City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, September 10, 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 Councilman John E. Piotrowski Councilwoman Dr. Laura F. Poe Councilman John T. Wood Vice-Mayor Robert W. Wade Mayor T. Gregory Kochuba Absent: Councilwoman Elizabeth G. Luck 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 Dr. Poe. 4. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Kochuba. 5. Adoption of Agenda A motion was made Dr. Poe, seconded by Mr. Piotrowski, to approve the agenda as presented. Vote: 6-0 Yes: Frenier Piotrowski Poe Wood Regular Meeting Minutes September 10, 2024 Page 2 Wade Kochuba No: None Absent: Luck 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. A PROCLAMATION Designating the month of September 2024 as Suicide Awareness and Prevention Month in the City of Colonial Heights, Virginia. B. Recognizing Deputy Fire Chief David Kissner for his years of dedicated service to the Colonial Heights Fire Department and Citizens of the City of Colonial Heights. 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 Randolph Thomas, 118 Lexington Drive – Mr. Thomas spoke on behalf of several of his elderly neighbors regarding the current condition of city roads, curb and gutter, handicap accessibility for fishing at Lakeview and Appomattox Park, litter along the river, and lighting and sidewalks along Conduit Road. Regular Meeting Minutes September 10, 2024 Page 3 Andrew Felker, 106 Spring Meadow Drive – Mr. Felker spoke to specific incidents related to his encounter with Colonial Heights Police and the enforcement or non- enforcement of specific issues he deems should be violations. Erin and Michael Bridges, 102 Stratford Drive—Mr. and Mrs. Bridges requested that Council reconsider the ruling not to allow chickens in the City. After discussion, the Council agreed to further discuss the Bridges’ request at an upcoming work session. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda A. AN ORDINANCE NO. 24-FIN-15 (Second Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2024 and ending June 30, 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 Regular Meeting Minutes September 10, 2024 Page 4 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 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. B. June 18, 2024 Special Meeting Minutes C. July 9, 2024 Regular Meeting Minutes D. August 13, 2024 Special Meeting Minutes E. August 13, 2024 Regular Meeting Minutes A motion was made by Mr. Piotrowski, seconded by Dr. Poe, to approve the Consent Agena as presented. Vote: 6-0 Yes: Frenier Piotrowski Poe Wood Wade Kochuba No: None Absent: Luck Abstained: None Regular Meeting Minutes September 10, 2024 Page 5 Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions A. AN ORDINANCE NO 24-FIN-16 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025, by appropriating $7,748 in state funds from the Department of Criminal Justice Services to Intergovernmental Revenues and to Public Safety ($7,527) and Judicial Administration ($221) for reimbursement of Temporary Detention Order/Emergency Custody Order personnel Costs. To amend the Capital Projects Fund by appropriating $1,211,746, consisting of $1,111,746 from the Virginia Department of Transportation to Intergovernmental Revenue and to SGR Boulevard Paving; and $100,000 from Miscellaneous (unallocated bond funds) to the City Facilities Security Upgrades project. A motion was made by Dr. Poe, seconded by Mr. Piotrowski, to approve Ordinance No. 24-FIN-16. Mr. Smith provided clarifying comments supporting the amendments as presented in the ordinance, specifically thanking Mr. Flippen for his department’s efforts relative to the Capital Projects Fund amendment. Addressing Mr. Piotrowski’s question relative to the paving of the bricked section at the Martin Luther King Bridge, Mr. Flippen advised the paving will be done in phases; however, the bricked portion will be completed in the second phase. Vote: 6-0 Yes: Frenier Piotrowski Poe Wood Wade Kochuba No: None Absent: Luck Motion: UNANIMOUS PASS Regular Meeting Minutes September 10, 2024 Page 6 B. AN ORDINANCE NO 24-20 (First Reading) To grant a special use permit with conditions to Dick’s Sporting Goods, Inc. to allow temporary warehousing and distribution use of 113,545 square feet at property located at 114 Southpark Circle, also known as parcel identification number 68204700013. A motion was made by Vice-Mayor Wade, seconded by Dr. Poe, to approve Ordinance No. 24-20. Mr. Aaron Bond, Assistant Director of Planning and Community Development, made a presentation which was previously made to the Planning Commission, which unanimously supported the request. Mr. Bond advised that the use will be for storage and limited shipping/fulfillment of fixtures from Dick’s Sporting Goods stores and facilities. Vice-Mayor Wade, who serves as Council representative on the Planning Commission, provided additional comments supporting the Planning Commission’s approval of the request. Addressing Mayor Kochuba’s question, Mr. Bond advised that should the Sears building be purchased, the sale could not be completed until the end of the lease with Dick’s Sporting Goods. Vote: 6-0 Yes: Frenier Piotrowski Poe Wood Wade Kochuba No: None Absent: Luck 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 September 10, 2024 Page 7 1. General Activity Report  Mr. Smith provided the following updates relative to Violet Bank: o Submission of an application for a state-funded grant for restoration. o Restoration architects will be on-site later in the month as part of the bid preparation process for Phase II. o The handicap ramp has been installed on the back porch.  Mr. Smith commended Mr. Spruill and his staff for the success of the Back-to-School Festival, reporting that there were over 700 attendees and that over 300 bookbags were distributed.  Mr. Smith advised that the pavement preservation work associated with the upcoming paving project would include areas in the Shepherd Stadium neighborhood, Hamilton Avenue, and a section of Conduit Road. Staff will be working around the Tussing School schedule to address drainage issues on Conduit Road near the school.  At the request of Mr. Smith, Mr. Flippen provided an update relative to the status of the downed ornamental streetlights and staff’s preparation and schedule to install the damaged light fixtures; this includes foundation work as well. Mr. Flippen also provided updates regarding light outages along Temple Avenue at the roundabout, advising those lights have been replaced.  Mr. Smith advised that the September 17, 2024 work session will begin at 6:00 PM.  Early voting will begin September 20, and voting will be held in the Council Chambers. 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 Regular Meeting Minutes September 10, 2024 Page 8 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 September 16, 2024. Mr. Smith advised that the audit would be completed September 16, advising staff was very close and requested Mrs. Sadler to provide additional comments. Mrs. Sadler advised that staff had submitted their final documentation, including the transmittal letter and the management discussion and analysis for review. The draft audit is currently under peer review with Brown Edwards. Staff has only a few questions to address. Mayor Kochuba requested updates to the Audit Committee once the audit was completed. B. City Attorney Mr. Fisher advised that his office has received a large claim from a contractor for the Lakeview Avenue Improvement Project for approximately $162,000 due to the contractor having to remove large amounts of rock encountered during the project. The claim amount is attributable to what the contractor had to pay the subcontractors to remove the rock, and what the City assessed in the way of liquidated damages for delay in the project. The City has not responded to the claim; however, it will be doing so. Additionally, Jireh Construction, the main contractor on the Westover Avenue Improvement Project, has submitted a smaller claim of $13,000, attributable to the liquidated damages that the City assessed due to the project's delay. C. Director of Planning and Community Development Mr. Carter provided information on the following:  A Proclamation recognizing October as Community Planning Month will be presented to Council at the October 15 Regular Council Meeting.  Planning staff has been working on the Community Assessment survey which will be presented to Council for consideration at the September 17 work session.  CDBG funding for the CDBG Home Repair Program has decreased from the previous year; however, Planning staff is working through the list to prioritize those with the greatest need. 16. Adjournment Regular Meeting Minutes September 10, 2024 Page 9 There being no further business, Vice-Mayor Wade made a motion, seconded by Dr. Poe, and carried unanimously on voice vote to adjourn the meeting. The meeting was adjourned at 8:21 P.M. APPROVED: ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk