley Group specifically for the Client shall be kept confidential by The Berkley Group until released or approved for release by the Client. The Berkley Group will cooperate with the Client in complying with the requirements of § 2.2-4342 VA Code Ann. and any requirements of the Virginia Freedom of Information Act applicable to such records. (3) The Berkley Group shall maintain financial records, supporting documents, statistical records, and other records pertinent to this Agreement for three (3) years from the date of final payment, and make those records available to the Client upon written request. SECTION 6. CHANGES TO AGREEMENT. A. Any modification or change to this Agreement must be set forth in a written Addendum to this Agreement and signed by authorized representatives of both parties. B. The parties hereto may, from time to time, propose changes in the attached Scope of services or in The Berkley Group’s performance requirements. Such changes must be mutually agreed upon by the parties in writing, signed by the authorized representatives of both parties. SECTION 7. MISCELLANEOUS PROVISIONS. A. Protection of Confidential Information. The Berkley Group agrees that at all times during or subsequent to the performance of the Services, The Berkley Group will keep confidential and not divulge, communicate, or use Client’s Information, except for The Berkley Group’s own use during the Term of this Agreement to the extent necessary to perform the Services. The Berkley Group further agrees not to cause the transmission, removal or transport of tangible embodiments of, or electronic files containing, Client’s Information from Client’s principal place of business, without prior written approval of Client. B. Liability. The Client shall not be liable for injury or death occurring to The Berkley Group or any of its employees or other assistants in the course of performing this Agreement unless the harm or death is caused by the Client’s gross negligence. C. Hold Harmless. The Berkley Group hereby indemnifies and holds harmless the Non-Professional Services Agreement 6 Client, its subsidiaries, and affiliates, and their officers and employees, from any damages, claims, liabilities, and costs, including reasonable attorney's fees, or losses of any kind or nature whatsoever ("Loss") which may in any way arise from the Services performed by The Berkley Group hereunder, the work of employees of The Berkley Group while performing the Services of The Berkley Group hereunder, or any breach or alleged breach by The Berkley Group of this Agreement, including the warranties set forth herein. The Client shall retain control over the defense of, and any resolution or settlement relating to, such Loss. The Berkley Group will cooperate with the Client and provide reasonable assistance in defending any such claim. D. Taxes. The Client shall not be liable for taxes, Worker's Compensation, unemployment insurance, employers' liability, employer's FICA, social security, withholding tax, or other taxes or withholding for or on behalf of The Berkley Group or any other person consulted or employed by The Berkley Group in performing Services under this Agreement. All such costs shall be The Berkley Group’s responsibility. E. Escalation Clause. For Auxiliary Town Hall assignments, there will be a three (3) per cent escalation assessed on an annual basis to coincide with the fiscal year. Non-Professional Services Agreement 7 SECTION 8. JURISDICTION AND VENUE. A. This Agreement has been and shall be construed as having been made and delivered in the Commonwealth of Virginia and shall be governed by laws of the Commonwealth of Virginia, both as to interpretation and performance. B. Any action of law, suit of equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted and maintained only in a court of competent jurisdiction in Salem, Virginia. SECTION 9. SEVERABILITY. If, for any reason, any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, void or unenforceable, the remaining parts, terms, and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be illegal, invalid, void, or unenforceable. {{ SIGNATURE PAGES FOLLOW }} Non-Professional Services Agreement 8 The Berkley Group and Client hereby agree to the terms of this Agreement by signing below. FOR THE CITY OF SALEM ATTEST: _______________________________ ________________________________________________ Date: ____________________________ Non-Professional Services Agreement 9 FOR THE BERKLEY GROUP ATTEST: __________________________________ _________________________________________ Darren K. Coffey, Principal Andrew D. Williams, CEO Date: ___________________________________ August 30, 2022 City of Salem Mr. Jay Taliaferro, City Manager 114 North Broad St Salem, VA 24153 RE: Work Order 1: Market Study Dear Mr. Taliaferro: We are pleased to present the associated scope and fee to conduct a market study for the City of Salem. If you have any questions related to the scope and associated fee, please feel free to contact me at any time. Thank you for the opportunity to work with you and your staff. Sincerely, Andrew D. Williams, AICP Chief Executive Officer I have reviewed the scope and fee for the associated work order and I hereby give the consultant notice to proceed for the work described herein. ________________________________________________________________ ______________________________________ Mr. Jay Taliaferro, City Manager Date 2 SCOPE OF WORK The scope of work for the City of Salem's Market Study may include the following: Task 1: Project Management/Meetings with Staff The Berkley Group shall manage the project and consult with City staff as needed to collect input and information related to the project. Task 2: Kick-Off Meeting The Berkley Group will facilitate a kick-off meeting with City leadership including the HR Director and City Manager. The kick-off meeting will finalize the goals, components, market comparators, and timeline of the study. The Berkley Group team will work with City HR staff as needed to collect materials, input and information related to the project. We understand that most meetings and discussion will take place virtually. The Berkley Group is available to introduce the team and provide a project overview to City Council when on-site to perform staff engagement activities. Task 3: Review of Existing Documents The Berkley Group will review and understand the job descriptions for approximately 200 City positions, including the FLSA status. We will review and familiarize ourselves with the current pay plan and classification structure as it applies to approximately 470 employees. We will work with City staff to understand unique challenges facing the City such as public safety market pressures, compression issues and mandatory compensation levels. Task 4: Staff Engagement The Berkley Group will facilitate two general meetings at the beginning of the process: one open to all general employees and include up to 15 hours of one-on-one meetings with department directors and senior staff to explain the process and answer any questions staff have. Should the City desire additional meeting support with department directors, that will be invoiced on a time and materials basis at $150 per hour for each Berkley Group employee engaged with the meetings. It is anticipated that meetings will be attended by two (2) Berkley Group employees. Task 5: Gather Market Data The Berkley Group will identify benchmark positions to include in survey, outreach and research efforts to gather market data. We will use FOIA requests, as needed and approved by City staff, and agree to reach out at least three times to market comparison organizations. It is anticipated that comparison organizations will be identified during the Kickoff Meeting. We will gather comparison organizations' demographics and basic pay plan features such as type of pay structure, recent increases, and number of employees We will gather pay range minimums, maximums and average actual pay for each benchmark. We may tailor surveys for specific operational areas such as public safety, water, sewer and electric utilities. 3 Task 6: Analysis The Berkley Group will compile and analyze the data and compare the results to the current Salem compensation structure, classifications and actual employee pay, considering the City’s goals and resource availability. Task 7: Preliminary Results Meetings The Berkley Group will present initial salary analysis and preliminary results to the City Manager and Human Resources Director. Additionally, we will share preliminary results in up to four meetings with Department Directors, as identified by the City. Task 8: Recommendations The Berkley Group will recommend adjustments as needed to align with the City compensation philosophy, new minimum wage requirements, preferred market position, and pay practices. Recommendations may include adjustments to the pay structure, job classification and actual employee pay based on gathered market data, internal equity and City policies, practices, and principles. Task 9: Written Report and/or Presentation The Berkley Group will prepare a written report for the City. The Berkley Group will provide one presentation of the final report; additional presentations will be charged at $1,500 per meeting. The report or presentation will include an overview of goals, methods, and data that informed the analysis and recommendations. ASSUMPTIONS 1. Initiation: The City will provide up-to-date copies of job descriptions, relevant pay and classification information within one week of a signed notice to proceed. 2. Comparison Organizations: once comparison organizations are identified and approved through the kickoff meeting, there will be an additional fee to add additional organizations afterward. Deleting comparison organizations after preliminary results are calculated will incur an additional fee. 3. Staff Engagement: it will be the City’s responsibility to arrange for meeting space and coordinate staff availability for in-person meetings. 4. Milestones and check-ins: the Berkley Group will provide periodic updates to the city’s project manager. 5. Contact Person: The City will provide a single staff person that will be responsible for collecting and transmitting data, resources, and other related information to the Berkley Group. 6. Deliverables: Deliverables will be provided in digital format to the City. SCHEDULE The Berkley Group anticipates this project will be completed within 210 days of a signed notice to proceed. 4 FEE Work Order 1 - Market Study City of Salem, Virginia 30-Aug-22 Task Task Description Fee Task 1 Project Meetings $ 8,580 Task 2 Kickoff Meeting $ 1,140 Task 3 Review Existing Documents $ 6,360 Task 4 Staff Engagement $ 6,480 Task 5 Gather Market Data $ 3,000 Task 6 Analysis $ 15,000 Task 7 Preliminary Results Meeting $ 8,640 Task 8 Recommendations $ 11,520 Task 9 Final Report/Presentation $ 4,560 Subtotal $ 65,280 Indirect Expenses $ 3,264 TOTAL $ 68,544