Board of Supervisors - Regular Meeting

I wanna welcome everyone to, The Rockwood County Board of Supervisors September 8th, 2026 meeting. Public comments will be given from the lectern in the back. For everyone who is watching the live stream of tonight's meeting on the county website, you can participate remotely in the public comment portion of the meeting. Speakers, you will see a timer located at the back dais. Once you begin speaking, the timer will begin. You will see a yellow light alerting you to the remaining time once the timer turns red. You hear a beeping sound letting you know your time has expired. Speakers on WebEx, the time will begin when you begin speaking. You will hear a beeping sound when your time has expired. Go to the Board of Supervisors webpage at Henrico.us backslash supervisors. Click on the guidance of the Board of Supervisors meeting. Scroll down and click on the WebEx event. A moderator will let you know when it is your turn to speak. Thank you. We'll begin this evening with the Pledge of Allegiance followed by the invocation given this evening by Rabbi Christina Mears of Congregation Board Attead, please remain standing until we finish both of those. Thank you. I pledge allegiance to the flag of the United States of America

Rebona Shel Olam, Master of the Universe, as we gather this evening in Henrico County, we stand at the verge of the Jewish High Holidays, a season of reflection, renewal, and hope. In our tradition, these days call us to look inward with honesty and outward with compassion, seeking to repair what is broken in the world and to strengthen what is good. We look forward to the new Jewish year with its promise of hope and renewal, as well as Yom Kippur, where we reflect on all of our shortcomings. As we approach Rosh Hashanah, the beginning of the Jewish New Year, we say Shana Tova. May it be a good and sweet year. We ask that the spirit of this season guide the work of the Board of Supervisors tonight. May the themes of the High Holidays, which include Teshuvah, returning to our true selves, Tefillah, thoughtful reflection and prayer, and Sedeqa, acts of justice and charity, inspired decisions rooted in dignity, fairness, and care for every resident of Henrico County and everyone who is a part of the county for work, living, and recreation. We are taught that every person is created in the image of God. May this truth remind us that the policy shaped here touch real lives. families seeking better opportunities, neighbors striving for safety, and communities working to build a future of promise to raise all members of Henrico County to a higher level. Strengthen our leaders with wisdom, patience, and humility as they deliberate. Help them listen deeply, speak kindly, and act with integrity. Bless all who serve this county, first responders, educators, county employees, volunteers, and the many residents who give their time and energy to strengthen the community in a thousand ways every day. May their efforts be met with gratitude and renewed strength in the year ahead. As we enter Shana Hadashah, a new year, may it be a year of health, safety, compassion, and unity for all who call Henrico home. And I will translate. May the one who makes peace in the heavens make peace for all of us and for all who dwell in Henrico County.

You may be seated. I will call for a motion to approve the regular and special meeting minutes from Tuesday, April 25th, 2026, regular and special meeting. Second. Moved by Ms. Roundtree, seconded by Reverend Nelson, all in favor say aye. Opposed, ayes have it. Minutes approved. Mr. Mayor, do you have any comments this evening?

I do not, Mr. Chair.

Are there any comments from my colleagues? Mr. Rogich.

Yeah, Mr. Chair. Just one comment. We had a Tuckahoe Volunteer Rescue Squad life member who passed away this past week, Mr. Joe Betsala. He was a longtime resident of the Tuckahoe District, Farmington neighborhood. Joe was married to Mary Betsala for 35 years. Joe served in the United States Army in the early 1960s. After his Army service, Joe became a member of the Fairfax Fire Department. In the mid-1980s, Joe moved to Henrico and joined the Tuckahoe Volunteer Rescue Squad, where Joe served as an EMT and later served as an automotive chairman and other logistics-related duties, as well and well known for his cooking skills. Joe was active in the community and a member of the VFW and the Sons of Italy, along with other civic groups. Joe passed away at the age of 87 years old on Saturday, August 29th, after suffering a medical emergency. Joe was assisted by Henrico Fire Station 309 at Regency and Henrico Doctors Hospital on Forest. Joe will be laid to rest at the Virginia Veterans Cemetery in Amelia County on September 18th at 1 p.m., followed by a reception at Woody Funeral Home on Parham Road from 4 to 8 p.m. Please keep Joe's family and friends in your thoughts and prayers. Thank you, Mr. Chair. Thank you so much, Ms. Rogas.

Anyone else? Comments? Mr. Manager. I want to first of all let me recognize media. Ms. Danielle Dukin, Channel 8 is here.

Mr.

Manager.

Mr. Chair, members of the board, as you move into your public hearings, you begin with agenda item 96-26 out of the Brooklyn District, which is Spyrock Real Estate Group with a request for a provisional use permit under Chapter 24 of the county code to allow mixed-use development with multifamily residential on a parcel near the intersection of Westmoreland Street and Jock Street. Now, Mr. Humphreys, I understand a deferral has been requested on this case. October the 13th.

Yes, sir. One month deferral by the applicant. Mr. Chair. Thank you so much, Mr. Manager.

Is there a motion? No questions at this time, Mr. Chair. It's a public hearing, so.

Okay. Is there anyone here, even though it's going to be deferred, we want to still give an opportunity to speak to the case. Is anybody present that would like to speak to it in person?

We do have Sarah LaPointe and Adam Collett. Are you Mr. Collin? Yes, sir. The floor is yours.

Good evening. My name is Jim Hawes, president and CEO of VAMAC Incorporated, located at 4201 Jock Street in Richmond. VAMAC is a third-generation family-owned plumbing, well, and septic supplier headquartered here in Richmond with 24 locations throughout the state. We have served contractors in this community for 111 years and occupied our current address since 1967. Our roots, this family's roots, are here in Henrico County. with the fourth-generation leadership established and planning for the future. We currently support 180 associates and their families. Approximately 50 of those are employed at that address of 4201 Jock Street. Our goal and my reason for being here this evening is not to oppose responsible development, but to understand the SPIROC project and ensure that our customers and the manufacturers that ship product to us for redistribution have and will have adequate access with minimal business disruption. We recognize things change, and you have to adapt to changing circumstances. However, that takes proper planning across many moving aspects and fronts. We were here in 2023 when the Marshall property adjacent to us was approved for 241 residential units and 375 parking spaces and expressed concern about the very same issue. To date, that project has not started. Spyrock, just to the other side of VAMAC, is now proposing 224 residential units and 303 parking spaces. These are just the projects on our block of Jock Street, and that is shared by a truck sales business, a community outreach center, and several other warehouse distribution companies. It doesn't take into account the other significant projects in close vicinity that have been approved, or in the planning stages. We acknowledge that the Planning Commission has approved the current SPIROC proposal and recommended for you to vote. Here's where our concerns lie. If these projects were to go under construction within close timing proximity, have you considered the number of residential units that are already in planning for Henrico County? Are services increasing to meet that projected demand? What infrastructure will Henrico County have to do have to do to the intersections of Westmoreland and Jock Street, Dabney and Jock Street, which would affect how our customers and manufacturers come to us? Has Henrico County Planning done their due diligence when it comes to increased density, infrastructure, road improvements, stormwater planning, utilities, and sidewalks, which could also include bicycle traffic? How are the roads within the interior of an industrial park that were designed in the 1960s for mixed use of rail, car, truck, tractor-trailer going to handle all of proposed increased traffic load, including 54-foot tractor-trailers? If that planning were also to include on-street parking, parallel parking on Jock Street, that also raises several concerns. Once the project had been complete, consider the mix of two residential communities, 465 units as planned, with wholesale distribution companies in between them. In our industrial area, we don't see school buses today. However, they could also be in the mix in the future, and how will that work? Our business and our customers' businesses depends on how we can service them items that they purchase from us to support their livelihood. We pride ourselves on efficiency of servicing those customers and have designed a location so they can get in and out quickly. We want to ensure our needs and concerns as established in the business of the Westwood redevelopment sector are considered as part of the equation as you consider those planning proposals in the future. As I shared in the opening, we are not opposed to responsible development, especially in a phased approach with proper planning. I ask you, before you vote on this project, whether today or in the future, do you believe that the due diligence has been done when it comes to all the things that need to be considered, especially the proper planning for increasing the density in an active interior of an industrial area? Thank you for the opportunity to address this this evening.

Thank you so much, sir. Is there anyone else who would like to speak to this item? Is there anyone online that would like to speak to this item?

There's no one to speak to this item.

Thank you so much. This public hearing is closed.

Thank you, Mr. Chair. Mr. Hawks, thank you for being here. We appreciate your time. It's good to see the applicant as well. Thanks, everybody, for being here. Just a little context. I know that there's been a request for a deferral. I would obviously support that deferral. I want to address not only the speaker's concerns, but provide an update for... really everyone not only the applicant but for the business owner that was here but for everybody else that mr. Phelps and I planning Commissioner spoken with one the applicant and mr. Phelps and I have met since since some some of these concerns were brought to light an additional consideration has been given to some of the concerns that were noted here not only the timing of the two projects which I noted today is another as a concern utility infrastructure road condition Access for businesses and how to make how to make Westwood Able to continue to be the industrial hub that it has been for a very long time but also welcome the residences in the mixed-use communities that this county and that quite frankly our residents are demanding with quality builders such as the applicant and with existing property the speaker just mentioned not only the Marshall project and this and the current spy rock applicant but There's other projects along that road there with regard to Kinsale and the U-Crops property that are hanging out there that have been approved and have the ability to be built. And quite frankly, and my colleagues and I, we've spoken about this, but I want to make it clear that when we look at a case, we're looking at traffic studies for that case and we're looking at school impact for that case. But very rarely do we look at the totality of this 224 units and the 241 next door, plus the 3,000 that have been approved within that mile or two radius, and what that total impact is when fully built on parking, on traffic, on schools. So I know we've discussed this as late as today. When I saw you in the hallway, we discussed it. The next step for this to utilize this deferral time properly is Mr. Phelps and I will close out some meetings with business owners. The applicant, I will say, has provided a pretty in-depth data summary. Thank you for the data that was sent. Quite frankly, we're just trying to find where that level of development and that right mix is to serve the existing businesses that are there, yet still provide the mixed-use residential build that that market in that area certainly is destined for. So we'll use that time properly. Seth, I know we mentioned it, but I will set up a meeting with staff and try to review the data that we've that we've gotten, balance it against where we think the correct numbers are. The timing is another great piece, Jim, that I took a note of today. And then we'll come back to the business owners, not just VAMAC, but the other ones along that corridor and make sure that we're providing the feedback back. And the assurance is that this county is doing the due diligence with regard to infrastructure and roads and the ability to serve it with public safety, fire and police, certainly with DPU infrastructure and DPW infrastructure. Again, I want to thank you for your time, Jim, for being here. It's good to see you again. We'll be in touch very shortly. You're not the only one on that corridor that we want to talk with. And to the applicant, thank you for requesting the deferral. Thank you for the data set that you sent. It's going to enable Chris and I to meet with staff. And then we hope to be able to move this project along with some expediency. So, again, on that note, Mr. Chair, thank you for the extra time. Yes, sir. But I move that we... I'll move that PUP 2026-100022 Spiroc Real Estate Group be deferred to the October 13, 2026 meeting at the request of the applicant.

Thank you so much, Mr. Smith. Is there a second? Second. Motion made by Mr. Smith, seconded by Mr. Rogish. All in favor say aye. Aye. Opposed, ayes have it. The deferral is approved. Ms. Manchin.

Next, Mr. Chair, members of the board, 179-26 out of the Verona District is Beckley Bluford Investments, LLC. with a request to rezone from C1 Conservation District to A1 Agriculture District, part of a parcel containing just over 26 acres that is located on the east line of Beckley Road near its intersection with Beverstone Road. Mr. Humphreys.

Thank you, Mr. Chairman, members of the board. As stated, this request is to rezone the property from C1 Conservation to A1 Agricultural District. The subject property consists of approximately 26.4 acres, part of a larger 95-acre parcel that extends to the north side of Interstate 95. The request includes only a section of the property zone C1, Conservation District. The same area was previously part of a larger rezoning case which proposed R5AC, General Residence District, zoning. application was ultimately denied and no zoning changes resulted although this current request falls within the one year that the dial has been deemed substantially different due to the reduced acreage of the different zoning classification being requested the proposed a one zoning district would allow agricultural uses as well as single-family residences with a maximum density of one unit per acre this request contemplates the appropriateness of of the A1 zoning and all allowable uses as no specific use has been identified. The comprehensive plan recommends Suburban Residential 1, an environmental protection area. Suburban Residential 1 carries a recommendation of detached single-family homes with a density range of 1 to 2.4 units per acre, and the A1 zoning district would be consistent with that. The applicant has also worked with the Department of Public Works to verify the boundaries of the floodplain, as would normally be done during the subdivision process. The Department of Public Works determined the boundaries submitted with this request are consistent with the latest available 100-year floodplain. Based on these efforts by the applicant and the verification by the Department of Public Works, staff can recommend approval of this request. That concludes my presentation. I'd be happy to take any questions. Thank you so much, sir. Any questions right now?

Yeah, I do have a couple. So the previous request, I think this was this last year or was this earlier this year?

I think it was last year.

Last year. Right in December. What was the previous request was what that we that we denied?

It was R5A. The final unit request was 95 units.

All right. And it started, I don't know if you can remember, I think it started like 150 or something like that. Yes, sir. And so we worked, well, not we, but it was worked down to about 95. Yes, sir. And we denied it. And then there was another case not tied to it, but came at about the same time. Can you remember anything about that case?

Yes, sir. That was also for R5A. They had about half of the property was going to be zoned C1. And they ended up clustering it as well and had like a 100-foot buffer between the adjacent subdivision and that. And they eventually went down to a similar density of about one to one and a half units per acre.

Okay.

So, but we denied that too. Yes, sir. And one of the things that I remember out of the conversation was some of this land was A1. So we knew that the possibility of the developer coming back and wanting to develop some of it as A1 was real. is permitted, I guess. So what's the, how many units could we get on the A1 now?

The maximum density is one unit per acre, but it depends on whether the lot's able to perk and some taking out for roads and other sensitive areas and slopes and that types of thing. So what's the acreage right now? Acreage of this request is 26.4. Overall, I think it would be about 50 acres total on this portion of the property.

If you just look at what is A1 already, it's 26 acres. I think we did a rough estimation of somewhere between 30 and 40 lots. For the A1 and if the C1 became A1.

Correct. And I think the applicant's done some additional calculations that they would be able to give you a better idea of that. Okay.

All right.

Because they have more knowledge on exactly whether they're perfect. All right, so I'll call the applicant up in a second.

So what's the... So applicant, get ready because I'm going to ask you how many units could be put on the A1 alone, not considering the C1. Can you or Ben or somebody tell me about the I guess one of the things that staff has brought to my attention is the line that was drawn for C-1. There's some story or history behind that line. And I think staff believes that that line, there is not documentation. I mean, it cannot be. There is some question about its validity as a true line. drawing for conservation?

I don't know if there's a question about its validity, but when it was drawn, it was drawn as a straight line. Typically, the C1s are drawn based on floodplain maps. I don't know of any straight line that's a floodplain. And when they... After they drew it, they carved out an area... for the adjacent subdivision for the silver springs farm subdivision out of that c1 portion so it was no longer c1 which allowed that area to develop or reflecting what it had currently already developed so it's not something so can you show my colleagues what you are pointing to yeah so this is the line here extends all the way through and beyond and then it was carved out of this area here if we go back to the land use early this is the zoning you can see the how it continues on beyond the subdivision to the other side and the subdivision was carved out out of that c1 I mean you can see the rest of the lines for the c1 how they're curved and flow with the topography regarding the flood plate. And then this line was, for whatever reason, was just drawn straight across. So it seems arbitrary, a bit arbitrary to me.

Okay. All right. I think that's all the questions I have for staff.

Okay. Thank you, sir. This is a public hearing. Mr.

Chair, we do have two folks that have signed up. Okay.

and so the first person that signed up can we hear from the generally don't we hear from the applicant first before we hear can we hear from you if you like to sir yeah yeah let's hear from the applicant first and then we'll hear from the public Mr.

Chair members of the board my name is Andy Common here on behalf of the applicant and Seth I don't know if you can do that or you got bored Mr. Humphries had already described what was going on with respect to the request, which is just really to take A1 to C1 because it's not in the flood plan. It's already been determined. Reverend Nelson, with respect to your question, this is the zoning map in 1958. You can see the line where our property is. It's just on the 90-foot contour. It's nothing more scientific than they took the 90-foot topo line and just ran it straight across. And it wasn't until this was in 1958, and you can see where this line is, and you can see Silver Springs Farm. at that time was in the floodplain on that one portion of it. And then in 1968, the federal government came out with the FEMA maps. And based on that, that's where a lot of the mapping was occurring with respect to the floodplains, but not in this area other than, as you can see on that one notch where Silver Springs, certainly the floodplain doesn't go across and have a notch and then go straight across in a straight line. Ultimately, our request is, as Mr. Humphreys asked, was to simply make, as was requested when we did our first zoning case for residential, the comment that we heard was that they would like to have A1 development be consistent with the surrounding A1 property. All we're asking for is property that's not in the floodplain to be A1. to answer your question specifically on the front half, which is about 31 acres based on the ability to put in roads and having to wear the property perks based on our current, uh, information, we'd get about 20 lots on that front portion. and about 10 lots on the back portion for about 30 lots maximum is what we're estimating now because the land doesn't perk as well in the back. There'd be much larger lots. We have to be a minimum of one acre to be able to provide for that. And quite frankly, as we were going through the original zoning case, that's what we heard and to be consistent with the surrounding a one. So we'd ask you to follow the planning commission's recommendation and the staff recommendation and simply treat this the same as any other property in the area. If it's not in the floodplain, it shouldn't be C one. We just want to be a one. which is appropriate in Verona to be agricultural. Thank you. Thank you so much.

So I think when we met, we talked. You said the front looks like it perks, the back doesn't. And so the A1 side of it, let's say, take the C1 out of consideration. How many units do you think you'll get on the A1?

It'd be less than 20. It'd be a maximum of about 20 based on what perks in that area and getting the roads in. So for that 30-some acres, we could get about 20 lots maximum is what our estimate is. So if you add in a C1, you get another 10 acres at most. It's really, quite frankly, probably less than that, but that's a very conservative estimate of what we could get in that backside that we're asking for. To be a one but there's no plans for development. They're not putting forth a plan. They're not planning on developing it They just wanted to be treated as a one at this point, but it'd be a maximum of 30 lots and probably less All right, that's all the questions I have for now This man's there someone signed up.

Yes, sir. Mr. Chair, Sara Lapointe. Are you here or online?

He's online sir, I'm gonna unmute her now, okay, I

Hey, good evening, everyone. My name is Sarah Lapointe. I'm a resident of 800 Beaverstone Road. I'm here to represent my interest in those of my community and respectfully ask that this parcel remain a C1 conservation zone. The proposed development is adjacent to a swamp that does, in fact, regularly. While Virginia requires developers to manage stormwater and prevent erosion, those requirements do not eliminate the risk of neighboring homeowners that could ultimately bear the cost if the development increases runoff or alters the water table. There are several significant concerns. First, the increased runoff could damage septic systems. Our community in Beaverstone Road, which was developed in the late 50s, relies on septic, and replacement can cost up to $15,000. Even if a developer were ultimately held responsible, homeowners could still face the significant time and expense of pursuing that remedy. Without plans to put our community on public sewage, this will be inevitable. Second, homeowners may be forced to spend thousands of dollars addressing increased flooding. I know this firsthand. I spent all last summer regrading my property to prevent my garage from flooding, and we are still experiencing flooding, even during this year's drought. Finally, there are important environmental and health concerns. This conservation area supports biodiversity, including bats, possums, that naturally help control ticks and mosquitoes. Protecting this habitat reduces our reliance on pesticides, which is particularly important for our community because we also rely on well water. Clearing the area would also displace wildlife and could push animals out towards I-295, creating additional hazards for drivers. The community has the responsibility to consider the long-term interests of its residents and to avoid imposing unnecessary financial, environmental, and safety risks on the surrounding community. With this current affordability crisis, I would like the council to please consider the burden that this would cause our community. For these reasons, I respectfully but firmly ask the parcel remain a C-1 conservation zone. Thank you very much.

Thank you so much, Madam. Mr. Mayor.

We also have Adam Collett. Mr. Collett, are you online?

Mr. Collick, you can unmute.

Yes, can everybody hear me? Hello? Okay, great. I'd like to keep the purview of this zoning here into strictly the parcel of land that is being considered, not necessarily the surrounding properties. I can't speak to the zoning of my own property here at 800 Beaverston Road. and what was done many, many decades ago to make that determination. That being said, this parcel is unable to be rezoned because it is still suitable for C-1 zoning to protect Enriquez County's national resources, including floodplains. The owner of the parcel's lawyer has not provided any argument for proving that the parcel is no longer a floodplain. He thought the parcel was a multi-hundred-year floodplain instead of a 100-year floodplain and that some of the zoning lines in the area appear to be too straight. If the land is to be developed, as was the stated intention in the first notice of a rezoning hearing I received earlier this year with the planning committee, I'm not confident that the effectiveness of the laws and penalties the county may impose on the developer to guarantee any development of the land will prevent runoff water onto my property, and including but not limiting to parking my septic tank and displacing wildlife, thus protecting Enrico County's natural resources, including those floodplains. Development would also cause financial harm to me and my loved ones in the form of a guaranteed increase in property taxes with only a theoretical potential upside of maybe being able to sell my house at a later date. Something I have no intention of doing, and I won't be able to realize those gains even if it were the case. As a public servant, somebody who works for the state government and has much experience in the working with the finances of government, I understand the tax incentive to have this land developed. But the properties of Enrico County, especially in Shore Pump, are already appreciating year-over-year, wildly outpacing inflation, and effectively provide Enrico County government a cost-of-living adjustment via those taxes to Enrico County's budget for years to come. Do not rezone this parcel. Thank you. Thank you so much, sir.

Go ahead. That's all who signed up. Is there anyone else present who would like to speak to this item? If so, please line up at the podium. Please state your name and your address or location, please. Thank you.

Good evening, members of the board. My name is Ricky Witt. I live in the Verona District at 700 Beverstone Road. adjacent to this parcel being requested to be rezoned. I just need a few minutes of your time. I have, I believe, this high value information. I promise not to keep us here all night, but if you give me a moment to get to this, I would appreciate it. For the families I'm speaking for, this begins and ends with water. Every home in our neighborhood drinks from a private well. When this ground is cleared and the swamp is disturbed, the water table drops and the runoff has to go somewhere. It goes into our wells and into the Chickahominy State Scenic River. That river already has PFAS in it. This county is paying for whole house filters on 28 eastern Enrico homes right now because of PFAS in this watershed. And the county has been here before. A 1966 Rhino Tech thesis on the history of Enrico zoning tells how conservation zoning began. In the post-war building boom, subdivisions were allowed on the floodplains and drainage fields that drained to the Chickahominy. Heavy rains drove those families out of their homes again and again. The county had to buy the land back at considerable cost, and in 1960 it created the C1 Conservation District, put the land in it, and prohibited permanent building there. The thesis says C1 was created from sad experience and that the county paid a heavy price for the mistake. That is why our maps look the way they do today. The county learned that lesson once. Please don't unlearn it tonight. And the state has already looked at this land. I have the Department of Conservation and Recreation's Natural Heritage Review of this property with me tonight. It shows three things. The state's habitat bottle for Swamp Pink covers this land. Swamp Pink is a federally threatened and state endangered, and DCR says it survives in only four counties of Virginia, and RICO among them. It needs stable water levels, and DCR says runoff and sedimentation into this habitat must be avoided. Second, this land sits inside the Chickahominy River stream conservation site, which DCR ranks as very high significance. Third, it sits in the ecological core of very high integrity, which DCR recommends avoiding entirely. That is the state's own assessment. Now look at your own plans. Tonight's agenda says the 2026 comprehensive plan recommends environmental protection area for this property. And six weeks ago, on July 28th, this board unanimously adopted Henrico Next, its environment Environment chapter lists the swamp pink by name as threatened species in the county and commits Henrico to protect the habitants habitats of its rare species and strategy 5-4 says in The county's own words encourage the rezoning of properties in the 100-year floodplain to the c1 conservation district That is the plan you adopted in July Tonight's request is to take land out of c1 cannot adopt that plan in July and approve this plan in September and call both them a reckless policy. Your zoning code says C-1 exists to protect the county's natural resources, especially floodplain and floodway, and it already allows agriculture and forestry. The only thing this rezoning adds is the right to put homes on this land. This planning commission called it consistent with the area. The land around this parcel along the river is zone C-1-2. Conservation is the area. will hear tonight that fema redrew the map in 2024 and this land is no longer inside fema's line fema's line is an insurance line drawn by a model your own code regulates a county designated floodplain beyond fema's with two feet of freeboard and no feel because this county knows fema's line is not the whole story and conservation zoning was never defined by fema it was drawn in 1960 before fema existed on the swamps and drainage fields where the water actually went Moving a line on an insurance map does not move the water. The state's own review says that this land is still swamp pink habitat, a stream conservation site, and ecological core. Those are the natural resources your code C-1 exists to protect. Now, who's asking? Beckley Bluford Investment LLC was filed with the state corporation commission four days before it bought this land. The company created for this one deal, no track record, and it has offered this board no proffers at the commission. community meeting we asked the applicant's attorney one simple question if our wells run dry or our water is polluted who do we hold responsible his answer was that we could sue the future homeowners the people who profit walk away and the risk and the risk lands on the county and on the families already here this board has seen this land before last November you denied 95 homes here after neighborhoods told you what it would do to their wells this is the first step of a staircase Out of conservation, now with no strings attached, back later for density. Please don't take the first step. My final closing statement is, if you are not prepared to deny this tonight, may I continue?

We've got to let it stop. We've got to stop. Yes, sir. Please deny this application. Thank you. Thank you, sir, for your comments. Yes, sir, next.

Good evening. Name's Elmer Hutchins. Live at 813 Beaverstone Road. I really can't add a little too much to what he said, except that he was asking the question of why that line was drawn straight across where it is. If you know anything about the topography of the land there, everything comes downhill from as far over as the airport. And when it gets right to where Beckley Road has been built, it just flattens out. There's not that much of an elevation difference between Beckley Road and the swamp. In 1949, or 59, I'm sorry, former county representatives in a joint effort with conservation groups and landowners had the wisdom and foresight to add the conservation buffer along the Chickahominy watershed to stop the encroachment of developers. And the C1 buffer had to go around some existing developments like Silver Spring Farms, which was established in October 13, 1949, 10 years prior to the C1 zoning along the river. If you change the zoning of this property, you leave it wide open for developers to rezone conservation land all along the Chickahominy watershed. All efforts to preserve the ecology and the environment over wetlands is for nothing. My wife and I have lived in this home for 40 years. And in that time, a lot of development is going around us. Every inch of concrete, asphalt, and rooftop covers that much more ground that cannot absorb rainwater. This affects the aquifers. The more vegetative buffer and filters that remove pollutants, the cleaner our streams and rivers will stay. That's the reason the line was drawn along Beckley as a conservation easement to protect the delicate Chickahominy watershed area and from encroachment of excessive development. Now, let me read a little bit right off the Henrique County website. It's only resource protection areas. It says, RPAs are the corridors of environmentally sensitive lands that lie alongside or near the shorelines and streams, rivers, and other waterways. In their natural condition, the RPAs protect water quality, filter pollutants, reduce the amount of stormwater runoff, prevent erosion, and perform many other important biological and ecological functions. Henrico County drains into two major watersheds, the Chickahominy and the James River watershed. Every unabsorbed raindrop that hits the ground in Henrico County will run off the land and end up in either the Chickahominy or the James River and eventually the Chesapeake Bay. However, the raindrops do not arrive alone. They bring along pollutants, sediments, and toxins and deposit them into the river, protecting RPAs will help to filter and remove pollutants and sediments from the raindrops and keep the Henrico River clean. Like I said, that's right off the Henrico County website. This property is partly in the 100-year floodplain, but a floodway that drains from as far away as the airport running right through it. Now, that's... occasional thing just like you know but you know doesn't show one there but the creek runs right through the property all right I have stated before at other meetings I'll say it again I have seen this property flooding during the storm Gaston water was rushing over Buckley Road like a spillway and for that reason I think would be irresponsible to build in this section we have over 200 signatures on a petition against rezoning of this property and the change in was denied by the Board of Supervisors just a few months ago. Now the same property, St. Omer, has changed to LLC and come back to rezone again. With no plans, no reasons to change it. As you know, the main difference between A1 and C1 is the building of homes. So you know as well as we do that that's what they want to do is build houses. The current concern of wells has been raised. I've noticed over the years my average well level has dropped several feet. This could be due to the construction and excess use in the area. We also had a drought a few years ago that some of the wells in our community did go dry, and quite a few people had to put in deep wells. I don't know if that really helps or not. Has a study been made to see how many more wells can be supported by the aquifers in our area, or do they just keep building until they run out of water? It's happened in other areas. This is just a few reasons we feel the zoning change should be denied.

Thank you so much, sir. We do appreciate that. Is there anyone else that would like to speak to this item? Is there anyone online that would like to speak to this item?

There's no one to speak to this item.

Colleagues, any comments, questions?

Andy, I don't know if you want to try to answer any of those questions.

I just would like to clarify, if I may, Reverend Nelson, I'd like to clarify this property were in the floodplain or the floodway, it would be appropriate to stay C1. However, your own county department of public works has confirmed through the county standards that this specific property is not in the floodplain. And we proved that they were asked for the information. We proved that and it was confirmed. So this will not justify zoning all the C1 property along Chesapeake Bay. The question is, is this appropriate to be A1? And it's not in the floodplain. It's not in the floodway as confirmed by DPW. And that's specific. There's been a number of environmental comments about what this would have an impact. As you know, as you go through the specific subdivision process, we not only have to prove with the Department of Health with respect to wells, but also septic tanks, and also through the Department of Public Works with respect to any stormwater runoff. As a matter of fact, this property owner, on his own volition, has already applied for and is awaiting confirmation for a stream restoration nutrient bank. The very first, regardless of the zoning, it's on the existing A1 property, be the very first privately funded in the Commonwealth of Virginia. He is promoting actually a better environmental situation on any development and will continue to do so. So with that, I think it's appropriate to have this property treated just like every other property in the area that is not in the floodplain or in the floodway and to be zoned A1 consistent with, as we were told at the last zoning, to be development consistent with the surrounding area. With that, I would ask that you approve this case.

Terrell, can you come on up? I've got a question to ask you. The access to the property, is it Washington Street exclusively?

Andy? That's the main access. You can see this property was planned for development with both on the, I think I'm on the east and west. There's a number of stub roads. To do that, we'd have to have substantial improvements. Sorry. We'd have to have substantial improvements on there. So, yes, the answer is as long as it's under 50 lots, we can have single access off of Washington Street. That's the expectation.

All right. Thank you. Hold on, hold on, hold on, hold on. Sorry, just making sure I don't have to call you back up. All right. Thank you. Terrell, the continued statements about the floodplain, can you talk to that? Andy just mentioned you as it relates to DPW.

Yeah, that's something that typically at plan of development, that's something that Public Works weighs in on. We enforce the floodplain ordinance that the county had adopted which includes adopting the current FEMA maps. So this area falls under FEMA. So they, as one of the gentlemen mentioned in, I guess, the public comment period, we received new maps from FEMA a couple of years ago, which were adopted. It included updated flood modeling data based on the current topo. So a lot of what's shown is not currently in the floodplain that was designated by FEMA. So I'll point that out that that was a federal action, which because we're in the National Flood Insurance Program, we're required to have certain ordinances in place and adopt those maps. So that is what essentially governs our floodplain ordinance.

Right. So if we're rezoned and it becomes A1, then it comes back to you for plan of development, and then you follow the FEMA rules about what can be – developed on and what can't based upon this piece. Yeah. You're saying right now what you've seen, you're saying a lot of it is not on. Based on the current flood maps, yeah, it's not in the. So when you say a lot, you mean what, 75%?

No, I think largely I think what's outlined in that black area, that area is outside of the floodplain that's being proposed to be rezoned. Right, okay. So it strictly follows the floodplain line. which is based on the topography. So there's a flood elevation that's set for a 100-year storm. Essentially what the FEMA flood maps is saying is those areas are at elevations above that 100-year flood elevation.

All right. PFAS in the well water. No, you're not doing that. It's Bentley. Bentley, can you come up real quick? And I'm sorry, guys. I just want to make sure I ask all the questions before we go to vote. Have you found PFAS, Bentley, anywhere close to this particular area, if you can remember? And whales, have you even tested whales in this particular community that you?

So I don't have the information in front of me, but I do believe that there are wells that have tested for PFAS, but we have subsequently installed filter systems in them. And just for everyone, that program is still in effect. It's still free, both sides of it, the testing and the filter systems.

Okay. All right. Thank you. Thank you. Hey, Steve. Mr. Yob, can you come down real quick and talk about Swamp Pink? So the last I heard, we had some Swamp Pink, if I can remember, Mr. Man, it was at the White Oak Tech Park. And if I can remember, I thought if an area was designated to have Swamp Pink, you couldn't even develop one. Does that sound right?

It will. Reverend Nelson, we have indeed found, in fact, I've seen them. There's a population of them over near Elko, near south of Portuguese. That particular population primarily grows where there are seeps and springs that provide constant water supply. So it's always the right amount of water, but it's not inundated. And generally, they're along that railroad cut or very near that railroad cut on the one end of the property. I'm not aware of any other ones that we have found in the county, including this property. Now, if they were to get any form of a permit that would require Army Corps of Engineers or DEQ, that would be something they would have to investigate.

Okay, so would that type of permitting involved in this type of plan of development that you know of?

They shouldn't be in those areas working at all anyway because those are going to be the wet areas of the property where, again, you're going to have to have outside of the black areas that we just looked at. That's correct, sir. And you wouldn't want to put a house where a swamp pink would grow because you'd always have foundation moisture.

But my point is how do we, you know what I'm saying, like guess my point is how do we know that um maybe this is for ben i don't know yeah let me let me talk to ben for a second i'm sorry thanks steve i appreciate that yes sir so how confident are we before i don't want to have to defer this but i might have to if i'm not sure

so how do i know that so you've got mr ricky respectfully saying that you got swamp pink on the property you know i'm not sure um so how do how do we know how would we know as mr job stated one of the clear ways towards that determination is if any federal or state permits are required so if there are impacts to wetlands or stream impacts um The applicant stated earlier how they were working through a nutrient credit bank for the stream that goes through the site. My strong belief would be that there would be some at least state permitting involved with that process. Mr. Yobb is indicating that's correct as well.

Yes, sir. If they did do any form of a stream restoration bank, that would certainly involve those environmental permits and they would certainly have to investigate for Threatened and endangered species.

Steve, hasn't DEQ actively identified where the swamp pink is?

The DEQ and the Department of Historic or Natural Heritage has also identified them. Yes, they have maps of known populations. And this goes back to... Yes, sir.

All right. So, all right. Andy, I don't want to do this because I want to move forward with this case, whether I'm agreeing with it or not. but I'm going to have to defer. Now let me say this because I want to know for sure. Let me say this respectfully to the community, to those of you who I've been out to talk to, those of you who are online, respectfully. When we heard this case last year, early this year, we were not talking about well waters as the primary reason. We were talking about density. We did not want to add that level of density in the community, 200 new neighbors. We didn't want HOAs. I heard all of that, and I voted against it. But we knew that a part of this property was A1, and the majority of the houses will be built on the A1 side. So in essence, we're really just talking about 10 or 15 more houses. But to be sure, Um, I'm going to defer this just so I can get 100% assurance with these answers. What, what is the impact? Um, so we already know, Mr. Yob already told me that the closest public, um, sewer and water is like a half a mile away. So you won't, I mean, it'll be a while before I think public sewer and water makes it to you. So what's the impact on your whales? Um, I clearly we can rezone it. Um, I'm not hearing anything to say that we cannot legally rezone this property, even though I've heard twice that we can't. Yes, sir. That's correct. Okay. So, so the impact, um, so Bentley, if you don't mind, can you just check and see the preparation per peripheration of, um, PFAS and, in this particular community and right around before we meet again next week, I mean next month, if I can get somebody to really dig into this whole Swamp Pink thing. Mr. Yob, I think I remember because we really went into, it was a whole block that we could not use at the Tech Park, and this might have been in the last decade. that Swamp Pink was found and it was like, but it was a big thing. And I just have a problem that, not a problem, I would just be amazed to believe and know that there is Swamp Pink here at the level of attention that the federal government paid to Swamp Pink and that we missed it. You see what I'm saying? But if we can just double check on that. So, and I don't want to, I want to be real, right? I denied the case because of density last time, not because of water issues. Now it sounds like, and I'm just going to be honest, it sounds like those who have spoken tonight representing the community are really saying we don't want new neighbors, not we don't want fewer neighbors. And what I heard last time was I don't care if they develop the A1, we just don't want R5 Now you guys are saying I don't even want them to do A1. So let me get the answers because I don't want to negatively impact you. If there is swamping there, then we'll respect it. Whatever these other issues are, we'll look deeply into them so that I can have all the information before I vote. So those are my questions. I don't know if Mr. Chair or anybody else has any questions or comments. Sure. Thank you so much, Reverend Nelson.

Ms. Robich? I'm sorry, I just have one one question and was looking at the map. I do see that water is about a little less than a half mile away public water. But I'd also see a sewage pump station. And I see sewage on Beckley Road. And so I guess I'm asking, probably Mr. Chan for just one quick clarification is, is there A reason why sewage is not offered there? Is it planned in the future? Clearly, we have a pipe there.

Mr. I believe the pump station is not adequately sized to serve the entirety of the area. Mr. Got you. Mr. And the elevations don't allow. So, we would need pumped flow into the station to get it out. But certainly, We'll dig into that and get some information for both you and Reverend Nelson.

All right. I'm sure you didn't think that you would have been called up this many times. No, sir. I apologize. But get your exercise.

You got your steps. Thank you, sir.

Thank you, Mr. Chair. Mr. Rogan, Mr. Nelson, and all the questions from your colleagues.

I move and thank everyone for your answering questions, community members for coming out. So, Mr. Newby, I want to do what I did before previously because I don't want to do this whole public hearing all over again. So how do I do this? I want to defer it for decision only. So I just say that?

Yes, sir. The motion would be I move we defer case such and such to October 13th for decision only at the request of yourself.

And that means what? For the sake of the community?

Yes, sir. It means the public hearing is now closed and that when we came back on October 13th, the board would not again hear public comment. But of course, members of the public could send in emails or otherwise contact you with comments before.

Yes, sir. Okay. All right. Mr. Chair, I move that REZ 2026-100545, Beckley Bluford Investment LLC be deferred to the October 13th, 2026 meeting at the request of the applicant, I mean, at the request of the board for decision only.

Mr. Newman, does that satisfy him? Yes, sir. Thank you, sir.

Second.

I move by Reverend Nelson. Second by Mr. Smith. All in favor say aye.

Aye.

Opposed? Aye. Is deferred. Thank you. Thank you.

Mr. Chair, members of the board, you move on to agenda item 155-26 in the Fairfield District, Imago Dei School, with a conditional rezoning request from M2 General Industrial District to R4C, One Family Residence District, on part of a parcel that contains nearly 8.9 acres of Parcel located near the intersection of, let's see, Dill Road, sorry, and Vaughter Avenue. The applicant is proposing a private school. And before you, we have Ms. Molly Mallow. Molly?

Thank you, Mr. Manager and members of the board. This is a request to rezone part of a parcel containing the Life Church RVA North Campus to allow a private school. Surrounding uses include the Dillon Place and Brentwood subdivisions, the First Union Baptist Church, and the City of Richmond. The proposed Imago Dei school would temporarily operate out of modular classrooms pending a future expansion. The church currently operates out of another church in the City of Richmond. However, they plan to move and expand their operations at the subject site at final build out. Included in tonight's handouts are revised proffers dated September 4th. Changes within these include proffering two potential layouts, option one shown here, or option two shown here, and assurances for native landscaping, a safety fence around the existing BMP, and rezoning of areas within the 100-year floodplain to C1 at the time of POD. The 2026 comprehensive plan recommends suburban residential to an environmental protection area. Although this request is not consistent with these designations, it would be consistent with the existing semi-public uses on the property and compatible with the adjacent neighborhood. For these reasons, staff supports this request, and at their June meeting, the Planning Commission recommended approval. This concludes my presentation. I would be happy to answer any questions.

Thank you so much, Molly. Appreciate that. I see that the applicant is here. You want to share some words?

Yes, thank you, Mr. Chairman. My name is Anne Neal Cosby. I am with McGuire Woods, and we serve as land use counsel for the applicant. We had the public hearing at your last meeting there were some questions related to the modular unit Some of the environmental features of the site and some comfort conservation Questions and so the matter was deferred. Thank you for your time. Mr Chairman meeting with us and with staff we have submitted revised proffers addressing each of those issues and so we We hope that we've addressed those comments. We're happy to answer any additional questions. We've got our team here, but we would ask that the matter be approved. And thank you.

Thank you so much, Anne. This is a public hearing. First of all, colleagues, any questions?

I just have one question. This is a for I'm not sure if staff or the applicant I know this school doesn't or I don't believe it's asking for residential or boarding would that be allowed in this zoning yes so they are requesting the r4 to be consistent with the remainder of the parcel schools would be allowed in r4 they are not allowed in m2 but would the would the school be allowed to be a boarding school

Not to my knowledge. I know they proffered out all residential uses.

They would have to come back for a provisional use permit for that.

Yes. I believe Condition 1 removes single-family homes, group homes as allowed uses.

Thank you, Mr. Chair. All right. Thank you so much. This is a public hearing. Is there anyone present to speak to this item? Is there anybody online to speak to this item?

There's no one to speak to this item.

Thank you so much. Annigan, thank you for meeting with me. Sarah Kennedy is here, the executive director and founder. Molly, you want to speak real quickly about the two options we discussed, and I was more amenable to option two than option one.

Yes, so during our discussion with the applicant last week, they indicated that option two, which would place the proposed modular classroom directly behind the existing church, is their preferred option. This would require that they relocate the existing playground that is located there. but they've indicated that this is their preferred option and would move it slightly away from the houses on Dillon Place.

Can you speak to the wetlands on the property as well as the environmentally sensitive area and us just dying to make sure native plants were still used as well as protecting as much as we can on the property?

Of course. So there is an existing BMP on the property and the applicant has proffered some fencing around there in addition to what is currently there. They also have proffered that the area shown here is floodplain and what is shown on our future land use map as EPA would be rezoned to C1 at the time of plan development. They also, and their proffers handed out to you this evening, are including some native plantings and some other sustainable practices that they would implement.

Thank you so much. Okay, thank you so much. Colleagues, any questions? All right. Thank you so much. I move that RZ2026-100676, Imago Dei, follow the recommendation of the Planning Commission.

I don't think we did it publicly.

I did.

Oh, you did? Okay.

Yeah. Want to do it again?

Mm-mm. You're good.

I move that we file the recommendation to the Planning Commission to approve RZ20261676 in Mago Day School with the revised proffers dated September 4, 2026. Second. Moved by myself, properly seconded by Mr. Rogers. All in favor say aye. Aye. Those opposed, it is approved.

Next, Mr. Chair, members of the board, you move on to Agenda Item 180-26 in the Verona District with Whitehead and Chiaca Properties LLC with a provisional use permit Request under Chapter 24 of the code to basically allow an indoor event on part of a parcel located on the south line of Nine Mile Road near its intersection with New Bridge Road. Ms. Mallow.

Thank you, Mr. Manager and members of the board. This is a request for a provisional use permit to bring an existing business, Occasions 2, into compliance with the zoning ordinance. The site is located in the New Bridge Shopping Center and is zone B1. which requires a provisional use permit for indoor recreation. Surrounding uses include the Coventry and New Bridge Square apartments, the New Bridge Learning Center, and other tenants in the shopping center, including a food line. Included in your packet tonight are revised conditions. These changes include a limitation on the hours of operations for events hosting unaccompanied minors and require that the owner or representative of the owner must check all identification cards to verify ages before individuals are permitted into the venue. The 2026 Comprehensive Plan recommends commercial concentration for the subject site. To address security concerns, staff's recommended conditions include limiting the provisional use permit to one year and require an off-duty police officer or approved security guard during hours of operation. The applicant is also encouraged to continue working with Henrico Police regarding these concerns and the required septet plan. As a result, staff is supportive of this request subject to the recommended conditions distributed tonight. And at their July meeting, the Planning Commission recommended approval of this request. That concludes my presentation. I would be happy to answer any questions.

Thank you so much, Madam. Reverend Nelson, any questions right now?

Just talk through some of the proffers. First of all, I want to thank the owner for the owner police planning for the work that they put in to come into an agreement on trying to make this venue as safe as possible. So was something added today or in the past week? I know.

Yes, so we changed the hours of operation condition to now specify that the limitation was only for events hosting unaccompanied minors. So those events would be limited from 8 AM to 10 PM. All other events would be allowed from 8 AM to midnight by code. And we also added that the owner or representative of the owner must check identification cards to verify ages before anyone is permitted into the venue.

Okay, good. And the owner has security there when they have events?

Yes, and one of our conditions also requires that they have a security guard or a uniformed police officer.

And no open beverages going in or coming out?

That is not a condition we have listed, but I believe based on the discussions with the applicant, that is their standard practice.

Yeah, I think that's something that the operator is committed to as well. Okay. I think that's it, so I don't have anything else. Unless the owner wants to say something before we go to the public hearing part, if that's okay.

Yes, sir. You want to come up and say anything?

You don't have to, but just giving you the opportunity since you came all the way here from the other side of town.

My name is Lois Lewis-Jolly. I'm at 6015 Nine Mile Road. I'm the owner of Occasions 2, as well as other businesses on the Nine Mile Road corridor. I have been in the community for 20 years, almost 20 years as a business owner and an entertainment supplier of that area. We also host nonprofit and community activities at our facility. So I just want to thank the board, staff, the police, everybody who has worked to try to get this under wraps and get us in a place where we are in compliance. We are always willing to comply as long as we understand and know the rules. So I just want to come up here and just say thank you for all the time and effort that has been put into this. It's been a couple of months of trying to get back and forth with it, but just showing my appreciation of a good thanks and we've come to a good agreement.

All right, so real quick, I just have one question for you. And 30 seconds. So you have the event space, but you also have what else? What else do you do that is really creative for the community?

Well, first of all, I own Balloons and Things. And so I have serviced Henrico County with Balloons and Things for many, many years. We do many of the school projects, the balloons, arches, the columns, all that stuff that makes everything festive for the county, we pretty much have been the ones who've been doing it. So I'm always in behind the scenes, so nobody really knows who I am, but I've been around for a long time. Many of people in here may have been a client of mine or I've done a party for you over the years. We do community events all the time. We do trunk or treat for the kids for Halloween for a safe area in our backyard. We do Easter egg hunt every year, almost every year. My sister, who is not here, but she hosts the breast cancer football team thing that we do at Dory Park sometimes. So we have been around for a very long time, and we have serviced this neighborhood and this community for a very long time. And we would like to continue to do so, but we want to make sure we're doing it safely and in compliance.

Thank you, ma'am.

Thank you.

This is a public hearing. Mr. Mayor, has anybody signed up? All right. No one signed up. Is there anybody present that would like to speak to this item? Is there anyone online that would like to speak to this item?

There's no one to speak to this item.

Thank you, Madam. That being said, the public hearing is closed. Reverend Nelson.

Mr. Chair, I move that we follow the recommendation of the Planning Commission and approve PUP 2026100750, Whitehead and, what is this, Cheek? Chalker. Chalker. Properties, LLC, with the recommended conditions.

Second. Thank you so much, Reverend Nelson. It's been moved and properly seconded by Mr. Rogish. All those in favor say aye. Aye. Opposed, the ayes have it. It is approved.

Next, Mr. Chair, members of the board, you move on to Agenda Item 198-26 in the Fairfield District. Imperial Investments Group, LLC, with a conditional rezoning request from R6C, General Residence District, and B3 Business District to B3C Business District. Several parcels containing 2.2 acres. These parcels are located at the intersection of Magellan Parkway and Brook Road. The applicant is proposing general retail. And before you is Mr. Livingston Lewis. Mr. Lewis, how are you, sir?

I'm well, Mr. Manager. Thank you. Members of the board. This is a request to rezone 2.2 acres in the northeast intersection of Magellan Parkway and Brook Road from R6C and B3 to B3C for commercial access and related commercial uses. The comprehensive plan designates the site as government and environmental protection area, reflecting its former use as a DMV branch office. Surrounding uses include residential to the north, east, and south, as well as a future dentist office. The subject property lies at the entrance to the newly developed Retreat at One residential community in an area undergoing significant revitalization and investment. During the development process for Retreat at One and Magellan Parkway, the access to the subject site needed to be moved eastward and ended up overlapping with a remnant sliver of R6C zoning. Because the zoning ordinance does not permit commercial properties to be accessed through residential zoning, The applicant wishes to correct this issue prior to selling or leasing the site. To mitigate potential impacts of commercial operations on adjacent properties, the request includes proffers which limit the hours of operation and prohibit a number of incompatible uses. Based on these commitments, staff believes the proposed B3C zoning would be a reasonable alternative to the government designation in the comprehensive plan and would generally be in keeping with the development pattern along Brook Road. A community meeting was not held for the request, but staff did field a couple of citizen inquiries, and there is no known opposition at this time. The Planning Commission did recommend approval. This concludes my presentation. I'm happy to answer any questions.

Thank you so much, Mr. Livingston, for that. I'll say some things later when we get through the public hearing. Ms. Conley, you want to say anything? Or Kate?

Good evening, Kate Lafayette here with Andy Conlon of Roth Jackson representing the applicant. Thank you, Mr. Lewis, for your overview of history of this property. So when we started out this case, we were just going to rezone the R6 portion of the property in order to be in compliance with the zoning ordinance because we are going to lease this property for commercial use or sell the property for commercial use and you cannot drive through the current strip to access the former DMV property for that commercial use. We sent out 370 letters to mostly the retreat at one neighbors, and we received two responses back, one from a Mr. Higgins. He reached out and felt there are some more intense uses that B3 allows that he did not think were compatible. And then I also spoke with an officer, Pop Rocky, who expressed that a hotel or motel at this location would also not be compatible. So we have deferred a couple times, met with planning, with Mr. Dan Ridge and are now including both the DMV parcel that's behind the access strip that we were originally rezoning for the total of 2.2 acres. With this, we're taking the former DMV building, which is B3 with no conditions on that property and placing conditions on that property. So we're proffering out 19 B3 uses, including intense uses like automobile uses, light industrial, indoor shooting range, hospital, as well as the hotel and motel explicitly, based on the feedback from the neighbors. We're also limiting the hours of operation. So in B3, currently at this site, you can do 24-7, but we're doing from 6 to midnight. as those are the B2 hours, as well as providing some development assurances since we know this parcel is included in the new Brook Road North overlay, so there's gonna be new development coming through this corridor, especially with best products reimagined being built out in the future, so we want this development to be in line with the future development in this area and to be a good steward to the neighborhood. Um, we appreciate all the feedback that we've received from those neighbors, um, and communicating with them. Um, I do think we've reached a really great place. Um, they've been really supportive the last email exchanges that we've received. Um, and we ask you to follow the planning conditions, recommendation or approval. Thank you.

Thank you so much, man. I appreciate that. Um, this is a public hearing. Um, is there anybody present that like to speak to this case? Is there anyone online that would like to speak to this case?

There's no one to speak to this item.

Thank you. So I appreciate, again, the applicant's work to date, but I'm not prepared to act on this tonight. The reason being, I believe that there's several questions that need to be resolved before I grant, we grant a broader B3C entitlement. First, can planning reconcile its recommendation? Just last year, these same 2.2 acres came before us for pro-safe storage. We knew the specific use. We could evaluate the traffic, hour scale, and neighborhood impacts, yet planning recommended denial. Second, the general retail doesn't accurately describe the full entitlement we'd be granting. Even with the current profits, B3C could allow uses beyond conventional retail, including convenience store, car wash, boat sales, fleet terminal, contractor service, industrial laundry, dry and cleaning. Thank you, Mr. Lewis, for clarifying earlier today additional B3 uses as that remains. I'm referring specifically that a stronger proffer if intended use is truly general retail. We have a relevant Fairfield precedent in REZ 2017-0027 back in 2017 involving a property on Nine Mile Road where the applicant sought to move from B2 to B3C but had not identified a specific use. That property was designated commercial concentration and was surrounded by significant commercial activity. Even under those circumstances, planning staff expressed concern that it would not adequately evaluate the impacts without knowing the tenant use. And so I just want to make sure that we can kind of resolve those.

Yes, sir. Understood. Uh, ideally that would be the case. We very often do ask for elevations and specific uses that an applicant has in mind on a property. Um, in spite of that, we, uh, provided a recommendation this evening based on the fact that the case has come a very long way. Um, However, I respect what you're saying and more work is needed.

Okay. Colleagues, any questions, comments? That being said, I move that RZ2026100916 Imperial Investments Group be deferred to the October 13, 2026 meeting at the request of myself. Move by myself, second by Reverend Nelson. All in favor say aye.

Aye.

Approved. Thank you.

Next, Mr. Chair, members of the board, agenda item 199-26 out of the Verona District is DRB3 Trucking LLC with a conditional rezoning request from A1 Agricultural District and B3 Business District to M2C General Industrial District. Several parcels containing 5.9 acres located at the southeast intersection of Darbytown and Miller Road. The applicant here is proposing outdoor storage and Trailer parking. Mr. Seale.

Thank you, Mr. Manager, Mr. Chairman, members of the board. As the manager noted, this is a request to conditionally rezone approximately six acres located at the southeast intersection of Darbytown and Miller Roads from A1 and B3 to M2C for outdoor storage and trailer parking. The property is partially developed with several aging structures fronting Darbytown Road and a large unpaved parking lot to the rear containing commercial trucks and trailers and an undeveloped grass area farther to the south. The 2026 Comprehensive Plan recommends planned industry that carried over with the recent adoption of the 2045 plan, which encourages high environmental quality standards, coordinated design, a planned layout, and minimal impacts on adjacent uses. Surrounding uses include a gas station, convenience store, the airport distribution center, planned industrial facility to the west, i.e. 95 to the east. Residential homes are located to the south along Miller Road. The owner purchased the property in December of 2020 and received a notice of violation of community maintenance in April of 2021 for storing trucks on the A1 portion of this parcel, storing inoperable vehicles and operating without a plan of development and a fence that was in disrepair. In an attempt to remedy the violations, they submitted a PUP application in 2023, excuse me, a provisional use permit to allow for some of those options or some of those uses in 2023, but later withdrew it because they could not cover the entire area needed for the storage that they proposed. Another notice was then issued in June of 2025 for storing commercial vehicles and operating without the required provisional use permit, which remains active. As shown on the proposed concept plan, access would be from Miller Road through a gate to a paved parking area and a large gravel storage lot enclosed by a fence. Two new carports are proposed in addition to existing structures that would remain. The applicant has indicated minor commercial vehicle repairs, such as changing tires, brakes, fluids, and oil, would occur on the site. Altogether, their proposal would convert the majority of the site to a gravel storage yard, as seen on this concept plan. In addition to the concept plan, the applicant submitted elevations and proffers, which would address items such as building materials, sanitary sewer, and right-of-way dedication. The elevations mostly illustrate the existing exterior appearance of the buildings with minor improvements proposed. The proffers do provide several helpful mitigation efforts. However, staff recommends a continued focus on design aspects of this request as it moves through the process. This could help improve the overall request, especially related to elements such as enhancing the site's existing buildings and the site's Darbytown Road frontage, ensuring buffer areas are maximized along Miller Road and the southern property line, and reducing the overall gravel extent, as well as fully enforcing the proffered hours of operation by ensuring after-hours uses are prohibited. Addressing these factors should be aided through a recent change to the proffers which were distributed to you this evening. Proffer 16 has been added, requiring that detailed development plans are submitted and approved in a timely manner to ensure that the proffered site improvements and code requirements are in place, further mitigating potential impacts. The comprehensive plan, as I noted, recommends planned industry, which encourages high-quality environmental standards and that coordinated design I mentioned. While the proposed use is industrial in nature, it would essentially be for a reuse of an aging commercial building and residential buildings with minimal improvements proposed, allowing a significant expansion of operations southward closer to the surrounding residences. However, the applicant has made recent efforts to clean up the property and included several additional commitments, including the most recent change I noted for this evening, as well as a previous proffer detailing the required connection to sanitary sewer. For these reasons, staff does not oppose this application and believes it could be generally consistent with the site's 2026 future land use designation, given the industrial nature of the request and the existing adjacent development. But caution should be considered to ensure that the use doesn't further expand to the south to those properties along Miller Road. I would also note that the applicant held a community meeting in November of 2025 where several surrounding residents attended and spoke about concerns regarding the proposed use, hours of operation, traffic, truck movement, and general site conditions. That does conclude my presentation, and I'm happy to try and answer any questions you might have.

Thank you, sir. I really appreciate that. Reverend Nelson, you have any questions right now? Yes.

The staff's recommendation was what?

Oh. We're not in opposition to this request.

Read what you said. Just read what you said.

The staff... For these reasons, the staff does not oppose this application and believes it could be generally consistent.

Have you ever heard that before?

I read it and I had to check. I was checking all the other ones tonight. I haven't seen that before.

Did we change something up down there?

That is... I respect that. I respect that. That's your way of saying, yeah, we don't necessarily support it, but we're not really against it.

I think staff is recognizing that this is a transitional area that has some existing buildings that are in disrepair, and there could be some benefit to allowing for some investment onto the property that this zoning would allow, but also recognizing that the way it has occurred has not been ideal and that in a perfect world additional property could be accumulated and be more consistent with that planned industrial designation. But also I think it is reflective of the applicant making some strides in the proffer commitments that they've made addressing a number of concerns that were raised by staff throughout the process to try and address screening and other things like that. Certainly, I think it's reflective of a somewhat complicated case where they have been trying to address a notice of violation and other things that are out there.

I'll make sure I let Joe know when you came back how masterfully you explained that just now.

Thankfully, they record these now.

That was masterful. Number 16, can you give me that in layman's terms? What does 16 mean?

So our intent with this, Mr. Nelson, is to ensure that they move all the way through the development review process before they're able to obtain the necessary certificates of occupancy, excuse me, and ongoing business license for this property. What we don't want to do is a simple commitment to submit a plan of development, for instance, would only require that they submit that, not follow through and actually gain approval of those documents. So our intent is to, that POD really does give staff a lot of ability to work through specifics for buffering and screening, other improvements to the site. And this would allow some of those design enhancements that I spoke about during my presentation to occur and ensure that that happens before they are fully legal on this property.

Okay.

So real quick, what's the history? So yeah, explain to me like, How did we get here? Because I feel like we're being very kind. We're being very kind. This was a business that was operating for a while without us really knowing that they were there operating as a business, right?

So the property was purchased in late 2020. At that time, B3 would have allowed some of the uses that are being proposed here. So there is a portion of the site that is currently zoned to B3. pull up the zoning map just to kind of better illustrate that at the corner. That would have allowed some of the uses that the applicant proposes, but not the expanded uses onto the A1. And establishing those uses would have also required the issuance of a plan of development to establish a use on the property.

And we went out and issued a notice when In early 2021. And that came from?

That came from the Department of Community Revitalization from Community Maintenance. Somebody made a complaint.

Yes, yes, sir. Do you have any of the before and after pictures?

We have some late pictures, kind of some recent cleanup that was done. So this was in July. This is in August. I don't know that we have, excuse me. So they've done some cleanup of the back portions of the site where some of the fence stuff.

You don't have?

I don't have the, I don't believe that there's anything in the, on the, which one?

Oh, the, this piece. All right, so the one, go back to that one. So the picture on my left, that was from when? That was in 2020, Mr. Nelson. And the picture on my right is from when?

It's in 2021 after. This is what would have been occurring and what drove the complaint and

initial issuance of the notice of violation so you can see where it kind of expanded beyond there all right thank you is the applicant here good evening mr. chair members of the board my name is Randy hooker with engineering design associates and I have Donnie Blankenship with me here this evening as well, the owner of the property and the business operating at the location. Donnie operates a small hauling business. He hauls water for Niagara, which is on the other side of the Verona Inland Bridge, and that's about 80% of his business. He has a few drivers. The drivers are gone for a few days at a time making their delivery routes. As discussed too, Donnie does do his own maintenance. He does change the tires, changes the oil, changes the brakes, just minor maintenance work. We did agree to tie into the sanitary sewer. But if I may back up for a minute, Donnie did do his due diligence before buying this property. He went to planning and discussed with planning. He wanted to buy the property if he could use it the way he wanted to. He didn't realize that he was moving on to the A1 portion of the property when he was parking the trailers. He was also told back then he would not be able to tie into sanitary sewer. And kind of went back and forth with planning for some time, because I didn't know who in utilities had provided that comment. And sent our own survey crew out, the top of the sewer pipe, has minimum cover today it's like five point six feet you need to have five and a half feet of cover if you'll be in the street so public utilities I think is going to give us a waiver that the pipe would have to be constructed with ductile iron pipe versus PVC which is much more expensive material but by using ductile iron pipe DPU would approve a waiver to extend the manhole to the corner of the intersection of Darbytown and Miller Road.

So you don't have any, so do you have any trucks back beyond, what are those, trees in the middle?

Yes, those are trees in the middle. It kind of breaks up the back part of the property.

Right, so is anything on the back part of the property?

As of now, no, sir.

All right, so you letting the grass grow back there, or what?

It's just grass growing.

I think that picture that you've seen was in the wintertime. Would you mind speaking to the mic? Slide over to the mic. Thank you, sir.

I believe the picture you've seen is in the wintertime, so all the grass was dead. Ain't nothing been done in the back.

So right now, if I go back there, it's all grass.

And I got a little garden, a garden about 50 foot by 30 foot wide.

What's the highest amount of trucks you have back there?

Well, it's nothing back there. But the highest amount of trucks I have on my property now? Yeah. Three trucks, and I got like 15 trailers, but all my trailers are not actually on site. A lot of them are rented out, or leased out, actually.

All right, so the plan to clean up, I'm assuming you're in that process of connecting the sewer and water, cleaning up, et cetera. Is that something that you, can you actually do that? You know what I'm saying? Yes. I mean, if we give permission, will you be able to do what is being asked of you? Everything that's in the proffers, I would do everything. All right, so I was feeling different because I hadn't talked to you. I was feeling different about this before you got up with my guy right there. So I feel better because you're going to make sure that we do what we need to do.

Yes, sir. Do everything they ask, everything that's in the proffers, including hook to the sewer, which is very costly. Very costly because it's, I think, 250 foot away, which is almost the max where I don't have to hook to it.

All right. Well, I don't have any questions.

Thank you both. You may sit down for a moment if you'd like to. Thank you. Thank you, sirs. All right. Colleagues, any questions? Hearing none, this is a public hearing. Anyone here to speak to this item? Is there anyone online that would like to speak to this item?

There's no one to speak to this item.

Thank you so much. The public hearing is now closed. Reverend Nelson.

All right. Invite me over one day so I can see what you do. All right. I move that we follow recommendation of the planning commission and approve RZ 2025-102340-DRB3 truck and LLC with the revised proffers dated September 8th, 2026.

Thank you so much, Reverend Nelson. It's been moved by Reverend Nelson. Is there a second? Second. Seconded by Mr. Rogas. All in favor say aye. Aye. Opposed? Ayes have it. It's approved. Mr. Manager.

Next, Mr. Chair, members of the board, you move into public hearings. Other items. The first item on this agenda, portion of the agenda is 200-26, and this is an ordinance to amend and reordain section 22-43, title reserved of the Code of the County of Henrico to allow the use of photo speed monitoring devices for in school crossing zones. Chief English.

The font keeps getting smaller and smaller. Good evening, Board Chair, members of the Board, Mr. Manager. This ordinance allows the use of photo speed monitoring devices for purposes of recording violations of maximum speed limits at school crossing zones in accordance with Code of Virginia 46.2-882.1. The ordinance imposes a civil penalty of $100 if a photo speed monitoring device finds a vehicle traveling at speeds of at least 10 miles per hour over the posted school crossing zone speed limit while such zone is active. I recommend approval of the board paper. The county manager concurs. And we have Captain Pecker here with me. I'm honored to answer any questions you may have. Thank you so much, colleagues.

Before I call for the public hearing, any questions for Chief right now?

I have a couple. I'd like the record to reflect I've been silent all meeting, saving up my time for this issue. All right, so I've looked at the proposed ordinance, kind of compared it to the state statute, and I note, you know, one, Virginia Code 46.2-882.1 does, it's fairly broad. It's broader than what we're proposing here, specifically that that particular statute allows multiple places where these cameras can be, be implemented, including highway work zones, high-risk intersections, pedestrian crossings to monitor for jaywalking, as well as stop sign violations. So relatively speaking, and I'll start by that, that what we're proposing is kind of a small snippet of what that code section allows.

Yes, ma'am.

That's correct. And the scope of this is speeding in school zones very narrowly.

Correct. That's correct.

Now, this does not expand the definition of a school crossing zone in any way. And it's, to be fair, the code definition of a school crossing zone is fairly ambiguous. It doesn't say like a meters or distance or anything. It's basically any area where it's necessary to protect children going to and from school.

That's correct. But we would have mechanisms that would indicate exactly where that zone is, though.

Okay. Would it be consistent with existing school crossing zones?

Yes, it would.

Okay. I didn't see in here where the hours of ticketing would take place.

Each year we work closely with Henrico County Public Schools and the times are set. So we'll continue to monitor and work alongside our school partners with the set times. for those effective school zones across the county.

Would it generally be an hour before, an hour after, or two hours before, two hours after? It would be tied only to school start and end?

That's correct. The morning and afternoon school zone flashing zone times, which are indicated by our school partners, we would monitor and maintain those times collectively. Okay.

So basically what's in place now as far as when the lights are flashing, would be consistent with the hours that these cameras would be operational?

That is correct.

Okay.

Can I add one point? So, I was at a football game on Friday, crazy crossing back and forward on Airport Drive, thousands of people there, considerations for high impact times around schools too. I'm just throwing that out there. That may be contrary to what my colleague is saying, but I was scared for people crossing after the football game and before the football game on Friday, and it was a sold-out game, so it was thousands of people trying to get across the street to their cars, et cetera. And cars were flying through. It's dimly lit on Airport Drive, so maybe something to consider with super high-impact events.

That's great. Great point.

that's noted something we can definitely discuss I do think just to chime in and mr. Newby because we did talk about this before it does define it I think in the school crossing code 30 minutes before 30 minutes after school am I correct about that I actually did not research that in advance of this meeting I think miss round trees points well taken what's being proposed this evening is what's what's currently happening yeah as far as the flashing lights

And no ticket can be issued under these photo speed cameras unless the cameras show that the lights were flashing.

That is it.

Okay. And so when school is not operational during summer, things like that, or I guess maybe when summer school is in. So I say that to say this is not going to expand when the school zone lights are flashing just because we're installing these cameras. It's going to be consistent with what has always been the law for additional fines in a school zone?

Mr. That's correct.

Ms. Okay. So, I'm trying to make sure I understand the mechanism of how this is going to work. So, camera is installed, a photo was taken, and who was responsible? Would it be somebody from HPD or a vendor? I know we're going to contract or proposing a contract with a vendor for a portion of it. Who actually is responsible for taking it from the photo to a summons?

It's a three-tiered, it is a three-tiered approach. So the vendor, the selected vendor will capture the violation, they validate it, and then it is sent to HCPD, Henrico Police, to also validate from either a sworn or a retired member in compliance with state statute as of July 1st, 2026. Okay.

And when they validate it, they're validating it with what?

They're actually verifying the information, they're verifying the the DMV information for the violation and witnessing that the lights were actively flashing.

Okay. So somebody with the vendor is laying eyes on the photo, checking it with DMV, passing that information on to HPD. Somebody on HPD is laying eyes on it, verifying the photo, verifying the light, checking the DMV registration.

That is correct.

Okay. And then a summons is issued, and I believe it said that – a summons has to be issued within 30 days from the violation. Is that right?

Mr. Yeah. We'll set out operational standards with the selected vendor. But yes, the information is sent to us and issued out within that 30 days.

Ms. Okay. So there is then a rebuttable presumption that the owner is the person driving. So essentially the photo is taking, the camera is taking a photo of the vehicle. and the plate, and there's a rebuttable presumption that it's the owner of the vehicle through DMV that is the driver. And I say rebuttable because the summons and the letter that the person gets says, here are the ways that you can rebut this presumption. One way is to send an affidavit to the clerk of court saying, not me, here's who it is, and you have to include the name and address. The second way is to show up for the court date that is assigned and testify, not me, here's the person's name and address. Is that right? And the statute very specifically says name and address. So, for example, somebody's driving my vehicle and it's, you know, somebody, a friend of my son's or something, and I don't know their address or something, that could in theory be something that fails to rebut the presumption.

That's correct.

All right. So, the statute provides that it doesn't have to be served by the sheriff. The summons can be mailed, and I assume that that would be the practice that is employed. And then there's a court date. If the person no-shows for that court date, they don't get issued a show cause or anything like that, that then causes a second letter to be sent. Is that correct?

That is accurate, yes.

Now, if that second court date is missed, then I would say kind of one of the heavy-handed portions of this is DMV is then instructed to put a hold on renewing the vehicle registration. Okay.

With state statute as of July 1st, 2026, that is an option, and those would be discussed in our operational plan. So we don't know if that's what we're going to do in Henrico yet? So we'll continue to work with all stakeholders to include the clerks, the courts, et cetera, but that is an option to do DMV holds as related to photo speed enforcement.

Okay. Is there some way that me... I don't necessarily pay a whole lot of attention to the mail that comes to my house all the time. Do we have control over whether there's special annotations on the envelope or something that calls people's attention to the envelope to say this is something you need to not just toss?

We would definitely continue to work for best practices with our vendor, the selected vendor, to bring all. And that would also be part of our PR campaign. So we'd work very closely with not only the vendor, but our public relations team for Henrico County Public Safety to ensure that there's not only on social media, but our website, which is forward facing to our public that we serve, as well as our media partners to really showcase how we're implementing this project.

Yeah, it's actually part of the state statute is that it's specifically said you have to put it on your social media, you have to put it on your website, also including, I think, a link to the vendor. Is this something where there has to be like an RFP to a vendor and a competitive bid process, or how is the vendor selected?

There is cooperative agreements throughout the Commonwealth of Virginia, and so we would be able to operate under a cooperative agreement.

Okay. And so how have we already identified a vendor that is preferred?

There are two vendors.

Okay. none of them is flock, right? So, how do we know with a level of confidence that the vendor that is being selected is a vendor that is trustworthy?

Well, I've been dealing with the process and reviewing and interviewing each of the vendors. And for me to stand behind a product, I've toured, spoken with each of the members and really stand behind the product and see their operations firsthand.

Okay. It's also, you look at other localities that may have been using the same vendor. You know, we rely a lot on our partners in law enforcement. They may have already used them, get suggestions and ideas from them, see how it's worked for them as well. And so The vendors that we're looking into, the agencies I've spoken with have not had any issues concerning them.

Okay. And so the distinguishing feature of these cameras is that it is all local and in-house. So it is limited strictly to Henrico County Police and the vendor.

That's correct, yes. Okay.

And the statute actually explicitly bars any of the data from being sold. The data is not open to the public. The data cannot be shared with any other entity, cannot be used for any purposes other than non-traffic purposes.

Mr. Correct.

Ms. And it can't be, we're going to use this photo to prove that this person was in this area for some other purpose or anything like that?

Mr. That's correct.

That's correct.

Ms. All right. And 60-day purge? So how does I saw that and I thought that I couldn't reconcile that in my mind because if the statute allows 30 days for the vendor to issue the summons But the data can be purged within 21 days. How does that work?

It's my understanding is if a summons is issued It's allowed beyond the 21 days if there's a citation issued it goes beyond 21 days

Okay. But in essence, if the vendor has not identified it at 21 days, even though there's nine days left, it's not going to be issued? That's correct. Okay. There is a 30-day grace period from the time the cameras are installed, and that 30-day grace period applies to each specific location.

That is accurate, yes.

Okay. So the rollout is, I assume, not going to be all at once. I know you've identified certain schools that you plan to place it at.

That's correct.

Okay. I know you've given that information to us. Can you share what schools that are planned to be rolled out first?

The plan is to roll out all the high schools and two middle schools, Fairfield and Tuckahoe.

Okay. The statute has, you know, kind of a delineation between July 1, 2027, pre and post. And so it states that until from now, from implementation until July 1, 2027, there is a requirement for one sign to notify drivers. And then after July 1, 2027, it's a minimum of two signs, one of which must include a speed display. And I take that to mean a sign that says you're going X amount.

That's right. Okay.

I thought that was a little, no disrespect to my General Assembly folks, but I thought that it would seem to me that you would start out with more signs because after a year, folks probably would already know that it's there. Do we have the ability to start out with the two signs and maybe even the speed display initially?

Yeah, I don't think the statute negates the fact that we could do more. So if that's what we decide to do, then yes, we could make that happen.

Okay. Okay. And is the thought that we're going to start with those identified schools, see how it goes with the expectation that it would be most of the schools, if not all of the schools in the county at some point?

Yes, that is the plan. The overall goal is to reduce speeds in those locations.

From work session, we did cover the fact that some mostly elementary schools may not lend themselves to because their location. So it's not all schools, but ultimately.

Okay. So some schools may be tucked away in neighborhoods such that there really isn't an issue with speeding.

Correct.

Okay. This does not result in any criminal liability, no points on anyone's driving record, anything like that. And again, even if somebody misses the court date, then the sanction is possibly a DMV hold, but not a show cause, not a failure to appear, no snowballing effect of missing this.

That is correct.

and there is a requirement that every year we provide data to the General Assembly, and I think DMV, if I'm not mistaken, of how many have been issued, how much revenue has come in, so forth and so on.

That's accurate, yes.

Available to the public.

That's correct.

Is there some thought to monitoring that on a yearly basis and seeing, you know, whether this is something that is working, reducing speeds or anything like that?

Yeah, I actually think it would be prevalent for us to do it quicker than that, than a yearly basis. The overall goal is to make sure speed is being reduced in those locations. So the least amount of summonses or citations being issued gives us some indication that people are getting a message about those areas. So I think we would be doing it more frequently than just on a yearly basis.

Got you. I think I understand the process and I'm always trying to make sure that there is a due process element to it. The fine, and I spoke about this in work session too, so the statute by max allows a $100 fine, and so what is being proposed is right at that max. I don't know that I believe that a $50 fine, which I know some neighboring jurisdictions start at, is more... more of a deterrent than a $100 fine. I don't think somebody's going to be saying, well, I'll speed if it's 50, but not if it's 100. But I do think that a difference in that could mean whether somebody is able to pay an important bill on that particular month. And so I do, I would invite some discussion amongst my colleagues as to whether starting at that $100 fine limit, you know, something that we can talk about. I do know some other jurisdictions have a graduated, so if the first one is 50 and then a second one could go up to the 100, is that something we could do?

I think all those options are on the table. I just will indicate, though, that if a police officer stopped you in those school zones speeding, that ticket would be much more than $100 in the court. From a civil penalty to a criminal offense, it would be much higher.

Agreed, but the difference is in that scenario, you're interacting with a police officer. You know that you're getting the ticket. They know that you're the one driving it. You're checking off the boxes for a lot of assumptions that are being made when it's a photo camera as opposed to an in-person camera. So it's kind of like this trade-off to say we don't have the 100% certainty that we do when it's a police officer issuing a citation when it's a camera. And I think a lot of people, you know, you kind of get that visceral feeling. You get something in the mail where a photo was taken of you, and it's like, wait a minute. I didn't know this was being taken. How do I know that I was there? Let me check my calendar. Was that even me? You don't have any of that when it's a police officer stopping you in the moment. So I do think there is a little bit of a justification for, you know, I don't think it's a fair apples for apples comparison to say that the fine should be the same as what it would be for a court process. But, okay, I think that's all of my questions for now. Thank you.

Thank you so much, Ms. Rauchman. Colleagues, anything else you want to ask? Smith.

I have no questions on it. You gave us a fairly extensive briefing in work session about it. To me, all of my colleagues' concerns are valid. I appreciate her expertise in bringing them up. For me, it is simply about what the Chief just said. There's no way, shape, or form I would ever... find myself not supporting a way to keep these kids and families safe, crossing Mill Road, going to Glen Allen Elementary from a neighborhood right across the street. I have a couple of those schools that wouldn't be candidates. Springfield Elementary is one of them, just not a candidate on that back roads. But there's, but Dumbarton, I mean, wow, like Hungry Spring right there, Hermitage, we have a crosswalk that they don't use. They cross mid-block. There's no way, shape, or form I could find myself not being supportive of slowing folks down in a school zone. Resources, this county spends so much money on public safety resources, rightfully so, but you can never put a patrol car everywhere. Chief, we met last week about crossing guards and the need for these things, and the resources just don't exist. The acceptance of technology, It's got to be a piece of this. Certainly the concerns that we just heard are, they're viable questions and they're real concerns. And the purging of the records and the trust of the vendor. I love the fact that our law enforcement officers are going to see it for themselves and validate it. But slowing people down in school zones is a priority, should be a priority of ours. Keeping these kids and folks safe.

Protecting the data with which we do it with should be just as much as a priority.

I don't have a problem with the fine, personally. It's less than if you get pulled over, and I get that. I like the validation that you've added. I like the fact that it's specific to school zones right now. I do. I am with Mr. Nelson on that. After a football game, I can see the purpose of it, and I would like to work with our schools if we could activate these flashing lights. These folks don't just park in these parking lots. They're walking. These folks on Staples Mill from Glen Allen are walking across Staples Mill back to their homes after football games There's a safe signal crosswalk there. Thank you, DP. Thank you, Terrell and Steve, for your work on that. But there's just we have these we have pedestrian problems in this county. We've seen them. We're doing everything we can to fight them. And this is another tool to fight them and slowing people down where these kids and families and adults, adults are crossing. I certainly am supportive of so. I applaud the work on it. I know that this is a topic of discussion among residents. I have residents texting me tonight telling me that they don't support it. I have residents texting me all week saying they do. I get it. I think at the end of the day, the judgment call for erring on the side of protecting people crossing streets in this county when we have seen tragedies. This kid from Hermitage killed on Staples Mill. 75 yards from a signaled safe crossing. I mean, I know that's not in a school zone, but the point is real. So I say thank you. I also would say in response to my colleagues' comments, I appreciate the regular attention to it. Let's stay on it and make sure it's used properly and make sure it's used effectively and make sure it's slowing down speeding. And let's assist our officers out there who are doing a great job every day but can't be everywhere. How many times do I send an email and ask for a patrol car on Libby to sit there because I've got speeding complaints or someone on Stoneman where I know an officer sat on Stoneman for me for a week here and there during high-profile areas. And, you know, using technology as long as it's monitored by you folks and it's used in a trustworthy manner, I fully support it. Thank you, Mr. Smith. Thank you, Mr. Chair. Yes, sir.

Mr. Rogas.

Yeah, just a couple of things. One, Mr. Newby, you maybe had a chance to – Maybe just chime in on my question before. Can we put it in a, like during a football game in Highland Springs or Freeman, et cetera?

Yes, sir. Your memory was very good. I've had a chance to review the code section. It sets default times when school, excuse me, the blinking lights are supposed to be on when school zones are activated and it does allow for such times as the presence of children going to or from a school reasonably requires a special warning to motorists. So I think a discussion with your school counterparts could be, effective in either expanding at times as flashing lights are occurring or just considering the full scope of when they're on.

Okay. Thank you. And then, Chief, can you or Captain Pecker, either one, can you remind the public how many tickets, I think you told us in the work session, roughly 400 or 500 per year, but can you remind us the last couple of years the tickets that you did issue in school zones?

Yes, sir. School year 23-24, there was just under 500, 487 to be exact. School year 24-25 was 700, and school year 25-26, 355. Okay.

Thank you. I guess my last comment, just for the public, and my colleague did an excellent job of summarizing 46.2, 882.1, which is the code. And I just would encourage folks to actually read this because it does give us the authority in a Dillon rule state. The, the, uh, the Commonwealth does give us the authority to, um, to implement this. And it is very well laid out from our legislatures and what we can and can't do. So, um, and thank you, Mr. Roundtree for summarizing this, um, in a very astute way. Thank you. Thank you so much, Ms. Rogers. Reverend Nelson, anything right now?

Uh, yeah, I had, I had, I had a lot of around tree said, Mr. 10 minutes of what I said. All the questions I had, she asked.

Show me.

No, seriously. Seriously, I appreciate your line of questioning and all of my colleagues, everything they said. It's just two things. Anything that we can do to deter speeding. And so I like the $100 because I do think it provides shock value. It may impact somebody, but I guarantee you if somebody get if you get hit with that, you're going to make sure that you slow down next time you are in front of a school. I haven't received a whole lot of don't do this. And I would be shocked if I did get a lot of don't do this. Because one thing I believe most of us want our kids safe. So I'm all for it. And I'm for the $100 fine. And I would like, Mr. Chair, maybe if you can reach out to the school board chair to see if we can expand it during special times. I would assume the schools can look at their calendar and determine when they may have more people and they can put the flashing lights on or whatever. But I know, and Mr. Yobb and Mr. Hughes out Friday night, I know that there's a need to light up Airport Drive some way. We need to put some solar lights or something out there because it is a dangerous place. And I really was worried. It was like watching kids play Frogger back in the day, trying to jump across to get to the cars parked on the other side. And even though Mesa Road is just two lanes, it's the same thing because we have a parking lot across the street from the school.

Thank you so much, Reverend Nelson. Chief, Captain, thank you so much. This is a public hearing. The manager has indicated that no one has signed up to speak. but I have been informed that there are those present who would like to speak. So if you'd like to speak to this issue, we ask that you go back to the back podium at this time. Form a line. If you could just state your name, if you don't mind, and just your general percentage of where you live. Thank you, ma'am.

My name is Victoria Crawley, and I am here regarding the ongoing pedestrian safety concerns on Azalea Avenue surrounding Hemrico High School. First, I want to acknowledge the proposed ordinance allowing photo speed monitoring devices in school crossing zones. I support taking action to reduce speeding around our schools, and I believe that these cameras can be one part of the solution. But I am asking you tonight to recognize that speed cameras alone are not enough for what is happening on Azalea Avenue specifically. The danger I witness is not limited to speeding. Drivers are failing to stop for pedestrians attempting to use the crosswalk even when the pedestrian warning lights are flashing. Sometimes vehicles do not stop until the last possible second. I hear the screeching of brakes when pedestrians are trying to cross safely. I have watched vehicles continue when people are attempting to cross. and I have personally spent time every single day helping students safely get across this road. I have hours of video footage from both last school year and this school year documenting these conditions. I would like to formally submit that documentation, sorry, that footage for review by the appropriate school, county, law enforcement, and traffic safety officials so that you can see what those of us standing on Azalea Avenue are actually experiencing. This is not a new concern for me or this community. My sister and I are both alumni of Henrico High School. We have known this roadway for decades, and pedestrian safety along Azalea Avenue has been a long-standing concern. Unfortunately, the danger at Azalea Avenue and Sandpiper Drive is not hypothetical. On November 18, 2024, 52-year-old Humrico resident Camilla Dawn Nichols was struck and killed at Azalea Avenue and Sandpiper Drive. And there is something particularly important about that tragedy that I want the board to understand. The pedestrian flashing warning system had already been installed at that location when Ms. Nichols was killed. I heard that accident because it was outside of my house. I am still traumatized by what I heard that night. Today, when I hear tires screeching because a driver has not stopped in time as pedestrians are attempting to cross, I am reminded of that accident and how quickly another tragedy could happen. This is why I'm concerned about treating another enforcement or warning measure as though it completely solves the problem. We already have flashing pedestrian lights. Drivers can ignore them. We can install speed cameras. A camera can document a violation and issue a $100 penalty after it happens. But neither one guarantees that a vehicle will stop before someone gets hurt. What I am asking you to consider is what is actually going to make traffic stop so that our children can get across the road safely. And this concern goes beyond one intersection. Henrico High School students cross Azalea Avenue at several different points along the roadway, not just the designated crossing at Sandpiper. We need to look at the entire school corridor and determine whether additional marked crosswalks, controlled pedestrian crossings, or other pedestrian safety improvements are necessary. So tonight I'm specifically requesting trained school crossing guards for Henrico High School. In other words, not myself outside every day. I am requesting an evaluation of where additional crosswalks and controlled pedestrian crossings may be needed along Azalea Avenue based on where students are actually crossing. And I am requesting a comprehensive pedestrian safety assessment of the entire Azalea Avenue corridor. I support the proposed speed cameras. Please approve measures that hold dangerous drivers accountable. Please do not mistake enforcement after a violation for prevention before a tragedy. We have the footage. We have the near misses. We hear the screeching brakes. We already have pedestrian warning system. And at Azalea Avenue and Sandpiper Drive, we have already lost a life. Our students should not have to gamble with with whether an approaching driver is going to stop just to safely get to or from school. Please do not wait until another student, parent, community member, or another pedestrian is seriously injured or killed before deciding that stronger protections are necessary. We should not need another name added to the list before we act. Thank you.

Ms. Corley, thank you. Stay right there real quick. So you and I and Mr. Young are supposed to be meeting

Yes.

You got my email?

Yes.

All right. So Mr. Hughes is our director of works. I want to just already inform you that we have already done the traffic study. We have some things in works for that specific area. So you, myself, Mr. Young, and Mr. Hughes are going to meet, and we're going to talk to you about that. Okay. Is that okay?

Yes, it is.

Thank you so much.

Thank you.

All right.

Are you ready for me? Yes, sir. My name is Michael Keegan, and I live in the Three Chop District. I wrote this whole thing before I listened to Ms. Nelson in the meeting tonight, and this will be adjusted on the fly. While the idea of ticketing speeders in school zones in order to have safer school zones for our students is commendable, there are many unanswered questions behind this seemingly innocuous change. While students may indeed be safer from speeders, Inappropriate use of the camera images may put large segments of students and their families in considerable danger. This matter should be delayed until the following questions are answered publicly and the public has a chance to review and comment on the answers. What company will be providing the cameras to be used? Will the cameras be part of the flock network, either directly or indirectly? What prevents our vendor from sharing data with the flock network? Where would the data be stored? Will Henrico County have 100 percent control of the data at all times? Will the data ever leave Henrico County? We all know that once the data leaves Henrico County, the county immediately loses all control of how the data is used. What agencies outside the Henrico Police Department will have access to this data, directly or indirectly? exactly which positions in Henrico County will have access, for what purposes will access be granted beyond speeding tickets? What supervisory controls will be put in place over those who request data? A Kentucky police officer was arrested after using flat camera data to track his ex-girlfriend 2,048 times. Some may brag that the officer was caught. But the officer was not caught the first 2,047 times he accessed the data inappropriately. That is not a success. That's an absolute failure. I've heard that the data will be stored different amount of times. How long will the data be stored with certainty? When the data is deleted, will backups of the data and the backups of the backups also be deleted at the same time? Will the images be taken only of those who are speeding, or will everyone traveling through the school zone have their license plates captured and tracked? Where will the cameras be installed? I heard some different things tonight, and I wasn't sure I followed it all. It sounds like most of the schools, but I'm not trying to put words in anybody's mouth. Historically, black and brown communities are surveyed far more than white communities. How will Henrico avoid over-policing communities of color? The City of Richmond refuses to disclose where their flock cameras are installed, but it is thought that 11 of the 12 census tracts in Richmond with the most cameras are majority non-white. What are our plans? What testing and controls will Henrico be using to prove that the cameras are only being used as explained to the public? What testing and controls will be used by Henrico County to prove that the data from the cameras is only stored in an appropriate manner? Will Henrico ensure that the Department of Homeland Security and Immigration and Customs Enforcement be prevented from using the data? Or will Henrico be helping to build the surveillance state that Palantir and ICE so love to take advantage of? This almost certainly will help keep our students safer from speeding. But there's more than one way to be kept safe. An audit of Columbus, Ohio's network of cameras found it had been searched over 15,000 times for immigration purposes since 2024. Another abuse of flock data occurred in May of 26 in Texas when a search was done to find a woman who authorities believe had a self-administered abortion. Flock camera data was searched, including flock camera data of states where abortion is legal. I understand the need for immigration enforcement and fighting crime. I'm all for it. But I will never be in favor of armed men with masks abusing American citizens and abusing legal immigrants under the guise of immigration enforcement, especially if they are using our camera data. If DHS and ICE will have any chance of having access to these cameras' data, Henrico County should kill this proposal immediately. As of today, I have no reason to distrust the Henrico Police Department. I actually have been delighted every time I have dealt with them. But I have every reason to distrust DHS, ICE, the City of Richmond, and many other police departments. We need to be sure we know how this data will be used. So far in Virginia, six localities have rejected flock cameras. Charlottesville, Stanton, Harrisonburg, Elkton, Warrington, and Floyd County. I urge this board to do the same. If you can't reject the matter tonight, at least delay the vote until more public information has been released about the questions I have asked tonight.

Thank you so much. We have to move on. Thank you. Yes, sir. Thank you for that. Is there anyone that would like to speak to this item? Is there anyone online that would like to speak to this item?

Yes, I have one individual, Ms. Sarah Ramsey.

Okay.

I post cameras because they turn ordinary citizens' movements into government data. Every time someone drives past one of these cameras, their vehicle and license plate can be recorded, creating a searchable history of where innocent people have been, even when they have committed no crime. The Fourth Amendment protects us from unreasonable government searches and And the Constitution does not give government unlimited power simply because modern technology makes mass surveillance possible. There is a fundamental difference between investigating a specific suspect and continuously collecting information on everyone. I'm not against law enforcement solving crimes. I'm against treating every citizen like a potential suspect. If the government wants to track an individual's movements, it should have to meet constitutional requirements, not simply point a camera at the public and collect the information automatically. Public safety is important, but constitutional rights are not optional. I fear that this is another sinister mass program that

under the guise of public safety thank you thank you so much um for your comments madam uh anyone else if not yes one individual miss katie albright okay uh hello can you can everyone hear me we can hear you um so i would like to second some of the Um, concerns that have been raised by other residents. Oh, I forgot to mention where I'm from. Um, I'm Katie. I live on new market road. Um, within almost within walking distance of Varina high school. Um, but not currently due to the lack of a connecting trail. Um, I would like to second some of the concerns that have been raised relating to the flock, um, like web system. I would like to second the concerns of, you know, the fact that these aren't necessarily prevention. Um, but I would also like to mention the fact that I live on a state highway and, um, the state highway is not part of the school zone. So if I were to ever have to be able to walk to school, which will be a possibility after I believe 2027, when a connecting trail is built from the Capitol trail to Varina high school, once that trail is built, I live on the opposite side of new, of new market road from the Capitol trail. So I would have to cross state highway in order to, reach the Capitol Trail when the connecting trail is built. And I would like to propose that crosswalks be implemented along near Varina High School along New Market Road for drives like Allegro, what is it, Burning Tree Road, and other residential streets that don't necessarily have a safe way to cross the street. Um, thank you.

Thank you so much for your comments as well. Uh, is there anyone else online?

No, sir.

Thank you so much. That being said, um, this public hearing is closed. Um, um, captain, can you answer a couple of questions for me real quick? So, so, um, chief is you want to come up as well? If, if, The vehicles that are passing this machine, right, because I've passed it on the Burnham going by Limwood-Holton. If a vehicle is passing the machine, if it's not speeding, there will be no pictures taken. Invisible. So the passing cars 24-7 are not being videoed and stored.

That's correct. By state statute, at least 10 miles or over. Okay. If you're going under that... Nine miles and under, you're invisible to this camera system. How does the technology do that? Each of the cameras that we're seeking are LIDAR, which is light detection and ranging. This is a pinpoint accuracy, which would photograph the rear of the vehicle, capturing the license plate of that vehicle. in which we would get the information from Inlets or DMV, the Department of Motor Vehicles, to get the information there.

So we're not just taking random pictures. We're not storing data of the cars that are passing by. We're not sharing this information to a broader network of camera systems feeding into like a national database, if you will, correct? That is correct. That is correct. We are not. All right. Thank you. Any more questions from my colleagues?

Chief, didn't you share some data when we talked about this a couple of weeks ago, a month ago? Didn't you do like a study or something for each school? We did.

Let's see if we have that data.

Are you looking for the number of violations?

Chief, you can go to the mic, please, Chief. Sorry, are you looking for the number of violations that were issued at each school or in that area?

Um, well, I had a specific question in, in, um, and I get it. I appreciate the questions about, um, this, I hear that often about flock. It's, um, uh, and I, and it, it, it is historically real that, um, citations, incarcerations disproportionately impact minority people, um, More than they do non-minority. So that's a fact. But I was, when we did this particular exercise, I was surprised. I think that one of my schools is one of the lowest, wasn't it? If you go and look at the one on Airport Drive.

Yeah. I'm looking, looking through it now is, is actually, it is the lowest of the amount of violations of all the high schools that we did a study on. Well, with the exception of Godwin, Godwin was the lowest.

But you talk about Highland Springs, which is 80% African American. I mean, the community is going through their majority African Americans. And ironically, that particular zone had one of the lowest speeding rates, um, which means that if we were using this system, it would have had the lowest level of accounted speeding violations.

That is correct.

Yeah, and that is very much an area highly frequented by African Americans in our community. And I know that was just a test or a trial, but that jumped out at me when we talked about this exercise.

Yes, and just to make your point, a lot of the Western schools had a much higher daily rate of violations than many of the schools that you're referring to. So it would not be disproportionate in terms of the violations.

Thank you. All right. Anyone else? We're about to vote on it. Okay.

Thank you for all of the information, and thank you for everyone that spoke. I will say this. This is not a discussion about flock, and you all know how passionate I am about the flock conversation, and I hope that not too much time passes before we have that public conversation. But because I care so much about the flock conversation, I do not want it conflated with what this is because it, in fact, tends to harm the actual and legitimate flock conversation in my mind. There are, you know, law enforcement cannot be handicapped in doing its job. I certainly don't believe that. And school pedestrian safety is an extremely important topic. It's one of the frequent things that residents reach out to me about. And it doesn't, you know, to Mr. Nelson's point, this is not a situation where, you know, I've got a concern that we're disproportionately choosing schools in minority districts to put these cameras or anything like that. There's, you know, I think probably, and I'm just, you know, spitballing here that, you know, schools in my district probably have a higher number of young drivers to school, driving to school, and that may be a reason why there's a higher ticketing amount there. Um, so I say that to say, this is not flock. Now there were questions that need to be answered to make sure that this is not flock adjacent, so to speak. And that's why I asked the questions that I asked, because I do think we all need to be reassured that this is a safe insular network, that this is not something that there is a risk of the data being beyond the control and the purview of Henrico County, that it won't be used for improper purposes. I spent a lot of time looking at the state statute, and you can tell that they took a lot of care to try to make sure that there were limitations to it. I frankly have a lot of respect for the fact that our police department could have said, we're going to put everything that's allowed in the statute into this ordinance and cast as wide a net as possible and put cameras everywhere that we can put them. And they didn't do that. They selected one category out of the several categories that the statute permitted those cameras to be placed very narrowly tailored. And that is something that, as a lawyer, is very important to me. Any ordinance, any law should be narrowly tailored to address the concern that it is purporting to want to address. And so in this aspect, we are talking about how can we make our schools safer for children and families that are traversing to and from. As a criminal justice advocate, I try to minimize, and I think it's an important... practice to try to minimize interactions in person between law enforcement and the public to the extent possible. And so cameras, speed cameras, can do that if done carefully and with due process in mind. I have residents reach out to me all of the time that say, can we put a police car in our neighborhood all the time? Can we put a police car in front of the school all the time? And one, we don't have the resources to do that. But frankly, even if we could hire 8,000 more police officers, I still wouldn't support putting a police officer in front of every school or at the top of every neighborhood to monitor those things. Because again, that is not what effective policing is meant to look like. We're not trying to make this look like a police state. And so that is very clearly what, to me, I am satisfied that this is not what this ordinance purports to do. I do think that it is narrowly tailored. I do think that it is equitable. I do think that there are due process provisions that are built in. I think that there are protections. I think that it is, you know, quite frankly, in many ways, the diametric opposite of flock and highlights some of those deficiencies in a system like that that are not present here. My one heartburn, again, as I said, was starting out at the maximum fine because, again, I'll just put it on the record, I don't think that a $50 versus $100 does actually have a deterrent effect. We saw that with cash bond, right? The amount of money that somebody has to pay for a bond doesn't necessarily make them more or less likely to appear for court. So the amount of the dollar, I don't think, would translate to a deterrent effect in this. And I am sensitive to the fact that for some people, a $100 fine could be very impactful to their household in a season of rising costs all around. But I am gleaning that that is not the will of my colleagues. And so I am not going to hold up passing of the ordinance or my vote in approval of this ordinance on that one issue. It is on the record that if I had had my druthers, I would have had a lower starting fine. But that is the commentary that I will make on that tonight.

Thank you.

Thank you, ma'am. Colleagues, any other comments? If not, is there a motion? Sure. Move the ordinance. It's moved by Mr. Smith, seconded by Reverend Nelson. All in favor say aye. Aye. Those opposed? Ordinance approved.

Next, Mr. Chair, members of the board, Agenda Item 201-26 is a resolution. In this case, condemnation for easements. This is for the Mount Olive Avenue realignment project, which is in the Fairfield District.

Mr. Anthony. Thank you, Mr. Manager, Mr. Chair, honorable members of the board, ladies and gentlemen. This board paper would authorize condemnation proceedings for the property that is needed for the construction of the Mount Olive Avenue realignment project. All of the heirs have not been able to be located. The county has offered the located known legal heirs just compensation, but the located legal heirs do not have clear title to convey the property. Directors of Public Works and Real Property recommend approval of the board paper. County Manager concurs. I'll be happy to answer any questions.

Thank you so much, Ms. Anthony. This is a public hearing. Is there anyone present that would like to speak to this item? Is there anybody online that would like to speak to this item?

Yes, and I want to speak to this item.

All right. Motion approved. Sorry, motion approved. Second. Then move by myself, seconded by Reverend Nelson. All in favor say aye.

Aye.

Opposed? Resolution is approved.

Next, Mr. Chair, members of Board 202-26 is also a resolution, condemnation for easements for the Mount Olive Avenue realignment project, separate address 8831 Trolley Lane, again in the Fairfield District. Mr. Anthony.

Thank you once again, Mr. Manager, Mr. Chair, honorable members of the Board. This one is associated with the previous one. It's the same situation. The county has offered the located legal heirs just compensation, but the located legal heirs do not have clear title to convey the property to the county. Directors of Public Works and Real Property recommend approval of the board paper. The county manager concurs. I'll be happy to answer any questions. Thank you, Ms. Anthony.

Again, this is a public hearing. Is there anyone present that would like to speak to this item? Is there anyone online that would like to speak to this item?

There's no one to speak to this item.

Thank you, Madam. Public hearing is closed. So move the resolution. Second. Move on my second. Myself seconded by Mr. Rogich. All in favor say aye. Aye. Those opposed? Resolution is approved.

Next, Mr. Chair, an item that was deferred from the August 11, 2026 meeting, and this is a resolution for declaration of surplus property, 2510 Hartman Street in the Fairfield District. Mr. Anthony.

Thank you once again, Mr. Manager, honorable members of the board, and Mr. Chair. This would declare the vacant lot known as 2510 Hartman Street in the Montezuma Circle subdivision a surplus to the county and authorizes the sale of the property to the Scarlet Violet LLC for $1,900. The buyer owns property across the street, and the county has no need for this property. The Real Property Division has processed the request of the Department of Public Works Utilities. Without objection, the Director of Real Property recommended approval of the board paper. The county manager concurs. I'll be happy to answer any questions.

Thank you, Ms. Anthony. This is a public hearing. Is there anyone present that would like to speak to this item? Is there anyone online that would like to speak to this item?

There's no one to speak to this item.

Public hearing is closed. Mr. Anthony, I want to defer one more time. Can I do it one more time, Ms. Benjamin? Yes, sir, if that's your will and pleasure. I'd like to defer this item until October 13th. Very well. That's my motion. Second. Move by myself. Second by Ms. Rogan. All those in favor say aye.

Aye. And deferred. Next, Mr. Chair, 194-26 is an ordinance that amends and reordains certain sections of the county code to update maximum discharge limits, establish requirements for PFAS discharge monitoring, and conform to federal regulations. Again, this item was deferred from the August 25, 2026 meeting. Mr. Chan, that deferral was due to allow DEQ to go through a process?

Yes, sir, and we've gone through that process. No comments and an approval from DEQ.

Thank you, Mr. Chan. Members of the board, any questions so far? All right, this is a public hearing. Is there anybody present that would like to speak to this item? Is there anyone online that would like to speak to this item?

Ms. Snow, I want to speak to this item.

Thank you so much for that being said. The public hearing is now closed. Is there a motion? Moved by Ms. Roundtree. Seconded by Reverend Nelson. All in favor say aye. Aye. Opposed, ayes have it. The ordinance is approved.

Next, Mr. Chair, you would move into public comments. We do have several individuals that have signed up to speak. I'm going to ask Ms. Mary Morrissey. Ms. Morrissey, are you here? Yes, ma'am, if you would. And for those of you that have not spoken in the past, the board does ask that you begin your comments by stating your name and address for the record and that you limit those to a five-minute time period. Ms. Morrissey, welcome back.

Thank you for remembering me. I'm a little tired, been up really early to go to school. This is my 37th year of being a teacher for Henrico County. Very proud to be a teacher. Last time I was here, I spoke about my father. First of all, I'm Mary Morrissey at 1701 Urban Drive. I live in the Tuckahoe District, but work in the Three Chop District at Shore Pump Middle School.

Go ahead and say it.

One of Lennox's favorite teachers.

Lennox's favorite teacher. Yeah. Lennox's favorite teacher. Last time I was here, I spoke about my father and... When I was in high school, overhearing my parents, when I wasn't supposed to, talk about my dad getting a possibility to move out of Henrico County to another state to relocate, and my parents talked about how they could not move from Henrico County because of the schools, the government, and a wonderful place to live. I'm going to bring back to my father again tonight, because when I was young, he taught me about Murphy's Law. Murphy's Law is when something, expect something to happen because it can. I feel like I'm here tonight to talk about the HVAC systems in the Henrico County Schools. And I know this might not be the first place to talk about it, maybe the school board, but I assure you teachers have talked about it to school board members. I'm on the TAC committee. I've talked about it at the TAC committee last year when our school system started with HVAC problems, and we continue to have it today. My concern is, When issues happen within our school system, we don't plan for those issues to happen. We just wait for them to happen. We pray that they don't. We keep our fingers crossed, hoping that they don't. Our buildings are different. They're older. Shore Pump is now 35, 36 years old. It looks brand new, but it's not. If Dr. Bosher was here, he would tell you that the HVA system at Shore Pump Middle School was never, never at full capacity, and it was never the correct size for the building. So we feel like, as teachers, that we're always putting on Band-Aids. We're never really planning for what could occur. My dad taught me to be prepared. Have that jumper cable in your car. Have those things ready. When we sit on the TAC Committee and we hear from leaders in the county that have to do with HVAC and we ask questions, we never get an answer. We get the reasons why things can't be fixed quickly, things can't be addressed. I understand those reasons, but I don't get to hear the plan. I don't get to hear the, this is what we hear from you, this is what we know is happening, and this is how we're going to address it in the future. I feel like that's what's missing, and I feel like the board and the school board need some type of way to come together to cover the over 70 buildings with all the different problems that they have. And that's missing. I'm the classroom that was on the news last week that was 92 degrees. That is an impossible way to work with children. I'm freezing in this room. I had to put on my jacket. Teaching in a 92-degree classroom all day long is miserable. You can't feel better. There's no place to go. You can't get cooler. How can we bring something together that involves a little bit more expertise on the HVAC level, mechanical, electrical, plumbing engineers, people that can apply current ASHRAE standards? I feel like there's something that's missing, and that's the expertise. that understands the systems and it's not just the technicians that are told this is what we do because this is the step one to do it. How can we bring something together to form a coalition between the two groups, the school board side and your side, to bring something together to bring these facilities at a more efficient way when problems do occur and stop waiting for them to occur I feel like at home, if I don't take care of my car and have that maintenance, if I don't take care of my body and see my doctor once a year, something's going to happen. I feel like we wait for it to happen, and then we panic. That's why I'm here tonight. I didn't ask any teachers to come support me. I said, Mary Morrissey's going to come. She's going to speak up because she's not afraid, because some people are. And I just wish that we could hear more about it in a way that was... giving us solutions instead of waiting for the Band-Aid to come. Thank you for your time.

Thank you so much, Ms. Morrissey. We definitely hear your concerns. We empathize for those working conditions. I think your voice is being heard. So thank you.

members of the board, Mr. Manager, and your leadership team. I did not come here today to speak to supervisors or deputy county managers or any government department heads. Today I came to speak to men. I'm going to reiterate a message I shared at a recent school board meeting. On the morning of Thursday, September 17, the campus of Virginia Randolph is hosting 100 Men Day. The mission is to engage the male students in meaningful connections and conversations with men who can listen to these young men's wishes, hopes, and needs as they may be willing to share. Your participation feedback will tremendously help our efforts to identify and recruit resources that will help meet the needs of Virginia Randolph students. We're excited St. Peter Baptist Church, Jesse Casey's home church when he served as Virginia Randolph principal, is once again on board We also feel blessed to have the support of another AVR principal, Dr. Bill Parker, who organizes the annual College and Career Workforce Fair hosted at St. Paul Baptist Church. Our goals include helping these young men receive meaningful voices in their lives that can provide guidance, opinions, and feedback toward academic and workforce development opportunities. To men of faith, though I became free, I belong to no man. I make myself a slave to everyone, to win as many as possible. To the Jews I became like a Jew to win the Jews. To those under the law I became like one under the law, though I myself am not under the law, so as to win those under the law. To those not having the law, I became like one not having the law, though I am not free from God's law, but I am under Christ's law, so as to win those not having the law. To the weak, I became weak to win the weak. I have become all things to all men, so that by all possible means, I may save some." 1 Corinthians 9, 19 and 22. To men of faith, please help us make sure Allah, Elohim, Yahweh, and the Holy Trinity are in the room. The exact modern word mentorship does not appear in scripture, The Bible heavily endorses the concept through discipleship, wisdom sharing, and generational teaching. God designed spiritual growth to happen in community where mature believers guide, train, and set godly examples for younger ones. Older believers are called to invest in the next generation so spiritual truth continues. The Quran also does not use the word mentorship. but it strongly endorses the concept through the pursuit of beneficial knowledge, humility and learning, and seeking guidance from those with greater wisdom. Any man willing to donate at least 90 minutes of his time to help us build bridges in these young men's lives, please go to the campus of Virginia Randolph website and register. Please help us build this mission to support one of our greatest historical legacies, something that would make Virginia Randolph herself proud. I thank you in advance for this consideration.

Thank you so much, Mr. Beasley. When I was on the school board, I participated in that, and I'm going to participate on the board of supervisors. And I wanted to say real quick, when you talk about mentorship, two of my mentors are here. So my driver's ed teacher, Harry Sharper, is here. I'm a Sharper driver. That's Mr. Sharper. And my little league basketball coach is here, Mr. Angelo Cuffey. He used to be the principal at Radcliffe Elementary School. So I am a product of mentorship of great men who had sons themselves but poured into people like me. So definitely want to support that.

Mr. Chair and members of the Board of Supervisors, my name is Phillip Jordan. I go to St. Peter Baptist Church at 2040 Mountain Road. I'm a North Chesterfield resident, 1453 Avondale Woods Drive.

We don't take Chesterfield addresses here. You can just keep that to yourself.

Okay.

All right. Scratch that from the record.

But I represent the men's fellowship ministry there at St. Peter Baptist Church as well as other churches because we have a Bible study every first Saturday that not only invites men from St. Peter but men from other churches. And we feel this is a great endeavor to get re-involved in, to go to Virginia Randolph, not only be mentors, but be example to these young men. Our men's fellowship would like to reach out to these young men, as well as involve them in the community activities and events. We strongly urge that the committee support all of this, because these young men are going to be part of what we bring in terms of our legacy. I happen to be 70 years old. I may not look it. I may look older, may look younger. I don't know. But part of what I'd like to do is to make sure that our men of faith are involved in this project. And I think you're well aware, the little history I know about Virginia Estelle Randolph, she actually started Sunday afternoon school services there at Virginia Randolph. So that's a very powerful message to me as well as others. So I thank you for this opportunity and hopefully that you'll support our endeavor.

Thank you, sir.

Good evening, board. I'm Reverend Remy Chu, Jr. I am a member of 6 Mount Zion Baptist Church. I grew up in Richmond, Virginia. And the reason I'm standing here now is because I had great mentors. I had men in my community that looked out for the young men who guided us, who showed us the right way. If we're going to change things in this city, we're going to have to have a lot of mentors, men that do not mind stepping out and talking to these young brothers and trying to guide them the right way. Six Mile Zion Men's Church School is going to be there, and we're going to bring positive energy to that room so that young men can see black men standing there who really want to guide them in the right way. So thank you for listening, and thank you for having me.

Thank you so much, sir. We appreciate that. Ms. Benjamin?

Anyone else? I believe online. Is there anyone online that wishes to address the board?

Yes, sir. I have two individuals online to speak.

Before those two come out, I'll say a hand to another gentleman inside. Yes, sir. Please.

While he's coming up, Mr. Chair, you said two of your mentors was here. Actually, and I didn't even know it, but I've got three members here tonight. So I just want to let you know that... Beasley didn't claim us, but he is a member of Six Mount Zion Baptist Church.

You might want to check his status.

And Reverend Chu and his beautiful wife, Lorraine, are here. So thank you guys for coming out tonight. So you see now that I have another job. So don't tell nobody else.

Yes, sir, just tell us your name and you may begin.

Yeah, my name is Greg Contos. I live in the Hillandale neighborhood. intersection of Paramount Patterson, just the southwest side of that. And I am here on behalf of myself and the Tuckahoe Area Safe Streets Advocacy Group to ask Henrico County to petition VDOT to look at lowering the speed limit on Paramount Patterson from September Road in the south to Lawndale Drive in the north and from Bridal road in the west to Mayberry Drive. There's three kind of large reasons why I think it would be good or necessary. One is limited sight lines. Like if you would go down Parham Road, and this is why I got involved, from my road turning right onto Parham, there isn't enough distance to see oncoming traffic or for oncoming traffic to see your car. given 45 miles an hour. And I looked up some of the highway regulations and suggestions, and it falls short in poor weather conditions. So if you're looking at wet conditions, it's too short for standards. And there's also hills up north of Walmart, and September Drive is even shorter. You can't see anything. There's a light there, but if you don't pay attention to the light, you can't see anybody. And then there's another big reason is just the density there. So if you look at the number of ingresses to the road, counting them up, I pull them up on Google Maps, they go over that same American Association of Highway Officials number of egresses to the road. They enter into an urban arterial pattern. They recommend a speed limit of 35 miles per hour in that zone. And the third reason is just pedestrian traffic. So you look at Parham Road between Eastridge and Cuyacosin, and there's kids going from the high school there across Parham. It's a 45 mile an hour road. They have four lanes to cross on foot or on bike. There's kids at Mayberry who are crossing the same four lanes across 45 mile an hour traffic. And on Patterson, you also see a lot of people going from the apartment buildings to the shopping. So there's a lot of people with baby carriages and stuff crossing the road across 45 mile an hour roads. Those are my reasons. And I think even though it's just a speed limit and people say, well, nobody's going to follow the speed limit, I think there's a lot of people who are just looking at Google Maps on their phone. It says 45. They go 45. I think by lowering it, you're going calm traffic in that area. Thank you for your consideration. Thank you for your time. I know it's a late night.

I'm sure Mr. Rosen will say this.

Mr. Chair, I think I did receive an email either today or yesterday from you. And I'm sure that Mr. Hughes and I will be getting back with you this week. So stay tuned. Thank you.

Thank you. Thank you for that. Yep. Yes, sir. Come on.

Good evening. My name is Patrick Oxnay. I'm 2105 Maplewood Road. I proudly called Lakeside home since 2004. Over the past few months, I began talking with other residents who were active in Lakeside and cared deeply about this community. What started as a few conversations has grown into a shared commitment to do something constructive for Lakeside. Lakeside has more than a century of history and character entirely on its own. It is still a place where neighbors speak to neighbors, Local businesses feel personal, and people care deeply about what happens here. This is something worth preserving, but it also is something that cannot be taken for granted. This is why we formed the Lakeside Community Council, to create a consistent place for residents from across Lakeside to come together and to work with local businesses, identify shared priorities, and turn those conversations into a constructive path forward. Our purpose is to make it easier for Lakeside to have that conversation and help carry it forward. I'm introducing the council tonight because the work must include Henrico County. There are important plans already shaping Lakeside, including the Fall Line Trail, and more decisions will follow. We want to build that relationship early while there's still time to talk, listen, and work together. Where important decisions remain open, we hope there will be room for conversation before they are finalized. As we organize larger community meetings, we will be reaching out to Supervisor Cooper, the board, and county staff, and we look forward to working together in the months ahead. We want Lakeside to continue growing in ways that meet our community's needs while remaining community-rooted, business-supported, and uniquely Lakeside. We are the Lakeside Community Council, and we are ready to do the work. Thank you.

Thank you so much. Would you ladies like to speak as well? You just stand in support of him. So do you have your contact information and everything? All right. Give it to me. All right.

All right.

I'll take it. Give it to Deputy.

We had dinner at Lakeside today or from Lakeside today, right? We did.

Yes, ma'am.

Well, and I would just say I'm Lori Valenti. I'm at 2704 Maple Woods on the other end. And, you know, I've worked with you all in the past with Reverend Thornton.

And so. I think he's Mr. I'm Reverend. So just.

He's Mr. Mr. Thornton.

Don't make him a preacher tonight. Don't do that.

I just know him as that. So anyway, we're glad to be here. We want to work with you all, and we're hoping to meet the needs of all the people and businesses in our community.

Well, I'm excited that you all have organized, and I'm looking forward to working with you all.

Thank you. Sir.

All right. All right, another hour's late. Anyone else present that would like to speak before the board tonight? Is there anyone else online that would like to speak to the board?

We have two individuals online to speak, sir.

All right.

All right, first is Ms. Sarah Ramsey. You can unmute yourself.

I filed my brief in response to the county's demur today and submitted a copy for tonight's meeting minutes. I find it appalling that you all are willing to spend tax money to keep a recycled hazardous waste byproduct in the drinking water. Moreover, Henrico claims that they have no constitutional obligation to provide pure water as defined by Virginia law. So their conduct cannot violate the Fourth Amendment. When taken into this logical conclusion would insulate plainly egregious conduct from constitutional scrutiny. It would permit a police officer to conduct a welfare check, sexually assault the homeowner, and then evade liability by asserting, I had no constitutional duty to conduct the welfare check in the first place. Likewise, it would allow a teacher to molest a student and avoid a bodily integrity claim by arguing, I had no constitutional obligation to be a teacher. These are not abstract hypotheticals. Our court has faced both scenarios and found constitutional violations. I allege that the county, through its own affirmative conduct, knowingly introduced contaminated water into residents' homes, misrepresented its safety, and thereby deprived them of their bodily integrity. The due process clause squarely prohibits such conduct. The well-pleaded facts in my complaint allow us to draw a reasonable inference that Henrico has been deliberately indifferent. These allegations are conscious shocking. For years, Henrico, based on the advice, expertise, and decision-making of public officials, knowingly contaminated otherwise clean water with fluoride, pumped the toxic water to its residents' taps and told them it was safe to drink. This is not a case where the government had to make a split-second response to an unforeseen event. Instead, this crisis in eastern Henrico was a predictable harm set into motion by alleged decisions that took place over a series of days, weeks, months, and years. I conclude that a county may not introduce toxins into the water, pump the water to people's homes, and lie about the water's safety. My analysis further relies on the specific facts at issue. The county's actions occurred over a significant amount of time, and by the time the county shared information about the water's safety, they knew it to be false. In brief, people generally trust that their tap water is safe until told otherwise. The county introduced toxins into the tap water and pumped it to people's homes. People drank, cooked, and bathed in that water. The county and its officials then lied about the safety of the water, deceiving residents into consuming the contaminated water. Based on this alleged conduct, I conclude that there is a plausible claim that Henrico violated folks' rights to bodily integrity. In light of the Supreme Court's vast bodily integrity jurisprudence, the Sixth Circuit held that taking affirmative steps to systematically contaminate a community through its public water supply with deliberate indifference is a government invasion of bodily integrity of the highest magnitude. Any reasonable official should have known that doing so constitutes conscious shocking conduct prohibited by the substantive due process clause. And I will finish with this. Mr. Rogish mentioned earlier that you follow, Virginia follows the Dillon rule. I think by now you guys have recognized there is no state law that legally authorizes you guys to intentionally purchase a recycled hazardous waste byproduct from Univar Solutions who gets it from Nutrien and intentionally contaminate our public drinking water. The Water Works Regulations defines hydrofluorosilicic acid as a type of pollution. I think this is a problem, and I find it to be egregious that you are now spending tax money on three attorneys to fight this to keep contaminating the water. Just this week, two localities got off the fluoride bandwagon. When are you guys going to get with the program?

Thank you so much for your comments. Is there anyone else online?

Yes, sir. Katie Albright.

Hello, I'm back again. This time to talk more so directly about Flock and its direct impacts on on communities like Henrico County. Recently, hold on, sorry, my dog is like annoying me right now. He's really in my face. Okay, sorry, I'm back. So it has been, sorry, it is documented that Flock County has and continues to pose threats to the citizens of America and including Henrico County through multiple means. One being the AI repeatedly misreading license plates resulting in innocent people being held sometimes at gunpoint under the assumption that they are committing a crime which they have not committed. It has also been used many times to stalk romantic interests by police officers. I'm not saying that that has happened in Henrico County, but that is something that has been documented to happen before. And no matter how many restrictions you put on it, there will always be a way to get around those restrictions, whether you frame a romantic interest as a suspect in a crime, or if you just frame it as investigation for a different crime. There will always be a way to misuse that information. And I feel like my problem and a problem I feel is shared among a lot of people is not necessarily even just that, not necessarily just the fact that this database is where every car in America has been in the past month. is so accessible, but really the fact that it exists at all. I'd rather not. I go to Martial Arts World Henrico on south of Burnham and Williamsburg, and right outside the parking lot, there is a flock camera pointed such that in order to get into the parking lot of the shopping center this dojo is located in, you have to pass the flock camera and get read by it. And so you can use that kind of data to figure out exactly what someone's daily life is pretty easily. If you see that someone's license plate consistently every week for the past month has gone past this one camera and turned into this one parking lot, you can assume that That more than likely they are going to somewhere within that parking lot. Maybe it's the dojo or maybe it's the nursing class next door. But that would tell someone with malicious intent what someone would be doing at a certain time. Um... These cameras also, as I said before, they misread license plates. As a resident shared with concerns relating to the speed cameras, I'm going to repeat what they said. A Texas woman's license plate was searched over, I believe it was over 4,000 times across 4,000 license plates across multiple states, or a across 4,000 ALPRs, across multiple states, including states where abortion was legal, to track this woman who they believed had got an out-of-state abortion. And, you know, that's not okay, in my opinion. And another thing is, I feel like people attribute this, attribute Flock to just the corporation flock, but it is not just flock that is making these. Um, that's why sometimes I'll say L ALPRs instead of flock cameras. Flock is just the, is just, it's a case of a brand name being used as the generic name. When people say flock, what they're really referring to is every ALPR, whether it's made by Axon flock, Motorola, whatever company. And, um, Personally, I think that all of those types of cameras should be banned in Henrico County due to the safety risk, breach of privacy, and general ease of misuse of these cameras.

Thank you so much for those comments. We appreciate you. Is anyone else online?

There's no one else to speak on WebEx.

Thank you, Madam. Public comment period is over. Mr. Manager.

Mr. Chair, seeing no other comments, you move into your general agenda. Your only item tonight is agenda item 203-26, which is an introduction of resolution, receipt of budget amendments for the month of September 2026. Mr. Crawford. Thank you, Mr.

Manager. Good evening, Mr. Chair, members of the board. As the manager noted, this is the introduction... of budget amendments for fiscal year 27, the customary September amendments. I will note that these do include reappropriation of unencumbered funds. Those are $7.8 million of the requested $32.5 million total. Of the nearly $25 million in new amendments, $13.6 million is in capital projects. bulk of which two requests, $6.6 million of revenue share funding from the Virginia Department of Transportation for a roundabout project at Route 5 in Duran, and then $3.2 million for additional apparatus needs for the Division of Fire. And then of the remaining $11.2 million, $10.7 million of that is within our special revenue fund, the bulk of which is federal and state funding that was not anticipated during the budget process. So with that as an overview, if this resolution is approved, it will authorize the advertisement of these amendments and set the public hearing for the board's next meeting on September 22nd. I'll be happy to answer any questions.

Thank you so much, Mr. Crawford. Colleagues, does anyone have any questions for Mr. Crawford?

Justin, could you go into detail on each of the 11 pages, please?

Second. So moved. It's been moved by Reverend Nelson, interrupted by Ms. Rountree. Seconded by Mr. Rogish. Aye by Mr. Schmidt. Thank you, Mr. Schmidt and Mr. Rogish. Colleagues other than her, all in favor say aye. Aye. Mr. Manager, any other business on the meeting? No other businesses. Meeting is adjourned. Have a great night, everybody.