City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, August 13, 2024 1. Call to Order The Regular Meeting of City Council was called to order by Mayor Kochuba at 7:06 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 Mr. Piotrowski. 4. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Kochuba. 5. Adoption of Agenda A motion was made Vice-Mayor Wade, seconded by Mr. Piotrowski, to approve the agenda as presented. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Regular Meeting Minutes August 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. Recognition of the Spring 2024 Yard of the Season Contest Winners. Mr. Joseph Carter announced the winners of the contest, presenting each district winner with a $50 gift card from Ace Hardware and a Yard-of-the-Season yard sign to be displayed in their yard. Mayor Kochuba also presented each district winner with a certificate. District 2 – Barbara Gugliatta District 3 – Carly Westbrook and Charles Daugharthy District 5 – Louise and Charles Burfoot B. Office on Youth Summer Leadership Program/Fundraiser Update and Donation Presentation to the James House Both Ms. Becca Lynch and Mr. Christian Velez-Ortiz provided comments relative to the Youth Leadership Program and Lemonade Stand Fundraiser. Mr. Velez- Ortiz described the project and activities that the 11-youth participated in and thanked those who supported the Lemonade Stand fundraiser with all proceeds going to the James House. After the presentation, Ms. Lynch and Mr. Valez-Ortiz presented Genavive Lohr, of the James House, a check in the amount of $551.81. 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 Regular Meeting Minutes August 13, 2024 Page 3 There were none. 10. Advertised Public Hearings 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. Before a motion, Mr. Fisher advised of two amendments to the proposed ordinance, requesting that Council adopt the amendments before the Public Hearing. He explained that one amendment replaced the language at the very end of Paragraph C with “as specified by applicable law”. Mr. Fisher elaborated on the reason for recommending this amendment. Mr. Fisher added that the second amendment to Ordinance No. 24-13 is the addition of Paragraph E. This new paragraph states that the provisions of this amended section are retroactive to the date that Section 258-13 was put in the City Code. Continuing, Mr. Fisher provided clarifying and supporting comments relative to the two amendments. A motion was made by Vice-Mayor Wade, seconded by Dr. Poe, to approve the two amendments, as presented by Mr. Fisher, to Ordinance No. 24-13. Before Council voted on the amendments, Mr. Fisher said that the ordinance, as amended, basically clarifies the existing and long-standing City practice of levying a penalty of 10% and interest rate of 10% on delinquent real estate taxes. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS A motion was made by Mrs. Luck, seconded by Dr. Poe, to approve Ordinance No. 24-13, as amended. Regular Meeting Minutes August 13, 2024 Page 4 Mr. Fisher advised that the approved amendments are declarative of existing practices, as the City has been levying a penalty and interest rate of 10% on delinquent real estate taxes. The mayor opened the Public Hearing for comments from the public. No comments were received from the public, and the council did not further discuss or comment. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS B. AN ORDINANCE NO 24-16 (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. A motion was made by Vice-Mayor Wade, seconded by Dr. Poe, to approve ordinance No. 24-16. Mr. Fisher again provided comments advising that this ordinance applied to delinquent personal property taxes rather than real property taxes; however, the same two amendments approved for Ordinance No. 24-13 are proposed for this ordinance. Mr. Fisher asked that Council adopt the two amendments to the proposed ordinance, requesting that Council adopt the amendments before the Public Hearing. Mr. Fisher provided clarifying comments relative to the two amendments. Mayor Kochuba noted that the motion that Vice-Mayor Wade made was premature, so Mr. Wood made a motion, seconded by Dr. Poe, that the amendments, suggested by Mr. Fisher be incorporated into proposed Ordinance No. 24-16. Vote: 7-0 Regular Meeting Minutes August 13, 2024 Page 5 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS A motion was made by Vice-Mayor Wade, seconded by Mr. Piotrowski, to approve Ordinance No. 24-16, as amended. The mayor opened the public hearing for comments from the public. No comments were received from the public, and the council did not further discuss or comment. Vote: 7-0 Yes: Frenier Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS C. AN ORDINANCE NO 24-18 (Second Reading) Amending § 238-4, 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 enacting a policy that concerns the disconnection of water and sewer service for nonpayment of bills. A motion was made by Mr. Piotrowski, seconded by Dr. Poe, to approve Ordinance No. 24-18. Mr. Fisher advised the Council that the proposed ordinance was drafted due to legislative changes by the 2024 General Assembly mandating that no locality with Regular Meeting Minutes August 13, 2024 Page 6 a water and sewer utility can disconnect residential water or sewer service when the forecasted temperature will be at or above 92°F within 24 hours following the scheduled disconnection. Mr. Fisher provided additional changes mandated relative to the disconnection of residential water or sewer services. Mr. Fisher further advised that the State legislation applies these requirements only to residential customers; however, the ordinance makes it effective for both residential and commercial customers because the City’s accounting system does not distinguish between them. If, in the future, the two can be separated, staff will do so, with only residential customers being affected. Mr. Fisher advised that the ordinance incorporates into the City Code the State mandated disconnection policy. Mayor Kochuba opened the floor for public comment; however, there was none. Addressing Mr. Wood’s comments, Mr. Fisher clarified the 45-day disconnection policy. Council members made additional comments relative to the mandates and the difficulties they pose to City collections and staff. There being no further comments or 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 11. Hearing of Citizens and Council Members Generally on Non-Agenda Items Matthew Felker, 106 Greenmeadow Drive - Mr. Felker expressed his concern about the tall grass in areas of the City, particularly along Conduit Road. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda Regular Meeting Minutes August 13, 2024 Page 7 A. 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. B. June 11, 2024 Regular 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 Luck Piotrowski Poe Wood Wade Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions Regular Meeting Minutes August 13, 2024 Page 8 A. AN ORDINANCE NO. 24-FIN-15 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2024 and ending June30, 2025, by appropriating $266,909, consisting of: 1) $7,704 in state grant funds from the Department of Criminal Justice Services to Intergovernmental Revenues and to Judicial Administration for Victim W itness salaries; 2) $32,586 in state grant funds from the Department of Criminal Justice Services to Intergovernmental Revenues and to Public Safety for operating expenses associated with the Police Department; 3) $49,500 in state grant funds from the Department of Criminal Justice Services to Intergovernmental Revenues and to Public Safety for the purchase of police equipment; 4) $74,208 in state grant funds from the Department of Criminal Justice Services to Intergovernmental Revenues and to Public Safety for the purchase of police equipment; 5) $77,500 in federal grants from the Department of Homeland Security consisting of: a) $73,810 to Intergovernmental Revenues and to Public Safety for the purchase of fire equipment, and b) $3,690 in local matching funds to Miscellaneous and to Public Safety for the purchase of fire equipment; 6) $557 in donations to Miscellaneous and to Human Services to be donated to James House; 7) $18,000 in Restricted Fund Balance to Miscellaneous and to Public Safety for the purchase of equipment and supplies; 8) $73,085 in Restricted Fund Balance to Miscellaneous and to Public Safety for the FEMA Flood Mitigation Assistance Grant Program; 9)$165,000 from Unassigned Fund Balance to Miscellaneous and to Debt Service & Transfers Out for emergency sewer repairs; and 10) a reduction of $231,231 from Miscellaneous and Debt Service & Transfers Out for the reallocation of funding related to the purchase of fire apparatus. Also amending the General Fund Budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025, by transferring $54,750, consisting of: 1) $17,250 from Other Local Taxes to Intergovernmental Revenues to appropriate funds from the Department of Conservation and Recreation for costs associated with the Pocahontas State Park Youth Conservation Corp Program, 2) $12,500 from Other Local Taxes to Intergovernmental Revenues to appropriate funds from the Virginia State Police for costs associated with the investigation and/or prevention of motor vehicle theft; and 3) $25,000 from Nondepartmental to General and Financial Administration for contracted legal counsel. To amend the Capital Projects Fund Budget Miscellaneous Regular Meeting Minutes August 13, 2024 Page 9 Revenue by transferring $231,231 from Transfers from the General Fund to Note Proceeds in order to change the funding source for the 50% down payment for purchase of a medic unit. To amend the W ater and Sewer Fund by transferring $165,000 from the General Fund Budget to Water and Sewer Budget’s Nonoperating Revenue and to w astewater treatment for emergency sewer repairs. A motion was made by Dr. Poe, seconded by Mr. Mr. Frenier, to approve Ordinance No. 24-FIN-15. At the request of Mr. Smith, Mrs. Sadler provided comments relative to each part of the proposed ordinance beginning with amendments to the General Fund and interfund amendments, addressing any questions from Council. At the end of the presentation, Mayor Kochuba thanked the Police and Fire staff for their efforts to submit, and ultimately be awarded, several grants as described in the proposed ordinance. There being no additional questions or 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 B. A RESOLUTION NO 24-29 Approving the City’s application for a grant from The Cameron Foundation for funds to partially offset the cost to purchase a van for the Community Center for senior transportation Services. A motion was made by Vice-Mayor Wade, seconded by Mr. Piotrowski, to approve Resolution No. 24-29. Regular Meeting Minutes August 13, 2024 Page 10 Mr. Smith provided comments supporting the acceptance of a grant from The Cameron Foundation and to provide matching funds for the remainder of the cost of a van for the Senior Center. Mr. Smith advised the grant had not been awarded; however, was in the fall cycle for consideration. Mr. Smith advised that the matching funds would be taken from Fund Balance reserved for vehicles or funds received through donations to the van account. Addressing Mayor Kochuba’s question about the van's cost, Mr. Spruill advised that the total cost was approximately $90K, with the City’s match of approximately $50K. Mr. Spruill stated that he had spoken with representatives from The Cameron Foundation last week and hoped to hear from them again in mid-September regarding the awarding of the grant with funds available in October. There was additional discussion relative to the poor condition of the Senior Center vans and the importance of having dependable transportation. Before the vote, Mayor Kochuba congratulated Mr. Spruill on his appointment as the new Director of Recreation and Parks. 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 Regular Meeting Minutes August 13, 2024 Page 11 1. Tyler Munis Update Mrs. Sadler commented on the upgrade to the Tyler Munis System and the necessary conversion to a cloud-supported system. Ms. Sadler advised that the current system, implemented in 2019, is no longer supported and staff will prepare to move to the cloud-supported system. There will be a $149,000 maintenance and conversion cost; however, staff was able to negotiate cost savings with training being offered at no cost. The total migration time will be 90 days, with a target completion date of December 31, 2024. The implementation will be provided virtually by Tyler personnel. At the conclusion of Mrs. Sadler’s presentation, Mr. Fisher advised his office has reviewed the contract and made several changes. 2. General Activity Report  Mr. Smith thanked staff, specifically recognizing the Police and Fire Departments and the Office on Youth, for their efforts supporting the National Night Out activities.  Mr. Smith formally recognized Matt Spruill in his new role as Director of Public Works.  Mr. Smith recognized Todd Flippen, Director of Public Works, for attending and participating in the Weldon Cooper Senior Executive Institute in Charlottesville, VA.  Mr. Smith advised of a community survey developed to obtain community input to best utilize opioid grant funds.  Mr. Smith provided the upcoming dates of interest. 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 Regular Meeting Minutes August 13, 2024 Page 12 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 August 30, 2024. Mr. Smith stated that the auditors had a draft audit statement, and that the audit was anticipated to be completed by the end of the month. Mrs. Luck initiated a conversation about the ongoing efforts between the City and VDOT regarding the pond. Mr. Flippen advised that staff met with representatives from the Richmond District inquiring about several issues; however, VDOT will need to further review and approve permits before moving forward. Mr. Wood provided comments relative to the previous meeting with VDOT staff concerning the Fall Line Trail. Mr. Flippen advised that no decisions had been made since the meeting and that the right-of-way acquisition phase had not begun and after such time, Council and staff would have the opportunity to express any concerns. B. City Attorney Mr. Fisher reported on the following:  The Go Car Wash project can proceed after the property owner agreed to a surety agreement the City mandated.  Two conflicting opinions have been rendered by the Norfolk Circuit Court stating that: 1) a warrant must be obtained to use evidence obtained by a FLOCK camera, and 2) a warrant was not needed to use such evidence at trial.  E. Alvin Small Funeral Home has agreed to the City’s terms relative to the Boulevard and Temple Avenue Intersection Improvement Project and the easements the City needs. C. Director of Planning and Community Development Mr. Carter reported the Planning Commission met on Wednesday, August 8, 2024, and is scheduled to meet again on Wednesday, September 4, 2024, for their next regular meeting. At the August meeting, the Planning Commission reviewed and voted to approve PC Resolution No. 24-03 recommending Council’s approval of a special use permit to allow a temporary warehousing and distribution use at 114 Southpark Circle (former Sears department store). 16. Adjournment Regular Meeting Minutes August 13, 2024 Page 13 There being no further business, Dr. Poe made a motion, seconded by Vice-Mayor Wade, 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