City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, February 13, 2024 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 Councilman John E. Piotrowski Councilwoman Dr. Laura F. Poe Councilman John T. Wood Vice-Mayor Robert W. Wade Mayor T. Gregory Kochuba Absent: None 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 Dr. Laura F. Poe. 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 Mrs. Luck, to approve the agenda as presented. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Regular Meeting Minutes February 13, 2024 Page 2 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. 7. Commendations and Presentations A. 70th Annual Christmas Parade Award Winners and recognizing JW Electric and Keystone Tractor Museum for their donations of time and resources. Mr. Matt Spruill, Assistant Director of Recreation and Parks, recognized the award winners of the Annual Christmas Parade. Additionally, Mr. Spruill thanked J. W. Electric for their sponsorship from 2018 to 2023. Mr. Spruill also thanked representatives from Keystone Truck and Tractor Museum for their continued support and assistance by providing equipment for the Santa Float. B. Introduction of New Staff in the Commonwealth’s Attorney’s Office. Mr. Gray Collins, Commonwealth’s Attorney, introduced Senior Assistant Commonwealth Attorney Stephen Kirby Armstrong, Assistant Commonwealth Attorney Jessica Cooper, and Assistant Commonwealth Attorney, Olivia Rose Tanner. 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. Regular Meeting Minutes February 13, 2024 Page 3 10. Advertised Public Hearing A. A Public Hearing on a Tourism Improvement District Plan for the City of Colonial Heights. Mayor Kochuba provided brief comments recalling Council’s prior discussion and explanation of the approval process of the Tourism Improvement District (TID) Plan. After Mayor Kochuba’s comments, Catherine O’Donnel provided Council with additional information supporting the proposed TID. Ms. O’Donnell Provided Council members with a copy of RRT’s Mid-Year Report for TID's and information on marketing and business development events generating support for the plan. Public Comment: There were no comments. Council Comments: Addressing Mr. Wood’s question asking how advertising dollars were evaluated to determine the impact to the locality; Ms. O’Donnel stated that the data collected from bookings was analyzed and calculated to determine the impact. Mr. Nick Patel, representing Kalyan Hospitality on behalf of Comfort Suites and Town Place Suites, Michelle Sarr of Shamin Hotels, and Mike Sandpiper of Woodspring Suites, spoke in support of the proposal. B. A RESOLUTION NO 24-6 Approving amendments to the Lease Agreement between the City of Colonial Heights and Collegiate Baseball Experience that concern the expiration date, schedule of lease payments, and alcohol sales; and authoring the City Manager to sign the document titled “Amendments to Lease Agreement”. A motion was made by Mr. Frenier, seconded by Dr. Poe, to approve Resolution No. 24-6. Mr. Smith provided brief comments recalling Council’s discussion and information presented by Mr. Skalak at the January meeting. There were no additional comments from the Public or Council. Vote: 7-0 Yes: Frenier Luck Regular Meeting Minutes February 13, 2024 Page 4 Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 11. Hearing of Citizens and Council Members Generally on Non-Agenda Items There were none. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda A. AN ORDINANCE NO 24-FIN-1 (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 $168,392, consisting of 1) $168,092 in grant funds from the Department of Criminal Justice to the 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. B. January 16, 2024 Special Meeting Minutes C. January 16, 2024 Regular Meeting Minutes D. January 30, 2024 Special Meeting Minutes A motion was made by Mrs. Luck, seconded by Dr. Poe, to approve the Consent Agenda as presented. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Regular Meeting Minutes February 13, 2024 Page 5 Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions A. AN ORDINANCE NO 24-1 (First Reading) To adopt a revised General Pay Plan Class and Salary Range that adds in the new position of Crime Analyst to the Pay Plan and adopts its corresponding job description and class specification; such position being funded through a grant awarded by the Department of Criminal Justice Services through 2025. A motion was made by Vice-Mayor Wade, seconded by Mrs. Luck, to approve Ordinance No. 24- 1. Mr. Smith requested Council support and approval upon first reading of the ordinance to move forward with the advertisement of the position. Mr. Wood provided comments clarifying that the position was grant-funded through 2025; however, would be funded by the City should the grant not be refunded. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS B. AN ORDINANCE NO 24-2 (First Reading) Approving a Deed of Easement with MDC Coast 12, LLC, whereby the City Grants MDC Coast 12 a ten- Regular Meeting Minutes February 13, 2024 Page 6 year greenspace easement over approximately 9,880 square feet of Cedar Lane; and rescinding Ordinance No. 22-19. A motion was made by Mr. Frenier, seconded by Vice Mayor Wade, seconded by Dr. Poe, to approve Ordinance No. 24-2. Mr. Fisher recalled the December 13, 2022 meeting, at which time Council approved Ordinance No. 22-19 granting RIO Prime, LLC a greenspace easement over Cedar Lane, with the condition that RIO Prime, LLC purchase three parcels adjacent to Cedar Lane from Wallace Properties, LLC to build a car washing facility. Mr. Fisher advised that RIO Prime, LLC never purchased the property from Wallace Properties, LLC; and MDC Coast 12, LLC subsequently purchased the property. RIO Prime, LLC is now the Developer of the project with MDC Coast 12, LLC leasing the property to Go Carwash. Since Rio Prime, LLC did not purchase the property, the easement granted by the City through Ordinance No. 22-19 does not exist. Ordinance No. 24-2 grants MDC Coast 12, LLC the greenspace easement with the same caveats listed in the prior greenspace easement. Ordinance No. 22-19 will be rescinded upon approval of the proposed Ordinance No. 24-2. There was discussion by Council members regarding, what some Council members felt would be, an economic hardship on some businesses due to the closure of Cedar Lane; however, others felt the addition of a greenspace would be more aesthetically pleasing to the area. Mr. John G. Dicks, attorney representing RIO Prime, LLC and MDC Coast 12, LLC, provided comments further clarifying the confusion surrounding the sale of the property and how the proposed ordinance will correct the error. There being no further discussion, Mayor Kochuba called for the vote. Vote: 5-2 Yes: Frenier Luck Poe Wade Kochuba No: Piotrowski Wood Absent: None Abstained: None Motion: PASS Regular Meeting Minutes February 13, 2024 Page 7 C. AN ORDINANCE NO 24-FIN-2 (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 $422,176 consisting of: 1) $255,000 in unassigned fund balance and transfer to the Water & Sewer Fund Budget for emergency sewer repairs; 2) $145,154 in assigned fund balance and transfer to the Capital Projects Fund Budget for the Appomattox River Trail – Phase V; 3) $10,640 in grant funds from the State Aid Grant to the Library for the purchase of three Apple Vision Pros; 4) $10,382 in State Asset Forfeiture funds to the Commonwealth’s Attorney; and 5) $1,000 in donations to the Police Department for the 2024 Honors and Awards Banquet. $2,165 is transferred from Public Works to Non-departmental so that litter abatement funds are in the correct department budget. To amend the Capital Projects Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating a total of $725,769, consisting of 1) $580,615 in federal funds from the Tri-Cities Area Metropolitan Planning Organization to the Appomattox River Greenway Trail – Phase V project; and 2) $145,154 in assigned fund balance from the General Fund Budget for the Appomattox River Trail – Phase V project. To amend the Water & Sewer Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating $25,000 in unassigned fund balance from the General Fund Budget for emergency sewer repairs. A motion was made by Mayor Kochuba, seconded by Mr. Frenier, to approve Ordinance No. 24-FIN-2. Mr. Smith provided additional clarifying comments further explaining the amendments listed in the proposed ordinance. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba Regular Meeting Minutes February 13, 2024 Page 8 No: None Absent: None Abstained: None Motion: UNANIMOUS PASS D. AN ORDINANCE NO 24-FIN-3 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2022, and ending June 30, 2023, by 1) transferring $53,109 from Public Safety to Transfers to Other Funds to correct a budget entry error, and 2) appropriating $26,902 in additional federal funding to the Community Development Block Grant. A motion was made by Dr. Poe, seconded by Mrs. Luck, to approve Ordinance No. 24-FIN-3. Mr. Smith provided clarifying comments relative to the transfer of funds. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS E. A RESOLUTION NO 24-7 Committing to fund in full, the shortage amount for the Appomattox River Greenway Trail Phase V project; and after committing, to accept Transportation Alternative Program funds to pay 80% of the shortage. A motion was made by Vice-Mayor Wade, seconded by Mrs. Luck, to approve Resolution No. 24-7. Mr. Smith advised that the bids received for the project greatly exceeded the allocated amount due to the unanticipated high costs of the bridges associated Regular Meeting Minutes February 13, 2024 Page 9 with the project. The City requested additional Transportation Alternative Program (TAP) funds from the Metropolitan Planning Organization (MPO); and the MPO has agreed to transfer $580,615 in TAP funding to the project to fund a portion of the deficit. TAP funding requires a 20% local match which totals $145,154. VDOT refers to the remaining deficit in estimated funding ($863,273) as the “no post” amount. The department requests commitment by the City for the no-post funding amount of $863,273 to advance the project to re-advertisement with the understanding that VDOT will make available to the City $690,618 in additional TAP funding with a local match of 20% from the City ($172,655). There was no additional discussion. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None 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. General Activity Report Mr. Smith provided upcoming dates of interest relative to Council Meetings. 2 City of Colonial Heights Audit Statement Regular Meeting Minutes February 13, 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 bankruptcy filing of Endo International, PLC, and its affiliated debtors, who had been opioid makers. Endo has filed a Chapter 11 reorganization plan, and the bankruptcy court has asked for impacted localities to submit a ballot either approving or disapproving of the plan. Mr. Fisher said he would be glad to complete a ballot approving the reorganization plan under which the City would receive a financial distribution; but he needed to get Council’s consent prior to filing the ballot. The Mayor asked if each Council member if Mr. Fisher was authorized to vote “yes” to the plan of reorganization and submit the ballot on behalf of the City. All Council members said Mr. Fisher could take such action. C. Director of Planning and Community Development Mr. Carter had no additions to the Planning Commission Report. 16. Adjournment There being no further business, a motion was made by Mayor Kochuba, seconded by Vice Mayor Wade, and carried unanimously on voice vote to adjourn the meeting. The meeting was adjourned at 8:44 P.M. APPROVED: Regular Meeting Minutes February 13, 2024 Page 11 ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk