City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Special Meeting of City Council Tuesday, July 16, 2024 1. Call to Order. The Special Meeting of City Council was called to order by Mayor Kochuba at 5:30 P.M. 2. Roll Call. 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 late) Also Present: Mr. Douglas E. Smith, City Manager Mr. Hugh P. Fisher, III, City Attorney Mrs. Pamela B. Wallace, City Clerk 3. Declarations of Personal Interest A Declaration of Personal Interest was read by Dr. Poe and filed with the Clerk. The Clerk announced the purpose of the closed meeting. 4. Closed meeting pursuant to the Code of Virginia in accordance with the following provisions:  Paragraph A.3 of Section 2.2-3711, to discuss or consider the disposition of an industrially-zoned 19.83-acre parcel of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of a public body.  Paragraph A.7 of Section 2.2-3711, to consult with legal counsel and be briefed by staff members pertaining to both actual and probable litigation concerning the levying of penalties and interest on unpaid taxes, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. A motion to convene in a closed meeting was made by Mayor Kochuba, seconded by Mrs. Luck. Vote: 7-0 Yes: Frenier Luck Piotrowski Special Meeting Minutes July 16, 2024 Page 2 Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion UNANIMOUS PASS 5. Vote to come back into open meeting. A motion to reconvene in open session was made Mayor Kochuba, seconded by Vice-Mayor Wade, and carried unanimously on roll call vote at 7:07 P.M. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion UNANIMOUS PASS As stated by the Clerk, the Council was in a closed meeting pursuant to the Code of Virginia in accordance with the following provisions:  Paragraph A.3 of Section 2.2-3711, to discuss or consider the disposition of an industrially zoned 19.83-acre parcel of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of a public body.  Paragraph A.7 of Section 2.2-3711, to consult with legal counsel and be briefed by staff members pertaining to both actual and probable litigation concerning the levying of penalties and interest on unpaid taxes, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. Consideration of the following certification: Special Meeting Minutes July 16, 2024 Page 3 Each member will now certify that to the best of the member’s knowledge (i) only public business matters lawfully exempted from open meeting requirements of the act and (ii) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed, or considered in the meeting by the public body. Any member who believes there was a departure from the requirements of clauses (i) and (ii), shall so state prior to the vote, indicating the substance of the departure that, in his judgment, has taken place. Council members approved this certification, without any stating departure from the requirements of clauses (i) and (ii), by the following roll call vote: Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion UNANIMOUS PASS 6. Reading of Manner of Addressing Council. Mr. Fisher read the Manner of Addressing Council. 7. Advertised Public Hearings: Before the Public Hearings, Mr. Fisher requested that items 7.A. and 7.D. (Ordinance Nos. 24-13 and 24-16, respectively) be removed from the agenda and be considered at the August 13, 2024 Regular Meeting. Mr. Fisher advised there had been some recent developments subsequent to the two ordinances being placed on the agenda. A motion was made by Mayor Kochuba, seconded by Dr. Poe, to remove Ordinance No. 24- 13 and Ordinance No. 24-16 from the agenda to be discussed and considered at the August 13, 2024 Regular Meeting. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Special Meeting Minutes July 16, 2024 Page 4 Wood Wade Kochuba No: None Absent: None Abstained: None Motion UNANIMOUS PASS A. AN ORDINANCE NO 24-13 (Second 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. This item was removed from the agenda, to be discussed and considered at the August 13, 2024 Regular Meeting. B. AN ORDINANCE NO 24-14 (Second Reading) Amending §§ 98-23 and 98024 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. Frenier, seconded by Vice-Mayor Wade, to approve Ordinance No. 24-14. Mr. Fisher advised that the proposed ordinance removes the 1, 2, and 3-year licenses and initiates a life-time license for dogs and cats. This action is supported by the Billing and Collections staff. Public Comment – No members of the public spoke in response to the Mayor’s invitation for public comment. Council Comment: Mr. Wood stated he felt there should be a greater difference in fees for altered and unaltered animals; suggesting that the fee for an unaltered animal should be higher than what the ordinance provided. Addressing Mr. Wood’s comments, Mr. Fisher suggested that Council approve the ordinance as presented and make any changes at a later date. There being no additional comments, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Frenier Luck Special Meeting Minutes July 16, 2024 Page 5 Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion UNANIMOUS PASS C. AN ORDINANCE NO 24-15 (Second Reading) Amending § 51-58 of Chapter 51, Personnel Policies and Grievance Procedure, of the Colonial Heights City Code, relating to military leave, to comply with Code of Virginia Requirements. A motion was made by Vice-Mayor Wade, seconded by Mrs. Luck, to approve Ordinance No. 24-15. Mr. Fisher advised that most of the substrative changes to be made, due to recent state legislation, will be in the City’s Military Leave Policy rather than in the City Code; however, there must be a provision in the City Code referencing those sections of the Code of Virginia which the City must follow. Additionally, the entities specified in the City Code for which a City employee can serve and earn military leave must be expanded. There were no comments from the public in response to the Mayor’s invitation for public comment. 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 Special Meeting Minutes July 16, 2024 Page 6 (Second 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. This item was removed from the agenda, to be discussed and considered at the August 13, 2024 Regular Meeting. E. AN ORDINANCE NO 24-17 (Second 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 Vice-Mayor Wade, seconded by Mr. Piotrowski, to approve Ordinance No. 24-17. Mr. Fisher provided additional comments to further explain the proposed ordinance; specifically noting the removal of “indirect” and replacing it with “direct” as it relates to the supervision of family members. There were no comments from the public in response to the Mayor’s invitation for public comment. Vote: 6-1 Yes: Frenier Luck Piotrowski Poe Wade Kochuba No: Wood Absent: None Abstained: None Motion PASS 8. A Work Session on the Following Items: A. Fall Line Trail Update At the request of Mr. Smith, Mr. Flippen provided comments relative to the proposed Fall Line Trail through the city of Colonial Heights. Mr. Flippen advised that VDOT was prepared to release the RFPs in September. Mr. Flippen shared maps of the trail, which depicted the areas of the City that would be impacted by the trail, advising of a bridge of significant height along the northern end of the trail. Special Meeting Minutes July 16, 2024 Page 7 After Mr. Flippen’s comments, Mr. Roy Soto, VDOT’s project engineer for the trail project, provided comments about VDOT’s involvement. Mr. Soto’s presentation included maps showing the areas impacted by the proposed trail route, from Petersburg/VSU to Plumtree Avenue, and continuing to the City limits at Lakeview Park. Mr. Soto addressed questions relative to the trail's maintenance responsibility and safety issues along the trail route. There was much discussion regarding buffering and fencing and/or screening as a privacy measure for properties located extremely close to the proposed trail route. Mayor Kochuba stated it would be hard for VDOT to gain the complete support of the Council unless safety and buffer concerns were addressed. After continued discussion by Council and comments from Mr. Soto, Mr. Soto advised his presentation was just one part of the process and was not the final discussion; and that the right-of-way phase will be a more appropriate time for Council to present their concerns. In closing, Mr. Smith stated there was nothing required of Council at the present time. B. Temple Avenue Improvement Project Updates Mr. Flippen provided updates advising that the permit for the proposed improvements had not been received and additional soil samples were needed. Mr. Flippen advised that a representative from VDOT’s Chesterfield Residency suggested that all parties get together to discuss the request and any concerns. Mr. Flippen also advised that in an effort to expedite the process, the information had been forwarded to Delegate Mike Cherry’s office, as he had requested. Vice-Mayor Wade expressed his displeasure with the delay in the process and requested to be present at the meeting with the VDOT Chesterfield Residency representative(s). Concluding, Mr. Flippen provided pictures of various fountains for possible use in the pond. There was no definitive decision made. C. Public Safety Compensation Discussion Mr. Smith recalled Council’s previous discussion relative to the Public Safety Pay Plan and provided the following information in a presentation:  History of the development and purpose of the Public Safety Step Plan (FY22-23)  Career Development for Police and Fire was changed from 3%, 6%, and 9% to a flat dollar amount increases of $1,600, $3,200, and $4,800.  The average increase: 10.5% o A range of approximately 4% to 28% o Approximate salary/benefit cost for the departments of $863,000. Note: General employees increase for FY22-23 – 5%  Added career development program for Communications Officers ($1,200, $2,400, and $3,600) FY23-24 Special Meeting Minutes July 16, 2024 Page 8  Increased Police Officer and Firefighter pay significantly  Changed Police positions on an 84-hour pay rate to an 80-hour pay rate  Eligible employees to move forward one step  The average increase: 8.78% o A range of 2% to approximately 13.5% (plus one additional adjustment) o Approximate salary/benefit cost for the departments of $733,000 Note: General employees increase for FY 23-24 - 5%  Public Safety Step Plan FY 24-25 increased pay grades by 1%  The eligible employee moves forward one step  Approximately 92% received 3+% (with career development removed)  Approximate salary/benefit cost: $265,000 Note: General Employees Increase for FY24-25 – 3% Moving forward, Mr. Smith recommended the following:  Review incoming revenue during the first part of the fiscal year.  Review possible additional employee compensation for Public Safety and General Employees.  Staff will make their recommendation to Council around mid-year. At the conclusion of his presentation, Mr. Smith addressed questions from Council members and provided additional information to clarify some of the numbers provided in his presentation and the overall percentage of additional compensation awarded to Public Safety personnel over the past three years since the inception of the Public Safety Step Plan. Although Council members understand the need for increases in public safety, Vice-Mayor Wade expressed his concern about the fairness of compensation for all employees and not specific departments. Additionally, Vice-Mayor Wade questioned where continued funding would come from and whether it would come from other department budges or services to accommodate Step Plan increases. Mayor Kochuba interjected, recalling Mr. Smith’s recommendation to revisit “mid-year” to evaluate if such increases could be made, dismissing Vice-Mayor Wade’s comment relative to cuts from other departments or services. Mrs. Luck requested that the Council receive a quarterly report on department turnover and/or vacancies to establish continuity and stability within the City. She felt this would be a good indicator of the city's progression. Mr. Frenier noted the state-mandated education/certification renewal requirements for both fire and police; however, those requirements are not comparable to those of most employees, making it hard to compare them with emergency services positions. Special Meeting Minutes July 16, 2024 Page 9 Mr. Piotrowski inquired about a step plan for utility personnel, stating he felt one was in place. Mr. Smith stated there had been additional adjustments over the past two years for various maintenance employees. Although it was not a “step plan”, Mr. Smith advised that additional compensation was made to those employees. Mr. Smith said he would review and consider feasible options to support the general employees’ progress. D. City Council Retreat Follow-Up Update Due to time constraints, Mr. Smith only provided the following Retreat updates:  There is a possible lease agreement on the new location of the Health Department.  The emergency siren for Tussing Elementary has been ordered. 9. Adjournment. A motion to adjourn the Special Meeting was made by Vice-Mayor Wade, seconded by Dr. Poe, and carried unanimously on voice vote at 8:34 P.M. APPROVED: ____________________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk