Coraggio Consulting Henrico County Board of Supervisors Regular Meeting, Tuesday, September 8, 2026 Date: Tuesday, September 8, 2026 Place: Henrico County Board of Supervisors, Virginia Length: 3h 6m (video) Official meeting video (Swagit): https://henricocountyva.new.swagit.com/videos/400352 Official agenda (Henrico County): https://henrico.gov/pdfs/manager/meetings2026/090826ag.pdf Official minutes (Henrico County, regular meeting): https://henrico.gov/pdfs/manager/meetings2026/090826regmins.PDF Agend-O-Gram, Sep 22, 2026 (records the Board's approval of these minutes): https://henrico.gov/pdfs/manager/meetings2026/9-22-26Agend-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. ---------------------------------------------------------------------- [00:00:05] I want to welcome everyone to the Rockwood County Board of Supervisors, September 8th, 2026 meeting. Public comments will be given from the lectern in the back. For everyone who is watching the live stream of tonight's meeting on the county website, you can participate remotely in the public comment portion of the meeting. [00:00:24] Speakers, you will see a timer located at the back dais. Once you begin speaking, the timer will begin. You will see a yellow light alerting you to the remaining time once the timer turns red. You hear a beeping sound letting you know your time has expired. Speakers on WebEx, the time will begin when you begin speaking. [00:00:42] You will hear a beeping sound when your time has expired. Go to the Board of Supervisors webpage at herico.us backslash supervisors. Click on the Guidance of the Board of Supervisors meeting. Scroll down and click on the WebEx event. A moderator will let you know when it is your turn to speak. [00:01:00] Thank you. We'll begin this evening with the Pledge of Allegiance followed by the invocation given this evening by Rabbi Christina Mears of Congation Orte Atid. Please remain standing until we finish both of those. Thank you. I pledge allegiance to the flag of the United States of America. [00:01:24] Rebona shel olam, master of the universe. As we gather this evening in Henrico County, we stand at the verge of the Jewish High Holidays, a season of reflection, renewal, and hope. [00:01:46] In our tradition, these days call us to look inward with honesty and outward with compassion, seeking to repair what is broken in the world and to strengthen what is good. We look forward to the new Jewish year with its promise of hope and renewal, as well as Yom Kippur, where we reflect on all of our shortcomings. [00:02:05] As we approach Rosh Hashanah, the beginning of the Jewish new year, we say Shana Tovah. May it be a good and sweet year. We ask that the spirit of this season guide the work of the Board of Supervisors tonight. May the themes of the high holidays, which include Teshuva, returning to our true selves, Tefillah, thoughtful reflection and prayer, and sedeqah, acts of justice and charity, inspire decisions rooted in dignity, fairness, and care for every resident of Henrico County and everyone who is a part of the county for work, living, and recreation. [00:02:41] We are taught that every person is created betselem Elohim, in the image of God. May this truth remind us that the policy shaped here touched real lives, families seeking better opportunities, neighbors striving for safety, and communities working to build a future of promise to raise all members of Henrico County to a higher level. [00:03:04] Strengthen our leaders with wisdom, patience, and humility as they deliberate. Help them listen deeply, speak kindly, and act with integrity. Bless all who serve this county, first responders, educators, county employees, volunteers, and the many residents who give their time and energy to strengthen the community in a thousand ways every day. [00:03:28] May their efforts be met with gratitude and renewed strength in the year ahead. As we enter Shana, Hadashah, a new year, may it be a year of health, safety, compassion, and unity for all who call Henrico home. Osei shalom bimbramav, hu yaaseh shalom, aleinu veakol, yoshvei ha-Henrico. [00:03:49] And I will translate. May the one who makes peace in the heavens make peace for all of us and for all who dwell in Henrico County. May be seated. [00:04:13] I will call for a motion to approve the regular and special meeting minutes from Tuesday, April 25th, 2026, regular and special meeting. [00:04:42] Second. It's been moved by Ms. Roundtree, seconded by Reverend Nelson, all in favor of his eye. Opposed, the ayes have it. Minutes approved. Mr. Manager, do you have any comments this evening? I do not, Mr. Chair. Are there any comments from my colleagues? Mr. Rogish. Yeah, Mr. Chair, just one comment. [00:04:57] We had a Tuckahoe Volunteer Rescue Squad life member who passed away this past week. Mr. Joe Betsala, he was a long-time resident of the Tuckahoe District, Farmington neighborhood. Joe was married to Mary Betsala for 35 years. [00:05:17] Joe served in the United States Army in the early 1960s. After his Army service, Joe became a member of the Fairfax Volunteer Virginia Fire Department. In the mid-1980s, Joe moved to Henrico and joined the Tuckahoe Volunteer Rescue Squad, where Joe served as an EMT and later served as an automotive chairman and other logistics-related duties as well and well-known for his cooking skills. [00:05:42] Joe was active in the community and a member of the VFW and the Sons of Italy, along with other civic groups. Joe passed away at the age of 87 years old on Saturday, August 29th, after suffering a medical emergency. Joe was assisted by Henrico Fire Station 309 at Regency and Henrico Doctors' Hospital on Forest. [00:06:04] Joe will be laid to rest at the Virginia Veterans Cemetery in Amelia County on September 18th at 1 p.m., followed by a reception at Woody Funeral Home on Parham Road from 4 to 8 p.m. Please keep Joe's family and friends in your thoughts and prayers. [00:06:22] Thank you, Mr. Chair. Thank you so much, Ms. Robbins. Anyone else? Comments? Mr. Benger? First of all, let me recognize the media. Ms. Danielle Dukin. Channel 8 is here. Benger. Mr. Chair, members of the Board, as you move into your public hearings, you begin with Agenda Item 96-26 out of the Brooklyn District, which is Spyrock Real Estate Group, with a request for a provisional use permit under Chapter 24, with the county code to allow a mixed-use development with multifamily residential on a parcel near the intersection of Westmoreland Street and Jock Street. [00:06:58] Now, Mr. Humphreys, I understand a deferral has been requested on this case to October the 13th? yes sir one month deferral by the applicant mr. chair thank you so much mr. manager um is there a motion no questions at this time mr. chair it's up to the public hearing so okay see if anyone here anyone here even though it's gonna be deferred we want to still give an opportunity to speak to the case is anybody present that'd like to speak to it in person we do have Sarah LaPointe [00:07:30] and Adam Collett are you mr. Collett yes sir the floor is yours good evening my My name is Jim Hawes, President and COO of VAMAC Incorporated, located at 4201 Jock Street in Richmond. [00:08:08] VAMAC is a third-generation family-owned plumbing, well, and septic supplier headquartered here in Richmond with 24 locations throughout the state. We have served contractors in this community for 111 years and occupied our current address since 1967. [00:08:26] Our roots, this family's roots, are here in Henrico County with the fourth-generation leadership established in planning for the future. We currently support 180 associates and their families. Approximately 50 of those are employed at that address of 4201 Jock Street. [00:08:43] Our goal and my reason for being here this evening is not to oppose responsible development, but to understand the SPIROC project and ensure that our customers and the manufacturers that ship product to us for redistribution have and will have adequate access with minimal business disruption. [00:09:03] we recognize things change and you have to adapt to changing circumstances however that takes proper planning across many moving aspects and fronts we were here in 2023 when the marshall property adjacent to us was approved for 241 residential units and 375 parking spaces and expressed concern about the very same issue to date that project has not started spyrock just to the other side of a mac is now proposing 224 residential units and 303 parking spaces these are just the [00:09:40] projects on our block of jock street and that is shared by a truck sales business a community outreach center and several other warehouse distribution companies it doesn't take into account the other significant projects in close vicinity that have been approved or in the planning stages we acknowledge that the planning commission has approved the current spiral proposal and recommended for you to vote. Here's where our concerns lie. If these projects were to go under construction within close timing proximity, have you considered the number of residential units that are already in planning for Henrico County? Are services increasing to meet that projected [00:10:20] demand? What infrastructure will Henrico County have to do to the intersections of Westmoreland and Jock Street, Dabney and Jock Street, which would affect how our customers and manufacturers come to us? Has Henrico County Planning done their due diligence when it comes to increased density, infrastructure, road improvements, stormwater planning, utilities, and sidewalks, which could also include bicycle traffic? How are the roads within the interior of an industrial park that were designed in the 1960s for mixed use of rail, car, truck, tractor-trailer going [00:10:59] to handle all of proposed increased traffic load including 54-foot tractor trailers. If that planning were also to include on-street parking, parallel parking on Jock Street, that also raises several concerns. Once the project had been complete, consider the mix of two residential communities, 465 units as planned, with wholesale distribution companies in between them. In our industrial area, we don't see school buses today. However, they could also be in the mix in the [00:11:33] future and how will that work. Our business and our customers' businesses depends on how we can service them items that they purchase from us to support their livelihood. We pride ourselves on efficiency of servicing those customers and have designed our locations so they can get in and out quickly. We want to ensure our needs and concerns as established in the business of the Westwood redevelopment sector are considered as part of the equation as you consider this plan and proposals in the future. As I shared in the opening, we are not opposed to responsible [00:12:10] development, especially in a phased approach with proper planning. I ask you before you vote on this project, whether today or in the future, do you believe that the due diligence has been done when it comes to all the things that need to be considered, especially the proper planning for increasing the density in an active interior of an industrial area? Thank you for the opportunity to address this this evening. Thank you so much, sir. Is there anyone else who'd like to speak to [00:12:42] this item? Is there anyone online that would like to speak to this item? There's no one to speak to this item. Thank you so much. This public hearing is closed. Thank you, Mr. Chair. Mr. Hawks, thank you for being here. Appreciate your time. It's good to see the applicant as well. Thanks to everybody for being here. Just a little context. I know that there's been a request for a deferral. I would obviously, I'm going to support that deferral, but I want to address not only the speaker's concerns, but provide an update for really everyone, not only the applicant, but for the business owner that was here, but for everybody else that Mr. Phelps and I, Planning Commissioner, have spoken with. [00:13:23] One, the applicant and Mr. Phelps and I have met since some of these concerns were brought to light. An additional consideration has been given to some of the concerns that were noted here. Not only the timing of the two projects, which I noted today as a concern, utility infrastructure, road condition, access for businesses and how to make Westwood able to continue to be the industrial hub that it has been for a very long time, but also welcome the residences and the mixed-use communities that this county and, quite frankly, our residents are demanding with quality builders, such as the [00:14:01] applicant, and with existing property. The speaker just mentioned not only the Marshall Project and the current Spyrock applicant, but there's other projects along that road there with regard to kinsale and the ucrops property that are hanging out there that have been approved and have the ability to be built and quite frankly and my colleagues and i we've spoken about this but i want to make it clear that when we look at a case we're looking at traffic studies for that case and we're looking at school impact for that case but very rarely do we look at the totality of [00:14:35] this 224 units and the 241 next door plus the 3 000 that have been approved within that mile or two radius and what that total impact is when fully built on parking, on traffic, on schools. [00:14:51] So I know we've discussed this as late as today. When I saw you in the hallway, we discussed it. The next step for this to utilize this deferral time properly is Mr. Phelps and I will close out some meetings with business owners. The applicant, I will say, has provided a pretty in-depth data summary. Thank you for the data that was sent. Quite frankly, we're just trying to find what that, where that level of development and that right mix is to serve the existing businesses that are there, yet still provide the mixed use residents, residential build that, that, that, that, that market in that area certainly is, is destined for. [00:15:28] So we'll use that time properly. You know, Seth, I know we mentioned it, but I will set up a meeting with staff and try to review the data that we've, that we've gotten, balance it against where we think the correct numbers are. The timing is another great piece, Jim, that I took a note of today. And then we'll come back to the business owners, not just VAMAC, but the other ones along that corridor and make sure that we're providing the feedback back. [00:15:48] And the assurances that this county is doing the due diligence with regard to infrastructure and roads and the ability to serve it with public safety, fire and police, certainly with DPU infrastructure and DPW infrastructure. So, again, I want to thank you for your time, Jim, for being here. [00:16:04] It's good to see you again. We'll be in touch very shortly. You're not the only one on that corridor that we want to talk with. And to the applicant, thank you for requesting the deferral. thank you for the data set that you sent it's going to it's going to enable chris and i to meet with staff and we hope to be able to move this project along with with some expediency so again on that note mr chair thank you for the extra time yes sir but i i move that we um i'll move that uh pup 2026 10022 spiroc real estate group be deferred to the october 13th 2026 meeting at [00:16:40] the request of the applicant thank you so much mr smith uh is there a second second motion made by mr smith seconded by mr roguish all in favor say aye aye opposed the ayes have it um the deferral is approved next mr chair members of board uh 179-26 out of the verona district is beckley blueford investments llc with a request to rezone from c1 conservation district to a1 agriculture district part of a parcel containing just over 26 acres that is located on the east line of beckley [00:17:13] road near its intersection with beverstone road mr humphreys thank you mr chairman members of the board uh as stated this request is to rezone the property from c1 conservation to a1 agricultural district the subject property consists of approximately 26.4 acres part of a larger 95 acre parcel that extends to the north side of interstate 95. the request includes only a section of the property zone c1 conservation district the same area was previously part of a larger [00:17:52] rezoning case which proposed r5ac general residence district zoning that application was ultimately denied and no zoning changes resulted although this current request falls within the one year that the dial has been deemed substantially different due to the reduced acreage and the different zoning classification being requested the proposed a1 zoning district would would allow agricultural uses, as well as single-family residences with a maximum density of one unit per acre. This request contemplates the appropriateness of the A1 zoning and all [00:18:29] allowable uses as no specific use has been identified. The comprehensive plan recommends Suburban Residential 1, an environmental protection area. Suburban Residential 1 carries a recommendation of detached single-family homes with a density range of 1 to 2.4 units per acre, and the A1 zoning district would be consistent with that the applicant has also worked with the department of public works to verify the boundaries of the floodplain as would normally be done during the subdivision process the department of public works determine the boundaries submitted with [00:19:08] this request are consistent with the latest available 100-year floodplain based on these efforts by the applicant and the verification by department of public works staff can recommend approval of this request who is my presentation i'd be happy to take any questions thank you so so much sir any questions right now i do have a couple um so the uh previous request i think this was this last year or was this earlier this year uh last year last year um right december what was [00:19:47] the uh the previous request was what that we that we denied it was r5a the final density request or the final unit request was 95 units all right so and it started i don't know if you can remember where I think it started like 150 or something like that. [00:20:05] Yes, sir. And so we worked, well, not we, but it was worked down to about 95. Yes, sir. And we denied it. And then it was another case not tied to it, but came at about the same time. [00:20:24] Can you remember anything about that case? Yes, sir. That was also for R5A. They had about half of the property was going to be zone C1. And they ended up clustering it as well and had, like, a 100-foot buffer between the adjacent subdivision and that. [00:20:44] And they eventually went down to a similar density of about one to one and a half units per acre. Okay. So, well, we denied that, too. Yes, sir. And one of the things that I remember out of the conversation was some of this land was A1. [00:21:03] So we knew that the possibility of the developer coming back and wanting to develop some of it as A-1 was real. [00:21:23] It's permitted, I guess. So how many units could we get on the A-1 now? The maximum density is one unit per acre, but it depends on whether the lot's able to perk and some taking out for roads and other sensitive areas and slopes and that type of thing. [00:21:45] So what's the acreage right now? Acreage of this request is 26.4. Overall, I think it would be about 50 acres total on this portion of the property. If you just look at what is A1 already, it's 26 acres. [00:22:03] I think we did a rough estimation of somewhere between 30 and 40 lots. For the A1 and if the C1 became A1. Correct. And I think the applicant's done some additional calculations that they would be able to give you a better idea of that. [00:22:20] Okay. All right. Because they have more knowledge on exactly whether they're perfect. All right. So I'll call the applicant up in a second. So what's the, so applicant get ready, because I'm going to ask you how many units could be put on the A1 alone, not considering the C1. [00:22:43] Can you or Ben or somebody tell me about the, I guess one of the things that staff has brought to my attention is the line that was drawn for C1. There's some story or history behind that line. [00:22:59] And I think staff believes that that line, there is not documentation. I mean, it cannot be, there is some question about its validity as a true line drawn for conservation. [00:23:16] I don't know if there's a question about its validity, but when it was drawn, it was drawn as a straight line. Typically, the C1s are drawn based on the floodplain maps. I don't know of any straight line that's a floodplain. And when they, after they drew it, they carved out an area for the adjacent subdivision for the Silver Springs Farm subdivision out of that C1 portion. [00:23:41] so it was no longer C1, which allowed that area to develop or reflecting what it had currently already developed. So it's not something. Can you show my colleagues what you are pointing to? [00:23:59] So this is the line here, and it extends all the way through and beyond, and then it was carved out of this area here. If we go back to the land use, this is the zoning. [00:24:17] You can see how it continues on beyond the subdivision to the other side, and the subdivision was carved out out of that C1. I mean, you can see the rest of the lines for the C1, how they're curved and flow with the topography regarding the flood plate. [00:24:34] And then this line was, for whatever reason, was just drawn straight across. So it seems arbitrary, a bit arbitrary to me. Okay. All right. That's all I – I think that's all the questions I have for staff. [00:24:50] okay thank you sir uh this is a public hearing um you want us to watch you mr chair we do have two folks that have signed up and so the first person that signed up can we hear from the generally don't we hear from the applicant first before we hear can we hear from do you mind if you'd like to sir yeah yeah let's let's hear from the applicant first and then we'll hear from um public mr chair members of the board my name is andy common here on behalf of the applicant [00:25:22] um and um seth i don't know if you can mr humphries had already described what was going on with respect to the request which is just really to take a1 to c1 because it's not in the flood plan has already been determined uh reverend nelson with respect to your question this is the the zoning map in 1958 you can see the line where our property is it's just on the 90-foot contour it's nothing more scientific than they took the 90-foot topo line and just ran it straight across [00:25:58] And it wasn't until, this was in 1958, and you can see where this line is, and you can see Silver Springs Farm at that time was in the floodplain on that one portion of it. And then in 1968, the federal government came out with the FEMA maps, and based on that, that's where a lot of the mapping was occurring with respect to the floodplains, but not in this area other than, as you can see on that one notch, where Silver Springs, certainly the floodplain doesn't go across and have a notch and then go straight across in a straight line. [00:26:25] So ultimately, our request is, as Mr. Humphreys asked, was to simply make, as was requested when we did our first zoning case for residential, the comment that we heard was that they would like to have A1 development be consistent with the surrounding A1 property. [00:26:41] All we're asking for is property that's not in the floodplain, BA1. To answer your question specifically, on the front half, which is about 31 acres, based on the ability to put in roads and having to where the property perks, based on our current information, we'd get about 20 lots on that front portion and about 10 lots on the back portion for about 30 lots maximum is what we're estimating now. [00:27:05] Because the land doesn't perk as well in the back, they'd be much larger lots. We have to be a minimum of one acre to be able to provide for that. And quite frankly, as we were going through the original zoning case, that's what we heard and to be consistent with the surrounding A1. So we'd ask you to follow the planning commission's recommendation and the staff recommendation and simply treat this the same as any other property in the area. [00:27:26] If it's not in the floodplain, it shouldn't be C1. We just want to be A1, which is appropriate in Verina to be agricultural. Thank you. Thank you so much. So I think when we met, we talked, said the front looks like it perks, the back doesn't. [00:27:49] Right. And so the A1 side of it, let's say, take the C1 out of consideration. How many units do you think you would get on the A1 side? It would be less than 20. It would be a maximum of about 20 based on what perks in that area and getting the roads in. [00:28:07] So for that 30-some acres, we could get about 20 lots maximum is what our estimate is. And so if you add in a C1, you get a maximum of another 10 acres at most. It's really, quite frankly, probably less than that. But that's a very conservative estimate of what we could get in that backside that we're asking for to be A1. [00:28:25] But there's no plans for development. They're not putting forth a plan. They're not planning on developing it. They just want it to be treated as A1 at this point. But it would be a maximum of 30 lots and probably less. All right. That's all the questions I have for now. Ms. Menz, is there some who have signed up? [00:28:43] Yes, sir, Mr. Chair. Sarah LaPointe, are you here or online? She's online, sir. I'm going to unmute her now. Okay. Hey, good evening, everyone. My name is Sarah LaPointe. I'm a resident of 800 Beverly Stone Road. [00:29:01] I'm here to represent my interests in those of my community and respectfully ask that this parcel remain a C1 conservation zone. The proposed development is adjacent to a swamp that does, in fact, live regularly. While Virginia requires developers to manage stormwater and prevent erosion, those requirements do not eliminate the risk of neighboring homeowners that could ultimately bear the cost if the development increases runoff or alters the water table. [00:29:26] There are several significant concerns. First, the increased runoff could damage septic systems. Our community in Beaverstone Road, which was developed in the late 50s, relies on septic, and replacement can cost up to $15,000. Even if a developer were ultimately held responsible, homeowners could still face the significant time and expense of pursuing that remedy. [00:29:48] Without plans to put our community on public sewage, this will be inevitable. Second, homeowners may be forced to spend thousands of dollars addressing increased flooding. I know this firsthand. I spent all last summer regrading my property to prevent my garage from flooding, and we are still experiencing flooding, even during this year's drought. [00:30:06] Finally, there are important environmental and health concerns. This conservation area supports biodiversity, including bats, possums, that naturally help control ticks and mosquitoes. Protecting this habitat reduces our reliance on pesticides, which is particularly important for our community because we also rely on well water. [00:30:24] Clearing the area would also displace wildlife and could push animals out towards I-295, creating additional hazards for drivers. The community has the responsibility to consider the long-term interests of its residents and to avoid imposing unnecessary financial, environmental, and safety risks on the surrounding community. [00:30:42] With this current affordability crisis, I would like the council to please consider the burden that this would cause our community. For these reasons, I respectfully but firmly ask the parcel remain a C1 conservation zone. Thank you very much. Thank you so much, Madam. We also have Adam Collett. [00:31:01] Mr. Collett, are you online? Mr. Collett, you can unmute. Yes, can everybody hear me? Hello? Say yes. [00:31:18] Okay, great. I'd like to keep the purview of this zoning here into strictly the parcel of land that is being considered, not necessarily the surrounding properties. I can't speak to the zoning of my own property here at 800 Beverston Road and what was done many, many decades ago to make that determination. [00:31:40] That being said, this parcel is unable to be rezoned because it is still suitable for C1 zoning to protect in regular counties, natural resources, including floodplains. The owner of the parcel's lawyer has not provided any argument for proving that the parcel is no longer a floodplain, Only that the parcel is a multi-hundred-year floodplain instead of a 100-year floodplain and that some of the zoning lines in the area appear to be too straight. [00:32:05] If the land is to be developed, as was the stated intention in the first notice of a rezoning hearing I received earlier this year with the planning committee, I'm not confident that the effectiveness of the laws and penalties the county may impose on the developer to guarantee any development of the land will prevent runoff water onto my property, and including but not limiting to perking my septic tank and displacing wildlife, thus protecting Enrico County's natural resources, including those floodplates. [00:32:31] Development would also cause financial harm to me and my loved ones in the form of a guaranteed increase in property taxes with only a theoretical potential upside of maybe being able to sell my house at a later date, something I have no intention of doing because I won't and I won't be able to realize those gains even if it were the case. As a public servant, somebody who works with the state government and has much experience in working with the finances of government. [00:32:59] I understand the tax incentive to have this land developed. But the properties of Enrico County, especially in Shorepump, are already appreciating year over year, wildly outpacing inflation, and effectively provide Enrico County government a cost of living adjustment via those taxes to Enrico County's budget for years to come. [00:33:18] Do not rezone this parcel. Thank you. Thank you so much, sir. That's all from sign up. anyone else present who would like to speak to this item if so please line up um at the podium please state your name and and your address or location please thank you good evening members of the board my name is ricky witt i live in the barrenna district at 700 beverstone road [00:33:54] uh adjacent to this parcel being requested to be rezoned um i just need a few minutes of your time i have i believe is high value information um i promise not to keep us here all night but if you you give me a moment to get to this i appreciate it uh for the families i'm speaking for this begins and ends with water every home in our neighborhood drinks from a private well when this ground is cleared and the swamp is disturbed the water table drops and the runoff has to go somewhere it goes into our wells and into the chickahominy state scenic river that river already has pfos in it this county is paying for whole house filters on 28 eastern eriko homes right now [00:34:33] because of PFAS and this watershed, and the county has been here before. A 1966 Rhino Tech thesis on the history of Enrico zoning tells how conservation zoning began. In the post-war building boom, subdivisions were allowed on the floodplains and drainage fields that drained to the Chickahominy. Heavy rains drove those families out of their homes again and again. The county had to buy the land back at considerable cost, and in 1960, it created the C1 Conservation District, put the land in it and prohibited permanent building there. [00:35:06] The thesis says C1 was created from sad experience and that the county paid a heavy price for the mistake. That is why our maps look the way they do today. The county learned that lesson once. Please don't unlearn it tonight. And the state has already looked at this land. [00:35:22] I have the Department of Conservation and Recreation's natural heritage review of this property with me tonight. It shows three things. The state's habitat model for Swamp Pink covers this land. Swamp Pink is a federally threatened and state endangered, and DCR says it survives in only four counties of Virginia, a RICO among them. It needs stable water levels, and DCR says runoff and sedimentation into this habitat must be avoided. Second, this land sits inside the Chickahominy River Stream Conservation Site, which DCR ranks as very high significance. Third, it sits in the ecological core of very high integrity, which DCR recommends avoiding entirely. [00:36:00] That is the state's own assessment. Now look at your own plans. Tonight's agenda says the 2026 comprehensive plan recommends environmental protection area for this property and six weeks ago on july 28th this board unanimous unanimously adopted henrico next its environment environment chapter lists the swamp pink by name as threatened species in the county and commits henrico to protect the habitats habitats of its rare species and strategy 5-4 says in the county's own words encourage the rezoning of properties in the 100-year flood [00:36:35] Plain to the C1 Conservation District. That is the plan you adopted in July. Tonight's request is to take land out of C1. You cannot adopt that plan in July and approve this plan in September and call both them the request policy. Your zoning code says C1 exists to protect the county's natural resources, especially floodplain and floodway, and it already allows agriculture and forestry. [00:36:58] The only thing this rezoning adds is the right to put homes on this land. This planning commission called it consistent with the area. The land around this parcel along the river is zone C12. Conservation is the area. You will hear tonight that FEMA redrew the map in 2024 and this land is no longer inside FEMA's line. FEMA's line is an insurance line drawn by a model. Your own code regulates a county designated floodplain beyond FEMA's with two feet of freeboard and no field because this county knows FEMA's line is not the whole story and conservation zoning was never [00:37:33] defined by fema it was drawn in 1960 before fema existed on the swamps and drainage fields where the water actually went moving moving a line on an insurance map does not move the water the state's own review says that this land is still swamp pink habitat habitat a stream conservation site and ecological core those are the natural resources code c1 exists to protect now who's asking beckley blueford investment llc was filed with the state corporation commission four days before bought this land the company created for this one deal no track record and it has offered this board [00:38:09] no proffers at the committee meeting we asked the applicant's attorney one simple question if our wells run dry or our water is polluted who do we hold responsible his answer was that we could sue the future homeowners people who profit walk away and the risk and the risk lands on the county and on the families already here this board has seen this land before last november you denied 95 homes here after neighborhoods told you what it would do to their wells. This is the first step of a staircase. Out of conservation, now with those strings attached back later for density. Please don't take the first step. My final closing statement is, if you are not prepared to [00:38:48] deny this tonight, may I continue? You got to let it stop. We got to stop. Yes, sir. Please deny this application. Thank you. Thank you, sir, for your comments. Yes, sir. Next. Good evening. Name's Elmer hutchins live at 813 beverstone road i really can't add a little too much to what he said except that he was asking the question of why that line was drawn straight across where it is [00:39:27] if you know anything about the topography of the land there everything comes downhill from as far over as um the airport and when it gets right to the where beckley road has been built it just flattens out uh there's not that much of an elevation difference between beckley road and swamp. Now in 1949, or 59, I'm sorry, former county representatives in a joint effort with conservation groups and landowners had the wisdom and foresight to add the conservation buffer along [00:40:01] the Chickahominy watershed to stop the encroachment of developers. And the C1 buffer had to go around some existing developments like Silver Spring Farms, which was established in October 13, 1949, 10 years prior to the C1 zoning along the river. [00:40:19] If you change the zoning of this property, you leave it wide open for developers to rezone conservation land all along the Chickalhominy Watershed. All efforts to preserve the ecology and the environment of our wetlands is for nothing. My wife and I have lived in this home for 40 years, and in that time, a lot of development is going around us. [00:40:42] Every inch of concrete, asphalt, and rooftop covers that much more ground that cannot absorb rainwater. This affects the aquifers. The more vegetative buffer and filters that remove pollutants, the cleaner our streams and rivers will stay. [00:41:00] That's the reason the line was drawn along Beckley as a conservation easement to protect the delicate Chickahominy watershed area and from encroachment of excessive development. Now, let me read a little bit right off the Heinrich County website. [00:41:19] It's on the resource protection areas. It says, RPAs are the corridors of environmentally sensitive lands that lie alongside or near the shorelines and streams, rivers, and other waterways. In their natural condition, the RPAs protect water quality, filter pollutants, reduce the amount of stormwater runoff, prevent erosion, and perform many other important biological and ecological functions. [00:41:50] Henrico County drains into two major watersheds, the Chickahominy and the James River watershed. Every unabsorbed raindrop that hits the ground in Henrico County will run off the land and end up in either the Chickahominy or the James River, and eventually the Chesapeake Bay. [00:42:09] However, the raindrops do not arrive alone. They bring along pollutants, sediments, and toxins and deposit them into the river. Protecting RPAs will help to filter and remove pollutants and sediments from the raindrops and keep the Henrico rivers clean. [00:42:26] Like I said, that's right off the Henrico County website. This property is partly in the 100-year floodplain, but a floodway that drains from as far away as the airport runs right through it. [00:42:44] Now, that's an occasional thing, just like, you know, it doesn't show one there, but the creek runs right through the property. I have stated before at other meetings, I will say it again, I have seen this property flooding during the storm Gaston. [00:43:06] Water was rushing over Buckley Road like a spillway, and for that reason I think it would be irresponsible to build in this section. We have over 200 signatures on a petition against rezoning of this property, and the change was denied by the Board of Supervisors just a few months ago. [00:43:22] Now the same property, St. Omer, has changed the LLC and come back to rezone again. no plans no reasons to change it uh as you know the main reason between the main difference between a1 and c1 is the building of homes so you know as well as we do that that's what they want to do is build houses the current concern of wells has been raised i've noticed over the years my average well level has dropped several feet this could be due to the construction and excess use in the area we also had a drought a few years ago that some of the wells in our community did go dry [00:43:58] and quite a few people had to put in deep wells i don't know if that really helps or not uh has a study been ever been made to see how many more wells can be supported by the aquifers in our area or you do do they just keep building till they run out of water it's happened in other areas this is just a few reasons we feel the zoning change should not be or should be denied thank you so much sir we do appreciate that is there anyone else that'd like to speak to this [00:44:32] item is there anyone online i'd like to speak to this item there's no one to speak to this item Colleagues, any comments, questions? Andy, I don't know if you want to try to answer any of those questions. [00:44:53] And I think I might have a question or two for you. If I may, Reverend Nelson, I'd like to clarify. If this property were in the floodplain or the floodway, it would be appropriate to stay C1. However, your own county Department of Public Works has confirmed through the county standards that this specific property is not in the floodplain. [00:45:11] And we proved that. They were asked for the information. We proved that and it was confirmed. So this will not justify zoning all the C1 property along Chesapeake Bay. The question is, is this appropriate to be A1? And it's not in the floodplain, it's not in the floodway as confirmed by DPW, and that's specific. [00:45:28] There have been a number of environmental comments about what this would have an impact. As you know, as you go through the specific subdivision process, we not only have to prove it with the Department of Health with respect to wells, but also septic tanks, and also through the Department of Public Works with respect to any stormwater runoff. As a matter of fact, this property owner, on his own volition, has already applied for and is awaiting confirmation for a stream restoration nutrient bank. [00:45:52] The very first, regardless of the zoning, that's on the existing A1 property, be the very first privately funded in Commonwealth of Virginia. He is promoting actually a better environmental situation on any development and will continue to do so. So with that, I think it's appropriate to have this property treated just like every other property in the area that is not in the floodplain or in the floodway and to be zoned A1 consistent with, as we were told with the last zoning, to be development consistent with the surrounding area. [00:46:21] With that, I would ask that you approve this case. Terrell, can you come on up? I've got a question to ask you. The access to the property, is it Washington Street exclusively, Andy? [00:46:48] that's the that's the main access you can see this property was planned for development with both on the i think i'm in the east and west there's a number of stub roads to do that we'd have to have substantial improvements sorry we'd have to have substantial improvements on there so yes the answer is as long as it's under 50 lots uh we can have single access off of washington street and that's the expectation all right thank you uh hold on hold on hold on sorry just making [00:47:19] sure i had to call you back all right thank you um terrell the continued um statements about the floodplain can you talk to that andy just mentioned you as it relates to dpw um yeah that's something that uh typically at plan of development that's something that public works weighs in on enforce the floodplain ordinance that the county had adopted uh which includes adopting the current fema maps so this area falls under fema so they uh as one of the gentlemen mentioned in i guess [00:47:57] public comment period we received new maps from fema a couple years ago which were adopted um It included updated flood modeling data based on the current topo. So a lot of what's shown is not currently in the floodplain that was designated by FEMA. [00:48:13] So I'll point that out, that that was a federal action, which, because we're in the National Flood Insurance Program, we're required to have certain ordinances in place and adopt those maps. So that is what essentially governs our floodplain ordinance. [00:48:28] Right. So if re-zoned and it becomes A1, it comes back to you, a plan of development, and then you follow the FEMA rules about what can be developed on or can't based upon this piece. [00:48:47] Yeah. And you're saying right now, what you've seen, you're saying a lot of it is not on. Based on the current flood maps, yeah. It's not in the... So when you say a lot, you mean 75%? No, I think, largely, I think what's outlined in that black area, That area is outside of the floodplain that's being proposed to be rezoned. [00:49:09] Right, okay. So it strictly follows the floodplain line, which is based on topography. So there's a flood elevation that's set for a 100-year storm. Essentially what the FEMA flood maps is saying is those areas are at elevations above that 100-year flood elevation. [00:49:29] All right. PFAS in the whale water. No, you're not doing that. It's Bentley. Bentley, can you come up real quick? And I'm sorry, guys. I just want to make sure I ask all the questions before we, have you found PFAS anywhere close to this particular area, if you can remember, in wells, or have you even tested wells in this particular community? [00:50:08] So I don't have the information in front of me, but I do believe that there are wells that have tested for PFAS, but we have subsequently installed filter systems in them, and just for for everyone um that program is still in effect it's still free of both sides of it the testing and the filter systems all right uh thank you thank you hey steve uh mr yob can you come [00:50:39] down real quick and talk about swamp pink so the last i heard we had a we had some swamp pink if i can remember mr man just was at the white oak tech park and if i can remember i thought if If an area was designated to have swamp pink, you couldn't even develop them. [00:51:05] Does that sound right? Reverend Nelson, we have indeed found, in fact, I've seen them. There's a population of them over near Elko, near south of Portuguese. That particular population primarily grows where there are seeps and springs that provide constant water supply, so it's always the right amount of water, but it's not inundated. [00:51:31] And generally, they're along that railroad cut or very near that railroad cut on the property. I'm not aware of any other ones that we have found, including this property. Now, if they were to get any form of a permit that would require Army Corps of Engineers or DEQ, that would be something they would have to investigate. [00:51:58] So would that type of permitting, this type of... They shouldn't be in those areas working at all anyway because those are going to be the wet areas of the property where, again, you're going to have to have... [00:52:21] Outside of it. Correct. That's correct, sir. You wouldn't want to put a house where a swamp pink would grow because you'd always have foundation moisture. But my point is, how do we know? You know what I'm saying? I guess my point is, how do we know that... [00:52:45] Maybe this is for Ben. I don't know. Yeah, let me talk to Ben for a second. I'm sorry. Thanks, Steve. I appreciate that. Yes, sir. So, how confident are we before, I don't want to have to defer this, but I might have to if I'm not sure. [00:53:08] So, how do I know that, so you've got Mr. Rickey respectfully saying that you've got Swamp Pink on the property, you know, I'm not sure. So, how do we know? How would we know? [00:53:25] As Mr. Yob stated, one of the clear ways towards that determination is if any federal or state permits are required. So if there are impacts to wetlands or stream impacts, the applicant stated earlier how they were working through a nutrient credit bank for the stream that goes through the site. [00:53:41] So my strong belief would be that there would be some at least state permitting involved with that process. Mr. Hobbs is indicating that's correct as well. Yes, sir. If they did do any form of a stream restoration bank, that would certainly involve those environmental permits, and they would certainly have to investigate for threatened and endangered species. [00:54:03] Steve, hasn't DEQ actively identified where the Swamp Pink? The DEQ and the, gosh, the Department of Historic Natural Heritage has also identified them. Yes, they have maps of known populations. [00:54:20] And this goes back to you. All right. So, all right, Andy, I don't want to do this because I want to move forward with this case, whether I'm agreeing with it or not, but I'm going to have to defer. Now, let me say this because I want to know for sure. [00:54:37] Let me say this respectfully to the community, to those of you who I've been out to talk to, those of you online, respectfully. When we heard this case last year, early this year, we were not talking about well waters as the primary reason. [00:54:55] We're talking about density. We did not want to add that level of density in the community, 200 new neighbors. We didn't want HOAs. I heard all of that. I voted against it. But we knew that a part of this property was A-1, and the majority of the houses will be built on the A-1 side. [00:55:25] So in essence, we're really just talking about 10 or 15 more houses. But to be sure, I'm going to defer this just so I can get 100% assurance with these answers. [00:55:42] What is the impact? so we already know mr y'all have already told me that the closest public um suing water is like a half a mile away so you won't i mean it'll be a while before i think public suing water makes it to you so what's the impact on your wells um i clearly we can rezone it um i'm not hearing anything to say that we cannot legally rezone this property even though i've heard twice that [00:56:13] we can't yes sir that's correct okay so so the impact um so bentley if you don't mind can you just check and see the perforation per perforation of um pfos and in this particular community and right around um before we meet again next week i mean next month if i can get somebody to really dig into this whole swamp pink thing i i mr yob i think i remember because we really went into it [00:56:48] was a whole it was a whole block that we could not use at the um tech park and i just might have been in the last decade that swamp pink was found and it was like but it was a big thing and i just have a problem that not a problem i would just be amazed to to believe and know that there is swamp pink here at the level of attention that the federal government paid to swamp pink and that we missed it you see what i'm saying but if we can just double check um on that so uh and and [00:57:27] i i don't want to i want to be real right um i denied the case because of density last time not because of water issues now it sounds like and i'm just going to be honest it sounds like those who have spoken to spoken and not representing the community are really saying we don't want new neighbors not we don't want fewer neighbors and what i heard last time was I don't care if they do, if they develop the A1, just don't want R5. [00:57:59] Now you guys are saying, I don't even want them to do A1. So let me get the answers because I don't want to negatively impact you. If there is one ping there, then we'll respect it. If whatever these other issues are, we'll look deeply into them so that I can have all the information before I vote. [00:58:21] So those are my questions. I don't know, Mr. Chair, if anybody else has any questions or comments. Sure. Thank you so much, Reverend Nelson. Ms. Robins? I'm sorry, I just have one question, and just looking at the map, I do see that water is about a little less than a half mile away, public water, but I also see a sewage pump station, and I see sewage on Beckley Road, and so I guess I'm asking probably Mr. Chan for just one quick clarification. [00:58:52] is there a reason why sewage is not offered there is it planned in the future clearly we have a pipe there the uh i believe the pump station is not adequately sized uh to serve uh the entirety of the area and uh the elevations uh don't allow so we would need pump flow into uh the station to uh to get it out um but certainly uh we'll dig into that and get some information for both you and Reverend Nelson. All right. I'm sure you didn't think that you would have been called up this [00:59:31] many times. No, sir. I apologize, but get your extra, you got your steps. Thank you, sir. Thank you, Mr. Chair. Mr. Rogers, Mr. Nelson, another questions from your colleagues. Uh, I move and thank, thank everyone for, um, your, um, your answering questions, community members for coming out. Um, so Mr. New, I want to do what I did before previously, because I don't want to do this whole public hearing all over again so how do I do this I want to I want to [01:00:05] defer it for decision only so I just say that yes sir the motion would be I move we defer case such-and-such to October 13th for decision only at the requests of yourself and that means what for the sake of the community yes sir it means the public hearing is now closed and that when we came back on October 13th the board would not again hear public comment but of course members of the public could send in emails or otherwise contact you with comments before today yes sir okay all right um mr chair i move that rez 2026 100545 beckley luford investment llc be deferred to the [01:00:42] october 13 2026 meeting at the request of the applicant i mean at the request of the board for decision only mr newby does that satisfy him yes sir second remove my reverend nelson second Mr. Smith, all in favor of his aye. Aye. [01:01:01] Opposed, the ayes is deferred. Thank you. Thank you. Mr. Chair, members of the board, you move on to Agenda Item 155-26 in the Fairfield District, Imago Day School, with a conditional rezoning request from M2 General Industrial District to R4C, one-family residence district, on part of a parcel that contains nearly 8.9 acres, parcel located near the intersection of uh see um dill road sorry and vauder avenue the applicant [01:01:33] is proposing a private school and before you we have miss molly mallow molly thank you mr manager members of the board this is a request to rezone part of a parcel containing the live church rva north campus to allow private school surrounding uses include the dillon place and brentwood subdivisions the first union baptist church and the city of richmond the proposed imago day school would temporarily operate out of modular classrooms pending a future expansion the church currently operates out of another church in the city of richmond however they plan to move and expand [01:02:13] their operations at the subject site at final build out included in tonight's handouts are revised proffers dated september 4th changes within these include proffering to potential layouts option one shown here or option option two shown here and assurances for native landscaping a safety fence around the existing bmp and rezoning of areas within the 100 year flood plan to see one at the time of pod the 2026 comprehensive plan recommends suburban residential [01:02:48] to an environmental protection area although this request is not consistent with these designations it would be consistent with the existing semi-public uses on the property and compatible with the adjacent neighborhood for these reasons staff supports this request and at their june meeting the planning commission recommended approval this concludes my presentation i would be happy to answer any questions thank you so much molly appreciate that i see that the applicant is here you want to share some words yes thank you mr chairman my name is anne neil cosby um i am with mcguire woods and we serve as land use council for the applicant um we had the public hearing at [01:03:27] at your last meeting, there were some questions related to the modular unit, some of the environmental features of the site, and some conservation questions. And so the matter was deferred. Thank you for your time, Mr. Chairman, meeting with us and with staff. [01:03:44] We have submitted revised proffers addressing each of those issues. And so we hope that we've addressed those comments. We're happy to answer any additional questions. we've got our team here but we would ask that the matter be approved and thank you thank you so much and this is a public hearing first of all college any questions just have one question this is a R4 I'm not sure if staff or the applicant I know this school doesn't or I don't believe it's asking for [01:04:18] residential or boarding would that be allowed in this zoning yes so they are We're requesting the R4 to be consistent with the remainder of the parcel. Schools would be allowed in R4. They are not allowed in M2. [01:04:34] But would the school be allowed to be a boarding school? Not to my knowledge. I know they proffered out all residential uses. They would have to come back for a provisional use permit for that. Yes, I believe Condition 1 removes single-family homes, group homes as allowed uses. [01:04:52] Thank you, Mr. Chair. All right, thank you so much. This is a public hearing. Is there anyone present to speak to this item? Is there anybody online to speak to this item? There's no one to speak to this item. Thank you so much. [01:05:09] Anne, again, thank you for meeting with me. Sarah Kennedy is here, the executive director and founder. Molly, you want to speak real quickly about the two options we discussed and how it's more amenable to option two than option one? Yes, so during our discussion with the applicant last week, they indicated that option two, which would place the proposed modular classroom directly behind the existing church, is their preferred option. [01:05:33] This would require that they relocate the existing playground that is located there. But they've indicated that this is their preferred option and would move it slightly away from the houses on Dillon Place. Can you speak to the wetlands on the property as well as the environmentally sensitive area and us just dying to make sure native plants were still used as well as protecting as much as we can on the property? [01:05:58] Of course. So there is an existing BMP on the property, the applicant has proffered some fencing around there in addition to what is currently there they also have proffered that the area shown here as floodplain and what is shown on our future land use map as c as epa would be rezoned to c1 at the time of planned development they also and their proffers handed out to you this evening are including some native plantings and some other sustainable practices that they would implement okay thank you so much um college any questions [01:06:37] all right thank you so much um i move that um rez two zero two six dash one zero zero six seven six imago day um um follow the recommendation of the planning commission there oh you did okay do it again you're good i move that we follow the recommendation of planning commission approve rz two zero two six one thousand six seven six imago day school with the revised [01:07:16] proffers dated september 4th 2026. second moved by myself probably second by mr rogers all in the face i i was opposed it's approved next mr chair members of the board you move on to agenda item 180-26 in the varina district with whitehead and chiaka properties llc with a provisional use permit request under chapter 24 of the code to basically allow an indoor event on part of a parcel located on the south line of nine mile road near its intersection with new bridge road miss mallow thank you mr manager and members of the board this is a request for a provisional [01:07:53] use permit to bring an existing business occasions to into compliance with the zoning ordinance the site is located in the new bridge shopping center and is zoned b1 which requires a provisional use permit for indoor recreation surrounding uses include the coventry and new bridge square apartments the new bridge learning center and other tenants in the shopping center including food line included in your packet tonight are revised conditions these changes include a limitation on the hours of operations for events hosting unaccompanied minors and required that [01:08:29] the owner or representative of the owner must check all identification cards to verify ages before individuals are permitted into the venue the 2026 comprehensive plan recommends commercial concentration for the subject site to address security concerns staff's recommended conditions include limiting limiting the provisional use permit to one year and require an off-duty police Officer or approved security guard during hours of operation the applicant is also encouraged to continue working with Henrico police [01:09:02] Regarding these concerns and the required septic plan as a result staff is supportive of this request subject to the recommended conditions Distributed tonight and at their July meeting the Planning Commission recommended approval of this request that concludes my presentation I would be happy to answer any questions. Thank you so much madam. I'm nothing questions right now Just talk through some of the proffers. I mean, first of all, I just I want to thank the owner [01:09:31] for the owner, police, planning for the work that they put in to come into an agreement on trying to make this venue as safe as possible. So was something added today or in the past week? [01:09:53] Yes, so we changed the hours of operation condition to now specify that the limitation was only for events hosting unaccompanied minors. So those events would be limited from 8 a.m. to 10 p.m. All other events would be allowed from 8 a.m. to midnight by code. [01:10:12] And we also added that the owner or representative of the owner must check identification cards to verify ages before anyone is permitted into the venue. Okay, good. and the owner has security there when they have events. Yes, and one of our conditions also requires that they have a security guard or a uniformed police officer. [01:10:33] And no open beverages going in or coming out. That is not a condition we have listed, but I believe based on the discussions with the applicant, that is their standard practice. I think that's something that the operator has committed to as well. I think that's it, so I don't have anything else. [01:10:53] Unless the owner wants to say something before we go to the public hearing part if that's okay yes sir you want to come up and say anything you don't have to but just giving you the opportunity since you came all the way here from the other side of town my name is lois lewis jolly i'm at 6015 nine mile road i'm the owner of occasions two as well as other businesses on the nine mile road corner i have been in the community for 20 years almost 20 years [01:11:27] as a business owner and an entertainment supplier of that area we also host non-profit and community um activities at our facility so i just want to thank um the board staff the police everybody that who has worked to try to get this under wraps and get us in a place where we are in compliance we are always willing to comply as long as we understand and know the rules so i just want to come up here and just say thank you for all the time and effort that has been put into this it's been a couple of months of trying to get back and forth with it but just showing my appreciation of a good thanks and we've come to a good agreement all right so quick real quick i just have one [01:12:03] question for you in 30 seconds so you have the event space but you also have what else what else could what else um do you do that is really creative for the community well first of all i own balloons and things and so i have a service to rocco county for with balloons and things for many many years we do many of the school projects the balloons arches the columns all that stuff that makes everything festive for the county we pretty much have been the ones who've been doing it so um i'm always in behind the scenes so nobody really knows who i am but i've been around for a long time many of many people in here may have been a client of mine or I've done a party for you [01:12:39] over the years we do community events all the time we do a chunk of treat for the kids for Halloween for a safe area in our backyard we do Easter egg hunt every year almost every year my sister who is not here but she hosts the breast cancer football team thing that we do at Dory Park sometimes so we have been around for a very long time and we have serviced this neighborhood and this community for a very long time and we would like to continue to do so but we want to make sure we're doing it safely and in compliance thank you ma'am thank you this is a public hearing mr. mayor is [01:13:17] anybody signed up all right no one signed up is there anybody present that would like to speak to this item is there anyone online that would like to speak to this item there's no one to speak to this item thank you madam that being said the public hearing is closed Reverend Nelson mr. chair I move that we follow the recommendation of the planning commission and approve pup 2026 1007 50 whitehead and what is this cheek chaka chaka properties llc with the recommended conditions second thank you so much reverend nelson it's been moved and properly seconded by mr roguish all those in favor say i [01:13:57] i oppose the eyes have it is approved next mr chair members of the board you move on to agenda item 198-26 in the fairfield district imperial investments group llc with a conditional rezoning request from r6c general residence district and b3 business district to b3c business district several parcels containing 2.2 acres these parcels are located at the intersection of magellan parkway and brook road the applicant is proposing general retail and before you is mr [01:14:32] livingston lewis mr lewis how are you sir i'm well mr manager thank you members of the board this is a request to rezone 2.2 acres in the northeast intersection of magellan parkway and brook road from r6c and b3 to b3c for commercial access and related commercial uses the comprehensive plan designates the site as government and environmental protection area reflecting its former use as a dmv branch office surrounding uses include residential to the north east and south as well as a future dentist office the subject property lies at the entrance to the newly [01:15:09] developed retreat at one residential community in an area undergoing significant revitalization and investment during the development process for retreat at one and magellan parkway the access to the subject site needed to be moved eastward and ended up overlapping with a remnant sliver of r6c zoning because the zoning ordinance does not permit commercial properties to be accessed through residential zoning the applicant wishes to correct this issue prior to selling or leasing the site to mitigate potential impacts of commercial operations on adjacent properties [01:15:45] the request includes proffers which limit the hours of operation and prohibit a number of incompatible uses based on these commitments staff believes the proposed b3c zoning would be a reasonable alternative to the government designation in the comprehensive plan and would generally be in keeping with the development pattern along brook road a community meeting was not held for the request but staff did field a couple of citizen inquiries and there is no known opposition at this time the planning commission did recommend approval this concludes my presentation i'm happy to answer any questions thank you so much mr livison for that um i'll say some things [01:16:23] later um public hearing and miss conley want to say anything okay good evening kate lafayette here with andy conlin of froth jackson representing the applicant um thank you mr lewis for your overview of history of this property. So when we started out this case, we were just going to rezone the R6 portion of the property in order to be in compliance with the zoning ordinance because we are going to lease this property for commercial use or sell the property for [01:17:01] commercial use and you cannot drive through the current strip to access the former DMV property for that commercial use. We sent out 370 letters to mostly their treat at one neighbors and we received two responses back, one from a Mr. Higgins. He reached out and felt there are some more intense uses that B3 allows that he did not think were compatible. And then I also spoke with an officer, Pop Rocky, who expressed that a hotel or motel at this location would also not be compatible. So we have deferred a couple times, met with planning, met with Mr. Danridge, and [01:17:40] We're now including both the DMV parcel that's behind the access strip that we were originally rezoning for the total of 2.2 acres. With this, we're taking the former DMV building, which is B3 with no conditions on that property, and placing conditions on that property. [01:17:56] So we're proffering out 19 B3 uses, including intense uses like automobile uses, light industrial, indoor shooting range, hospital, as well as the hotel and motel explicitly based on the feedback from the neighbors. We're also limiting the hours of operation. [01:18:14] So in B3, currently at this site, you can do 24-7, but we're doing from 6 to midnight as those are the B2 hours, as well as providing some development assurances since we know This parcel is included in the new Brook Road North overlay, so there's going to be new development coming through this corridor, especially with best products reimagined being built out in the future. [01:18:37] So we want this development to be in line with the future development in this area and to be a good steward to the neighborhood. We appreciate all the feedback that we've received from those neighbors and communicating with them. I do think we've reached a really great place. They've been really supportive the last AML exchanges that we've received. [01:18:54] and we ask you to follow the Planning Commission's recommendation of approval. Thank you. Thank you so much, Matt. I appreciate that. This is a public hearing. Is there anybody present that would like to speak to this case? Is there anyone online that would like to speak to this case? [01:19:12] There's no one to speak to this item. Thank you. So I appreciate, again, the applicant's work to date, but I'm not prepared to act on this night. The reason being I believe that there are several questions that need to be resolved before I grant we grant a broader B3C entitlement. [01:19:27] First, can planning reconcile its recommendation? Just last year, these same 2.2 acres came before us for pro-safe storage. We knew the specific use. We could evaluate the traffic, hours scale, and neighborhood impacts, yet planning recommended denial. [01:19:45] Second, general retail doesn't actually describe the full entitlement we'd be granting. Even with the current profits, B3C could allow uses beyond conventional retail, including convenience store, car wash, boat sales, fleet terminal, contractor service, industrial laundry, dry and cleaning. [01:20:01] Thank you, Mr. Lewis, for clarifying earlier today additional B3 uses as that remain. I'm referring specifically that a stronger proffer, if intended use, is truly general retail. We have a relevant Fairfield precedent in REZ 2017-0027 back in 2017, involving a property on Nine Mile Road where the applicants sought to move from B2 to B3C, but had not identified a specific use. [01:20:27] That property was designated commercial concentration, was surrounded by significant commercial activity. Even under those circumstances, planning staff expressed concern that it would not adequately evaluate the impacts without knowing the tenant use. And so I just want to make sure that we can kind of resolve those. Yes, sir, understood. [01:20:45] Ideally, that would be the case. We very often do ask for elevations and specific uses that an applicant has in mind on a property. In spite of that, we provided a recommendation this evening based on the fact that the case has come a very long way. [01:21:05] However, I respect what you're saying, and more work is needed. Colleagues, any questions, comments? That being said, I move that RZ2026100916 Imperial Investments Group be deferred to the October 13, 2026 meeting. [01:21:25] I have to request to myself, move myself, second my revenue. Nelson, all in favor, so I approve. Thank you. Next, Mr. Chair, members of the board, agenda item 199-26 out of the Verona District is DRB3 Trucking LLC with a conditional rezoning request from A1 Agricultural District and B3 Business District to M2C General Industrial District. [01:21:50] Several parcels containing 5.9 acres located at the southeast intersection of Darbytown and Miller Road. The applicant here is proposing outdoor storage and trailer parking. Mr. Seale. Thank you, Mr. Manager, Mr. Chairman, members of the board. [01:22:08] As the manager noted, this is a request to conditionally rezone approximately six acres located at the southeast intersection of Darbytown and Miller Roads from A1 and B3 to M2C for outdoor storage and trailer parking. The property is partially developed with several aging structures fronting Darbytown Road and a large unpaved parking lot to the rear containing commercial trucks and trailers and an undeveloped grass area farther to the south. [01:22:31] The 2026 comprehensive plan recommends planned industry that carried over with the recent adoption of the 2045 plan, which encourages high environmental quality standards, coordinated design, a planned layout, and minimal impacts on adjacent uses. Surrounding uses include a gas station, convenience store, the airport distribution center, planned industrial facility to the west, and I-895 to the east. [01:22:56] Residential homes are located to the south along Miller Road. The owner purchased the property in December of 2020 and received a notice of violation of community maintenance in April of 2021 for storing trucks on the A-1 portion of this parcel, storing inoperable vehicles and operating without a plan of development and a fence that was in disrepair. [01:23:14] In an attempt to remedy the violations, they submitted a PUP application in 2023, excuse me, a provisional use permit to allow for some of those options or some of those uses in 2023, but later withdrew it because they could not cover the entire area needed for the storage that they proposed. Another notice was then issued in June of 2025 for storing commercial vehicles and operating without the required provisional use permit, which remains active. [01:23:41] As shown on the proposed concept plan, access would be from Miller Road through a gate to a paved parking area and a large gravel storage lot enclosed by a fence. Two new carports are proposed in addition to existing structures that would remain. The applicant has indicated minor commercial vehicle repairs, such as changing tires, brakes, fluids, and oil, would occur on the site. [01:24:00] Altogether, their proposal would convert the majority of the site to a gravel storage yard, as seen on this concept plan. In addition to the concept plan, the applicant submitted elevations and proffers which would address items such as building materials, sanitary sewer, and right-of-way dedication. [01:24:18] The elevations mostly illustrate the existing exterior appearance of the buildings with minor improvements proposed. The proffers do provide several helpful mitigation efforts. However, staff recommends a continued focus on design aspects of this request as it moves through the process. [01:24:35] This could help improve the overall request, especially related to elements such as enhancing the site's existing buildings and the site's Darby Town Road frontage, ensuring buffer areas are maximized along Miller Road and the southern property line, and reducing the overall gravel extent, as well as fully enforcing the profit hours of operation by ensuring after-hours uses are prohibited. [01:24:55] Addressing these factors should be aided through a recent change to the proffers, which were distributed to you this evening. Proffert 16 has been added, requiring that detailed development plans are submitted and approved in a timely manner to ensure that the Proffert site improvements and code requirements are in place, further mitigating potential impacts. [01:25:15] The comprehensive plan, as I noted, recommends planned industry, which encourages high-quality environmental standards and that coordinated design I mentioned. While the proposed use is industrial in nature, it would essentially be for a reuse of an aging commercial building and residential buildings with minimal improvements proposed, allowing a significant expansion of operations southward closer to the surrounding residences. [01:25:37] However, the applicant has made recent efforts to clean up the property and included several additional commitments, including the most recent change I noted for this evening, as well as a previous proffer detailing the required connection to sanitary sewer. For these reasons, staff does not oppose this application and believes it could be generally consistent with the site's 2026 future land use designation, given the industrial nature of the request and the existing adjacent development. [01:26:01] But caution should be considered to ensure that the use doesn't further expand to the south to those properties along Miller Road. I would also note that the applicant held a community meeting in November of 2025, where several surrounding residents attended and spoke about concerns regarding the proposed use, hours of operation, traffic, truck movement, and general site conditions. [01:26:21] That does conclude my presentation, and I'm happy to try and answer any questions you might have. Thank you, sir. I really appreciate that. Reverend Nelson, you have any questions right now? Yes. The staff's recommendation was what? We're not in opposition to this request. [01:26:39] Read what you said. Just read what you said. The staff. For these reasons, the staff does not oppose this application and believes it could be generally consistent. Time out right there. Dan, have you ever heard that before? I read it, and I had to check. [01:26:54] I was checking all the other ones tonight. I haven't seen that before. Did we change something up down there? I mean, that is, I respect that. I respect that. That's your way of saying, yeah, we don't necessarily support it, but we're not really against it. [01:27:16] I think staff is recognizing that this is a transitional area that has some existing buildings that are in disrepair and there could be some benefit to allowing for some investment onto the property that this zoning would allow, but also recognizing that the way it has occurred has not been ideal and that in a perfect world additional property could be accumulated and be more consistent with that planned industrial designation. [01:27:48] But also I think it is reflective of the applicant making some strides in the proffer commitments that they've made, addressing a number of concerns that were raised by staff throughout the process to try and address screening and other things like that. So, certainly, I think it's reflective of a somewhat complicated case where they have been trying to address a notice of violation and other things that are happening. [01:28:13] I'll make sure I let Joe know when you came back how masterfully you explained that just now. Thankfully, they record these now. That was masterful. Number 16, can you give me that in layman's terms? What does 16 mean? So our intent with this, Mr. Nelson, is to ensure that they move all the way through the development review process before they're able to obtain the necessary certificates of occupancy and an ongoing business license for this property. [01:28:42] What we don't want to do is a simple commitment to submit a plan of development, for instance, would only require that they submit that, not follow through, and actually gain approval of those documents. So our intent is to – that POD really does give staff a lot of ability to work through specifics for buffering and screening, other improvements to the site. [01:29:03] And this would allow some of those design enhancements that I spoke about during my presentation to occur and ensure that that happens before they are fully legal on this property. Okay. So real quick, what's the history? So explain to me, like, how did we get here? [01:29:23] Because I feel like we're being very kind. being very kind this this was a business that was operating for a while without us really knowing that they were there operating as a business right so the per the property was purchased in in late 2020 at that time b3 would have allowed some of the uses that are being proposed here um so there is a portion of the site that is currently zoned b3 pull up the zoning map just to kind of better illustrate that at the corner um that would have allowed some of the uses that the applicant [01:29:58] proposes, but not the expanded uses onto the A1. And establishing those uses would have also required the issuance of a plan of development to establish a use on the property. And we went out and issued a notice when? In early 2021. And that came from? That came from the Department of Community Revitalization from Community Maintenance. Somebody made a complaint. Yes. Yes, sir. Do you have any of the before and after pictures? We have some late pictures, kind of some recent cleanup [01:30:30] that was done um so this was in in july this is in august i don't know that we have excuse me so they've done some cleanup of the back portions of the site where some of the i don't have the uh i don't believe that there's anything in the on the in the oh the all right so the one go back to that one so the picture on my left that was from when that was in 2020 and the [01:31:06] picture on my right is from when is in 2021 after this is what would have been occurring and what drove the plaint and initial issuance of the notice of violation so you can see where it kind of expanded beyond there okay all right um thank you is the applicant here good evening mr chair members of the board my name is randy hooker with engineering design associates i have donnie blanketship with me here this evening as well the owner of the property and the business operating [01:31:45] at the location um donnie operates a small hauling business he hauls water for uh niagara which is on the other side of the running on bridge and um that's about 80 of his business he has a few drivers the drivers are gone for a few days at a time making their delivery routes um as discussed too donnie does do his own maintenance he does change the tires changes the oil changes the brakes [01:32:19] just minor maintenance work we did agree to tie into the sanitary sewer but if i may back up for a minute donnie did do his due diligence before buying this property he went to planning discuss with planning he wanted to buy the property if he could use it the way he wanted to he didn't realize that he was moving on to the a1 portion of the property when he was parking the trailers he was also told back then he would not be able to tie into sanitary sewer and kind of went back [01:32:55] and forth with planning for some time because i didn't know who in utilities had provided that comment and um right sent our own survey crew out top of the sewer pipe is has minimum cover today it's like 5.6 feet you need to have five and a half feet of cover if you'd be in the street so public utilities i think is going to give us a waiver that the pipe would have to be constructed with ductile iron pipe versus pvc which is much more expensive material but by using ductile iron [01:33:31] pipe dpu would approve a waiver to extend the mantle to the corner of the intersection of derby town and miller road um so you don't you don't have any so do you have any trucks back beyond what is the what are those trees in the middle yes those are trees and it kind of breaks up the back part of the property right so is anything on the back part of the property all All right, so what, are you letting the grass grow back there or what? [01:34:02] It's just grass growing. I think that picture that you've seen was in the back. Do you mind coming to the mic? Excuse me, would you mind speaking to the mic? Slide over to the mic. Thank you, sir. I believe the picture you've seen is in the wintertime, so all the grass was dead. Ain't nothing been done in the back. So right now, if I go back there, it's like, it's green. [01:34:17] It's all grass, and I got a little garden, a garden about 50 foot by 30 foot wide. I mean, what's the highest amount of trucks you have back there? Well, it's nothing back there, but the highest amount of trucks I have on my property now, three trucks, and I got like 15 trailers, but all my trailers are not actually on site. [01:34:41] A lot of them are rented out or leased out, actually. All right, so the plan to clean up, I'm assuming you're in that process of connecting the sewer and water, cleaning up, et cetera. Is that something that you, can you actually do that? [01:34:56] You know what I'm saying? Yes. If we give permission, will you be able to do what is being asked of you? Everything that's in the proffers, I would do everything. All right, so I was feeling different because I hadn't talked to you. [01:35:12] I was feeling different about this before you got up with my guy right there. So I feel better because you're going to make sure that we do what we need to do. Yes, sir. We'll do everything to ask, everything that's in the proffers, including hook to the sewer, which is very costly, very costly. [01:35:30] Because it's, I think, 250 foot away, which is almost a max, where I don't have to hook to it. All right. Well, I don't have any questions. Thank you both. You may sit down for a moment if you'd like to. Thank you. Thank you, sirs. [01:35:45] All right. Colleagues, any questions? Hearing none, this is a public hearing. Anyone here to speak to this item? Is there anyone online that would like to speak to this item? There's no one to speak to this item. [01:36:01] Thank you so much. The public hearing is now closed. Reverend Nelson. All right. Invite me over one day so I can see what you do. All right. I move that we follow the recommendation of the Planning Commission and approve REZ 2025-102340-DRB-3, Truckin' LLC, with the revised proffers dated September 8, 2026. [01:36:23] Thank you so much, Reverend Nelson. It's been moved by Reverend Nelson. Is there a second? Second. Seconded by Mr. Rogus. All in favor, say aye. Aye. Opposed, the ayes have it. It's approved. Mr. Manager. Next, Mr. Chair, members of the board, you move into public hearings, other items. The first item on this agenda, portion of the agenda is 200-26, and this is an ordinance to amend and reordain section 22-43, title reserved of the Code of the County of Henrico to allow the use of photo speed monitoring devices in school crossing zones. [01:36:56] Chief English. Files keeps getting smaller and smaller. Good evening, board chair, members of the board, Mr. Manager. [01:37:11] This ordinance allows the use of photo speed monitoring devices for purposes of recording violations of maximum speed limits at school crossing zone in accordance with Code of Virginia 46.2-882.1. The ordinance imposes a civil penalty of $100 if a photo speed monitoring device finds a vehicle traveling at speeds of at least 10 miles per hour over the posted school crossing zone speed limit while such zone is active. [01:37:38] I recommend approval of the Board of Payment of County Magic and Curves, and we'll have Captain Peckle here with me to be honored to answer any questions you may have. Thank you so much, colleagues. Before I call from the public, I'm hearing any questions for Chief right now. I have a couple. [01:37:56] I'd like the record to reflect. I've been silent all meetings, saving up my time for this issue. All right, so I've looked at the proposed ordinance, kind of compared it to the state statute. And I note, you know, one, Virginia Code 46.2-882.1 does, it's fairly broad. [01:38:15] It's broader than what we're proposing here, specifically that that particular statute allows multiple places where these cameras can be implemented, including highway work zones, high-risk intersections, pedestrian crossings to monitor for jaywalking, as well as stop sign violations. [01:38:33] So relatively speaking, and I'll start by that, that what we're proposing is kind of a small snippet of what that code section allows. Yes, ma'am. That's correct. And the scope of this is speeding in school zones very narrowly. [01:38:49] Correct. That's correct. Now, this does not expand the definition of a school crossing zone in any way. And it's, to be fair, the code definition of a school crossing zone is fairly ambiguous. it doesn't say like a meters or distance or anything it's basically any area where it's necessary to protect children going to and from school that's correct but we would have mechanisms that would indicate where exactly where that zone is though okay would it be consistent with existing school crossing zones yes it would okay um the i don't i didn't see in here where the hours [01:39:26] of ticketing would be would take place seven each year we work closely with henrico county public schools and the times are set so we'll continue to monitor and work alongside our school partners with the set times for those effective school zones across the county would it generally be an hour before an hour after two hours before two hours after it would be tied only to school start and end that's correct the morning and afternoon school zone flashing zone times which [01:40:01] are indicated by our school partners, we would monitor and maintain those times collectively. Okay, so basically what's in place now as far as when the lights are flashing would be consistent with the hours that these cameras would be operational? That is correct. Okay, and can I add one point? So I was at a football game on Friday, crazy crossing back and forward on airport drive, thousands of people there um considerations for high impact um times around schools too [01:40:37] i'm just throwing it out there that may be contrary to what my colleague is saying but i was um i was scared for people crossing after the football game and before the football game on friday and it was a sold out game so it's thousands of people trying to get across the street to their cars etc so um and and cars were flying through it's dimly lit on airport drive so maybe something considered with super high impact that's great great point and uh that's noted [01:41:11] something we can definitely discuss i do think just to chime in and mr newby because we did talk about this before um it does define it i think in the school crossing code 30 minutes before 30 minutes after school am i correct about that i actually did not research that in advance of this meeting i think ms roundtree's point is well taken what's being proposed this evening is what's currently happening yeah as far as the flashing lights and no ticket can be issued under these photo speed cameras unless the cameras show that the lights were flashing that is okay um and so [01:41:50] when school is not operational during summer things like that or i guess i guess maybe when summer school is in so i say that to say this is not some this is not going to expand when the school zone lights are flashing just because we're installing these cameras it's going to be consistent with what has always been the law for additional fines in a school zone that's correct okay um so i'm trying to make sure making sure i understand the mechanism of how this is going to work so camera is installed a photo was taken and who was responsible would be somebody from hpd [01:42:26] or a vendor i know we're going to contract or proposing a contract with a vendor for a portion of it who actually is responsible for taking it from the photo to a summons it's a three-tiered it is a three-tiered approach so the vendor the selected vendor will capture the the violation they validate it and then it is sent to hcpd henrico police to also validate from either a sworn or a retired member in compliance with state statute as of july 1st 2026. okay and when they validate it they're validating it with what they're actually verifying the information they're [01:43:05] verifying the uh the dmv information uh for the violation and witnessing that the lights were actively flashing okay so somebody that somebody with the vendor is laying eyes on the photo checking it with dmv passing that information on to hpd somebody on hpd is laying eyes on it verifying the photo verifying the light checking the dmv registration that is correct Okay. And then a summons is issued, and I believe it said that a summons has to be issued within 30 days from the violation. Is that right? [01:43:40] Yeah. We'll set out operational standards with the selected vendor, but yes, the information is sent to us and issued out within that 30 days. Okay. So there is then a rebuttable presumption that the owner is the person driving. So essentially, the photo is taking, the camera is taking a photo of the vehicle and the plate. And there's a rebuttable presumption that it's the owner of the vehicle through DMV that is the driver. And I say rebuttable because the summons in the letter that the person gets says, here are the ways that you can rebut this presumption. [01:44:16] One way is to send an affidavit to the clerk of court saying, not me, here's who it is, and you have to include the name and address. The second way is to show up for the court date that is assigned and testify, not me, here's the person's name and address. Is that right? And the statute very specifically says name and address. [01:44:36] So, for example, somebody's driving my vehicle and it's, you know, somebody, a friend of my son's or something, and I don't know their address or something. That could, in theory, be something that fails to rebut the presumption. Correct. So the statute provides that it doesn't have to be served by the sheriff. [01:44:56] The summons can be mailed, and I assume that that would be the practice that is employed. And then there's a court date. If the person no-shows for that court date, they don't get issued a show cause or anything like that, that then causes a second letter to be sent. That is accurate, yes. [01:45:13] Now, if that second court date is missed, then I would say kind of one of the heavy-handed portions of this is DMV is then instructed to put a hold on renewing the vehicle registration. With state statute as of July 1, 2026, that is an option, and those would be discussed in our operational plan. [01:45:35] So we don't know if that's what we're going to do in Henrico yet? so we'll continue to work with all stakeholders to include the clerks uh the courts etc but that is an option to do dmv holds as related to photo speed enforcement okay um is there some way that that me i don't necessarily pay a whole lot of attention to the mail that comes to my house all the time um could do we have control over whether there's special annotations on the envelope or something that calls people's attention to the envelope to say this is something you you [01:46:08] need to not just toss we would definitely continue to work for best practices with our vendor that the selective vendor to bring all and that would also be part of our PR campaign so we'd work very closely with not only the vendor but our public relations team for Henrico County Public Safety to ensure that there's not only on social media but our website which is forward-facing to our public that we serve as well as our media partners to really showcase how we're implementing this project. Yeah, it's actually part of the state statute is that it specifically said you have to [01:46:44] put it on your social media, you have to put it on your website, also including I think a link to the vendor. Is this something where there has to be like an RFP to a vendor and a competitive bid process, or how is the vendor selected? There is cooperative agreements throughout the Commonwealth of Virginia, and so we would be able to operate under a cooperative agreement. Okay, and so how have we already identified a vendor that is preferred there are two vendors okay none of them is flock right so how do how do we know with a level of confidence that the vendor that is being [01:47:20] selected is a vendor that is is trustworthy well i've i've been dealing with the process and reviewing and interviewing each of the vendors and for me to stand behind a product i've toured spoken uh with each of the members and uh really stand behind the product uh and see their operations firsthand okay it's also also you you look other other localities that may have been using the same vendor uh you know we rely a lot on our partners in law enforcement they may have already used them get suggestions and ideas from them see how it's worked for them as well and so [01:47:58] the vendors that we're we're looking into um agencies i've spoken with and not had any issues concerning okay and so the the distinguishing feature of this of these cameras is that it is all local and in-house so it is limited strictly to henrico county police and the vendor that's correct yes and the statute actually explicitly bars any of the data from being sold the data is not open to the public the data cannot be shared with any other entity cannot be used for any [01:48:31] purposes other than non-traffic um purposes right and it can't be we're going to use this photo to prove that this person was in this area for some other purpose or anything like that that's correct all right and uh 60 day 60 day purge 21 days 21 day purge 21 day purge so how does i saw that and i thought that i couldn't reconcile that in my mind because if the statute allows 30 days for the vendor to issue the summons, but the data can be purged within 21 days. [01:49:06] How does that work? It's my understanding is if a summons is issued, it's allowed beyond the 21 days. If there's a citation issued, it goes beyond 21 days. Okay. But in essence, if the vendor has not identified it at 21 days, even though there's nine days left, it's not going to be issued. [01:49:24] That's correct. Okay. There is a 30-day grace period from the time the cameras are installed, and that 30-day grace period applies to each specific location? [01:49:46] That is accurate, yes. Okay. So the rollout is, I assume, not going to be all at once. I know you've identified certain schools that you plan to place it at. That's correct. Okay. I know you've given that information to us. Can you share what schools that plan to be rolled out first? [01:50:04] The plan is to roll out all the high schools and two middle schools, Fairfield and Tuckahoe. Okay. Now, the statute has, you know, kind of a delineation between July 1, 2027, pre and post. [01:50:19] And so it states that until from now, from implementation until July 1, 2027, there is a requirement for one sign to notify drivers. drivers, and then after July 1, 2027, it's a minimum of two signs, one of which must include a speed display, and I take that to mean a sign that says you're going X amount? [01:50:39] That's right. Okay. I thought that was a little, no disrespect to my General Assembly folks, but I thought that it would seem to me that you would start out with more signs, because after a year, folks probably would already know that it's there. Do we have the ability to start out with the two signs and maybe even the speed display initially? [01:50:57] yeah i don't think the statute negates the fact that we could do more uh so if that's what we decide to do then yes we can make that happen okay um and is the thought that we're going to start with those identified schools see see how it goes with the expectation that it would be most of the schools if not all of the schools in the county at some point yes that is that is the plan you know the overall goal is to reduce speeds in those those locations well and from work session we did cover the fact that some some mostly elementary schools may not lend themselves to because their location right so it's not all schools but ultimately yes okay so some [01:51:36] schools may be tucked away in neighborhoods such that there really isn't an issue with speeding and correct okay um this does not result in any criminal liability no points on anyone's driving record anything like that and again even if somebody misses the court date then the sanction is possibly a DMV hold, but not a show cause, not a failure to appear, no snowballing effect of missing this. [01:52:04] That is correct. And there is a requirement that every year we provide data to the General Assembly, and I think DMV, if I'm not mistaken, of how many have been issued, how much revenue has come in, so forth and so on. [01:52:19] That's accurate, yes. Available to the public. That's correct. Is there some thought to monitoring that on a yearly basis and seeing, you know, whether this is something that is working, reducing speeds or anything like that? Yeah, I think, I actually think it would be prevalent for us to do it even quicker than that, than a yearly basis. [01:52:40] You know, the overall goal is to make sure speed is being reduced in those locations. And so the least amount of summonses or citations being issued gives us some indication that people are giving a message about those areas. And so I think we would be doing it more frequently than just on a yearly basis. [01:52:56] Got you. I think I understand the process. And, you know, I'm always trying to make sure that there is a due process element to it. The fine, and I spoke about this in work session, too. So the statute by max allows a $100 fine. And so what is being proposed is right at that max. [01:53:15] You know, I don't know that I believe that a $50 fine, which I know some neighboring jurisdictions start at, is more of a deterrent than a $100 fine. I don't think somebody is going to be saying, well, I'll speed if it's 50, but not if it's 100. [01:53:33] But I do think that a difference in that could mean whether somebody is able to pay an important bill on that particular month. And so I would invite some discussion amongst my colleagues as to whether starting at that $100 fine limit is something that we can talk about. [01:53:52] I do know some other jurisdictions have a graduated, so if the first one is $50 and then a second one could go up to the $100, is that something we could do? I think all those options are on the table. I just will indicate, though, that if a police officer stopped you in those school zones speeding, that ticket would be much more than $100 in the court. [01:54:13] From a civil penalty to a criminal offense, it would be much higher. Agreed. But the difference is, in that scenario, you're interacting with a police officer. You know that you're getting the ticket. They know that you're the one driving it. You're checking off the boxes for a lot of assumptions that are being made when it's a photo camera as opposed to an in-person camera. [01:54:31] so it's kind of like this trade-off to say where we don't have the 100 certainty that we do when it's a police officer is issuing a citation when it's a a camera um and i think a lot of people you know you kind of get that visceral feeling you get something in the mail where a photo was taken of you and it's like wait a minute i didn't know this was being taken how do i know that i was there let me check my calendar was you know was that even me you don't have any of that when it's a police officer stopping you in the moment um so i i do think there is a little bit of a justification for, you know, I don't think it's a fair apples for apples comparison to say that the fine should be the same as what it would be for a court process. But, okay, I think that's [01:55:10] all of my questions for now. Thank you. Thank you so much for answering. Colleagues, anyone else anything to ask? I have no questions on it. You gave us a fairly extensive briefing work session about it. To me, all of my colleagues' concerns are valid. I appreciate her expertise in bringing them up for me it is simply about the chief just said there's no way shape or form i would ever find myself not supporting a way to keep these kids and families safe crossing mill road going [01:55:46] to glen allen elementary from a neighborhood right across the street i have a couple of those schools that wouldn't be candidates springfield elementary is one of them just not a candidate on that back roads um but there's but dumbarton i mean wow like hungry spring right there hermitage we have a crosswalk that they don't use they cross mid-block there's no way shape or form i i could find myself not being supportive of slowing folks down in a school zone um resources this county [01:56:19] spends so much money on public safety resources rightfully so but you can never put a patrol car everywhere we talked chief we met last week about crossing guards and the need for these things and the resources just don't exist and the acceptance of technology has got to be a piece of this certainly the concerns that we just heard are they're viable questions and they're real concerns and the purging of the records and the trust of the vendor i love the fact that our law enforcement officers are going to see it for themselves and validate it but slow slowing people down in school [01:56:55] zones is a priority should be a priority of ours keeping these kids folks safe protecting the data with which we do it with should be just as much as a priority i don't have a problem with the fine personally it's less than if you get pulled over and i get that i like the validation that you've added i like the fact that it's at a specific to school zones right now i do i am with mr nelson on that after a football game i can see the purpose of it i would like to work with our schools if we could activate these flashing lights these folks don't just park in these parking lots you know they were walking these folks on staples mill from glen allen are [01:57:33] walking across staples mill back to their homes after football games there's a safe signal crosswalk there thank you dp thank you terrell and steve for your work on that but there's just we have these we have pedestrian problems in this county we've seen them we're doing everything we can to fight them and this is another tool to fight them and slowing people down where these kids and families and adults adults are crossing um i've i certainly am supportive of so i applaud the work on it i know that this is a topic of discussion among residents i have residents texting me tonight telling me that they don't support it you know i have residents texting me all week saying they do [01:58:10] i get it i think at the end of the day the judgment call for erring on the side of protecting people crossing streets in this county when we have seen tragedies this kid from hermitage killed on staples mill 75 yards from a signaled safe crossing i mean i know that's not in a school zone but the point is real so i i say thank you i also would say in response to my colleagues comments i appreciate the regular attention to it let's stay on it and make sure it's used properly and make sure it's used effectively and make sure it's slowing down speeding and [01:58:46] let's assist our officers out there who are doing the great job every day but can't be everywhere how many times do i send an email and asking for a patrol car on libby to sit there because i've got speeding complaints or someone on Stoneman where I know an officer sat on Stoneman for me for a week here and there during, during high profile areas and, you know, using technology as long as it's monitored by you folks and it's used in a trustworthy manner. I, I, I fully support. Thank you. Thank you, Mr. Chair. [01:59:12] Yes, sir. Um, Mr. Rogas. Yeah, just a couple of, a couple of things. One, Mr. Newby, you maybe had a chance to, um, maybe just chime in on my question before. Can we put it in a, uh, like during a football game, Highland Springs or Freeman, et cetera? [01:59:29] Yes, sir. Your memory was very good. I've had a chance to review the code section. It sets default times when school, excuse me, the blinking lights are supposed to be on when school zones are activated. And it does allow for such times as the presence of children going to or from a school reasonably requires a special warning to motorists. [01:59:47] So I think a discussion with your school counterparts could be effective in either expanding other times as flashing lights are occurring or just considering the full scope of when they're on. Okay, thank you. And then, Chief, can you or Captain Pekka, either one, can you remind the public how many tickets, I think you told us in the work session, roughly 400 or 500 per year, but can you remind us the last couple of years, the tickets that you did issue in school zones? [02:00:18] Yes, sir. School year 23, 24, there was just under 500, 487 to be exact. School year 24 through 25 was 700, and school year 25, 26, 355. Okay, thank you. I guess my last comment, just for the public, and my colleague did an excellent job of summarizing 46.2, 882.1, which is the code. [02:00:45] And I just would encourage folks to actually read this because it does give us the authority in a Dillon Rule state, the Commonwealth does give us the authority to implement this. And it is very well laid out from our legislatures and what we can and can't do. [02:01:02] So, and thank you, Ms. Roundtree, for summarizing this in a very astute way. Thank you. So much, Ms. Ruggers. Ralph Nelson, anything right now? I had Roundtree said 10 minutes of what I said. [02:01:20] all the questions i had she asked but show me no seriously seriously i appreciate your line of questioning um and all of my colleagues everything they said i i it's just two things anything that we can do to deter speeding and so i like i like the hundred dollars because i do think it provides shock value it may impact somebody but i guarantee you if somebody get if you get hit with that you're going to make sure that you slow down next time you are in in front of a school i i haven't received a whole lot of don't do this and i would be shocked if i [02:02:00] did get a lot of don't do this um because one thing i believe most of us want our kids safe so i'm i'm i'm all for it and i'm for the 100 fine and i would like as a chair maybe if you can jump to the school board chair to see if we can expand it during special times i would assume the schools can look at their calendar and determine when they may have more people and they can put the flashing lights on or whatever but i i know um and mr yob and mr hughes out friday night i i [02:02:35] know that there's a need to light up airport drive some way we need to put some solar lights or something out there because it is a dangerous place and i really was like worried you know it's like watching kids play frogger back in the day trying to jump across to get to the cars parked on the other side and um even though messa road is just two lanes it's the same thing because we have a parking lot across the school and across the street from the school so that's my comment thank you so much uh reverend elson chief captain thank you so much um this is a public hearing the manager has indicated that no one has signed up to speak um but i have been informed that there [02:03:13] are those present who would like to speak so if you'd like to speak to this issue we ask that you go back to the back podium um and at this time form a line if you just state your name if you don't mind and just your general vicinity where you live. Thank you, ma'am. My name is Victoria Crawley, and I am here regarding the ongoing pedestrian safety concerns on Azalea Avenue surrounding Hemrico High School. First, I want to acknowledge the proposed ordinance allowing [02:03:47] photo speed monitoring devices in school crossing zones. I support taking action to reduce speeding around our schools, and I believe that these cameras can be one part of the solution. But I am asking you tonight to recognize that speed cameras alone are not enough for what is happening on azalea avenue specifically the danger i witness is not limited to speeding drivers are failing to stop for pedestrians attempting to use the crosswalk even when the pedestrian warning lights [02:04:22] are flashing sometimes vehicles do not stop until the last possible second i hear the screeching of brakes when pedestrians are trying to cross safely. I have watched vehicles continue when people are attempting to cross, and I have personally spent time every single day helping students safely get across this road. I have hours of video footage from both last school year and this school year documenting these conditions. I would like to formally submit that documentation, [02:04:56] for review by the appropriate school, county, law enforcement, and traffic safety officials so that you can see what those of us standing on Azalea Avenue are actually experiencing. This is not a new concern for me or this community. [02:05:14] My sister and I are both alumni of Henrico High School. We have known this roadway for decades, and pedestrian safety along Azalea Avenue has been a longstanding concern. Unfortunately, the danger at Azalea Avenue and Sandpiper Drive is not hypothetical. [02:05:30] On November 18th, 2024, 52-year-old Hemrico resident Camilla Dawn Nichols was struck and killed at Azalea Avenue and Sandpiper Drive. And there is something particularly important about that tragedy that I want the board to understand. [02:05:45] The pedestrian flashing warning system had already been installed at that location when Ms. Nichols was killed. I heard that accident because it was outside of my house. I am still traumatized by what I heard that night. Today, when I hear tires screeching because a driver has not stopped in time as pedestrians are attempting to cross, I am reminded of that accident and how quickly another tragedy could happen. [02:06:11] This is why I'm concerned about treating another enforcement or warning measure as though it completely solves the problem. We already have flashing pedestrian lights. Drivers can ignore them. We can install speed cameras. A camera can document a violation and issue a $100 penalty after it happens. [02:06:32] But neither one guarantees that a vehicle will stop before someone gets hurt. What I am asking you to consider is, what is actually going to make traffic stop so that our children can get across the road safely? And this concern goes beyond one intersection. [02:06:49] Henrico High School students cross Azalea Avenue at several different points along the roadway, not just the designated crossing at Sandpiper. We need to look at the entire school corridor and determine whether additional marked crosswalks, controlled pedestrian crossings, or other pedestrian safety improvements are necessary. [02:07:08] So tonight I'm specifically requesting trained school crossing guards for Henrico High School. In other words, not myself outside every day. I am requesting an evaluation of where additional crosswalks and controlled pedestrian crossings may be needed along Azalea Avenue, based on where students are actually crossing. [02:07:30] And I am requesting a comprehensive pedestrian safety assessment of the entire Azalea Avenue corridor. I support the proposed speed cameras. Please approve measures that hold dangerous drivers accountable. [02:07:48] Please do not mistake enforcement after a violation for prevention before a tragedy. We have the footage, we have the near misses, we hear the screeching brakes, we already have pedestrian warning system, and at Azalea Avenue and Sandpiper Drive, we have already lost a life. [02:08:04] Our students should not have to gamble with whether an approaching driver is going to stop just to safely get to or from school. Please do not wait until another student, parent, community member, or another pedestrian is seriously injured or killed before deciding that stronger protections are necessary. [02:08:23] We should not need another name added to the list before we act. Thank you. Ms. Carley, thank you. Stay right there real quick. So you and I and Mr. Young are supposed to be meeting? Yes. You got my email? Yes. All right. So Mr. Hughes is our Director of Works. [02:08:40] I want to just already inform you that we have already done the traffic study. We have some things in works for that specific area. So you, myself, Mr. Young, and Mr. Hughes are going to meet, and we're going to talk to you about that. Okay. Is that okay? Yes, it is. Thank you so much. [02:08:53] thank you all right are you ready for me my name is michael keegan and i live in the three chop district i wrote this whole thing before i listened to miss nelson in the meeting tonight [02:09:28] and this will be adjusted on the fly while the idea idea of ticketing speeders in school zones in order to have safer school zones for our students is commendable there are many unanswered questions behind this seemingly innocuous change while students may indeed be safe from safer from speeders, inappropriate use of the camera images may put large segments of students and their families in considerable danger. This matter should be delayed until the following questions are answered publicly and the public has a chance to review and comment on the answers. [02:10:04] What company will be providing the cameras to be used? Will the cameras be part of the flock network, either directly or indirectly? What prevents our vendor from sharing data with the flock network. Where would the data be stored? Will Henrico County have 100% control of the data at all times? Or will the data ever leave Henrico County? We all know that once the data leaves Henrico County, the county immediately loses all control of how the data is used. [02:10:37] What agencies outside the Henrico Police Department will have access to this data, directly or indirectly? Exactly which positions in Henrico County will have access? But what purposes will access be granted beyond speeding tickets? What supervisory controls will be put in place over those who request data? A Kentucky police officer was arrested after using flat camera data to track his ex-girlfriend 2,048 times. Some may brag that the officer was caught, but the officer was not caught the first 2,047 times he accessed the data inappropriately. [02:11:14] That is not a success. That's an absolute failure. I've heard that the data will be stored a different amount of times? How long will the data be stored with certainty? When the data is deleted, will all backups of the data and the backups of the backups also be deleted at the same time? Will the images be taken only of those who are speeding, or will everyone traveling through the school zone have their license plates captured and tracked? Where will the cameras be installed? I heard some different things tonight, and I wasn't sure I followed it all. It sounds like most of the schools, but I'm not trying to put words in anybody's mouth. [02:11:53] Historically, black and brown communities are surveyed far more than white communities. How will Henrico avoid over-policing communities of color? The city of Richmond refuses to disclose where their flock cameras are installed, but it is thought that 11 of the 12 census tracts in Richmond with the most cameras are majority non-white. [02:12:14] What are our plans? What testing and controls will Henrico be using to prove that the cameras are only being used as explained to the public? What testing and controls will be used by Henrico County to prove that the data from the cameras is only stored in an appropriate manner? [02:12:31] Will Henrico ensure that the Department of Homeland Security and Immigration and Customs Enforcement be prevented from using the data? Or will Henrico be helping to build the surveillance state that Palantir and ICE so love to take advantage of? [02:12:48] This almost certainly will help keep our students safer from speeding, but there's more than one way to be kept safe. An audit of Columbus, Ohio's network of cameras found it had been searched over 15,000 times for immigration purposes since 2024. [02:13:06] Another abuse of flock data occurred in May of 26 in Texas when a search was done to find a woman who authorities believe had a self-administered abortion. Flock camera data was searched, including flock camera data of states where abortion is legal. [02:13:23] I understand the need for immigration enforcement and fighting crime. I'm all for it, but I will never be in favor of armed men with masks abusing American citizens and abusing legal immigrants under the guise of immigration enforcement, especially if they are using our camera data. If DHS and ICE will have any chance of having access to these cameras data, Henrico County should kill this proposal immediately. As of today, I have no reason to distress the Henrico Police Department. I actually have been delighted every time I have [02:14:00] dealt with them. But I have every reason to distrust DHS, ICE, the city of Richmond, and many other police departments. We need to be sure we know how this data will be used. So far in Virginia, six localities have rejected block cameras. Charlottesville, Stanton, Harrisonburg, Elkton, Warrington, and Floyd County. I urge this board to do the same. If you can't reject the matter tonight, at least delay the vote until more public information has been released about the questions i have asked tonight thank you so much we have to move thank you yes sir thank you for that is [02:14:35] there anyone that's like to speak to this item is there anyone online that would like to speak to this item yes i have one individual miss sarah ramsey okay okay i post cameras because they turn ordinary citizens movements into government data every time someone drives past one of these cameras their vehicle and license plate can be recorded creating a searchable history of where [02:15:11] innocent people have been, even when they have committed no crime. The Fourth Amendment protects us from unreasonable government searches, and the Constitution does not give government unlimited power simply because modern technology makes mass surveillance possible. There is a fundamental difference between investigating a specific suspect and continuously collecting information on everyone. I'm not against law enforcement solving crimes. I'm against treating every [02:15:48] citizen like a potential suspect. If the government wants to track an individual's movements, it should have to meet constitutional requirements, not simply point a camera at the public and collect the information automatically. Public safety is important, but constitutional rights are not optional i fear that this is another sinister mass program under the guise of public safety thank you thank you so much um for your comments madam uh anyone else if not yes [02:16:26] one individual miss katie albright okay uh hello can you can everyone hear me we can hear you um so i would like to second some of the um concerns that have been raised by other residents Oh, I forgot to mention where I'm from. I'm Katie. I live on New Market Road, almost within walking distance of Varina High School, but not currently due to the lack of a connecting trail. [02:17:02] I would like to second some of the concerns that have been raised relating to the flock, like web system. I would like to second the concerns of, you know, the fact that these aren't necessarily prevention. [02:17:20] But I would also like to mention the fact that I live on a state highway and the state highway is not part of the school zone. So if I were to ever be able to walk to school, which will be a possibility after, I believe, 2027 when a connecting trail is built from the Capitol Trail to Verina High School, once that trail is built, I live on the opposite side of New Market Road from the Capitol Trail. [02:17:55] So I would have to cross State Highway in order to reach the Capitol Trail when the connecting trail is built. And I would like to propose that crosswalks be implemented near Varina High School along New Market Road for drives like Allegro, Burning Tree Road, and other residential streets that don't necessarily have a safe way to cross the street. [02:18:35] Thank you. Thank you so much for your comments as well. Is there anyone else online? No, sir. Thank you so much. That being said, this public hearing is closed. Captain, can you answer a couple questions for me real quick? [02:18:53] So, Chief, as you want to come up as well, if the vehicles that are passing this machine, right, because I've passed it on the Burnham, going by Limwood-Holton, if a vehicle is passing the machine, if it's not speeding, there will be no pictures taken? [02:19:12] invisible so so the the passing cars 24 7 are not being um videoed and stored that's correct by state statute at least 10 miles or over okay if you're going under that nine miles and under you're in you're invisible to this uh camera system how does the technology do that each of the cameras that we're seeking are lidar which is light detection and ranging this is a pinpoint accuracy, which would photograph the rear of the vehicle, capturing the license plate [02:19:50] of that vehicle, in which we would get the information from Inlets or DMV, the Department of Motor Vehicles, to get the information there. So we're not just taking random pictures, we're not storing data of the cars that are passing by, we're not sharing this information to a broader network of camera systems feeding into like a national database if you will correct that is correct that is correct we are not all right thank you all right any more questions from my colleagues chief didn't you share you share [02:20:26] some data when we talked about this a couple of weeks ago a month ago you got then you do um like a study or something for each school yeah are you looking for the number of sorry you looking for the number of violations that were issued at each school or that in that area um well i had a specific question in in um and i get it i appreciate the questions about um [02:20:54] this i hear that often about flock it's um uh and i and it it is historically real that um citations incarcerations disproportionately impact minority people um more than they do non-minority so that's a fact, but I was, when we did this particular exercise, I was surprised. I think that one of my schools is one of the lowest, wasn't it? If you go and look at the one on [02:21:33] Airport Drive. Yeah, I'm looking through it now, it is actually, it is the lowest of the amount of violations of all the high schools that we did a study on. Well, with the exception of Godwin. Godwin was the lowest. But you talk about Highland Springs, which is 80% African-American, I mean, the communities going through there, majority African-Americans, and ironically, that particular zone had one of the lowest speeding rates, which means that if we were using this system, it would have had the lowest level of accounted speeding violations. [02:22:11] That is correct. Yeah, and that is very much an area highly frequented by African-Americans in our community. And I know that was just a test or a trial, but that jumped out at me when we talked about this exercise. [02:22:31] Yes, and just to make your point, a lot of the Western schools had a much higher daily rate of violations than many of the schools that you're referring to. So it would not be disproportionate in terms of the violations. [02:22:49] Thank you. All right. Anyone else? So I thank you for all of the information and thank you for everyone that spoke I will say this so this is not a this is not a discussion about flock and you all know how passionate I am about the flock conversation and I hope that not too much time passes before we have that public conversation but because I care so much about the flock conversation I do not want it conflated with what this is because it in fact tends to tends to harm the actual and legitimate [02:23:24] flock conversation in my mind there are you know law enforcement cannot be handicapped in doing its job i certainly don't believe that and school pedestrian safety is an extremely important topic it's one of the frequent things that residents reach out to me about and it doesn't you know to mr nelson's point this is not a situation where you know i've got a concern that we're disproportionately choosing schools in minority districts to put these cameras or anything like that there's you know i think probably and i'm just you know spitballing here that you know um schools in my district probably have a higher number of young drivers to school driving to [02:24:02] school and that may be a reason why there's a higher ticketing amount there so i say that to say this is not flock now there were questions that need to be answered to make sure that this is not flock adjacent so to speak and that's why i asked the questions that i asked because i i do think we all need to be reassured that this is a safe insular network that this is not something that there is a risk of the data being beyond the control and the purview of henrico county that it won't be used for improper purposes i spent a lot of time looking at the state statute and you know you can tell that they took a lot of care to try to make sure that there were limitations [02:24:39] to it i frankly um you know have a lot of respect for the fact that our uh police department could could have said, we're going to put everything that's allowed in the statute into this ordinance and cast as wide a net as possible and put cameras everywhere that we can put them. And they didn't do that. They selected one category out of the several categories that the statute permitted those cameras to be placed very narrowly tailored. [02:25:01] And that is something that, as a lawyer, is very important to me. Any ordinance, any law should be narrowly tailored to address the concern that it is purporting to want to address. And so in this aspect, we are talking about how can we make our schools safer for children and families that are traversing to and from? [02:25:21] As a criminal justice advocate, I try to minimize-- and I think it's an important practice to try to minimize interactions in person between law enforcement and the public to the extent possible. And so speed cameras can do that if done carefully and with due process in mind. [02:25:42] I have residents reach out to me all of the time that say, Can we put a police car in our neighborhood all the time? Can we put a police car in front of the school all the time? And one, we don't have the resources to do that. But frankly, even if we could hire 8,000 more police officers, I still wouldn't support putting a police officer in front of every school or at the top of every neighborhood to monitor those things. [02:26:03] Because again, that is not what effective policing is meant to look like. We're not trying to make this look like a police state. And so that is very clearly what, to me, I am satisfied that this is not what this ordinance purports to do i do think that it is narrowly tailored i do think that it is equitable i do think that there are due process provisions that are built in i think that there are protections i think that it is you know quite frankly in many ways the diametric opposite of flock and highlights you know some of those deficiencies in a system like that that are not present here my one heartburn again as i said was starting out at the maximum fine because again [02:26:40] um i'll just put it on the record i don't think that a 50 versus 100 does actually have a deterrent effect um you know we saw that with with cash bond right the amount of money that somebody has to pay for a bond doesn't necessarily make them more or less likely to appear for court so the amount of the dollar i don't think would translate to a deterrent effect in this and i am sensitive to the fact that for some people a 100 fine um could could be very impactful to their household in a season of very of rising costs all around but I am gleaning that that is not the will of my colleagues and so I am not going to hold up passing of the ordinance or my vote and approval [02:27:15] of this ordinance on that one issue I just it is on the record that if I had had my druthers I would have had a lower starting fine but that is the commentary that I will make on that tonight colleagues any other comments if not is there motion sure move the ordinance is it it's moved by mr. Smith seconded by mr. Reverend Nelson on this side was posed ordinance approved next mr. chair members of board agenda item 201 - 26 is a resolution this case condemnation for easements this is for the Mount Olive Avenue realignment project which is in the Fairfield district mr. Anthony thank you [02:27:53] mr. manager mr. chair honorable members of the board ladies and gentlemen this board paper would authorize condemnation proceedings for the property that is needed for the construction of the Mount Olive Avenue realignment project. All of the heirs have not been able to be located. The county has offered the location, the located known legal heirs just compensation, but the located legal heirs do not have clear title to convey the property. Directors of Public Works and Real Property recommend approval of the board paper. [02:28:26] The county manager concurs. I'll be happy to answer any questions. Thank you so much Mr. Anthony. This is a public hearing. Is there anyone present i'd like to speak to this item is anybody online that'd like to speak this item yes and i want to speak to this item all right motion approved both i'm sorry motion to prove second then move by myself second by everyone else on the fifth side i suppose resolution is approved next mr chair members of board 202-26 is also a resolution condemnation for easements for the mount [02:29:05] olive avenue realignment project separate address 8831 trolley lane again in the fairfield district Mr. Anthony. Thank you once again, Mr. Manager. Mr. Chair, honorable members of the board. This one is associated with the previous one. It's the same situation. The county has offered the located legal heirs, just compensation, but the located legal heirs do not have clear title to convey the property to the county. Directors of public works and real property recommend approval of the board paper. County manager concurs. I'll be happy to answer any questions. [02:29:35] Thank you, Mr. Anthony. Again, this is a public hearing. Is there anyone present that would like to speak to this item? Is there anyone online that would like to speak to this item? there's no one to speak to this item thank you madam public hearing is closed so move the resolution second the move on my second myself seconded by mr roguish all those opposed resolution is approved next mr. chair an item that was deferred from the august 11th uh 2026 meeting and this is a resolution for declaration of surplus property 2510 hartman street in the fairfield district mr anthony thank you once again mr manager honorable members of the board [02:30:13] mr. chair this would declare the vacant lot known as 2510 hartman street in the montezuma circle subdivision of surplus these to the county and authorized to sell the property to the scarlet violet llc uh for 1900 the buyer owns property across the street and the county has no need for this property real property division has processed requests the departments of health public works utilities uh without objection the director of real property recommended approval paper account manager concurs i'll be happy to answer any questions thank you mr anthony uh this is a public hearing is there anyone present that would like to speak to this item is there anyone online [02:30:51] that would like to speak this item there's no one speak to this item um public hearings close um mr anthony i want to defer one more time can i do it one more time mr manager yes sir if that's your will and pleasure i'd like to defer this item till october 13th that's my motion second Moved by myself, seconded by Ms. Roggenau, then deferred. [02:31:15] Next, Mr. Chair, 194-26 is an ordinance that amends and reordains certain sections of the county code to update maximum discharge limits, establish requirements for PFAS discharge monitoring, and conform to federal regulations. [02:31:35] Again, this item was deferred from the August 25, 2026 meeting. Mr. Chan, that deferral was due to allow DEQ to go through a process? Yes, sir, and we've gone through that process. No comments and an approval from DEQ. [02:31:52] Thank you, Mr. Chan. Members of the board, any questions so far? All right, this is a public hearing. Is there anybody present that would like to speak to this item? Is there anyone online that would like to speak to this item? There's no one to speak to this item. [02:32:09] Thank you so much. That being said, the public hearing is now closed. Is there a motion? Moved by Ms. Roundtree. Second. Seconded by Reverend Nelson. All in favor say aye. Opposed, ayes have it. The ordinance is approved. Next, Mr. Chair. You would move into public comments. We do have several individuals that have signed up to speak. [02:32:32] I'm going to ask Ms. Mary Morrissey. Ms. Morrissey, are you here? Yes, ma'am, if you would. And for those of you that have not spoken in the past, the board does ask that you begin your comments by stating your name and address for the record and that you limit those to a five-minute time period. Ms. Morrissey, welcome back. [02:32:49] thank you for remembering me um i'm a little tired but i'm really early to go to school this is my 37th year of being a teacher for enrico county um very proud to be a teacher last time i was here i spoke about my father oh first of all mary morcy at 1701 urban drive i live in the tucco district but work in the three chop district at short pump middle school um wait and see it one of lennox's favorite teachers lenny's favorite teacher or um yeah um [02:33:21] My next favorite teacher. Last time I was here, I spoke about my father, and when I was in high school, overhearing my parents when I wasn't supposed to talk about my dad getting a possibility to move out of Henrico County to another state to relocate, and my parents talked about how they could not move from Henrico County because of the schools, the government, and a wonderful place to live. [02:33:47] I'm going to bring back to my father again tonight, because when I was young, he taught me about Murphy's Law. Murphy's Law is when something expects something to happen, because it can. I feel like I'm here tonight to talk about the HVA systems in Enrico County Schools. [02:34:06] And I know this might not be the first place to talk about it, maybe the school board. But I assure you, teachers have talked about it to school board members. I'm on the TAC committee. I've talked about it at the TAC committee last year when our school system started with HVAC problems, and we continue to have it today. [02:34:29] My concern is when issues happen within our school system, we don't plan for those issues to happen. We just wait for them to happen. We pray that they don't. We keep our fingers crossed, hoping that they don't. Our buildings are different. [02:34:46] They're older. Short Pump is now 35, 36 years old. it looks brand new, but it's not. If Dr. Bosher was here, he would tell you that the HVA system at Shorepump Middle School was never, never at full capacity. It was never the correct size for the building. So we feel like as teachers that we're always putting in band-aids. We're never really planning for what could occur. My dad taught me to be prepared. Have that, you know, jumper cable in your car. Have those things ready. When we sit on the TAC committee and we hear from [02:35:26] leaders in the county that have to do with HVAC and we ask questions, we never get an answer. We get the reasons why things can't be fixed quickly, things can't be addressed. I understand those reasons, but I don't get to hear the plan. [02:35:42] I don't get to hear the, this is what we hear from you, this is what we know is happening, and this is how we're going to address it in the future. I feel like that's what's missing. And I feel like the board and the school board need some type of way to come together to cover the over 70 buildings with all the different problems that they have. [02:36:06] And that's missing, I'm the classroom that was on the news last week that was 92 degrees. That is an impossible way to work with children. I'm freezing in this room. I had to put on my jacket. Teaching in a 92 degree classroom all day long is miserable. [02:36:25] You can't feel better. There's no place to go. You can't get cooler. How can we bring something together That involves a little bit more expertise on the HVAC level, mechanical, electrical, plumbing engineers, people that can apply current ASHRAE standards. [02:36:46] I feel like there's something that's missing, and that's the expertise that understands the systems, and it's not just the technicians that are told this is what we do because this is the step one to do it. How can we bring something together to form a coalition between the two groups, the school board side and your side, to bring something together, to bring these facilities at a more efficient way when problems do occur and stop waiting for them to occur? [02:37:19] I feel like at home, if I don't take care of my car and have that maintenance, if I don't take care of my body and see my doctor once a year, something's going to happen. I feel like we wait for it to happen and then we panic. that's why i'm here tonight i didn't ask any teachers to come support me i said mary morcy is going to come she's going to speak up because she's not afraid because some people are and i just wish that we could hear more about it in a way that was um giving us solutions instead of waiting for the band-aid to come thank you for your time thank you so much mrs morcy we definitely [02:37:58] hear your concerns we empathize for those working conditions i think um your voice is being heard so thank you. Members of the board, Mr. Manager, and your leadership team, I did not come here today to speak to supervisors or deputy county managers or any government department heads. Today I came [02:38:34] to speak to men. I'm going to reiterate a message I shared at a recent school board meeting. On the morning of Thursday, September 17th, campus of Virginia Randolph is hosting 100 Men Day. The mission is to engage the male students in meaningful connections and conversations with men who can listen to these young men's wishes, hopes, and needs as they may be willing to share. [02:39:00] Your participation feedback will tremendously help our efforts to identify and recruit resources that will help meet the needs of Virginia Randolph students. We're excited. St. Peter Baptist Church, Jesse Casey's home church, when he served the Virginia Randolph principal, is once again on board. We also feel blessed to have the support of another AVR principal, Dr. Bill Parker, who organizes the annual College and Career Workforce Fair hosted at St. Paul Baptist Church. Our goals include helping these young men receive meaningful voices in their lives [02:39:35] that can provide guidance, opinions, and feedback toward academic and workforce development opportunities. To men of faith, though I became free, I belong to no man. I make myself a slave to everyone, to win as many as possible. To the Jews, I became like a Jew to win the Jews. Those under the law, I became like one under the law, though I myself am not under the law, so as to win those under the law. To those not having the law, I became like one not having the law, though I am [02:40:11] not free from God's law, but I am under Christ's law, so as to win those not having the law. To the weak, I became weak to win the weak. I have become all things to all men, so that by all possible means I may save some. 1 Corinthians 9, 19-22. To men of faith, please help us make sure Allah, Elohim, Yahweh, and the Holy Trinity are in the room. The exact modern word mentorship does not appear in scripture. The Bible heavily endorses the concept through discipleship, wisdom sharing, [02:40:52] and generational teaching. God designed spiritual growth to happen in community where mature believers guide, train, and set godly examples for younger ones. Older believers are called to invest in the next generation so spiritual truth continues. The Quran also does not use the word mentorship, but it strongly endorses the concept through the pursuit of beneficial knowledge, humility, and learning, and seeking guidance from those with greater wisdom. Any man willing to donate at least 90 minutes of his time to help us build bridges in these young men's lives, [02:41:30] please go to the campus of virginia randolph website and register please help us build this mission to support one of our greatest historical legacies something that would make virginia randolph herself proud thank you in advance for this consideration thank you so much mr beasley um when i was on school board i participated in that and i'm going to participate on the board of supervisors and i wanted to say real quick when you talk about mentorship two of my mentors are here. So my driver's ed teacher, Harry Sharper, is here. I'm a Sharper driver. That's Mr. Sharper. [02:42:08] And my Little League basketball coach is here, Mr. Angelo Cuffey, used to be the principal at Radcliffe Elementary School. So I am a product of mentorship of great men who had sons themselves but poured into people like me. So definitely want to support that. Mr. Chair and members of the board of supervisors my name is philip jordan i go to saint peter baptist church 2040 mountain road i'm a north shetsville resident 1453 avondale woods drive we don't take chester addresses here you can just keep that to yourself okay all right scratch that from the record [02:42:47] but uh i represent the men's fellowship ministry there at saint peter baptist church as well as other churches, because we have a Bible study every first Saturday that not only invites men from St. Peter, but men from other churches. [02:43:05] And we feel this is a great endeavor to get re-involved in, to go to Virginia Randolph, not only be mentors, but be examples of these young men. Our Men's Fellowship would like to reach out to these young men, as well as involve them in the community activities and events. [02:43:22] we strongly urge that the committee support all of this because these young men are going to be part of what we bring in terms of our legacy. I happen to be 70 years old. I may not look it. I may look older. I may look younger. I don't know. But part of what I'd like to do is to make sure that our men of faith are involved in this project. And I think you're well aware, the little history I know about Virginia Estelle Randolph. [02:43:49] She actually started Sunday afternoon school services there at Virginia Randolph. So that's a very powerful message to me as well as others. So I thank you for this opportunity, and hopefully that you'll support our endeavor. Thank you, sir. Good evening, board. [02:44:11] I'm Reverend Remy Chu, Jr. I am a member of Six Mount Zion Baptist Church. I grew up in Richmond, Virginia. And the reason I'm staying here now is because I had great mentors. [02:44:29] I had men in my community that looked out for the young men who guided us, who showed us the right way. If we're going to change things in this city, we're going to have to have a lot of mentors, men that do not mind stepping out and talking to these young brothers and trying to guide them the right way. [02:44:59] Six Mile Zion Men's Church School is going to be there, and we're going to bring positive energy to that room so that young men can see black men standing there who really want to guide them in the right way. [02:45:23] So thank you for listening, and thank you for having me. Thank you so much, sir. We appreciate that. Ms. Menger? Someone else, I believe, online. Is there anyone online that wishes to address the board? Yes, sir. [02:45:40] I have two individuals online to speak. Before those two come out, I see a hand, another gentleman inside. Yes, sir. Please. While he was coming up, Mr. Chair, You said two of your mentors was here, actually, and I didn't even know it, but I've got three members here tonight. [02:45:57] So I just want to let you know that Beasley didn't claim us, but he is a member of Six Mount Zion Baptist Church. You might want to check his status. And Reverend Chu and his beautiful wife, Lorraine, are here. [02:46:14] So thank you guys for coming out tonight. So you see now that I have another job. So don't tell nobody else. Yes, sir. Just tell us your name and you may begin. Yeah, my name is Greg Contos. I live in the Hillandale neighborhood intersection of Paramount-Patterson, just the southwest side of that. [02:46:33] And I am here on behalf of myself and the Tuckahoe Area Safe Streets Advocacy Group to ask Henrico County to petition VDOT to look at lowering the speed limit on Paramount-Patterson from September Road in the south to Lawndale Drive in the north. [02:46:55] and from Bridell Road in the west to Mayberry. There's three kind of large reasons why I think it would be good or necessary. One is limited sight lines. Like if you could go down Parham Road, and this is why I got involved, from my road turning right onto Parham, there isn't enough distance to see oncoming traffic or for oncoming traffic to see your car, given 45 miles an hour. [02:47:26] And I looked up some of the highway regulations and suggestions, and it falls short in poor weather conditions. So if you're looking at wet conditions, it's too short for standards. And there's also hills up north of Walmart, and September Drive is even shorter. [02:47:47] You can't see anything. There's a light there, but don't pay attention to the light. You can't see anybody. And then there's another big reason is just the density there. So if you look at the number of ingresses to the road, counting them up, I pull them up on Google Maps, they go over that same American Association of Highway Visuals, number of egresses to the road, they enter into an urban arterial pattern. [02:48:22] So they recommend a speed limit of 35 miles per hour in that zone. And the third reason is just pedestrian traffic. So you look at Parham Road between Eastridge and Cuyacuson, and there's kids going from the high school there across Parham. [02:48:39] It's a 45-mile-an-hour road. They have four lanes to cross on foot or on bike. There's kids at Mayberry who are crossing the same four lanes across 45-mile-an-hour traffic. And on Patterson, you also see a lot of people going from the apartment buildings to the shopping. [02:49:00] there's a lot of people with like baby carriages and stuff crossing the road across 45 mile an hour roads um those are my reasons and i think even though it's just a speed limit and people say well nobody's going to follow the speed limit i think there's a lot of people who are just looking at google maps on their phone it says 45 they go 45 i think by lowering it you're going to calm traffic in that area thank you for your consideration thank you for your time i know it's a late night i'm sure mr rosen will say this mr chair i think i did receive an email either today or yesterday from you and i'm sure that mr hughes and i will be getting back with you this week so stay tuned [02:49:40] thank you thank you thank you for that um yep yes sir come on good evening my name is patrick oxnam 2105 maplewood road i proudly called lakeside home since 2004 over the past few months i began talking with other residents who were active in lakeside and care deeply about this community what started as a few conversations has grown into a shared commitment to do something [02:50:16] constructed for lakeside lakeside has more than a century of history and character entirely on its own it is still a place where neighbors speak to neighbors local businesses feel personal and people care about deeply about what happens here this is something worth preserving but it also is something that cannot be taken for granted this is why we formed the lakeside community council to create a consistent place for residents from across lakeside to come together with work or and to work with local businesses identify share priorities and turn those conversations into constructive path forward our purpose is to make it easier for lakeside [02:50:56] to have that conversation and help carry it forward i'm introducing the council tonight because the work must include henrico county there are important plans already shaping lakeside including the fall line trail and more decisions will follow we want to build that relationship early while there's still time to talk listen and work together where important decisions remain open we hope there will be room for conversation before they are finalized as we organize larger community meetings we will be reaching out to supervisor cooper the board and county staff we look forward to working together in the months ahead we want lakeside to continue growing in ways [02:51:35] to meet our community's needs while remaining community rooted business supported and uniquely lakeside we are the lakeside community council and we are ready to do the work thank you thank you so much would you please like to speak as well as you're staying in support of him so do you have Have your contact information and everything? [02:51:53] All right. Give it to me. All right. Give it to the deputy. We had dinner on Lakeside today, or from Lakeside today, right? We did. Yes, ma'am. Well, and I would just say I'm Lori Valenti. I'm at 2704 Maple Woods on the other end. [02:52:10] And, you know, I've worked with you all in the past with Reverend Thornton. I think he's Mr. I'm Reverend. He's Mr. now. Mr. Thornton, don't make him a preacher tonight. Don't do that. I just know him as that. [02:52:26] So anyway, we're glad to be here. We want to work with you all, and we're hoping to meet the needs of all the people and businesses in our community. Well, I'm excited that you all have organized, and I'm looking forward to working with you all. Yes, sir. All right, I know the hour's late. [02:52:42] Anyone else present that would like to speak before the board tonight? Is there anyone else online that would like to speak to the board? We have two individuals online to speak, sir. All right. All right, first is Ms. Sarah Ramsey. You can unmute yourself. I filed my brief in response to the county's demure today and submitted a copy for tonight's meeting minutes. [02:53:06] I find it appalling that you all are willing to spend tax money to keep a recycled hazardous waste byproduct in the drinking water. Moreover, Henrico claims that they have no constitutional obligation to provide pure water as defined by Virginia law, so their conduct cannot violate the Fourth Amendment. [02:53:27] When taken into this logical conclusion, it would insulate plainly egregious conduct from constitutional scrutiny. It would permit a police officer to conduct a welfare check, sexually assault the homeowner, and then evade liability by asserting, I had no constitutional duty to conduct the welfare check in the first place. [02:53:48] Likewise, it would allow a teacher to molest a student and avoid a bodily integrity claim by arguing, I had no constitutional obligation to be a teacher these are not abstract hypotheticals our court has faced both scenarios and found constitutional violations plaintiff I let I allege that the county through its own affirmative conduct knowingly introduced contaminated water into residents homes misrepresented its safety and thereby deprive them of their bodily integrity The Due Process Clause squarely prohibits such conduct. [02:54:29] The well-pleaded facts in my complaint allow us to draw a reasonable inference that Henrico has been deliberately indifferent. These allegations are conscious shocking. For years, Henrico, based on the advice, expertise, and decision-making of public officials, knowingly contaminated otherwise cleaned water with fluoride, pumped the toxic water to its residents, taps, and told them it was safe to drink. [02:55:01] This is not a case where the government had to make a split-second response to an unforeseen event. Instead, this crisis in eastern Henrico was a predictable harm set into motion by alleged decisions that took place over a series of days, weeks, months, and years. [02:55:23] I conclude that a county may not introduce toxins into the water, pump the water to people's homes, and lie about the water's safety. My analysis further relies on the specific facts at issue. The county's actions occurred over a significant amount of time, and by the time the county shared information about the water safety, they knew it to be false. [02:55:51] In brief, people generally trust that their tap water is safe until told otherwise. The county introduced toxins into the tap water and pumped it to people's homes. People drank, cooked, and bathed in that water. The county and its officials then lied about the safety of the water, deceiving residents into consuming the contaminated water. [02:56:14] Based on this alleged conduct, I conclude that there is a plausible claim that Henrico violated folks' rights to bodily integrity. In light of the Supreme Court's vast bodily integrity jurisprudence, the Sixth Circuit held that taking affirmative steps to systematically contaminate a community through its public water supply with deliberate indifference is a government invasion of bodily integrity of the highest magnitude. [02:56:49] Any reasonable official should have known that doing so constitutes conscious shocking conduct prohibited by the substantive due process clause. [02:57:05] And I will finish with this. Mr. Rogish mentioned earlier that you follow Virginia follows the Dillon rule. I think by now you guys have recognized there is no state law that legally authorizes you guys to intentionally purchase a recycled hazardous waste byproduct from Universe Solutions who gets it from Nutrien and intentionally contaminate our public drinking water. [02:57:33] The Waterworks Regulations defines hydrofluorosilicic acid as a type of pollution. I think this is a problem, and I find it to be egregious that you are now spending tax money on three attorneys to fight this to keep contaminating the water. [02:57:52] Just this week, two localities got off the fluoride bandwagon. When are you guys going to get with the program? Thank you so much for your comments. Is there anyone else in line? Yes, sir. Katie Albright. [02:58:15] Hello, I'm back again. this time to talk more so directly about flock and its direct impacts on you know um communities like henrico county um recently hold on sorry my dog is annoying me right now he's really in my face [02:58:39] uh okay sorry i'm back um so it has been it is sorry it is documented that flock has and continues to pose threats to the citizens of america and including henrico county through multiple means one being the ai um repeatedly misreading license plates resulting in innocent people being held [02:59:18] sometimes at gunpoint under the assumption that they are committing a crime which they have not committed. It has also been used many times to stalk romantic interests by police officers. I'm not saying that that has happened in Henrico County, but that is something that has been documented to happen before. And no matter how many restrictions you put on it, there will always be a way to get around those restrictions, whether you frame a romantic interest as a suspect in a [02:59:52] crime or if you just frame it as investigation for a different crime there will always be a way to misuse that information um and i feel like my problem and a problem i feel is shared among a lot of people is not necessarily even just that not necessarily just the fact that this database is where every car in america has been in the past month is so accessible but really the fact that it exists at all um I'd rather not you know I go to martial arts world Henrico on south [03:00:32] of Burnham and Williamsburg and right outside the parking lot there is a flock camera pointed such that in order to get into the parking lot of the shopping center this uh this dojo is located in you have to pass the flop camera and get read by it. And so you can use that kind of data to figure out exactly what someone's daily life is pretty easily. If you see that someone's license [03:01:05] plate consistently every week for the past month has gone past this one camera and turned into this one parking lot, you can assume that more than likely they are going to somewhere within that parking lot maybe it's the dojo or maybe it's the nursing class next door but that does that would tell someone with malicious intent what they're doing what someone would be doing at a certain time um these cameras also as i said before they misread license plates um as a resident shared [03:01:43] with concerns relating to the speed cameras uh i'm gonna repeat what they said a texas woman a texas woman's license plate was searched over i believe it was over 4 000 times across four thousands license plates across multiple state or across 4 000 alprs across four thousand uh not four thousand um across multiple states including states where abortion was legal to track this woman who they believed had got an out-of-state abortion um and you know that's that's not okay [03:02:21] in my in my opinion and um another thing is i feel like people attribute this attribute flock to just the corporation flock but it is not just flock that is making these um that's why sometimes i'll say alprs instead of flock cameras flock is just the is just it's a case of a brand name being used as the generic name when people say flock what they're really referring to is every alpr Whether it's made by Axon, Flock, Motorola, whatever company. [03:02:56] And personally, I think that all of those types of cameras should be banned in Henrico County due to the risk, due to the safety risk, breach of privacy, and general ease of misuse of these cameras. [03:03:19] Thank you so much for those comments. We appreciate you. Is there anyone else online? There's no one else to speak on WebEx. thank you madam um public comment period is over mr manager mr chair seeing no other comments you move into your general agenda your only item tonight is agenda item 203-26 which is an introduction of resolution receipt of budget amendments for uh the month of september 2026 mr crawford thank you mr manager good evening mr chair members of the board as the manager noted this is the introduction of uh budget amendments for fiscal year 27 the customary september [03:03:55] amendments i will note that these do include a reappropriation of unencumbered funds those are 7.8 million dollars of the requested 32.5 million dollar total of the nearly 25 million dollars in new amendments 13.6 million dollars is in capital projects bulk of which in two two requests 6.6 million dollars of revenue share funding from the virginia department of transportation for a [03:04:31] roundabout project at route 5 and duran and then 3.2 million dollars for additional apparatus needs for the division of fire and then of the remaining 11.2 million dollars 10.7 million dollars of that is within our special revenue fund the bulk of which is uh federal and state funding that was not anticipated during the budget process so with that as an overview if this resolution is approved it will authorize the advertisement of these amendments and set the public hearing for the board's next meeting on September [03:05:08] 22nd be happy to answer any questions thank you so much mr. Crawford colleagues does anyone have any questions mr. Crawford Justin could you go into detail on each of the 11 pages please second it's been moved by Reverend Nelson interrupted by miss Rountree seconded by mr. roguish I by mr. Schmidt thank you mr. Smith and mr. roguish colleagues other than her all in favor say I just imagine any other I'm business on the middle of the business is adjourned have a great night everybody ---------------------------------------------------------------------- Coraggio Consulting · aguyonx.com