City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, December 12, 2023 1. Call to Order The Regular Meeting of City Council was called to order by Mayor Kochuba at 7:00 P.M. Before the roll call, Mayor Kochuba asked Mr. Frenier to advise why he was participating remotely. Mr. Frenier stated he was unable to attend the December 12, 2023 Regular Meeting due to a medical condition. Mr. Frenier stated the location of his remote participation was from his home, 212 Spring Drive. A motion was made by Vice Mayor Wade, seconded by Dr. Poe, allowing Mr. Frenier to participate remotely. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion UNANIMOUS PASS 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 Councilman John E. Piotrowski Councilwoman Dr. Laura F. Poe Councilman John T. Wood Vice-Mayor Robert W. Wade Mayor T. Gregory Kochuba Absent: None Regular Meeting Minutes December 12, 2023 Page 2 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 Elizabeth G. Luck. 4. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Kochuba. 5. Adoption of Agenda A motion was made by Vice Mayor Wade, seconded by Dr. Poe, to approve the agenda as presented. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 6. Declarations of Personal Interest A declaration was read by Dr. Poe and filed with the Clerk. Before continuing, Mayor Kochuba recognized School Board Chair Steven Neece who was in attendance. 7. Commendations and Presentations There were none. 8. Reading of Manner of Addressing Council. Regular Meeting Minutes December 12, 2023 Page 3 Mr. Fisher read the Manner of Addressing Council. 9. Written Petitions and Communications There were none. 10. Advertised Public Hearing A. AN ORDINANCE NO 23-21 (Second 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 Mrs. Luck, to adopt Ordinance No. 23-21. At the request of Mr. Smith, Mr. Carter provided brief background information previously presented to Council explaining the Short-Term Rental program from conception to the present. At the conclusion of his comments, Mr. Carter clarified several questions from Council members. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Regular Meeting Minutes December 12, 2023 Page 4 Motion: UNANIMOUS PASS 11. Hearing of Citizens Generally on Non-Agenda Items There were none. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda A. 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. B. 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. C. November 14, 2023 Special Meeting Minutes. D. November 14, 2023 Regular Meeting Minutes. Regular Meeting Minutes December 12, 2023 Page 5 A motion was made by Dr. Poe, seconded by Mr. Frenier, to approve the Consent Agenda as presented. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions A. AN ORDINANCE NO 23-FIN-17 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2023, and ending June 30, 2024, by appropriating $2,165 from the Virginia Department of Environmental Quality to Public Works for litter abatement. To amend the Capital Projects Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating $300,106 from the Virginia Department of Transportation for the North Elementary School project. A motion was made by Mrs. Luck, seconded by Dr. Poe, to approve Ordinance No. 23-FIN-17. Mr. Smith provided a brief overview of the ordinance; however, there were no additional comments or discussion by Council. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba Regular Meeting Minutes December 12, 2023 Page 6 No: None Absent: None Abstained: None Motion: UNANIMOUS PASS B. AN ORDINANCE NO 23-FIN-18 (First 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 $1,107,213 in prior year encumbrances. To amend the Recreation Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating a total of $6,529 in prior year encumbrances. To amend the Water and Sewer Fund by $74,602 for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating a total of $74,602 in prior year encumbrances. A motion was made by Dr. Poe, seconded by Vice-Mayor Wade, to adopt Ordinance No. 23-FIN-18. At the request of Mr. Smith, Interim Finance Director Betty Burrell provided brief comments; specifically noting the action of the ordinance was a customary procedure. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS Mr. Fisher added there would be a public hearing on Ordinance No. 23-FIN- 18 at the January regular meeting. C. AN ORDINANCE NO 23-FIN-19 Regular Meeting Minutes December 12, 2023 Page 7 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023 by appropriating a total amount of $793,253 to Public Safety for personnel expenses as follows: 1) $312,000 from assigned fund balance for one-time bonuses; 2) $217,000 from assigned fund balance for vacation payouts; and 3) $264,253 from unassigned fund balance for personnel expenses. To amend the General Fund Budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, by transferring a total amount of $133,290 to Public Safety for personnel expenses as follows: 1) $47,717 from General and Financial Administration; 2) $62,530 from Public Works; and 3) $23,043 from Human Services. To amend the General Fund Budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, by transferring $808,429 from Council Contingency to the following Departments for personnel expenses: 1) $9,995 to Legislative; 2) $248,382 to Judicial Administration; 3) $428,463 to Public Safety; 4) $90,539 to Culture & Recreation; and 5) $31,050 to Community Development. To amend the General Fund Budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, by transferring $5,361,945 in General Fund expenditure savings to the Capital Projects Fund due to public safety personnel expenses being charged to the Emergency Response Fund. To amend the Emergency Response Fund Intergovernmental Revenue for fiscal year beginning July 1, 2022 and ending June 30, 2023, by appropriating $5,361,945 of deferred ARPA revenue for public safety personnel expenses. To amend the Capital Projects Fund Budget for fiscal year beginning July 1, 2022 and ending June 30, 2023, by appropriating $5,361,945, consisting of 1) $4,500,000 in transfer of General Fund expenditure savings to change the funding source for the City-wide Infrastructure Project from ARPA funds to General Fund expenditure savings; and 2) by appropriating $861,945 in transfer from General Fund expenditure savings for the Lakeview Dam project. Regular Meeting Minutes December 12, 2023 Page 8 A motion was made by Dr. Poe, seconded by Vice-Mayor Wade, to approve Ordinance No. 23-FIN-19. Mr. Smith advised that all figures noted in the ordinance were from the prior year; further noting that all funds were previously approved by Council. Mr. Smith stated that the ordinance provided for multiple year-end revisions to the FY23 budget appropriations and provided an overview of each section of the ordinance; specifically noting there was a $2M surplus in the City’s budget. Mr. Smith advised that staff was requesting Council’s approval to process the information presented and that a public hearing would be held at the January 9, 2024 regular meeting. Mayor Kochuba noted that a portion of the ARPA funds, as noted in Section 6, were designated to pay public safety salaries. Addressing Vice-Mayor Wade’s question asking if the allocation for the Lakeview Dam project would finalize repairs for the dam, Mr. Flippen advised he could not give a definitive answer; however, reported that at the present time, all issues with the dam had been addressed. Concluding, Mr. Smith clarified that action on Ordinance 23-FIN-19, was to close out the prior fiscal year. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS D. A RESOLUTION NO 23-49 Adjusting the salaries of Constitutional Officers and their employees effective December 1, 2023, pursuant to additional funding from the State Compensation Board. Regular Meeting Minutes December 12, 2023 Page 9 A motion was made by Dr. Poe, seconded by Vice-Mayor Wade, to adopt Resolution No. 23-49. Mr. Smith advised of the Virginia General Assembly budget amendments from the 2023 Special Session I included additional funding for positions funded by the State Compensation Board, effective December 1, 2023. Resolution No. 23-49 provides for state-required salary adjustments and other salary adjustments for Constitutional Officers and their employees effective December 1, 2023. Mr. Smith explained that the State Compensation Board was how the City received funding for various state-funded positions in the Constitutional Offices. Mr. Smith advised that in some cases, positions were 100% funded; however, in some cases, position funding is supplemented by the City. Continuing, Mr. Smith advised that during the state budget amendment process, additional funding was provided for Constitutional offices; specifically noting that in some case, there were targeted adjustments for specific positions and in some cases, there is an additional 2% increase. Mr. Smith explained that the 2% from the state was based upon their level of funding for which additional detail was provided by the Compensation Board. From this information, Mr. Smith provided the following recommendations: 1. Provide targeted salary adjustments as required by the State to the extent that the City is not already providing a higher salary than the new required salary through City-funded supplemental pay. 2. Provide Constitutional Officers and their full-time employees, who are employed as of December 2023, a 2% salary increase above the employee’s annual salary following the adjustments in as noted in No. 1. The 2% salary increase would be provided based upon the employee’s full salary including City supplement pay, if applicable. 3. Instead of the adjustments noted in No. 2, increase pay as of December 1, 2023 to the new state minimum for similar state- funded positions for one fully City-funded Assistant Commonwealth’s Attorney. 4. Provide compression pay increases to three supervisor positions under the Sheriff. In addition to increasing the Sheriff to the new required salary (from item No. 1) and adding the 2% increase (from item No. 2), Mr. Smith recommended authorization for the Sheriff to continue to receive 50% of the previous City provided supplement pay for the Sheriff’s position. Regular Meeting Minutes December 12, 2023 Page 10 At the time of Mr. Smith’s recommendation for the Commonwealth’s Attorney’s Office, Mr. Collins provided comments relative to the current vacancies in his office and the determination of the Compensation Board that salaries in his office were not competitive. Mr. Collins provided additional comments explaining how his staff was dually funded by the City and Compensation Board and requested additional funding in the amount of $5,000 to support three clerical positions in his office. Mayor Kochuba questioned the timing of Mr. Collins’ request and should it not have been presented to Council during the previous budget discussions; however, Mr. Wood provided additional comment supporting Mr. Collins’ request. Mr. Fisher stated that the process of the Compensation Board was confusing. He further stated that public notice should be given before Council considers additional employee compensation at a meeting. Discussion ensued by Council members relative to supporting Mr. Collins’ request for additional staff compensation; however, they did not feel it was appropriate to amend the proposed ordinance for such an addition. A motion was made by Mr. Wood, seconded by Dr. Poe, to revisit the request for compensation for three clerical positions in the Commonwealth’s Attorney’s Office, to provide full disclosure, as previously stated by the City Attorney. After additional lengthy discussion relating to the timing of the request by Mr. Collins and the strong desire by Mayor Kochuba for this type of discussion to be made during a budget discussion period and his further request to further discuss this request at the upcoming Council Retreat in March; Mr. Wood withdrew his motion. There being no additional discussion relative to the proposed Resolution No. 23-49, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Regular Meeting Minutes December 12, 2023 Page 11 Absent: None 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. AN EMERGENCY ORDINANCE NO. 23-1 An ordinance providing for the temporary cessation of late charges, penalties, and termination of service relating to utility bills due for payment on December 27, 2023. Mr. Smith advised Council of the recent issues associated with the delay in delivery of the utility bills, resulting in the creation of Emergency Ordinance No. 23-1 for Council consideration and review. Mr. Smith stated that the requested action was the extension of the provisions on late charges, penalties, and the disconnection of services to January 26, 2024. Mr. Fisher asked that Council recall its approval of a resolution to extend the payment period for personal property and real estate tax payment in the past; however, the State Code does not allow for the extension of utility bill payments by resolution. A motion was made by Mrs. Luck, seconded by Vice-Mayor Wade, to adopt Emergency Ordinance No. 23-1. There was no discussion. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Regular Meeting Minutes December 12, 2023 Page 12 Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 2. General Activity Report Mr. Smith provided the following Comments:  Thanked staff for their efforts on the City-sponsored Christmas events including the Annual Tree Lighting and Christmas Parade.  The closing for the house on James Avenue was complete; however, the Highland property was progressing.  The Fire Arms and Prevention Grant was fully awarded with no City match.  Upcoming Dates of Interest 3. City of Colonial Heights Audit Statement Mr. Smith provided a brief explanation of the below audit statement in addition to thanking Ms. Betty Burrell for her efforts during her time as Interim Finance Director. In accordance with requirements in the Code of Virginia §15.2- 2511, if a locality’s audit is not completed as required by statute, the locality must promptly post a statement on its website with the following information:  That the required audit is pending,  The reasons for the delay,  And the estimated date of completion. City of Colonial Heights Audit Statement The City of Colonial Heights audit for the fiscal year ending June 30, 2023 is pending, the major factors for the delay of the audit are: 1) implementation of a new financial system; and 2) turnover in critical staff related to completion of the audit, specifically the Director of Finance. The City of Colonial Heights finance team is working diligently to complete their tasks for the auditors to prepare the FY23 Regular Meeting Minutes December 12, 2023 Page 13 audit report. Our estimated date of completion for the audit report is February 29, 2024. B. City Attorney Mr. Fisher stated that Richmond Regional Tourism (RRT), of which the City is a member, has been working to establish Tourism Improvement Districts in each of the participating localities. Mr. Fisher reported that each of the other participating localities has implemented such a district in its jurisdiction; however, Colonial Heights has been delayed as it was waiting for the opening of an additional hotel. Mr. Fisher advised that he and Mr. Smith had met with RRT representatives and a resolution of intent would be brought before Council for further discussion and approval at the January 9, 2024 meeting. C. Director of Planning and Community Development Mr. Carter reported that as part of Community Planning Month, the Planning and Community Development Department partnered with the Office of Youth and Human Services to meet with the Youth Advisory Council for several days to engage students in a series of community planning exercises. Staff introduced students to the role community planning plays in preparing city government to address challenges, capitalize on opportunities, and support assets as the city continues to physically change and develop. They spent time reviewing the various components of the City’s Comprehensive Plan and assessing how the plan’s community goals match with the students’ priorities. To initiate discussion around students’ experiences and perspectives related to the city, Mr. Carter advised that his staff facilitated groups in a SWOC (Strengths, Weaknesses, Opportunities, Challenges) analysis at which students identified and categorized various elements including landmarks, routes, public spaces, and neighborhoods based on their priorities. This exercise opened into a discussion around what the students’ value regarding community design, features, and experience. Mr. Carter shared the results of the SWOC analysis with Council. At the conclusion of Mr. Carter’s presentation, Vice Mayor Wade advised he participated in a ride-along with Code Enforcement staff on November 29, 2023, at which time he noticed some improvement and progress made. However, Vice Mayor Wade stated he wished to address inoperable vehicles at the upcoming Council Retreat. 16. Adjournment Regular Meeting Minutes December 12, 2023 Page 14 There being no further business, a motion was made by Vice-Mayor Wade, seconded by Dr. Poe, and carried unanimously on voice vote to adjourn the meeting. The meeting was adjourned at 9:14 P.M. APPROVED: ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk