City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, November 14, 2023 1. Call to Order The Regular Meeting of City Council was called to order by Mayor Kochuba at 7:00 P.M. 2. Roll Call The following members of Council and Council’s staff were present for roll call by the Clerk: Present: Councilman Kenneth B. Frenier Councilwoman Elizabeth G. Luck Councilwoman Dr. Laura F. Poe Councilman John T. Wood Vice-Mayor Robert W. Wade Mayor T. Gregory Kochuba Absent: Councilman John E. Piotrowski Also Present: Mr. Douglas E. Smith, City Manager Mr. Hugh P. Fisher, III, City Attorney Mrs. Pamela B. Wallace, Clerk 3. Devotion A devotional prayer was led by the Honorable Kenneth B. Frenier. 4. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Kochuba. 5. Adoption of Agenda A motion was made by Mr. Frenier, seconded by Dr. Poe, to approve the agenda as presented. Vote: 6-0 Yes: Frenier Luck Poe Wood Wade Regular Meeting Minutes November 14, 2023 Page 2 Kochuba No: None Absent: Piotrowski Abstained: None Motion: UNANIMOUS PASS 6. Declarations of Personal Interest A declaration was read by Dr. Poe and filed with the Clerk. 7. Commendations and Presentations A. Presentation of the City’s 2023 annual donation to the Chesterfield/Colonial Heights Christmas Mother, Kathy Fox. B. Recognition of Sergeant Christopher Wulff and K-9 Lieutenant Rose of the Colonial Heights Police Department. C. A PROCLAMATION Recognizing Carson Dean Armstrong upon his attaining the rank of Eagle Scout. D. Recognizing Finance Department staff and Commissioner of Revenue staff for their dedicated service. 8. Reading of Manner of Addressing Council. Mr. Fisher read the Manner of Addressing Council. 9. Written Petitions and Communications There were none. 10. Advertised Public Hearing There were none. 11. Hearing of Citizens Generally on Non-Agenda Items Gray Collins, 206 Waterfront Drive – Mr. Collins advised Council of the election results and the election of Assistant Commonwealth Attorney Erin Barr being elected as Commonwealth Attorney for Chesterfield County. Mr. Regular Meeting Minutes November 14, 2023 Page 3 Collins noted that this would result in the loss of some of his staff due to her upcoming departure. Patricia Edwards, 414 Whippoorwill Court – Spoke to the City’s purchase of 220 Highland Avenue requesting that the City be mindful, upon demolition of the property, of the rodents and vermin living in the residence. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda A. AN ORDINANCE NO 23-20 (Second Reading) Amending §§ 286-320.08, 286-320.10, 286- 320.14, and 286-320.16 of Chapter 286, Zoning, of the Colonial Heights City Code, to comply with regulations issued by the Federal Emergency Management Agency’s National Flood Insurance Program. B. AN ORDINANCE NO 23-FIN-15 (Second Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2023, and ending June 30, 2024, by appropriating a total of $289,188, consisting of: 1) $47,5000 in grant funds to Communications for an emergency communications staffing recognition grant program from the state; 2) $1,688 to the Police Department in State asset Forfeiture funds; and 3) $240,000 in unassigned fund balance for economic development grant payments. To amend the Economic Development Authority Budget by appropriating $240,000 in transfer from the General Fund for economic development grant payments. C. April 11, 2023 Regular Meeting Minutes D. May 9, 2023 Regular Meeting Minutes E. May 23, 2023 Special Meeting Minutes F. June 13, 2023 Regular Meeting Minutes G. July 11, 2023 Regular Meeting Minutes H. September 12, 2023 Special Meeting Minutes I. September 12, 2023 Regular Meeting Minutes Regular Meeting Minutes November 14, 2023 Page 4 J. September 19, 2023 Special Meeting Minutes K. October 10, 2023 Regular Meting Minutes L. October 17, 2023 Special Meeting Minutes A motion was made by Dr. Poe, seconded by Mrs. Luck, to approve the Consent Agenda as presented. Vote: 6-0 Yes: Frenier Luck Poe Wood Wade Kochuba No: None Absent: Piotrowski Abstained: None Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions A. AN ORDINANCE NO 23-21 (First Reading) Amending the Colonial Heights City Code in the following ways: 1) amending 258-52 of Chapter 258, Taxation, by including a short-term rental dwelling as a hotel for purposes of a transient lodging tax and defining a “Transient” as a person who obtains lodging at a hotel for fewer than 30 consecutive days; 2) adding to § 286-202.10 of Chapter 286, zoning, definitions for “Operator”, Short-Term Rental, and “Short-Term Rental Dwelling”; 3) adding “short- term rentals, hosted and non-hosted” to § 286-300.04 of Chapter 286 as a permitted commercial use type in the RL Low-Density Residential District; 4) adding to Chapter 286 a new § 286-410.70, regulating short-term rentals; and 5) adding to § 286.518 of Chapter 285 and off-street parking requirement for short-term rental dwellings. A motion was made by Dr. Poe, seconded by Vice-Mayor Wade, to approve Ordinance No. 23-21. Regular Meeting Minutes November 14, 2023 Page 5 Mayor Kochuba recalled prior discussion and consideration by Council relative to the amendments to proposed Ordinance No 23-21. At the request of Mr. Smith, Mr. Carter provided the process by which the ordinance was created and conveyed the overall support by the Planning Commission and the public during the public hearing process. Council members thanked Mr. Carter and his staff for their efforts with Vice- Mayor Wade, Council representative on the Planning Commission, offering additional comments thanking Mr. Carter. Addressing Dr. Poe’s question, Mr. Carter advised his staff would notify short-term rental owners of the proposed changes as defined in Ordinance No. 23-21. Vote: 6-0 Yes: Frenier Luck Poe Wood Wade Kochuba No: None Absent: Piotrowski Abstained: None Motion: UNANIMOUS PASS B. A N ORDINANCE NO 23-22 (First Reading) Awarding a $2,500 bonus to full-time 911 dispatcher/telecommunicator positions, PSAP managers, supervisors, and administrative employees who are certified and actively work on the 911 operations floor; and a $1,250 bonus to part-time 911 dispatcher/telecommunicator positions. A motion was made by Mr. Frenier, seconded by Vice-Mayor Wade, to adopt Ordinance No. 23-22. Mayor Kochuba advised that the Fire & EMS Department had awarded a reimbursable grant of $47,500 from the Virginia Department of Emergency Management for Emergency Communication staff recognition. Mr. Smith added that appropriation of funding for the grant had been approved by Ordinance No. 23-FIN-15. Mr. Smith further advised that the proposed ordinance provides for the awarding of payments to staff members through the grant program. Regular Meeting Minutes November 14, 2023 Page 6 Vote: 6-0 Yes: Frenier Luck Poe Wood Wade Kochuba No: None Absent: Piotrowski Abstained: None Motion: UNANIMOUS PASS C. AN ORDINANCE NO 23-FIN-16 (First Reading) Amending the General Fund Budget for the fiscal year beginning July 1, 2023, and ending June 30, 2024, by appropriating a total of $31,669 consisting of: 1) $1,400 in grant funds from the Virginia Department of Emergency Management for an upgrade to the City’s emergency Operations Center; 2) $1,225 from the Asset Forfeiture Reserve Account for law enforcement investigation technology; 3) $7,854 from the E-Citation Reserve Account for Police Mobile Data Computers and associated equipment; 4) $600 donation from Kiwanis and $200 donation from Optimist Club for Office on Youth shoe vouchers; 5) $4,240 from K9 Donations Reserve Account for Police Vehicle K9 transport system; 6) $12,000 donation from the Fort Clifton Arts and Crafts Festival Committee to Cultural and Recreation for roof and exterior repairs and improvements to the Fort Clifton Park restrooms; and 7) $4,150 from Virginia Risk Sharing Association for Police Department electronic Hearing protection for training. To amend the Capital Improvements Project Fund Budget by Appropriating $375,000 from unallocated bond funds to the City Facilities Security Upgrades Project. A motion was made by Dr. Poe, seconded by Mr. Frenier, to approve Ordinance No. 23-FIN-16. At the request of Mr. Smith, Ms. Burrell, Interim Finance Director, provided information relative to each appropriation listed in the ordinance. At the end of her comments, Mr. Smith advised that the requested appropriation of $375,000 from unallocated bond funds to the City Facilities Security Upgrade Regular Meeting Minutes November 14, 2023 Page 7 Project was additional funding for the Phase I security project for various City facilities. Vote: 6-0 Yes: Frenier Luck Poe Wood Wade Kochuba No: None Absent: Piotrowski Abstained: None Motion: UNANIMOUS PASS 14. Unfinished Business, Contested Ordinances and Resolutions, And Items Removed from the Consent Agenda. There was none. 15. Reports of Officers and Documents Related Thereto. A. City Manager 1. Police Department Grant Update Chief Anspach provided information on the “Bold Bue Initiative” allowing agencies to bring on additional staff to oversee the purchase of new equipment, particularly firearms. Chief Anspach advised the Department has been awarded a grant in the amount of $418,000 for such purchases and provided information relative to his proposed request for the creation of a Crime Analyst position to be funded through the Bold Blue Initiative opportunity and oversee the program. Chief Anspach advised the grant was for a two-year period and was not renewable. Addressing Vice-Mayor Wade’s question, Chief Anspach advised there was only a need for one analyst at the present time. Additional comments were provided by Mr. Wood, at which time he requested that an evaluation of the Crime Analyst be performed at the end of the two-year grant. Mr. Wood also commended Chief Anspach and his department staff for their efforts to pursue such grants. 2. Temple and Boulevard Intersection Improvements Funding Update Regular Meeting Minutes November 14, 2023 Page 8 At the request of Mr. Smith, Mr. Flippen provided updates relative to a proposed Regional Transportation Funding application to fully fund the Temple Boulevard Improvement Project. Mr. Flippen advised his staff plans to submit the funding application to the Tri-Cities MPO by December 1st. If awarded, the funding would cover project shortfalls due to the increased cost of right-of-way acquisition and inflated costs for construction. Dr. Poe provided comments expressing her desire to see staff focus efforts more on City-allocated funding for roads in the southern end of the City. Addressing Dr. Poe’s comments, Mr. Smith requested that Dr. Poe allow staff to identify areas of concern and report their findings for discussion at the upcoming Council Retreat. Mr. Wood, as Council’s representative on the MPO, provided comments relative to the process and motivation behind the awarding of funds by the MPO. Mr. Flippen addressed additional questions from Council advising that should the City not receive funding, there would be additional time for staff to pursue other funding opportunities to fully fund the project. Additionally, Mr. Flippen advised that the City’s Pavement Preservation Program identifies roads in the City and the preservation expenses associated with paving. As a follow-up to Dr. Poe’s comments, Mayor Kochuba requested an analysis to address specific streets; specifically noting Hamilton and Westover Avenues. 3. Civic Field Scoreboard Project Mr. Smith advised that Colonial Heights Public Schools is interested in partnering with the City to replace the baseball/softball scoreboard at the Civic Field behind Shepherd Stadium. Mr. Skalak provided additional information stating the estimated replacement cost is approximately $20,000 - $24,000 and would be a 50/50 cost share between the City and the Schools. After brief discussion, Mayor Kochuba polled Council members with the consensus being for staff to move forward with the project. 4. Request for Support from Richard Bland College Mr. Smith recalled Council’s action at the December 12, 2022, Council meeting, approving Resolution No. 22-51 that provided support for Richard Regular Meeting Minutes November 14, 2023 Page 9 Bland College’s (RBC) proposed transition to a dedicated, independent governance structure. Mr. Smith advised an RBC representative has requested additional correspondence from the City supporting the proposed governing structure change. 5. General Activity Report Mr. Smith provided a list of upcoming events and meeting dates; specifically requesting Council’s recommendation relative to the December work session. It was the consensus of Council to address any items at the December regular meeting to avoid a December work session. Vice-Mayor Wade updated Council as to his attendance at the Cameron Foundation Annual meeting further advising that the City was not awarded a grant from the foundation for Violet Bank. Vice-Mayor Wade stated he spoke with the president of the Foundation, and he was willing to meeting with Council to further discuss the needs of Violet Bank and future assistance from the Foundation. Continuing, Vice-Mayor Wade provided comments relative to updates received relative to the roundabout and area round the pond. Vice-Mayor Wade advised it had been very difficult dealing with VDOT regarding the pond area and advised of a proposed permit request for submission of the Cities desire relative to the areas including the splitter-island, pond, and hillside for locating a proposed Colonial Heights sign. Vice-Mayor Wade also requested “no-littering” signs be erected in this area to address the increased litter around the roundabout. Addressing Vice-Mayor Wade’s comments, Mr. Smith stated there were already proposed City-funded improvements to the roundabout and splitter- islands along Temple Avenue. B. City Attorney Mr. Fisher advised of a ruling by the Virginia Supreme Court dissolving an injunction against enforcement of a ban on “skill games” and stating it was inclined to rule on the side of the state to ban skill games. Mr. Fisher stated that due to this ruling, and a subsequent Circuit Court ruling, the City would need to determine how to enforce the ban and also advised that he, Chief Anspach, Mr. Smith, and Mr. Carter would be meeting to determine enforcement. C. Director of Planning and Community Development Regular Meeting Minutes November 14, 2023 Page 10 Mr. Carter advised that the Planning Commission did not meet in November; however, would meet in December. Addressing Mayor Kochuba’s question relative to the EXXON property rezoning on the Boulevard, Mr. Carter advised the client requested to defer action until January; however, may not pursue action at all. Mr. Fisher requested that Mr. Carter obtain written consent from the client to defer and Mr. Carter replied that he had obtained such consent. 16. Adjournment There being no further business, a motion was made by Mr. Frenier, seconded by Dr. Poe, and carried unanimously on voice vote to adjourn the meeting. The meeting was adjourned at 9:15 P.M. APPROVED: ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk