City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, November 12, 2024 1. Call to Order The Regular Meeting of the City Council was called to order by Mayor Kochuba at 7:00 P.M. 2. Roll Call The following members of the 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 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 Vice-Mayor Wade. 4. Pledge of Allegiance The Pledge of Allegiance was led by Mayor T. Gregory Kochuba. 5. Adoption of Agenda A motion was made by Mr. Frenier, seconded by Dr. Poe, to approve the agenda as presented. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wade Regular Meeting Minutes November 12, 2024 Page 2 Kochuba No: None Absent: Wood 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. Introduction of Dr. Leonardo “Lenny” Caballero, Assistant City Manager. B. A PROCLAMATION Proclaiming 2024 as the “50th Anniversary of the Community Development Block Grant Program” in the City of Colonial Heights, Virginia. C. Presentation of the City’s Annual Contribution to the Chesterfield/Colonial Heights Christmas Mother, Cheri Searles. D. Richard Bland College Updates by Terrell Robinson, Associate Director of Government Relations. E. A RESOLUTION NO 24-41 Supporting Richard Bland College’s Transition to an independent governance structure. A motion was made by Mr. Piotrowski, seconded by Mrs. Luck, to approve Resolution No. 24-41. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wade Kochuba No: None Absent: Wood Abstained: None Regular Meeting Minutes November 12, 2024 Page 3 Motion: UNANIMOUS PASS F. Recognition of the awards received by the Recreation and Parks Department at the Virginia Recreation and Parks Society Annual Conference. 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 A. AN ORDINANCE NO 23-18 (First Reading) to change from Low Density Single-Family to Community Commercial the Comprehensive Plan (Master Plan) Land Use Map classification of an approximate 0.12 acre property owned by RAH Inc. which is known as 105 Norfolk Avenue, parcel identification number 41000402043, Lots 42 and 43 of Block 2 of the Chesterfield Highlands Subdivision. A motion was made by Vice-Mayor Wade, seconded by Mr. Piotrowski, to adopt Ordinance No. 23-18. At the request of Mr. Smith, Mr. Carter provided a recap of the proposed resolution, noting the issue was initially presented to the Council in August 2023 and faced significant opposition. The applicant revised the application to address concerns through changes to the Comprehensive Development Plan (CDP) and a proffer statement. Despite these revisions, the Planning Commission voted against the request again in September 2023. Mr. Carter presented details on the proposed location, including aerial images and existing exemptions, and confirmed that there were no outstanding issues related to transportation, public utilities, environmental, or historic/architectural concerns. He explained the proffers, which had been reviewed and accepted by staff, and addressed public comments. In response to Mrs. Luck’s question, Mr. Carter clarified that if the Council denied the request, the applicant could not submit the same request; however, could submit another request with changes after a year. Regular Meeting Minutes November 12, 2024 Page 4 Dean Hawkins, the applicant’s architect, reiterated many of Mr. Carter’s points and further explained the request. Discussion continued regarding proffers, particularly on gaming machines, which was ultimately deemed irrelevant since they are illegal in Virginia. At this time, Mayor Kochuba opened the floor for public comments. The following residents spoke in opposition to the proposed request: Betty Harger, 101 Biltmore Drive Wanda Freeland, 111 Norfolk Avenue Larry Fischer, 205 Norfolk Avenue Deborah Walker, 122 Norfolk Avenue Bobby Harger, 101 Biltmore Drive Sarah Martinez, 5202 Moorman Avenue In rebuttal, Mr. Hawkins addressed concerns related to the number of individuals who travel in the alley and the condition of the property. At this time, comments were heard from Council members. Dr. Poe thanked Mr. Hawkins and those residents who made comments, recognizing the decline of the area which has restricted the residents from improving their properties. Dr. Poe pointed out that the property owner has not demonstrated efforts to maintain his property and therefore, she does not recommend approval. Addressing Mr. Piotrowski’s inquiry as to the number of code enforcement calls received on this property, Mr. Carter stated there had been several. Vote: 0-6 Yes: None No: Frenier Luck Piotrowski Poe Wade Kochuba Absent: Wood Abstained: None Motion: UNANIMOUS FAIL Regular Meeting Minutes November 12, 2024 Page 5 B. AN ORDINANCE NO 23-19 (First Reading) To reclassify, with proffers, from RL Low Density Residential District to BB Boulevard Business District the zoning classification of an approximate 0.12-acre parcel of property owned by RAH Inc. which is known as 105 Norfolk Avenue, parcel identification number 14000402043, Lots 42 and 43 of Block 2 of the Chesterfield Highlands Subdivision; and to amend the Zoning Map accordingly. A motion was made by Mrs. Luck, seconded by Mr. Piotrowski, to approve Ordinance No. 23-19. Mr. Smith clarified that the purpose of the ordinance was to change the Zoning Map. Mayor Kochuba opened the floor for comments from the Public. Larry Fischer, 205 Norfolk Avenue – Spoke in opposition of the request. There being no comments from the Council, Mayor Kochuba called for the vote. Vote: 0-6 Yes: None No: Frenier Luck Piotrowski Poe Wade Kochuba Absent: Wood Abstained: None Motion: UNANIMOUS FAIL 11. Hearing of Citizens and Council Members Generally on Non-Agenda Items Harry Smith, 808 Kensington Avenue - Mr. Smith thanked first responders for their efforts and expressed his concerns about excessively loud mufflers, loud music from vehicles, and blacked-out windows. Mr. Smith also praises the Council and staff for restriping pavement markings and filling potholes. Sarah Martinez, 502 Moorman Avenue - Ms. Martinez expressed concerns about pedestrian safety on City Streets, specifically highlighting the increased traffic caused by Royal Farms. She requested the installation of a four-way stop sign at the intersection of Regular Meeting Minutes November 12, 2024 Page 6 James and Hamilton. Furthermore, Ms. Martinez urged that leaving trash cans on the sidewalk should be deemed a violation. Bobby Harget, 101 Biltmore Drive - Mr. Harget echoed Mr. Smith's concerns and comments about loud mufflers, loud music from vehicles, and excessive speeding. He also discussed his worries regarding expired license plates. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda. A. AN ORDINANCE NO 24-FIN-7 (Second Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025, by appropriating $110,129, consisting of: 1) $49,067 in grant funds from the State Aid Grant to the Library to Intergovernmental Revenues and to Culture & Recreation for technology equipment and upgrades and for books and publications; 2) $30,878 in grant funds to Intergovernmental Revenues and to Public Safety, consisting of: a) $17,480 in National Highway Traffic Safety Administration funds for reimbursement of Police Department personnel costs related to Selective Enforcement; b) $5,000 from the Virginia Risk Sharing Association to the Fire Department fore the purchase of fitness equipment; and c) $8,398 in Bureau of Justice Assistance funds for the purchase of protective equipment; 3) $1,500 in donations to Miscellaneous and to Public Safety; 45) $3,000 in grant funds from the Virginia 9-1-1 Services Board to Intergovernmental Revenues and to General and Financial for HIS Software; 5) $1,084 in donations to Miscellaneous and to Human Services for the Shoe Fund; and 6) $24,600 from the Distributor Opioid Abatement funding 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, 2024 and ending June 30, 2025, by transferring $55,000 from non- departmental to Public Works for emergency roof repair to the Courthouse. To amend the Recreation Fund by appropriating $4,000 in state grant funds from the Virginia Commission for the Arts to Recreation Activities and to Miscellaneous for expenses related to the “If This Tree Could Talk” Storytime program. B. October 8, 2024 Special Meeting Minutes C. October 8, 2024 Regular Meeting Minutes A motion was made by Dr. Poe, seconded by Vice-Mayor Wade, to approve the Consent Agena as presented. Regular Meeting Minutes November 12, 2024 Page 7 Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wade Kochuba No: None Absent: Wood Abstained: None Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions A. AN ORDINANCE NO 24-FIN-18 (First Reading) to amend the General Fund Budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025, by appropriating $73,804, consisting of: 1) $8,000 in Library donations to Miscellaneous and to Culture and Recreation for the Library’s Reading Skills Program for Grades K-5; 2) $1,401 in donations to Miscellaneous and to Public Safety; 3) $1,800 in State Asset Forfeiture restricted Fund Balance to Miscellaneous and to Public Safety for the purchase of Equipment; 4) $40,000 in grant funding to Miscellaneous and to Culture and Recreation to partially fund a vehicle purchase; and 5) $22,603 from Recreation to partially fund a vehicle purchase. Also amending the General Fund Budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025, by transferring $28,909 from Nondepartmental to Culture and Recreation to partially fund a vehicle purchase. To amend the Recreation Fund by appropriating $22,603 in use of Fund Balance to Operating Transfers out to the General Fund to partially fund a vehicle. A motion was made by Mayor Kochuba, seconded by Dr. Poe, to approve Ordinance No. 24-FIN-18. Mr. Smith provided additional comments further clarifying the appropriations listed in the proposed ordinance. There being no further comments, Mayor Kochuba called for the vote. Regular Meeting Minutes November 12, 2024 Page 8 Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wade Kochuba No: None Absent: Wood Abstained: None Motion: UNANIMOUS PASS B. A RESOLUTION NO 24-39 Approving the City’s participation in the “Memorandum of Understanding (MOU) for Household Hazardous Waste (HHW) Collection and Processing Services” between the Central Virginia Waste Management Authority and participating jurisdictions; and directing the City Manager to execute the documents necessary to effectuate the City’s participation in the MOU. A motion was made by Mr. Frenier, seconded by Mrs. Luck, to approve Ordinance No. 24-39. Mr. Smith provided background information on the current MOU between the City and CVWMA noting that agreement will allow CVWMA to service and collect used paint that is dropped off at the recycling center. Vote: 6-0 Yes: Frenier Luck Piotrowski Poe Wade Kochuba No: None Absent: Wood Abstained: None Motion: UNANIMOUS PASS 14. Unfinished Business, Contested Ordinances and Resolutions, And Items Removed from the Consent Agenda. There was none. Regular Meeting Minutes November 12, 2024 Page 9 15. Reports of Officers and Documents Related Thereto. A. City Manager Mr. Smith announced that the City received the Best Locality award at the Best of the Best awards hosted by the SOVA Chamber of Commerce. He also noted upcoming retirements. At the request of Mr. Smith, Mr. Flippen provided an update on the installation of the fountain which began yesterday. Mr. Flippen also advised that paving as part of the Paving Preservation Project had been completed; however, additional paving in the area of Shepherd Stadium had been requested and would begin in the current week. There was brief discussion by Council and a consensus for staff to move forward with the requested paving. 2. 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. Our estimated completion date for the audit report is October 15, 2024. B. City Attorney Mr. Fisher requested that new Council members must take Conflict of Interest training within two months of taking office. Additionally, FOIA training will be provided live at new and current Council members at a designated time. Mr. Fisher advised of two claims, one from Shoesmith for approximately $250,000, which was settled, C. Director of Planning and Community Development Regular Meeting Minutes November 12, 2024 Page 10 Mr. Carter reported that the Planning Commission met on Wednesday, November 6, 2024, and is scheduled to meet again on Wednesday, December 4, 2024, for its next regular meeting. During the November meeting, staff presented select case studies for three distinct types of developments that corresponded with three major planning areas identified in the City’s 2021 Comprehensive Plan: the Boulevard, Southpark Mall, and the Pickwick Shopping Area. The Commissioners evaluated the case studies in 2 smaller groups sharing their thoughts and key ideas, then reported them out to each group. At the end of the exercise the Commissioners ranked the plan type they liked the best; the plan type they thought could have the greatest impact on the City of Colonial Heights, and the plan type that they thought was most feasible for the city to have the greatest chance of garnering community support. Mr. Carter advised that the Board of Zoning Appeals did not meet in November 2024. 16. Adjournment There being no further business, Mr. Piotrowski made a motion, seconded by Dr. Poe, and carried unanimously on voice vote, to adjourn the meeting. The meeting was adjourned at 9:48 P.M. APPROVED: ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk