City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, March 12, 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 John T. Wood. 4. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Kochuba. Before the adoption of the agenda, Mayor Kochuba recognized Mrs. Angie Woody from the School Board. 5. Adoption of Agenda A motion was made by Vice-Mayor Wade, seconded by Mr. Piotrowski, to approve the agenda as presented. Vote: 7-0 Yes: Frenier Regular Meeting Minutes March 12, 2024 Page 2 Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 6. Declarations of Personal Interest There were none. 7. Commendations and Presentations At the request of Mayor Kochuba, Item 14A-1 was moved to 7A. A. Brightpoint Community College Update by Dr. William C. Fiege, Brightpoint Community College President Dr. Fiege provided updates as to the changes taking place at the College and addressed questions from Council at the conclusion of his presentation. 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 Mr. Frenier advised that March was Red Cross Month; unfortunately, the Proclamation to be read at the meeting was not made available to the Clerk before the meeting agenda was posted. However, Mr. Frenier wanted Council and those present at the meeting to be made aware of the recognition. 10. Advertised Public Hearings A. Acceptance of Bids for Cedar Lane Greenspace Easement. Regular Meeting Minutes March 12, 2024 Page 3 Mr. Fisher stated that the City had received a bid from MDC Coast 12, LLC for the Greenspace Easement and provided brief comments after which time, Mayor Kochuba opened the floor for the acceptance of other bids for the Cedar Lane Greenspace Easement. There being no additional bids submitted, Mayor Kochuba closed the floor for the acceptance of bids. Mr. Fisher said that since MDC Coast 12, LLC was the only bid received, he recommended the acceptance of the bid of Council favored the creation of the Greenspace Easement. B. AN ORDINANCE NO 24-2 (Second Reading) Approving a Deed of Easement with MDC Coast 12, LLC, whereby the City grants MDC Coast 12, LLC a ten-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 Mrs. Luck, to approve Ordinance No. 24-2. Mr. Fisher recalled Ordinance No. 22-19, which Ordinance No. 24-2 rescinds, due to the failure of RIO Prime, LLC to purchase from Wallace Properties, LLC the property on which the car wash was being constructed. He noted that this failure meant that RIO Prime never had a greenspace easement on part of Cedar Lane. After Mr. Fisher’s comments, Mayor Kochuba opened the floor for comments from the public. There were none. There being no comments from the public, Mayor Kochuba opened the floor to comments from Council. There were none. There being no comments, Mayor Kochuba called for the vote. Vote: 5-2 Yes: Frenier Luck Poe Wade Kochuba No: Piotrowski Wood Absent: None Abstained: None Regular Meeting Minutes March 12, 2024 Page 4 Motion: PASS C. AN ORDINANCE NO 24-1 (Second 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 Dr. Poe, seconded by Mrs. Luck, to approve Ordinance No. 24-1. Mr. Smith had no new information to present on the proposed ordinance. There being no comments from the public or Council, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS D. AN ORDINANCE NO 24-FIN-2 (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 $422,176 consisting of: 1) $255,000 in unassigned fund balance and transfer to the Water and 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) Regular Meeting Minutes March 12, 2024 Page 5 $1,000 in donations to the Police Department for the 2024 Honors and Awards Banquet. $2,165 is transferred from Public Works to Nondepartmental 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 20, 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 $255,000 in unassigned fund balance from the General Fund Budget for emergency sewer repairs. A motion was made by Dr. Poe, seconded by Mr. Piotrowski, to approve Ordinance No. 24-FIN-2. Mr. Smith highlighted the larger funded items; however, added not additional comments. There were no comments from the public. Mr. Wade clarified that water and sewer was a “stand alone” fund and was not part of the General Fund. There being no additional comments, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Regular Meeting Minutes March 12, 2024 Page 6 Motion: UNANIMOUS PASS 11. Hearing of Citizens and Council Members Generally on Non-Agenda Items Jasmine Collins, 921 Yorkshire Road – Addressed Council relative to the ongoing issue of on-street student parking on Yourkshire Road which was blocking residents’ mailboxes and driveways during school hours. Charmaine Gray, 923 Yorkshire Road - Addressed Council relative to the ongoing issue of on-street student parking on Yourkshire Road which was blocking residents’ mailboxes and driveways during school hours. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda A. AN ORDINANCE NO 24-3 (UNANIMOUS PASS) (Second Reading) Awarding the City Attorney a bonus of $6,000. B. AN ORDINANCE NO 24-FIN-3 (UNANIMOUS PASS) (Second 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. C. AN ORDINANCE NO 24-FIN-4 (UNANIMOUS PASS) (Second Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2023, and ending June 30, 2024, by appropriating $64,103 to Public Safety consisting of: 1) $21,230 in State Asset Forfeiture to the Police Department for the purchase of equipment; and 2) $42,873 in grant funds from the Virginia Department of Emergency Management to reimburse for costs related to the NextGen 911 phone lines for the Fire Department. A motion was made by Vice-Mayor Wade, seconded by Mrs. Luck, to approve the Consent Agenda as presented. Vote: 7-0 Yes: Frenier Luck Regular Meeting Minutes March 12, 2024 Page 7 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 24-4 (First Reading) Amending § 273-37 of Chapter 273, Vehicles and Traffic, of the Colonial Heights City Code by authorizing the Chief of the Department of Fire and EMS to designate volunteers working under the Chief’s direction to issue a citation for the illegal parking of a motor vehicle in a fire travelway. A motion was made by Mr. Frenier, seconded by Mr. Piotrowski, to approve Ordinance No. 24-4. Mr. Fisher reminded Council that Ordinance No. 23-17, which Council approved last year, authorized the Fire Chief or his designee to issue citations for illegal parking in a fire travelway. Mr. Fisher advised that the Fire Chief has requested an amendment to the language that would authorize volunteer Fire Fighters and EMTs to issue citations for the illegal parking of a motor vehicle in a fire travelway. Chief Hoover answered questions from Council relative to the number of violations issued per week and the reason behind the request for the change. Addressing Mrs. Luck’s suggestion to change the language from “volunteer” to “trained volunteer”, Chief Hoover stated that all volunteers receive the same training and responsibilities as his paid Fire and EMS employees. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Regular Meeting Minutes March 12, 2024 Page 8 Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS B. AN ORDINANCE NO 24-FIN-5 (UNANIMOUS PASS) (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating $170,991, consisting of: 1) $12,000 in DMV Select revenue to the Treasurer’s Office; 2) $3,000 in DMV Select revenue to Contingencies and Miscellaneous; 3) $2,891 in Assigned Fund balance to the Sheriff’s Department to reimburse for the Christmas for Kids event; 4) $17,875 in State Funds to the Fire Department for training, equipment, and supplies; 5) $2,120 in Assigned Fund Balance to the Police Department for the purchase of supplies; 6) $42,000 in grant funds from the State Homeland Security Grant Program to the Fire Department for rescue task force Training; 7) $45,000 in grant funds from the Virginia Opioid Abatement Authority, and a $5,000 contingent match from Distributor Opioid Abatement funding, for Strategic Planning; 8) $5,105 in grant funds from the Byrne Justice Assistance Grant program to the Police Department to strengthen crime control; and 9) $28,000 in assigned fund balance and $8,000 in unassigned fund balance for the purchase of an emergency alert siren. To amend the Emergency Response fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024 by appropriating $3,157 in American Rescue Plan Act Tourism Recovery Program funds for reimbursement of media, public relations, and marketing expenditures. A motion was made by Dr. Poe, seconded by Mr. Piotrowski, to approve Ordinance No. 24-FIN-5. Mr. Smith provided comments relative to the public safety grants and items associated with public safety. Mrs. Sadler clarified Mayor Kochuba’s question relative to the revenue generated by the DMV select. Regular Meeting Minutes March 12, 2024 Page 9 At the request of Mr. Wood, Both Mr. Smith and Chief Hoover provided clarifying comments relative to the purchase and installation of the emergency alert siren. There being no further comments, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS C. A RESOLUTION NO 24-8 Supporting the Virginia America 250 Commission. A motion was made by Mr. Piotrowski, seconded by Dr. Poe, to approve Resolution No. 24-8. Mr. Smith informed Council of the recent resolution passed by the General Assembly supporting the Virginia American 250 Commission. Mr. Smith advised a committee had been formed comprised of several staff members and local citizens, who would be working to organize several local events to support the upcoming 2025 celebration. There was brief discussion by Council relative to the upcoming celebration after which time, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Regular Meeting Minutes March 12, 2024 Page 10 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. Moved to Item 10A. 2. Health Insurance Cost Sharing for FY2025 Mr. Smith recalled Councils discussion of this item at the Council Retreat earlier in the month, providing additional comments relative to the proposed increase of employee health insurance. Mr. Smith stated staff proposes an 80/20 City/Employee share with an annual cost to the City of approximately $180,000. Mr. Smith stated that with Council’s approval, he would move forward with the proposal for inclusion in the upcoming budget. It was the consensus of Council for staff to move forward with the proposed increase. 3. General Activity Report Mr. Smith provided information on the following upcoming items:  Launching of the new City website.  Kick-off of the Citizens Government Academy  Staff recommends adding additional areas to the City paving preservation projects in an effort to expedite the bid process.  Damaged decorative lighting poles on the Boulevard  Negotiations with VDOT related to the roundabout and pond access as it relates to the pond fountain and proposed City sign.  Dates of interest for upcoming Council and Planning Commission meetings. 4. City of Colonial Heights Audit Statement Regular Meeting Minutes March 12, 2024 Page 11 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 asked that Council recall discussion at the Retreat relative to a potential contract with a company (Rulo Strategies) that will formulate a plan for the use of funds the City has already received and will receive as part of the various opioid settlement. Mr. Fisher stated that after reviewing the contract, he was ready to proceed with its execution. Mr. Fisher reminded Council of the Regional Industrial Facilities Authority proposal advocated by Virginia’s Gateway Region. Mr. Fisher summarized the purpose of the authority. Mr. Fisher advised that four of the localities comprising Virginia’s Gateway Region had recently withdrawn their support and further advised it may be a collapsing concept. Mr. Fisher noted that at a February meeting, Council gave its support to a Tourism Improvement District. Mr. Fisher further advised that his office had prepared an ordinance to be brought before Council at the April 9, 2024 meeting for first reading. C. Director of Planning and Community Development Mr. Carter recalled his presentation at the Council Retreat of the Planning Department’s concept of a “Yard of the Year” Program. Mr. Carter advised that since that time Matt Spruill, Assistant Recreation and Parks Director Regular Meeting Minutes March 12, 2024 Page 12 and Aaron Bond, Assistant Planning Director, had completed cultivation of the program with an opening date of April 1, 2024. 16. Adjournment There being no further business, a motion was made by Vice-Mayor Wade, seconded by Mr. Frenier, and carried unanimously on voice vote to adjourn the meeting. The meeting was adjourned at 8:51 P.M. APPROVED: ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk