On the agenda: Lynchburg City Council Meeting — license plate reader (Oct 13)

CITY COUNCIL
Tuesday, October 13, 2026 | 7:00 PM
Council Chamber- City Hall
900 Church Street
Lynchburg, VA 24504

AGENDA
I.

Invocation

II.

Recognitions

Councilmember Faraldi

III. Consent Agenda
III.1. Consideration of approving the minutes of the June 23, 2026, City Council
meeting.
III.2. Consideration of approving the minutes of the July 14, 2026, City Council
meeting.
III.3. Consideration of approving the minutes of the August 25, 2026, City Council
meeting.
IV. Public Hearing
IV.4. Consideration of adopting Ordinance #O-26-___ & Ordinance #O-26-___
changing the zoning of a certain area located at 5612 & 5616 Edgewood
Avenue.
IV.5. Consideration of introducing Ordinance #O-26-___ approving the FY 2026
Fourth Quarter and Ordinance #O-26-___ approving the FY 2027 First Quarter
Adjustments.
V. Public Comment
V.6.

Hear from a citizen regarding "the power of words". (Fable Forest)

V.7.

Hear from a citizen regarding "advocacy for human trafficking victims, police
brutality & the Patriot Front". (Jennifer Witt)

V.8.

Hear from a citizen regarding "accountability of CPS Workers/Unlicensed Foster
Care Workers". (Consuela Mosley)

V.9.

Hear from a citizen regarding "the City Council candidate debate". (Jeff Rosner)

V.10. Hear from a group representative regarding "grieving". (Greg Berry) (Lynchburg
Guardians)
VI. General Business
VI.11. Consideration of introducing Resolution #R-26-___ amending the FY 2027
City/Federal/State Aid Fund budget and appropriating $62,377 to provide staffing
to assist with drug testing enhancement, training and client support for the
Lynchburg Adult Recovery Court docket.
VI.12. Consideration of adopting Resolution #R-26-___ endorsing the limited access
control changes for the 501-221 Split Pair project.

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VI.13. Consideration of adopting Resolution #R-26-___ approving the City's 2027
Legislative Agenda.
VII. Closed Session

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June 23, 2026
// A work session of the Council of the City of Lynchburg was held on the 23rd day of June, 2026, at 4:00
p.m. in the 2nd Floor Training Room, City Hall, 900 Church Street, Lynchburg, Virginia, Larry Taylor,
President, presiding. The following Members were present:
Present: Larry Taylor, Curt Diemer, Sterling A. Wilder, Chris Faraldi, Stephanie Reed, Martin
Misjuns, Jacqueline Timmer

7

Absent:

0

// Mayor Taylor welcomed those in attendance. City Manager Wynter C. Benda reviewed the agenda and
requested that Mr. Tim Mitchell, Director of Water Resources, provide a brief update regarding lead and
copper rule compliance.
Mr. Mitchell stated that recent state legislation allows localities to investigate private-side water
service lines. He stated that the City must identify public and private service line materials by October
2027, and that unidentified service lines must be included in a replacement plan. Mr. Mitchell stated that
the City would provide 14 days’ notice before beginning private-side investigations, with notices beginning
the following day and investigations expected to begin July 6, 2026. Mayor Taylor asked whether staff
would need to enter residences. Mr. Mitchell stated that the work would occur outside the residence near
the right-of-way or water meter, would not require entry into homes, and would not require water service
to be shut off.
// In the matter of Planning, Agenda Item #1, Council received a business item briefing regarding 1612
Concord Turnpike - Rezoning - Mixed Use. Ms. Rachel Frischeisen, City Planner, provided the
presentation.
Ms. Frischeisen stated that 1612 Concord Turnpike, LLC petitioned to rezone approximately three
and twenty-nine hundredths (3.29) acres at 1612 Concord Turnpike from I-3, Heavy Industrial District, to
B-4, Urban Commercial District to allow adaptive reuse of existing historic structures for hotel rooms
and/or apartments on the upper level and commercial uses on the ground floor. She stated that the
Future Land Use Map recommends Downtown uses for the property, the existing building was
constructed in 1899, and the property is located within the Lower Basin Historic District and is eligible for
state and federal historic tax credits. Ms. Frischeisen stated that the property is located in the flood zone
and currently within the floodway of the James River, although draft FEMA maps may revise the floodway

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June 23, 2026
boundary. Ms. Frischeisen stated that the item would return for City Council public hearing on July 14,
2026. Mayor Taylor commented that he was glad to see the long-vacant building being considered for
reuse.
// In the matter of Planning, Agenda Item #2, Council received a business item briefing regarding City
Code Section 16.1-18 related to erosion and stormwater management fees. Mr. Tom Martin, Community
Development Director, provided the presentation.
Mr. Martin stated that the proposed fee amendments are state-required fees associated with the
City’s municipal separate storm sewer system permit responsibilities. He explained that the City reviews
plans, issues permits, collects the fees, retains 70 percent, and remits 30 percent to the state. Mr. Martin
stated that the fee changes become effective July 1, 2026. He also stated that the City’s in-house review
process generally takes approximately 15 days to one month, while review through DEQ can take
substantially longer.
Vice Mayor Diemer asked whether staff had heard any opposition to the fee increase. Mr. Martin
stated that he had not heard opposition and believed engineers were aware of the changes, although
developers may not yet be aware.
Councilmember Misjuns asked whether the increases were state mandated and whether they
become effective July 1. Mr. Martin confirmed that they were state mandated and effective July 1.
Councilmember Misjuns asked what the City could do to offset the cost of the state-required fees, stating
that higher development costs are eventually passed on to homeowners, tenants, or property owners. Mr.
Martin stated that the City could review local permit fees, but noted that in-house review saves
developers time. Councilmember Misjuns stated that he wanted to identify ways to make development
more affordable in Lynchburg and more attractive than other localities.
Councilmember Timmer asked whether the projected fees could create an opportunity for a
position or process improvement to expedite building and development review. Mr. Martin stated that staff
would first need to evaluate how much fee revenue is actually received. He explained that his office
reviews plans and collects the fees, the funds are transmitted to Water Resources, and some funding
supports Community Development staff costs associated with the program.

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June 23, 2026
// In the matter of Planning, Agenda Item #3, Council received a business item briefing regarding a Zoning
Ordinance amendment related to data centers. Ms. Frischeisen provided the presentation.
Ms. Frischeisen stated that the proposed ordinance amendment would define data centers,
remove them as by-right uses in business districts, and allow them by conditional use permit in I-1,
Restricted Industrial District, I-2, Light Industrial District, I-3, Heavy Industrial District, and IN-2,
Institutional District 2. She stated that the Planning Commission recommended a 1,000-foot buffer from
residential and resource conservation districts. She said the proposed standards would require
information regarding sound, nearby residential units and schools, substations, transmission lines, water
usage, cooling type, wastewater impacts, screening, generator testing, noise monitoring, and maximum
height. Ms. Frischeisen stated that the item would return for City Council public hearing on July 14, 2026.
Councilmember Misjuns asked whether the proposed definition could unintentionally include
telecommunications facilities, including the former C&P telephone building at 700 Church Street. Ms.
Frischeisen stated that staff would compare the proposed definition with the existing telecommunications
definition to ensure the amendment does not include unintended uses.
Vice Mayor Diemer said he was not opposed to technology, but did not believe the type of data
centers seen in Northern Virginia fit Lynchburg’s model or character, and thanked staff and the Planning
Commission for addressing the issue proactively.
Councilmember Faraldi stated that the issue has received significant attention across the
Commonwealth and said he appreciated that staff considered impacts such as noise, height, and water
usage.
// In the matter of Community Development, Agenda Item #4, Council received an update regarding the
Derelict Buildings Dashboard. Director of Community Development Mr. Tom Martin and Mr. Shaun
Conway, Senior Data Analyst, provided the presentation.
Mr. Martin stated that the Derelict Buildings Ordinance was adopted in 2022 and that staff began
enforcing it in earnest in 2024. He explained that to be declared derelict, a building must be one that may
endanger public health, safety, or welfare and must have been vacant, boarded up, and not lawfully
connected to electric, water, and/or sewer service for 12 months. Mr. Martin said the owner has 90 days
to submit a reasonable plan to demolish or rehabilitate the building, and failure to submit a plan results in

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June 23, 2026
a $500 monthly penalty. Mr. Martin stated that the goal is rehabilitation where possible, not demolition,
and that the program often encourages properties to be transferred to owners who will take action. Mr.
Martin stated that the City previously had more than 300 condemned structures and now has
approximately 261, while acknowledging that the number will fluctuate. He stated that since enforcement
began, there have been 106 derelict cases, including 73 active residential cases, 25 closed residential
cases, and 8 active commercial cases. Mr. Martin stated that properties in the program have shown
approximately $2.6 million in increased assessed value, approximately $2.8 million in property sales
value, approximately $1.5 million in building permits, and approximately $483,778 billed in demolition cost
recovery and civil penalties, with approximately $61,244 paid to date.
Mr. Conway reviewed the dashboard’s program overview, case details, outcome summary, billing
summary, featured cases, and full property list. He stated that the dashboard includes data from the
Assessor’s Office, Billings and Collections, GIS, and Community Development. He stated that users can
filter by Ward, search by address, review active and closed cases, access individual property information,
and view links to the parcel viewer and eTRAKiT. Mr. Conway stated that the dashboard includes
examples of privately demolished properties, redevelopment, and renovation, and said staff was working
to make the full property list downloadable.
Councilmember Misjuns asked about 1111 16th Street, the amount billed, and what the City was
doing to collect demolition-related costs. Mr. Martin stated that Billings and Collections handles collection
and that recovery can take years. City Attorney Matthew Freedman stated that applicable costs can
constitute a lien on the property and may be collected when the property is sold. Councilmember Misjuns
asked whether City-funded demolition could create a barrier to future purchase because the cost of the
lien may exceed the assessed value. Mr. Martin stated that the program is improving neighborhoods and
surrounding property values and is intended to address properties that have negatively affected
neighborhoods for years. Mr. Freedman stated that there may be opportunities to negotiate liens as part
of getting a property back into productive use.
Councilmember Reed stated that some properties need the right purchaser and that the
dashboard will help track whether the City is investing taxpayer funds wisely. She stated that the derelict

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process is not the City taking property from owners but is used after properties have remained unresolved
for a long time.
Councilmember Wilder stated that the program helps make the community safer, beautifies the
City, and gives staff another tool to address properties that negatively affect neighborhoods.
Councilmember Timmer asked how properties are prioritized for enforcement. Mr. Martin stated
that staff generally prioritizes by length of condemnation, condition, and geographic area, and that firedamaged properties may move directly to demolition if necessary for public safety. Councilmember
Timmer asked about assistance with wills and legal clarity for property owners and whether CDBG funds
could be used. Mr. Martin stated that incentives and legal framework assistance are part of longer-term
property maintenance discussions. Assistant City Manager Kent White stated that CDBG funds may not
be an efficient tool for demolition or related work because of additional restrictions.
Councilmember Faraldi commended the dashboard and asked staff to consider adding average
and median percentage and dollar increases in property values over time.
Vice Mayor Diemer asked staff to add a legend and consider icons or visual markers for highvalue success stories and properties that have cost the City significant funds, particularly to help
developers quickly identify opportunities. Councilmember Misjuns asked about the estimated annual real
estate tax revenue increase from the Concord Turnpike featured case. Deputy City Manager Greg Patrick
estimated the increase at approximately $8,200 per year.
Councilmember Wilder asked about a possible loan fund to help people rehabilitate properties.
Mr. Martin stated that staff expects to review that concept during the next fiscal year. Mr. Martin thanked
Council for adopting the ordinances and funding the tools needed for the program.
// In the matter of Roll Call, Councilmember Faraldi commented on speaking at Boys State and noted the
success of the Batteau Festival.
Councilmember Reed congratulated the E.C. Glass Boys’ Lacrosse team on winning the Class 4
state championship and thanked Water Resources for notifying her workplace of unusual water usage
that helped identify a leak.
Councilmember Wilder thanked those who participated in Juneteenth events and commented on
a soccer tournament at the amphitheater.

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June 23, 2026
Councilmember Timmer wished the community a happy Juneteenth and Father’s Day, thanked
staff for connecting her with VDOT regarding the Route 221 corridor, and said she would follow up with
questions regarding the Lynchburg side of the corridor and the data center presentation.
Councilmember Misjuns requested that City Attorney Freedman provide Council with a synopsis
of major legislative changes effective July 1, particularly items affecting local finance, taxation, zoning,
and local authority.
Vice Mayor Diemer recognized Fleet Services for national recognition and thanked the Police
Department for progress related to reported reductions in violent crime.
Mayor Taylor asked staff to look at the deteriorating Stewart Heights entrance marker and
commented on a recent shooting victim, public safety, and illegal guns.
// On motion of Councilmember Misjuns, seconded by Councilmember Wilder, Council, by the following
recorded vote, elected to hold a closed meeting to discuss pursuing a condemnation proceeding to
acquire small interests of a single property on Florida Avenue to successfully complete the Florida
Avenue Pedestrian Improvements Project pursuant to Section 2.2-3711(A)(7) of the Code of Virginia,
1950, as amended.
With no discussion from Council, the following vote was recorded:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// The meeting was reopened to the public.
// Councilmember Faraldi made the following motion:
WHEREAS, the Council of the City of Lynchburg has convened a closed meeting on this date,
pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of
Information Act; and
WHEREAS, Section 2.2 3712 of the Code of Virginia requires a certification by City Council that
such closed meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Lynchburg certifies that, to
the best of each member's knowledge, (i) only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed in the closed meeting to which this certification

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resolution applies, and (ii) only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by Council.
The motion was seconded by Councilmember Timmer, and Council, by the following recorded
vote, adopted the motion:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// The meeting recessed at 5:38 p.m.
// A regular meeting of the Council of the City of Lynchburg was held on the 23rd day of June, 2026, at
7:00 p.m. in the Council Chamber, City Hall, 900 Church Street, Lynchburg, Virginia, Larry Taylor,
President, presiding. The following Members were present:
Present: Larry Taylor, Curt Diemer, Sterling A. Wilder, Chris Faraldi, Stephanie Reed, Martin
Misjuns, Jacqueline Timmer

7

Absent:

0

// Councilmember Misjuns gave the invocation, followed by the Pledge of Allegiance.
// In the matter of Recognitions, Agenda Item #1, Council recognized Responsible Fathers Month. Alicia
Finney-Andrews, Clerk of Council, read the recognition into the record. Mayor Taylor spoke regarding the
importance of fathers and father figures and invited fathers in attendance to come forward for a
photograph.
// Clerk of Council Ms. Alicia Finney-Andrews announced that Vice Mayor Diemer had requested to pull
Agenda Item #11, Series 2026 Bond Disclosure Resolution.
// In the matter of the Consent Agenda Item #2, copies of the minutes of the March 26, 2026 special
called meeting have been previously furnished to Council, and on motion of Councilmember Misjuns,
seconded by Councilmember Wilder, Council by the following recorded vote approved the minutes as
presented:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of the Consent Agenda Item #3, copies of the minutes of the April 3, 2026 special called
meeting have been previously furnished to Council. Councilmember Timmer noted that she had been

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June 23, 2026
absent from the April 3, 2026 special called meeting but had reviewed the minutes. On motion of
Councilmember Misjuns, seconded by Councilmember Wilder, Council by the following recorded vote
approved the minutes as presented:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of the Consent Agenda, Agenda Item #4, Council adopted Resolution #R-26-059
amending the FY 2026 General, Water, Sewer, and Stormwater Funds’ Operating Budgets to provide
appropriations totaling $350,000 for costs associated with the issuance of $90,500,000 in bond
anticipation notes. On motion of Councilmember Misjuns, seconded by Councilmember Wilder, Council
by the following recorded vote approved the adoption:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of Water Resources, Agenda Item #5, Council held a public hearing regarding Ordinance
#O-26-067 to vacate and discontinue a public sanitary sewer easement held by the City and located at
1280 Enterprise Drive. Mr. Mitchell provided the staff report.
Mr. Mitchell stated that the easement was included in a 1999 subdivision plat in anticipation that
the parcel would be further divided and would require public sewer. He said no public sewer line was
constructed in the easement and that the easement will not be used under the current development
plans.
No one spoke in favor or opposition, and no voicemails were received. The public hearing was
closed.
Councilmember Timmer motioned, seconded by Vice Mayor Diemer to adopt Ordinance #O-26067 and the following vote of Council was recorded:
Ayes:

Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

Noes:

7
0

// In the matter of Water Resources, Agenda Item #6, Council held a public hearing regarding Resolution
#R-26-068 approving a Lease Agreement between the City and Cellco Partnership d/b/a Verizon

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June 23, 2026
Wireless at the Abert Water Filtration Plant in Bedford County, Virginia. Mr. Mitchell provided the staff
report.
Mr. Mitchell stated that the lease would allow Verizon Wireless to install a monopole tower and
associated equipment on approximately five thousand six hundred twenty-five (5,625) square feet of City
property. He stated that the lease would generate $11,400 in annual revenue to the Water Fund and
would improve communications reliability for the Abert Water Treatment Plant and raw water pump
station.
No one spoke in favor or opposition, and no voicemails were received. The public hearing was
closed.
Vice Mayor Diemer motioned, seconded by Councilmember Timmer to adopt Resolution #R-26068 and the following vote of Council was recorded:
Ayes:

Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of Water Resources, Agenda Item #7, Council held a public hearing regarding Ordinance
#O-26-069 to amend and appropriate $36,383,600 to the Water Capital Projects Fund and $1,300,000 to
the Stormwater Capital Projects Fund to address capital needs. Mr. Mitchell provided the staff report.
// Mr. Mitchell stated that the request followed Council’s approval of Water and Stormwater rate increases
and would restore Water and Stormwater capital projects that had been deferred from the adopted FY
2027 Capital Improvement Program. He said the Water Capital Projects Fund appropriation included
supplemental general obligation public improvement bonds and Virginia Resources Authority funding,
including a Virginia Department of Health funding package for lead service line investigation and
replacement. Mr. Mitchell stated that the Stormwater Capital Projects Fund appropriation would restore
stormwater projects that had been deferred.
No one spoke in favor or opposition, and no voicemails were received. The public hearing was
closed.
Councilmember Wilder stated that the funding supports the cost of maintaining the City’s water
services and infrastructure, including older water systems.
Vice Mayor Diemer commented on the importance of keeping water and sewer service operating.

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Councilmember Timmer motioned, seconded by Councilmember Wilder, to approve the first
reading of Ordinance #O-26-069 and the following vote of Council was recorded:
Ayes:

Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of Public Comment, Agenda Item #8, group representative, Melanie Traber of Trading
Post by Traber Ranch, who signed up to speak regarding cameras was not present.
// In the matter of Fire Department, Agenda Item #9, Council considered introducing Ordinance #O-26070 to amend the FY 2027 General Fund budget and appropriate $310,800 to fund a detailed staffing
assessment, a full-time civilian human resources leadership position, and a full-time sworn position to
coordinate department-wide training in the Fire Department. Ms. Donna Witt, Chief Financial Officer,
provided the staff report.
Ms. Witt stated that the item came from the Fire Department assessment and addressed three
recommendations: a detailed staffing assessment, a full-time civilian human resources leadership
position, and a full-time sworn position to coordinate department-wide training. She stated that Finance
Committee recommended revising the ordinance language to appropriate up to $310,800 from the FY
2027 General Fund Reserve for Contingencies because the full amount may not be needed depending on
when the positions are filled.
Councilmember Reed stated that the item responds to concerns identified in the assessment,
including stress on EMTs, overtime, consistency in discipline, and the need for additional training
coordination.
At its June 23, 2026, meeting, the Finance Committee recommended approval. As Chair of that
committee, Councilmember Reed brought the committee’s recommendation for approval forward as a
motion. No second was required.
Councilmember Misjuns made a motion to amend, to amend the ordinance language to require
that the detailed staffing assessment include an assessment of the department’s compliance with NFPA
1750, the Standard on Organization and Deployment of Fire Suppression Operations, Emergency
Medical Services, Special Operations, and Fire Prevention Activities. Vice Mayor Diemer seconded the
motion.

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Councilmember Misjuns stated that a national standard would give Council a way to measure
staffing and deployment recommendations. City Attorney Matthew Freedman suggested that Council
could approve the item as presented and allow staff to review the proposed language before the second
reading. Deputy City Manager Greg Patrick stated that the consultant recommended a shift study, not a
broader staffing study, and cautioned that expanding the scope could increase the cost.
Councilmember Faraldi stated that he was not opposed to considering the proposed language but
wanted time to review the organization and the proposed standard before tying the City to it.
Councilmember Timmer stated that she supported the main item and the amendment because
the assessment identified concerns about inconsistency and the external standard could provide a
measurable reference point.
Vice Mayor Diemer stated that he was familiar with NFPA as a standards organization and
supported the amendment because it did not mandate compliance but allowed the standard to be
considered.
Councilmember Wilder stated that the Finance Committee discussed the original item and that
the new Fire Chief would need time to assess additional needs.
Councilmember Reed stated that she preferred to move forward with the original language and
allow staff and the Fire Department to review the proposal before the second reading.
Councilmember Faraldi requested that Councilmember Misjuns’ proposed language be brought
back as an additional or supplemental item for consideration at the next meeting.
The motion to amend Ordinance #O-26-070 to include the NFPA 1750 language failed by the
following recorded vote:
Ayes:

Misjuns, Timmer, Diemer

3

Noes: Faraldi, Reed, Wilder, Taylor

4

Councilmember Reed brought the Finance Committee’s recommendation for approval forward as
a motion, no second was needed, and Council by the following recorded vote approved Ordinance #O26-070:
Ayes:

Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

Noes:

7
0

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// In the matter of School Board Appointments, Agenda Item #10, Council considered appointing School
Board members for terms beginning July 1, 2026, in School Board Districts I, II, and III. Clerk of Council
Alicia Finney-Andrews noted that Council had held interviews with candidates on June 11 and June 12,
2026.
For District I, Councilmember Wilder moved to appoint Brittany Smith, seconded by
Councilmember Reed. Councilmember Wilder stated that School Board members should be active
participants in the school community before appointment.
Councilmember Timmer made a substitute motion, seconded by Vice Mayor Diemer, to appoint
Jack Schewel and stated that Mr. Schewel had presented specific policy proposals, including focus on
academics, literacy, and clear discipline.
Vice Mayor Diemer stated that Mr. Schewel had focused on chronic absenteeism and the
importance of students being in class.
Councilmember Misjuns disclosed that his wife is a teacher with Lynchburg City Schools and
stated that he could participate because the matter affects a group of three or more persons.
Mayor Taylor stated that Mr. Schewel had researched educational improvement efforts in
Mississippi and that he supported Mr. Schewel.
The following vote was recorded on the substitute motion:
Ayes:

Taylor, Diemer, Reed, Faraldi, Misjuns, Timmer

Noes: Wilder

6
1

Without further discussion, the following vote was recorded to appoint Jack Schewel to School
Board District I:
Ayes:

Taylor, Diemer, Reed, Faraldi, Misjuns, Timmer

Noes: Wilder

6
1

For District II, Councilmember Misjuns moved to reappoint Letitia Lowery, seconded by Vice
Mayor Diemer.
Councilmember Misjuns stated that he appreciated Ms. Lowery’s service during her previous
three years on the School Board, her experience in elementary education, and the voice she brings to the
Board. He also noted her continued work tutoring children and remaining involved in education.

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June 23, 2026
Vice Mayor Diemer stated that the appointment was a difficult decision, but that he supported Ms.
Lowery because she had advocated for all Lynchburg City Schools’ students, including students receiving
special education services. He stated that leadership includes bringing others along and gaining support
on the Board to set direction and accomplish goals.
Councilmember Timmer stated that she enjoyed getting to know Ms. Lowery through joint
meetings and was impressed with her interview, including the specifics she provided about what had
worked, what she wanted to build on, and what she believed needed to be adjusted. Councilmember
Timmer stated that Lynchburg City Schools was in a period of transition and thanked Ms. Lowery for her
willingness to continue serving.
Councilmember Wilder thanked Ms. Lowery for her service but stated that he supported Dr. Toby
Johnson. He stated that he appreciated the number of strong candidates who applied, but preferred Dr.
Johnson’s ideas and work in the school system.
Councilmember Reed stated that she would abstain from voting on Ms. Lowery’s reappointment
because Ms. Lowery is her friend and she felt she could not fairly vote. Councilmember Reed also noted
that concerns had been received from parents and stated that she would discuss those concerns with Ms.
Lowery privately if Ms. Lowery was reappointed.
Councilmember Faraldi made a substitute motion to appoint Dr. Toby Johnson to School Board
District II, seconded by Councilmember Wilder.
Mayor Taylor stated that he supported Ms. Lowery and thanked her for her service.
The following vote on the substitute motion was recorded:
Ayes:

Faraldi, Wilder

2

Noes: Reed, Misjuns, Timmer, Diemer, Taylor

5

Councilmember Faraldi stated that he would not support anyone who had advocated for the
closure of Sandusky Elementary School.
Council, by the following recorded vote, reappointed Letitia Lowery to School Board District II:
Ayes:

Misjuns, Timmer, Diemer, Taylor

4

Noes: Faraldi, Wilder

2

Abstain: Reed

1

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June 23, 2026
For District III, Councilmember Timmer motioned, seconded by Vice Mayor Diemer, to appoint
Mr. Ryan Thomas.
Councilmember Timmer stated that Mr. Thomas brought a big-picture and outside perspective
and could balance various ideas and perspectives.
Vice Mayor Diemer stated that Mr. Thomas is levelheaded and discussed the value of
educational philosophy.
Councilmember Wilder made a substitute motion to appoint Tiona Wilson. The motion failed due
to lack of a second.
Councilmember Faraldi made a substitute motion to appoint Ms. Tiersha Royal and stated that
the School Board needs the perspective of a parent with children in Lynchburg City Schools and that Ms.
Royal has been active in the school system.
Councilmember Wilder seconded the substitute motion and stated that active involvement in
schools and service as a PTA/PTO president demonstrate commitment.
Councilmember Reed stated that she had listened to community feedback regarding
representation and believed the School Board needed the voice of a mother with children in Lynchburg
City Schools.
Councilmember Misjuns stated that his top two candidates were Ms. Royal and Mr. Thomas, but
that he would vote against the substitute motion because he valued Mr. Thomas’ “no drama” approach;
however, he would support Ms. Royal if the substitute motion passed.
Councilmember Timmer stated that she valued the need for different perspectives and would
support Mr. Thomas but would support Ms. Royal if the substitute motion passed.
Mayor Taylor stated that he supported Ms. Royal and encouraged other applicants to continue
applying in the future.
With no more discussion, the following vote on the substitute motion was recorded:
Ayes:

Faraldi, Reed, Wilder, Taylor

4

Noes: Misjuns, Timmer, Diemer

3

The following motion became the main motion and Council, by the following recorded vote,
appointed Tiersha Royal to School Board District III:

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June 23, 2026
Ayes:

Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

Noes:

7
0

// Agenda Item #11, Vice Mayor Diemer: Series 2026 Bond Disclosure Resolution, was pulled from the
agenda and was not considered.
// The meeting adjourned at 8:19 p.m.
____________________________
Clerk of Council

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July 14, 2026
// A regular meeting of the Council of the City of Lynchburg was held on the 14th day of July, 2026 at 4:00
p.m. in the 2nd Floor Training Room, City Hall, Larry Taylor, President, presiding. The following Members
were present:
Present: Larry Taylor, Curt Diemer, Stephanie Reed, Chris Faraldi, Sterling A. Wilder, Martin
Misjuns, Jacqueline Timmer

7

Absent:

0

// In the matter of Work Session Agenda Overview, City Manager Wynter Benda reviewed the agenda.
Mr. Benda asked Deputy City Manager Greg Patrick and Project Manager DeeDee Conner to provide an
update regarding the City's successful BUILD grant application for the Route 501/221 project.
Mr. Patrick announced that the City had received a $24.5 million BUILD grant, the largest
transportation grant in the City's history. He recognized Ms. Conner for leading the application process.
Ms. Conner stated this was the City's third application for the grant and that the previous year's
feedback was used to strengthen the submission. She reviewed the competitive nature of the program
and thanked City staff, GLTC, elected officials, community partners, and others who provided data,
financial information, letters of support, and technical assistance.
Vice Mayor Diemer thanked Ms. Conner and the team on behalf of Council and recognized the
significance of receiving the largest transportation grant in the City's history.
// In the matter of City Council, Agenda Item #1, Council was briefed regarding the Council Meeting
Calendar for CY 2027. Clerk of Council Alicia Finney-Andrews provided the briefing.
Ms. Finney-Andrews stated the regular meeting schedule would remain the second and fourth
Tuesdays of each month at 4:00 p.m. and 7:00 p.m., except there would be no fourth Tuesday meeting in
July or December and no second Tuesday meeting in August. She noted that the calendar would be
presented for action during the 7:00 p.m. meeting. Ms. Finney-Andrews explained that because Council
had pending changes to its Rules of Procedure, the 2027 meeting calendar was being presented by
separate resolution rather than through affirmation of the Rules of Procedure.
// In the matter of Public Safety, Agenda Item #2, Council received a status update regarding Downtown
Safety: Main Street Citizen Concern. City Attorney Matthew Freedman provided the update.
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Mr. Freedman stated staff was meeting internally to review the safety concerns raised by a citizen
on June 23 and to consider possible solutions. He said a more detailed presentation would be provided in
August.
Councilmember Wilder asked whether the Downtown Lynchburg Association was participating in
the discussions.
Mr. Freedman stated the current discussions were focused on safety issues and that the
appropriate parties were involved.
// In the matter of City Attorney’s Office, Agenda Item #3, Council received a presentation regarding
notable local government highlights from the 2026 General Assembly session. City Attorney Matthew
Freedman provided the presentation.
Mr. Freedman highlighted changes affecting towing advisory boards, youth non-voting members
of governing bodies, electronic filing of statements of economic interests, Freedom of Information Act
requirements for final action, minimum wage, law-enforcement cooperation, vacant and derelict property,
real property tax exemptions and rehabilitation incentives, manufactured housing, off-street parking,
Public Works contracts, a potential local sales tax referendum for school capital projects, and marijuana
taxation and land use regulation.
Councilmember Faraldi asked whether the new FOIA provision meant Council could not take final
action on an item that was not on the posted agenda.
Mr. Freedman said that was his interpretation, subject to exceptions for time-sensitive matters
and matters properly related to a closed meeting.
Councilmember Faraldi expressed concern about how the new requirement could affect Council's
current meeting process, including business item briefings and later action. He suggested Council
consider whether its Rules of Procedure and meeting calendar should distinguish more clearly between
work session discussion and final action.
Mr. Freedman stated Council could consider incorporating the new final action requirement into
future Rules of Procedure amendments.

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July 14, 2026
Councilmember Misjuns asked what enforcement mechanisms were available if a public body
violated the new FOIA requirement.
Mr. Freedman stated a challenge could potentially be brought through a declaratory judgment or
writ of mandamus, but he emphasized that the law was new and had not yet been tested.
Councilmember Misjuns read language identifying actions that do not constitute final action,
including referral to a committee, referral to a future meeting, direction to staff for additional information,
and ceremonial proclamations. He also noted the exception for time-sensitive matters and matters related
to a properly identified closed meeting.
Vice Mayor Diemer stated he expected the meaning of 'final action' to develop over time through
court decisions and future interpretation.
Councilmember Misjuns asked for clarification regarding the new real property tax exemption
authority for nonprofit organizations and affordable housing.
City Attorney Matthew Freedman explained that the tax exemption would not be automatic and
would require action by Council.
City Manager Wynter Benda said the City Code includes an application process with specific
criteria, and Council would determine whether the request met the applicable requirements.
Councilmember Misjuns asked how the new manufactured housing legislation could affect
housing types permitted in residential districts.
Mr. Freedman said staff would need to compare the new law with the City's zoning ordinance.
Councilmember Wilder asked whether the legislation could include tiny homes.
City Attorney Matthew Freedman said whether the new law would apply to tiny homes depended
on the statutory definition of a manufactured home. He said the provision could apply to what is
commonly considered a double-wide manufactured home.
Deputy City Manager Greg Patrick explained that manufactured homes built to federal HUD
standards are different from modular homes, which are factory-built but constructed to the applicable
state building code. He noted that manufactured homes can become real property when placed on a
permanent foundation and the title is surrendered.
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July 14, 2026
Assistant City Manager Kent White said tiny homes are addressed separately through the
building code and are generally defined by size requirements.
Councilmember Timmer asked whether the City already allowed certain manufactured homes
when placed on permanent foundations.
Mr. Freedman said staff would compare the new legislation with the City’s current zoning
ordinance to determine what changes, if any, would be required.
Councilmember Misjuns expressed interest in future local regulations for marijuana retail
establishments, including appearance and operating hours, and said he supported imposing the
maximum local tax permitted by law.
// In the matter of Transportation, Agenda Item #4, Council received an update regarding the Public
Transit Study. Deputy City Manager Greg Patrick provided the update.
Mr. Patrick stated the FY 2027 budget included $500,000 for a Transit Redesign/Multimodal
Study and that staff was beginning the process of selecting a consultant. He said the consultant would
help develop a steering committee that could include representatives from City Council and the GLTC
Board of Directors. He anticipated additional information after Council's summer recess.
// In the matter of Council, Agenda Item #5, Council held a work session regarding a Snow Removal
Ordinance. Councilmember Faraldi introduced the item.
Councilmember Faraldi stated the prior winter storm highlighted a weakness in the City's current
approach to sidewalk clearing. He said many streets had become passable while sidewalks remained
blocked, which affected pedestrian access and, in some instances, access to school bus stops. He said
he was open to different approaches and requested that Council consider options at a future work
session.
Councilmember Timmer stated she was more interested in a system that resulted in sidewalks
actually being cleared than in simply imposing a fine. She suggested exploring whether the City or a
contractor could clear sidewalks and bill the responsible property owner, while recognizing that some
residents may be physically unable to remove packed snow and ice.

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July 14, 2026
Public Works Director Gaynelle Hart stated staffing would be a significant challenge because
available Public Works personnel are assigned to street snow removal during major weather events. She
said the City could explore using a contractor to assist with sidewalk clearing but would need to further
evaluate how such a program could be structured.
Councilmember Misjuns agreed that sidewalks should be cleared but expressed concern about
penalizing elderly or physically unable residents. He said a fine could pressure some residents to attempt
unsafe snow removal.
Councilmember Faraldi asked how the City handles overgrown grass.
Assistant City Manager White explained that the City typically provides notice and, if the violation
is not corrected, hires a contractor and bills the property owner.
Councilmember Faraldi requested information about the average cost of that process for
comparison.
Mayor Taylor suggested exploring a youth-based program that could compensate young people
for helping neighbors clear sidewalks.
Ms. Hart stated that neighborhood centers could potentially serve as organizing locations for a
youth-based snow removal assistance program.
City Manager Benda suggested that third-party contractors could potentially be assigned
geographic priority areas, such as locations around schools, hospitals, or other critical facilities.
Councilmember Reed stated the discussion should also include school bus snow routes because
school transportation had been a significant factor in school closures.
Ms. Hart stated that she planned to meet with Lynchburg City Schools transportation staff to
discuss coordination before the next winter season.
Councilmember Misjuns cautioned against conflating street snow routes with sidewalk clearing.
He said the prior storm was unusually severe and expressed concern about imposing requirements on
citizens when the City itself may still be clearing streets and public areas.

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July 14, 2026
Councilmember Faraldi stated his communications during the prior storm indicated that uncleared
sidewalks and access to bus stops were among the reasons schools remained closed. He reiterated his
request for a future work session to consider options.
// In the matter of Roll Call, Councilmember Faraldi requested that the Mayor consider appointing two
Councilmembers to work with staff on proposed Rules of Procedure changes related to the new FOIA
final action requirements. He suggested himself and Vice Mayor Diemer.
Vice Mayor Diemer stated he was willing to participate.
Councilmember Faraldi also requested an upcoming work session to reconsider the City's
agreement and policies concerning Flock automatic license plate reader technology.
Councilmember Reed recognized the Police and Fire Departments for participating in the Boys &
Girls Club Superhero Week. She also requested discussion of the City's ordinance limiting occupancy by
unrelated persons and suggested considering an increase from three to four persons.
Assistant City Manager White stated staff intended to bring the issue forward in August as part of
the Comprehensive Plan housing discussion.
Councilmember Wilder again commended City staff for securing the BUILD grant. He also
announced the upcoming Laura Munson Day cleanup at historic White Rock Cemetery.
Councilmember Timmer stated she was researching deer management issues in the Boonsboro
area and intended to bring options to a future work session. She also discussed reviewing the City's
historic site records and requested that the batch of regular meeting minutes scheduled for consideration
that evening be deferred until after the summer recess.
Councilmember Misjuns recognized Lynchburg Aquatic League swimmers and coaches. He
requested that the August downtown safety presentation address enforcement of City Code Section 271.1 regarding obstruction of free passage. Councilmember Misjuns also requested a future work session
regarding Flock data and Fourth Amendment protections. He said he wanted Council to consider a policy
requiring a warrant before accessing certain historical location data absent a real-time alert or exigent
circumstance.

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July 14, 2026
Vice Mayor Diemer supported further Council review of Flock policies. He said public safety and
privacy were both important and that Council should establish appropriate safeguards before expanding
the technology. He also recognized residents, neighborhood associations, businesses, faith communities,
colleges and universities, and the Police Department for contributing to recent reductions in reported
crime.
Mayor Taylor expressed concern about property and debris being placed along public streets
following evictions and said landlords should be responsible for disposing of such items.
// On the motion of Councilmember Misjuns, seconded by Councilmember Wilder, Council, by the
following recorded vote, elected to hold a closed meeting to discuss appointments for vacancies to the
following Boards and Commissions: Central Virginia Community College Board of Directors, Historic
Preservation Commission, Martin Luther King, Jr./Lynchburg Community Council, Museum Advisory
Board, Economic Development Authority, Building Code Appeals Board, and Business Development
Centre, pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended.
With no further discussion from the Council, the following vote was recorded:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// The meeting was reopened to the public.
// Councilmember Faraldi made the following motion, seconded by Councilmember Timmer:
WHEREAS, the Council of the City of Lynchburg has convened a closed meeting on this date,
pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of
Information Act; and
WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by City Council that
such closed meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Lynchburg certifies that, to
the best of each member's knowledge, (i) only public business matters lawfully exempted from open
meeting requirements by Virginia law were discussed in the closed meeting to which this certification

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July 14, 2026
resolution applies, and (ii) only such public business matters as were identified in the motion convening
the closed meeting were heard, discussed or considered by Council.
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// On motion of Councilmember Misjuns, seconded by Vice Mayor Diemer, Council by the following
recorded vote appointed the following members to the respective boards and commissions:

Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// The work session recessed at 5:40 p.m.
// A regular meeting of the Council of the City of Lynchburg was held on the 14th day of July, 2026 at 7:00
p.m. in the Council Chamber, City Hall, Larry Taylor, President, presiding. The following Members were
present:
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July 14, 2026
Present: Larry Taylor, Curt Diemer, Sterling A. Wilder, Chris Faraldi, Stephanie Reed, Martin
Misjuns, Jacqueline Timmer

7

Absent:

0

// Vice Mayor Diemer led the invocation, followed by the Pledge of Allegiance.
// In the matter of Recognitions, Agenda Item #1, Mayor Taylor proclaimed July 19-25, 2026 as Pretrial,
Probation, and Parole Supervision Week. Sherry Brown, Director of Community Corrections and Pretrial
Services, accepted the proclamation and thanked Council for recognizing staff. She described the
department's work providing pretrial and probation supervision, alternatives to incarceration, and support
intended to reduce recidivism.
// In the matter of Recognitions, Agenda Item #2, Mayor Taylor recognized retired Interim Fire Chief
Jonathan Wright for more than three decades of service to the City. Chief Wright thanked Council, his
family, City leadership, and Fire Department employees. He reflected on the privilege of serving the
community and expressed support for incoming Fire Chief Brad Creasy.
// In the matter of Recognitions, Agenda Item #3, Mayor Taylor recognized retired Chief Financial Officer
Donna Witt for 27 years of service to the City. Ms. Witt thanked Council, City staff, her family, and
colleagues and said it had been a privilege to serve the City and its citizens.
// Clerk of Council Alicia L. Finney-Andrews announced that Agenda Item #14, regarding condemnation of
portions of 1508 Florida Avenue for the Florida Avenue Pedestrian Improvements project, was being
removed from the agenda because an administrator and sole heir had been identified. She said staff
would work with those individuals to complete the right-of-way acquisition.
Ms. Finney-Andrews also noted Council consensus to defer the approval of the minutes of the
April 14, April 23, April 28, May 12, May 26, and June 9, 2026 meetings until the August meeting.
// In the matter of the Consent Agenda, Agenda Item #4, Council considered adopting Ordinance #O-26069 amending and appropriating $36,383,600 to the Water Capital Projects Fund and $1,300,000 to the
Stormwater Capital Projects Fund.
Councilmember Timmer motioned, seconded by Councilmember Wilder, to adopt the Consent
Agenda. With no further discussion from the Council, the following vote was recorded:
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July 14, 2026
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Timmer

6

Noes:

0

Absent: Misjuns

1

// In the matter of Planning, Agenda Item #11, Council conducted a public hearing in consideration of
adopting Ordinance #O-26-071 changing the zoning of a certain area located at 1612 Concord Turnpike.
City Planner Rachel Frischeisen provided a summary of the request.
Ms. Frischeisen stated the petition would allow adaptive reuse of an approximately 59,000-square
foot historic warehouse for hotel rooms and/or apartments on the upper level and commercial uses on the
ground floor. She noted the property is within the Lower Basin Historic District and a flood zone and said
the petitioner would be required to comply with applicable flood regulations.
Casey Servis, architect for the project and representing the petitioner, said the site had
substantial parking capacity and described anticipated flood protection measures.
There was no one wishing to speak in opposition, and there were no voicemails, so the public
hearing was closed and the matter rested with Council.
Councilmember Reed motioned, seconded by Councilmember Wilder, to adopt Ordinance #O-26071.
Councilmember Reed expressed support for the project and thanked the property owner for
investing in downtown and preserving the historic character of the building.
Councilmember Wilder stated he was pleased to see a long vacant property returned to
productive use and thanked the owner for investing in the community.
Tony West, property owner, thanked City staff and said the City was fortunate to have
experienced staff serving the community.
Councilmember Faraldi stated that it was encouraging that the building could be reused while
addressing its location in the flood zone.
Vice Mayor Diemer stated he was familiar with the building through photography and was excited
to see it restored and reused.
Councilmember Timmer stated she supported the project and was eager to see it move forward.
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July 14, 2026
Mayor Taylor thanked Mr. West for investing in Ward II.
With no further discussion from the Council, the following vote was recorded:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Timmer

6

Noes:

0

Absent: Misjuns

1

// In the matter of Planning, Agenda Item #12, Council conducted a public hearing in consideration of
adopting Ordinance #O-26-072 amending and reenacting the Lynchburg City Code under its Zoning
Ordinance to regulate data centers in the City. City Planner Rachel Frischeisen provided a summary of
the request.
Ms. Frischeisen explained that the amendment would remove data centers as a by-right use in
business districts and require a Conditional Use Permit in I-1, I-2, I-3, and IN-2 districts. She said the
amendment would also establish standards addressing setbacks, screening, height, noise, water use,
utility infrastructure, and related impacts.
Kim Sinha, Ward IV, spoke in favor of requiring a Conditional Use Permit. She expressed concern
about potential energy, water, environmental, and infrastructure impacts from data centers and urged
Council to retain case-by-case review authority.
There was no one wishing to speak in opposition, and there were no voicemails, so the public
hearing was closed and the matter rested with Council.
Councilmember Faraldi motioned, seconded by Councilmember Timmer, to adopt Ordinance #O26-072.
Councilmember Faraldi commended the Planning Commission and said the environmental
impacts of data centers, including water and energy use, justified strong local oversight.
Councilmember Timmer thanked the Planning Commission and staff for acting proactively. She
emphasized that the ordinance did not approve a data center but instead ensured that any future
proposal would come before Council rather than being approved by right.

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July 14, 2026
Councilmember Wilder commended the Planning Commission for preparing the City in advance
and thanked the Lynchburg Regional Business Alliance for providing educational information about data
centers.
Vice Mayor Diemer stated the ordinance was fact based and appropriately preserved Council's
ability to evaluate impacts on the City's environment, infrastructure, and quality of life.
Councilmember Reed stated the ordinance was well developed and supported Council retaining
review authority over future proposals.
Councilmember Misjuns stated he supported the ordinance because it gave Council authority to
approve or deny individual proposals. He also noted that regional data-center growth could affect electric
utility rates even if a data center were located outside the City.
With no further discussion from the Council, the following vote was recorded:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of Community Development, Agenda Item #13, Council conducted a public hearing in
consideration of adopting Ordinance #O-26-073 amending and reenacting Lynchburg City Code Section
16.1-18 for Erosion and Stormwater Management Fees. Community Development Director Tom Martin
provided a summary of the request.
Mr. Martin stated the Virginia Department of Environmental Quality increased the state-mandated
fees effective July 1, 2026 and increased the State's share from 28% to 30%. He said the fees collected
by the City are deposited into the Stormwater Fund and may only be used for stormwater management
activities.
Mr. Martin noted that column headings had inadvertently been omitted from the ordinance table.
City Attorney Matthew Freedman read the corrected headings and percentage language into the record.
There was no one wishing to speak in favor or opposition, and there were no voicemails, so the
public hearing was closed and the matter rested with Council.

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July 14, 2026
Councilmember Faraldi asked whether the fee changes would affect the City's sanitary sewer
extension program. Mr. Martin clarified that the fees were related to stormwater and would not affect
sanitary sewer connections.
Vice Mayor Diemer motioned, seconded by Councilmember Timmer, to adopt Ordinance #O-26073.
Vice Mayor Diemer stated the fee increase was easier to support because the revenue was
restricted to stormwater activities and addressed aging infrastructure rather than being available for
unrelated General Fund purposes.
Councilmember Timmer stated the fees were required by the State and thanked staff for
implementing the process in a way that retained as much revenue locally as permitted.
Councilmember Wilder stated the City needed to continue investing in aging infrastructure and
complying with State requirements intended to protect the environment and public health.
With no further discussion from the Council, the following vote was recorded:
Ayes: Taylor, Diemer, Reed, Wilder, Timmer

5

Noes: Faraldi, Misjuns

2

// In the matter of Public Comment, Agenda Item #15, Consuela Mosley, representing Tenants,
addressed Council regarding tenant concerns. Ms. Mosley described reports of unsafe housing
conditions, delays or difficulties obtaining code enforcement assistance and records, concerns about
retaliation, and barriers faced by low-income tenants. She asked the City to review code enforcement
practices, oversight, access to records, and tenant assistance resources.
// In the matter of Public Comment, Agenda Item #16, Nathan Hendricks, representing the Blue Ridge
Chapter of the Virginia Police Benevolent Association, addressed Council regarding automatic license
plate readers. Mr. Hendricks supported continued use of ALPR technology by the Lynchburg Police
Department. He said the technology had assisted investigations and public safety efforts and emphasized
the importance of access controls, auditing, accountability, and public trust.
// In the matter of Public Comment, Agenda Item #17, Mitxh Richards, representing For The Lov3 Of The
City, addressed Council regarding situational awareness. Mr. Richards discussed recent youth-related
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July 14, 2026
fights, robberies, shootings, and firearms incidents. He urged the City and community to expand
immediate summer activities and prevention efforts for young people, particularly in neighborhoods with
fewer recreational opportunities.
// In the matter of Hill City Howlers, Agenda Item #18, Council considered adopting Ordinance #O-26-074
authorizing amendments to the Hill City Howlers Franchise Agreement. Deputy City Manager Greg
Patrick provided a summary of the request.
Mr. Patrick stated the amendments would divide the annual rent into two payments and replace
the requirement for a surety bond with a guarantee bond, letter of credit, or other security acceptable to
the City.
At its June 23, 2026, meeting, the Finance Committee recommended approval. As Chair of that
committee, Councilmember Reed brought the committee’s recommendation for approval forward as a
motion. No second was required.
Councilmember Misjuns asked whether the naming of Calvin Falwell Field would be preserved
under the franchise agreement. Mr. Patrick stated the franchise agreement permitted the team to seek
stadium naming rights but did not change the field's designation.
Matt Ramstead, General Manager of the Hill City Howlers, said Calvin Falwell Field signage
remained along the first and third base lines and that the name would not be removed.
Councilmember Misjuns stated he wanted to ensure the City's 2004 action naming the field for
Calvin Falwell continued to be honored.
With no further discussion from the Council, the following vote was recorded:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of City Council, Agenda Item #19, Council considered adopting Resolution #R-26-075
approving the City Council's regular meetings for CY 2027.
Councilmember Reed motioned, seconded by Councilmember Wilder, to adopt Resolution #R-26075.
With no further discussion from the Council, the following vote was recorded:
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July 14, 2026
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of the Fire Department, Agenda Item #20, Council conducted a second reading and
considered adopting Ordinance #O-26-070 amending the FY 2027 General Fund budget and
appropriating $310,800 to fund a detailed staffing assessment, a full-time civilian human resources
leadership position, and a full-time sworn position to coordinate department-wide training in the Fire
Department. Deputy City Manager Greg Patrick provided a summary of the request.
Mr. Patrick stated the actions implemented key recommendations from the Raftelis Fire
Department climate and culture assessment, including dedicated human resources leadership, a sworn
training position, and an EMS staffing and shift study.
Councilmember Reed motioned, seconded by Councilmember Misjuns, to adopt Ordinance #O26-070.
Councilmember Reed stated several of the needs identified in the assessment had been raised
before the assessment was completed. She said she appreciated Fire Chief Brad Creasy's
recommendation to proceed with the proposal as presented.
Chief Creasy stated he had consulted senior Fire Department leadership and union leadership
and believed the proposal should remain focused on the Raftelis recommendations.
Councilmember Faraldi thanked Chief Creasy and the City Manager for reviewing the matter and
engaging with the department.
With no further discussion from the Council, the following vote was recorded:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of Closed Session, Agenda Item #21, Council considered holding a closed session to
review and/or evaluate the performance of the City's Clerk of Council, City Attorney, and City Manager
pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended.
Councilmember Faraldi motioned, seconded by Councilmember Reed, to enter the closed
session.
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July 14, 2026
Councilmember Misjuns questioned whether outside counsel proposed to attend the closed
session had been formally retained by Council. He said Council had not taken a public vote to appoint
outside counsel and raised concerns about the new FOIA requirements discussed during the work
session.
Mayor Taylor stated he had asked outside counsel to attend because he wanted assistance with
the evaluation process.
Councilmember Misjuns stated the Mayor was one member of Council and that retaining counsel
required action by the body. He said any appointment should be properly noticed on an agenda.
Councilmember Faraldi asked whether Council could limit attendance in the closed session if a
Councilmember objected to the process.
Councilmember Timmer stated the concerns raised by Councilmember Misjuns involved the
Rules of Procedure and legal requirements, not opposition to conducting evaluations. She said she
supported having outside counsel but believed Council should formally vote on who would represent the
body.
Councilmember Faraldi stated outside attorneys had previously participated in Council matters
without a vote and questioned why the present situation was being treated differently.
Vice Mayor Diemer stated those prior attorneys had appeared as unpaid subject matter experts
and had not been retained to represent Council. He said he supported independent legal advice but
objected to counsel being selected through a process involving the City Attorney whose performance was
under review.
Councilmember Timmer reiterated that she supported outside counsel but wanted Council to
select and approve that counsel by formal vote.
Councilmember Wilder stated outside counsel could provide legal guidance during the evaluation
because the City Attorney was himself being evaluated. He said the purpose was to provide independent
legal advice, not to determine compensation.
Councilmember Misjuns referred to email correspondence regarding outside counsel and said
Council direction should occur through a publicly recorded vote.
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Mayor Taylor cited Section 5-8(F) of Council's Rules of Procedure, which allows Council to permit
non-members to attend closed meetings when their presence would reasonably aid Council in
consideration of an issue.
Vice Mayor Diemer stated the cited provision addressed who could attend a closed meeting but
did not resolve whether outside counsel had been retained to represent Council.
Councilmember Faraldi raised a point of order that debate on the Mayor's ruling was not
permitted.
Vice Mayor Diemer appealed the Mayor's ruling. The following vote was recorded:
Ayes: Diemer, Misjuns, Timmer

3

Noes: Taylor, Wilder, Faraldi, Reed

4

Councilmember Misjuns asked City Attorney Freedman to confirm whether a contract previously
obtained through FOIA was his current employment contract. Mr. Freedman stated the issue before
Council was whether to enter closed session.
Councilmember Misjuns stated he was concerned about conflicting information regarding the City
Attorney's contract and whether contract amendments or compensation would be discussed in closed
session.
Councilmember Faraldi raised a point of order that the pending closed session was for
performance evaluations and not for adoption of a contract. He acknowledged that any final action
concerning compensation or a contract would have to occur publicly.
Councilmember Misjuns referenced correspondence from the City Attorney that included
proposed contract changes and asked for clarity about the scope of the closed session.
Mayor Taylor stated the closed session was for evaluations and that related matters would be
discussed as appropriate.
Councilmember Misjuns made a substitute motion to table the closed-session item until August
so that matters concerning outside counsel could be properly placed on an agenda. Councilmember
Timmer seconded the motion.
Councilmember Faraldi stated he would vote against delaying the evaluations.
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July 14, 2026
Councilmember Wilder stated the disagreement illustrated why the appointee evaluations had
been delayed and emphasized that employees deserved regular evaluations.
Councilmember Timmer stated she supported completing the evaluations but believed Council
first needed to vote on its legal representation.
Vice Mayor Diemer stated he was not opposed to outside counsel but wanted counsel selected
independently by Council.
Mayor Taylor expressed frustration with delays in completing the evaluations and said conflicts
among Councilmembers had prevented the process from moving forward.
The following vote on the substitute motion was recorded:
Ayes: Taylor, Diemer, Misjuns, Timmer

4

Noes: Wilder, Faraldi, Reed

3

Councilmember Faraldi stated he opposed delaying the matter and expressed concern that
further delay would create additional speculation.
Councilmember Reed stated she would vote against the delay because the evaluations had
already been postponed.
Councilmember Wilder stated he would vote against the delay and expressed concern about
continuing conflict among Councilmembers.
Councilmember Timmer stated the evaluations should be completed but reiterated that Council
should formally approve any attorney representing the body.
With no further discussion from the Council, the following vote was recorded on tabling Agenda
Item #21 until August:
Ayes: Taylor, Diemer, Misjuns, Timmer

4

Noes: Wilder, Faraldi, Reed

3

// The meeting adjourned at 8:57 p.m.

____________________________
Clerk of Council

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// A regular meeting of the Council of the City of Lynchburg was held on the 25th day of August, 2026 at
4:00 p.m. in the 2nd Floor Training Room, City Hall, Larry Taylor, President, presiding. The following
Members were present:
Present: Larry Taylor, Curt Diemer, Stephanie Reed, Chris Faraldi, Sterling A. Wilder, Martin
Misjuns, Jacqueline Timmer

7

Absent:

0

// In the matter of Economic Development and Tourism, Agenda Item #1, Council was briefed regarding
an update to the City's Commercial Property Assessed Clean Energy (C-PACE) ordinance. Director of
Economic Development and Tourism Marjette Upshur explained that the proposed amendments would
modernize the City's 2019 ordinance and align Lynchburg with Virginia's statewide C-PACE program,
administered by the Virginia PACE Authority. She said C-PACE provides voluntary private financing for
qualifying commercial property improvements, including energy and water efficiency, renewable energy,
resiliency, stormwater management, environmental remediation, and electric vehicle infrastructure. She
noted that the City would not originate or guarantee the financing and would have no direct fiscal impact
beyond staff time associated with ordinance adoption and project document review. The item will return to
Council for a required public hearing and consideration.
Councilmember Timmer asked about the benefit of shifting administration from a locally
administered program to the statewide model.
Ms. Upshur said the statewide structure would reduce City staff time and provide consistent
eligibility requirements, procedures, and documentation for property owners and private capital providers
across participating localities.
// In the matter of Planning, Agenda Item #2, Council was briefed regarding the rezoning of 5612 and
5616 Edgewood Avenue for Perimeter Roofing and Exteriors. City Planner Rachel Frischeisen explained
that the petition seeks to amend previously approved proffers and bring the current roofing company use
into compliance with the Zoning Ordinance. She said Planning Commission recommended approval of
the rezoning for 5612 Edgewood Avenue and denial for 5616 Edgewood Avenue because expansion of
commercial zoning into the residential property could remove an existing buffer between the business and
neighboring residences. The item will return to Council for a public hearing in September.

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// In the matter of Planning, Agenda Item #3, Council was briefed regarding the rezoning of 802 Court
Street for the Gilliam House Condominiums. City Planner Rachel Frischeisen explained that the petitioner
is requesting to rezone approximately 0.167 acres from B-1, Limited Business District, to B-4, Urban
Commercial District, to convert an existing historic structure into four residential condominium units. She
noted that the proposed use is consistent with the Downtown designation on the Future Land Use Map,
no exterior additions are proposed, and off-street parking would be available through the nearby Clay
Street parking deck. Planning Commission recommended approval. The item will return to Council for a
public hearing in September.
// In the matter of Planning, Agenda Item #4, Council was briefed regarding the rezoning of 533 Leesville
Road for rental office use. City Planner Rachel Frischeisen explained that RAA Enterprises, LLC is
petitioning to rezone approximately 1.105 acres from B-1, Limited Business District, to B-3C, Community
Business District (Conditional), to allow office use with parking in front of the structure. She said the B-1
district is intended to provide neighborhood-scale commercial development near residential areas and
does not permit parking in front of the building. Planning Commission recommended denial. The item will
return to Council for a public hearing in September.
Vice Mayor Diemer stated he had visited the site and believed the proposal was consistent with
the medical and office development occurring along that portion of Leesville Road. He said the property
owner had already invested in infrastructure and that requiring parking behind the building could make the
project cost prohibitive. He stated that he intended to support the rezoning and encouraged his
colleagues to visit the site before the public hearing.
// In the matter of Boards and Commissions, Agenda Item #5, Clerk of Council Alicia L. Finney-Andrews
provided the third-quarter Boards and Commissions report covering September and October term
expirations and vacancies. She reviewed upcoming opportunities on the Social Services Advisory Board,
Lynchburg Redevelopment and Housing Authority, Building Code Appeals Board, and Greater Lynchburg
Transit Company Board of Directors. She noted that one Housing Authority vacancy must be filled by a
client of the Authority and advised that applications and resumes would be collected through September
14 in advance of Council's September 22 closed session.

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// In the matter of Engineer, Agenda Item #6, Council received the results of the Leesville Road Speed
Study. City Engineer Lee Newland introduced John Stewart, Project Manager, and Dr. Karzan Bahalian of
Clark Nexsen. The consultants reviewed the 2.2-mile section of Leesville Road between Airport Road and
Timberlake Road and explained that speed data were collected at four locations over seven-day periods.
They reported that the 35-mile-per-hour zone was generally operating more like a 45-mile-per-hour zone,
while the 45-mile-per-hour zone was operating closer to 50 miles per hour. They also reviewed crash
history and said the roadway's design, operating speeds, and traffic volumes did not indicate a need for
major physical changes at this time.
Vice Mayor Diemer said he had observed significant speeding, particularly by motorcycles on
Friday and Saturday nights, and appreciated recent directed patrols. He said the disparity between lowerspeed and higher-speed drivers could create safety concerns, but he generally agreed that no major
roadway changes were necessary at this time.
Councilmember Faraldi suggested considering an enhanced minimum fine for speeding in the 35mile-per-hour zone because of the proximity to Heritage High School and continued development in the
area.
Vice Mayor Diemer said he was open to Councilmember Faraldi's suggestion and believed a
higher fine could improve safety. He said he did not support increasing the entire corridor to 45 miles per
hour.
Mayor Taylor asked whether the study identified congestion problems related to new
development.
Dr. Bahalian said the approximately 10,000 vehicles per day were below the capacity of the four
lane roadway and that lower traffic volumes may contribute to higher speeds.
// In the matter of Planning, Agenda Item #7, Council received an update on the Comprehensive Plan.
City Planner Rachel Frischeisen reviewed the plan's role as the City's long-range policy guide and
provided an update on community input and draft recommendations related to housing, mobility,
economic development, and quality of life. She highlighted projected population growth, housing
affordability, missing middle housing, infill development, occupancy standards, and short-term rentals.
She explained that the draft recommends evaluating zoning districts and development standards to better

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support a range of housing types and that future zoning changes should follow adoption of the
Comprehensive Plan.
Councilmember Faraldi asked whether short-term rentals, particularly along the Fort Avenue
corridor, could reduce the supply of missing middle housing. Ms. Frischeisen said the area contains a
significant amount of duplex development and acknowledged that short-term rentals could affect the
available housing stock.
Councilmember Misjuns expressed interest in a zoning approach that would allow smaller lot or
tiny home developments intended for ownership without also opening the same areas to high-density
apartment development. He asked whether cottage court or similar concepts could provide additional
lower cost homeownership opportunities. Councilmember Misjuns also said occupancy standards for
short-term rentals and other residential rentals should be aligned. He requested additional information
about recent state legislation affecting the City's ability to regulate parking requirements and asked staff
to consider how parking impacts could be addressed when reviewing occupancy and zoning standards.
// In the matter of Public Works, Agenda Item #8, Council held a work session regarding naming the Odd
Fellows Road bridge over U.S. 460 in memory of Earl Brooks, Sr.
Assistant City Manager Kent White explained that the bridge is part of the Virginia Department of
Transportation network and that Council would need to petition the Commonwealth Transportation Board,
adopt a resolution supporting the naming, and commit approximately $1,000 for fabrication and
installation of the signs. He reviewed Mr. Brooks' Lynchburg roots, NASCAR career, and longtime
operation of an automobile repair garage near Odd Fellows Road. The item will return to Council for
consideration in September.
Vice Mayor Diemer expressed support for the naming and noted that Mr. Brooks raced car
number 26, making 2026 a meaningful year for the recognition. He said the petition had received
significant community support and thanked the Brooks family for attending.
Councilmember Misjuns thanked Vice Mayor Diemer for bringing the matter forward and
expressed support for recognizing Mr. Brooks.
Earl Brooks, Jr. thanked Council for considering the bridge naming and said the recognition would
have meant a great deal to his father and family.

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Vice Mayor Diemer noted Mr. Brooks' connection to the film Grease Lightning and his friendship
with NASCAR driver Wendell Scott.
// In the matter of the Police Department, Agenda Item #9, Council held a work session regarding
downtown public safety. Chief of Police Kennith Edwards introduced Captain Joel Hinkley, who reviewed
public safety conditions in the downtown entertainment district. Captain Hinkley said downtown remains a
successful and generally safe area, but late night crowds can create concentrated challenges around the
1200 and 1300 blocks of Main and Commerce Streets. He reviewed the LPD's use of geographic policing,
directed patrols, mandatory overtime, enhanced lighting, business outreach, partnerships with Virginia
ABC and other public safety agencies, and the Hill City Connect voluntary camera program. He
emphasized that officers must balance lawful enforcement with crowd management, officer safety, and
de-escalation and that public safety is a shared responsibility among the City, businesses, residents,
visitors, and community partners.
Councilmember Wilder asked how the LPD communicates with downtown businesses and
whether security personnel are trained or encouraged to contact police when problems occur inside
establishments.
Captain Hinkley said the LPD regularly works with business owners and provides guidance,
although private security training is handled through the Department of Criminal Justice Services. He said
some businesses contact police regularly when issues arise while others do not.
Councilmember Reed asked whether recent serious incidents shared common characteristics,
including late operating hours and alcohol service. She expressed concern that large late-night crowds
could affect residents, businesses, and confidence in downtown.
Captain Hinkley said only a small number of businesses remain open after 12:30 a.m. and
described approaches used by other Virginia localities, including special-use or conditional-use
requirements for late-night establishments.
Councilmember Reed requested that Council consider additional strategies to prevent recurring
problems.
Councilmember Misjuns asked about mandatory overtime and staffing vacancies.

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Chief Edwards reported approximately $24,718 in mandatory overtime costs and approximately
596 overtime hours associated with Friday and Saturday night coverage in the 1200 and 1300 blocks of
Main Street and Commerce Street, as well as additional costs for portable lighting. He said the LPD had
approximately 22 hard vacancies.
Councilmember Misjuns expressed concern about officer burnout and said the City should
address recruitment and vacancies.
Councilmember Reed agreed that staffing and recruitment required additional investment and
said Council may need to revisit public safety compensation and recruitment incentives in a future budget.
Mayor Taylor asked whether youth gang activity was connected to the recent downtown fights.
Chief Edwards said he was not aware of a gang nexus but could look further into the matter.
Vice Mayor Diemer said downtown has changed significantly for the better and encouraged
residents to continue visiting and supporting downtown businesses. He thanked the LPD for its targeted
response and requested additional information about equipment or resources that could support officers.
Councilmember Wilder asked about the role of the Downtown Lynchburg Association and
suggested a roundtable among downtown businesses, the LPD, and other partners to discuss safety
concerns and practices used in other localities.
Councilmember Timmer asked for an update on the previously discussed Downtown
Improvement District, noting that such districts can affect both actual and perceived safety.
Deputy City Manager Greg Patrick said the next step would be to bring the matter back to Council
for further discussion at a work session.
Councilmember Timmer requested that the item be scheduled.
// In the matter of the Police Department, Agenda Item #10, Council held a work session regarding Flock
Safety Technology.
City Manager Wynter Benda asked Council whether it wished to hear the Police Department
presentation or first discuss three Council-sponsored resolutions related to Flock.
After discussion, Mayor Taylor directed staff to proceed with the presentation, with the Councilsponsored resolutions to be discussed during the 7:00 p.m. meeting.

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Captain Lisa Singleton presented information regarding the LPD's oversight, security, access
controls, auditing, training, and legal requirements for use of Flock automated license plate reader data.
She explained that authorized searches require an investigative purpose, case or call-for-service
information, and a reason for the search; access uses multi-factor authentication; data are encrypted and
stored in AWS GovCloud; and supervisors conduct organizational audits at least every 30 days. She also
reviewed Virginia law, recent case law, camera locations, public concerns, and examples of how Flock
has supported investigations.
Chief Edwards reported that, on August 19, he temporarily paused the LPD's 15 fixed Flock
cameras and had them physically covered while the City considers an independent review. He said staff
was exploring an outside audit of the LPD's policies, training, access, use, and system safeguards, with
the results to be reported to Council. He said the pause was intended to allow additional review while
recognizing both the investigative value of the technology and community privacy concerns.
Councilmember Reed asked for clarification regarding references to 100 to 150 additional
cameras.
Chief Edwards said investigative staff had previously identified a potential need for that number,
but the LPD had not requested or ordered additional cameras and had no current plan or funding request
for expansion beyond the existing 15 fixed cameras.
Councilmember Faraldi asked whether the Raven gunshot-detection devices remained active and
about the expected timeline for the proposed audit.
Chief Edwards said the approximately 54 gunshot-detection devices remained active and that the
audit would likely take several weeks.
Councilmember Faraldi said he intended to add a deadline to his proposed resolution and
language addressing what Council should do if the audit could not be completed by that deadline.
Councilmember Timmer said the presentation answered some of her prior questions about data
hosting and security standards. She also asked about a grant request for approximately 100 cameras.
Chief Edwards clarified that no such grant request had been made.
Councilmember Wilder expressed support for providing the LPD effective investigative tools while
also reviewing data security and privacy concerns. He said an independent audit could help determine

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whether safeguards were sufficient and emphasized that investigative successes can include clearing
cases, eliminating individuals as suspects, or locating missing persons.
Councilmember Misjuns requested information regarding the number of cases involving Flock
data that ultimately resulted in convictions.
Captain Singleton said that type of information could be included in the audit.
Councilmember Misjuns also asked how hot-list alerts function and discussed concerns about
inaccurate source data, access to data, outside vendors, and the broader use of automated license plate
reader technology. He said he did not believe an outside consultant was necessary and favored Council
deciding whether to continue the Flock agreement.
// The meeting was recessed at 6:44 p.m.
// A regular meeting of the Council of the City of Lynchburg was held on the 25th day of August, 2026 at
7:00 p.m. in the Council Chamber, City Hall, Larry Taylor, President, presiding. The following Members
were present:
Present: Larry Taylor, Curt Diemer, Stephanie Reed, Chris Faraldi, Sterling A. Wilder, Martin
Misjuns, Jacqueline Timmer

7

Absent:

0

// Mayor Taylor provided the invocation, followed by the Pledge of Allegiance.
// In the matter of Recognitions, Agenda Item #1, the Heritage High School Girls Track and Field State
Championship recognition was deferred.
// In the matter of Recognitions, Agenda Item #2, Council recognized the E.C. Glass High School Boys
Lacrosse Team on their VHSL Class 4 State Championship. Mayor Taylor congratulated the team,
coaches, families, and supporters and recognized the team's hard work, teamwork, and representation of
E.C. Glass High School, Lynchburg City Schools, and the City of Lynchburg. Team members and
coaches were in attendance to accept the recognition.
// In the matter of the Consent Agenda, Agenda Item #3, copies of the minutes of the April 14, 2026 City
Council meeting were previously furnished to Council, and on motion of Councilmember Wilder,
seconded by Councilmember Reed, Council, by the following recorded vote, approved the minutes as
presented:

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August 25, 2026

Ayes: Taylor, Reed, Faraldi, Wilder

4

Noes: Diemer, Misjuns, Timmer

3

// In the matter of the Consent Agenda, Agenda Item #4, copies of the minutes of the April 23, 2026
special called City Council meeting were previously furnished to Council, and on motion of
Councilmember Wilder, seconded by Councilmember Reed, Council, by the following recorded vote,
approved the minutes as presented:
Ayes: Taylor, Reed, Faraldi, Wilder

4

Noes: Diemer, Misjuns, Timmer

3

// In the matter of the Consent Agenda, Agenda Item #5, copies of the minutes of the April 28, 2026 City
Council meeting were previously furnished to Council, and on motion of Councilmember Wilder,
seconded by Councilmember Reed, Council, by the following recorded vote, approved the minutes as
presented:
Ayes: Taylor, Reed, Faraldi, Wilder

4

Noes: Diemer, Misjuns, Timmer

3

// In the matter of the Consent Agenda, Agenda Item #6, copies of the minutes of the May 12, 2026 City
Council meeting were previously furnished to Council, and on motion of Councilmember Wilder,
seconded by Councilmember Reed, Council, by the following recorded vote, approved the minutes as
presented:
Ayes: Taylor, Reed, Faraldi, Wilder

4

Noes: Diemer, Misjuns, Timmer

3

// In the matter of the Consent Agenda, Agenda Item #7, copies of the minutes of the May 26, 2026 City
Council meeting were previously furnished to Council, and on motion of Councilmember Wilder,
seconded by Councilmember Reed, Council, by the following recorded vote, approved the minutes as
presented:
Ayes: Taylor, Reed, Faraldi, Wilder

4

Noes: Diemer, Misjuns, Timmer

3

// In the matter of the Consent Agenda, Agenda Item #8, copies of the minutes of the June 9, 2026 City
Council meeting were previously furnished to Council, and on motion of Councilmember Wilder,

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seconded by Councilmember Reed, Council, by the following recorded vote, approved the minutes as
presented:
Ayes: Taylor, Reed, Faraldi, Wilder

4

Noes: Diemer, Misjuns, Timmer

3

// In the matter of Council, Item Not on the Agenda, Vice Mayor Diemer motioned, seconded by
Councilmember Misjuns, to amend the agenda to add discussion of three Council-led resolutions
regarding Flock Safety Technology. Following discussion regarding the amount of time to allow for
presentation and discussion of the three resolutions, the motion was revised to limit the discussion to 30
minutes total. Council then approved the amended agenda by the following recorded vote:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

Councilmember Faraldi summarized his proposed resolution, which would recognize the LPD's
temporary pause of the fixed Flock cameras, establish a timeline for an independent audit, and require
Council to reconsider the Flock agreement by the end of the year. He said he did not support ALPR
technology and wanted the City to establish a long-term policy while avoiding unnecessary early
termination costs.
Vice Mayor Diemer said he remained in a fact finding position and wanted Council to receive as
much information as possible before taking final action. He asked why Councilmember Faraldi's proposed
timeline extended beyond the November election.
Councilmember Faraldi said the timeline was intended to allow sufficient time for the audit.
Councilmember Timmer asked whether Councilmember Faraldi would be open to amendments
identifying specific questions that the audit should answer.
Councilmember Faraldi said he would consider such amendments when the resolution returned
for action.
Councilmember Misjuns described his first proposed resolution as requiring a judicial warrant
before investigative searches of automated license plate reader databases while preserving hot list alerts,
and prohibiting radio frequency or digital fingerprinting technology that could identify electronic devices

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associated with a vehicle. He said the policy would apply to Flock and future ALPR systems used by the
City.
Councilmember Wilder said he supported reviewing privacy and data security concerns but
believed the LPD needed effective tools to investigate crime, locate missing persons, and protect the
community. He supported completing the audit before Council made a final decision.
Vice Mayor Diemer asked whether Councilmember Misjuns had consulted local judges regarding
the potential workload created by warrant requirements.
Councilmember Misjuns said he had not and that his position was based on constitutional and
privacy concerns rather than judicial workload.
Councilmember Misjuns described his second proposed resolution as directing termination of the
City's Flock license agreement. He said Council had authorized the agreement in 2023 and should decide
whether it remains in effect.
City Attorney Matthew Freedman agreed to revise the draft language to refer specifically to the
license agreement and appropriate termination date.
Councilmember Faraldi asked about the financial impact of early termination and whether the
proposal would terminate the service agreement, license agreement, or both.
Councilmember Misjuns said the principal goal was to revoke Flock's authority to maintain the
equipment in City rights-of-way and argued that ending the agreement could avoid future service and
consulting costs.
Councilmember Timmer asked why Council could not vote sooner to allow the agreement to
expire if Councilmember Faraldi opposed ALPR technology.
Councilmember Faraldi said he believed an independent audit could provide useful information
about how the system had been used and inform a broader policy decision. No final action was taken on
any of the three proposed resolutions.
// In the matter of Engineering, Agenda Item #9, Council conducted a public hearing in consideration of
adopting Resolution #R-26-076 approving a license agreement allowing Liberty University, Inc. to
maintain and operate fiber optic lines and related equipment in Candlers Mountain Road. City Engineer

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Lee Newland explained that Liberty University requested permission to bore approximately 108 feet under
Candlers Mountain Road to install fiber optic lines connecting facilities associated with a new dormitory.
There was no one to speak in favor or opposition, either by voicemail or in person, so the public
hearing was closed and the matter rested with Council.
Councilmember Reed motioned, seconded by Councilmember Wilder, to adopt Resolution #R-26076.
Councilmember Reed said the license would allow needed infrastructure without creating
concerns for the City.
Councilmember Wilder expressed support for allowing the fiber connection between Liberty
University properties.
With no further discussion from Council, the following vote was recorded:
Ayes: Taylor, Diemer, Reed, Faraldi, Wilder, Misjuns, Timmer

7

Noes:

0

// In the matter of Public Comment, Agenda Item #10, Citizen Robert Flood, representing Rescuers of the
Youth Hoop-City, addressed Council regarding public safety concerns. He requested follow-up regarding
methane gas in the Dearington area, staffing and employee safety at the Lynchburg Detention Center,
and streetlighting. He also referenced prior requests related to a Ward II police precinct.
// In the matter of Public Comment, Agenda Item #11, Wil Dorvil, representing The Vision Firm, was not
present.
// In the matter of Public Comment, Agenda Item #12, Citizen Brandon Anderson addressed Council
regarding government overreach, government negligence, and police misconduct. He raised concerns
about his treatment at the Department of Social Services, a premises restriction, a prior arrest, and
communication with the City Manager's Office. He requested that the City review the conduct of the
departments and employees involved.
// In the matter of Public Comment, Agenda Item #13, Mitxh Richards, representing For the Lov3 of the
City, was not present.
// In the matter of Public Comment, Agenda Item #14, Citizen Andrea Yesalis addressed Council
regarding the performance of City Attorney Matthew Freedman. She questioned legal advice provided

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during the City's real estate tax discussions and the handling of a prior public hearing and minutes. She
asked Council to consider using independent outside counsel or a different legal services structure.
// In the matter of Public Comment, Agenda Item #15, Citizen Ryan Thomas, representing Common
Sense Lynchburg, addressed Council regarding mass warrantless surveillance. He stated that the
usefulness of surveillance technology for public safety did not justify broad collection of citizens' location
information. He urged Council to terminate the Flock agreement and reject mass automated license plate
reader surveillance.
// In the matter of Public Comment, Agenda Item #16, Citizen Jonathan Roth was not present.
// In the matter of Public Comment, Agenda Item #17, Citizen Tyler Turner was not present.
// In the matter of Public Comment, Agenda Item #18, Citizen Michael Mitchell addressed Council
regarding license plate recognition technology. He described a family incident in which an elderly relative
became missing and was located in Botetourt County with assistance from license plate recognition
systems. He encouraged Council to preserve the use of license plate identification for missing persons,
Amber Alerts, stolen vehicles, and similar public safety purposes, and noted that vendors other than Flock
are available for consideration.
// In the matter of Public Comment, Agenda Item #19, Citizen Jared Kaijala addressed Council regarding
Flock. He said questioning government surveillance should not be dismissed and expressed concern that
surveillance infrastructure created for current public safety purposes could be used differently by future
governments. He urged Council to end the City's use of Flock and mass automated license plate reader
surveillance.
// In the matter of Public Comment, Agenda Item #20, Citizen Colin Plank addressed Council regarding
warrantless surveillance. He argued that Flock creates historical location information about residents
without individualized suspicion and expressed concern about future expansion of automated license
plate reader networks. He urged Council to cancel the Flock agreement and limit government surveillance
power.
// In the matter of Public Comment, Agenda Item #21, Citizen Thomas Smith addressed Council regarding
Flock cameras. He cited crime trends, reported false positive license plate alerts, and examples of alleged

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misuse of automated license plate reader systems in other jurisdictions. He questioned whether Flock
was necessary and urged Council to discontinue its use.
// In the matter of Public Comment, Agenda Item #22, Citizen Peter Cefaratti addressed Council regarding
reporting on the people's business. He referenced principles of self-government and individual rights and
urged Council and City staff to remain accountable to citizens, particularly regarding spending, taxes,
audits, and privacy issues.
// In the matter of Public Comment, Agenda Item #23, Citizen C.J. Jordan was not present.
// In the matter of Public Comment, Agenda Item #24, Citizen Tomas Straka addressed Council regarding
Flock cameras. He expressed concern about the potential for surveillance systems to be expanded or
misused by future governments and urged Council to protect constitutional rights and discontinue the
City's use of Flock.
// In the matter of Public Comment, Agenda Item #25, Citizen Tab Sprouse, representing the Greater
Lynchburg Transit Company Board of Directors, addressed Council regarding FY 2027 funding. She
requested release of $800,000 transferred from GLTC reserves for operations, stating that the funding
was needed as part of the local match for federal transit funds and to maintain routes, microtransit, and
Sunday service. She also discussed a five year Transit Ridership Incentive Program grant and requested
a joint meeting with Council regarding the multiyear local match. Ms. Sprouse requested that her written
letter be included in the record.
// In the matter of Public Comment, Agenda Item #26, Citizen Alan Spaulding addressed Council
regarding Flock cameras. He expressed concern that surveillance tools adopted for public safety could be
expanded or misused and urged Council to protect individual liberty and privacy.
// In the matter of Public Comment, Agenda Item #27, Citizen Kimberly Dyke-Harsley addressed Council
regarding National Community Health Worker Awareness Week. She described the role of community
health workers in advocacy, public health, and helping residents navigate services. She also discussed
transportation access and invited Council to a community health worker conference.
// In the matter of Public Comment, Agenda Item #28, Citizen Julia Martiny addressed Council regarding
mass surveillance cameras. She cited examples of jurisdictions ending Flock agreements over data
sharing concerns, questioned whether ALPR systems produce measurable crime reductions, and argued

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that broad location data collection was not justified by property crime prevention or occasional missing
person cases. She urged Council to discontinue Flock.
// In the matter of Public Comment, Agenda Item #29, Citizen Chris Quigg addressed Council regarding
concerns over local government. He referenced historical examples of government corruption and
expressed concern about transparency, Council procedures, salaries, budgeting, and accountability. He
encouraged continued public scrutiny of City government.
// In the matter of Closed Session, Agenda Item #30, Council considered a closed session to review
and/or evaluate the performance of the City's Clerk of Council, City Attorney, and City Manager, with
possible consultation with outside counsel, pursuant to Sections 2.2-3711(A)(1) and 2.2-3711(A)(8) of the
Code of Virginia, 1950, as amended.
Councilmember Misjuns motioned, seconded by Vice Mayor Diemer, to enter closed session after
removing the reference to possible consultation with outside counsel. He said Council had not selected
outside counsel and that he preferred to conduct the performance evaluations without outside counsel.
Mayor Taylor made a substitute motion, seconded by Councilmember Faraldi, to table the closed
session indefinitely.
Mayor Taylor said he did not believe the three appointees would receive a fair evaluation.
Councilmember Misjuns opposed tabling the item and said Council had a responsibility to
conduct performance evaluations and address concerns regarding staff accountability and contract
administration.
Councilmember Faraldi supported the substitute motion and said he had completed his written
evaluations and did not believe a closed session discussion was necessary.
Councilmember Timmer opposed tabling the item and said Council had a responsibility to
complete the evaluations and openly address concerns regarding accountability and decision making.
Vice Mayor Diemer opposed tabling the item and emphasized transparency and public
accountability. He said he had completed his evaluations of Council’s three appointed employees and
provided them to members of the media.
Councilmember Wilder supported the Mayor's concerns regarding fairness and expressed
support for the City's appointed staff.

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Council voted on the substitute motion to table the item indefinitely.
Ayes: Taylor, Reed, Faraldi, Wilder

4

Noes: Diemer, Misjuns, Timmer

3

The motion to table the item indefinitely became the main motion and the following vote was
recorded:
Ayes: Taylor, Wilder

2

Noes: Faraldi, Reed, Diemer, Misjuns, Timmer

5

// The meeting was adjourned at 9:23 p.m.
__________________________________
Clerk of Council

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City Council
Agenda Item IV.4.
Action

AGENDA ITEM SUMMARY
MEETING DATE

PRESENTED BY

October 13, 2026

Rachel Frischeisen, City Planner

AGENDA ITEM # IV.4
Consideration of adopting Ordinance #O-26-___ & Ordinance #O-26-___ changing the zoning of a
certain area located at 5612 & 5616 Edgewood Avenue.
RECOMMENDATION
Approval of the petition to rezone 5612 Edgewood Avenue from B-3 & B-3C to B-3C.
Denial of the petition to rezone 5616 Edgewood Avenue from R-2 & B-3C to B-3C.
SUMMARY
Philip Pantana of Edgewood Commercial Properties LLC & Bentridge Properties LLC is petitioning
to rezone approximately one and one hundred three thousandths (1.103) acres located at 5612 &
5616 Edgewood Avenue from B-3, Community Business District; B-3C, Community Business
District (Conditional); and R-2, Low-Medium Density Residential District to B-3C, Community
Business District (Conditional) to amend previously approved proffers and to bring the current use of
the site as a roofing company into compliance with the Zoning Ordinance. The City’s
Comprehensive Plan 2013-2030, Future Land Use Map (FLUM) currently recommends Low Density
Residential uses for the area. The commercial structure has been in place since 1985 and the
residence has been in place since 1944.
Last year the business’s overflow parking and gravel driveway were expanded behind the home and
on to railroad property. The owners have obtained a lease with the railroad to use the parking area.
However, these uses are currently not allowed by the existing zoning. Planning Commission
recommended approving the rezoning to allow the expansion behind the existing business property
and denial of the rezoning to allow the parking and driveway on the residentially-zoned property with
the house.
Allowing the parking behind the existing business would be consistent with that use. However,
Planning Commission expressed concerns that extending the business parking onto the existing
residential lot would extend the business use too far into the established residential neighborhood.
PRIOR ACTION(S)
September 8, 2026: City Council continued the scheduled public hearing at the request of the
petitioner.
August 25, 2026: City Council Business Item Briefing.

Page 52 of 129

July 8, 2026: The Planning Commission recommended approval (6-0, with 1 absent) of the petition
to rezone 5612 Edgewood Avenue from B-3 & B-3C to B-3C; and recommended denial (6-0, with 1
absent) of the petition to rezone 5616 Edgewood Avenue from R-2 & B-3C to B-3C.
July 8, 2026: The Planning Division recommended approval of the petition to rezone 5612
Edgewood Avenue from B-3 & B-3C to B-3C and denial of the petition to rezone 5616 Edgewood
Avenue from R-2 & B-3C to B-3C.
FISCAL IMPACT
N/A
CONTACT(S)
Rachel Frischeisen, City Planner
ATTACHMENT(S)
1.
2.
3.

Ordinances
Presentation Slides
Planning Commission Minutes, Report, and Attachments

REVIEWED BY

Date: October 01, 2026
William Martin, Community Development Director

Date: October 02, 2026
Kent White, Assistant City Manager

Date: October 08, 2026
Alicia Finney-Andrews, Clerk of Council

Page 53 of 129

UNCODIFIED ORDINANCE:

#O-26-____

AN ORDINANCE CHANGING A CERTAIN AREA LOCATED AT 5612 EDGEWOOD AVENUE FROM B-3,
COMMUNITY BUSINESS DISTRICT AND B-3C, COMMUNITY BUSINESS DISTRICT (CONDITIONAL) TO B3C, COMMUNITY BUSINESS DISTRICT (CONDITIONAL).
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNCHBURG that in order to promote the public
necessity, convenience, welfare and good zoning practice that Chapter 35.2 of the Code of the City of Lynchburg,
1981, as amended, be and the same is hereby further amended by adding thereto Section 35.2-54.__ which
shall read as follows:
Section 35.2-54.__. Change of a certain area located at 5612 Edgewood Avenue from B-3, Community Business
District and B-3C, Community Business District (Conditional) to B-3C, Community Business District
(Conditional).
The area embraced within the following boundaries:
Beginning at a point on the southern right-of-way line of Edgewood Avenue on the dividing line between Tax
Map No. 16003021 and Tax Map No. 16003011; thence S 13° 52' 00'' E 150.00 feet to a point; thence S 76°
08' 00'' W 27.43 feet to a point; thence S 72° 34' 00'' W 163.22 feet to a point; thence N 17° 26' 00'' W
150.00 feet to a point; thence N 72° 34' 00'' E 167.90 feet to a point; and thence N 76° 08' 00'' E 32.10 feet
to the point of beginning, being approximately 0.677 acre.
.. is hereby changed from B-3, Community Business District and B-3C, Community Business District
(Conditional) to B-3C, Community Business District (Conditional), subject to the voluntarily submitted proffer:
1. The Following B-3 permitted by-right uses are prohibited on these properties:
•
•
•
•
•
•
•

•
•
•
•
•
•

Boarding House
Rooming House
Hotel, Motel, or Tourist Court
Gasoline Service
Light Auto Repair
Heavy Auto Repair
Furniture or Home Furnishings, Hardware,
Home Center, Lawn and Garden Supplies,
Department Store, Warehouse Club or
Superstore, Electronics and Appliances
Flea Markets and Thrift Stores
Grocery Store, Supermarket, or Bakery,
Convenience Store, Specialty Food Stores
Beer, Wine, and Liquor Store
Pawn Shops
Short-Term Loans
Precious Metal Buyers

•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Copy Center, Private Mail Center, Other
Business Support Services
Collection Agency
Restaurants, Cafeterias, Snack Bars & Catering
Mobile Food Services
Laundromat and Dry Cleaning
Parking Lot and Parking Garage
Licensed Massage Therapist
Tattoo Parlor
Adult Retail Establishment
Animal Services
Pet Cemetery
Retail Courier and Package Delivery
Commercial Amusements
Country Club
Outdoor Recreation
Animal Production

And the City Planner shall forthwith cause the “Official Zoning Map of Lynchburg, Virginia,” referred to in Section
35.2-30 of this chapter to be amended in accordance therewith.
Adopted:
Certified: ________________________
Clerk of Council

Page 54 of 129

UNCODIFIED ORDINANCE:

#O-26-____

AN ORDINANCE CHANGING A CERTAIN AREA LOCATED AT 5616 EDGEWOOD AVENUE FROM R-2,
LOW-MEDIUM DENSITY RESIDENTIAL DISTRICT AND B-3C, COMMUNITY BUSINESS DISTRICT
(CONDITIONAL) TO B-3C, COMMUNITY BUSINESS DISTRICT (CONDITIONAL).
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNCHBURG that in order to promote the public
necessity, convenience, welfare and good zoning practice that Chapter 35.2 of the Code of the City of Lynchburg,
1981, as amended, be and the same is hereby further amended by adding thereto Section 35.2-54.__ which
shall read as follows:
Section 35.2-54.__. Change of a certain area located at 5616 Edgewood Avenue from R-2, Low-Medium Density
Residential District and B-3C, Community Business District (Conditional) to B-3C, Community Business District
(Conditional).
The area embraced within the following boundaries:
Beginning at a point on the southern right-of-way line of Edgewood Avenue on the dividing line between Tax
Map No. 16003025 and Tax Map No. 16003021; thence S 17° 26' 00'' E 150.00 feet to a point; thence S 72°
34' 00'' W 125.00 feet to a point; thence N 17° 26' 00'' W 150.00 feet to a point; and thence N 72° 34' 00'' E
125 feet to a point of beginning, being approximately 0.430 acre.
.. is hereby changed from R-2, Low-Medium Density Residential District and B-3C, Community Business District
(Conditional) to B-3C, Community Business District (Conditional), subject to the voluntarily submitted proffer:
1. The Following B-3 permitted by-right uses are prohibited on these properties:
•
•
•
•
•
•
•

•
•
•
•
•
•

Boarding House
Rooming House
Hotel, Motel, or Tourist Court
Gasoline Service
Light Auto Repair
Heavy Auto Repair
Furniture or Home Furnishings, Hardware,
Home Center, Lawn and Garden Supplies,
Department Store, Warehouse Club or
Superstore, Electronics and Appliances
Flea Markets and Thrift Stores
Grocery Store, Supermarket, or Bakery,
Convenience Store, Specialty Food Stores
Beer, Wine, and Liquor Store
Pawn Shops
Short-Term Loans
Precious Metal Buyers

•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Copy Center, Private Mail Center, Other
Business Support Services
Collection Agency
Restaurants, Cafeterias, Snack Bars & Catering
Mobile Food Services
Laundromat and Dry Cleaning
Parking Lot and Parking Garage
Licensed Massage Therapist
Tattoo Parlor
Adult Retail Establishment
Animal Services
Pet Cemetery
Retail Courier and Package Delivery
Commercial Amusements
Country Club
Outdoor Recreation
Animal Production

And the City Planner shall forthwith cause the “Official Zoning Map of Lynchburg, Virginia,” referred to in Section
35.2-30 of this chapter to be amended in accordance therewith.
Adopted:
Certified: ________________________
Clerk of Council

Page 55 of 129

5612 & 5616 EDGEWOOD AVENUE
REZONING
Tuesday, October 13, 2026

Page 56 of 129

PURPOSE & ACTION
Purpose:
Petition of Edgewood Commercial Properties LLC & Bentridge Properties LLC to rezone 5612 & 5616
Edgewood Avenue from B-3, Community Business District; B-3C, Community Business District
(Conditional); and R-2, Low-Medium Density Residential District to B-3C, Community Business District
(Conditional), to amend previously approved proffers and bring the current use of the site as a
roofing company into compliance with the Zoning Ordinance.

Recommendation:
The Planning Commission recommended:
Approval (6-0, with 1 absent) of the petition to rezone 5612 Edgewood Avenue from B-3 & B-3C to B-3C;
and
Denial (6-0, with 1 absent) of the petition to rezone 5616 Edgewood Avenue from R-2 & B-3C to B-3C

Page 57 of 129

Page 58 of 129

Page 59 of 129

Page 60 of 129

Page 61 of 129

MINUTES OF THE JULY 8, 2026, PLANNING COMMISSION MEETING (MINUTES HAVE NOT
BEEN APPROVED):
Petition of Edgewood Commercial Properties LLC and Bentridge Properties LLC to rezone
approximately one and one hundred three thousandths (1.103) acres located at 5612 and
5616 Edgewood Avenue from B-3, Community Business District; B-3C, Community Business
District (Conditional); and R-2, Low-Medium Density Residential to B-3C, Community Business
District (Conditional) to amend previously approved proffers, and to bring the current use of
the site as a roofing company into compliance with the Zoning Ordinance.
Ms. Rachel Frischeisen, City Planner, provided the following summary to the Commission. The subject
property is located at 5612 & 5616 Edgewood Avenue and contains approximately one and one hundred
three thousandths (1.103) acres. The purpose of the rezoning is to amend previously approved proffers
and to bring the current use of the site as a roofing company into compliance with the Zoning Ordinance.
The Future Land Use Map recommends Low Density Residential uses for the properties. These areas are
dominated by single family detached housing at densities of up to four dwelling units per acre. The existing
R-2, Low-Medium Density Residential District zoning was established in 1978. The existing B-3,
Community Business District zoning and B-3C, Community Business District (Conditional) zoning was
established in 2001. The property at 5612 Edgewood Avenue contains an existing one-story commercial
building, constructed in 1985. The structure is approximately six thousand seven hundred ninety-six
(6,796) square feet in size and is currently occupied by Perimeter Roofing and Exteriors. Approximately
eight thousand nine hundred (8,900) square feet of paving also existed prior to the addition of a gravel
lot. The property at 5616 Edgewood Avenue contains a single-family rental residence, constructed in
1944. The structure is approximately one thousand four hundred seventeen (1,417) square feet in size.
Over fifteen thousand (15,000) square feet of gravel has been added at the rear of the subject properties
and on the adjacent railroad property to allow for additional parking and drive aisle. The petitioner has a
lease with Norfolk Southern Railway Company for limited use of the railway property for this encroaching
gravel lot. The petitioner was issued a zoning Notice of Violation (NOV) on October 3, 2025, for installing
this gravel parking area and drive aisle. It exceeds fifteen thousand (15,000) square feet and is located
on 5612 & 5616 Edgewood Avenue, as well as the adjacent Norfolk Southern Railway property. The
installation of the gravel area was not approved in a site plan, did not receive permits, does not comply
with previously approved proffers in the B-3C, Community Business District (Conditional) area, and is
partially located in an R-2, Low-Medium Density Residential District. The properties are bordered to the
north by residential uses across Edgewood Avenue, to the east by commercial uses, to the south by
Norfolk & Southern Railway property, and to the west by residential uses. While the proposed use of the
property at 5612 Edgewood Avenue does not agree with the Future Land Use Map recommendation of
Low Density Residential, the property has been used commercially since 1985 when the existing structure
was constructed. Perimeter Roofing and Exteriors has occupied the space since 2019. The continued use
of the property, with the addition of the gravel parking lot, should have little to no negative impact on the
surrounding area; however, Planning staff has concerns regarding the expansion of commercial zoning
further into the existing residential neighborhood. Building, preserving, and strengthening neighborhoods
is a goal that is repeated throughout the Comprehensive Plan, and the potential for further commercial
development can alter the character and dynamic of a neighborhood. The property at 5616 Edgewood
Avenue has been a residence since 1944. The continued use of the property as a rental residence would
have no negative impact on the surrounding area and would provide a buffer between the commercial
use and other residential uses in the area. The petitioner has submitted a voluntary proffer to limit the B3, General Business District uses permitted on the properties, but the continued use of the structure as a
residence has not been proffered at this time. If the rezoning is approved, the residence could transition
(or the site could be redeveloped) to use the property for commercial purposes by the petitioner, or one
of the by-right B-3, General Business District uses that is not proffered out. This would eliminate the buffer
between the commercial site and neighboring residences. The Technical Review Committee (TRC)
reviewed the petition on June 2, 2026. Compliance with the Zoning Ordinance, including buffering and
stormwater management requirements, would be addressed at the site plan phase. The Planning Division
recommends approval of the rezoning petition for 5612 Edgewood Avenue and denial of the rezoning
petition for 5616 Edgewood.

Page 62 of 129

Vice-Chair Henderson asked if there was anyone present to speak on behalf of the petition.
Mr. Norm Walton of Perkins & Orrison, Inc., was present to represent the petition. Mr. Walton
explained that he would address the easement first. The owner of the property, Mr. Pantana, had hired a
contractor that relayed to him that no city permits were needed to install the new gravel parking area.
Mr. Pantana was not aware that the contractor was wrong or that installing this new gravel area would
violate pre-existing proffers on the properties. He was cited with zoning violations and proceeded to
contact and hire Perkins & Orrison, Inc., to have a rezoning petition submitted. Mr. Pantana has a leasing
agreement with Southern Norfolk railway to allow for the construction of the gravel parking area onto the
railway’s property. Perimeter Roofing is a well-respected business whose property is well-kept. While not
proffered, the house on 5616 Edgewood would be kept as a residential rental property.
Commissioner Gammon asked Mr. Walton about the nature of the agreement with the railroad.
Mr. Walton replied that it was a lease agreement with the railway for which Mr. Pantana pays an
annual fee for the use of the area as a parking area.
Vice-Chair Henderson asked if there was anyone present to speak in favor of the petition.
Mr. John Carwile stated that Mr. Pantana has kept the property clean, renovated the house at 5616
Edgewood, and been a good neighbor. He added that he has no problem with the gravel parking area.
He thinks that the commercial lot looks better since Mr. Pantana cleared the lot. The residential property
has been improved, too.
Mr. Philip Pantana of Perimeter Roofing and Exteriors stated that his company had been on the
property since 2019. He explained that the gravel was placed because the company had need for a service
road to wrap around the building to help alleviate bottlenecking and to increase parking space for the
company’s trailers. He had purchased 5616, a portion of which is zoned B-3, in order to install a service
road. The other portion of the property on which the house sits, is zoned R-2, Low-Medium Density
Residential.
Commissioner Gammon asked Ms. Frischeisen if 5616 Edgewood was split zoned.
Ms. Frischeisen replied that the portion of the property that the house sits on is zoned R-2. The grassy
area that exists between the house and gravel driveway is zoned B-3C.
Commissioner Gammon asked for clarification about what portion of the driveway and parking area
was in violation.
Ms. Frischeisen replied that the gravel driveway was within the B-3C zoning, but the existing proffers
do not permit parking in that portion.
Commissioner Gammon asked if the company was using the gravel driveway for parking or as a pass
through to get around the building.
Mr. Pantana replied that it was used as a pass through.
Mr. Gammon asked Mr. Pantana how the gravel area that extended behind the house on 5616
Edgewood was used.
Mr. Pantana replied that gravel area was used as overflow for parking of company vehicles.
Commissioner Gammon commented that parking there was not allowed due to the R-2 zoning. He
asked Ms. Frischeisen to clarify if the gravel driveway was allowed while the parking area behind the
house was not.

Page 63 of 129

Ms. Frischeisen replied that hypothetically, if there had only been the gravel driveway, then perhaps
the Zoning Division would not have cited a violation. Yet the parking and storage area in R-2 is clearly in
violation.
Commissioner Gammon commented that parking was not allowed, but the gravel driveway could
remain since it was on the B-3 portion of the property.
Commissioner Perault recommended that the commission finish the public hearing portion of the
meeting before asking questions of the petitioner.
Vice-Chair Henderson asked if there was anyone else present to speak in favor of the petition.
Mr. Carwile came forward again said that Perimeter Roofing had been a good neighbor to the area
and the owner, Mr. Pantana, had kept both properties well-maintained. He had no complaints and no
problem with this rezoning petition.
Vice-Chair Henderson asked if there was anyone present to speak in opposition to the petition.
With there being no additional members of the public who wished to speak on the petition, Vice-Chair
Henderson closed the public hearing.
Commissioner Perault asked for clarification on what would need to change if the commission were
to approve the rezoning for 5612 and deny the rezoning for 5616. He asked if the gravel driveway would
be allowed to remain even if the gravel parking area had to be removed.
Ms. Frischeisen replied yes that the gravel driveway should be able to remain and the gravel parking
area would need to be removed.
Commissioner Perault asked what removing the gravel parking area would entail.
Ms. Frischeisen replied that the petitioner would need to remove the gravel and reseed the area.
Commissioner Gammon commented that the petitioner would need to remove the gravel on the R-2
zoned portion of 5616 but should still be able to have extra parking in the leased area, as it is railroad
right-of-way.
Ms. Frischeisen responded the zoning adjacent to a right-of-way is applied to the right-of-way. In this
case, it would mean that the adjoining property’s zoning would be R-2, meaning that the right of way
would also be considered R-2.
Commissioner Cox asked if a portion of the B-3 zoning of 5616 could be increased to allow for an Lshaped business zone.
Commissioner Perault stated that he would not support doing so, since it would still encroach on a
residential area. It would not solve the issue and would only be a roundabout “solution.”
Commissioner Gammon commented that only a small portion of the gravel parking area would not be
usable if the petitioner is able to keep the portion of it graveled through their railway lease agreement.
Commissioner Cox asked Mr. Walton if the gravel parking area had been measured.
Mr. Walton replied that he did not have the dimensions for that area.
Mr. Pantana explained that he measured the property incorrectly and had not accounted for the right
of way. He asked if there was a standard distance between private property lines and the curb of the
public street.

Page 64 of 129

Ms. Frischeisen responded that right-of-way widths can vary throughout the City.
Mr. Pantana said that when Kevin Henry, Zoning Administrator, took measurements it showed that
Mr. Pantana’s measurement was off by ten (10) feet. The gravel driveway and parking area were installed
to keep the company’s trucks and equipment off the street, out of sight for his neighbors; and to avoid
theft of tools. He has had issues with people loitering near the property. He added that part of his longterm plan is to plant trees as a buffer between his business and neighbors.
Commissioner Gammon suggested that Mr. Pantana remove the gravel parking area behind the
residential property. He suggested that instead of rezoning 5616, the owner should keep using the railway
lease as a means to park company trucks and equipment.
Commissioner Cox commented that the concept plan showcases how little of the gravel parking area
is located on 5616.
Commissioner Amy asked Mr. Pantana if he planned on taking down any of the trees on the property
to open more space for the B-3 portion of 5616.
Mr. Patana replied that he does not plan to do so currently. His initial plan was to landscape the
property with privacy trees to shield the gravel area. He was not against the commission’s
recommendations, but he was concerned with stormwater management. Zoning staff noted that a swale
may be required. If so, it could take twenty (20) to thirty (30) ft of area and cause issues with the trucks
and trailers entering and exiting. He would prefer not to expand the gravel in the B-3 area. in front of the
property along the road. He wants to keep the grass to give a good first impression to the company’s
customers.
Commissioner Amy asked Mr. Pantana if he had spoken with the residents at 5620 Edgewood.
Mr. Pantana replied he had not.
Commissioner Amy said that 5616 Edgewood was a good buffer. If the property were rezoned, then
it leaves an opening for the business at 5612 to expand and come into closer contact with residential
properties such as 5620.
Commissioner Perault stated that he would be hard pressed to support a vacant lot being rezoned
from R-2 to B-3. There was no chance that he would support rezoning an R-2 parcel that has an existing
residence on it. Planning staff has done a nice job of splitting this petition with approval for 5612 and
denial for 5616. He supports the partial approval and partial denial of the petition.
Commissioner Gammon agreed with Commissioner Perault.
Commissioner Gammon made the following motion, seconded by Commissioner Cox, and approved
by the following vote:
“Based on the preceding Findings of Fact, the Planning Commission recommends to City
Council the following actions on the petitions of Edgewood Commercial Properties LLC &
Bentridge Properties LLC:
•

Approval of the petition to rezone 5612 Edgewood Avenue from B-3, Community
Business District and B-3C, Community Business District (Conditional) to B-3C,
Community Business District (Conditional) subject to the voluntarily submitted
proffer; and

•

Denial of the petition to rezone 5616 Edgewood Avenue from R-2, Low-Medium
Density Residential District and B-3C, Community Business District (Conditional) to

Page 65 of 129

B-3C, Community Business District (Conditional), subject to the voluntarily submitted
proffer:
1. The Following B-3 permitted by-right uses are prohibited on these properties:
•
•
•
•
•
•
•

•
•
•
•
•
•

Boarding House
Rooming House
Hotel, Motel, or Tourist Court
Gasoline Service
Light Auto Repair
Heavy Auto Repair
Furniture or Home Furnishings,
Hardware, Home Center, Lawn and
Garden Supplies, Department Store,
Warehouse Club or Superstore,
Electronics and Appliances
Flea Markets and Thrift Stores
Grocery Store, Supermarket, or Bakery,
Convenience Store, Specialty Food Stores
Beer, Wine, and Liquor Store
Pawn Shops
Short-Term Loans
Precious Metal Buyers

AYES: Amy, Cox, Gammon, Henderson, Perault, Woodson
NOES:
ABSTENTIONS:
ABSENT: Rogers

•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Copy Center, Private Mail Center, Other
Business Support Services
Collection Agency
Restaurants, Cafeterias, Snack Bars &
Catering
Mobile Food Services
Laundromat and Dry Cleaning
Parking Lot and Parking Garage
Licensed Massage Therapist
Tattoo Parlor
Adult Retail Establishment
Animal Services
Pet Cemetery
Retail Courier and Package Delivery
Commercial Amusements
Country Club
Outdoor Recreation
Animal Production”
6
0
0
1

Page 66 of 129

The Department of Community Development
City Hall, Lynchburg, VA 24504
To:
From:
Date:
Re:

I.

434-455-3900

Planning Commission
Planning Division
July 8, 2026
Rezoning: 5612 & 5616 Edgewood Avenue – B-3, Community Business District; B3C, Community Business District (Conditional); and R-2, Low-Medium Density
Residential District to B-3C, Community Business District (Conditional)

PETITIONER
Philip Pantana, Edgewood Commercial Properties LLC & Bentridge Properties LLC, 68
Bentridge Court, Lynchburg, Virginia 24501
Property Owner: Same as Petitioner
Representative: Norman Walton, Jr., Perkins & Orrison, Inc., 317 Brook Park Place, Forest,
Virginia 24551

II. LOCATION
The subject property is located at 5612 & 5616 Edgewood Avenue and contains approximately
one and one hundred three thousandths (1.103) acres.
III. PURPOSE
The purpose of the rezoning is to amend previously approved proffers and to bring the current
use of the site as a roofing company into compliance with the Zoning Ordinance.
IV. SUMMARY
x The City’s Comprehensive Plan 2013-2030, Future Land Use Map (FLUM) currently recommends
Low Density Residential uses for the area.
x

If approved, the existing structures and uses would remain. The commercial structure has
been in place since 1985 and the residence has been in place since 1944.

x

Approval of the rezoning petition would help bring the gravel lot and drive aisle into
compliance with the Zoning Ordinance. The lot was installed to serve the commercial use.

The Planning Division recommends partial approval/denial of the Rezoning petition.
V. FINDINGS OF FACT
1. Comprehensive Plan. The Future Land Use Map (FLUM) from the Comprehensive Plan 20132030 recommends Low Density Residential uses for the properties. Low Density Residential
areas are dominated by single family detached housing at densities of up to four dwelling units
per acre. In addition to residential uses, they may include public and institutional uses
compatible in scale with single family residential homes. Private recreation uses, including
country clubs and swim and racquet clubs, and private open space are also appropriate for Low
Density areas. (p. 72)
2.

Zoning. The subject properties were annexed into the City in 1958. The existing R-2, LowMedium Density Residential District zoning was established in 1978. The existing B-3,
Community Business District zoning and B-3C, Community Business District (Conditional)
zoning was established in 2001.

Page 67 of 129

2

Planning Commission: Rezoning – Perimeter Roofing and Exteriors – July 8, 2026

The property owner was issued a zoning Notice of Violation (NOV) on October 3, 2025, for
installing a gravel parking area and drive aisle. The gravel area was installed to serve the
commercial use. It exceeds fifteen thousand (15,000) square feet and is located on 5612 & 5616
Edgewood Avenue, as well as the adjacent Norfolk Southern Railway property. The installation
of the gravel area was not approved in a site plan, did not receive permits or easements, does
not comply with previously approved proffers in the B-3C, Community Business District
(Conditional) area, and is partially located in an R-2, Low-Medium Density Residential District.
Previously approved proffers established in the 2001 zoning include:
1. The facility will be used for only one (1) Community Business Classification use to allow the
use as a floor covering sales, office, installation and storage facility.
2. All uses permitted by right in the B-1, Limited Business Classification will be permitted.
3. Employees and vendor parking will be restricted to the 16 spaces in the left side parking lot
area.
4. No outside storage will be permitted.
5. The retail sales will not be open to the public on Sundays."
6. The facility will be used in substantial accordance with the submitted site plan (titled
'Rezoning Plan for 5604 Edgewood Avenue,' by Hurt & Proffitt, dated October 9, 2001,
revised November 6, 2001).
7. Any dumpsters will be located on the side lot and screened from public view by a wooden
fence or evergreen landscaping.
3.

Proffers. The petitioner has voluntarily submitted the following proffer to replace the existing
proffers:
The Following B-3 permitted by-right uses are prohibited on these properties:
• Boarding House
• Rooming House
• Hotel, Motel, or Tourist Court
• Gasoline Service
• Light Auto Repair
• Heavy Auto Repair
• Furniture or Home Furnishings,
Hardware, Home Center, Lawn and
Garden Supplies, Department Store,
Warehouse Club or Superstore,
Electronics and Appliances
• Flea Markets and Thrift Stores
• Grocery Store, Supermarket, or Bakery,
Convenience Store, Specialty Food Stores
• Beer, Wine, and Liquor Store
• Pawn Shops
• Short-Term Loans
• Precious Metal Buyers

4.

• Copy Center, Private Mail Center,
Other Business Support Services
• Collection Agency
• Restaurants, Cafeterias, Snack Bars &
Catering
• Mobile Food Services
• Laundromat and Dry Cleaning
• Parking Lot and Parking Garage
• Licensed Massage Therapist
• Tattoo Parlor
• Adult Retail Establishment
• Animal Services
• Pet Cemetery
• Retail Courier and Package Delivery
• Commercial Amusements
• Country Club
• Outdoor Recreation
• Animal Production

Board of Zoning Appeals (BZA). The Zoning Administrator has determined that no
variances are needed for the development of the property as proposed.

Page 68 of 129

Planning Commission: Rezoning – Perimeter Roofing and Exteriors – July 8, 2026
5.

3

Surrounding Area. There have been several items requiring City Council approval in the
immediate area:
x
x
x

x
x

x

x

x

x
x
x

x

On February 22, 1979, Council approved the CUP petition of J.B. Forehand to allow a tire
store at 1005 Sheffield Drive.
On July 13, 1982, Council approved the CUP petition of Video Voyage, Inc. to operate a
game room at 2110 Wards Road.
On May 14, 1985, Council approved the rezoning petition of Dixie Bearings, Inc. to rezone
5604 Edgewood Avenue from R-2, Single-Family Residential District, to B-5C, General
Business District (Conditional) to allow the construction and operation of a wholesale
distribution center for industrial components with incidental retail sales.
On November 11, 1986, Council approved the CUP of Autolease, Inc. to allow the use of an
existing building and parking lot for automobile leasing at 2120 Wards Road.
On August 10, 1993, Council approved the rezoning petition of John C. and Claiborne W.
Harvey and Robert A. Conner to rezone 5400, 5414, 5416, 5502, 5508 Fort Avenue; 2009
Wards Road; 5600, 5602, 5604, 5605, 5609 Edinboro Avenue; and 5601 White Oak Drive
from B-3, Community Business District and R-2, Single-Family Residential District to B-3C,
Community Business District (Conditional) to allow for the construction and redevelopment
of a shopping center.
On August 10, 1993, Council approved the rezoning petition of Dixie Bearings, Inc. to
rezone 5604 Edgewood Avenue from B-5C, General Business District (Conditional) to B5C, General Business District (Conditional) to amend proffers and allow the construction of
an addition to an existing warehouse.
On May 12, 1998, Council approved the rezoning petition of ZP No. 20, LLC, to rezone
5605 Edinboro Avenue from B-3C, Community Business District (Conditional) to B-3C,
Community Business District (Conditional) to amend proffers and allow the construction of
a parking area.
On December 11, 2001, Council approved the rezoning petition of Jose Rioseco to rezone
5604 Edgewood Avenue from B-5C, General Business District (Conditional) to B-3C,
Community Business District (Conditional) to amend proffers and allow the operation of a
floor covering sales and installation business in an existing building.
On January 15, 2002, Council approved the rezoning petition of Carl and Ellen Sanders to
rezone 310 and 312 Border Street from I-2, Light Industrial District to B-3, Community
Business District (Conditional) to allow the operation of an ice cream parlor/restaurant.
On April 9, 2002, Council approved the CUP petition of Watts Petroleum Corporation to
allow a car wash at 2209 Wards Road.
On April 8, 2008, Council approved the rezoning petition of the Lynchburg Chamber of
Commerce to rezoned 310 and 312 Border Street from B-3, Community Business District
(Conditional) to B-3, Community Business District (Conditional) to allow the use of an
existing building as an office.
On April 9, 2013, Council approved the rezoning, CUP, and Future Land Use Map
amendment petitions of GDG Lynchburg Hotel LLC, at 2900 Candlers Mountain Road &
5212 Woodall Road. The property was rezoned from I-2, Light Industrial District to B-3C,
Community Business District (Conditional) to bring the existing hotel into compliance with
zoning. The CUP was issued to allow development of 5212 Woodall Road into a one
hundred fifty-six (156) unit apartment complex.

Page 69 of 129

Planning Commission: Rezoning – Perimeter Roofing and Exteriors – July 8, 2026
x
x

x

6.

4

On January 9, 2018, Council approved the rezoning petition of Sandpiper Hospitality V LLC
to rezone 310 and 312 Border Street to eliminate proffers and allow the construction of a
hotel and associated parking.
On May 11, 2021, Council approved the Future Land Use Map amendment and rezoning
petitions of R&P Kirkley LLC (Jimmy Ayers) at 2900 Candlers Mountain Road & 5212
Woodall Road. The property was rezoned from B-3C, Community Business District
(Conditional) to B-3C, Community Business District (Conditional) to amend proffers and
allow the existing building to be used as an age-restricted senior housing facility.
On September 10, 2024, Council approved the rezoning petition of Beacon Credit Union to
rezone 5114 & 5208 Woodall Road from I-2, Light Industrial District to B-5, General
Business District to allow the construction of an office building and parking to be used as
Corporate Headquarters.

Site Description. The property proposed for rezoning consists of approximately one and one
hundred three thousandths (1.103) acres located at 5612 & 5616 Edgewood Avenue.
The property at 5612 Edgewood Avenue contains an existing one-story, wood frame, shingle
roof, commercial building, constructed in 1985. The structure is approximately six thousand
seven hundred ninety-six (6,796) square feet in size and is currently occupied by Perimeter
Roofing and Exteriors. Approximately eight thousand nine hundred (8,900) square feet of
paving also existed prior to the addition of a gravel lot.
The property at 5616 Edgewood Avenue contains an existing one and a half story, wood frame,
vinyl siding, metal roof, single-family rental residence, constructed in 1944. The structure is
approximately one thousand four hundred seventeen (1,417) square feet in size.
Over fifteen thousand (15,000) square feet of gravel has been added at the rear of the subject
properties and on the adjacent railroad property to allow for additional parking and drive aisle.
The petitioner has a lease with Norfolk Southern Railway Company for limited use of the
railway property for this encroaching gravel lot.
The properties are bordered to the north by residential uses across Edgewood Avenue, to the
east by commercial uses, to the south by Norfolk & Southern Railway property, and to the west
by residential uses.

7.

Proposed Use of Property. If the petition is approved, the existing buildings and parking
areas would remain. According to the submitted narrative, both properties’ use will remain the
same as well. 5612 Edgewood Avenue is occupied by Perimeter Roofing and Exteriors and
5616 Edgewood Avenue is a rental residence. The continued use of the single-family residence
has not been proffered at this time.
A site plan will be required to address the installation of the gravel lot and drive aisle and bring
it into compliance with the Zoning Ordinance.

8.

Traffic, Parking and Public Transit. A transportation analysis was not required by the
City’s Transportation Engineer. The previously approved proffers for 5612 Edgewood Avenue
stated that "Employees and vendor parking will be restricted to the 16 spaces in the left side
parking lot area." The property was solely served by that parking area until the addition of the
gravel parking area at the rear and on the adjoining properties.
The site is not served directly by Greater Lynchburg Transit Company (GLTC). The closest bus
stop is one-quarter (0.25) of a mile away on Wards Road, served by Route 4.

Page 70 of 129

Planning Commission: Rezoning – Perimeter Roofing and Exteriors – July 8, 2026
9.

5

Stormwater Management. The site will be required to meet the Virginia Stormwater
Management Program for both stormwater quality and quantity. The submitted concept plan
does not indicate how this will be addressed. The submitted narrative indicates the developer is
evaluating methods for achieving compliance and will address this at the site plan phase. Best
Management Practices (BMPs) including dry swales, grass channels, level spreaders, and others
are being considered to meet the requirements.

10. Emergency Services: The City Fire Marshal and Police Department had no comments of
concern regarding the rezoning petition.
11. Impact. While the proposed use of the property at 5612 Edgewood Avenue does not agree
with the Future Land Use Map recommendation of Low Density Residential, the property has
been used commercially since 1985 when the existing structure was constructed. Perimeter
Roofing and Exteriors has occupied the space since 2019. The continued use of the property,
with the addition of the gravel parking lot, should have little to no negative impact on the
surrounding area; however, Planning staff has concerns regarding the expansion of commercial
zoning further into the existing residential neighborhood. Building, preserving, and
strengthening neighborhoods is a goal that is repeated throughout the Comprehensive Plan,
and the potential for further commercial development can alter the character and dynamic of a
neighborhood.
The property at 5616 Edgewood Avenue has been a residence since 1944, when the existing
structure was constructed. The continued use of the property as a rental residence would have
no negative impact on the surrounding area and would provide a buffer between the
commercial use and other residential uses in the area. The petitioner has submitted a voluntary
proffer to limit the B-3, General Business District uses permitted on the properties, but the
continued use of the structure as a residence has not been proffered at this time. If the rezoning
is approved, the residence could transition (or the site could be redeveloped) to one of the byright B-3, General Business District uses that is not proffered out. This would eliminate the
buffer between the commercial site and neighboring residences.
12. Technical Review Committee. The Technical Review Committee (TRC) reviewed the
petition on June 2, 2026. Compliance with the Zoning Ordinance, including buffering
requirements and stormwater management, would be addressed at the site plan phase.

VI. PLANNING DIVISION RECOMMENDATION
Based on the preceding Findings of Fact, the Planning Commission
recommends to City Council the following actions on the petitions of
Edgewood Commercial Properties LLC & Bentridge Properties LLC:
x Approval of the petition to rezone 5612 Edgewood Avenue from B-3,
Community Business District and B-3C, Community Business District
(Conditional) to B-3C, Community Business District (Conditional)
subject to the voluntarily submitted proffer; and
x Denial of the petition to rezone 5616 Edgewood Avenue from R-2,
Low-Medium Density Residential District and B-3C, Community
Business District (Conditional) to B-3C, Community Business District
(Conditional) subject to the voluntarily submitted proffer:

Page 71 of 129

Planning Commission: Rezoning – Perimeter Roofing and Exteriors – July 8, 2026

6

1. The Following B-3 permitted by-right uses are prohibited on these properties:
• Boarding House
• Rooming House
• Hotel, Motel, or Tourist Court
• Gasoline Service
• Light Auto Repair
• Heavy Auto Repair
• Furniture or Home Furnishings,
Hardware, Home Center, Lawn and
Garden Supplies, Department Store,
Warehouse Club or Superstore,
Electronics and Appliances
• Flea Markets and Thrift Stores
• Grocery Store, Supermarket, or
Bakery, Convenience Store, Specialty
Food Stores
• Beer, Wine, and Liquor Store
• Pawn Shops
• Short-Term Loans
• Precious Metal Buyers

• Copy Center, Private Mail Center,
Other Business Support Services
• Collection Agency
• Restaurants, Cafeterias, Snack Bars &
Catering
• Mobile Food Services
• Laundromat and Dry Cleaning
• Parking Lot and Parking Garage
• Licensed Massage Therapist
• Tattoo Parlor
• Adult Retail Establishment
• Animal Services
• Pet Cemetery
• Retail Courier and Package Delivery
• Commercial Amusements
• Country Club
• Outdoor Recreation
• Animal Production

This matter is respectfully offered for your consideration.

Rachel Frischeisen
City Planner
pc: Wynter Benda, City Manager
Greg Patrick, Deputy City Manager
Kent White, Assistant City Manager
Tom Martin, Director of Community Development
Matthew Freedman, City Attorney
J. Lee Newland, City Engineer
Cynthia Kozerow, Lynchburg Police Department
Candace Brown, Fire Marshal
Doug Saunders, Building Official
Kevin Henry, Zoning Administrator
Philip Pantana, Edgewood Commercial Properties LLC & Bentridge Properties LLC
Norman Walton, Jr., Perkins & Orrison, Inc.
VII. ATTACHMENTS
1. Zoning Map with Adjoining Property Owners
2. Future Land Use Map
3. Watershed Map
4. Planimetric and Topographic Map
5. Concept Plan
6. Narrative
7. Property Photograph

Page 72 of 129

Address
5616 EDGEWOOD AVE

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Parcel ID
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Page 73 of 129

5612 & 5616 Edgewood Avenue
Parcel ID
16103007
16103008
16103009
16103013
16103011
16003030
16003031
16003025
16003021
16003011
16003010
16003001
11601002
16004029
16004026
16004023
16004020
16004018
16004049
16004015
16004046
16004009
16004044
16004041
16004006
16004039
16002056
16002053
16003037

Address
1015 SHEFFIELD DR
1011 SHEFFIELD DR
1009 SHEFFIELD DR
1007 SHEFFIELD DR
1005 SHEFFIELD DR
5620 EDGEWOOD AVE
5624 EDGEWOOD AVE
5616 EDGEWOOD AVE
5612 EDGEWOOD AVE
5600 EDGEWOOD AVE
5580 EDGEWOOD AVE
2201 WARDS RD
1601 LIGGATES RD
5629 EDGEWOOD AVE
5625 EDGEWOOD AVE
5621 EDGEWOOD AVE
5617 EDGEWOOD AVE
5611 EDGEWOOD AVE
5628 KILLARNEY PL
5609 EDGEWOOD AVE
5624 KILLARNEY PL
2128 EDINBORO AVE
5622 KILLARNEY PL
5616 KILLARNEY PL
2124 EDINBORO AVE
5612 KILLARNEY PL
2133 EDINBORO AVE
2125 EDINBORO AVE
5632 EDGEWOOD AVE

Owner
HENDRICK, MARK E
WRIGHT, JOHN LEON & LINDA CLAY
KINZER, JOHN M JR & SANDRA W
WOOD, MICHAEL E & LINDA N
KRD ENTERPRISES LLC
SCANLONG, JAMES F IV & CRYSTAL L
CLARK, JACKSON DAVID & MAYS, JESSICA HILL
BENTRIDGE PROPERTIES LLC
EDGEWOOD COMMERCIAL PROPERTIES LLC
DANIEL, LARRY R & JUDITH M CO-TRS
SOVRAN BANK N A
C/O BANK OF AMERICA NC1-001-03-81
SOVRAN BANK N A
C/O BANK OF AMERICA NC1-001-03-81
NORFOLK & SOUTHERN RAILWAY
WATTS, DEBRA H
SIMONTON RENTAL PROPERTIES LLC
STOLL, THOMAS G JR
CARWILE, JOHN RUCKER & PARKER, BRENDA CARWILE
DALTON HOMES LLC
CYRUS, ROBERT F & JULIA G
MOORE, JOSHUA MICHAEL & RACHEL
HUDSON, DANIEL J & NANCY H C/O DENNIS HIGHT
WILLIAMS, ARTHUR N
BEELER PROPERTIES 5 LLC
COOKS, GESSIAH
MURRELL, LISA R
PREMIER INVESTMENTS GROUP LLC
CORDOVA, MARIA L & LOPEZ, ANTHONY & LOPEZ, ALONZO B
MADI & RAE LLC
MCLANE, CURTIS S

Page 74 of 129

Address
5616 EDGEWOOD AVE

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Page 75 of 129

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Page 76 of 129

Address
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Page 77 of 129

PO BOX 1567 17 W. NELSON STREET
LEXINGTON, VIRGINIA 24450
PHONE: 540-464-9001 FAX: 540-464-5009
EMAIL: [email protected]

CITY OF LYNCHBURG, VIRGINIA

317 BROOK PARK PL
FOREST, VIRGINIA 24551
PHONE: 434-525-5985 FAX: 434-525-5986

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5616 EDGEWOOD AVE
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PERIMETER ROOFING
AND EXTERIORS

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SHEET NO.

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Page 78 of 129

PO BOX 1567 17 W. NELSON STREET
LEXINGTON, VIRGINIA 24450
PHONE: 540-464-9001 FAX: 540-464-5009
EMAIL: [email protected]
317 BROOK PARK PL
FOREST, VIRGINIA 24551
PHONE: 434-525-5985 FAX: 434-525-5986

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5616 EDGEWOOD AVE
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LYNCHBURG, VA

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AND EXTERIORS

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LANDSCAPE PLAN
0

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40

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1"=40'

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Page 79 of 129

17 W. Nelson Street
Lexington, Virginia 24450

317 Brook Park Place
Forest, Virginia 24551

540-464-9001

434-525-5985

[email protected]
June 15, 2026
Rachel Frischeisen
City Planner
City of Lynchburg, Dept. of Community Development
900 Church Street
Lynchburg, VA 24504
RE:

Rezoning Narrative
5612 & 5616 Edgewood Ave, Lynchburg

Dear Mrs. Frischeisen,
This request is submitted on behalf of Edgewood Commercial Properties, LLC (the “Developer”).
The Developer requests rezoning of the subject property to remove proffers associated with a
previous rezoning that are no longer applicable; add proffers to assure the properties are
neighborhood friendly uses in the future; and make the properties compliant with the zoning
ordinance based on recently completed construction.
The property is currently occupied by Perimeter Roofing and Exteriors on 5612 Edgewood Avenue
and a residence (rental) as the primary use on 5616 Edgewood Avenue.
Proffers for the development are provided in a separate letter.
The owner intends for the house at 5616 Edgewood Avenue to remain a rental residence. There
are no plans to convert the house to any business use. Portions of the existing access drives and
graveled parking area have extended onto this parcel. The access aisle portion of the property was
previously zoned B-3, as the property was formerly dual-zoned.
The graveled area located on the railroad property is permitted under a lease agreement with
Norfolk Southern, signed by Norfolk Southern on April 14, 2026. A copy of that agreement is
included with the application package.
We are evaluating methods for achieving stormwater management compliance on this property.
Several BMPs are being considered including dry swales, grass channels, level spreaders, and
other BMPs. Once the rezoning is complete, a site plan will be submitted to address stormwater
management compliance with City Ordinances and State Code. I believe that this may be an
iterative design with consultation with the City in order to assure conformance with codes, but also
an appropriate and compliant approach with long-term stormwater maintenance, in conformance
with the City’s stormwater maintenance agreement documentation.

Page 80 of 129

The subsequent site plan will also address other aspects of the zoning ordinance that need to be
addressed such as sidewalks, buffering, landscaping, etc.
Should you have any questions or need additional information regarding this submission, please
do not hesitate to contact me.
Sincerely,

Norman B. Walton, Jr., P. E.
Perkins & Orrison, Inc.

Page 81 of 129

Page 82 of 129

Page 83 of 129

City Council
Agenda Item IV.5.
Action

AGENDA ITEM SUMMARY
MEETING DATE

PRESENTED BY

October 13, 2026

Michelle White, Budget Analyst

AGENDA ITEM # IV.5
Consideration of introducing Ordinance #O-26-___ approving the FY 2026 Fourth Quarter and
Ordinance #O-26-___ approving the FY 2027 First Quarter Adjustments.
RECOMMENDATION
Following two public hearings:
Adopt an ordinance amending the FY 2026 Operating Budget and appropriating funds to reflect the
FY 2026 Fourth Quarter Adjustments as listed in Attachment A.
Adopt an ordinance amending the FY 2027 Operating and Capital Budgets and appropriating funds
to reflect the FY 2027 First Quarter Adjustments as listed in Attachment B.
SUMMARY
The General, City/Federal/State Aid, Children’s Services Act (CSA), Risk Management, and Fleet
Services Funds are amended to reflect the FY 2026 Fourth Quarter Adjustments.
The General, City/Federal/State Aid, Forfeited Assets, Technology, Fleet Services, City Capital
Projects, Schools Capital Projects, and Airport Capital Projects Funds are amended to reflect the FY
2027 First Quarter Adjustments.
PRIOR ACTION(S)
June 30, 2025: City Council, Adoption of the FY 2026 Operating and Capital Budgets
October 14, 2025: City Council, FY 2026 First Quarter Adjustments adoption
May 26, 2026: City Council, FY 2026 Third Quarter Adjustments adoption
May 26, 2026: City Council, Adoption of the FY 2027 Operating (excluding Discretionary
External Service Providers, Water Fund, and Stormwater Fund) and Capital
Budgets
June 9, 2026: City Council, Adoption of the FY 2027 Discretionary External Service
Providers, Water Fund Operating, and Stormwater Fund Operating
Budgets
September 22, 2026: Finance Committee Meeting
FISCAL IMPACT

Page 84 of 129

As noted on Attachments A and B.
CONTACT(S)
Michelle White, Budget Analyst
ATTACHMENT(S)
1.
2.

ORDINANCE FY 2026 Fourth Quarter Adjustments
ORDINANCE FY 2027 First Quarter Adjustments

REVIEWED BY

Date: September 23, 2026
Reid Lanham, Interim Director of Financial Services

Date: October 08, 2026
Gregory Patrick, Deputy City Manager

Date: October 08, 2026
Alicia Finney-Andrews, Clerk of Council

Page 85 of 129

ORDINANCE:

#O-26-___

AN ORDINANCE TO AMEND THE FY 2026 ADOPTED BUDGET AND APPROPRIATE FUNDS TO REFLECT
THE FOURTH QUARTER ADJUSTMENTS IN THE GENERAL, CITY/FEDERAL/STATE AID, CHILDREN'S
SERVICES ACT (CSA), RISK MANAGEMENT, AND FLEET SERVICES FUNDS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNCHBURG that the FY 2026 Adopted Budget is
amended and funds are appropriated to reflect the Fourth Quarter Adjustments in the General, City/Federal/State
Aid, Children’s Services Act (CSA), Risk Management, and Fleet Services Funds as reflected in Attachment A,
attached hereto.
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF LYNCHBURG that the said funds shall be
used as identified in Attachment A.
Introduced:

Adopted:

Certified: _____________________________
Clerk of Council

Page 86 of 129

ORDINANCE:

#O-26-___

AN ORDINANCE TO AMEND THE FY 2027 ADOPTED BUDGET AND APPROPRIATE FUNDS TO REFLECT
THE FIRST QUARTER ADJUSTMENTS IN THE GENERAL, CITY/FEDERAL/STATE AID, FORFEITED
ASSETS, TECHNOLOGY, FLEET SERVICES, CITY CAPITAL PROJECTS, SCHOOL CAPITAL PROJECTS,
AND AIRPORT CAPITAL PROJECTS FUNDS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNCHBURG that the FY 2027 Adopted Budget is
hereby amended and funds are appropriated to reflect the First Quarter Adjustments in the General,
City/Federal/State Aid, Forfeited Assets, Technology, Fleet Services, City Capital Projects, Schools Capital
Projects, and Airport Capital Projects Funds as reflected in Attachment B, attached hereto.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNCHBURG that the said funds shall be used as
identified in Attachment B.
Introduced:

Adopted:

Certified: _____________________________
Clerk of Council

Page 87 of 129

Page 88 of 129

Page 89 of 129

Page 90 of 129

Page 91 of 129

Public Comment Sign-Up
09/22/2026 10:19 PM (EDT)

Public Comment Sign-Up
Clerk of Council
City Hall
900 Church Street - Lynchburg, VA 24504
Phone: (434) 455-3990
Email: [email protected]

Purpose

Public Comment shall be for the purpose of allowing members of the public to present any matter, which, in their
opinion, deserves the attention of the Council. They shall not serve as a forum for debate with the Council.

Prerequisites

You must acknowledge the following to continue with the sign-up request:

Acknowledgement - Decorum and
Prohibited Content

I acknowledge that I have read the following statement: All persons
appearing before the Council or in the Council Chamber while a meeting of
the Council is in session will not be allowed to: campaign for public office;
promote private business ventures; use profanity or vulgar language or
gestures; use language which insults or demeans any person or which, when
directed at a public official or employee, is not related to his or her official
duties, however, citizens have the right to comment on the performance,
conduct, and qualifications of public figures; make non-germane or frivolous
statements; interrupt other speakers or engage in behavior that disrupts the
meeting, including but not limited to, applause, cheers, jeers, etc.; engage in
behavior that intimidates others; or, address the Council on issues that do not
concern the services, policies, or affairs of the Council or the City.

Requirements

Remarks shall be addressed directly to the Council and not to City staff, the audience, or the media.

Eligibility

The deadline for sign-up is the Friday preceding the Council meeting by noon.
You must acknowledge the following to continue with the sign-up request:

Acknowledgement - Three (3)
Month Rule

Submission ID: 03271935-2f40-4946-a2f4-66ead4751d33

I acknowledge that I have read the following statement: Once the Council has
heard a presentation from an individual or organization on a particular
subject, the individual or organization may not make another presentation on

Page 1/2
Page 92 of 129

the same subject within three (3) months of the first presentation, except by a
majority vote of the Councilmembers present and voting.

First Name

Jennifer

Last Name

Witt

Name of group represented. *If
speaking on behalf of yourself,
enter n/a.

N/a

Locality of Residence (Address or
Location)

Ward 2

Email

[email protected]

Phone

8162954205

Before choosing, please click here to verify the Council Meeting date on our
website.

Council Meeting
Topic of Discussion

Submission ID: 03271935-2f40-4946-a2f4-66ead4751d33

10/13/2026
My pronouns are Epstein victim/Veteran. Advocacy for human trafficking victims
and what is being done about police brutality and the Patriot Front.

Page 2/2
Page 93 of 129

Public Comment Sign-Up
10/05/2026 8:17 PM (EDT)

Public Comment Sign-Up
Clerk of Council
City Hall
900 Church Street - Lynchburg, VA 24504
Phone: (434) 455-3990
Email: [email protected]

Purpose

Public Comment shall be for the purpose of allowing members of the public to present any matter, which, in their
opinion, deserves the attention of the Council. They shall not serve as a forum for debate with the Council.

Prerequisites

You must acknowledge the following to continue with the sign-up request:

Acknowledgement - Decorum and
Prohibited Content

I acknowledge that I have read the following statement: All persons
appearing before the Council or in the Council Chamber while a meeting of
the Council is in session will not be allowed to: campaign for public office;
promote private business ventures; use profanity or vulgar language or
gestures; use language which insults or demeans any person or which, when
directed at a public official or employee, is not related to his or her official
duties, however, citizens have the right to comment on the performance,
conduct, and qualifications of public figures; make non-germane or frivolous
statements; interrupt other speakers or engage in behavior that disrupts the
meeting, including but not limited to, applause, cheers, jeers, etc.; engage in
behavior that intimidates others; or, address the Council on issues that do not
concern the services, policies, or affairs of the Council or the City.

Requirements

Remarks shall be addressed directly to the Council and not to City staff, the audience, or the media.

Eligibility

The deadline for sign-up is the Friday preceding the Council meeting by noon.
You must acknowledge the following to continue with the sign-up request:

Acknowledgement - Three (3)
Month Rule

Submission ID: 1935b757-31c9-4f05-b69d-18ca273b20a5

I acknowledge that I have read the following statement: Once the Council has
heard a presentation from an individual or organization on a particular
subject, the individual or organization may not make another presentation on

Page 1/2
Page 94 of 129

the same subject within three (3) months of the first presentation, except by a
majority vote of the Councilmembers present and voting.

First Name

Consuela

Last Name

Mosley

Name of group represented. *If
speaking on behalf of yourself,
enter n/a.

N/A

Email

[email protected]

Phone

4343632153

Before choosing, please click here to verify the Council Meeting date on our
website.

Council Meeting

10/13/2026

Topic of Discussion

Accountability of CPS workers/ unlicensed Foster Care Workers

Submission ID: 1935b757-31c9-4f05-b69d-18ca273b20a5

Page 2/2
Page 95 of 129

10/7/26, 10:45 AM

Sent Items - Krista Gudinas - Outlook

Outlook
Re: Re-sent: Public comment
From Krista Gudinas <[email protected]>
Date Wed 10/7/2026 10:44 AM
To

JEFF ROSNER <[email protected]>

Cc

Finney-Andrews, Alicia <[email protected]>

Hi Jeff,
Confirming you are on the agenda for the 7pm City Council meeting on October 13th.
Thank you,

From: JEFF ROSNER <[email protected]>
Sent: Wednesday, October 7, 2026 9:48 AM
To: Finney-Andrews, Alicia <[email protected]>; Krista Gudinas
<[email protected]>
Cc: JEFF ROSNER <[email protected]>
Subject: Re-sent: Public comment
CAUTION: External Sender

Sorry, I had used an old email address.
On 10/07/2026 9:42 AM EDT JEFF ROSNER <[email protected]> wrote:

Please add to the agenda of the 7:00 PM October 13 City Council meeting my public
comment on the topic of "The City Council candidate debate". I am a resident of
Lynchburg.
Thank you.
From Jeff Rosner

https://outlook.cloud.microsoft/mail/0/sentitems/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWg0ABo0g88mpf0Okdy5VY6EewAAA9hTzsAAA?…

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City Council
Agenda Item VI.11.
Action

AGENDA ITEM SUMMARY
MEETING DATE

PRESENTED BY

October 13, 2026

Kent White, Assistant City Manager

AGENDA ITEM # VI.11
Consideration of introducing Resolution #R-26-___ amending the FY 2027 City/Federal/State Aid
Fund budget and appropriating $62,377 to provide staffing to assist with drug testing enhancement,
training and client support for the Lynchburg Adult Recovery Court docket.
RECOMMENDATION
Adopt a resolution to amend the FY 2027 City/Federal/State Aid Fund budget and appropriate
$62,377 with resources of $62,377 from the Department of Criminial Justice Services Byrne State
Crisis Intervention Grant to provide staffing to assist with drug testing enhancement, training and
client support for the Lynchburg Adult Recovery Court docket.
SUMMARY
This Byrne State Crisis Intervention Grant provides funding for a part-time probation officer to assist
with drug testing enhancement, equipment, training, client materials and transportation services to
the Lynchburg Adult Recovery Court docket. The term of the grant is from July 1, 2026 through
September 30, 2027 and there is no match required.
PRIOR ACTION(S)
September 22, 2026: Finance Committee
FISCAL IMPACT
N/A - No local match required
CONTACT(S)
Taylor Jones, Adult Recovery Court Program Director
Kent White, Assistant City Manager
ATTACHMENT(S)
1.
2.

Resolution - Lynchburg Recovery Court - Byrne State Crisis Intervention Grant Award
Grant Award Notification

REVIEWED BY

Page 101 of 129

Date: October 01, 2026
Taylor Jones, Adult Recovery Court Program Director

Date: October 01, 2026
Kent White, Assistant City Manager

Date: October 08, 2026
Alicia Finney-Andrews, Clerk of Council

Page 102 of 129

RESOLUTION:
BE IT RESOLVED that the FY 2027 City/Federal/State Aid Fund budget is amended and $62,377 is
appropriated with resources of $62,377 from the Department of Criminal Justice Services Byrne State Crisis
Intervention Grant to provide staffing to assist with drug testing enhancement, training and client support for
the Lynchburg Adult Recovery Court docket.
Introduced:
Certified:

Adopted:
_________________________________
Clerk of Council

Page 103 of 129

September 4, 2026
Wynter Benda
City Manager
900 Church Street
Lynchburg,VA 24504
RE: Byrne SCIP SFY2027
Dear Wynter Benda:
We are pleased to inform you that your organization has been awarded a grant under the funding opportunity listed
above. Your DCJS grant award number is 27- 570503-BS23 and was approved for a total budget of $62,377, through
federal funding. The project period is 7/1/2026 through 9/30/2027.
Included with this letter is your Statement of Grant Award/Acceptance (SOGA), Special Conditions, Reporting
Requirements, and Projected Due Dates. Please review these materials carefully. In addition, there may
be Encumbrances, action items related to your grant award, that require your immediate attention. If applicable, these
must be addressed and submitted through the On-line Grants Management System (OGMS) at
https://ogms.dcjs.virginia.gov.
We are committed to supporting you throughout the life of your grant and are available to assist in any way to help
ensure your project’s success. To formally accept the award and its conditions, please sign the enclosed Statement of
Grant Award/Acceptance (SOGA) and return it electronically within 60 days to [email protected]. If you
have questions, contact your DCJS Grant Monitor Patricia Shaw at (804) 908-1749 or via email at
[email protected].
Sincerely,

Ashaki McNeil
Director

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STATEMENT OF GRANT AWARD (SOGA)

Virginia Department of Criminal Justice Services
1100 Bank Street, 12th Floor
Richmond, VA 23219
Byrne SCIP SFY2027
DCJS Grant Information

Please note grant awards are contingent on the availability of funding.

Subgrantee:

Lynchburg, City

DCJS Grant Number:

27- 570503-BS23

UEI Number:

TFEAS9D28828

Indirect Cost Rate*:

%

Grant Start Date:

7/1/2026

Grant End Date:

9/30/2027

Federal Grant Information
Federal Award Number:

15PBJA-23-GG-00037-BSCI

Federal Award Amount:

Assistance Listing Title:

Edward Byrne Memorial Justice Assistance Grant Program

Assistance Listing Number:

16.738

Project Description

To enhance existing gun violence intervention and prevention programs and to implement new measures designed to
provide additional resources.

Federal Awarding Agency:

BJA

$5,081,671

Federal Start Date:

10/1/2022

Award Amounts
Federal Funds:

$62,377

State General Funds:

$ 0

State Special Funds:

$ 0

Local Match:

$ 0

TOTAL BUDGET:

$62,377

Authorized Officials
Project Director

Project Administrator

Taylor Jones
Program Director
900 Court Street
Lynchburg, VA 24504
434-455-2741
[email protected]

Wynter Benda
City Manager
900 Church Street
Lynchburg, VA 24504
434-455-3990
[email protected]

Finance Officer
Donna Witt
Chief Financial Officer
900 Church Street
Lynchburg, VA 24504
434-455-3968
[email protected]

*If applicable, please indicate your Indirect Cost Rate in the space provided and attach written documentation if not using the de minimis.
As the duly authorized representative, the undersigned, having received the Statement of Grant Awards (SOGA) and reviewing the Special
Conditions, hereby accepts this grant and agrees to the conditions and provisions of all other Federal and State laws and rules and regulations that
apply to this award. If there has been a change in an authorized official, cross out the information on the document and write the new contact
information. Do not electronically alter this document.
Signature:

Authorized Official (Project Administrator)

Title:
Date:

Page 105 of 129

City Council
Agenda Item VI.12.
Action

AGENDA ITEM SUMMARY
MEETING DATE

PRESENTED BY

October 13, 2026

Joseph Newland, City Engineer

AGENDA ITEM # VI.12
Consideration of adopting Resolution #R-26-___ endorsing the limited access control changes for
the 501-221 Split Pair project.
RECOMMENDATION
Approve the attached Resolution
SUMMARY
Staff will present new boundaries for limited access for the 501-221 split pair project. Boundaries
have been finalized for consideration and approval of the Resolution. The Resolution will be
considered by the Commonwealth Transportation Board at their December meeting.
PRIOR ACTION(S)
Presented at the Physical Development Committee on September 8, 2026
FISCAL IMPACT
None
CONTACT(S)
Gaynelle Hart, Director of Public Works
Joseph Newland, City Engineer
ATTACHMENT(S)
1.
2.

501/221 LAC Final
Limited Access Resolution

REVIEWED BY

Date: October 06, 2026
Gaynelle Hart, Director of Public Works

Page 106 of 129

Date: October 08, 2026
Gregory Patrick, Deputy City Manager

Date: October 08, 2026
Alicia Finney-Andrews, Clerk of Council

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501/221 LIMITED ACCESS CONTROL
Public Works

October 13, 2026

Page 108 of 129

HISTORY
• Preliminary plans for this project were started by VDOT in the 60s.
• In 1970, the Highway Commission (predecessor to the Commonwealth Transportation
Board) created Limited Access Control (LAC) lines around portions of the roadway and
parcels that VDOT had acquired.
• LAC is defined in the Code of Virginia Section 33.2-400. Basically, it restricts any abutting
property from having access to the adjoining roadway in any form.
• The project started in Campbell County and continued after the City’s annexation in 1976.
• In 1983, these LAC lines were adjusted as VDOT expanded the project to a full cloverleaf
interchange.
• VDOT validated the project with a study in 2002.

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MORE HISTORY
• The City restudied the project area in 2005-2006 and reviewed 10 options.
• After City Council reviewed the report, they voted to proceed with Option 4, the split
pair concept.
• This concept allowed the greatest potential for economic development.
• Preliminary design started in 2014 after Council allocated funds in the Capital
Improvement Budget.

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FAST FORWARD TO 2026
• The LAC lines that were established by the Commonwealth Transportation Board in the
70s and 80s are still in place for a full cloverleaf interchange.
• The project concept changed in 2007.
• Commercial properties exist in the area and the LAC lines now need to be
corrected/changed.
• This needs to happen because the abutting properties do not have legal rights to access
the roads.
• The LAC lines can only be changed by the Commonwealth Transportation Board action,
and they require a resolution from the governing body to consider any changes.

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RESEARCH
• Staff painstakingly reviewed and re-created the lines for both the 1970 and the 1983
plans and have shown them on the below map.

Page 112 of 129

PROPOSED
• Staff has proposed
the draft location
of the new lines.
• Included is a
designation of City
Managed Access
Control.
• These are
managed by Public
Works and will
protect traffic flow
and the safety of
the traveling
public.
Page 113 of 129

RECOMMENDATION
• Approve resolution at the October 13, 2026, regular Council meeting

Page 114 of 129

501/221 INTERSECTION
• Total cost: ~$95 million
• Funding: Additional $24.5M from Federal
BUILD grant was announced on July 6th.
• Anticipated construction start: Early 2029
• Anticipated construction finish: 2031
• Phase: Design

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A RESOLUTION BY THE COUNCIL OF THE CITY OF LYNCHBURG, VIRGINIA,
ENDORSING THE LIMITED ACCESS CONTROL CHANGES FOR THE 501/221 SPLIT PAIR PROJECT
Project U000-118-286, PE-101, RW-201, C-501
UPC #113116
WHEREAS, in accordance with Code of Virginia Section 33.2-401 the Commonwealth Transportation Board
has the power and authority to designate and regulate the use of limited access highways, it is necessary that
a resolution of support be received from the local jurisdiction requesting the Commonwealth Transportation
Board to concur with the Virginia Department of Transportation recommendations to modify/change the limited
access lines for the above project in the City of Lynchburg.
NOW, THEREFORE, BE IT RESOLVED, that the City of Lynchburg does support and requests the
Commonwealth Transportation Board to modify/change the limited access lines for the above project.
BE IT FURTHER RESOLVED THAT: The City of Lynchburg requests that the City’s managed access control
lines be allowed instead of limited access lines on the interior roadways whereby the City will not allow any
new commercial access along these lines.
BE IT FURTHER RESOLVED THAT: The City of Lynchburg hereby also requests that pedestrian facilities
(sidewalks and shared use paths) be allowed within the limited access lines as the City of Lynchburg is an
urban setting and promotes a walkable community.
BE IT FURTHER RESOLVED THAT: The City of Lynchburg hereby also requests that the limited access
fencing requirement be abolished since the project is within the City of Lynchburg, an urban setting, and
fencing would not be appropriate to the view shed.
Adopted:
Certified: ____________________________
Clerk of Council

Page 116 of 129

City Council
Agenda Item VI.13.
Action

AGENDA ITEM SUMMARY
MEETING DATE

PRESENTED BY

October 13, 2026

Mercedes Braun, Assistant to the City
Manager

AGENDA ITEM # VI.13
Consideration of adopting Resolution #R-26-___ approving the City's 2027 Legislative Agenda.
RECOMMENDATION
The recommendation is that Council approve the items listed in the 2027 Legislative Agenda and
then the entire 2027 Legislative Agenda, as amended, as a whole.
SUMMARY
Staff will engage City Council on the requested additions, edits and changes to the presented 2027
Legislative Agenda. The City Council has requested to vote on each item individually and then the
document as a whole.
PRIOR ACTION(S)
FISCAL IMPACT
CONTACT(S)
Mercedes Braun, Assistant to the City Manager
ATTACHMENT(S)
1.
2.

RESOLUTION 2027 Legislative Agenda
2027 Legislative Agenda - GB DRAFT - 10.13.2026

REVIEWED BY

Date: October 07, 2026
Wynter Benda, City Manager

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Date: October 08, 2026
Alicia Finney-Andrews, Clerk of Council

Page 118 of 129

RESOLUTION:

#R-26-___

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LYNCHBURG that the City of Lynchburg’s 2027
Legislative Agenda is hereby adopted. The Clerk of Council shall forward a copy to the City of
Lynchburg’s representatives in the Virginia General Assembly for information and use, as appropriate,
during the 2026 session(s) of the Virginia General Assembly

Adopted: ______________________________________

Certified: ______________________________________

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2027 Lynchburg City Council Legislative Priorities
This 2027 Legislative Agenda highlights state mandates and legislative actions that create significant
financial, operational and policy impacts for the City of Lynchburg and other local governments, often
without adequate local input, flexibility, or funding.
The Lynchburg City Council asks members of the General Assembly and the City’s state legislative
delegation to consider these priorities as they develop, evaluate and vote on legislation during the 2027
General Assembly Session:

INFRASTRUCTURE

COMBINED SEWER OVERFLOW CONSENT ORDER AND SANITARY SEWER OVERFLOWS
The Combined Sewer Overflow (CSO) Consent Order requires adherence to the City’s Long-Term Control
Plan, financial compliance, annual reporting, and ultimately post-construction monitoring. Funding has
been awarded to complete the current program; however, the costs associated with post-construction
monitoring remain unknown. Lynchburg is one of only three Virginia cities operating under a CSO Consent
Order. The General Assembly should consider the unique financial obligations placed on these
communities and ensure sufficient funding is available through project completion and the required postconstruction monitoring period.
In addition, aging sewer infrastructure requires continued rehabilitation to reduce sanitary sewer
overflows (SSOs) and Infiltration and Inflow (I/I). Emergency response requirements for containment and
cleanup, reporting obligations, and any required corrective action plans can create significant costs for
local utilities. The Commonwealth should provide ongoing capital funding to assist localities with these
regulatory and infrastructure demands.
State funding should also support regular sewer system inspections and condition assessments, asset
management planning, major rehabilitation and replacement projects, and streambank stabilization
projects necessary to protect utility infrastructure. These aging systems require substantial and ongoing
capital investment to maintain reliability, protect public health and the environment, and remain in
compliance with state and federal requirements.

EXPANDING TRANSPORTATION FUNDING BEYOND MAJOR VIRGINIA CITIES (2026)
The Lynchburg City Council urges the General Assembly to ensure transportation funding supports all
regions of the Commonwealth, not just Northern Virginia, Richmond and Hampton Roads. The SMART
SCALE process, established under Code of Virginia §§ 33.2-370 and 33.2-371, was created to allocate
limited transportation dollars based on objective measures of need and benefit. However, the current
scoring structure heavily emphasizes congestion mitigation and traffic volume, factors that naturally favor
larger metropolitan areas with high population density and existing infrastructure saturation. Under
SMART SCALE’s benefit-cost scoring formula, projects are evaluated using weighted factors that include
Safety, Congestion Mitigation, Accessibility, Economic Development, Land Use and Environmental Quality.
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2027 Lynchburg City Council Legislative Priorities
Each factor carries different weight depending on the region’s typology classification. In higher-density
regions, congestion mitigation can account for up to 45% of a project’s score, while in smaller and rural
regions, factors such as Safety and Economic Development carry more weight but often struggle to
overcome the formula’s inherent emphasis on traffic volume and throughput. As a result, smaller and
mid-sized localities like Lynchburg are often disadvantaged despite facing substantial infrastructure and
safety needs. Projects that improve roadway safety, bridge maintenance, multimodal access and
economic connectivity frequently score lower under current formulas simply because they do not serve
the same volume of commuters as projects in the state’s largest regions. Reforming the SMART SCALE
funding formula to better reflect regional equity, safety priorities and infrastructure sustainability would
allow communities like Lynchburg to compete more fairly, address critical infrastructure deficiencies and
fully contribute to Virginia’s balanced and interconnected economic growth.

EXPANSION OF LOCAL ZONING AUTHORITY (2026)
The Lynchburg City Council supports clarifying and expanding local authority under the Code of Virginia,
Title 15.2, Chapter 22 (Zoning). Local governments do not possess inherent zoning powers; authority is
limited to that expressly granted by the General Assembly through the Dillon Rule. Current provisions,
including §§ 15.2-2280 through 15.2-2287 (grant of power, purposes, procedures, and enforcement) and
§§ 15.2-2296 through 15.2-2316.6 (conditional zoning, proffers, nonconforming uses and state
preemptions on wireless, solar, and energy facilities), narrowly reflect the ability to choose by local elected
boards. This structure restricts flexibility for localities to respond to its unique community needs and
changing development pressures. Expanding local zoning authority would allow municipalities to create
ordinances that better reflect local priorities while maintaining consistency with state law.
OPPOSITION TO MANDATED ENERGY REQUIREMENTS WITHOUT LOCALITY INPUT (2026)
The Lynchburg City Council opposes state mandates that restrict local authority in land use and energy
policy decisions, including limitations on zoning for energy storage facilities and the imposition of uniform
“green standards” without regard to local conditions. Local Zoning Authority: Under the Code of Virginia,
Title 15.2, Chapter 22 (§§ 15.2-2280 et seq.), localities are expressly empowered to adopt zoning
ordinances to protect health, safety and welfare. Preemptions embedded in state law, such as §§ 15.22316.2 (wireless facilities) and 15.2-2316.6 et seq. (renewable energy projects), erode local authority and
force communities into a uniform approach, disregarding community needs or local landscape. Energy
Standards: Mandated environmental or construction requirements that disregard local fiscal capacity and
infrastructure needs increase costs, reduce flexibility and undermine local innovation. The City maintains
that decisions about zoning, energy infrastructure and sustainability standards must remain in the power
of local governing bodies and enforced and monitored by the City Manager, or his designee. Statewide
mandates that favor certain regions or industries come at the expense of balanced planning, economic
competitiveness and fiscal responsibility in communities like Lynchburg. Preserving local discretion
ensures that energy and environmental policy is implemented responsibly and reflects the needs of the
people most directly affected.

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2027 Lynchburg City Council Legislative Priorities
SIGNIFICANT FINANCIAL AND REGULATORY IMPACTS TO WATER SERVICES AND UTILITIES
Water, wastewater, and stormwater utilities are heavily regulated by state and federal governments. The
cumulative effect of these regulations results in significantly higher operational costs, increased staffing
needs, and substantial infrastructure investments.
The Virginia General Assembly should avoid enacting new legislation that circumvents or duplicates
existing regulatory processes and should adequately fund the Water Quality Improvement Fund,
Stormwater Local Assistance Fund, and Virginia Department of Health Office of Drinking Water programs.
The state should also recognize the significant financial impact that existing and emerging mandates place
on local governments and their utility systems.
Several regulatory requirements currently affect the City of Lynchburg’s Capital Improvement Program
and are expected to continue having substantial financial impacts over the next decade. These include
lead service line inventory and replacement requirements under the Lead and Copper Rule; monitoring
for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS), as well as potential future treatment upgrades;
and compliance with Municipal Separate Storm Sewer System (MS4) permit requirements, including
public education, illicit discharge detection, inspections, monitoring, and reporting.
In addition, Total Maximum Daily Load (TMDL) requirements for the James River and Chesapeake Bay
require ongoing investment in stormwater infrastructure and capital projects. Compliance with these and
other requirements also requires utilities to maintain appropriate staffing, licensing, certifications,
monitoring, reporting, and technical expertise.
Additional regulatory impacts include the PFAS Drinking Water Rule, Water Supply Planning Regulations,
Chesapeake Bay nutrient reduction requirements, biosolids regulations, and updates to industrial
pretreatment programs. While some of these requirements originate at the federal level, the
Commonwealth plays a significant role in their administration and enforcement and in directing available
state and federal funding to affected localities.
Of the unfunded mandates the Lead and Copper Rule has the most significant future impact. The City of
Lynchburg estimates up to $40 million total. While about $25 million has been received to date, including
a combination of loans and principal forgiveness, we will still need more in the future. So far, the funding
has been awarded by VDH and has been from the federal Bipartisan Infrastructure Law (BIL) funding, but
that funding will terminate at the end of this year.
Lynchburg Water Resources utility rates help support the costs associated with these mandates; however,
ratepayers should not be expected to bear the full financial burden of increasingly complex state and
federal requirements. Additional state financial assistance for infrastructure, staffing, regulatory
compliance, and program implementation is necessary to help localities meet these obligations while
maintaining affordable and reliable water, wastewater, and stormwater services.

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2027 Lynchburg City Council Legislative Priorities
PUBLIC SAFETY

ADMINSTRATIVE REQUIREMENTS
Virginia's Freedom of Information Act, Code of Virginia § 2.2-3700 et seq., continues to impose increasing
administrative responsibilities on local law enforcement agencies through expanded response,
documentation,
retention,
and
records
management
requirements.
Although
transparency remains essential, these mandates require significant staff time, legal review, and
technology resources without accompanying state funding. As additional reporting and recordproduction obligations are considered, the Commonwealth should provide financial assistance to offset
the administrative burden placed on local agencies. (Primary statute enacted in its current framework in
2000; individual amendments generally become effective July 1 following passage.)
Additionally, the State and federal reporting requirements continue to expand for criminal justice
information systems, cybersecurity compliance, Criminal Justice Information Services security standards,
and incident reporting. Each new reporting mandate requires investments in software, cybersecurity
infrastructure, staff training, and administrative oversight, yet these costs are largely borne by local
governments.
It is recommended that the Commonwealth should consider dedicated
funding assistance whenever new statewide technology reporting requirements are imposed. (Specific
Code section depends on the reporting requirement being referenced.)
DEPARTMENT OF CRIMINAL JUSTICE SERVICES MANDATORY TRAINING
The Department of Criminal Justice Services (DCJS) continues to expand mandatory training requirements
for Virginia law enforcement officers through the Code of Virginia and DCJS regulations implementing
Code of Virginia §§ 9.1-102 and 9.1-114, requiring instruction in areas such as crisis intervention, deescalation, autism and intellectual disability response, bias-free policing, legal updates, officer wellness,
mental health response, and active threat preparedness. While these mandates improve officer readiness
and public safety, local agencies bear virtually all implementation costs, including instructor time,
overtime, travel, and staffing shortages created by pulling officers from patrol. Most new training
mandates become effective July 1 following enactment unless otherwise specified. It is recommended
that the law makers of Virginia establish a recurring state aid program dedicated to reimbursing localities
for mandatory DCJS training costs.
DEPARTMENT OF CRIMINAL JUSTICE SERVICES LAWFIT REQUIREMENTS
The DCJS LawFit program promotes officer wellness and organizational health through assessment and
policy development. While participation provides long-term benefits, compliance with LawFit standards
often requires agencies to dedicate personnel, develop new policies, collect data, and implement wellness
initiatives without dedicated funding. It is recommended that if LawFit participation or similar wellness
standards become mandated by DCJS, the Commonwealth should provide recurring
financial assistance to support local implementation. (Currently a DCJS program rather than a specific
statutory mandate.)

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2027 Lynchburg City Council Legislative Priorities
DUTY TO RENDER AID
Virginia's Duty to Render Aid requirements require officers (all of Public Safety to include Public Works
and Lynchburg Fire Department) to receive first aid and emergency medical training to ensure they can
provide lifesaving assistance when appropriate. While the policy enhances public trust and improves
emergency response outcomes, local agencies must fund recurring certification and refresher training. At
an estimated $20 per employee through the Central Virginia Criminal Justice Academy (CVCJA), these
costs continue to grow as training standards expand. The Commonwealth should provide dedicated
funding for mandatory first aid certification and recertification. (The current duty-to-render-aid
requirements became effective July 1, 2025, as part of broader policing standards reforms.)
EMERGENCY CUSTODY ORDERS AND TEMPORARY DETENTION ORDERS
Emergency Custody Orders (ECOs) and Temporary Detention Orders (TDOs) remain among the clearest
examples of an unfunded or partially funded state mandate imposed on Virginia local law enforcement.
Under Code of Virginia §§ 37.2-808 (Emergency Custody Orders) and 37.2-809 (Temporary Detention
Orders), local law enforcement agencies are responsible for executing orders, transporting individuals for
evaluation or treatment, and frequently remaining with those individuals for extended periods while
awaiting placement. Although the Commonwealth funds portions of the behavioral health system,
including Community Services Board evaluations and state hospital operations, localities continue to
bear nearly all law enforcement staffing, transportation, overtime, and backfill costs associated with these
statutory responsibilities. Current statutory provisions remain in effect through June 30, 2027, with
amendments to both sections becoming effective July 1, 2027.
*LOCAL AUTHORITY – RETAIL MARIJUANA ESTABLISHMENTS (Misjuns, from “Vape/Tobacco Shop
Distance”)
The Lynchburg City Council requests that the General Assembly amend the Cannabis Control Act to require
affirmative local approval before adult-use retail marijuana sales may occur within a locality. Under
current Virginia Code § 4.1-629, local governments are generally prohibited from adopting an ordinance
that prohibits the sale or distribution of marijuana, despite retaining certain zoning, land-use, business
licensing and hours-of-sale authority. With retail marijuana sales scheduled to begin statewide on July 1,
2027, the Commonwealth should establish a local-option framework under which the Virginia Cannabis
Control Authority may issue a license for an adult-use retail marijuana store or retail microbusiness only
in a locality that has affirmatively authorized such establishments by ordinance of its governing body.
Localities that take no affirmative action should remain opted out of adult-use retail marijuana sales. This
approach would preserve the Commonwealth's regulatory structure while recognizing that decisions
regarding the introduction and location of a new category of age-restricted retail establishments are
appropriately made at the local level. The legislation should preserve existing local zoning and land-use
authority and should apply specifically to adult-use retail sales without interfering with lawful medical
cannabis operations.

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2027 Lynchburg City Council Legislative Priorities
MODERNIZATION OF THE FIRE PROGRAMS (2026)
The Lynchburg City Council supports legislation to reauthorize and modernize the Commonwealth’s Fire
Programs funding structure, which is currently scheduled to expire on July 1, 2026, under Code of Virginia
§ 38.2-401.1 (Fire Programs Fund). The City urges the General Assembly to renew and update this critical
funding mechanism before its sunset date to ensure continued state support for local fire and rescue
operations. The existing Four for Life and Aid to Localities programs restrict funds to narrowly defined
uses, limiting local flexibility and reducing the effectiveness of spending. Reauthorizing the program
through a modernized and formula-driven model, similar to the HB 599 program for law enforcement,
would provide predictable, equitable and flexible funding that allows localities to direct resources toward
their highest public safety priorities.
*REQUIRE WARRANTS AND ADDITIONAL PRIVACY SAFEGUARDS FOR LAW ENFORCEMENT
SURVEILLANCE TECHNOLOGY (Faraldi)
The Lynchburg City Council requests that the General Assembly strengthen privacy protections governing
law enforcement use of Automatic License Plate Recognition (ALPR) technology in public rights of way.
Law enforcement should be required to obtain a warrant before searching or accessing historical
information collected through fixed or third-party ALPR systems, except in narrowly defined emergency
circumstances involving an active missing or endangered person alert, immediate threat to public safety,
or other exigent circumstances established by law. State law should distinguish between the retrospective
search of information collected through fixed surveillance networks and the real-time use of ALPR
technology mounted on law enforcement vehicles. Any use of ALPR technology should include clear
limitations on access, retention, sharing, auditing, and the purposes for which collected information may
be searched. The General Assembly should also continue evaluating emerging surveillance technologies,
including gunshot detection and location systems, and establish statewide standards addressing privacy,
data collection, access, retention, and appropriate law enforcement use. Where privately owned
technology, such as residential cameras or other personal devices, may be incorporated into a public
safety network, participation should be voluntary and based upon the property owner's affirmative
consent. These safeguards would allow law enforcement to use technology for legitimate public safety
purposes while ensuring that the use of increasingly sophisticated surveillance systems remains
appropriately limited, transparent, and accountable.
*ACCESS TO VAPE, TOBACCO AND HEMP RETAIL SHOPS (Taylor/Diemer, additions Misjuns, Reed)
The Lynchburg City Council requests that the General Assembly strengthen and expand Virginia Code §
15.2-912.4, which currently authorizes localities to regulate certain tobacco and hemp retail
establishments withing 1,000 feet of a school or day care center, by extending that authority to
establishments primarily selling or prominently advertising tobacco, nicotine, vaping products,
intoxicating hemp products, kratom, smoking accessories, or similar age-restricted products. The City
further requests strong protections against advertising, signage, packaging, displays, promotions, or
branding designed to appeal to people under the age of 21, using standards comparable to Virginia ABC
regulations that restrict alcohol advertising likely to induce underage consumption, with enhanced
penalties for knowing or repeated youth-directed marketing. The Commonwealth should also strengthen
age-verification and security requirements, including reliable identification verification, clearly posted 216

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2027 Lynchburg City Council Legislative Priorities
and-older restrictions, appropriate access controls for age-restricted retail areas, and employee training.
Violations should be subject to meaningful and escalating penalties, including increased civil penalties for
repeat or willful offenses and, where applicable, suspension, revocation, or nonrenewal of state-issued
retail permits. Any legislation should preserve and expand Lynchburg’s ability to implement these
protections through its existing zoning ordinance, including reasonable use standards, permitted zoning
districts, signage and exterior-display requirements, and the 1,000-foot separation requirement, while
providing sufficient state authority to regulate emerging products and businesses that may otherwise fall
outside current statutory definitions.

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2027 Lynchburg City Council Legislative Priorities
QUALITY OF LIFE

*CLARIFICATION OF REAL PROPERTY TAX REASSESSMENT REQUIREMENTS (Misjuns)
The Lynchburg City Council requests that the General Assembly amend Virginia Code § 58.1-3321 to
include a clear explanatory provision defining the calculations and procedures applicable when a
reassessment results in an increase in the real property tax base. The clarification should expressly
distinguish the revenue-neutral or lowered tax rate, which produces the same real property tax levy as
the previous year, from the 101-percent rate established in subsection A, which may produce up to 101
percent of the previous year's levy, and from any higher rate proposed by the governing body pursuant
to subsection B. The Code should clearly state the purpose and legal effect of each rate, the circumstances
under which the public-hearing requirements apply, and the responsibilities of the local governing body
when establishing the tax rate following reassessment. This amendment is intended solely to provide local
elected officials, staff, and the public with a consistent and readily understandable explanation of the
reassessment process and should not alter the existing taxing authority of local governments.
COLLECTIVE BARGAINING LOCALITY CHOICE (2026)
The Lynchburg City Council opposes any state mandate requiring collective bargaining. The City maintains
that local governing bodies should retain clear authority to determine whether such a system is
appropriate for their workforce and community. Any state requirement to impose collective bargaining
would limit local discretion, reduce flexibility in addressing workforce needs and create administrative
and fiscal burdens that should remain under local control. While the Code of Virginia, Title 40.1, Chapter
4, Article 2.1 (§ 40.1-57.2) authorizes localities to adopt collective bargaining ordinances, that decision is
best left to each locality. The Lynchburg City Council further affirms Virginia’s long-standing status as a
Right-to-Work state and opposes any legislation that would repeal or weaken these protections. The
Right-to-Work framework has been integral to maintaining Virginia’s competitive business environment,
supporting economic growth and ensuring that employees are free to choose whether to join or financially
support a labor organization.
*ELECTION OF SCHOOL BOARD (Faraldi)
The Lynchburg City Council supports legislation granting the City of Lynchburg the authority, by ordinance
of City Council, to provide that members of the School Board may be elected by the qualified voters of
the City. Adoption of such an ordinance would remain at the sole discretion of City Council and would
follow a transparent public process that includes citizen engagement and opportunities for comment prior
to any final decision. This process would require coordination with the Office of the Registrar and the
Electoral Board, as well as administrative support from the City Manager or designee, to ensure
compliance with all procedural and logistical requirements. Any transition to an elected school board
structure would also necessitate a Charter amendment, consistent with Article VIII, Section 7 of the
Constitution of Virginia and Code of Virginia § 22.1-57.2, which stipulate that changes to the method of
school board selection must be authorized by the General Assembly. Nothing in this proposal would
require the City to adopt an elected school board system; the current method of appointment would
remain in place unless and until Council, following due public process, elects to proceed. The City of
Lynchburg is one of eleven (out of 130) remaining Virginia localities with an appointed school board.
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Legislative efforts have been introduced as recently as January 2025 to require all school boards in the
Commonwealth to be elected, underscoring the importance of maintaining local discretion and citizen
involvement in determining the governance structure that best serves the Lynchburg community. A
locality may petition for a referendum equivalent to 10% of the locality’s registered voters to change to
an elected school board.
*OWNER OCCUPIED RESIDENTIAL REAL ESTATE TAX INCENTIVE (Misjuns)
The Lynchburg City Council requests that the General Assembly amend Title 58.1 of the Code of Virginia
to establish owner-occupied residential real estate used as an individual's principal residence as a separate
class of property for local taxation and authorize localities, at their option, to levy a lower real estate tax
rate on that class than the rate applicable to non-owner-occupied residential and other real property.
Similar to programs used in other states to distinguish a homeowner's primary residence from investment,
rental, vacation, and other non-owner-occupied property, the program should provide local governments
with the ability to encourage and support homeownership while preserving local discretion over whether
to implement the incentive and the amount of the reduced rate. Qualifying property should remain
assessed at fair market value as required by Article X of the Constitution of Virginia, but localities should
be authorized to establish a reduced tax rate for a dwelling that is owned and occupied by the taxpayer
as his or her sole or principal residence. Eligibility should be limited to one principal residence per
household and include appropriate verification and safeguards to prevent the preferential rate from being
applied to investment properties, second homes, short-term rentals, or other non-owner-occupied
residential property. The General Assembly should amend §§ 58.1-3008 and 58.1-3221 et seq., or enact
comparable enabling legislation, to expressly provide this local option.
REEVALUATE HUMAN SERVICES FUNDING STRUCTURE (2026)
The Lynchburg City Council supports amending the Code of Virginia, Title 63.2 (Welfare), specifically §§
63.2-400, 63.2-401, 63.2-403, 63.2-405, 63.2-407, 63.2-410 and 63.2-412, to revise the formula used to
allocate Human Services funding to localities. The revised model should prioritize active caseload volume
over total population in determining funding levels. In developing this modified formula, the Department
of Human Services should incorporate data on recent caseload trends and projected future growth to
ensure allocations are responsive to actual service demands. The state should also evaluate compensatory
measures that reflect hours worked and operational limitations faced by local agencies.
*SCHOOL FUNDING FORMULA (2026)
The Lynchburg City Council supports amending the Code of Virginia to modernize the Standards of Quality
(SOQ) and reexamine the school funding formula to ensure equitable distribution of state resources.
Studies conducted by the Joint Legislative Audit and Review Commission (JLARC) in 2002, 2018 and 2023
have consistently identified structural shortcomings in Virginia’s education funding model, including
outdated staffing standards, insufficient recognition of local fiscal stress and a failure to fully account for
inflationary pressures. These deficiencies disproportionately impact divisions such as Lynchburg, where
higher concentrations of at-risk students and greater service demands are not adequately reflected in the
current formula. Updating the formula in alignment with JLARC’s findings would improve equity,
strengthen local school capacity and better position Virginia to meet its long-term educational and
workforce development goals.
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*SCHOOL READING READINESS PROGRAM (Reed)
The Lynchburg City Council requests that the General Assembly establish and fully fund a K through 12
Reading Readiness and Intervention Program for school divisions demonstrating reading proficiency
below established state or nationally ranked benchmarks. While current Virginia law requires evidencebased literacy instruction and reading intervention for students in kindergarten through grade eight, the
Commonwealth should expand these requirements and resources through high school and provide
sufficient state funding for licensed reading specialists and reading intervention teachers at the
elementary, middle/junior high, and high school levels. Students who fail the applicable Reading
Standards of Learning assessment, or whose screening or other approved assessment demonstrates
reading proficiency below the established grade-level benchmark, should be required to participate in a
dedicated reading intervention course or instructional period until they demonstrate grade-level
proficiency. At the middle and high school levels, this intervention may be provided as a required elective
course so that students receive focused instruction in reading fluency, vocabulary, comprehension, and
other identified literacy deficiencies without eliminating access to the broader academic curriculum. The
Commonwealth should provide additional reading personnel and resources based on demonstrated
student need, with the goal of improving individual literacy, raising division-wide reading and SOL
performance, and ensuring that students do not advance toward graduation without the reading skills
necessary for academic, workforce, and lifelong success.

The Lynchburg City Council is committed to working in partnership with the General Assembly to
advance policies that strengthen communities across the Commonwealth while ensuring that local
voices are heard and respected. The City stands ready to provide the insight and collaboration needed
to achieve meaningful outcomes for its citizens. For questions and feedback, please contact Mercedes
“Metchi” Braun at (434) 238-5626 or at [email protected].

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