Coraggio Consulting
Henrico County Board of Supervisors Regular Meeting, Tuesday, April 8, 2025

Date: Tuesday, April 8, 2025
Place: Henrico County Board of Supervisors, Virginia
Length: 3h 32m (video)
Official meeting video (Swagit): https://henricocountyva.new.swagit.com/videos/339507
Official agenda (Henrico County): https://henrico.gov/pdfs/manager/meetings2025/040825ag.pdf
Official minutes (Henrico County, regular meeting): https://henrico.gov/pdfs/manager/meetings2025/040825regmins.PDF
Agend-O-Gram, Apr 22, 2025 (records the Board's approval of these minutes): https://henrico.gov/pdfs/manager/meetings2025/4-22-25Agend-O-Gram.pdf

Machine transcript (speech-to-text) produced by Coraggio Consulting. Not an official county record. Names and numbers may be misspelled; check the video at the timestamp before quoting.
Speech-to-text: whisper.cpp, model large-v3-turbo. Produced 2026-10-25. Timestamps are [HH:MM:SS] into the meeting video.

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[00:07:54] Welcome to the March 11th meeting of the Henrico County Board of Supervisors. In a moment, we'll begin, as we always do, with our pledge and our invocation. But I want to take a moment to remind folks that are in the room today that public comments will be given from the lectern in the rear of the room.

[00:08:11] For everyone who is online and watching via livestream during tonight's meeting, you too can participate remotely. Please visit the Board of Supervisors webpage at henrico.us/supervisors, click on Guidance for Board of Supervisors meeting, meeting scroll down to the webex event where our moderator will help you out and let you know when it is your turn speak we will again begin with our pledge of allegiance so please join me if you're able and please remain standing for our invocation which tonight will be brought to us by bryson

[00:08:43] smith chaplain for enrico county police division pray with me most holy and loving god as we gather this evening for the business of our local government we give thanks for the opportunity and privilege we have as we gather with great care and consideration for our local community and our citizens. We give thanks for the members of the Henrico County Board of Supervisors and

[00:09:22] their great people committed to our community. We give thanks for their work for our shared progress, safety, and growth. In every area and division of our local government, we ask for health, protection, wisdom, as many are often placed in harm's way. For the decisions and conversations before these leaders tonight, give them wisdom and understanding. We know and trust that they are here because they care for our community.

[00:09:46] Bind them together in unity to help serve the people of Henrico County. Give these leaders the strength to work for progress so that they do not fall victim to partisanship. Give them courage to work for justice and righteousness for the people of Henrico, leading the greater metro area and our commonwealth and beyond.

[00:10:06] We pray for all the people of our community that they may know they matter and have worth. May the people of our community know they are cared for and not overlooked. Bring healing and hope to us as we work diligently for the goodness of our community. We trust in the gift and power of hope even in the midst of brokenness and oppression.

[00:10:25] There's much hurt in our world. This space has to be used for good. Help us to use it for good now. On this night, make us all instruments of your peace. Where there's hatred, let us sow a great love of neighbor and friend. Where there's darkness, may we bring light so that all may be seen and see.

[00:10:43] We ask all of this in your holy and loving name. Amen.

[00:11:02] Chaplain Smith.

[00:11:19] I will accept a motion with regard to the approval of the minutes from our March 25th regular and special meetings. I'll move. Second. A motion made by Mr. Cooper, seconded by Mr. Rogus. Those in favor say aye. Aye. Any opposed? Mr. Minitor. Mr. Chair, members of the board, I do have one comment this evening, and I'm going to ask our Fire Chief, Jackson Boehner, to come forward with any other representative that is here from fire as well.

[00:11:45] So this may be news to the folks that are attending as well. So I'd like to take a moment this evening to recognize our Division of Fire for receiving the Excellence in Fire Service Award from Governor Glenn Youngkin.

[00:12:03] Henrico Fire's award was in the overall department category signifying the division as a leader in the state. In fact, they were the first ones to receive the award that evening. Our Division of Fire is highly regarded, known for its dedication to training and regional partnerships.

[00:12:24] They responded to over 55,000 calls last year, and fire has maintained international accreditation for over 25 years. The department has been instrumental in supporting large-scale statewide training events, ensuring fire service personnel across Virginia receive advanced and essential training, as mentioned on the governor's website, when he acknowledged the award.

[00:12:50] I also want to recognize, Chief Boehner, you have an ISO rating of 1, which results in significantly lower insurance costs for those that own homes and pay homeowners insurance. So the awards were presented March 31st and in person to accept the award, and this happened by somewhat accident, where firefighters Charles Bridgers, Joe Crisp, and Grant Alexander, all from Fire Station 1 C-Shift, Governor's Office asked them, you look up here to drive a bright red shiny newer firetruck to the mansion and

[00:13:29] joining me were was assistant chief Mike Crawford those three young men drove the truck in there they made sure not to run over any of the grass in front of the mansion which was a difficult task and then we asked him to come in and accept the award which they didn't expect I did take the opportunity to to send the mayor a text in jest asking him if he couldn't get any city fire trucks into the governor's mansion that evening, and I have yet to receive a response, but we like to kid every now and again. Chief, I just want to congratulate you on everything that you all continue to do.

[00:14:09] I know you've got some words for the board and the folks that are here. Yes, thank you, Mr. Manager, Mr. Chair, members of the board. It's a huge honor for the Division of Fire to receive that award. I think it really goes a testament to all the men and women in the Division of Fire, all the work they do every day, 24 hours a day, 7 days a week, 365 days a year, and all the civilian staff that supports the operational staff out there.

[00:14:31] That's the backbone of the Fire Department. It's incredible. So really, thank you. We appreciate the recognition, and we have a lot more good work to continue to do for this county. Thank you, sir. Thank you, Jay. Thank you. Mr. Chair, I have no other comments this evening.

[00:14:50] Thank you, sir. Any comments from my colleagues? I do have one. Actually, I have two. Are you going to mention Student Government Day tomorrow? Okay. Well, tomorrow, I'm not an expert on Student Government Day, but I do know every year we spend time, General Government and our school division,

[00:15:18] We each, whether it's the board of supervisors, school board, department heads, trying to give our young people in the county the opportunity to see what we do on an everyday basis in the county. So all departments, and Victoria, I think you're kind of leading that effort this year, all of the departments generally have somebody on that day shadowing.

[00:15:47] So we'll have hundreds of young people here tomorrow on campus, not just here but on our school side. I did want to shout out board colleagues. Do any of you all have any of your shadows here tonight? I do. You do have one? Madison.

[00:16:02] Yeah, it would figure that you would mess up my speech. I thought I was about to get ready to say I had the only mentee here tonight, the shadowing, Ayana. For Ray, I do want to shout out, Ayanna is here.

[00:16:20] Stand up, Ayanna, so they can see you. She's a Rolanda High School student. She'll be in this chair tomorrow on our, she'll be leading us as a board of supervisor member tomorrow, and she came tonight to get a, to get some insight.

[00:16:40] She'll learn how we make motions and all that good stuff tomorrow, so that she, I mean tonight, so that we'll help her with tomorrow. But I did want to shout out, all of us will have young people shadowing us. our deputy county managers and everyone. It is a great time.

[00:16:59] After doing this for so long, I've been able to look back, see some of the young people that have come through shadowed now there. Some of them are working for us. They've done incredible things in our communities, and so we're excited about that. Second thing is I do have a comment on residential solar.

[00:17:20] Residential solar program, In order to assist our residents with greater access to sustainable technologies and to help reduce their energy bill, last year the county secured $5 million to provide residential solar to low-income households as a part of the White Oak Technology Park rezoning in the Verona District.

[00:17:40] A program known as Solar Access Henrico launched last month to bring this commitment to fruition. Solar Access Henrico is charged with installing new solar panels on homes of residents who may not generally be able to afford them countywide.

[00:17:59] Henrico is working with Dominion Energy Solutions to get residents enrolled in the program and signed up to receive their free solar panels. We expect about 200 to 250 homes to get solar panels through Solar Access Henrico.

[00:18:14] The process is easy. Complete a form on the Dominion Energy Solution website, and you will be contacted to go over eligibility and get you enrolled in the program. Some of the factors being considered determined if your home is eligible include age and condition of your roof, structural integrity of the home, tree coverage, orientation of the home, and valuable panel space on your rooftop.

[00:18:42] As far as an average utility bill savings, I'm sorry, a lot of variables go into this, but the range is expected to be $700 to $1,300 in the first 12 months after the solar panels are installed.

[00:19:00] In over two decades, it could be between $23,000 and $45,000 if you stay in that particular place. This program not only has a monetary benefit, but also an environmental one. For example, the solar production of the program reduces greenhouse emissions from 3 to 6 tons per year, or 3,500 to 6,600 pounds of coal burn.

[00:19:25] This is another way the county continues to demonstrate its commitment to environmental sustainability. You can find more information about this by going to Henrico.gov and searching for solar access Henrico. Those are my comments, Mr. Chair.

[00:19:40] Mr. Chair. So, well, first, I've got to now have my intern stand up, Madison. Please show yourself. Thank you for being here. And for my second announcement, if I can have a little bit of leave, I would like to honor somebody that I asked to be here this evening, Mickey Pleasance, if you wouldn't mind coming to the podium.

[00:20:08] So as Ms. Pleasance comes up, I want to introduce her to you all. She is just retiring from the Henrico Court Services Unit, and so it's a little unusual. Mickey is an employee or was an employee of the Department of Juvenile Justice because of the way that that is structured, but she worked in Henrico Court Service Unit for 36 years, 36 years.

[00:20:36] got a degree from VCU, go Rams, and has advanced training in mediation, restorative justice, dispute resolution, and family counseling. Through her 36-year tenure in the court services unit in the juvenile court, Mickey essentially ran the place, worked her way up, served in a lot of different roles, most recently as senior expediter, which is basically just the go-to person. If you needed something done in court services, Mickey was the go-to person. And not just for, obviously,

[00:21:13] I'm an attorney there, but the bench called upon her when they needed expert knowledge on something. And probably even most importantly, the families and the juveniles in that court system knew that Ms. Pleasance was somebody that could be relied upon. She could be trusted. She was sincere, cared. She was tough as nails when she needed to be, and with that group, you know, you need to have the right blend of tough and loving, and she was that to a T, is that to a T. With her

[00:21:50] co-workers and staff, and I see some came here to support her today, I know her presence will be sorely missed. She was a get-it-done person throughout the unit, and even with us attorneys, she had joked how every year she would cajole us into donating school supplies for the back-to-school drive and literally it would be walking around you know with this box like come on guys put put some paper and pens in here but she was always organizing lunches and baby showers and health focusing on wellness and healthy living for people that are work that were working in the unit as well also very involved with the henrico police athletic league with pal and i know that that's

[00:22:28] been something passionate for has done thanksgiving food boxes toys for tots christmas angel tree Basically, Mickey, whenever she learns of a need in the community, she will reach out. She's sent me messages before and said, hey, I'd like to get involved with something. I don't know how she's fitting something else on her plate, but is there something that I can do?

[00:22:47] This is a well, well-deserved retirement, and we've had several talks throughout the years about this coming, and much to the sadness of those of us there, she's done it, but so well-deserved. And in as much as, you know, she was kind of in this space of not being a Henrico employee, but the county of Henrico and residents being so indebted to her service, I felt that it would be appropriate to have her honored here this evening.

[00:23:14] So if we could allow her perhaps to say a few words if she's willing to do so and give her her roses. Words can't express how I feel, and much I am honored and appreciative of this recognition.

[00:23:33] It's definitely been my pleasure to work with the youth of Heronica County in the last 36 years. They have been the driving force for me. My kids grew up, went to the schools in Heronica County, so it was important that the rest of the kids were a part of what I got to be brought up to.

[00:23:51] Thank you. Just one comment and one correction to make has been brought to my attention, and I should probably, when I welcomed you all to our meeting here a minute ago, I was looking at minutes and notes from the last two meetings, and I welcomed you to our March 11th board meeting.

[00:24:18] For those of you who are paying attention, it's April 8th, so please note for the record, Madam Clerk, the correction, that today is April 8th. My apologies. My comment tonight, folks, colleagues, members of staff that are in the room and tuned in with us today, residents who are in the room and tuned in with us today, today the county announced formally, and it's my honor to share the news today, that an honor has recently been bestowed upon our county manager when we learned last week that Mr. Fotokas is being recognized by Virginia Business in its inaugural Virginia C-Suite Awards program.

[00:24:53] He and other award recipients will be formally celebrated on June 5th at the Jefferson Hotel. Now, he would not want me to share this information, but I'm going to do it anyway. Folks, these awards recognize Virginia-based executives who consistently demonstrate remarkable leadership skills as well as integrity, values, vision, commitment to excellence, organizational performance, and community engagement when i think about these characteristics certainly i can think of no one who embodies them more than our county manager does i consistently refer to him as the best county manager in the country he daily checks boxes that this county and these residents so

[00:25:28] rightfully deserve we know this as board members because we're often calling him in the early mornings and evenings and in my note and letter of support for this award i wrote that john's physical daily presence in our parks at our community meetings at town hall events and quite remarkably nearly every evening there's an event that he speaks to his genuine speaks with his genuine soul and his love for his community he can be heard from time and time again at these functions stating that community starts here and his daily actions both promote and support that type of approach without a doubt as i mentioned the manager will be the first to say that this award is shared with our staff and our community and it certainly is he talks about how government

[00:26:08] and public service are about teamwork and collaboration and it certainly is they're also about what we can do together as a county and a community, and there's certainly a lot of truth to that. It is also abundantly clear that it matters who the people are that are chosen to serve in positions of leadership, and John has been the county manager in this county since his appointment in 2012. He's been a leader within our county for much longer than that, and RICO is recognized continually throughout the country for being a great place to live, work, play, and visit. Our fiscal management, budgeting, and bond ratings are elite. Our tax burden is the lowest of the low,

[00:26:46] providing incredible value for the great services this county provides to our residents and our businesses, from outstanding public schools to public safety, transportation, public utilities, community development, and more. Each of these are reflections of the county manager, his vision, and his commitment to excellence, his attention to detail, his limitless energy, his caring heart, and his absolute devotion to the community that we all call home.

[00:27:09] Congratulations, Mr. Manager, on this incredible honor, and we look forward to celebrating with you the first week in June. So before we move into the business of the people this evening, I invite everyone here in the board meeting, and those who are at home, I'd love to hear you loud and proud through Zoom or through WebEx as we and my colleagues salute our county manager.

[00:27:25] Congratulations, sir. That wouldn't make you happy, sir, so I hid those comments from you all day.

[00:27:49] I don't think I blushed since I was a teenager. I do want to thank you and the members of the board and the members of the staff for everything you continue to do on behalf of our county um you know i i have the opportunity to be part of an organization um that not many others in my position do my parents live down the street um i went to school here uh i know many of the staff um from those days and it is entirely personal but the people that we have assembled uh on the staff are the absolute um they're the most

[00:28:28] remarkable group of people i've ever been around i do know i started with mr nelson back in 2012 i made him a promise years ago that will remain between he and i but i certainly hope i have kept that promise to you and so mr chair without further ado um we would move into no you would recognize what media is here thank you sir before we move into presentations i do this one's a special one today i'm really really pleased to read this one i know there's members of the media tuned in virtually tonight. So thank you all for your coverage. But also, I want to welcome

[00:29:05] Joseph Gillette to the room here tonight. Joseph is right down here to my left. Joseph is representing Godwin High School as he's here writing for the Godwin newspaper, the Eagles Irie. And folks, I can only hope that your example here, Joseph, on reporting for our local high schools at our government meetings, transmits across to multiple more high schools and multiple Moore newspaper. So Joseph, thank you for being here today. Mr. Manager. Mr. Chair, members of the board, we would move into presentations. Your first item is agenda item 99-25, which is a

[00:29:41] resolution, and this is commending the Verona High School cheerleading team. This resolution commends the Verona High School cheerleading team for winning first place in the CIAA ultimate cheer and dance experience battle competition and i know mr nelson is going to be presenting this resolution with gusto thank you sir mr nelson as mr nelson begins may i mr nelson may i have a motion to approve this resolution

[00:30:13] motion by ms roundtree second and by mr cooper those in favor say aye all right any post thank you sir resolution cares mr nelson all right this is um a resolution of the board of supervisors of henrico county virginia commending the varana high school cheerleading team whereas on march 1 2025 the varana high school cheerleading team won first place in the central intercollegiate athletic association ultimate cheer and dance experience um competition at the baltimore convention center in baltimore maryland and whereas varana high school cheerleaders were

[00:30:52] the only team from virginia to participate in the invite only ciwa competition and whereas they defeated eight other teams from maryland and ohio and earned a two thousand dollar award championship jacket and a trophy and whereas the following members of this year's championship team worked incredibly hard and demonstrated exceptional talent fortitude determination and focus under intense pressure in achieving victory in the ciwa ultimate cheer and dance experience battle competition t asia jackson team captain jamesha wilkins captain amira clement amira mayas china

[00:31:31] johnson braylon winston samara jones amira akbar alia russell and diana atkins hopefully i didn't mess it up but if i did charge my head and my heart and whereas t asia jackson team captain won the ultimate cheerleader award including a plaque and a gift card and whereas head coach Stacy Barnett and assistant coaches Mariah Kenton and Odyssey Hodge dedicated a lion's share of their personal lives to serving as effective and enthusiastic mentors, motivators, and instructors while preparing the team for competition and whereas around the district

[00:32:09] and the entire Henrico community are tremendously proud of the team and applaud the team's members for mastering their craft, building positive relationships with other teams, establishing a national benchmark for excellence in cheerleading all while maintaining the highest earned grade point average in the Verona Athletic Department for 2024-2025 school year.

[00:32:35] Now, therefore, be it resolved that the Board of Supervisors of Henrico County, Virginia, hereby extends its hearty congratulations to the Verona High School cheerleading team on earning first place in this CIAA Ultimate Cheer and Dance Experience competition and commends the team for exhibiting superior sportsmanship, unparalleled work ethic, and a can-do attitude during another remarkable, memorable, and highly successful season.

[00:33:10] Signed by our chair, Mr. Dan Smith, Board of Supervisors, our clerk, Ms. Tanya Brackett, on this day, April 8th, 2025. Now, before I bring you up, because I'm sure there's somebody here who may say this doesn't have anything to do with government.

[00:33:25] It does. you guys are an essential part of our community and you're not just the future you are out right now i've watched you work with a spirit of professionalism um in multiple ways throughout the school year this year when i'm at whenever i'm at varina and you guys are doing anything it's always in the spirit of excellence and i know um i didn't even know about the highest gpa until i read this resolution but i but i felt it just by looking at you guys and knowing that the persons that are working with you um and all the time they put in i don't know how many of you

[00:34:02] all are seniors but we are wishing you six seniors how many seniors where are you put your hands up we are wishing you well wherever you're going off to school um and do know that your county government does recognize you and recognize your efforts i want you to take this plaque and i want you to hang it up with pride and verona and and hopefully young ladies or whoever will be a part Young ladies or men who will be a part of the cheerleading team will look back and know that y'all did something significant.

[00:34:33] Now, I have little mini-resolutions for you that you can take and put them on your wall. And it's cool. Only in white gold government, our staff came up with this. It didn't cost a lot of money. Because I'm telling you, somebody in here is going to look at this in a negative way.

[00:34:51] All of us signed some congratulatory notes, and take this back again. Just know that your government, your leaders are paying attention to you and what you're doing and the benefits you offer to the community. So y'all come on up so we can take a picture together.

[00:35:08] This way, you think?

[00:35:24] Yes. You know what? We're going up. So you guys go up. Take one and go up. Are we taking this? Yeah, we're going to take that, too. I hope we don't run out, though. Yes, congratulations. I'm not bringing this.

[00:35:41] Somebody's not here.

[00:35:42] I told the ladies it's a school night, so they can go home.

[00:36:53] Members of the board, it is a proclamation for National Volunteer Week.

[00:37:26] This proclamation recognizes April 20th through the 26th as Volunteer Week and salutes and thanks each and every volunteer for the time, talent, and resources contributed to meet the critical needs of our communities. And our chair, Dan Schmidt, is going to present this proclamation to Victoria Davis Community Engagement and Volunteer Coordinator with the Department of Community Engagement and Outreach.

[00:37:50] Mr. Chairman. Thank you, Mr. Manager. Folks, it's an honor to present this proclamation. There are volunteers spread across our entire community in places that you are well aware and in places that you may not be aware, but there are folks volunteering their time across all aspects of our lives.

[00:38:10] Volunteer Week is coming up April 20th till 26th, 2025, and this proclamation reads, whereas the Board of Supervisors of the County of Henrico, Virginia, has supported an active and visible volunteer program since 1984 and whereas the county is continually expanding volunteer opportunities that support the overall vision of civic engagement and community outreach and whereas county volunteers gain practical and rewarding experiences that encourage individuals to engage in public service and they provide invaluable support to community-based organizations that reflect these values and expressions of civic life and whereas

[00:38:45] an average of 1,894 volunteers per month contributed 35,831 hours to the county during the year of 2024, thereby providing many additional benefits to Enrico County residents and enriching the lives of our residents. And whereas the value of these volunteer efforts is estimated to be over a million and a half dollars, and whereas the giving of oneself in service to another empowers the giver, and recipient, and creates an opportunity to better oneself. And whereas the county honors its volunteers for their commitment to serve. Now, therefore, be proclaimed by the Board of

[00:39:22] Supervisors of Enrico County, Virginia, that we hereby recognize the week of April 20th through 26th, 2025, as Volunteer Week, and we salute and thank each and every volunteer for their time, their talent, and their resources contributed to meet the critical needs of our community.

[00:39:38] Signed to by myself as chair of the board and attested to by our clerk, Ms. Tanya Brackett. One of the greatest leaders of our volunteer group is here to accept this proclamation. Ma'am? Mr. Chair, members of the board, Mr. Manager, it's an honor for me to accept this proclamation on behalf of all Henrico volunteers.

[00:40:05] Volunteer Week has been an opportunity to recognize and impact the service and power that volunteers take to build a stronger community. Henrico Volunteer Program continues to thrive as we serve our community. As Mr. Smith noted, in 2024, volunteers donated over 35,831 hours of time to the county in various ways, including planting trees in our parks, maintaining and beautifying Henrico with our Keep Henrico Beautiful program, supporting our library services, and helping community members with disabled vehicles.

[00:40:36] That value equals up to a total of a half of a million dollars. The county continues to support these efforts by incorporating eight hours of volunteer leave for our county employees. Since incorporating this initiative, our employees have utilized 2,675 hours of their volunteer leave for service.

[00:40:55] They have served in various community organizations, such as Henrico Community Food Bank, the St. James Cemetery, SOAR 365, the Community Revitalization Lawn Care Assistance Program, Teen Summit RVA, and the HCPS McKinney-Vento Program, and many more.

[00:41:12] As you can see, we as volunteers are the heartbeat strengthening our organization, and we're thankful for their commitment, time, passion to our county and to our community. I also want to express my gratitude to you, the Board of Supervisors, for proclaiming April 20th through the 26th as Volunteer Week.

[00:41:28] And thank you for your continuing support of the Volunteer Program. Okay, members of the board, next item on the agenda is a resignation.

[00:41:46] Agenda item 100-25 is a resolution for resignation of member, in this case from the Housing Advisory Commission. This board paper would accept the resignation of Tracy Wretchen from that committee. Thank you, sir. Is there a motion on this resolution?

[00:42:02] Motion made by Ms. Roundtree, seconded by Mr. Rogus. Those in favor say aye. Any opposed. Motion carries, Mr. Manager. Next, Mr. Chair, members of the board, you'd move into public hearing rezoning cases and provisional use permit. The first two items on your agenda, 341-24 and 342-24 out of the Brooklyn District, involve Pandev LLC with a proposal for a convenience store with fuel pumps and an associated provisional use permit.

[00:42:33] Mr. Emerson, I understand this action. there's a request to withdraw this action from the applicant? Yes, sir, that is correct. Mr. Chair, there's no action that would be necessary by the board. Thank you, sir. Before we move on on this case, is there anybody in the room that was here for this case, for the pandemic case?

[00:42:51] I just want to make sure folks dialed in or folks that are here for the neighborhood, because I received a few texts or calls today, by withdrawing their case, Mr. Emerson, this case will not be brought back as is, correct? They don't have to continue to come out next week or watch the newspaper for this case again, is that correct?

[00:43:09] That's correct. It would have to begin at the beginning, so it goes all the way back through the Planning Commission if there were another application of this type. Thank you, sir. No action required, Mr. Manager. Good to go. Thank you very much. Which would bring you to Agenda Item 101-25 in the Three-Chop District with Shell Brothers with a request for conditional rezoning where the applicant proposes a single-family residential development.

[00:43:36] Mr. Emerson. Yes, sir. Thank you, Mr. Manager, Mr. Chair, members of the board. The subject property, approximately nine acres, is located at the northeast intersection of Pouncey Tract Road and Shady Grove Road and is a wooded lot bordering two single-family neighborhoods to the north and east and places of worship across Pouncey Tract Road to the west and Shady Grove to the south.

[00:44:03] The applicant proposes to conditionally rezone the parcel from A1 Agricultural District to R5AC General Residence District to allow a single-family residential neighborhood with no more than 26 individual residences.

[00:44:21] A proffered conceptual plan shows a single point of access to the development at Shady Grove Road. A BMP would be located in the northeast portion of the property, with dry swales running along the northern and eastern property boundaries.

[00:44:37] The plan also shows a proffered sidewalk along one side of Internal Road A. Let's see it. Internal Road A, a proffered continuation of a sidewalk along the property's Pouncey Track road frontage is also shown.

[00:44:53] Additional proffers would restrict construction hours, address landscaping, and other design-related items, such as an aluminum picket fence surrounding the proposed BMP, providing electric vehicle charging infrastructure in garages, specifying transitional buffer planting 35 standards along Patsy Track Road and Shady Grove Roads within the 25-foot-wide planting area.

[00:45:20] Provide for the installation of berms within this area if material exists on the site during the grading and construction process. Proffered elevations show two-story craftsman-style residences with front-loaded two car garages.

[00:45:39] Proffered exterior building materials include stone or cultured stone, stone veneer, brick or brick veneer, IFAS, cementitious siding, or high-grade vinyl. Driveways would be constructed of brick, asphalt, precast pavers, or concrete. Kent held two community meetings for this request, with approximately 25 area residents present at both meetings.

[00:46:04] Topics of conversation included traffic, density, hours of construction, access landscaping, stormwater, and drainage. The applicant has worked to address residents' concerns, introducing the use of swales and fencing around the BMP.

[00:46:21] Since these meetings, staff have received additional comments from area residents regarding the proposed BMP, clearing of the subject property, stormwater, and the need for buffering of Pounce-to-Track Road and Shady Grove Road frontages. Residents in attendance at the March 8th Planning Commission hearing voiced concerns regarding potential impacts on adjacent neighborhoods primarily related to stormwater landscaping and existing and surrounding vegetation, provision of sidewalk along Pouncey Track, and large scale clearing of the subject property.

[00:46:55] In response, the applicant provided additional proffers requiring the developer to install sidewalk along Pouncey Track Road between the subject property and the existing sidewalk to the north at the reserve at pouncy track should adequate right-of-way be available and one thing of note that in regards to this if the right-of-way is available you do have it along the subject property or it could be provided it stops at the reserve at pouncy track there are other properties

[00:47:27] that separate it that are part of the gray oaks community so there needs to be area available on on the right-of-way at Pouncy Track Road for this to be connected. So that's the reason for that language having that flexibility. They also provided language allowing existing trees to be counted towards the proffered landscaping adjacent to the BMP and neighboring properties.

[00:47:54] The applicant has verbally spoken to trying to preserve trees on the property. There is a notation by some of the neighbors regarding tree preservation in the adjacent neighborhoods. One thing that you need to remember is that this is a dense community.

[00:48:11] They are small lots. Normally, there are mass grading plans involved in these with an R5A and smaller. Trees, we always encourage the preservation of trees where possible. The properties surrounding this are R2A lots, which are larger. Mass grading normally does not occur within those neighborhoods because they're larger lots.

[00:48:33] It's more lot by lot as necessary and along with the roads. So, there is a difference in the approach here. This property is designated urban residential, does allow for that higher density, and because of its location on the corner, really kind of is suited for that higher density.

[00:48:52] But there is a difference in the approach, and of course, there's landscaping that occurs after the fact, after the land is cleared, homes are built, and the new landscaping goes in. It's a change because you do have mature landscape. You have mature growth on the property now, but with the style of development and the proximity of the property, it's going to be challenging to preserve a lot of that.

[00:49:16] So I wouldn't want to mislead anybody in regards to that. The proposed use and density are generally consistent with the 2026 Comprehensive Plan designation of urban residential and would continue the existing pattern of development in the area.

[00:49:31] The development would utilize existing infrastructure and provide needed pedestrian connectivity along Pouncey Track Road. Staff supports this request. Planning Commission recommended approval at their March 8th public hearing. If you have any questions, I'd be happy to try to answer them.

[00:49:48] Thank you, Mr. Emerson. Any questions for Mr. Emerson? This is a public hearing, and we're about to move into public comments on it for those who are in the audience and on WebEx. There has been one person who pre-registered for this case, so I'd like to allow them to go first.

[00:50:06] Is there a Thomas George in the room, Mr. George? And then for others, while Mr. George is heading to the mic, for others who wish to speak on this case, if you could please move to the rear of the room. Thank you. Mr. George? Thank you, sir. My name is Thomas George. I live at 11905 Mason Park Way.

[00:50:24] That's part of the Mason Park subdivision. We have a joint homeowners association, Mason Park and Turnberry, which I'm a member of the board. We have a few points on the proposed development. First, the proposed detention pond.

[00:50:42] That would be the second detention pond adjacent to our small neighborhood of Mason Park. The first detention pond was part of the Gray Oaks development, and it was built basically adjacent to our playground. And since that time, our playground has turned into a very wet playground with substantial ponding.

[00:51:02] There's not too much that can be done about that now at this point in time. but we'd like to make sure that the design of this BMP takes into account the seepage that occurred in our neighborhood from the previous detention pond so that we don't get that same impact for this detention pond.

[00:51:20] So we'd like to ensure that that doesn't happen again. My second concern is the tree removal and lot privacy. And I understand the presentation about the different zoning applications, in this case, between our neighborhood and the proposed neighborhood.

[00:51:39] But our neighborhood, back when it was approved in 2005, there was specifically some language inserted in the approval memo that required the developer to maintain trees of a certain diameter. I believe was six inches understand that it's difficult but at the same time we believe that there could be a buffer area of trees that could be maintained between in the in the new development up to our property line that would basically pull the swales in a few feet and the BMP in a few feet from where they are proposed you've got to draw the line somewhere we are just suggesting that the

[00:52:18] line be drawn in a few feet further in. I mean, in my letter that I submitted earlier today, I said eight to ten feet. That's a starting point. Even a few feet would be helpful in maintaining those trees, giving everyone privacy, and while we don't want to impact the new neighborhood and the new development too much, we think that that could provide some relief to the existing neighborhoods and also provide additional privacy to the new neighborhoods.

[00:52:48] The third note is the entrance to the neighborhood from Pouncey Track Road, which was not approved by VDOT. We wanted to see if that could be addressed again with a right turn in, right turn out entrance exit, similar to the one further south on Pouncey Track Road at Manor Glen Lane and Manor Crossing Drive.

[00:53:13] Those have that type of right turn only in and right turn only out. And I don't know if this is a possibility with BDOT, but I wanted to see if that had been explored and possibly raised again to provide an alternative entrance exit, because as it stands now, the one entrance and exit from Shady Grove is going to require U-turns, increased traffic.

[00:53:38] And that brings me to my fourth concern, which is the speed limit on that stretch of road. Between Pouncey Track Road and Twin Hickory Road, that stretch is currently 45 miles per hour. Pulling out of our neighborhoods, the sight lines aren't that great.

[00:53:54] So reducing that speed limit to 35 miles per hour, concerning all the growth in traffic on that stretch of highway with the Islamic Center a little further down the road, we think that that would be helpful and provide a safer driving conditions for everyone involved, including the new neighborhood.

[00:54:11] so we'd like to suggest that that speed limit be examined and possibly reduced to 35 miles per hour. Thank you very much. Thank you, sir. Hi, my name is Sean Law, and I live at 11932 Westcott Landing Court.

[00:54:29] I want to begin by acknowledging and expressing appreciation for the changes that the board has requested, particularly in response to the feedback from prior zoning meeting. It's clear you're all working to address the concerns from the community. However, tonight I wish to reiterate extremely important concerns that to date have not fully been addressed.

[00:54:45] As a member of this community, my primary concern is ensuring that my property as well as those of my neighbors remain protected throughout and after the development process. Specifically, we are worried about the potential for water-related issues and damage to the mature trees on our properties due to the activities associated with the development.

[00:55:01] A key part of addressing these concerns is the preservation of the existing mature trees on the property, particularly those surrounding the BMP area. I strongly urge that a 25-foot buffer of mature trees be preserved in this area. This is the most effective and natural way to prevent water impacts to our properties.

[00:55:19] The area of the subject property can be a wetland of sorts. After a simple rainstorm, much like we had yesterday, I was looking at it and saw a ponding already. And the mature trees currently growing there play a critical role in keeping this issue from spreading to adjoining properties. In fact, many of these trees in the area consume on average 100 gallons of water per day, in contrast to the proposed evergreen alternative that only consumes on average 10 gallons per month.

[00:55:43] That is a 300x multiplier. The significant difference in water consumption means that preserving these mature trees is vital for maintaining the current balance and preventing additional water issues. Retaining these trees in a 25-foot buffer for bordering parcels of the BMP will help alleviate these concerns.

[00:56:01] Like any homeowner, we would like for our property to not be impacted by developers of adjacent parcels. We want to remain whole. In this case, we don't want our trees to die in our backyards where our kids play or turn to swamp from the additional water. and from the water being redirected or concentrated against our property.

[00:56:20] We ask that this board help to protect us from these outcomes versus the developers who are motivated by their business goals. My ask is simple. Please help keep your fellow Enrico County residents whole and their property unimpacted from environmental issues from new development. Thank you, sir.

[00:56:38] Anyone else in the room wish to speak to this case? Anyone on Webex? My name is Karen Hamilton, and I've lived in Enrico County for more than six decades.

[00:56:55] And as you know, well, Mr. Batolkas knows. I've spoken before about the Ramsar Convention, which is an international law, and that protects wetlands, not that you care. There's also a thing called the Western Hemisphere Convention, which is, these are federal laws, by the way.

[00:57:18] And so this gentleman was speaking about that. It's ironic because there's also a law in Virginia that actually protects the roots of a tree in a plant. So even though you may not tear down his trees, if you come within 30 feet of his tree, you may be impacting his roots.

[00:57:39] And so you can kill off a tree, as you've done many, many times. So anyway, the problem is over the years, you have shrunken the zoning so that there is less space between development. And it's impacted everybody on Cain Road and that whole area of Accidental because these people are in well water.

[00:58:01] So the two gentlemen who just spoke probably don't realize that everybody's been on well water for many years. And some of those people may still want to be in well water after the fiascos you've had over the years, and especially just this year with public municipal water.

[00:58:17] But I know that you're bringing water and sewer. Well, but the thing is, at least now you're bringing sewer down Cain Road because of the people in Weston Estates. When I was here last time and I got to speak, I neglected to mention something else about Weston Estates.

[00:58:34] There were two reasons it should not have been built, two major reasons, one of which was, of course, that most land and perk in the houses were too big to be on well and septic. But the other thing was they had no other point of exit or entry, and they kind of even ricoh fudged it.

[00:58:50] They said, oh, we'll make an exception for that. You know, several years ago, there was actually a fire on Cane Road. A man who had previously had a stroke and couldn't talk very well was on his riding mower, and it caught fire next to his porch where he had a lot of boxes and crates, and his house burned down.

[00:59:08] There were fire trucks that prevented the people from Western Estates from getting out because Cane Road was the only way out. So you keep building all these neighborhoods with cul-de-sacs, and you're impacting the well water. Lots of people's wells dried up over the years on Cane Road.

[00:59:25] But you keep forgetting that there are people who still are in well water, maybe prefer to be on that, rather than have you putting fluoride in their water and other contaminants. So anyway, I find it ironic that these people come here.

[00:59:43] They only protest when they're immediately impacted. I do agree with them, but they never come to other meetings. Believe me, I've been to meetings when I was literally the only person to get up and speak. In fact, one time y'all forgot because you've been so used to people not objecting to you that you didn't even ask for audience participation at that particular meeting.

[01:00:03] And I was sitting right there. I had to stand up and say, you know, hey, I'm here and I object. So anyway, again, I do agree with that. I just object to the whole development because, again, the traffic is horrible out there in Short Pump.

[01:00:20] Again, not that you care, but it is already bad. And you've already destroyed, ruined in Ricoh County as far as I'm concerned. Thank you, ma'am. Is there anybody on Webex that wishes to speak to this case before we end public comments?

[01:00:37] No, sir. There's no one to speak on this item on Webex. Awesome. Thank you. Anyone else in the room? All right. Thank you. Ms. Raucher. Mr. Geiger and Mr. Emerson, just collectively, I do think that those are concerns I would like to hear some responses to.

[01:00:58] In particular, it sounds like both of the speakers addressed the tree preservation, and I'm not sure if the speakers were speaking of the same. So one mentioned a 25-foot buffer, and I think Mr. George mentioned 8 to 10 feet.

[01:01:15] Are you guys speaking of the same buffer, I guess, would be one question. Whoa, whoa, whoa. Microphone, Mr. Chair, so people online can hear this.

[01:01:36] Thank you, Mr. Nelson. Mr. George, and then, sir, if you want to comment on that, the microphone's in the back. Folks are online, can't hear you. Sorry, I invited that chaos, sorry. Yes, ma'am, I was speaking about a buffer that would go around the entire back of the development adjacent to the Gray Oaks properties and the Mason Park properties.

[01:02:02] Okay. My request would be around the BMP specifically for, I guess, would be the top three or four properties that touch it just because it's extremely wet. And then you're going to be clear-cutting the rest of the nine acres and directing all that into a single area so that by creating the 25-foot buffer, we should get some protection.

[01:02:25] Because like I said, right now, there is currently, there was standing water in that area on the property already. And I know it's ideal to handle it, but we're talking about a lot of water. So if we were able to move that, it would help protect those properties directly adjacent to the BMP. Thank you.

[01:02:40] Thank you. Good evening, Mr. Chairman. members of the board. I do have a PowerPoint. Is the clicker available? I really appreciate staff's introduction of the request. I'd like to just touch on the items that were brought up

[01:03:19] this evening. Before I do, I would like to thank your staff, not only your planning staff, but your public work staff and your traffic staff. We spent a lot of time with them working through the concerns that were raised at our first community meeting so that we could present them three months later at a second community meeting. As was noted by Mr. Emerson, this is urban residential. A total of 61 homes is planned under your land use plan. We're only requesting

[01:03:54] 26. We recognize that a much more dense development as called for under the plan really didn't work well with the surrounding uses. So we elected to go for a much less intense approach. At our first community meeting, we heard concerns about the water, about the area that was discussed by both commenters. As we have explained to them at the first and second community meeting, adjacent to us

[01:04:29] is common area that's a part of Mason Park. The reason it's common area is because it wasn't buildable. It's wet. And so what we are doing is it has always been wet back there. And so we are putting in a stormwater pond right next to that. And as you know from our obligations, we have to provide detention, hold back the water that we will generate from the property. And with the

[01:05:03] update to the stormwater regulations in 2012, it has to be released at a slower rate. Please remember that the adjacent subdivisions were developed before the new regs went into place. They didn't really have the enhanced stormwater control that we have to deal with today. And so we are going to provide enhanced stormwater protection just by meeting what Virginia requires us to do. Even with that, we heard concerns about water. And so we said, okay, we'll be unique. We will put in a swale

[01:05:39] along the perimeter. That way we can capture the water and send it to the BMP. Again, controlling that water, releasing it at a much slower rate than was previously allowed. We were also asked, okay, if you're going to put in that swale, can you put in evergreen trees? And we said sure. In fact, we spent time working with your DPW staff to make sure we could do it because we didn't want to come to the next community meeting and propose to them something that the county wouldn't allow.

[01:06:15] The second community meeting, we were also asked to put a fence around the stormwater basin. We had proposed a board-on-board fence because they were worried about screening and being able to see into it.

[01:06:31] They asked us to adjust that to go to the picket style that you see here. We were happy to do so. To the gentleman's request about an entrance onto Pouncey Track, at our first community meeting, that's exactly what we proposed.

[01:06:48] Right in, right out onto Pouncey. BDOT said no. Unfortunately, we're just not going to get that. We did work with the track department to make sure the entrance onto Shady was approvable, and we thanked them for their time on that. As we focus in more on the basin, because I think that's been a big part of the conversation, we have been listening.

[01:07:14] We have been addressing. We just keep getting the goalposts moved on us. So what we've presented to you is the option that gives us a lot of different choices on how to address it.

[01:07:31] when we work with your planning staff and your DPW staff at the time of plans review. Remember, the size of that basin is dictated by Virginia law, so we will determine that first. Your DPW staff requires a 20-foot wide easement around the backside of that basin.

[01:07:50] We will do that. We will then look for tree protection. We were first told, please put evergreen trees in, but based on what we heard at the planning commission, the preference was for tree protection. So we will look at tree protection in coordination with your DPW staff.

[01:08:11] And then if for some reason that's not possible based on the regulations and the requirements of DPW, we will put in the evergreen trees. But if DPW doesn't allow those evergreen trees, we will plant some other type of plant that is allowed. At the end of the day, we will do everything we can to protect this area back in here after we've accounted for the laws that we have to comply with.

[01:08:42] The gentleman brought up the request for the speed limit. I think that's a conversation that maybe you can have with VDOT on whether that can happen. That's not something that's within our ability. And then lastly, I would just like to, again, thank specifically Mr. Scott Jackson, who spent time with many of the neighbors who came out at the Planning Commission to explain the stormwater requirements in more detail on how the wetlands work.

[01:09:13] And so I think what we've done is come up with a request to put before you for a new neighborhood that is less intense than what is called for under your plan and has gone a long way. I really think the applicant, Shell Brothers, has really tried to find any way it can to address the concerns that have been raised using the tools that are available to Shell Brothers.

[01:09:42] With that, I'd ask the board to approve the request before them. glad to answer any questions. So are there any trees in the plan on that side of the BMP that is adjacent or abutting the properties 6, 7, and 8? Are there trees there today? No, no, part of the plan.

[01:10:07] Was it just the fencing or is it, I think that's what the gentleman was asking about. In between the back of 6, 7, and 8 and the fence would just be the fence. To the extent, you know, as the If homeowners choose or Shell Brothers chooses to add landscaping around it, that would be something they would determine at the landscape plan.

[01:10:29] So what I'm hearing is less landscaping, really, and more environmental protection. And I think the points made about the benefit or even the necessity of having adequate amount of trees there to absorb water, for one, is really well taken.

[01:10:51] What is the highest level of preservation of existing trees that also allows for what is required by law as far as the BMP? I think that's a great question. I'd like to turn that gentleman into my advocate when we talk to DEQ.

[01:11:11] DEQ doesn't give us credit for what the water of a tree brings out of the ground. DEQ says we have to design it this way. And then DPW says they need a 20-foot wide access easement that doesn't allow for plantings within the access easement.

[01:11:28] Now my hunch is when we get to Plans Review, given this conversation, your staff is aware of the concerns back there. Once we have final engineering, once we know where the trees are, we can then go in and do what we've promised to do. It's number three up there, look at tree protection first.

[01:11:46] But at the end of the day, yes, the law mandates us to put the environment first, Chesapeake Bay, clean water. But second, we're coming here and saying, we will then plant what we can plant. So to us, we are doing what we can, what we have to by law.

[01:12:03] But second, we're making the commitment to do some type of planting. It just depends on what the regulators will allow us to do. I'm looking to see the language that's used regarding that. Sure. Because I think sometimes the issue is with ambiguity, which, you know, when it comes down then to the plan, you know, intentions don't necessarily carry over.

[01:12:28] And what I think might be beneficial is if the language kind of locks you in, if the intent is we are going to protect trees to the extent absolutely running up against what the law requires us to do with this BMP, then I think that that's the expectation.

[01:12:47] And it's not about the aesthetics of it. It's not about, you know, it is we are balancing the need to have more housing to meet the housing crisis with to absolutely the extent possible protecting the existing pre-footprint that's there.

[01:13:07] So it does the language, and if you know where it is, is the language that tight? proper to be I believe and what it says is that we will if we will preserve the existing trees along that property line to the extent we're allowed to by DPW and so at the end of the day what's going to be between the property line and our basin is DPW's 20 foot wide easement and so to the extent we are allowed to work with DPW and sit down there and show them the trees and

[01:13:45] show them where it is they see where the dam is everybody gets on the same page uh we'll protect them um but dpw says to us like no we need our 20 foot easement through here and this tree's in the middle easement and the regulator's telling us take it down that's that's what we've got to do so what is what is the likelihood because i don't i don't want anybody to you know feel like we're trying to put anything over what is the likelihood that for example the the requests that were made here today for that back portion um would be consistent or do you know right now would you

[01:14:21] say it's unlikely that a 25 footer buffer would would be realistic a 25 foot buffer is not realistic um i i don't even want to sit here and tell you i can do a 10 foot buffer why um we we were first asked drain the water to the basin so it doesn't impact our property but to do that i got to put swales along the property line swales or you know depressions i got to i got to clear whatever's there, build them, and then send the water down. Again, we were very appreciative of your DPW staff recognizing that we would be removing some trees, but that we would then

[01:14:59] replant with an evergreen screening. And so we were solving what we thought was their concern with a way that would provide them with the protection they were looking for. As we get down into that area, today, I can't tell you, it's going to take site plan and engineering that we just don't have yet i'm trying to get into this level of detail in the area between the pond and the property line we're just not at that stage and as far as on the other side that and i know you said it is right now just proposed for fencing is there a reason where

[01:15:39] there could not be trees there in between the fence and lots eight six seven and eight yes oh no we could plant if we could put some landscaping there what about the preservation is there a way to preserve the existing trees there probably not no because at that point you're sending. Remember, we have, let me take a step back. As home builders, we can sell a house at more value if we keep existing trees. We aren't the ones who want to take down the trees. The laws

[01:16:18] have been set up, particularly in 2012, with what we have to do after 2012. This is a requirement of preserving the environment. And so in order to meet zoning, in order to meet environmental requirements, we've got to go in there and make sure we can shape the earth to send the water into that pond and so between six seven and eight and that fence we're really going to be sloping that land so that the water gets into that pond but then we can come back and plant it's not a problem mr armison is there anything you wanted to chime in with unless you unless you have

[01:16:55] questions everything mr geiger said i believe is is accurate dpw does need area to be able to go in and maintain these bmp's they they fill up over time uh as i noted grading is going to be required it as a tight site preservation of many of these trees is not going to be practical and even along the edges the experience that you will have on this site we've had it on others the trees that you try to preserve once you disturb the land around them those strong wind will come through and they'll blow them over in a storm so a lot of times you're why you have to

[01:17:34] wait for them to mature you're better off with new so i know that's that's not a not something that people want to hear but that's the reality of uh of what of the situation and certainly i wouldn't want to mislead anybody as i said earlier and the uh the common area in mason park what is a common area because it was environmentally sensitive and was not judged adequate for building and the developer set it aside for usable area to be used as a park and it was understood that that was a wet area at that time.

[01:18:14] I don't know that I have any more questions, Mr. Geiger. I mean, I didn't hide the ball from you when we spoke earlier this week. I'm not sold on this project yet, for lack of a better way to put it, because I get that if it's developed, then there are certain things that just can't happen because it's a nine-acre lot, it's not that big, and there's only so much that you can do with that space.

[01:18:40] The alternative is that it's not developed into residential homes, at least in the way that this is planned here with the single-family usage. And it's probably single-family homes are probably the only thing that would fit right there if we are going residential.

[01:18:58] So, and I still candidly remain on the fence with that because I hear what the residents there are saying, and they're not wrong. what you guys are proposing isn't wrong either it's just to some level a lack of compatibility with those competing goals and and i and i do struggle with that especially because i do feel that um you know we do need to to build homes um in order to alleviate some of the the pressure i'm just i'm not i'm not there yet on this project um and as i told you earlier this week i wanted to

[01:19:37] hear what what some of the neighbors were going to to say with it i don't want to deny it um but i i do want i need a little more time to to think with it to think about it and talk more about the neighbor with the neighbors um i am not comfortable approving it today um so i'm going to defer it at my at my motion um mr chair i move that rez 2024-102145 shell brothers be deferred to the may 13 2025 meeting at the request of the board. Thank you ma'am. It's been a motion made by

[01:20:15] Mr. Roundtree. Is there a second? Second. Second. Seconded by Mr. Rogus. Those in favor say aye. Aye. Any opposed? Motion carries. Next Mr. Chair, members of the board. Agenda item 102-25 is in the Verona district. This is the Henrico County Economic Development Authority with a conditional rezoning request and this is for an inpatient medical treatment facility that the county has been working on. Mr. Nelson co-hosted a team that worked on this for a number of years and ultimately Mr.

[01:20:50] Emerson, a planning commission recommended to the board approval. Yes, sir, that is correct. And you are very familiar with this project. As the manager noted, it is what we refer to as the detox facility. But before you tonight, there is a request to conditionally rezone a county-owned parcel located on the north line of Nine Mile Road just west of Dabbs House Road from A1 Agricultural to O3C Office District to allow the development of an inpatient medical treatment

[01:21:26] facility. The property is part of the overall Henrico County Eastern Government Complex and is the former site of the Glen Echo School. Surrounding uses are largely government, office, and industrial with the exception of the Glen Echo Park Subdivision zoned R401 Family Residence District directly to the west. The A-1 zoned Henrico Eastern Government Center is located immediately to the north and the east. Across Nine Mile Road to the south is a mix of office and vacant

[01:21:58] properties zoned O-1 Office District and M-1C Light Industrial District. Proposed inpatient medical treatment facility would be located towards the southern end of the subject site. Ownership of the property would be maintained by Henrico Economic Development Authority and a third party. Pyramid Healthcare would be responsible for the construction and operation of the facility under separate development agreement. Uses on the property would be limited to the proposed inpatient medical facility and the continuance of government, office, and civic uses. Pyramid

[01:22:35] Health has indicated the proposed use would include a 24-hour detoxification treatment and recovery center to no more than 60 beds. While treatment would be voluntary, the site would be secure, and the operator would be required to submit a SEPTED plan, which is crime prevention through environmental design, which would address and implement site security measures as reviewed by the chief of police and approved by the planning director.

[01:23:04] Profford concept plan and these elevations, which you've also seen, illustrate a one- to two-story building located south of the existing Bray Avenue access point, which would be closed both vehicular and pedestrian traffic. The building's main entrance is oriented towards the southeast towards the site's entrance. A central courtyard would be provided for patient use. A driveway with parking and sidewalk would surround the facility. Additional proffers address hours of construction and would require a six-foot opaque fence along the property's western boundary.

[01:23:44] The request is generally consistent with the site's 2026 comprehensive plan designation of government which includes non-recreational government owned public uses and facilities use is also consistent with the character of use on the adjacent eastern government center which is home to county offices and services proffers and exhibits would also help mitigate potential impacts on the surrounding area for these reasons staff supports this request the applicant held a community meeting on february the 10th with three residents in attendance

[01:24:18] topics of discussion included buffering site access and security measures planning commission recommended approval of this request at their march public hearing if you have any questions i'll be happy to try and answer them for you thank you sir questions for jill a couple questions um mr emerson uh first i just want to repeat property is where it's at the uh eastern government center all right and property is the former site of what of the glenn echo school building that's Those are photos of the school building, which has been demolished.

[01:24:57] So the building was there for how long? The Glen Echo School Building was there since the 30s. Okay. I've asked, and so that picture that we saw of the site layout prior to, that was done prior to us having conversations.

[01:25:18] So we are going to plant trees. I think there's going to be a garden in the back in the basketball courts. and the facility owners are going to do some and we're probably, the county, I think through Capital Trees, we're going to plant trees and stuff there too.

[01:25:37] So it just looks there right now, but that's not the way it's going to look. I just want to make sure I put that on record. I've got other comments, but I'll hold them. I don't have any other questions. Thank you, sir. This is a public hearing. Does anyone in the room wish to speak to this case? Anyone on WebEx?

[01:25:54] There's no one to speak to this item. Thank you, ma'am. All right, thank you, Mr. Chair. Colleagues, you've already heard the story. Again, I just wanted to make sure that for those who don't know, 2018-ish, I think, in the 17th, 2018, the conversation of a third jail came up.

[01:26:21] So our former sheriff, we had reached capacity in the west and the east, and our former sheriff felt like we needed to build a third jail to deal with the overcrowding.

[01:26:39] That's where this conversation started. Realized after digging deeper into what was going on that a lot of the persons in the jail were wrestling with things that they didn't need to be in jail for.

[01:26:59] So addiction, mental health issues, et cetera. And so we did not move forward with a third jail. My colleagues at the time recommended, well, we suggested me and at the time 3CHOP representative Tommy Brandon did a co-leadership of a group that went into depth about what we would do.

[01:27:24] And the recommendation was, after a while, to do a detox center, deal with addiction, deal with mental health. And that's what we did. So our new sheriff came in aggressively working with us to make sure that we were focusing on meeting those needs.

[01:27:48] And we reduced the population in the jail simply by getting people into treatment and the mental health that they needed, mental health that they helped that they needed. So this has come into family, into realization.

[01:28:05] So, I say this, you know, I'm pleased with our team who worked, Mike Finemail and Brandon Hinton and everybody that's worked with them. I just want to say thank you guys personally for getting us to this place.

[01:28:22] So, uh-oh, move, R-E-Z 2025-10-100-0073, Enrico County Economic Development Authority, be approved.

[01:28:43] That's the right one, right? Yes. be approved with the profits dated February 26, 20, 25. Made by Mr. Nelson, is there a second? Second. Seconded by Mr. Cooper. Those in favor say aye. Aye. Any post. Motion carries. Mr. Mayor.

[01:28:59] Mr. Chair, members of the board, you would move on to 340-24 Portuguese Property, LLC, where the applicant is proposing flex office and warehouse uses. Ms. Moore, I'm told that this is withdrawn. No action is necessary here.

[01:29:14] That's correct, Mr. Manager. Mr. Chair. Thank you, sir. Got a quick question, Mr. Chair. Can you just see if there's anybody here for this case? Anyone in the room was here to speak to this case? It's already withdrawn.

[01:29:32] I mean, if you want to speak, but yeah. Okay. It's withdrawn. I just want to thank the citizens for their involvement, if they're watching. Also, I want to thank the applicant for, you know, this was good, healthy conversation back and forward, and so I do want to thank everybody that was involved.

[01:29:54] Thank you, sir. Mr. Mayor. Next, Mr. Chair. Staying within the Verona District 103-25 is Harsh-Thracker-Dorado Capital LLC with a conditional rezoning request. In this case, the applicant is proposing a warehouse planning commission did vote to recommend that the Board of Supervisors grant this request.

[01:30:15] Ms. Moore. Thank you, Mr. Manager, members of the board. As mentioned, this is a request to rezone 17.5 acres to M1C to construct a 100,000 square foot warehouse. The property is adjacent to the Sauer Industrial Center between Monaghan Road and Ogle Sauer Belt Boulevard.

[01:30:37] The surrounding uses are largely industrial on the west side of Monaghan Road with the exception of several vacant and single family homes here along directly to the east.

[01:30:53] The applicant has proffered a conceptual plan. The buildings and parking would be located in the northern area of the property. Access would be through Sauer Industrial Center only by the extension of the Olga Sauer Boulevard and ultimately on to South Airport Drive.

[01:31:10] So therefore, there would be no access, direct access to Monaghan Road from the property, which is confirmed in Proper 6. The warehouse would have up to 18 loading bays, which would be located on the western side along here, away from Monaghan Road and away from the single family.

[01:31:27] An area for outdoor storage would be located on the southern side here, but most of the southern portion here would be largely undisturbed and would remain wooded. The applicant held a community meeting on January 30th, and residents in the area voiced concerns regarding potential noise, visual impacts, and overall loss of green space.

[01:31:50] These concerns were also raised by two residents along Monaghan Road, as well as email correspondents. Due to these concerns and the proximity of several homes, the applicant is proffered to include a 6-foot-high opaque fence with evergreen trees planted in addition to the transitional buffer 50 requirement along here.

[01:32:14] It would limit the building height to no more than 30 feet in height, as well as any lighting fixtures would be limited to 20 feet in height. Use of the loading bays along here would be limited between the hours of 6 a.m. and 8 p.m. daily.

[01:32:34] Hours of construction would be from 7 to 7 p.m. Monday through Friday and from 8 to 5 p.m. on Saturday. And any trash pickup would be limited to 7 a.m. to 8 p.m. Land use, the 2026 comprehensive plan recommends planned industry for the subject site.

[01:32:52] This request is consistent with this designation, and the property should minimize potential impacts on adjacent residents. JAS staff generally supports this request, and as mentioned, the Planning Commission recommended approval at their March 13th meeting.

[01:33:08] This concludes my presentation. I'd be happy to answer any questions you may have. Thank you, ma'am. Any questions for Ms. Moore? All right, this is a public hearing. Does anyone in the room wish to speak to this case? Thank you, ma'am. My name is Pat Marydew, and I reside at 6620 Monaghan Road.

[01:33:30] And I'm going to read you back some of the statements I made in the planning hearing. So my husband and I own three parcels that border that property regarding this rezoning. One of those parcels that she just mentioned is vacant. That was my husband's home place.

[01:33:46] There's no house on it, but we still own that property. I am a Monaghan resident of 58 years, and my husband has lived his entire 83 years on Monaghan Road. His parents and grandparents before him were lifetime residents.

[01:34:04] One resident is still living in her childhood home. Our daughter and son-in-law are raising our grandchildren on Monaghan Road. Many residents are family and or long-time residents who enjoy our country lifestyle and homes.

[01:34:24] We choose not to be in a city urban environment. Those of you who have never lived our lifestyle and enjoyed our country environment may not understand why Monaghan residents place so much value on what we have.

[01:34:39] We cannot just pick up and relocate somewhere else and still have what we have now. We appreciate the close access to medical, fire, and police needs to our neighborhood, which we would not get if we had to move further away from the city.

[01:34:56] My husband and I own on the eastern boundary, and no amount of fencing within that 50-foot buffer will be sufficient to buffer the noise or lighting that our residents would experience. I know this to be fact because those two warehouses that you keep bringing up that's already in place are right behind my home.

[01:35:22] So behind our home, there is a 3.2-acre lot. There's nothing built there except the county main line that goes through it. So, in fact, Sunday afternoon, my husband and I were out, and we were hearing a concert in one of the parking lots back there.

[01:35:43] Who's going to police this? It's not happening on those two warehouses. The parcel of 3.2 acres has a boundary on the north side, which would butt up towards where this new warehouse would be. It's almost 523 feet.

[01:36:00] And to the south side of that 3.2 acres is almost 571 feet deep before those warehouses exist behind my house. So starting on our property behind our home is a stand of thick, mature trees.

[01:36:20] This continues on to said parcel to the opening of the Buried County sewer main and picks up again over to the two existing warehouses. We do experience both noise, including loud conversations, and we just witness on Sunday loud music and lighting from both facilities.

[01:36:43] The proposal of 50 feet offers a 60-foot opaque fence. Yeah, that's in the proffers. Evergreen planings at unbroken strip at maturity. How long is it going to take for those planings to mature to have any effect on noise, buffering, or light?

[01:36:59] So continuing on, I was reading through the staff report, and it states applicant is encouraged to consider the inclusion of the property to the north for proposed future entrances as shown on the Conceptional Plan.

[01:37:18] I don't know if y'all can see that on that existing thing I have up there or not. It doesn't display it as far as I can see. But in their plan, they have two future entrances that Older Sauer, the extension of Older Sauer, does not touch. Further stating, by doing so, this request and the future development could facilitate the extension of Olgarsar Boulevard in a manner consistent with the recommendations of the 2026 Major Thoroughfare Plan.

[01:37:51] The report also states, if redevelopment were to occur along Monaghan Road, these entrances could provide future access through an extension of Olgarsar Boulevard to Monaghan. This is already in place.

[01:38:10] If you look at your 2026 major thoroughfare plan and you go back and look at the POD 2023-00297, that's already in place. You already have major development going on, excuse me, on Monaghan Road.

[01:38:28] So the two properties that would allow this connection have been delinquent in taxes for over 10 years. I brought this up in the hearing for the Planning Commission and has been sent to tax and not yet gone to auction. So our question, has auction been withheld because county definitely plans to make that extension to Monaghan?

[01:38:50] Taxes owed, penalties, and interest would exceed the 2025 assessment of these two parcels, one being a third acre assessed at $2,500, and one being 0.4 acre assessed at $3,300.

[01:39:07] So the county procedure, as I understand it, is to search for claims to those properties or any property that goes to auction. other than those listed on the deeds. I find this very confusing as I have paid myself for property title searches with results in less than 60 days.

[01:39:30] These two properties were sent to tax five years ago. Why are they still sitting there? A question why Monaghan residents should have their homes and country lifestyle be disturbed and destroyed for major financial profit to one property owner who's not a resident of Henrico County and an applicant who's not even a resident of Virginia.

[01:39:55] A question why should all of Verona be developed either with huge warehouses, manufacturing facilities, and large housing developments? Must we give up all this green space, clean air, and many species of wildlife that currently live in our neighborhood?

[01:40:13] As residents, we should be preserving our lands, not destroying it. Just because this proposal falls within the guidelines of the county development plan does not make it right at this location. The structure is far too large for the amount of usable land.

[01:40:30] The whole proposed project is adverse to the surrounding country environment of Monaghan Road. The Planning Department's last commission has decided if applicant is within the guidelines and checked all the right boxes, then the request should be granted.

[01:40:51] So listening to the news, just last week, City of Richmond residents are now allowed to vote on the budget for new projects. I question, why are Henrico residents not allowed to have any involvement on the Planning Commission guidelines for development plans, Conceptional Plan or Major Thoroughfire Plan for Future Development for their districts?

[01:41:14] We should have some input into that. It's going to affect our homes, the way I feel about it. So also during this hearing, I made a statement, and it was, this zoning is not about progress, but it's about greed.

[01:41:32] And I was told by Mr. Mackey, quite quickly, this had nothing to do with greed. And I find that to be insulting. First, the property owner has a big financial gain. No impact on him because he's not giving up anything with his lifestyle, right?

[01:41:51] No home. Second, the applicant, Mr. Thacker, has even greater financial gain. He's not even a resident around in Virginia. And third, I did understand Mr. Mackey to state the rezoning of this property provides the county a bigger revenue in taxes.

[01:42:08] These gains all at the expense of Monaghan residents. This is greed. It's not about the, not overlooking the residents. It's about greed. It's about money. So I would appreciate your consideration to our concerns.

[01:42:26] I have a neighbor who wants to get up and speak her piece too. And I ask that we not be overlooked, as what was said earlier in this meeting, and deny this rezone request. And I thank you for your time. Thank you, ma'am.

[01:42:44] Hi, my name is Sherry Bowery, and I reside at 6621 Monahan Road. I initially sent you all an email, and I just want to confirm that you did receive it, which contained my comments. Or do I need to reread the email?

[01:43:04] We got it. Thank you very much. You do? Okay. Thank you. Is there anyone else in the room who wishes to speak to this case? Anyone on WebEx?

[01:43:20] There's no one to speak to this item. All right. Thank you very much. My name is Karen Hamilton, and so I can understand how this woman feels because she's really in short pump. We had so many bird species out there.

[01:43:38] We had box turtles, and maybe this lady knows already, but the Migratory Bird Treaty Act says that you cannot cut down the trees. If there are nesting parents, if there are eggs and chicks currently present, you can't cut down the trees.

[01:43:55] But the law goes so far. The Migratory Bird Treaty goes so far as to say if you make noise, if you're in the vicinity and you make noise that you're not tearing down a specific tree, but you scare the bird parents away and they abandon the eggs or the chicks, you have still violated the Migratory Bird Treaty, which is, again, it is a federal law, and it's over 100 years old.

[01:44:19] So, again, this takes into consideration the Western Hemisphere Convention. I don't know if there are any wetlands involved in this situation, but I can see trees. So my question to you is, is this a building that is being built on speculation?

[01:44:36] Do they have no occupant? Okay, so that means I'm wondering, the second question is, who in Henrico Marketing Department decided to aggressively pursue someone to come and buy this and build there?

[01:44:53] Because to me, that makes you really culpable here because the county has a marketing department. I think, in fact, I think it's ridiculous for government to have marketing departments, and especially when you are contradicting every other city and state and county that has a marketing department. You're all fighting for the same businesses, and it's a waste.

[01:45:14] It's a duplication of government. It's a waste of taxpayer money, but that you're going to build a building on speculation to ruin the lifestyle that these people have enjoyed and the peace and the quiet and to ruin things for wildlife. You've already ruined Shore Pump.

[01:45:29] Can you just leave Verina alone, please? We do not need any more buildings built in speculation. And you do the same thing with shopping centers. You've overbuilt shopping centers to the point that, and I said this 20 years ago, that what happens is you build a shopping center, and then the people that are in another shopping center all empty out and go further west, or in the case of where I was living.

[01:45:55] So then you have blight. You have an empty shopping center, and you've created blight. We don't need any more empty shopping centers. We don't need any more empty buildings. We don't need anything built on speculation. And we don't need a marketing department because, again, it contradicts everything. And it makes you culpable here.

[01:46:10] It does. It makes you guilty because you have actually actively sought out someone to build a building here that we don't need. A couple of questions real quick for staff.

[01:46:30] Public process for participation in general, this is beyond the case. I want to make sure that we are responding to the comment that a young lady made about being able to participate. I mean, I think it sounded like comp plan process, right?

[01:46:50] That was my first thought until she mentioned specific plans and engineering, which is not typically the case. We do have, this is a public process, obviously. So the rezoning is a public process. Right, and the comprehensive plan. And then the plan of development, which gets into the specifics, is still an opportunity for case-by-case comments to be accepted.

[01:47:18] And then going back to the comp plan even. I have to say that anything was wrong with the comments, but I do want to let you know that we do have process for every particular case. But hold on. I don't. Okay. Yeah, yeah, yeah. That was it.

[01:47:34] I mean, we can talk. I don't want to get into a back and forward about it. We can talk more. Well, you know what? We don't normally do this with the going back and forward, but go ahead and make your comment. My question to you is, when these plans were developed several years ago, and they're in place for 2026, one year away, how do we know what the county was planning on doing that was going to affect our district?

[01:48:01] How do we know that? How do we put our input into affecting our district? Right, so let me, and this gives us a perfect opportunity to talk about how you can get involved right now. I wasn't on the board then to identify what the plan was then, but our comprehensive redistricting, no, not redistricting, our comprehensive plan gives citizens the opportunity to weigh in on what they want to see.

[01:48:34] And we literally are going through this right now. So, Jean, if you don't mind just talking about what that looks like real quickly, and then, Joe, if Ben or somebody can go back, not about this case, but just about the process, if somebody can go back and share how we can get this young lady involved right now for future planning for Verona.

[01:48:57] We literally are going through this right now as we speak. Right. But go ahead. We are currently looking at updating the 2026 plan. It's called 2045 Next. we have done extensive public outreach we try to get everyone involved we advertise on our website we send out notices we put road signways and we are actually going out specifically with draft land use maps to have people weigh in on exactly what you're talking about this month so so May the 5th at and and

[01:49:34] And we are trying to be fair because the Verona District is so huge. Usually we have the meetings at one place. This one is at Highland Springs, but it's about the district in its entirety. So I think it's at the Highland Springs Elementary School, Highland Springs High School.

[01:49:52] At the Highland Springs High School, the next public meeting is May the 5th, and I think it starts at like 6 or 5 p.m. But they'll give you all the information, so you can come. You'll see the maps. You can jump right in and share how you feel.

[01:50:11] Somebody's going to come and bring it to you right now. After we finish, then let me just go ahead and make a ruling on the case, and then you can take it to them. Second question, I hadn't heard about the budgeting process per case in Richmond.

[01:50:28] I mean, if somebody can tell me anything about that. And I try to stay on top of the news. I hadn't heard that one. But I would love to learn more about that. Did we have a spec user for this particular case? I'm going to let the applicant speak to that.

[01:50:43] All right. All right. Well, hold on for a second, applicant. Trying to think if there's anything else that I had. Okay. You can answer that and anything else that you want to respond as it relates to what was shared.

[01:51:01] I guess to a certain degree now, I wish the second speaker sent the e-mail to us, but I don't know if the applicant got the e-mail as well. I was there at the Planning Commission and heard those comments.

[01:51:19] Okay. But we'll make sure he gets the, I'll make sure he gets your comments. I'll make sure that he gets your comments. Go ahead, answer the spec. Do you have a copy of it with you? All right, just give it to him once he's finished. So good evening, Mr. Chairman, members of the board.

[01:51:35] I'm Mark Baker, Baker Development Resources here on behalf of the owner. The question with regards to spec, this is a speculative building, public warehouse. It could ultimately be occupied by a single tenant. It could be occupied by multiple tenants.

[01:51:51] There are some benefits for that. There could be a third-party service provider that would provide logistical services for more than one tenant. But this is a couple of – So the question – so maybe I wasn't clear. Do you have a tenant for the building if it is passed? There's not a tenant today.

[01:52:08] Okay. It would be marketed for a space available. That's good. Thank you. Any other comments that you have in regard to what – I mean, if you'd like me to run through – The staff talked about some of the changes you made through the process with regards to augmenting buffering because there were buffering concerns.

[01:52:25] There was concerns about access to Monaghan. We actually took one of the three parcels out of the case because it had frontage on Monaghan in order to prevent access as a part of this case. The case also conditions that. We had some concerns about utilization of sharp cutoff lighting, which is something the code requires.

[01:52:46] We also limited light standards to 20 feet. um there's a number of other things i suppose i can run through here as well um well you know so we had there was some concern about building height m1 district has a standard of 110 feet just as a general requirement but we we proffered 30 feet of height which is actually less than what's permitted in a1 zoning there was some concern and it was mentioned earlier about some on-site activities you heard some concerns about noise and i think on some of those nearby facilities there have been some public access concerns we were told about

[01:53:23] non-business access cars motorcycles driving through those properties and in fact even doing some spin-outs we amended it we amended the concept plan to include gates both for the loading and the parking areas to prohibit that kind of access in terms of the site activity we did dial the construction activity down to 7 a.m. to 7 p.m. Monday through Friday 8 a.m. to 5 p.m. on On Saturday, we included an additional proffer to restrict the use of the loading bays, which is not the case on the other nearby warehouse facilities.

[01:53:57] So we would not utilize them between 8 and 6, 8 p.m. and 6 a.m. per night. We wanted, again, the loading areas on the western side of the building, which is shown in the concept plan. And again, with the sour industrial site, that's not the case. They have multiple loading bays that are on the A1 zoning side of those properties.

[01:54:16] Our goal was, in addition to the augmented buffering, just to have the building buffer those loading areas as well. And I think that's essentially it. So unless you have any other questions, I appreciate your time.

[01:54:32] No, I don't. Mr. Baker, thank you. I appreciate you. What's your name, young lady? Just tell me your name. Yes, ma'am. Maradu. Say your last name one more time.

[01:54:49] So, Mr. Emerson, I think we talked about this earlier. I can actually, if I want to spend some, if I want to take another month to go, you know, if I go talk to Ms. Mary Dew and some of her neighbors and just go kind of sit on Monaghan and spend some more time just in the neighborhood, kind of checking out the environment.

[01:55:28] Can I do that? Can I defer this case without having to re-hear it all the way through? Yes, sir, you can. You can defer it for decision only. Okay. So what I want to do, I'm going to, Ben, when you go back, can you get Ms. Maradu's number?

[01:55:45] And then I'm going to reach out to you, and then maybe we can get a couple of your neighbors to sit down, and I can come out if that's okay. Can we do that? And then you guys can show me around and the impacts and all that. So, Mr. Chair, based on the comments this evening, I do want to take some additional time to consider the request and the input that I will receive.

[01:56:10] I think, Mr. Baker, you've done about as good of a job as you can presenting the case. I mean, I see your two-page email and all of the things that you guys are from the planning commission to hear.

[01:56:26] So I don't really think there's anything else I need to hear from you. I do want to talk to the community. I want to talk to you guys. And so consider the request, consider the input, and move that we defer the case to May 13th, but only for decision.

[01:56:45] A motion made by Mr. Nelson. Is there a second to defer the case, as stated? Second to defer the decision only on the case. Seconded by Mr. Rogus. Those in favor say aye. Any opposed? Motion carries. Next, Mr. Chair, we move to the Brooklyn Magisterial District with 104-25.

[01:57:06] And before you, you have VPFW Monument MOB Investors LLC with a conditional rezoning request where the applicant is proposing a medical office building. In this case, the Planning Commission voted to recommend that the Board of Supervisors grant this request.

[01:57:23] Mr. Seal. Thank you, Mr. Manager, members of the Board. This is a request to rezone subject property from R3 to B2C to construct a medical office for Virginia Physicians for Women. The property consists essentially of a block, approximately 1.65 acres, along Monument Avenue between Peachtree and Lake Avenues.

[01:57:42] There's a former place of worship that would be raised and replaced with a two-story medical office building on the property as proposed. The surrounding area is characterized by a residential neighborhood to the north, office to the east, and a place of worship to the west.

[01:57:57] Across Monument Avenue to the south are single-family residences as well as a Jewish community center. St. Mary's Hospital is located farther to the west along Monument Avenue, right at its intersection with Libby in this area. A Profford concept plan and accompanying landscape plan shows a two-story, 34,000-square-foot medical office building located at the southeast corner of the subject site, adjacent to Monument Avenue and Peachtree Boulevard.

[01:58:24] Parking would be provided between the proposed office building in Lake Avenue and adjacent to West Grade Street to the north. Two access points would be provided at Lake Avenue and Peachtree Boulevard and the general location of two of the site's existing accesses. Other access points would be removed as part of this, and landscape buffers would be maintained or provided along the adjacent roadways.

[01:58:43] Proffered elevations depict a two-story office building composed of brick or masonry and woods paneling. Other proffers would restrict uses to those found in the office use category, address signage, limit hours of operation, and restrict dumpster pickup and parking lot cleanup hours, amongst others.

[01:59:07] The property is designated semi-public on the 2026 comprehensive plan, which is reflective of the historic use of the site and the surrounding area, including places of worship, the Jewish Community Center, and St. Mary's Hospital. This request is generally consistent with this designation, which typically consists of quasi-public uses, including hospitals and medical buildings.

[01:59:26] The use is also consistent with neighboring office uses and would offer services to the surrounding area. The proposed development is not expected to negatively impact the immediate area, including the adjacent residences to the north, and for these reasons, staff supports this request. The applicant did hold a community meeting last fall, where approximately 30 residents in the adjacent neighborhood were in attendance.

[01:59:48] And the Planning Commission recommended approval of this request at their meeting on March 13th. That concludes my presentation. I'd be happy to try and answer any questions you might have. Thank you, sir. Any questions for Ben? All right, this is a public hearing. Is anyone in the room who wishes to speak to this case? Mr. Ryan, good evening, sir.

[02:00:08] Good evening, Mr. Schmidt. My name is Andrew Ryan. I live at 1500 Lake Avenue. I'm the president of the Monumental Floral Gardens Neighborhood Association, where the residence is right to the north of this property. We believe this would be a good fit for our neighborhood. I'd also like to note that the VPFW team has been collaborative with our Neighborhood Association and responsive to a number of neighborhood concerns and questions.

[02:00:29] So we think that this would be a good fit. We are in support of this project. And also just wanted to thank you, Mr. Schmidt, as always, for your help with our neighborhood when these developments come up. Thank you, sir. Else in the room, wish to comment on this case. Anyone on WebEx?

[02:00:46] There's no one to speak to this item. Thank you very much. Mr. Ryan, thanks for your comments. I will say that one of the reasons those applicants, this is the second or third case in a row now that those applicants are willing to work with their neighborhoods because of the quality engagement that you all provide.

[02:01:02] So thank you for your efforts in communicating not only with their representative, but also with the applicant and with my office. So thank you. Mr. Conlon, I don't have any questions. I appreciate your good work on this. And I don't think that was the only time that the applicant met was the fall.

[02:01:19] I believe there's been ongoing communications with the neighborhood. So, Mr. Collin, if you could please thank your applicant for me. I don't think – it feels like it was yesterday we were sitting in the conference room upstairs discussing this possibility. So, thanks for your work in getting it to this point. Any questions about my colleagues on this case?

[02:01:38] All right. Seeing none, I move that we follow the recommendation of the Planning Commission and approve REZ 2024-102-409, VPFW Monument MOB Investors, LLC, with the proffers that are dated March 25, 2025. It's been a motion made by myself, seconded by Mr. Rogish.

[02:01:56] those in favor say aye any opposed motion carries thank you next mr. chair uh 230-24 you moved to the fairfield district with joseph b mccutcheon jr request to amend proffers in which case the applicant is proposing to amend a proffer related to a recreational space to allow for the development of a new of new single family homes uh miss moore i understand a deferral has been requested to may 13th uh that is correct um mr chairman you know this is a deferral if there are residents here i see some who want to speak to this we want you to have your opportunity to speak to it if

[02:02:34] you could thank you mr cooper now this is a public hearing and prior to the deferrals or anyone in the room that wishes to speak to this case good afternoon um my name is donald mack whims i live at 2829 life's drive in maplewood farm subdivision um i don't know how many times this thing has been deferred, but it's been quite a few. We had a meeting with him on Thursday, and we didn't get

[02:03:12] any answers to our questions about what's going to be built, the different obstacles that he would be facing. We got no answers on that. His own recreational use, and according to the Planning commission report that piece of land is not suitable or has limited use for recreational use

[02:03:43] so if it's not good for recreation how would it be good for residential also i wish the board could go by there and look at that land it has a 15 degree slope so if you're going to um have a 40 foot setback. That house is going to be sitting on that slope. It's not going to be safe for anybody to live there. The kids won't have a backyard, barely a front yard to use. Definitely

[02:04:22] may not have a driveway, definitely no garage. I wish that was a way that this board could squash this zoning request and leave it alone. Any questions? I'm trying not to be too repetitive.

[02:04:52] There are a few of us still here who moved into this subdivision when it was new. And one of the things that they said to be a part of the subdivision is a recreational area.

[02:05:08] When we would ask, where is the recreational area going to be? And they would say, it's going to be up there in the middle. Everything didn't develop all at one time. Time went by. At the very end, there was no recreational area.

[02:05:28] We had a neighborhood civic association talking about things. But I don't think we brought it up either. But at some point in time, the original developer came to me and brought me a deed to that piece of land.

[02:05:57] Yeah, tax bill for that piece of land. And the third thing was, but anyway, they wanted to give the land to us. So I went back to the Civic Association.

[02:06:16] First went and looked at the piece of land. As soon as I did, I said, well, we don't want a piece of land. I mean, it's almost like jumping off a cliff if you want to walk down in there. So apparently what happened was, and I guess this makes sense to somebody, as the subdivision began to develop, I guess all the nice lots they used to build houses on, and when all of that was over, what was left was this one piece of unsuitable land down at the very end of the subdivision and down in a hole.

[02:06:56] They wanted to give it to us. We didn't want it. So needless to say, it's sort of been dumped on twice because we still don't have a recreational area that we were promised almost 40 years ago. Our kids are now 51 and 41, ain't interested in playing a recreational area anyway.

[02:07:17] So as my neighbor just said, that is an unsuitable piece of land to build a house on. There were already some more, I think there were four lots, was it four lots that were built on on down the side.

[02:07:33] And to be honest with you, they're not suitable either. And they don't follow the dictates that Ryan Holmes gave us when we were buying our homes. Because they had a book magazine of homes, so we could feel fairly confident that whatever was built there would be at least as good as what they were selling in their magazine full of homes.

[02:07:58] And when these other four lights got built, I don't know who built on them, it wasn't Ryan, because the homes went up to their standard. But they were not nearly, I guess I can say this, as nice as the homes that we had bought. And it appeared to be just a situation where somebody got some cheap land and built some cheap houses on it.

[02:08:21] And, I mean, they are so far down on the slope. You can stand on the street at one of them, like I'm standing here right now, and I can see almost over the rooftop of one of the houses, just standing on the street. It's hard to walk down there. One of them has actually two sets of steps just to get down to the front porch.

[02:08:41] Go down one set of steps, make a turn, go down another set of steps just to get to the front porch. So, you know, there'll never be a football thrown in that front yard or backyard. And it is adjacent to the Chickahominy Swamp. So there are some things that crawl up out of there sometimes that I don't think about and want to be a part of.

[02:09:01] And there's a stream back there also, probably in an area that can't be used for anything. So what we're asking is that, you know, and we met Mr. McCutcheon the other night, nice man, and we're not criticizing what he's doing, except that I don't think when he first saw that piece of land, he saw it on the map, on a piece of paper.

[02:09:27] Everything looks flat on a piece of paper, but you really, if you want to make a good decision on that, you really need to see that piece of land. Then that 40 years now, Ryan didn't want it. They didn't build on it. They built their houses on the land that they felt was suitable for what they wanted to build.

[02:09:49] And I think they sort of took the recreation area from us, which was supposed to be an acre and a half, and they built a house on it. You know, it makes sense. But if you're going to build somebody a recreation area, you build a recreation area.

[02:10:06] You know, you don't use up all the land and then take what's left. It's unusable and saying, here, you all can have this, sign the deed and send it back to us, which makes us now the taxpayers. So that's, well, we're not now, but that's what it would have done to us, make us the taxpayers.

[02:10:26] We didn't want to pay taxes on a piece of land that's not used. That's kind of where we are. We have no recreation areas. Our kids have all grown up and gone away. So I don't know if we ever get one, who's going to be the player on the recreation area, which most of them nowadays have some sort of building that people can meet in and some recreation equipment.

[02:10:52] You know, I'm 81 years old now. I don't need recreation anyway at this point. But anyway, that's my story. My name is Marion Sheeran, and I am a member of Maplewood Farm Civic Association.

[02:11:11] I've been living there for about 35, 38 years or so. And most of the people that live there and have been living there, we have raised our children and somewhat we are somewhat settled.

[02:11:27] And in that community where they want to build or change the subdivision, there is right there in the midst of where all of our seniors, we live in that particular area. And to come over into that area there and try to disrupt our community, I don't think it's fair to the people that live there.

[02:11:50] I don't think it's right for trucks to come in and pulling up trees to disrupt our living, that we've been there for 40, almost 30-some years. I don't think it's right. And our community don't want this in our community.

[02:12:07] They don't want this disruption. So if the board will consider rejecting or changing the proffer from a recreation, the community would appreciate it. We have people there that's elderly people that's walking around.

[02:12:27] They walk around with their dogs. They walk around with their little sticks and whatever to bring these trucks and try to disrupt this community. we think that it's not fair and i believe that uh the people that want to build that is not considering who lives in that community we thank you if you would uh avoid the uh change to the proposal thank you thank you sir anybody else that wish to speak to this case is there anyone

[02:13:03] on webex there's no one to speak to this item my name is karen hamilton and i object to anything where you tear down trees, but it says you have here an area that's for the environmental protection area. That's always laughable with you guys, because you make it as small as possible, and you don't take into consideration the fact that the, as they're saying, the land slopes, it's not suitable. There have been many cases just even nearby. I remember Brandamel and the shrink-swell soil problem that came out after they'd been established as

[02:13:42] a community for a long time. And then I remember reading in the news about Three years ago in Panama City, Florida, actually Panama City Beach, there was a building that collapsed. The building was about 40 years old, but it was built on the beach, and it was a condominium building.

[02:13:58] And people were not even allowed to go back inside and get their possessions at all. There are places on this earth where we should not build, and apparently this is one of those. And what you do is you play a game called deferral. Let's defer it until these people get tired of coming to the meetings and tired of us, and eventually they'll stop showing up and we'll disapprove it anyway.

[02:14:20] That's the game you're playing with these people, and I think they should know. Thank you, ma'am. Anybody else in the room want to speak to this case? Nobody on WebEx, correct? That's right, sir. Thank you, ma'am. Mr. Cooper. Mr. Williams, I'm glad you were here tonight because Mr. Sharon will testify.

[02:14:37] I asked for your number. Correct, Mr. Sharon? No, no, you're going to get back up. I'm just glad you're here because I was going to call you because I wanted to discuss those concerns that you had with you. So, thank you for being here. I spoke to Mr. Archer before I left, as well as Mr. Sharon. So, I guarantee you, by May, date is May, what is it, May 13th, we'll have resolution.

[02:14:59] I'll be out to talk to you all, and I guarantee you won't be deferred after that. Yes, sir.

[02:15:14] Mr. Chairman, I move that REZ 2024-100950 Joseph B. McCutcheon, Jr. be deferred to May 13th, 2025 meeting at request of the applicant. Motion made by Mr. Cooper, seconded by Mr. Rogus.

[02:15:30] those in favor say aye. Aye. And you opposed. Motion carries, Mr. Manager. Next, Mr. Chair. Still within the Fairfield District 346-24, you have AIM Transportation LLC with a conditional rezoning request. The applicant proposes a truck rental and maintenance facility. Miss Moore. Thank you again. Just as a recap, the board did hear this case twice before in its entirety, so I won't belabor all the details of it. It was last deferred at your March 11th.

[02:16:02] public hearing. In summary, as mentioned, the applicant is requesting M1C Light Industrial to relocate their truck rental and maintenance facility, which is currently operating right here to the south. You just received revised proffers dated April 8th. The changes do not alter really significantly the request or the use, but it does add data center as a prohibited use under Proffer 4A. In addition, new Proffer 5 language was added to just reference a building

[02:16:36] elevation that was submitted in your packet. As noted, the 2026 Conference of Plan recommends commercial arterial. The site is also within an enterprise zone. The proposed uses are consistent with the zoning and pattern of development in the area and supports the goals of the enterprise zone program and with the submitted proffera staff supports this request and a planning commission recommended approval at their november 14th 2024 public hearing be happy to answer any questions you may have thank you question thank you ma'am any questions from seeing none this is a public

[02:17:13] hearing does anyone in the room wish to speak to this case seeing none anyone on webex there's no one to speak to this item all right thank you ma'am mr cooper miss connor did you have a presentation you'll make. Mr. Cooper, thank you. Mr. Chairman, members of the board, Andy Conlon, on behalf of AIM Transportation. I really just would like to answer any questions. The one comment I would like to make is that this is keeping a Henrico business in Henrico, servicing other Henrico businesses. You see there are trucks around quite a bit throughout the county and throughout the

[02:17:52] metropolitan region. I think we've tried to rectify the concerns that were raised and the deferrals actually, and I appreciate you, Mr. Cooper, for allowing for an opportunity to allow this case to be uh provided for and answer all the questions that have come up and i think we're really at the best of both worlds keeping a henrico business providing for opportunities for the commercial uses for the community service as well as still providing the quality standards that henrico expects so with that i'll be happy to answer any questions and ask that you follow the planning commission and staff mr joe did you come to the can you just talk to some persons who may

[02:18:29] not understand the background what we've been doing since november at meyer crest as far as assistance what how we massage this with the the changes to allow commercial uses we have worked with it to where it now can allow commercial uses in front of the property so if any retail uses come forward that would be interested in the property the applicant has the ability to develop the frontage in that manner and also as Mr. Conlon noted he has proffered out data centers as a use and we also have elevations now of the case with uh with proffers regarding materials

[02:19:08] thank you mr so basically prior to this we weren't proffered um pads if you will for development restaurants or businesses in the beginning that is correct yes sir initially it was just a a buffer area along mechanicsville turnpike with the uh the service uses for the the rental trucks to the rear and with your your efforts the applicant has provided for retail uses to be allowed along the frontage if they were to come forward and of course the buffer will remain until someone comes

[02:19:46] forward with that type of use and if they do through the POD process in our codes we'll make sure that it's nicely landscaped presents well and continues to block the view of the activities to the rear of the property. State, again, the size of the buffer, if you could, Ms. Emerson?

[02:20:04] The current buffer is 100 feet deep. And so speak to the desire that I have to ensure that no data center can be developed. Sure. Well, there was a concern that a data center possibly could happen on this property, given its size and possibly combining with other properties.

[02:20:22] So the applicant has provided that data centers would not be allowed at this location. Thank you, Ms. Emerson. Can I ask Ms. Emerson a quick question? Yes, sir. Can you, Reverend Cooper brought up data centers. We did something in our last meeting just for the sake of the public.

[02:20:42] I don't think anybody covered it, but what are we doing as it relates to data centers now? Yes, sir. Well, the board requested that we take a look at ways to regulate data centers closer, And we're currently, I've got my staff working on compiling information.

[02:21:00] On Thursday night, I'm going to request that the Planning Commission schedule a work session at their meeting in May and then also provide for a public hearing on potential regulations we may bring forward for them to consider in May as well.

[02:21:18] So those would possibly occur on the May agenda. In essence, there were by-right opportunities for data centers to come that we had no say over. And now what this board is doing is saying we want to look at every single case that comes.

[02:21:35] Well, hopefully something will come out of the study in that way. And we can, I just want to make sure because I know there's some mistruths about the county and data centers. Like we all are looking to, you know, develop data centers.

[02:21:52] It's like, it's lies, honestly. but the board is now trying to put stricter regulations on how and where these data centers are being built. Yes, sir, that is correct. As you noted, we do have by-right zoning similar to this site that would allow the construction of data centers just by meeting the existing codes that are present within the zoning ordinance.

[02:22:20] And what the board has requested that we do is look at an additional level of regulation on that type of construction and enterprise in the county, and that's what we're looking at. Not every site has to go through a rezoning, as you're aware, if it has existing zoning, and that's what we're looking at is an additional regulation to try to better refine and define those uses.

[02:22:54] Just to make sure. There was no other comments. I think Andy was called, and we checked WebEx, so you're up, Mr. Cooper. All right, well, I move that we follow the recommendation of Planning Commission to approve RZ2024-102032 AIM Transportation LSC with the revised proffers date of April 8, 2025.

[02:23:15] Motion made by Mr. Cooper. Is there a second? Second. Seconded by Mr. Nelson. Those in favor say aye. Any opposed? Motion carries. Mr. Manager. Next, Mr. Chair, members of the board, we move into public hearings. Other items, the first item on that, this portion of the agenda, is a resolution.

[02:23:32] These are the real estate tax levies for calendar year 2025. Ms. Miner. Thank you, Mr. Manager, and good evening, Mr. Chairman, members of the Board. This item would set the real estate tax rate for calendar 2025 at 83 cents per $100 of assessed value.

[02:23:49] This represents a two-cent decrease from the 2024 real estate tax rate. This item would also establish the real estate tax levies for seven streetlight service districts varying from one cent to 3.1 cents per $100 assessed values.

[02:24:06] These reflect no changes from the 2024 rates. The Director of Finance recommends approval, and the County Manager concurs. I'd be happy to answer any questions you have in advance to the public hearing. Thank you, ma'am. Any questions from Ms. Miner on this tax relief reduction?

[02:24:23] Seeing none, this is a public hearing. Anyone in the room wish to speak to this item? Anyone on WebEx? There's no one to speak to this item. Thank you. I'll accept a motion on this resolution. Moved by Mr. Cooper. Seconded by Mr. Rogus. Those in favor say aye. Any opposed. Motion carries. Next, Mr. Chair, members of the Board, 106-25 is the resolution. These are the personal property and machinery and tools tax levies that are proposed for 2025. Ms. Minor.

[02:24:55] Thank you again, Mr. Manager, members of the board. This item would set the personal property and machinery and tools rates for calendar 2025. The general personal property rate would be set at $3.35 per $100 of assessed value, which represents a $0.15 decrease from the general personal property rate of calendar 2024 and a $0.05 decrease from the vehicle rate of $3.40 in 2024.

[02:25:21] Other proposed changes from the 2024 rates include the data center equipment rate, which is proposed at $2.60 per $100 of assessed value, and manufactured homes, which would be taxed at the proposed real estate tax rate of $0.83.

[02:25:39] The Director of Finance recommends approval. The County Manager concurs. I'd be happy to answer any questions. Thank you, ma'am. Any questions for Ms. Marder on this one? Seeing none, this is a public hearing. Anyone in the room wish to speak to this resolution? anyone on webex there's no one to speak to this item thank you ma'am is there a motion motion made by mr roundtree second by mr roguers those in favor say aye any post motion carries next mr chair members of board 107-25 is an ordinance this would set the annual utility

[02:26:14] charges for uh the next uh fiscal year mr chand thank you mr manager uh mr chair members of the board. Good evening. This is a proposal for an ordinance to increase bimonthly service and volume charges for water and sewer. The total increase in water and sewer charges for a typical residential customer using 10 ccf of water every two months will be $7.35 or approximately 12 cents per day.

[02:26:43] The changes would be effective July 1st of this year and are recommended to support annual operating, debt service, and capital costs associated with water and sewer projects. With that, I'll be happy to answer any questions that you have ahead of the public hearing.

[02:27:02] Thank you, sir. Any questions for Bentley? Mr. Chan, so, you know, we did a little digging into, I guess, the historical rate increases throughout the county. Are you familiar with what the county has done going back a couple of decades, a few decades? Yes, ma'am. I have that in front of me. Okay. And what is the, I see the chart that you guys compiled for us. It looks like the highest would have been 1985, which was a 10% sewer increase, 8% water increase. Is that about right? Yes, ma'am. And then just looking back from

[02:27:40] 1985 through present day, it seems as though it's fairly consistent. There were, I see, 2001, 2002 2003 no increases is anything in particular about those years that jump out at you uh yes ma'am um so i believe uh that was during uh an economic uh downturn and then i think again in the uh the late um uh i guess the late 2000s and then uh just to um jump ahead a little bit uh we did elect to

[02:28:12] do. We had an approval for a 5% rate increase ahead of the COVID-19 pandemic, which we elected to, with this board's concurrence, pull back. So, and it seems, as I like, the numbers vary.

[02:28:30] Like I said, there's kind of that one high mark of 10% and 8% in 1985, and then obviously zero at the low end, but there seems to be a fairly consistent range between 2% and 6% going back through the past 50 years.

[02:28:49] Is that right? Yes, ma'am. And so with continuous or programmed minimal rate increases, you can do a little bit at a time and not have what we call in the industry rate shock, which you have to play catch up.

[02:29:09] And I'll say that there are other localities in this region who have not been proactive as this board in funding efforts in renewing utilities, expanding utilities for the benefit of the residents and have gotten very, very behind and have had to do pretty heavy rate increases to the detriment of the public.

[02:29:32] or, on the flip side, not maintained at their facilities such that they break down and create a water crisis. Is that fair to say? Yes, ma'am, it is. And I think the math was brought out that this particular proposed rate increase for this year would net, is it $7 per month average per household?

[02:29:57] For every two months. Every two months, so $3.50 per month. Yes, ma'am. And we also asked, I think it was my colleague, Mr. Rogish, asked to get a history of water main breaks just because, as you mentioned, this is a lot of where this money is going is trying to make sure that we've got the infrastructure right.

[02:30:18] And these numbers are a little shocking, I would say. 2024, 374 water main breaks in the county? Yes, ma'am. And a lot of it is tied to both age and, I guess, environment.

[02:30:40] So you have, like, really cold weather, really hot weather, really cold weather again. And so while our systems are resilient, they can't turn as quickly. And so you have a lot of ground shift causing water main breaks. And so we have had a number of very cold years in the past, resulting in that older infrastructure breaking.

[02:31:07] And so a lot of what this rate increase will fund is infrastructure renewal as well as infrastructure resiliency. And in our legislative budget review, I did speak of major water main renewals.

[02:31:27] So we're talking about areas like Staples Mill, West Broad, Monument Avenue, which we've seen multiple breaks on in the past year and in the years previously.

[02:31:42] previously. And so what we want to do is make sure that flipping those properties that are served by those major water mains so that they are connected to backup sources behind the properties. And then while we do that, replace the pipe in the main road, in the West Broad, in the Staples Mill, in the monuments, avenues, to make sure that we can count on that as well as have the ability to switch something over

[02:32:15] should an incident happen and we're working in the major road, we can have all of those properties still be in service very quickly. Would it be fair to say that we talked about Henrico's really quick response and effective response to the water crisis that happened earlier this year, would you attribute that to the fact that there's been kind of this consistent maintenance of monitoring the rate increases to provide that revenue?

[02:32:48] That is correct. Those proactive and continual rate increases have helped us be not only resilient but sustainable in the services that we provide and the infrastructure that we take care of.

[02:33:05] Does that also go into the countywide efforts to get people on to water as opposed to well and septic? Yes, ma'am. So as part of this rate increase, we are putting many dollars towards maintenance, but also to infill, which is the expansion of our system to help residents on well and septic, as well as money towards renewing our infrastructure.

[02:33:39] And I see year-to-date 2025, even though all of 2024, we had 374 water main breaks, 2025 to date here at the beginning of April, 207 already. Yes, ma'am, and a lot of that is due to the water crisis and having empty pipes, a lot of cold air in those pipes, And then, you know, moderately warmer water being pushed through those pipes very, very quickly to recharge the system to serve our residents.

[02:34:12] So another jurisdiction's failure to maintain theirs increased the expense or what we needed to do on ours to maintain water for our residents. Yes, ma'am. And then the last set of data that was pulled was just, you know, curiosity, I think, as far as consumers of water.

[02:34:31] And I recognize that there are some privacy concerns. But as far as the top ten consumers of water in the county, it seems a large use of our multifamily residences.

[02:34:48] And could you explain a little bit more about that? So apartment complexes, a lot of major developments, major housing developments that tend to use a lot of water. So it's one of the, like, one category of our larger customers.

[02:35:06] The other is pharmaceuticals, food and beverage, hospitals, and there's only one in that list that is a data center. And if you'll allow, I'll answer another question that may come up, which is data centers only account for a half to one MGD.

[02:35:32] MGD is a million gallons per day out of our like 30 to 40 that is used in the county on a daily basis. So 30 to 40 million gallons, data centers only account for half a million to a million gallons at the most.

[02:35:50] Don't go too far. I want to go back here once this round trip is finished. Don't go too far from the data centers. And, in fact, I think it was a richmonder.com article yesterday I saw that said that it's comparable to a large office building.

[02:36:09] Is that accurate? Do you agree with that? It is these days. And so we've spoke about it in this forum before, but they are not in any way like a big user of water for us. We don't count on them in the same way that we count on multifamily in hospitals.

[02:36:28] And, like, you can probably guess the beverage company that is our number one customer. We would wish that we would have more of that because we're in the business of selling water.

[02:36:44] So is there, and how long have you been our director? For five years now. Okay. Is there any truth, any basis to an allegation that the data centers are driving our water plan, whether it's, you know, building new infrastructure, whether it's the rate increase?

[02:37:08] Could you speak to what impact or what influence data centers are having on our water planning? I would say minimal to none. Really, our water planning is to serve residents.

[02:37:23] And the board, through this water crisis and following the water crisis, initiated an effort to bring water from our treatment facility off of 3CHOP across the county.

[02:37:41] And so a lot of what we're seeing in this 5% in this budget is for those efforts to serve all customers in Hemrite Go with Hemrite Go water, but not only that, to make sure that that infrastructure is resilient and sustainable so that the things that we take care of, the things that we need to, that we count on, that serve us.

[02:38:10] And you used two words, resilient and sustainable, and I would throw in there equitable as well because, I mean, you were boots on the ground as we were going through that and in the aftermath of it, and there were hard questions that were asked, and I see Ms. Hutchinson here, and I know that we've had some hard conversations about making sure that our resources are dispatched equitably throughout the county. And so would you agree that as we are planning and figuring out where our infrastructure dollars go, including as brought by this rate increase, which is

[02:38:45] completely consistent with what's been done historically in this country, that it is geared in large part towards equitable access to water throughout the country, excuse me, throughout the county. Yes, ma'am. And one of the first conversations that I had with the manager when I was appointed was that, well, what do you want to do? And we were talking about universal access uh to public water public sewer uh it is not like we are not forcing anyone to connect but we want it so that uh if you need it it is in the street uh right outside your house

[02:39:23] so you're telling me that this is not um you know i say you know this is a this is a part of a big old plan that we have and i think we need to just stop playing games and 20 years ago when we all in our 20s, some group that was sitting up here decided to enter into a contract with the city that they knew 20 years down the road, the water treatment plant would fail after a snowstorm. And we are all a part of some great conspiracy theory to build a $328 million water line,

[02:40:01] not for the citizens that we run into, that I run into every day at Publix or wherever I am in in the district who are frustrated that they didn't have water who have questions about where we get the water from and the many people that i've crossed in my 14 years of serving on this board who say why can't i have access to water but it is not about any of that this is about there is this big old conspiracy plan to run water throughout verona not for its citizens but for data centers now what is the data what is the usage again mr manager i asked you this

[02:40:38] question earlier. In a tech park that is probably about 70 percent built out already, where are we with water usage in the tech park? So you recall we had a semiconductor that employed about 3,000 people. The county ran 10 MGD of capacity for that one facility that serves all of White Oak, And right now, White Oak, the usage is two?

[02:41:08] Two to three MGD. And we can get up to what? So we can get up to like 120, 130 based on all of our resources, including the recently completed Cops Creek Reservoir.

[02:41:24] All right, but at the capacity of where we are in the tech park and what else can go out there, we wouldn't get anywhere near 100. no sir um but if we needed to get to 10 we can get there right now like we don't need to spend 300 million 328 million came up because the county manager long-term planning that's what we that's what we pay him for long-term planning to come up with a short-term plan a medium-time plan a long-time plan we're still talking to the city of richmond we have a meeting next week

[02:41:59] with the city of richmond to talk about the water treatment plan and yes i do get frustrated sometimes because the stuff that people continuously try to say about us is not true. So we're not trying to build a $328 million pipeline for water.

[02:42:19] We're not trying to raise the citizens' rate so that we can get water to data centers. Like, we don't care about our people. We've been doing this for a long time. We care about our people. We continue to care about our people. We want our people to have the best services possible.

[02:42:35] We're not sold out to no data set of companies. Most of us up here don't even want them. And so it is frustrating continuously see it and hear it. This rate change is something that we've been doing to try to keep up with our infrastructure costs, not because boards and supervisors have been failing the county.

[02:42:59] That's not it. It's just the infrastructure costs money. That's what it costs. And to get money all the way out to Varana, it is going to cost. But we haven't even said that's what we're trying to do right now. And so it's just unfortunate that mistruths.

[02:43:20] I'm standing on that. That's what I believe. It's not fair. And so you said $7 every other month, $3.50. And so let's say a customer can't pay that. We work with our customers, right?

[02:43:37] Oh, yes, sir, we do. Okay, so are we turning off water at this point? Only if you get to a really high balance, and even at that point, we're constantly talking with you saying, hey, can we connect you with these resources out there to help get the bill paid down, and we absolutely want to keep the water on.

[02:44:01] I just called you about a situation that was high. And between scene connections and some other places, they were able to help. So I don't know about cases where people's water is turned off.

[02:44:18] So, again, this is no conspiracy. Or maybe it is. And if it is, it's above my head, and I'm not smart enough to decipher it. But right now, I trust the people that work here. And I trust my colleagues.

[02:44:33] And so no citizens, regardless of what you hear, we're not trying to run some game. This is real business. These are some real costs. And there's not one industry here that we're trying to blow up at the expense of our citizens.

[02:44:54] Sir, any other questions for Bentley at this time? Well, we're coming to you next. So come on, come on, come on up. You're next. If there are no other questions, we are in the midst of a public hearing. Anyone in the room that wishes to speak to this case, head towards the back.

[02:45:13] this is this is your time so please address sir any questions to the chair from there and I will remind any speakers that the board does ask that you limit your comments to a five-minute time period good evening mr. manager and the board members I think if I heard mr. Chen correctly about the breakage in the piping system fractures. The number is 374. It seems high to me. And if I heard Mr. Chin

[02:45:51] correctly, he mentioned about the temperature changes. I think you said that in the pipes there is cold air and the warmer, relatively warmer water comes in contact. Is that what you said? Thank you, sir. I got your question. Did you reference in the question with regard to cold pipes and hot water, is that what you're asking?

[02:46:18] - Cold pipe, the breakage. - Yeah, that's exactly what he mentioned as the result when the pipes were empty and they were cold from the cold air, sending water through them did exacerbate the pipe breakage. - I don't find that engineering explanation since I'm an engineer myself, registered professional.

[02:46:42] Something is missing there. I do not wish to debate this point at this point in time. Secondly, the lines are buried and the ground temperature remains barely constant at a certain depth and further down. Can I, can I, because I don't want to let that go, okay?

[02:47:01] Because, you know, I understand you're an engineer. He's an engineer as well. Will you please speak to what happens with hammering and what happens when our system went under that pressure? Because everybody needs to understand this. Water hammer is a different scenario.

[02:47:18] So you listen to what Mr. Chan has to say. So thank you for your question. So there are a couple scenarios that we're looking at. And this particular scenario with the cold air that got into the pipes while they were empty was a result of what happened after the water crisis.

[02:47:37] And so when you have relatively warmer air going through the line, pushing relatively warmer water, sorry, going into the line, pushing that air and pushing it fast across those pipes, then you get a pressure differential that causes breakage.

[02:48:02] And so we have a lot of cast iron in our system that is more subject to breakage after a certain age, and we're reaching that age right now. And so the other thing that I wanted to speak to was I get this a lot.

[02:48:21] I get a lot of, well, it's buried underground, and so it should be protected. Hey, I wish that it was protected. I wish that, hey, we didn't have to deal with, what, 207 or 374 water main breaks in a season or in a year.

[02:48:39] But what happens is that the soil is not uniform. And so if you have uniform soil, you have uniform movement, uniform movement when it gets hot and when it gets cold. But you don't have uniform soil and you have migration of different soils into that trench.

[02:49:03] And so they don't all react the same way. And yes, you say that it's buried at a certain depth, but we're seeing like really, really deep cold in this past year and in previous years that has been causing that.

[02:49:21] Okay. Sir, thank you. If you have intricate questions about pipe breakage, this is a, this is, right now, we're talking about a public hearing case with regard to, regard to utility charges. If you want to talk about pipe. If the utility charges are going up because of the breakage, then something needs to be done about the breakage.

[02:49:39] Do you have any questions? Thank you. You're good? Good, for right now. All right, thank you. I'll take the next one. Thank you. Thank you. Jeremiah, I live in Henrico County for a little over 12 years. Quick question as to, we're in the business of selling water.

[02:49:57] That is a very for-profit corporate attitude to have. It might have been a misspeak. But turning water out for profit is not what a county's water supply is supposed to do. We are supposed to protect our infrastructure. We're supposed to provide reasonable, safe water to the clients.

[02:50:16] How much do we expect to spend in fluoridating the water? Because if we're using 20 to 40 million gallons of water a day, and y'all want to fluoridate that water with a known pollutant, how much is that going to cost us daily?

[02:50:32] So can I, Mr. Chair? Sure, please. So this is, how many folks are here to speak on fluoride? Well, actually, it's going to, wanting to raise our increases right now. I have to take my daughter home from school so I can't stay for the full fluoridation. But if y'all are looking to budget fluoridation, that costs money.

[02:50:48] Last year, Henrico County spent just over $11,000 on fluoride of all of our chemical costs, which topped $3 million last year. Does that answer your question?

[02:51:04] partially to add three million dollars to the county's budget to put pollutants in our water again i'll take my daughter home eleven thousand dollars eleven thousand dollars that's what i said right so how can eleven thousand dollars if it's about a hundred to 125 dollars a bag to put into the water for a 50 pound bag you're telling me mathematically that eleven thousand dollars provide enough water to go through hundreds of millions of gallons during the course of a year no sir well no that is exactly what no hey ma'am ma'am stop you know this is not yes sir you got any other questions yeah no that's all for now if you would if you leave your uh name and number

[02:51:42] with one of the deputies absolutely i'll actually send you the invoice thank you you're welcome anyone else wish to speak on this case sir go ahead hi my name is ilia dubavoy i live at 1609 pine shadow court i actually have no objection to any price necessary increases to maintain the excellent infrastructure that we enjoy in the county and but i do want to speak a little bit about the dangers of fluoride i'm a physician a neurologist i've uh i grew up in hey sir i'm sorry

[02:52:22] i have to cut you off you can speak to the fluoride in public comment anytime you want it's In fact, it's coming up next. This particular case is about our utility charges and amending and reordaining Section 2361. Oh, sure, sure. Okay, well. Thank you very much. Anyone else want to speak to this particular case?

[02:52:39] And again, ma'am, I will remind you to speak to the case, please. So my name is Karen Hamilton, and the one comment I have to make is concerning Mr. Nelson. You know, I like you, but the thing is, you said that it's not about the data centers. Well, on the other hand, your predecessors, well, one of the predecessors, Tommy Brannon, was commenting one time about data centers, and he said that Hanover County and the other counties were, quote, beating us.

[02:53:08] Mrs. Roundtree, you said the same thing just a few months ago to the news about other counties beating us. So, you know, you're all vying for that same attention from the data centers, so I want to just clarify that because they do use a lot of water. Thank you, ma'am.

[02:53:26] Yes, ma'am. Members of the Board of Supervisors, my name is Gray Montrose, and I live at 4300 Eanes Lane in Henrico, and that's in the Verina District. I'm combining my comments tonight on the water rate increase and the property tax decrease.

[02:53:41] The Board proposes this year to increase water rates and lower property taxes, and this could not be a clearer example of a giveaway to the rich and an increasing burden on the poor. Let's do the math. A house on, say, Countryside Lane in Tuckahoe that is assessed at $1.3 million pays about $11,200 annually in property taxes.

[02:54:03] With the proposed tax cut, the owner of that house will save about $263 annually. A house on, say, Eanes Lane in Verona, assessed at $193,000, will realize a savings of about $40. A difference of about $220, a direct benefit to the wealthiest, because we all know that a dollar matters most to those with the fewest dollars.

[02:54:27] Meanwhile, the proposed increases in our water bills will disproportionately affect the poorest, who can least afford any increase, and are the most likely to live with older appliances, leaky pipes, high-usage toilets that use gallons of water with every flush. Why? Why would Henrico's leadership so blatantly embrace giveaways to the rich and burdens on the poor?

[02:54:49] We might all understand increases that benefit the people. Infrastructure does cost money, and we can only blame our predecessors for ignoring the long-term costs of infrastructure while worshiping the god of greed. Or, I'm sorry, growth. But this water bill increase is going to another giveaway, this time to industry.

[02:55:09] Henrico is putting that money towards a $328 million waterline pointed straight at data center campuses, pointed straight at Elko. It's not for us. We all remember being told during the data center hearings that there really wasn't any residential housing in that area.

[02:55:27] So it's clear this waterline tripling capacity in an industrial area is for industrial users. $328 million for an industry that makes the county about $3 million a year. Even with the proposed and now approved machine tax increases, that bill won't be paid for more than a generation, with no guarantees that the industry will even exist decades from now.

[02:55:51] Those same data centers are responsible for a proposed 15% increase in everyone's monthly power bills, another burden that falls heaviest on those in older, less efficient homes with older appliances and the least margin in their budgets. These power bills factor into the math for data centers, too, who get to choose whether to cool their operations with evaporation using water or recirculation, which draws enormous amounts of power.

[02:56:17] It's misleading to say that data centers currently elect to use recirculating systems with low water use when dozens of data centers in Henrico are in design and could easily switch to water-cooled if the energy costs don't fit their math. We are taking from the poorest, burdening the poorest to give away money to the richest and the most powerful, doubling down on old-fashioned, outdated policies that will only make our community less resilient in the coming economic downturn.

[02:56:44] We talk about how infrastructure costs money and point to our sister city of Richmond to blame them for not taking care of their infrastructure when they burned through their Greenfield Savings Bank decades ago. They ran out of room, and they can't pay their bills without those quick injections of cash or raising property taxes higher than people can afford.

[02:57:06] Here in Henrico, we're throwing those savings away in the form of tax giveaways and burning through our greenfields. Henrico should be protecting its revenue, protecting its greenfield bank, saving for a rainy day, because there are frightening economic thunderstorms in the forecast.

[02:57:24] Instead, we're making it rain for those already best prepared to weather the downturn while burdening those most in need of a little shelter from the tidal waves of bills drowning our working-class families. Thank you. Thank you, ma'am. Anybody else wish to speak to this case?

[02:57:41] Speak about the cost of the water. This is on the water. Sure. The cost, I promise you. Yeah, go for it. Okay, thank you. From my understanding, the county wasted millions of dollars last year replacing broken fluoride equipment that the county did not wish to fix due to the dangerous nature of hydrofluoric acid.

[02:58:02] But sadly, those in charge of providing our county with pure water wrongly thought that they had no choice but to waste our money and fix the broken equipment. If we stop this wasteful spending on unwanted dangerous fluoride chemicals and equipment, then we can stop the rate increase.

[02:58:23] Furthermore, what happened last year was a travesty. Mr. Chan and the other county employees mistakenly thought that the Virginia Department of Health had the authority to require water fluoridation. But had Mr. Chan and the others read the Virginia Administrative Code 12VAC 5-590-930 fluoridation, none of us would be standing here today fighting for affordable water.

[02:58:54] Additionally, VDH cannot require or request that Henrico waste money on a fluoride program due to the Federal Safe Drinking Water Act. But because the DPU director and county manager never bothered to read the regulation for themselves, they went forward with wasting county money that has ultimately led us to this very debacle.

[02:59:21] These men have spent millions upon millions of dollars based upon false assumptions. And now, because these men were derelict in their duties, the DPU director suggests that we raise the cost of water.

[02:59:38] This is unacceptable. Do you know what the really disturbing part of all of this is? The Henrico employees did not know that the county was supposed to vote on a water fluoridation program before spending the millions of dollars.

[02:59:55] for they just spent our money without understanding how a fluoridation program is supposed to work. And now that they've been caught in their abuse of discretion and wasting our hard-earned money, they want to lie straight to our faces in a meager attempt to cover their tracks.

[03:00:17] board members if we stop this abuse of discretion and poor decision making i'd like to regain my time please and instead spend more time i'll be happy to give you your time back ma'am i have a question i forgive me my my ask of you is if you'd like to continue your time please again speak to the case you're speaking about fluoride and costs we're talking about utility rates and if you tie it to that you're good but you that's exactly what i'm doing here sir the case is what i'm asking so please continue. The case that we're talking about right now. I completely understand that,

[03:00:53] sir. Ordinance to change utility charges. When you don't waste county money, then you don't have to raise water. One affects the other. May I continue? Stick to that. Yes, ma'am. And instead, spend a little more time on reading comprehension and critical thinking. Then we can stop the hemorrhaging of county money, which means that we would no longer need to increase the cost of water, okay? The good news is that this board finally knows the truth about this wasteful

[03:01:28] spending and can finally fix it. And the good news is that you've been made aware of the fact that the Henrico County went 309 days without fluoride in 2024 and the sky didn't fall.

[03:01:45] Additionally, we mustn't allow the Virginia Department of Health to hijack our county by compromising the minds and integrity of the DPU director and county manager. Henrico is not required to spend millions of dollars on fluoride program every year, which means that you can save lots of money and focus on fresh, clean, safe, affordable drinking water.

[03:02:14] Many other communities have recognized that fluoridation is an unnecessary and unwanted expense. And I hope you will too. Stop water fluoridation so you can stop the rate increase for our water bill.

[03:02:32] If the town of Timberville, Virginia can do it, then we can too. Finally, again, HHS has already recommended against water fluoridation, which means that VDH no longer recommends fluoridation, which should make your decision tonight that much easier.

[03:02:52] Thank you. Thank you, ma'am. Anyone on WebEx wish to speak to this case? You dare? There's no one to speak to this item. Thank you, ma'am. Ms. Ramsey, if I could, you have... You don't need to return to the podium. I just want to make a comment. You come to our meetings every month, and you speak, and we give you respect.

[03:03:14] We let you speak. You're told your time allotment. Sometimes you go over it. You continue to speak. We listen. We have never once suggested that you should not come here, despite the fact that increasingly, when you speak, you call good people names.

[03:03:31] You use derogatory comments. You use inappropriate sexual innuendo. Oftentimes when there are young children sitting in here, and it's just not appropriate. I don't find what you're doing appropriate, so that makes two of us. I am asking that you recognize common decorum and decency in a civilized proceeding.

[03:03:51] You can have your opinion, but you don't have to come in here and accuse people of not having any comprehension. Ma'am, are you suggesting that I censor my speech for your delicate ears? I am suggesting that you observe common notions of decency because this is a civilized discussion.

[03:04:09] There are often children and young people in this audience, and it's just common courtesy. I think decency would be for you to answer this question. Who is in charge of the water fluoridation program? We did not vote on it. There's no vote. There's no ordinance.

[03:04:24] So the Board of Supervisors never voted on this. For six months, I asked who was in charge. Not one of you have answered my questions. Ms. Roundtree, you chose last night not to answer that question. Others have kind of danced around the question and said after six months, they still don't know who's in charge.

[03:04:42] So if you're upset, it's because you feel that I'm upset. The only time I got y'all to look up was when I used a sexual innuendo, right? You were fiddling your papers and not giving me respect, which then in return made me act like a toddler to do everything I could in order to gain your attention.

[03:05:05] I see I've gained your attention, so my methods have been successful. Ms. Ramsey, thank you for your comments. I was trying to provide you constructive criticism as to have your comments be well received. You have not upset me.

[03:05:20] You don't have the ability to upset me, and we should not have the ability to make you act like a toddler. Thank you. Thank you, ma'am. Seeing there's no one else in the room to speak to this issue and no one on WebEx, is there a motion or any further comment on the resolution?

[03:05:38] So moved. Second. A motion made by Mr. Cooper, seconded by Mr. Nelson. Those in favor say aye. Aye. Any opposed. Motion carries. Mr. Manager. All right, Mr. Chairman, members of the board, we continue in the public hearing agenda. Mr. Anthony, if you would come forward with 108.25, resolution for signatory authority.

[03:05:58] This is a quit claim for portions of existing utility easements on Livy Lane, which is in Fairfield. Thank you, Mr. Manager. Mr. Chair, honorable members of the board, this board paper authorizes the chair to execute a quit claim deed releasing any interest the county may have in portions of existing utility easements on the property of an apartment complex in the Virginia Center Commons Redevelopment.

[03:06:21] The Virginia Center Partners, LLC, the owner of the property encumbered by the utility easements, has requested this action. The county does not need the easements to be quitclaimed, and there are no county facilities in that area. The Real Property Division has processed this request to the Deputy County Manager for Community Operations and the Departments of Planning and Public Utilities without objection.

[03:06:43] The Director of Real Property recommends approval of the board paper. The County Manager concurs. I'll be happy to address any questions. Thank you, sir. Any questions? This is a public hearing. Anybody in the room wish to speak to this resolution with regard to the quick claim? Seeing none. Anyone on WebEx?

[03:07:00] There's no one to speak to this item. All right. Is there a motion? So moved, Ms. Chairman. Second. Motion made by Mr. Cooper, seconded by Mr. Nelson. Those in favor say aye. Aye. Any opposed? Motion carries. Mr. Manager. Dash 25 is a resolution. Claim of portions of existing utility easements.

[03:07:18] These are on All Star Boulevard, Alquist Street, and Badger Road, which are all in the Fairfield District. Mr. Anthony. Once again, Mr. Manager, Mr. Chair, honorable members of the board, this would authorize the chair to execute quick claim via releasing any interest the county may have in portions of existing utility easement. The owner of the property encumbered by the utility easements has requested this action.

[03:07:37] The county does not need the easements to be quick claimed, and there are no county facilities in that area. The real property division has processed this request through the deputy county manager for community operations in the departments of planning and public utilities without objection. Director of Real Property recommends approval of the board paper.

[03:07:54] County manager concurs. I'll be happy to address. Any questions? Thank you, sir. Any questions? Seeing none, anyone in the room wish to speak to this item? Anyone on Webex? There's no one to speak to this item. Thank you, ma'am. Mr. Cooper. So moved, Ms. Simmons.

[03:08:10] So moved. Motion made by Mr. Cooper, seconded by Mr. Nelson. Those in favor say aye. Aye. Any opposed. Motion carries, Mr. Manager. Mr. Chair, 110-25 is an ordinance for a vacation of right-of-way. This is on Tech Park Place, which is in the Verona District. Mr. Anthony. Thank you once again, Mr. Manager.

[03:08:25] Mr. Chair, honorable members of the board, this wood vacate portion of right-of-way known as Tech Park Place, which bisects a parcel owned by Attack Me Tech Partners, LLC. The county right-of-way is not necessary for public transit. The owner has requested the vacation to redevelop the southern end of its parcel.

[03:08:42] The Real Property Division has processed this request through vacation through Departments of Planning, Public Works, and Utilities without objection. The director of real property recommends approve of the four paper. The county manager concurs. I'll be happy to address any questions. thank you sir any questions it's a public hearing anyone in the room wish to speak to this ordinance anyone on webex there's no one to speak to this item thank you ma'am mr nelson so moved second motion made by mr nelson seconded by mr cooper those in favor say aye aye any vote mr manager i think that's the end of our public hearings is correct yes sir you would move into public

[03:09:19] comments all right for tonight's public comments we will again ask all speakers to use the lectern in the back. Speakers must address their comments to the board and shall begin by stating their name and address. Discussions between speakers and members of the audience are not allowed. Please note there's a five minute time limit on your comments.

[03:09:38] Anybody who's brought printed documents can share them here with the clerk. And if you're on WebEx and you wish to participate again, go to Guidance for Board of Supervisors meeting, click on the WebEx event, and our moderator will help you out. Mr. Manager, anybody pre-registered? Cheryl Wilson.

[03:09:57] anybody on web is your shara wilson on webex she's not sir all right that's it uh i have miss uh ramsey that is signed up to speak hi i think i think others too may not have signed up so i think it's other people oh absolutely yeah after we get through the registry and we'll get if you're in the room uh you can head towards the back and begin lining up miss ramsey you may begin let's talk about fluoride fluoride is both an additive and a drug that's added to the water for

[03:10:34] the purpose of treating people, not the water. Furthermore, the government has never established a safe level of fluoride to ingest. What we do know about fluoride is that it's a dangerous neurotoxicant. This is why a U.S. federal court ruled that water fluoridation at the so-called optimal level poses an unreasonable risk to the health of humans. We also know that fluoride targets organs. Just read the label and you will see that fluoride targets the heart, kidneys,

[03:11:08] bones, central nervous system, gastrointestinal system, and of course, the teeth. Additionally, we know that fluoride binds to aluminum and concentrates in the brain, which contributes to Alzheimer's disease, and that fluoride collects in the pineal gland, which causes additional suffering with those with Alzheimer's. Moreover, fluoride displaces iodine. Those suffering from thyroid problems are told by their doctors not to drink Henrico's fluoridated water because it will only worsen their condition. On top of that, Henrico's fluoridated water

[03:11:47] causes a type of disfigurement known as dental fluorosis. Moving on, the county has never voted on a community water fluoridation program instead in december of 2024 one man bentley chan who was our public utilities director inappropriately ordered that fluoride chemicals be added into our public drinking water as if mr chan is the owner of the henrico waterworks this is a clear abuse of discretion for mr chan is not the owner of the county's waterworks additionally fluoridation

[03:12:26] goes directly against the Federal Safe Drinking Water Act, 42 U.S.C., which prohibits requiring any substance to be added to the drinking water for preventive health care purposes. Henrico's water fluoridation program also goes against the Code of Virginia, 18.2-54.1 Attempts to Poison, and 32.1-170 Regulations, which mandates pure water that protects public health for everyone.

[03:13:00] The public water system should be about fresh, clean, safe drinking water, not a means for delivering government-prescribed medicine without the consent of the consumer. We should all have the right as to what we spit and what we swallow.

[03:13:18] What's more is that many of you have quietly told me that you are against water fluoridation. Heck, even Mr. Chan himself has been shopping around for water filters. So what is stopping all of you from ending the unethical program today?

[03:13:37] There is no ordinance, which means that all you have to do is tell Bentley Chan to stop before he gets the county sued. Please, I implore you to follow the lead of the thousands of other communities in the U.S. that have rejected fluoridation.

[03:13:55] Just last week in Timberville, Virginia, the town council voted unanimously to stop adding fluoride to the town water due to a combination of health reasons, cost savings, and most importantly, informed consent.

[03:14:13] Timberville stopped fluoridation the exact same day that the town council voted because VDH cannot require fluoridation, not even for one day. At this point, with all the evidence, it would be public health malpractice to leave fluoride in our drinking water.

[03:14:35] Henrico has no ordinance, and VDH cannot require fluoridation. All you need to do is get those rogue county workers under control, fire and arrest them if necessary. But one thing that this board cannot do is ignore the risk.

[03:14:55] Board of Supervisors, you have a legal duty of care to protect the county and all that reside here. Not just those in the county who claim to enjoy ingesting fluoride chemicals while at At the same time, secretly buying filters behind closed doors.

[03:15:14] Ms. Ramsey. Yes. So, I'm going to say this one time. I'm the county manager. The board appoints one employee. When you come forward, if it's the devil you seek, then name my name. But don't you dare, again, bring up Bentley Chan or another county employee into a public comment.

[03:15:35] I didn't hear you for the first part. Can you please repeat that for me? No, ma'am. You can go back and watch it on the video. Thank you for your comments tonight, ma'am. I'm sad that you, again, didn't heed Ms. Roundtree's really wonderful request and gracious request.

[03:15:52] To self-censor? No, we appreciate your time today. Thank you for your five minutes. Okay, great. Thank you. Your comments on impact. Hi, I'm, as I said, Ilya Dubovoy. I live at 1609 Pine Shadow Court.

[03:16:08] I'm a physician in the community. I grew up here in a more, say, subdued manner. Perhaps I can provide some commentary, expert opinion, on the use of fluoride in public health.

[03:16:25] Now, back when this was a point of controversy and a point of important public health measure to theoretically reduce the rate of dental caries, there was some evidence that in animal models and in populations, higher level of fluoride in the drinking water was correlated with lower incidence of dental caries.

[03:16:49] Over the years, the best evidence that we have really suggests that systemic fluoride exposure does not reduce the rate of dental caries and does not really improve bone or, for that matter, dental health.

[03:17:08] Topical application of fluoride does seem to be beneficial, but there are many factors which are kind of involved in the development of caries and other minerals and neuroendocrine factors, nutrition, of course.

[03:17:24] I'm not a dentist, but I do have some interest in the field. Nevertheless, getting back to the specific application of systemic fluoride for dental health, really the evidence is poor.

[03:17:44] There is a risk of harm that's been raised by research in both neurology and endocrinology. It is well known that in areas with high endemic fluoride levels in China, Turkey, Iran, etc., the research suggests that even levels as low as 1.5 or 2 ppm are sufficient to cause an epidemiological impact on IQ and development in children.

[03:18:21] And we have evidence that most people these days are actually getting enough systemic fluoride to cause evidence of damage to the teeth. The rate of dental fluorosis in children, you can talk to my colleagues at VCU about this.

[03:18:41] Virtually 100% of children in Richmond City, especially poor kids, have evidence of dental fluorosis on their teeth. You know, studies peg the level in teenagers, 14 to 12 to 14 years old, around 40 to 50%.

[03:18:56] So we're getting enough systemic fluoride, even without, you know, even if you were to remove it from the water supply, tea is a very significant source, drinks, virtually everything that you can buy has some degree of fluoride in it, juices, and it really has little benefit.

[03:19:18] The level at which Henrico County fluoridates the water, I think it's 0.7 ppm. Actually, the test, I think, for 2003 came back at 0.6, if I recall. Put a gun to my head. Do I think those levels are dangerous? Probably not.

[03:19:35] Do I think that they provide any benefit? No. So as far as risk-benefit ratio, I don't think that that would be useful. And I think that really, given the level of systemic fluoride exposure that most people get, it's completely unnecessary and not worth a minor amount that's spent on it.

[03:20:01] And would assuage a certain degree of the population, myself included, and boost confidence in leadership and water quality. That's pretty much all I have to say. There is something you want to add to the water supply.

[03:20:16] I would point at the lithium research, frankly. Reduces suicide and homicide rates in the Texas counties in which it is naturally high. Big fan of lithium. Prevents Alzheimer's. Great mood booster. Low levels of lithium. Highly beneficial.

[03:20:33] So that would be what I would add to the water supply as a neurologist. But not fluoride. That is all. Thank you, sir. I think I'm going to do it the right way this time.

[03:20:55] Good evening, Mr. Manager. Good evening Mr. Chairman and the board members. My name is Sam Storman. I am a resident of Henrico County for the last 35 years. I'm going to keep my comments regarding water fluoridation short and simple.

[03:21:15] It seems to me that the cases have been presented and as I have listened to the news including noon news on ABC today that the federal government is now talking about. That's what it seems to me. This is my simplified way of saying I have the footage. The HHA person came on board and then other people came on board.

[03:21:42] So would you keep that in your mind that there is activity at the federal level? Would the board also consider that Utah has passed the law, whether it's regulation law, I'm not a lawyer.

[03:22:00] Would you look into that? What were their reasons? Were they medically or something else? Lakeland, I heard on the news about six months ago in Florida, they also stopped water fluoridation.

[03:22:16] There must be some reasons for these different places where they stopped water fluoridation. Would the board members look into this, investigate, talk to them, see why they did it?

[03:22:38] It seems to me, based upon some of the medical presentation that has been made, that there seems to be no health benefit from a fluoridation into the drinking water.

[03:22:57] But the topical application, fluoride, toothpaste, that will do the trick if that's what the dentists say. Thank you for your time. Thank you, sir. Ma'am, is there anyone on WebEx that we should speak to any public comment?

[03:23:17] There's no one to speak on WebEx. All right. Thank you very much. Mr. Manager, it appears we've made it to the general agenda. We have, Mr. Chair, first item on the general agenda is 88-25. this is the approval of the annual operating and capital budget which was deferred from the march 25th meeting as by law as you went through budget hearings as a board you did make a change that was between recreation and parks and the sports and entertainment authority so i do mr chairman members of board have a substitute for your consideration that would be the resolution

[03:23:55] for the fy 26 budget the substitute moves one personnel position from the general government to the sports and entertainment authority and it's labeled as substitute resolution 88a-25 thank you sir is there a motion to uh and the substitute motion made by miss roundtree second by mr roguish those in favor say aye aye any opposed all right that motion carries before we entertain a motion to approve the annual budget.

[03:24:27] Is there any discussion from my colleagues or, Mr. Manager, does Justin have a presentation he needs to make? No, sir. I think it's just, I'd just like to say thank you to Justin, the budget office, and the Board of Supervisors for all the time that was spent reviewing this budget. Yeah, I'd concur. You know, and the public's had, we've had public hearings in the middle of March.

[03:24:48] We introduced this last week in a public hearing, and here we are again. Mr. Rogers? I have a couple questions for Justin. And so I'm looking at the resolution. Yes, sir. The general fund, right?

[03:25:04] Yes, sir. Zero-one. That's where we collect property taxes. That's a big part of that, right? Yes, sir. And there's a big number there, $993 million. And then how much of that money is used for water and sewer? Zero.

[03:25:22] In fact, if – None? None. Or, no, my apologies. There is some transferred over about $6 million. So a small portion, right? Six million dollars in net. If we raise the property taxes, we would not use that for water and sewage?

[03:25:39] No, right? No, it's a rhetorical question, so I'm sorry. We would not, right? Because they're separate funds, correct? So we had a comment earlier tonight talking about raising property taxes and how that was not, we should be raising property taxes to spend money for water and sewage.

[03:25:56] And I'm just trying to point out we have a difference in the funds, correct? Correct. And the water and sewer fund is by and large a self-supporting enterprise fund in which the revenues it generates supports its operations and the maintenance of the water and sewer system.

[03:26:13] The $6 million of general fund tax dollars or just general fund dollars that goes into the water and sewer system is specifically for two purposes. One is for economic development projects, and the other is for water and sewer infill connections.

[03:26:33] I was just trying to make the point to everyone that when we raise our property tax and we collect property taxes, those are not going to water and sewage. We're not making, and our water and sewage fees are going to water and sewage. So we had a comment earlier tonight.

[03:26:49] Mr. Chair, that's really my only question point to Justin. So thank you. Thank you, sir. I appreciate you bringing that up. I'm sorry that only the folks in the room heard it, not the folks that needed to hear it. Maybe they'll watch it. Maybe. One can only hope.

[03:27:07] Any other questions for Justin on the budget? No? All right. I will entertain a motion to approve Resolution 88A-25. So moved. Motion made by Mr. Cooper, seconded by Mr. Nelson. Those in favor say aye.

[03:27:22] Aye. Any opposed? Motion carries. Thank you, Mr. Crawford. Next, Mr. Chair. 111-25 is a resolution that would adopt the 2025 Henrico County Emergency Operations Plan. Ron? Yes, sir. Mr. Chair, Mr. Vice Chair, members of the board, this board paper adopts the 2025 Henrico County Emergency Operations Plan as the basic plan for county emergency operations.

[03:27:47] Virginia Code 44-146.19E requires the plan be reviewed and revised every four years as necessary to keep it current that the revised plan be formally adopted by the local governing body the board supervisors last adopted the henrico county emergency operations plan on april 27th 2021 the chief of emergency management and workplace safety recommends approval of the support paper the county manager concurs and i will be second i was thinking that because, you know, Mr. Riley, we're being polite, Rob.

[03:28:23] I gave this great presentation in a public meeting. The reason I waited is because I know you've been here for three hours. So politely, we were quiet as long as we could. You gave a wonderful presentation in a public meeting just several hours ago. It's a short time ago. It feels like a day ago, but I'm sorry if I get this wrong, but was there a motion made by Mr. Nelson, seconded by Mr. Rogish?

[03:28:45] Those in favor say aye. Aye. Any opposed? Motion carries. Mr. Manager. Next, Mr. Chair, this was discussed in Work Session 112-25. This is an introduction of an ordinance that would amend and reordain Section 2-51 of the county code that would authorize bonuses for county employees.

[03:29:06] Ms. George, it was covered that bonuses are not new, but we do have to comply with state code, which requires the board to take this action. You're absolutely correct, sir. So please provide any additional information. Good evening, Mr. Chair, board members, Mr. Manager. This board paper introduces for advertisement and a public hearing on May 13, 2025, a proposed ordinance to authorize bonuses for county employees that would become effective July 1, 2025.

[03:29:33] The ordinance would authorize the county manager to provide bonuses to county employees and to adopt personnel policies and procedures governing the provisions of such bonuses. The director of human resources recommends approval of this board paper, and the county manager concurs, and I will be happy to answer any questions that you may have.

[03:29:51] Thank you, ma'am. Any questions? Thank you. Motion made by Mr. Nelson, seconded by Mr. Cooper. Those in favor say aye. Aye. Any opposed? Mr. Manager, Mr. Hughes is approaching the microphone, talking about roads.

[03:30:11] These roads happen to be in three-chop. Second. So moved. I have a question. Who named these roads? There has been a motion made by Ms. Roundtree and is properly seconded by Mr. Nelson.

[03:30:27] And unless there is no other discussion, I believe we'd like to thank Mr. Hughes for his time tonight. All those in favor of that motion, please say aye. Aye. Any opposed? The motion carries. Mr. Manager, do you have anything else for us this evening?

[03:30:43] No, sir. Can't possibly think of another thing. Any of my colleagues like to make any comments? All right. Thank you all. Have a great night.

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