City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, May 14, 2024 1. Call to Order The Regular Meeting of City Council was called to order by Mayor Kochuba at 7:03 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 Councilman John T. Wood Vice-Mayor Robert W. Wade Mayor T. Gregory Kochuba Absent: Councilwoman Dr. Laura F. Poe 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 Mayor Kochuba. 4. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Kochuba. 5. Adoption of Agenda A motion was made by Mr. Piotrowski, seconded by Vice-Mayor Wade, to approve the agenda as presented. Vote: 6-0 Yes: Frenier Luck Piotrowski Wood Wade Regular Meeting Minutes May 14, 2024 Page 2 Kochuba No: None Absent: Poe Abstained: None Motion: UNANIMOUS PASS 6. Declarations of Personal Interest Declarations were read by Mrs. Luck, Vice-Mayor Wade, Mr. Frenier, and Mayor Kochuba and filed with the Clerk. Before continuing, Mayor Kochuba recognized Mr. Keith Kapinskis from the School Board. 7. Commendations and Presentations A PROCLAMATION Proclaiming May 12-18, 2025 as National Law Enforcement Officers’ Memorial Week in the City of Colonial Heights, Virginia. A PROCLAMATION Proclaiming the week of May 19-25, 2024 as National Emergency Medical Services Week in the City of Colonial Heights, Virginia. A PROCLAMATION Proclaiming May 2024 as Mental Health Awareness Month in the City of Colonial Heights, Virginia. Citizens Government Academy Recognizing the Program Participants of Spring 2024 Citizens Government Academy. 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 Hearings Regular Meeting Minutes May 14, 2024 Page 3 A. AN ORDINANCE NO 24-8 (First Reading) Providing for a tax levy on certain personal property for the 2024 and 2025 tax years, for general municipal purposes. A motion was made by Mrs. Luck, seconded by Vice-Mayor Wade, to approve Ordinance No. 24-8. Mr. Smith advised that the ordinance was to set the personal property tax rate and clarified that the rate was not changing. Mr. Smith provided additional clarifying comments relative to the proposed ordinance with a recommended rate of 40% for the upcoming fiscal year. There were no comments from the public or Council. Vote: 6-0 Yes: Frenier Luck Piotrowski Wood Wade Kochuba No: None Absent: Poe Abstained: None Motion: UNANIMOUS PASS B. AN ORDINANCE NO 24-9 (First Reading) Providing for a levy on all real estate located in the City not exempt from taxation to be fixed at $1.20 for the tax year commencing January 1, 2025, and ending December 31, 2025 for general municipal purposes. A motion was made by Mr. Frenier, seconded by Mr. Piotrowski, to approve Ordinance No. 24-9. Mr. Smith provided a brief overview of the proposed ordinance after which time, Mayor Kochuba opened the floor for comments from the public and Council; of which there were none. Vote: 6-0 Regular Meeting Minutes May 14, 2024 Page 4 Yes: Frenier Luck Piotrowski Wood Wade Kochuba No: None Absent: Poe Abstained: None Motion: UNANIMOUS PASS C. AN ORDINANCE NO 24-11 (First Reading) Amending § 244-13 of Chapter 244, Solid Waste, of the Colonial Heights City Code by increasing the monthly charge for solid waste collection and disposal and for the collection and recycling of recyclable material. A motion was made by Mrs. Luck, seconded by Vice-Mayor Wade, to approve Ordinance No. 24-11. Mr. Smith advised the proposed ordinance was to amend the code allowing for adjustments to the monthly recycling rate and explained how staff determined the rate increase of $0.75 per month. There were no comments from the public. Addressing Mr. Piotrowski’s comment relative to the withdrawal of Petersburg from CVWMA, Mr. Smith stated their withdrawal did not affect the rate increase. Mr. Piotrowski noted his concern relative to the length of the 10-year contract and the proposed increase. There being no further discussion, Mayor Kochuba called for the vote. Vote: 5-1 Yes: Frenier Luck Wood Wade Kochuba No: Piotrowski Absent: Poe Regular Meeting Minutes May 14, 2024 Page 5 Abstained: None Motion: UNANIMOUS PASS D. AN ORDINANCE NO 24-FIN-10 (First Reading) Adopting the General Fund Budget for the fiscal year beginning July 1, 2024, and ending June 30, 2025, and appropriating the estimated revenues for the year for the objects and purposes stated herein. A motion was made by Mayor Kochuba, seconded by Vice-Mayor Wade, to adopt Ordinance No. 24-FIN-10. Mr. Smith provided brief comments explaining the purpose of the proposed ordinance after which time Mayor Kochuba opened the floor for comments from the public and Council. There being no comments from either, he called for the vote. Vote: 6-0 Yes: Frenier Luck Piotrowski Wood Wade Kochuba No: None Absent: Poe Abstained: None Motion: UNANIMOUS PASS E. AN ORDINANCE NO 24-FIN-11 (First Reading) Adopting the budgets for various funds for the fiscal year beginning July 1, 2024 and ending June 30, 2025, and appropriating the estimated revenues for the year for the principal purposes stated. A motion was made by Mrs. Luck, seconded by Vice-Mayor Wade, to approve Ordinance No. 24-FIN-11. Mayor Kochuba provided comments explaining the purpose of the proposed ordinance after which time he opened the floor for comments from the public and Council. There being none, he called for the vote. Regular Meeting Minutes May 14, 2024 Page 6 Vote: 6-0 Yes: Frenier Luck Piotrowski Wood Wade Kochuba No: None Absent: Poe Abstained: None Motion: UNANIMOUS PASS F. Public Hearing on the proposed FY2024-2025 City of Colonial Heights Annual Operating Budget. After brief comments from Mr. Smith advising that a resolution would be brought before Council at the next meeting for final approval of the budget, Mayor Kochuba opened the floor for public comment. There were no comments. 11. Hearing of Citizens and Council Members Generally on Non-Agenda Items Patricia Edwards, 414 Whippoorwill Court - Addressed her concerns and discontent relative to the previous and most recent survey of her property relating to the brick wall along her property line and 302 Highland Avenue and the damage caused to the wall due to tree growth from the adjacent property. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda A. AN ORDINANCE NO 24-6 (Second Reading) Awarding the City Manager a bonus of $6,000. B. An ORDINANCE NO 24-FIN-6 (Second Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating $17,272, consisting of: 1) $6,331 in state funds from the Department of Criminal Justice Services to the Police Department for reimbursement of Temporary Detention Order/Emergency Custody Order personnel costs; 2) $7,972 in the Regular Meeting Minutes May 14, 2024 Page 7 National Highway Traffic Safety Administration funds from the state to the Police Department for reimbursement of personnel costs related to Selective Enforcement; and 3) $2,969 in donations to the Police Department for the 2024 Honors and Awards Banquet. To amend the Emergency Response Fund Budget by appropriating $3,485 in American Rescue Plan Act Tourism Recovery Program funds for reimbursement of media, public relations, and marketing expenditures. To amend the Capital Projects Fund by transferring $465,499 from the Total Maximum Daily Load Project to the Citywide Infrastructure Project. C. AN ORDINANCE NO 24-FIN-7 (Second Reading) Appropriating and providing funds for financing the City of Colonial Heights Public Schools Budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025, and approving such budget. D. AN ORDINANCE NO 24-FIN-8 (Second Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating $42,137, consisting of: 1) $2,775 in grant funds from the Firehouse Subs Public Safety Foundation to the Police Department to purchase a Thermal Imaging Camera; 2) $5,967 in state funds from the Department of Criminal Justice Services to the Police Department for reimbursement of Temporary Detention Order/Emergency Custody Order Personnel Costs; and 3) $333,395 from Miscellaneous (Assigned Fund Balance) to Debt & Transfers for the Auxiliary City Hall Parking Lot Project. Transfers of $55,000 consisting of 1) $30,000 from Nondepartmental (Contingencies & Reserve) to Public Works for building maintenance costs; and 2) $25,000 from Nondepartmental (Contingencies & Reserve) to the City Attorney for contracted legal services. To amend the Emergency Response Fund Budget by appropriating $5,858 in American Rescue Plan Act Tourism Recovery Program funds for reimbursement of media, public relations, and marketing expenditures. Regular Meeting Minutes May 14, 2024 Page 8 To amend the Capital Projects Fund by appropriating $33,395 in an assigned fund balance transfer from the General Fund Budget to the Auxiliary City Hall Parking Lot Project. E. April 9, 2024 Special Meeting Minutes F. April 9, 2024 Regular Meeting Minutes A motion was made by Mr. Frenier, seconded by Vice-Mayor Wade, to approve the Consent Agena as presented. Vote: 6-0 Yes: Frenier Luck Piotrowski Wood Wade Kochuba No: None Absent: Poe Abstained: None Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions A. An ORDINANCE NO 24-10 (First Reading) To adopt a revised General Pay Plan Class and Salary Range that increases the minimum and maximum of each grade’s salary range by a minimum of 1%; adds Code Enforcement Supervisor and Planner as new full-time positions; adds Assistant Fire Marshal, Permit Technician, Recreation Attendant, and Program Assistant as new part-time positions to the General Pay Plan Class and Salary Range; adopts the corresponding job descriptions and class specifications for such positions; increases the pay range for certain part-time positions; changes the salary grade, job description, starting salary, and class specifications of the Chief Deputy Sheriff, Lieutenant Deputy Sheriff, and Deputy Sheriff; changes the salary grade, job description, starting salary, and class specification for the conversion of the Administrative Services Deputy Sherif to Sergeant Deputy Sheriff; changes the job description and class specifications of Assistant Commonwealth’s Attorney to allow one Assistant Commonwealth’s Attorney position Regular Meeting Minutes May 14, 2024 Page 9 by designated as a Senior Assistant Commonwealth’s Attorney; and adds the position of Chief Deputy Commonwealth’s Attorney to the General Pay Plan Class and Salary Range and adopts the job descriptions and class specifications. To adopt a revised Public Safety Pay Plan that increases by 1% the steps of each pay grade and increases by 2% the salary between the majority of steps. A motion was made by Vice-Mayor Wade, seconded by Mr. Piotrowski, to approve Ordinance No. 24-10. After a brief overview of the proposed ordinance, Mr. Smith advised that the changes noted within the ordinance were budget changes and would require a public hearing at the June 11, 2024 Regular Meeting. Vote: 6-0 Yes: Frenier Luck Piotrowski Wood Wade Kochuba No: None Absent: Poe Abstained: None Motion: UNANIMOUS PASS B. AN ORDINANCE NO 24-FIN-9 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating $9,920, consisting of $4,420 to Nondepartmental from Miscellaneous (Restricted Fund Balance) for litter control and $5500 in donations to Public Safety for Police equipment and community engagement. A motion was made by Mayor Kochuba, seconded by Mrs. Luck, to approve Ordinance No. 24-FIN-9. Mr. Smith noted the donations for the Police Department C. A RESOLUTION NO 24-18 Regular Meeting Minutes May 14, 2024 Page 10 Approving the Second Amendment to the Special Project Service Agreement for Municipal Solid Waste Collection and Disposal Services with the Central Virginia Waste Management Authority. A motion was made by Vice-Mayor Wade, seconded by Mrs. Luck, to approve Resolution No. 24-18. Mr. Smith advised the purpose of the resolution was to remove Petersburg from the Service Agreement for Solid Wase with CVWMA. Mr. Smith stated that the resolution included the new rate adjustment showing the City’s contribution at a lower rate than other participating localities. Mr. Piotrowski initiated a remarks expressing his concern relative to the length of the current contract stated he felt that 10 years was too long. Vote: 5-1 Yes: Frenier Luck Wood Wade Kochuba No: Piotrowski Absent: Poe Abstained: None Motion: 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 comments and his gratitude to staff for their help and participation for the Fort Clifton Festival. Mr. Smith advised of the upcoming May 21, 2024 joint meeting with the school Board and the work session afterward at which time staff would introduce a proposed ordinance to finalize a few budget items. Mr. Smith noted that the joint Regular Meeting Minutes May 14, 2024 Page 11 meeting with the School Board would begin at 4:00 P.M. at the Colonial Heights Technical Center and conclude with the work session beginning at 6:30 P.M. at City Hall. 2. Public Works – Roadway Paving Updates At the request of Mr. Smith, Todd Flippen, Public Works Director, provided the following information relative to the City’s 2024-2025 Pavement Preservation Project:  Conduit Road from River Oaks to Heron Run – Estimated cost $962,000.  Hamilton Avenue from Temple to the Boulevard – Estimated $668,000. Continuing, Mr. Flippen presented the following three options staff developed as areas of focus:  Option No. 1 - Repaving of residential streets between Branders Bridge and Westover – Estimated cost - $732,000 (including Conduit and Hamilton, approximately $2.5M).  Option No. 2 - Repaving of residential streets adjacent to Lakeview Avenue – Estimated cost $712,000 (including Conduit and Hamilton, approximately $2.5M).  Option No. 3 - Repaving of residential streets adjacent to Conduit Road – Estimated cost $842,000 (including Conduit and Hamilton, approximately $2.6M). Addressing Mrs. Luck’s question relative to the method by which staff determined the greatest street pavement need, Mr. Flippen advised there was a city-wide pavement index to aid in determining the areas of greatest need. Mr. Flippen stated that he did not feel that, of the options noted above, that one area was any worse than the other. Mr. Wood stated for clarity that limited funds for pavement projects should be utilized on streets that will extend the life of the street and not just a “temporary fix.” Mayor Kochuba provided comments relative to each option; however, supported Option #1. Addressing Mr. Frenier’s question, Mr. Flippen advised that before the Brookedge and Spring Drive Project begins, staff will need to develop a plan to address installation of curb and gutter and stormwater and sewer and there was right-of- way acquisition to be determined on Brookedge. Addressing Mr. Frenier’s Regular Meeting Minutes May 14, 2024 Page 12 additional question, Mr. Flippen advised it would be approximately 12 to 15 months for a project of this size. It was the consensus of Council for staff to move forward with Option No. 1 as presented by staff. 3. City of Colonial Heights Audit Statement 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 the 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 completion date for the audit report is May 31, 2024. B. City Attorney Mr. Fisher provided comments on the following:  Mr. Fisher advised that the Planning Commission recommended approval of a Special Use Permit with multiple restrictions, to allow a campground at the Keystone Truck and Tractor Museum. Mr. Fisher stated that the campground had been in existence for some time. Council is to consider an ordinance on first reading, and hold a public hearing at the June 11, 2024 meeting.  Regarding the Boulevard and Temple turn-lane project, Mr. Fisher advised there were two properties that had not agreed to accept the City’s offered compensation for takes to their property; with one unlikely to settle without some sort of litigation. Regular Meeting Minutes May 14, 2024 Page 13 C. Director of Planning and Community Development  In the absence of Mr. Carter, Mr. Smith reported that in addition to the Keystone Truck and Tractor Special Use Permit request, the Planning Commission’s approval of a request for a subdivision of the former Sherwood Hills Swim Club property to develop seven single-family detached dwelling lots. 16. Adjournment There being no further business, a motion was made by Mr. Piotrowski, seconded by Mrs. Luck, and carried unanimously on voice vote to adjourn the meeting. The meeting was adjourned at 8:57 P.M. APPROVED: ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk