City Council

CITY OF COLONIAL HEIGHTS, VIRGINIA Regular Meeting of City Council Tuesday, September 9, 2025 1. Call to Order The Regular Meeting of the City Council was called to order by Mayor Kochuba at 7:02 P.M. 2. Roll Call The following members of the Council and Council’s staff were present for roll call by the Clerk: Present: Councilwoman Elizabeth G. Luck Councilwoman Tricia L. Palmer Councilman Craig R. Skalak Councilman Brad E. Slaybaugh Councilman John T. Wood Vice Mayor John E. Piotrowski Mayor T. Gregory Kochuba Absent: None Also Present: Mr. Douglas E. Smith, City Manager Mr. Jeffrey S. Gore, Interim City Attorney Mrs. Pamela B. Wallace, Clerk 3. Devotion A devotional prayer was led by Mrs. Luck. 4. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Kochuba. 5. Adoption of Agenda A motion was made by Mayor Kochuba, seconded by Mr. Skalak, to move Item 13D to Item 13A, to accommodate the presenter's schedule. Vote: 7-0 Yes: Luck Palmer Skalak Slaybaugh Regular Meeting Minutes September 9, 2025 Page 2 Wood Piotrowski Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS A motion was made by Mrs. Luck, seconded by Vice-Mayor Piotrowski, to approve the agenda as amended. Vote: 7-0 Yes: Luck Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 6. Declarations of Personal Interest There were none. Before continuing, Mayor Kochuba recognized Mrs. Angie Woody from the School Board. 7. Commendations and Presentations A. Recognizing Keystone Truck and Tractor Museum for their efforts of Engagement within the Local Community. Due to unforeseen circumstances, Mr. Keith Jones of Keystone Truck and Tractor Museum was unable to attend. B. Proclaiming September 2025 as National Service Dog Month in the City of Colonial Heights, Virginia. Regular Meeting Minutes September 9, 2025 Page 3 C. Proclaiming September 2025 as Suicide Prevention Awareness Month in the City of Colonial Heights, Virginia. 8. Reading of Manner of Addressing Council. Mr. Gore read the Manner of Addressing Council. 9. Written Petitions and Communications by members of the Public and Council Members A. Review and consider a Special Use Permit allowing additional companion animals at 2523 White Oak Court. Ms. Crystal Acavedo, 2523 White Oak Court, requested a Special Use Permit to temporarily foster up to four (4) dogs and/or puppies when such time arises. Chief Anspach advised that the Animal Control Report findings supported the request. Vote: 7-0 Yes: Luck Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 10. Advertised Public Hearings A. AN ORDINANCE NO 25-16 (First Reading) To grant a special use permit to Duane Rankin on behalf of American Behavioral Health Group, LLC, allowing an approximate 135- foot-long, 7-foot-high aluminum picket fence with gate and automatic gate opening to be installed in front of the building line at 439 Jennick Drive. The property, also known as parcel identification number 68215600001, is comprised of approximately 3.32 acres and is zoned GB (General Business). Regular Meeting Minutes September 9, 2025 Page 4 A motion to approve Ordinance No. 25-16 was made by Mrs. Luck and seconded by Mr. Skalak. At the request of Mr. Smith, Mrs. Prarthana Rao, Zoning Administrator, advised that the Planning Commission unanimously approved the request with provisions, due to the property owner’s experience with high costs resulting from vandalism and safety concerns stemming from the site’s seclusion from nearby businesses. The applicant, Duane Rankin, on behalf of American Behavioral Health Group, LLC, provided comments supporting the request and further explained in greater detail, the extent of the vandalism. Mr. Rankin addressed several questions from the Council members before Mr. Wood requested the property owner, Dr. Chinyere Enyiukwu, address Council members. Dr. Enyiukwu echoed Mr. Rankins comments; however, provided additional comments supporting her safety concerns due to the seclusion of the property. There was continued discussion by Council members, at which time concerns were expressed relative to the height of the proposed fence for such a business. At the conclusion of Council’s comments, Mayor Kochuba opened the floor for Public Comment; there was none. There being no further discussion, Mayor Kochuba called for the vote. Vote: 5-2 Yes: Luck Skalak Slaybaugh Wood Kochuba No: Palmer Piotrowski Absent: None Abstained: None Motion: PASS B. AN ORDINANCE NO 25-17 (First Reading) To adopt a revised General Pay Plan Class and Salary Range that removes the Building Inspector position; eliminates the Recreation Specialist III position; adds Recreation Supervisor and Recreation Supervisor – Senior Center as new full-time positions; adopts the corresponding job descriptions and class specifications for such new positions; amends the job description for Recreation Specialist II; and revises the language in the last paragraph under Part- Regular Meeting Minutes September 9, 2025 Page 5 Time/Seasonal/Temporary Positions to provide flexibility in pay based on experience. A motion to approve Ordinance No. 25-17 was made by Mrs. Palmer and seconded by Mr. Skalak. Mr. Smith provided clarifying comments supporting the proposed changes. Addressing Mayor Kochuba’s questions, Mr. Smith stated there would be minimal to no budget impact due to the changes. There was continued clarification by staff related to the removal of the Building Inspector position and changes to the recreation positions. There being no additional comments, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Luck Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS 11. Hearing of Citizens and Council Members Generally on Non-Agenda Items Charles Schober, 218 Fairfax Avenue – Requested the installation of speed humps on Fairfax Avenue and a four-way stop sign at the intersection of Cottage Grove and Fairfax Avenue. Tracy Wood, 215 Fairfax Avenue – Requested the installation of speed humps on Fairfax Avenue and a four-way stop sign at the intersection of Cottage Grove and Fairfax Avenue. Dare Shreve, 305 Hermitage Road – Spoke to the safety of on-street parking when it impedes the sight distance when trying to make a turn. Joyce Tomlin, 132 W. Westover Avenue – Spoke to increased vehicular speeding along Westover Avenue and requested speed humps. Regular Meeting Minutes September 9, 2025 Page 6 Harry Smith, 808 Kensington Avenue – Thanked public safety. Feels the City is being destroyed by issues that cannot be enforced by law enforcement. Mr. Smith also expressed his concerns relating to the lack of lighting along Conduit Road and a possible water leak under the wall at the Branders Bridge apartment complex. Donald Holt, 301 Fairfax Avenue – Spoke to the speeding along Fairfax and recommended speed humps be installed. 12. Consideration of Uncontested Minutes, Ordinances, Resolutions, and Motions in accordance with the Consent Agenda A. AN ORDINANCE NO 25-FIN-12 (First Reading) To amend the General Fund Budget for the fiscal year beginning July 1, 2025 and ending June 30, 2026, by appropriating $69,079, consisting of: 1) $8,205 in federal grant funds from the United States Department of Housing and Urban Development to Human Services and to Intergovernmental Revenues; 2) $8,438 in state grant funds from the Department of Criminal Justice Services to Judicial Administration to Intergovernmental Revenues; 3) $10,000 in state grant funds from the Virginia State Police to Public Safety and to Intergovernmental Revenues; and 4) $42,436 in state aid from the Library of Virginia to Culture & Recreation and to Intergovernmental Revenues. The General Fund budget is also amended by transferring $21,690 from Other Local Taxes to Intergovernmental Revenues. B. June 10, 2025 Special Meeting Minutes C. June 10, 2025 Regular Meeting Minutes A motion to approve the Consent Agenda as presented was made by Mrs. Palmer, seconded by Mr. Slaybaugh. Vote: 7-0 Yes: Luck Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Absent: None Regular Meeting Minutes September 9, 2025 Page 7 Abstained: None Motion: UNANIMOUS PASS 13. Introduction and Consideration of Ordinances and Resolutions A. A RESOLUTION NO 25-52 Authorizing and requesting the City Manager to execute AMENDMENT 3, AMENDED AND RESTATED FY2026 and FY2027 COMMUNITY SERVICES PERFORMANCE CONTRACT MASTER AGREEMENT AND SUPPLEMENTAL DOCUMENTS, Greater Reach Community Services Board Contract No. P1636.7773. A motion to approve was made by Mrs. Palmer, seconded by Mr. Slaybaugh. After a brief overview of the proposed resolution by Mr. Smith, Ms. Terrell Stewart, Executive Director of Greater Reach, briefed Council on the amendments to the Master Agreement. There being no discussion, Mayor Kochuba called for the vote. Vote: 7-0 Yes: Luck Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS B. AN ORDINANCE NO 25-15 (First Reading) Amending Chapter 286, Zoning, of the Colonial Heights City Code by amending § 286-202.10 by adding the use types of “recreational substances” and” recreational substances, retail”; amending § 286-312.04 by adding “recreational substances, retail’ as a permitted use’ and adding a new § 286-410.67 providing requirements for recreational substances retail establishments. A motion to approve was made by Vice-Mayor Piotrowski and seconded by Mr. Skalak. Regular Meeting Minutes September 9, 2025 Page 8 Mr. Smith presented the proposed ordinance that addresses the retail use of recreational substances, which has been reviewed and recommended for approval by the Planning Commission. Mr. Smith advised the proposed ordinance reflects the following changes:  Establishes a definition for recreational substances and creates a corresponding retail use.  Limits such uses to the industrial zoning district as a by-right use.  Includes conditions related to required distances from child day care centers, schools, and other recreational substance retailers.  Restricts hours of operation to 9:00 a.m. through 8:00 p.m.  Permits only off-site use of products. The public hearing and second reading for the ordinance is scheduled for the September 16, 2025, Council work session. There was continued discussion, with Vice-Mayor Piotrowski stating that the ordinance applies to “Vape Shops” and that the designated district in Colonial Heights will be very limited in size. Questions arose regarding existing establishments that may need to be grandfathered unless otherwise addressed through a legal review. The ordinance will not affect current operating hours of existing establishments; however, Council may later amend the ordinance to ensure consistency in operating hours between existing shops and future industrial park locations. Mr. Gore, Interim City Attorney, stated that other localities were taking similar approaches. He also clarified that the existing vape shops would not be addressed by the proposed ordinance. Addressing concerns related to the operation of an existing vape shop business without a license, and whether such would jeopardize the business's ability to continue in the “grandfathered” location, Mr. Gore stated that a lapse in the business license would not violate this statute. Mr. Gore clarified that the ordinance aligns with the state definition and classifies “retail tobacco products” as the first category of defined substances. Discussion continued regarding the percentage of retail tobacco products required to determine the classification of “cigar” and “tobacco” shops. Mr. Wood noted that vape shops complicate this distinction, as they conflate the two categories, limiting certain business operators from establishing themselves in General Business districts. There being no further discussion, Mayor Kochuba called for the vote. Vote: 6-1 Yes: Luck Palmer Regular Meeting Minutes September 9, 2025 Page 9 Skalak Slaybaugh Piotrowski Kochuba No: Wood Absent: None Abstained: None Motion: PASS C. A RESOLUTION NO 25-45 A Resolution of the Colonial Heights City Council approving the City’s participation in the proposed settlements of opioid-related claims against Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus, and directing the City Manager to execute the documents necessary to effectuate the City’s participation in the settlements. A motion to approve was made by Mrs. Luck and seconded by Mrs. Palmer. Mr. Smith stated the proposed ordinance was just a continuation of the opioid settlement. There was no discussion. Vote: 7-0 Yes: Luck Palmer Skalak Slaybaugh Wood Piotrowski Kochuba No: None Absent: None Abstained: None Motion: UNANIMOUS PASS D. A RESOLUTION NO 25-51 Appointing Andrew A. Meyer to the position of City Attorney. A motion to approve was made by Mr. Slaybaugh and seconded by Mr. Skalak. Mayor Kochuba stated this was the formal approval of the new City Attorney, who would be starting his position on October 8, 2025. There was no discussion. Vote: 7-0 Yes: Luck Regular Meeting Minutes September 9, 2025 Page 10 Palmer Skalak Slaybaugh Wood Piotrowski 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 were none. 15. Reports of Officers and Documents Related Thereto. A. City Manager 1. Animal Control Staffing Change Chief Anspach is requesting to modify the division to change the two part-time Animal Control Aides to one additional full-time Animal Control Staff Assistant. These positions have historically been difficult to fill. The estimated prorated cost for the rest of the year is approximately $30,000. Mr. Smith advised that budgetary changes will be made as necessary at the appropriate time. Vote: 6-1 Yes: Luck Palmer Skalak Slaybaugh Piotrowski Kochuba No: Wood Absent: None Abstained: None Motion: PASS 2. General Activity Report Regular Meeting Minutes September 9, 2025 Page 11 Mr. Smith reported that, effective immediately, Recreation and Parks, Public Works, and Planning and Community Development would report to Dr. Caballero, Assistant City Manager. At the request of the City Manager, Stephen Smith, Interim Public Works Director, provided updates on lighting outages along the Boulevard and advised that staff will develop a plan to address this ongoing issue and expedite future outages. Mr. Smith advised that an outside contractor will be used temporarily to address outages. 3. City of Colonial Heights Audit Statement 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, 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 date of completion for the audit report is September 30, 2025. B. City Attorney Mr. Gore, Interim City Attorney, had nothing to report. C. Director of Planning and Community Development There was no additional information to report. 16. Adjournment There being no further business, a motion was made by Mrs. Palmer, seconded by Mr. Slaybaugh, and carried unanimously on a voice vote to adjourn the meeting. The meeting was adjourned at 9:27 P.M. APPROVED: Regular Meeting Minutes September 9, 2025 Page 12 ______________________________ T. Gregory Kochuba, Mayor ATTEST: _____________________________________ Pamela B. Wallace, City Clerk