City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, January 16, 2024 1. Call to Order The Regular Meeting of City Council was called to order by Vice-Mayor Wade 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 Councilman John E. Piotrowski Councilwoman Dr. Laura F. Poe Councilman John T. Wood Vice-Mayor Robert W. Wade Absent: Mayor T. Gregory Kochuba 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 John E. Piotrowski. 4. Pledge of Allegiance The Pledge of Allegiance was led by Vice-Mayor Wade. 5. Adoption of Agenda A motion was made by Mrs. Luck, seconded by Dr. Poe, to approve the agenda as presented. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wood Regular Meeting Minutes January 16, 2024 Page 2 Wade No: None Absent: Kochuba 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 There were none. 8. Reading of Manner of Addressing Council. Mr. Fisher read the Manner of Addressing Council. 9. Written Petitions and Communications by members of the Public and Council Members There were none. 10. Advertised Public Hearing A. AN ORDINANCE NO 23-FIN-18 (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 $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 Mrs. Luck, to approve Ordinance No. 23-FIN-18. Regular Meeting Minutes January 16, 2024 Page 3 Mr. Smith provided brief clarifying comments; however, there were no comments or discussion from Council. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wood Wade No: None Absent: Kochuba Abstained: None Motion: UNANIMOUS PASS B. AN ORDINANCE NO 23-FIN-19 (Second 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 Regular Meeting Minutes January 16, 2024 Page 4 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. A motion was made by Mr. Frenier, seconded by Dr. Poe, to approve Ordinance No. 23-FIN-19. Mr. Smith provided brief clarifying comments before Mr. Wade opened the floor for public comment. There were no comments from the public; however, Mr. Smith clarified for Mr. Frenier the transfer of ARPA funds to General Fund. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wood Wade No: None Absent: Kochuba Abstained: None Motion: UNANIMOUS PASS 11. Hearing of Citizens and Council Members Generally on Non-Agenda Items Mr. Wood provided information from the Metropolitan Planning Organization Meeting. Mr. Wood advised there was a shortfall in funding for Regular Meeting Minutes January 16, 2024 Page 5 the installation of Boulevard lighting as well as a shortfall in funding for the current phase of the Appomattox River Greenway Trail. Mr. Wood advised that both projects had been approved to continue with shortfall funding being provided from various other projects scheduled from other projects. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda A. AN ORDINANCE NO 23-FIN-17 (Second 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. B. December 12, 2023 Special Meeting Minutes A motion was made by Mr. Piotrowski, seconded by Dr. Poe, to approve the Consent Agenda as presented. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wood Wade No: None Absent: Kochuba Abstained: None Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions A. AN ORDINANCE NO 24-FIN-1 (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 $168,392, consisting of: 1) $168,092 in grant funds from the Department of Criminal Justice to the Regular Meeting Minutes January 16, 2024 Page 6 Police Department for the Colonial Heights 2024 Firearm Intervention and Prevention Program; and 2) $300 in donations from citizens to the Police Department for the 2024 Honors and Awards Banquet. A motion was made by Mr. Frenier, seconded by Mrs. Luck, to approve Ordinance No. 24-FIN-1. Mr. Smith provided comments relative to the grant award from the Department of Criminal Justice for a previously discussed position within the Police Department and donations to the Police Department. Addressing Mr. Wood’s question, Mr. Smith clarified that grant funding for the position was for two years and the City would be responsible for further funding. Chief Anspach provided additional information, purpose, and detail supporting the Crime Analysis position. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wood Wade No: None Absent: Kochuba Abstained: None Motion: UNANIMOUS PASS B. A RESOLUTION NO 24-1 Declaring City Council’s intent to form a Tourism Improvement District and Scheduling a Public Hearing Concerning the formation of Such District A motion was made by Mr. Frenier, seconded by Mr. Wood, to approve Resolution No. 24-1. Mr. Smith provided background information; specifically noting the prior presentation by Richmond Regional Tourism (RRT) and the desire to create a Tourism Improvement District (TID) in Colonial Heights. Katherine O’Donnell advised RRT’s work to form a TID in the Richmond area which includes a 2% assessment levied on lodging businesses with over 41 rooms. The TID is currently operational in the City of Richmond, the Regular Meeting Minutes January 16, 2024 Page 7 Town of Ashland, and the counties of Chesterfield, Hanover, and Henrico. Ms. O’Donnell further explained that assessed lodging businesses pass the assessment on to customers. The purpose of the TID is to drive visitation and hotel occupancy in the Richmond Region via a dedicated fund for marketing and sales activities to benefit the hotels, the Region, and the entire community. Ms. O’Donnell noted that hotels in a locality could dissolve the TID should they feel it was not beneficial. Continuing, Ms. O’Donnell addressed questions from Council members by clarifying that the City was legally required to collect taxes and fees and not RRT. She also addressed questions concerning the allocation of revenues generated for RRT stating that only administrative costs were covered by such revenue. There being no further questions, Mr. Fisher provided comments relative to the process moving forward for approval of Resolution No. 24-1. Vote: 5-1 Yes: Frenier Piotrowski Poe Wood Wade No: Luck Absent: Kochuba Abstained: None Motion: UNANIMOUS PASS C. A RESOLUTION NO 24-2 Ending the local state of emergency and disaster declared by the Director Emergency Services on June 16, 2023. A motion was made by Mr. Piotrowski, seconded by Mrs. Luck, to approve Resolution No. 24-2. There was no discussion on this item. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wood Regular Meeting Minutes January 16, 2024 Page 8 Wade No: None Absent: Kochuba Abstained: None Motion: UNANIMOUS PASS D. A RESOLUTION NO 24-3 Specifying the regular meeting dates of the Colonial Heights City Council. A motion was made by Mr. Piotrowski, seconded by Mrs. Luck, to approve Resolution No. 24-3. There was no discussion on this item. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wood Wade No: None Absent: Kochuba 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. Discussion regarding amendments to the lease agreement with Collegiate Baseball Experience. At the request of Mr. Smith, Mr. Skalak provided Council with information relative to the expansion of the Chili Pepper’s lease through 2026. Mr. Skalak advised that staff was seeking Council approval to move forward with adding Regular Meeting Minutes January 16, 2024 Page 9 ready-to-drink cocktails, in addition to beer and wine sales at Chili Pepper games. Mr. Skalak further advised of the staff’s recommendation of a 10% alcohol by volume limit on the ready-to-drink cocktails. Additionally, Mr. Skalak advised that the request for additional ready-to-drink cocktails would be covered under the current ABC license; however, it would not cover youth events. Mr. Fisher advised that these actions would require a public hearing. After a brief discussion, it was the consensus of the Council for staff to move forward with the lease agreement request. 2. City Website Redesign Presentation Mr. Smith thanked Mrs. Bosher and Mr. Spruill for their efforts involving the new design of the proposed website and reviewed the proposed changes, upgrades, and additions to the website. There was discussion debating the addition of a proposed City logo to replace the City seal on the homepage of the website. Mr. Smith shared a sample homepage incorporating the proposed logo with the City seal as a large watermark. After much discussion, it was the consensus of the Council to move forward with the proposed changes to the website leaving the City seal intact. 3. General Activity Report Mr. Smith reported on the following:  Welcomed Christine Sadler as the City’s new Finance Director.  Notification from DEQ that the City is being awarded a grant for the stormwater local assistance fund for $931,000. Mr. Smith thanked Mr. Wood for his efforts as part of the Metropolitan Planning Organization.  Upcoming meeting dates which included: o February 13 Regular Meeting o March 1-2 Council Retreat o February 6 Planning Commission Meeting There was brief discussion relative to a February or March work session. It was the consensus of Council to hold a February work session. 4. City of Colonial Heights Audit Statement Regular Meeting Minutes January 16, 2024 Page 10 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 audit report. Our estimated date of completion for the audit report is February 29, 2024. B. City Attorney Mr. Fisher reported on the following items:  Two subpoenas were received regarding a lawsuit by Dr. Sroufe, against WTVR/Channel 6, which resulted in he and Mrs. Tomlin spending an enormous amount of time reviewing thousands of emails.  Charter changes submitted to Delegate Cherry and Senator Sturtevant have been put into House and Senate Bills. Mr. Fisher advised of his attendance at the Senate Local Government Committee meeting yesterday with Senator Sturtevant and further advised of the Committee’s approval of the Senate Bill. Mr. Fisher said there was no information on the timeline of Delegate Cherry’s bill in the House of Representatives.  A proposed project for traffic flow and pedestrian safety at Temple Avenue and the Boulevard has been delayed due to property acquisition issues with said landowners, including Bank of America. C. Director of Planning and Community Development Mr. Carter had nothing further to report from the Planning Commission; however, provided the following updates from his department: Regular Meeting Minutes January 16, 2024 Page 11  Planning staff emailed letters to known Short Term Rental (STR) applicants as well as advertised requirements for a permit for operation of an STR.  Received notification from the Federal Emergency Management Agency found the City’s floodplain ordinance to be compliant.  The Housing and Community Development found the City’s CAFR funds compliant allowing additional funding for the City in the future. Mr. Carter advised that due to an increased number of inquiries for assistance with maintenance issues of residential properties not covered under the CDBG program, his staff will be reaching out to civic organizations for assistance to help address these requests. In conclusion, to encourage community engagement, Mr. Carter advised the Planning Department will be working with the Department of Recreation and Parks for the development of a program to recognize homeowners for their yards. This program will be similar to the “Lights in the Heights” program at Christmas. Addressing Mr. Frenier’s question relative to the status of the proposed storage unit project next to the Temple Avenue Hardees, Mr. Carter advised there had been a delay due to easements on the property owned by VDOT; however, the final site plan is nearing completion by VDOT. At the request of Mr. Carter, Mr. Flippen provided additional clarifying comments relative to the delay. 16. Adjournment There being no further business, a motion was made by Mrs. Luck, seconded by Mr. Piotrowski, and carried unanimously on voice vote to adjourn the meeting. The meeting was adjourned at 8:58 P.M. APPROVED: ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Regular Meeting Minutes January 16, 2024 Page 12 Pamela B. Wallace, City Clerk