City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, July 9, 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 Vice-Mayor Robert W. Wade Mayor T. Gregory Kochuba Absent: Councilman John T. Wood (arrived at 7:02 PM) 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 Mrs. Luck. 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 Mrs. Luck, to approve the agenda as presented. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Regular Meeting Minutes July 9, 2024 Page 2 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. Recognizing Diane Piotrowski for her 50 years of dedicated service to the City of Colonial Heights. B. Recognizing Mr. Hardy Patel for his donation and Career Officer Eric Allen for his efforts to purchase drivers’ education equipment for Colonial Heights High School. 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 There were none. 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 24-7 Regular Meeting Minutes July 9, 2024 Page 3 (First Reading) To grant a special use permit with conditions to KHJ Colonial, LLC allowing a campground with electric and water hookups, and a 22,946 ± sf gravel parking area accommodating 10 campsites for travel trailers or recreational vehicles, located at the rear western edge of KHJ Colonial, LLC’s property at 880 W. Roslyn Road, the site of the Keystone Truck and Tractor Museum. The property has parcel identification number 6805000001A and is zoned IN – Industrial. B. AN ORDINANCE NO 24-FIN-13 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating $125,095, consisting of: 1) $17,095 in state funds from the Department of Health to Intergovernmental Revenues and to Public Safety for training of emergency medical personnel and the purchase of equipment and supplies; 2) $8,000 in Library donations to Miscellaneous and to Culture and Recreation for the Library’s Reading Skills Program; and 3) $100,000 from Unassigned Fund Balance to Miscellaneous and to Debt Service & Transfers Out for emergency sewer repair. Also amending the General Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by transferring $471,500 from Nondepartmental consisting of: 1) $419,000 to Health and Social Services for additional funds needed for the Children’s Services Act; and 2) $52,500 to Public Works to cover additional operating costs. To amend the Water and Sewer Fund by transferring $1,000 from the General Fund Budget to the Water and Sewer Fund Budget’s nonoperating Revenue and to Wastewater Treatment for emergency sewer repairs. C. May 14, 2024 Special Meeting Minutes D. May 14, 2024 Regular Meeting Minutes E. June 11, 2024 Special Meeting Minutes A motion was made by Mr. Frenier, seconded by Vice-Mayor Wade, to approve the Consent Agena as presented. Vote: 7-0 Yes: Frenier Regular Meeting Minutes July 9, 2024 Page 4 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 24-13 (First Reading) Amending § 258-13 of Chapter 258, Taxation, of the Colonial Heights City Code, by specifying the penalty and interest rate on delinquent real estate taxes. A motion was made by Vice-Mayor Wade, seconded by Mr. Piotrowski, to approve Ordinance No. 24-13. Mr. Fisher advised that the ordinance clarified the Finance Department's practice of charging a 10% penalty and interest rate on delinquent real estate taxes, which was not clearly articulated within the City Code. Mr. Fisher stated staff felt it was important to include language clearly advising of the 10% penalty and interest rate. There being no discussion, 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 Regular Meeting Minutes July 9, 2024 Page 5 B. AN ORDINANCE NO 24-14 (First Reading) Amending §§ 98-23 and 98-24 of Chapter 98, Animals, of the Colonial Heights City Code by providing for the issuance of lifetime licenses for dogs and cats and specifying the license tax on dogs and cats over four months of age and on dog kennels. A motion was made by Mr. Piotrowski, seconded by Dr. Poe, to approve Ordinance No. 24-14. Mr. Fisher advised that at the request of the Finance Department, the proposed ordinance allows for a one-time license tax and tags for dogs and cats, to simplify license processing. Mr. Fisher advised that the fee for the two types of dog kennels would remain the same and the cost for a lost or destroyed tag would be increased from $1 to $5. Mr. Wood stated he was somewhat reserved on a lifetime issuance of licenses and tags because the animals may not be properly vaccinated as they would be if a yearly tag was required. Having said this, Mr. Wood stated he understood the point of the Finance Department in making the request, and for that reason, he would vote “yes.” There were no additional comments from staff or Council. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS C. AN ORDINANCE NO 24-15 (First Reading) Amending § 51-58 of Chapter 512, Personnel Policies and Grievance Procedure, of the Colonial Heights City Code, relating to military leave, to comply with Code of Virginia requirements. Regular Meeting Minutes July 9, 2024 Page 6 A motion was made by Dr. Poe, seconded by Vice-Mayor Wade, to approve Ordinance No. 24-15. Mr. Fisher stated that the proposed ordinance reflects the changes made by the Virginia General Assembly, including the increase in military leave for City employees. There were no additional comments from staff or Council. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS D. AN ORDINANCE NO 24-16 (First Reading) Amending § 258-26 of Chapter 258, Taxation, of the Colonial Heights City Code, by specifying the penalty and interest rate on delinquent personal property taxes. A motion was made by Dr. Poe, seconded by Mrs. Luck, to approve Ordinance No. 24-16. Mr. Fisher stated that as with Ordinance No. 24-13, the proposed ordinance codifies the existing practice of the Finance Department, levying a penalty and interest of 10% on delinquent personal property taxes. Mayor Kochuba clarified there was no increase in the interest rate. There were no additional comments or discussions by staff or Council. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Regular Meeting Minutes July 9, 2024 Page 7 Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS E. AN ORDINANCE NO 24-17 (First Reading) Amending § 51-72 of Chapter 51, Personnel Policies and Grievance Procedure, of the Colonial Heights City Code, to allow an employee to indirectly supervise a relative who is also an employee. A motion was made by Mr. Frenier, seconded by Mr. Piotrowski, to approve Ordinance No. 24-17. Mr. Smith advised of the revision changing the current language of “direct” to “indirect” with Mr. Fisher noting the proposed change is more along the line of that used by other localities. Mr. Wood stated this change was of concern to him given the effect the change may have on employee morale. Dr. Poe echoed Mr. Fisher’s comments; however, she does understand Mr. Wood’s concerns that there may be morale issues but stated she was in support of the change. Vote: 6-1 Yes: Frenier Luck Piotrowski Poe Wade Kochuba No: Wood Absent: None Abstained: None Motion: UNANIMOUS PASS F. AN ORDINANCE NO 24-18 (First Reading) Amending § 238-4 of Chapter 238, Sewers and Sewage Disposal, and §§ 277-4 and 277-8 of Chapter 277, Water, of the Colonial Heights City Code, to comply with state law by Regular Meeting Minutes July 9, 2024 Page 8 enacting a policy that concerns the disconnection of water and sewer service for nonpayment of bills. A motion was made by Vice-Mayor Wade, seconded by Dr. Poe, to approve Ordinance No. 24-18. Mr. Fisher advised that this ordinance includes provisions that the Virginia General Assembly has mandated, which make significant changes to City policies toward customers. Mr. Fisher stated that the changes include the following:  A customer cannot be disconnected from service during certain weather conditions.  A customer cannot be disconnected for non-payment of bills on Fridays, weekends, state holidays or the day before a state holiday.  No residential customer may have his service terminated due to non- payment of bills until it is 45 days past due. Mr. Fisher stated that the changes would greatly affect the City's current practices regarding disconnections, given the City’s current financial system, and added that they will also be applied to commercial accounts. Dr. Poe stated that she may not understand the changes; however, “they are what they are.” Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS G. AN ORDINANCE NO 24-19 (First Reading) To adopt a revised General pay Plan Class and Salary Range that removes Permit Technician from part-time classification and includes the position as full-time under Grade 14; and adds the new position of Assistant City Manager as an Unclassified Position. Regular Meeting Minutes July 9, 2024 Page 9 A motion was made by Vice-Mayor Wade, seconded by Mrs. Luck, to approve Ordinance No. 24-19. Mr. Smith recalled Council’s previous discussion and determination to move forward with the actions as presented in the proposed ordinance. There were no additional comments or discussion by Council. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS H. AN ORDINANCE NO 24-FIN-14 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by appropriating $38,400, consisting of: 1) $8,000 in state funds from the Department of Criminal Justice Services to Intergovernmental Revenues and to Public Safety for the reimbursement of Temporary Detention Order/Emergency Custody Order personnel costs; and 2) $30,400 from the Virginia Opioid Abatement Authority to Intergovernmental Revenues and Human Services to support the Mobile Outreach Cooperative Partnership. Also amending the General Fund Budget for the fiscal year beginning July 1, 2023 and ending June 30, 2024, by transferring $196,500 from Nondepartmental to Judicial Administration for additional incarceration costs. To amend the Water and Sewer Fund Budget by appropriating $16,500 from Fund Balance to Water and Sewer Nonoperating Revenue and to Wastewater Treatment to cover additional operating costs. Regular Meeting Minutes July 9, 2024 Page 10 A motion was made by Vice-Mayor Wade, seconded by Dr. Poe, to approve Ordinance No. 24-FIN-14. Mr. Smith provided clarifying comments specific to the opioid abatement funds, water and sewer funds, and judicial Administration costs. Mrs. Sadler addressed Mr. Wood’s comments by advising that projections are made relative to the yearly anticipated costs; however, incarcerations have increased, driving up the actual costs. There being no further questions, 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 I. A RESOLUTION NO 24-28 Approving the City’s participation in the proposed settlement of opioid-related claims against Kroger and its related corporate entities and directing the City Attorney to execute the documents necessary to effectuate the City’s participation in the settlement. Mr. Fisher explained that the City was eligible to participate in a multi-state opioid settlement involving the retail pharmacy chain Kroger and its related corporate entities. The proposed resolution would approve the City’s participation in the settlement; and directed the City Attorney to execute the necessary documents to allow the City’s participation. Mr. Fisher further advised that currently it is unknown how much money the City will receive from participating in the settlement. There being no additional comment, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Luck Regular Meeting Minutes July 9, 2024 Page 11 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. Community Safety and Crime Trends: an Evaluation of the Measures Taken to Ensure a Safe Community Mr. Smith advised that the information presented was at the request of Dr. Poe, after which time, he relinquished the floor to Dr. Poe. With the assistance of Chief Anspach and Major Ruxer, Dr. Poe presented information that included crime and arrest statistics and past and current staffing numbers to justify the need for additional police personnel. To view the entire presentation, please visit the below link: https://www.colonialheightsva.gov/ArchiveCenter/ViewFile/Item/2664 Chief Anspach addressed questions relative to the decline in arrests from 2014 to 2022, stating that although the numbers reflect a decline, the procedures by which each offence must be handled have increased the time it takes to address and process the incident; therefore, detaining the officer from his duty. Chief Anspach stated that although narcotics arrests were declining, weapons arrests were increasing, with over 50 arrests for weapons violations made this year. Continuing, Chief Anspach noted that although arrests had decreased, the number of overdoses had increased, and fatalities associated with overdoses passed those from the previous year. Regular Meeting Minutes July 9, 2024 Page 12 Moving forward, Chief Anspach advised that the department implement several approaches to address the negative changes, including, but not limited to, the creation of a Crime Scene Analyst and the hiring of an additional detective. Additionally, the department signed an MOU with the Attorney General’s Office to combat human trafficking and another to combat crimes against the City’s senior population. Dr. Poe stated that, from the information presented, she observed a significant number of hours spent on TDO/ECO, causing fewer officers to be on the street, the severity of crimes increased, and due to staffing, there is no longer a special operations unit to focus on drugs. Continuing, Ms. Sadler addressed Dr. Poe’s question relative to the allocation of Virginia 599 funds stating that the allocation is based upon the budget and are not designated for specific purposes; however, designated only for the Police Department. Chief Anspach addressed specific questions related to TDO/ECO situations and explained that the department was bound by the mandates set forth by the General Assembly. Mr. Fisher also provided remarks supporting Chief Anspach’s comments relative to TDO/ECO requirements being mandated by the General Assembly. Dr. Poe stated her reason for addressing the Step Plan was the implementation of the plan to make salaries and wages competitive; however, it would have been more beneficial for all Public Safety employees to have been general employees rather than being on the Public Safety Step Plan because many of them received less than 2%, and all other employees received 3%. Dr. Poe stated this was not the intention upon creation of the Step Plan. Dr. Poe requested a review of the plan with revisions. Addressing Dr. Poe’s comments, Mayor Kochuba stated that the Step Plan could be discussed in a future work session with Mr. Smith stating that any additional costs associated with the discussion would have to be accompanied by a revenue source. Mayor Kochuba added that he did not disagree with Dr. Poe’s comments; however, there was time at the Retreat and time during the budget discussions for this request to have been made. Mayor Kochuba and Dr. Poe made additional comments about the timing of the request for additional police officers and the review of the step plan. Dr. Poe stated she felt the Council needed to show support for community safety. She also felt there would never be an optimal time to talk about problems, and when they are identified, they should be addressed. Additionally, Dr. Poe stated there had been proposals for new police officers, with Mr. Smith adding that such proposals come before him, and he will make further recommendations to the Council. Regular Meeting Minutes July 9, 2024 Page 13 After additional comments and discussion by Council, it was the consensus of Council to further discuss the Public Safety Pay plan at the July 16, 2024 work session. 2. General Activity Report Mr. Smith provided the following information:  Approval of the City’s federal funding request for waterline improvements with funding in the amount of $1.1 million to be presented by Congresswoman Jennifer McClellen at a formal ceremony later in the month.  The Public Works Pavement Preservation project is now completed.  A public notice was posted today advising closure extensions at the Boulevard CSX railroad overpass. Mr. Smith reported no change in the request for CSX to paint the overpass. Should the City decide to do the work themselves, it would cost between $5,000 and $7,000 and include the removal of lead-based paint.  Information has been provided to Delegate Mike Cherry’s office relative to the VDOT roundabout improvements, with further discussion and updates to be given at the July work session.  Mr. Flippen provided updates relative to emergency sewer repairs on Roanoke Avenue, Stewart Avenue, and Old Towne Drive.  Dates of interest to include the upcoming work session, National Night Out, and the Youth and Human Services lemonade stand fundraiser. 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) the implementation of a new financial system; and 2) turnover in critical staff related to the completion of the audit, specifically the Director of Finance. Regular Meeting Minutes July 9, 2024 Page 14 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 July 31, 2024. B. City Attorney Mr. Fisher reported that the case between Dr. Sroufe, former School Superintendent, and Channel 6 News, had been settled. C. Director of Planning and Community Development Mr. Carter had nothing to report. 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 9:04 P.M. APPROVED: ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk