City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Special Meeting of City Council Tuesday, June 17, 2025 1. Call to Order. The Special Meeting of the City Council was called to order by Mayor Kochuba at 6:01 P.M. 2. Roll Call. Present: Councilwoman Tricia L. Palmer Councilman Craig R. Skalak Councilman Brad E. Slaybaugh Vice Mayor John E. Piotrowski Mayor T. Gregory Kochuba Absent: Councilwoman Elizabeth G. Luck 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 A motion was made by Mayor Kochuba, seconded by Mrs. Palmer, to move Items 5 A and B, before Item 3. VOTE: 5–0 Yes: Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Abstain: None Absent: Luck Skalak (arrived late) UNANIMOUS PASS 3. Consideration of the Following Items: A. AN ORDINANCE NO. 25-14 (Second Reading) Awarding a one-time bonus of 1.5% for all locally elected constitutional offices and their Compensation Board-funded full-time permanent employees, as well as the General Registrar, or a one-time bonus of $600, whichever is greater. Awarding a 1.5% bonus to the members of the Electoral Boards. Also awarding a $600 one-time bonus to full-time employees of all locally elected constitutional officers and the General Special Meeting Minutes June 17, 2025 Page 2 Registrar who are not in state-funded positions and thus not eligible in the 1.5% bonus. A motion to approve was made by Mr. Slaybaugh, seconded by Mrs. Palmer, to approve Ordinance No. 25-14. Mr. Smith noted that a cost estimate was provided upon first reading; however, the cost will be slightly lower due to the inclusion of a higher amount for the Electoral Board members. Additional information from the Compensation Board clarifies this only applies if the individual is in the position on July 1, 2025. There being no discussion, Mayor Kochba called for the vote. VOTE: 6–0 Yes: Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Abstain: None Absent: Luck UNANIMOUS PASS B. AN ORDINANCE NO 25-FIN-8 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2024, and ending June 30, 2025, by appropriating $78,974 in Unassigned Fund Balance to Miscellaneous and to Debt Services & Transfers Out. To amend the Capital Projects Fund Budget by appropriating $395,897, consisting of $316,897 from the Virginia Department of Transportation to Intergovernmental Revenue and to the CHHS Sidewalk Project; and $78,974 from the General Fund to Miscellaneous and to the CHHS Sidewalk Project. A motion was made by Mrs. Palmer, seconded by Mr. Slaybaugh, to approve Ordinance No. 25-FIN-8. Mr. Smith advised that the project came in above budget with VDOT showing additional funding. In order to get the project on schedule and completed before the start of school, staff was requesting that upon approval on first reading, staff would begin the project. Mr. Smith advised that in addition to the $395,897 required, VDOT was funding $316,897 of that amount; therefore, approximately $79,000 + is being requested from unassigned fund balances. Mr. Smith stated this was an 80/20 match project. Special Meeting Minutes June 17, 2025 Page 3 At the request of Mr. Smith, Mr. Flippen, Public Works Director, provided additional comments relative to the project, specifically the area of the sidewalk construction. Mr. Flippen advised that the original estimate for the project was $750,000; however, came in at $1.5M. There being no additional discussion or comments, Mayor Kochuba called for the vote. VOTE: 6–0 Yes: Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Abstain: None Absent: Luck UNANIMOUS PASS 4. Closed Meeting Pursuant to the Code of Virginia in Accordance with the Following Provisions:  Paragraph A.1 of Section 2.2-3711, to discuss or consider prospective candidates for employment as City Attorney.  Paragraph A.8 of Section 2.2-3711, to consult with legal counsel employed by a public body regarding a specific legal matter – i.e., entering into a contract with an entity to provide legal services on a temporary basis – requiring the provision of legal advice by such counsel. A motion to go into closed session was made by Mrs. Palmer, seconded by Mr. Slaybaugh. VOTE: 6–0 Yes: Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Abstain: None Absent: Luck UNANIMOUS PASS 5. Vote to Come Back Into Open Meeting. Special Meeting Minutes June 17, 2025 Page 4 A motion to come back into open meeting was made by Mayor Kochuba, seconded by Mr. Skalak. VOTE: 6–0 Yes: Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Abstain: None Absent: Luck 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.1 of Section 2.2-3711, to discuss or consider prospective candidates for employment as City Attorney.  Paragraph A.8 of Section 2.2-3711, to consult with legal counsel employed by a public body regarding a specific legal matter – i.e., entering into a contract with an entity to provide legal services on a temporary basis – requiring the provision of legal advice by such counsel. Consideration of the following certification: 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: 6-0 Yes: Luck Palmer Skalak Slaybaugh Wood Piotrowski Kochuba Special Meeting Minutes June 17, 2025 Page 5 No: None Absent: None Abstained: None Motion UNANIMOUS PASS` 6. A Work Session on the Following Items: A. Colonial Heights Opioid Settlement Strategic Plan 2024-2029. Colonial Heights elected to undertake a collaborative strategic planning process to inform the use of opioid settlement funds ($900K between 2022-2030). An advisory Group was formed to identify gaps in services related to substance use in the community. Rulo Strategies, a consulting firm, facilitated the strategic planning process with the committee to make recommendations. Those recommendations are as follows:  Strengthen Cross-Agency Collaboration to address substance use  Implement community education and prevention initiatives  Increase support for families impacted by substance use  Expand access to treatment and recovery support services  Explore recovery housing options through partnerships An Outreach Coordinator is to begin within a few days and all projects have been approved. At the request of Council, Mrs. Lynch and Dr. Caballero provided clarification to support the outreach coordinator position. It was the consensus of Council for staff to move forward with the strategic planning process. VOTE: 6–0 Yes: Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Absent: Luck Abstain: None UNANIMOUS PASS B. Discussion Regarding Parking Violation Fines. Special Meeting Minutes June 17, 2025 Page 6 Mayor Kochuba advised that this item was discussed at the Retreat and was brought forward by Mr. Skalak. Mr. Smith advised that the staff have reviewed the current ordinance and are proposing a change to extend the payment period for a citation from 5 days to 30 days. At Mr. Smith's request, Mrs. Sadler provided the following information and data, which addresses questions several questions from councilmembers. Collections to Date (FY25):  Total collected so far: $6,500.  Police Department reported an additional $56,000 in collections from the first batch of submitted tickets. Historical Collections:  FY24: Collected just over $65,000.  FY23: Collected $19,700. Uncollected / Outstanding Tickets:  The City does not currently have a parking ticket module, so tickets are not entered into the system until payment is received. As a result, total fine amounts issued (vs. collected) are not readily available.  Staff can attempt to gather more accurate data, but the information is not automatically tracked. Outstanding Ticket Inventory:  Total outstanding tickets (30–365 days old): 387.  100 of these currently have a DMV stop applied.  Estimated value of outstanding fines (based on Police Department proportions): o $30,500 in regular tickets (originally $50, doubled after 5 days). o $22,500 in handicap tickets (from $250 to $275).  Estimated total outstanding: approximately $53,000. Late Fees & DMV Stop Costs:  A ticket becomes late after 5 days. At that point: o The $50 ticket doubles. o A DMV stop is added.  DMV stop fee breakdown: o $25 charged by the DMV. o $25 administrative fee for processing and collections.  Handicap violations increase from $250 to $275, plus the DMV stop fee if applied. Additional Collection Methods: Special Meeting Minutes June 17, 2025 Page 7  The City can also collect through state income tax refund setoffs, in addition to DMV stops. Limitations on Out-of-State Vehicles:  If a vehicle is registered out of state, the City has minimal recourse for collection.  Unlike moving violations—where states may cooperate across state lines—parking violations are typically not pursued due to the time and effort required and the low likelihood of recovery through General District Court. Ticket Types Included:  All forms of parking tickets are included in these counts and estimates (fire lane, handicap, school zones, improper parking, etc.). Both Chief Anspach and Chief Bailey provided updates on the number of citations issued for parking in handicapped spaces and fire lanes, approximately 1,400 in the past 18 months. Chief Anspach addressed Vice-Mayor Piotrowski’s concern about the ongoing issue with fire lane violations, stating it is the personal responsibility of those who continue to park in these areas. Mrs. Palmer suggested photo documentation as a possible solution to combat the ongoing issue. Mrs. Sadler stated that only five tickets have been contested. Mr. Slaybaugh also suggested using pole-mounted solar cameras for photo documentation at specific locations. Addressing these comments, Chief Anspach stated that he and Chief Bailey were reviewing technology similar to school zone cameras that take photos of vehicles in violation areas. Mr. Slaybaugh stated he was not interested in adding additional duties to police staff but only interested in generating additional revenue. However, these violations pose a safety issue for pedestrians, and he hopes that enforcement can be increased. Additionally, if a third party can be utilized for collection of outstanding fines, he is in favor of that as well. Mr. Carter, Planning Director, suggested sending letters to the property owners, stating that it is their responsibility to ensure no parking in these areas. Chief Anspach stated that only sworn officers can issue citations. Chief Bailey advised there were four volunteers who were responsible for issuing fire parking violations citations and expressed his concern for those volunteers who are not sworn officers. Both Chief Anspach and Chief Bailey agreed that issuance of citations should be the responsibility of a sworn law enforcement officer. After continued discussion, Mayor Kochuba asked for additional information on detection cameras and what is the rational between violations and preventatives. There was no formal action taken on this item. C. Discussion Regarding Vape Shop-Related Ordinance Special Meeting Minutes June 17, 2025 Page 8 Mr. Smith recalled the May 20 Work Session, at which time staff presented information on vape shop-type businesses from the following localities: City of Richmond, City of Petersburg, City of Williamsburg, Chesterfield County, and Henrico County, and was directed by Council to develop a recommendation to address this use. At the request of Mr. Smith, Mr. Carter defined “Legal Substances” with the major component being, any product made of tobacco, including cigarettes, cigars, smokeless tobacco, and pipe tobacco; however, it also includes, but is not limited to, any noncombustible product containing nicotine or vaping fluid that employs a heating element, power source, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other form. Any product, including any raw materials from hemp, that is intended to be consumed by inhalation. Any pipe, vaporizer, wrappings, other type of device, or accessories associated with the consumption or inhalation of the above-mentioned substances and materials. Mr. Carter provided governing examples and information from Chesterfield County and the cities of Petersburg and Richmond. His recommendations for the City of Colonial Heights is defining Vape Shops as a type of Recreational Substances Retail, with Recreational Substances including any tobacco product such as cigarettes, cigars, smokeless tobacco, and pipe tobacco; any noncombustible product containing nicotine or vaping fluid that uses a heating element, power source, or other electronic, chemical, or mechanical means to produce vapor, regardless of shape or size; any product, including hemp-derived materials, intended for consumption by inhalation; and any pipe, vaporizer, wrappings, or other device or accessory used for the consumption or inhalation of these substances. A Recreational Substances Retail establishment is defined as any facility whose primary business is the retail sale of recreational substances and meets one or more of the following criteria: recreational substances make up 25% or more of total inventory, occupy 15% or more of display shelf area, account for 10% or more of floor area, represent more than 50% of total sales, or the property displays building-mounted or freestanding signage specifically advertising recreational substances as its principal use. Such establishments would be restricted to properties within the General Business (GB) zoning district and must maintain a distance of at least 1,000 linear feet from day care centers, family day homes, educational facilities, public parks, public libraries, religious assemblies, and other retail establishments that sell recreational substances. Hours of operation would be limited to 9 a.m. to 8 p.m., every day of the week. There was discussion by Council regarding the stringent restrictions. Mr. Carter clarified that tobacco product stores are restricted if the primary function is the sale of the advertised product. Mr. Wood expressed his opinion that he did not feel that all tobacco product shops should be included in the ordinance. D. City of Colonial Heights Audit Statement City of Colonial Heights Audit Statement Special Meeting Minutes June 17, 2025 Page 9 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, 2024, is pending. The major factor for the delay of the audit is: delay in completion of the audit for the fiscal year ending June 30, 2023 resulting in significant delay in the year-end close and audit work for the fiscal year ending June 30, 2024. Our estimated completion date for the audit report is August 29, 2025. 7. Adjournment. A motion to adjourn the Special Meeting was made by Mrs. Luck, seconded by Mr. Slaybaugh, and carried unanimously on voice vote at 8:38 P.M. APPROVED: ____________________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk