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Lynchburg City Council Work Session November 28, 2023

Lynchburg City Council Work Session

November 28, 2023

 

III.1 Lynchburg Fire Department (Cheif Greg Wormser) gave an update. 

New timelines for ordering equipment, long lead times. 

Turnout time average is 53 seconds, within goals for excellence.

Because of investment by Council, LFD has great equipment and does excellent work.  “Applications are up 37% and the pool of qualified applicants is deeper.”

There are needs in CIP to address cancer risks and gender-separated facilities. 

Chief specifically thanks City manager and his staff.

Received favorably.

III. 2 Council was given an overview of the Historic Preservation efforts in the city.

There seems to be a desire to weaken the requirements within Historical Districts

The presentation indicated strong support from residents who are in HD, reliance on standards to protect investment, as well as the historic nature of sections of the city.

 

  1. General Business Briefings on rezoning tracts on Taylor Street and Park Avenue

Conditional use permit considered for Hope Diamond Childcare.

 

IV.5 Update on Riverfront Amphitheater

Clear that the $3m initial cost estimate is short.  

Manager presentation stressed avoiding “value engineering” that cheapens the overall project. Hurts revenues, and eliminates top-grade operators and acts.

Helgeson and Misjuns are not inclined to support. Unsure where Taylor stands.

** Deeper consideration on the December 12 meeting.

 

IV.6 City-wide Youth Curfew 

Inclined to extend another 6 months to collect a full year of data.  Appears to be having a positive effect on crime statistics but not causal.

Added to tonight’s Public Meeting for further discussion.

 

  1. Roll Call

Misjuns presented several items for the Council’s consideration.

  1. Ask the Mayor to Proclaim January “Religious Liberty Month.”
  2. “Limitations on Sexually Charged Performances” ordinance.
  3. Reconsider his “Merit, Opportunity, and Excellence” (MEO) Resolution.

 

Enclosures: 

Enclosure (1) Copy of Misjuns’ Roll Call speech:

November 28, 2023  Roll Call Speech 

Councilmember Martin J. Misjuns 

Lynchburg City Council Work Session 

November 28, 2023 

 

Two weeks ago, The Lynchburg City School Board entertained a grant from an organization that promotes “porn literacy” and “group masturbation” in their “sex ed” video series for children.   

 

Fortunately, for our city’s children – the school board rejected the grant funding with a 7-2 vote.  A school building is not the place to promote a brand that children could research to find recommendations on sexual perversion.  I want to thank the following school board members for their courage to deny this predatory organization access to innocent school children: Dr. Gupta Dr. Day Mr. DePaul Mr. Jalil Mrs. Lowery Mr. Trost Mrs. Preston 

 

This was a win for our city, and a win for our children.  It’s also now clear that Lynchburg has become a battlefield in the war to protect our children from predators and those that seek to confuse, groom and pervert them. 

 

The school board’s principled decision was also met by anti-Judeo-Christian hate speech from an organization that appears innocent on the surface, but has a political motive behind it’s existence when you examine their positions.

 

Save our Schools – LCS, immediately fired back at the School Board stating, “Members’ religious values do not have a place on the school board.”  This is a fringe belief and hateful position that has been adopted by the Democrat party and their far-left allies that want to remove God from the public square.   

 

In our nation today and across the globe we have seen a rise of anti-Semitism and violence perpetrated against the Jewish people unlike any time since the Jewish genocide during the Holocaust – any intimidating statement to prohibit the free exercise of religion of another must be seen for exactly what it is – hate speech.   

 

Article I, Section 16 of the Constitution of Virginia states: “…all men shall be free to profess and by argument to maintain their opinions in matters of religion, and the same shall in nowise diminish, enlarge, or affect their civil capacities…” 

 

Bill No. 82, introduced by Thomas Jefferson and carried by James Madison though the General Assembly of Virginia in 1786 until passage, and now commonly referred to as the Virginia Statute for Religious Freedom states: “…therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages to which, in common with his fellow citizens, he has a natural right…” And, “…that the opinions of men are not the object of civil government, nor under its jurisdiction…” And, “We the General Assembly of Virginia do enact [Be it enacted by the General Assembly] that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities…” 

 

The passage of Bill No. 82 is observed annually on January 16th – as National Religious Freedom Day – and has been commemorated every year since 1993 via proclamation by the President of the United States, as it led to freedom of religion for all Americans in the United States and is the basis for that right enshrined in both our federal and Virginia constitutions. 

 

So why the history lesson?  It’s simple – each and every one of us behind this dais took an oath to uphold both of these documents that define and guarantee the rights of the people in our City.  I also took an oath to defend these rights, even if it cost me my life.   

 

I cannot remain silent when an organization in our city disguised as advocates for our public schools seek to deprive our school board members injuriously of the privileges and rights, in common with our fellow citizens, to which they have a natural right – through the intimidating tactic of hate speech.   

 

It is unconstitutional, anti-American, and contrary to the values of our City.   

 

In addition to their obvious anti-religious liberty approach to our school division, they are also advocating for an approach to education through the lens of a leading feminist critical race theorist who coined the term intersectionality, a concept which was proposed to advance identity politics – which is also not appropriate in our schools. 

 

So, what can City Council do?  We can do a variety of things.  First and foremost, we must make a clear stance that Religious Liberty is alive and well in Lynchburg, Virginia and we will stand in opposition to all forms of religious bigotry– which is why I am formally requesting the Mayor proclaim January as Religious Liberty MONTH in Lynchburg, VA.  Our city has a long tradition of being home to churches, synagogues and other sanctuaries for worship – and we need to make it clear that this City Council respects the natural right, endowed by our Creator, for religious Liberty for our citizens, our city staff, our board and commission appointees, and our peers behind the dais.  Our oath to the constitution matters, and the rights of free people must be upheld and protected by government, not trampled upon. 

 

This proclamation should not be watered down as a simple statement – it should be a bold and inclusive proclamation that makes it clear our city will not cower in the face of relentless attacks against religious freedom by the hardcore progressive left-wing of Democrat operatives that want to erase our Constitution and establish their state religion of a Secular Humanism, a worldview to eliminate the moral values that made America the greatest nation in world history. 

 

Second, we must continue to engage in the war to protect our children from these harmful ideologies.  We may have won the first battle in the school board 7-2 vote.  However, we are still at risk of losing the war if we do not earnestly, with proactive and not just reactive actions, to protect them.   

 

Chapter 6, Section 38 of the Lynchburg City Charter gives the City Council authority to “Prevent Vice and Immorality” in the City Limits.  I am formally introducing an ordinance related to “Limitations on Sexually Charged Performances” to prohibit these performances with minors present.  I am requesting a one-on-one with the City Attorney in the coming weeks to work out the language and details of this draft ordinance so it may be introduced on the agenda in our first work session in January for discussion, prior to consideration for adoption in the following business meeting. 

 

Finally, I again express how urgent it is that someone from the prevailing side of a discussion regarding the Merit, Excellence and Opportunity Resolution bring the item back to the table in a future work session for consideration.  We must prevent our city tax dollars from funding an organization that promotes harmful ideology in our public schools by recommending curriculum and articles for educators that includes a K-2 lesson plan that encourages elementary educators to read a book titled: “Who are you? The Kids guide to Gender Identity,” and suggest that teachers introduce children to an app that has them try out new pronouns – as only two small examples of a much larger and devious agenda to indoctrinate government employees, educators and school children with politically motivated far-left ideology to promote identity politics, destabilize the nuclear family, and deny religious liberty. 

 

Vice Mayor Faraldi emailed me to negotiate a path forward for this resolution, but after I proposed two opportunities to meet, he did not reply.  It is my hope that his desire to return this to the table was sincere – time will tell.    

 

The time to lead in Lynchburg is right now, before it’s too late.  Inaction on these serious matters demonstrates complicity in the effort to undermine religious liberty by ushering in an established state religion of Secular Humanism and endorsing the sacrifice of our city’s children to predators that seek to groom them into perverse and immoral lifestyles before they are even of age to understand themselves.  Little boys should not be led to castration, and young women should be protected in school bathrooms, locker rooms, and on their athletic teams – from men.

 

Enclosure (2) 

Proclamation Religious Liberty Month Proclamation – January 2024 

Whereas, Article I, Section 16 of the Constitution of Virginia guarantees the right for Virginians to exercise their faith freely and protects Virginians from the establishment of a state religion; and 

 

Whereas, the residents of Lynchburg, Virginia observe a diverse variety of faiths, including but not limited to Judaism and Christianity; and 

 

Whereas, we have seen a rise of hate speech toward people of Judeo-Christian faith in the City of Lynchburg, and a rise of violent antisemitism across the nation and globe; and 

 

Whereas, Lynchburg City Council, members appointed to Boards and Commissions of the City of Lynchburg, the City’s Leadership Team, and certain officers and employees have sworn underoath their duty to uphold the Constitution of theUnited States and Virginia in their capacity as public officials; and

 

Whereas, founding fatherof Virginia and the UnitedStates Thomas Jefferson’s landmark Virginia Statute for Religious Freedom was passed on January 16, 1786, making Virginia the birthplace of RELIGIOUS LIBERTY as defined inthe first amendment of our United States Constitution; and 

 

Whereas, the most vital role of government is to protect the natural rights of its citizens. 

 

Now, Therefore be it resolved that I, Mayor Stephanie T. Reed do hereby proclaim the month of January 2024 as Religious Liberty Month in the City of Lynchburg, and encourage all city officials, employees, educators and residents to recognize and share with others the vital importance of RELIGIOUS LIBERTY and the right that all people are “equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.”

 

Enclosure (3)  Letter to Mr. Matthew Freedman, City Attorney regarding an ordinance to protect minors by prohibiting their presence at sexually charged performances.

 

Mr. Matthew Freedman, 

City Attorney 

City of Lynchburg 

900 Church Street 

Lynchburg, VA 24504 

 

Mr. Freedman,

On July 28th, you offered your assistance with an ordinance to protect minors by prohibiting their presence at sexually charged performances via ordinance.  The state legislature has granted broad authority to the City of Lynchburg in the City Charter to address these matters.   

 

The ordinance that I’m requesting should: 

  • Define “sexually-charged” or “adult-themed” performances;  
  • Define “house of ill fame;”  
  • Prohibit the presence of minors at “sexually-charged” or “adult-themed” performances;  
  • Prohibit “sexually-charged” or “adult-themed” performances in public spaces where they could be viewed by a minor;  
  • Prohibit “sexually-charged” or “adult-themed” performances on public property under city jurisdiction; and  
  • Provide an enforcement mechanism for violations of the ordinance. 

 

I have several ideas for a draft ordinance proposal that I would like to discuss with you in person, as well as some pitfalls that I’ve researched in relation to this ordinance that we should avoid.  I am relying on the expertise of you and another pro-family attorney to achieve this and make it a lasting safeguard for the children in our city.  It is our duty to protect the most vulnerable in our community. 

 

Chapter 6, Section 38 of the Charter for the City of Lynchburg is where the authority to accomplish this lies.  Specifically, the 24th power enumerated in the Charter states that we have the power to:  

  • Prevent vice and immorality;  
  • Prevent “houses of ill fame;”  
  • Prevent lewd, indecent, and disorderly conduct in the city; and  
  • Prevent lewd, indecent, and disorderly exhibitions in the city. 

 

These powers should give our municipality sufficient authority to ensure that children are protected from sexually-charged and/or adult-themed performances.   

 

We would be derelict in our duties as elected representatives of Lynchburg’s citizens to not ensure children are afforded the most robust protections necessary in a world where rampant exploitation of minors persists.   Failing to act on this matter would demonstrate endorsement of predatory behavior to sexually groom and/or pervert children.  We need to send a loud and clear message that Lynchburg is a great place to start and raise a family in Virginia. 

 

Thank you for your consideration of this request, and I look forward to hearing from you to set up our first meeting by the end of the week. 

Respectfully, 

Marty Misjuns 

Posted on

City Council Work Session 12-12-23

City Council Work Session

December 12, 2023

 

III. Work Session Agenda

III.1 Comprehensive Financial Report

[Files are available in meeting documents – https://www.lynchburgva.gov/city-council-meetings-video-minutes-agendas]

III.2 Public Safety Retention

Retention bonuses are the top priority for current officers

Strong support from Faraldi. Wants to be sure that officers who use this program (car take-home) live in the city.

Helgeson wants focus on exit interviews, not officers who have stayed.

Supports car take-home program, must be in city.  Still need more vehicles. 

Misjuns thinks car take-home prevents crime, more than as a benefit to officers.  Also concern about retirement health benefit costs. (~$8k/yr) Before 1996, city pays benefit. Wants more benefits to LPD (LFD?) for sick leave and other paid leave. (eg, paid accumulated sick leave)   

Retention/new hire bonus – is pay back provision lump sum? Can city pay out in pieces to improve city budget?  Not attractive to recruits.

Wilder -do we compare to other localities? Bonuses are $20k to west, $7k, south $5k, East &10k bonus. Retirement health insurance is not offered by other forces.

What are main concerns causing vacancies – workload, pick up other responsibilities, less than 1% complaints about command staff!

Helgeson – $3.5m for retiree, $8k per retiree for health insurance. 437 employees (city wide) covered? Yes, and must be retired. Self-insured system so unused $ go into paying claims, excess is retained. Next year’s budget should reflect the lower number of retirees covered.

 

 

IV Business Items

IV.3 CDGBG and HOME Program – goals for FY2025 Annual Action Plan

January 9 will be public hearings;  12/22 public comment period begins.

IV.4 CUP West Lynchburg Baptist Childcare

Jan 9, 2024 for action.  Recommend for approval.

IV.5 Relocate polling place  Second Ward, Fourth precinct

From Fairview Christian Church to Bass ES, outside of the precinct but on edge, permissible.

Access barriers (non-ADA compliance)

Jan 9 for action. 

* Neumeyer – resigning as work load is too heavy for his legal practice, new candidate should be good.

* Pence – presented need for change (ADA) Need before March dual primaries. Less than .4 mile change. Level grade, barrier-free, curbside voting is easy. 

Helgeson objects to LCS ‘needing’ a new gym, based on the photos presented. “Nice shiney floor”  He will undoubtedly use this in discussion in 

Farali – second precinct outside of the actual district.  Let’s not have it happen again. Good job on examining the precinct sites.

Dolan – looked at other locations.  None are as viable as Bass ES.  Community Center has a lot of programming on Election Day ()doesn’t Bass ES too?)

Wilder – timing? Atty Gen must still approve after Coucnil.

Reed – Fairview is not good at ll. Supports change.

  1. Roll Call

Wilder $575,000 raise M4K. We accomplish a lot when we work together.

Helgeson – tourism: football LU, basketball LU, Track LU, may flights (taxes) meals hotels (taxes)  “When we gave LU property rights back” resulted in lots of tax generated.

  1. 6 Misjuns Whistleblower Protection Resolution or Ordinance

Will discuss one-on-one with ??

Over weekend, Call for the execution of myself, Helgeson, Congressman Good

We don’t need that here.

Why weren’t we notified about that?

Faraldi – leaf collection ward 4 is miffed about schedule, thanks for changing.

Legislative agenda – impacts on Lynchburg, come to Council for an official stance for major items that impact how we do business. 

“Things have gone too far”  Work history, whether you worked for city, the state, (then mentioning each council member’s work past and spousal history!) should not be used as political capital against each other.

Reed – Congrat to the Bulldogs, Flames.

Recognition of Community Services

CVU event at Stadium, charity for youth. Miriam’s House, LYH Food not Bombs, etc.

Closed Session for appointments to Boards.

 

Posted on

City Council Meeting 12-12-23

City Council Meeting

December 12, 2023

 

III. Consent Agenda passed without discussion, 7/0

  1. Public Hearing

IV.9 Consideration of Conditional Use Permit for operation of childcare/enrichment facility at 805 15th Street.

Operated by Diamond Hill Baptist Church in association with LYN-CAG, Headstart.

Rev Owen Cardwell presented figures indicating the need for at least 2000 spots.  Planning Commission recommended approval Oct.25.  

Larry Taylor praised the solution and Rev. Cardwell for his leadership.

Misjuns stated it was “a small step in the right direction.”

Helgeson said it was a good use of property to solve a problem.

Approved 7/0

 

  1. 10 Consideration to rezone parcel on 602 Taylor Street to operate an auto sales lot.

Planning Commission recommended denial Oct.25.  Rezoning is not compatible with existing uses, regardless of grandfathered business operating nearby. Neighbor/business objected, stating his property had applied for historical designation and he didn’t want a used car lot across the street.  Other neighbors had voiced objections over the years of community surveys.  Petitioner referred to graduation from LU as a credential. 

The application was denied 7/0

 

  1. 11 Public Comment

Cherie Kemper advocated for the City to build a Teen Social Lounge, specifically for people between 13 and 19, as a place to socialize, use computers for gaming and homework, and be off the streets.  She said existing community centers are for younger people. Praise the curfew for keeping teens off the streets.

Vicente Gonzalez commented that it was “inappropriate” to open the meeting with a prayer.  He then criticized members of the LCS Board and Council for spreading misinformation about the It Gets Better project recently rejected by the LCS Board.  He named individuals (particularly Misjuns and Leticia Lowrey)  and quoted their remarks.  

He made an impassioned speech about how LU associations, accusing LU of cover-ups of sexual assaults and rapes.  He stated that Christian DePaul’s (LSC Board member) comments (that people who whined and cried thought they could get what they wanted) were “despicable” and that activism is not ‘whining and crying’ as DePaul indicated.  He then shifted to Misjuns, stating that his letter to the city attorney was “terrifying” and that Misjuns’s proposed ordinance to ban sexual performance is a violation of 1st Amendment expression, upheld by courts who recently struck down almost identical ordinances in TN and FLA.

Kelsey Molseed spoke critically of Misjuns’s behavior and  language as “devisive and harmful”.  She asked, “Haven’t you been attacking peoples’ families for years?” apparently in reference to a previous comment from Misjuns.  She said people are “appalled” by his comments and that people, including herself, had been forewarned to be afraid of retribution. She asked Council to expel Misjuns.

Ed McCann [added to agenda by consent by L Taylor at start of meeting] spoke in favor of allowing the Kiwanis Club to build a playground on the Riverfront Park, in conjunction with other planned improvements, including an Amphitheater as an anchor. Kiwanis would fully fund the construction of the playground as “a gift to the community.”  McCann noted that the playground would be fully accessible (ADA compliant).  He stated that Downtown is the cultural hub of Central Virginia and that much planning had gone into improvements. He referenced 900 responses incorporated into the Downtown 2024 Plan.

[He was indirectly praising VISION! And he should know, as former Executive Director of Lynchburg Housing and Redevelopment Authority]

 

VI General Business

Consideration of amending CIP FY2024 to appropriate $3 million in unused general Fund Unassigned Fund Balance for Riverfront Park improvements.

Discussion of this business was concluded after more than an hour of Council comments.

Dolan and Wilder praised the ongoing development of Downtown and investment in tourism, cultural opportunities, and future employment for our younger population.

Wilder added that attracting regional visitors and job creation might help offset revenues lost by last year’s Real Estate tax reduction.  He also noted that these improvements do not require the City to borrow any money.

He said this project would improve the quality of life for people living downtown which is “the Mecca of any city.”  He praised 20 years of progress, despite those who had consistently voted against these improvements [referring to Helgeson]. He noted that adding these improvements would enhance activities already occurring (sporting events, earlier praised by most of Council; visitors to trails and museums and other artistic events). He noted that there have been substantial tax revenue increases to the city because of 20 years of investment.

Helgeson hates this project. He offered an alternative motion to deny the funds. He repeatedly [nothing new there!] referred to it as “a nicety, not a necessity” and criticizing the increased costs.  He repeatedly referred to spending $8 million, rather than addressing the $3 million actually proposed in this resolution, [obviously trying to confuse uninformed observers and score cheap political points through misdirection.]

He referred to the recent Council retreat and said that “the majority (of Council) said we need to look out for our taxpayers.”  He wants to reduce the city car tax by an amount equal to the $8 million he kept referring to. He used faulty equivalency to repeat that the Council could lower the car tax if they did not spend the money on an amphitheater.  “Now is not the time.” [Never has been for him!]

[He has NO VISION! Missed the point that there would be no need for Kiwanis to build a playground without the amphitheater as a focal point.] 

Misjuns said he had “received a great slew of emails today” objecting to spending on an amphitheater.  People want tax relief. He then presented information that Charlottesville’s Ping Pavillion generates only $272,000 in revenue, so this would not be a good investment for Lynchburg.  He praised the Kiwanis playground as “important to our downtown community.”

He wants to free up $8 million to pay off existing debt, by decreasing debt service by $800,000. He wants his “legacy” to be eliminating the car tax. “Why continue to pay after you buy the car?”

[No Vision, No concept of investment in future.]

Donna Witt (CFO) clarified that there would be no benefit to debt service spending for the next several years as bond issues have already been set. So, any of this $8 or $3 million could not be used to reduce that spending.  She also noted that these Riverfront Park improvements do not incur any additional debt as these funds are all one-time expenditures from Unallocated Fund Balance.

She also noted that any changes to taxes must be proposed, discussed and completed as part of the budget process, not in consideration of allocating these funds. Faraldi had been trying to make this point for some time. Faraldi also reminded Council that $1.4 million was already developed for tax relief in the upcoming budget sessions.

Dolan stated that the 38 emails [not a ‘slew’] received by Misjuns had actually all been solicited by him, using a closed mailing list! She called his presentation disingenuous and misleading to the public.

Taylor stated that the developer of multiple properties in downtown and across the Rivermont Bridge wanted places for his residents to go and enjoy entertainment.  He also brought out that using the figures from the Ping Pavilion was not complete, as Charlottesville also has another major entertainment arena (John Paul Jones arena) that tempers the dam for Ping, so the numbers used by Misjuns and Helgeson are not an accurate comparison for Lynchburg.

Helgeson just repeated, lower tax burden, don’t borrow.

Faraldi said Helgeson and Misjuns were “manipulating the facts” and their idea “doesn’t achieve the end” of reducing the car (or any other) tax which must be done in budget sessions. 

[he was sniping – sniping – sniping in a very unbecoming manner]

Vote was held to deny the funds and failed 5/2 with Misjuns and Helgeson voting no.

 

The original motion to appropriate the funds was then considered.

Helgeson attempted to table further discussion until the next work session, but the motion was ruled out of order by the parliamentarian.

Misjuns tried to link money ‘saved’ by denying the appropriation to a benefit in the City’s line of credit.  Mrs Witt explained that that is not how the LoC works, that there is no direct benefit.  She said that it might create debit capacity only.

Misjuns stated, “I love giving citizens a voice” apparently referring to the emails he solicited.  “Don’t spend excess money now.” He then offered that Lynchburg already has an amphitheater and event venue at Liberty University – the Vines Center, and Liberty Stadium – “that didn’t cost the taxpayers a penny.”  [there were audible groans and laughter from the audience.]  Faraldi immediately challenged that statement, pointing out that the success of LU since the death of Fallwell, Sr was due almost solely to the use of federal and state tuition loans and grants, all funded by taxpayers, and Misjuns’s statement was bunk.

Faraldi continued to confirm Dolan’s earlier statement that the emails Misjuns had referred to were sent to a “curtailed list” asking people to object to spending money on an amphitheater, a misleading act.  He then referred to Senator Steve Newman’s admonition that using one-time excess funds for capital projects is entirely appropriate. “This is a fiscally responsible way to approach this project. … If you don’t like the project, vote against it” but don’t be misleading about how the money might impact future taxes.  “Manipulating of facts is not right. … people are being misled.”

Reed made several points before calling for the vote.

1 – a $0.22 tax cut was delivered. Other fees have been eliminated or reduced. In January, additional cuts are slated.  No one has lied about cutting taxes.

2 – emails sent by Misjuns are misleading.

3 – cannot get tax relief using this money in this manner, period [repeated pointedly]

4 – “Liberty is awesome because they invest, and look what happens! You grow!”

 

Vote conducted, resolution [to allocate $3 million] passed, 5/2 with Helgeson and Misjuns objecting.

 

Posted on

City Council Meeting 12-12-23

City Council Meeting

December 12, 2023

 

III. Consent Agenda passed without discussion, 7/0

  1. Public Hearing

IV.9 Consideration of Conditional Use Permit for operation of childcare/enrichment facility at 805 15th Street.

Operated by Diamond Hill Baptist Church in association with LYN-CAG, Headstart.

Rev Owen Cardwell presented figures indicating the need for at least 2000 spots.  Planning Commission recommended approval Oct.25.  

Larry Taylor praised the solution and Rev. Cardwell for his leadership.

Misjuns stated it was “a small step in the right direction.”

Helgeson said it was a good use of property to solve a problem.

Approved 7/0

 

  1. 10 Consideration to rezone parcel on 602 Taylor Street to operate an auto sales lot.

Planning Commission recommended denial Oct.25.  Rezoning is not compatible with existing uses, regardless of grandfathered business operating nearby. Neighbor/business objected, stating his property had applied for historical designation and he didn’t want a used car lot across the street.  Other neighbors had voiced objections over the years of community surveys.  Petitioner referred to graduation from LU as a credential. 

The application was denied 7/0

 

  1. 11 Public Comment

Cherie Kemper advocated for the City to build a Teen Social Lounge, specifically for people between 13 and 19, as a place to socialize, use computers for gaming and homework, and be off the streets.  She said existing community centers are for younger people. Praise the curfew for keeping teens off the streets.

Vicente Gonzalez commented that it was “inappropriate” to open the meeting with a prayer.  He then criticized members of the LCS Board and Council for spreading misinformation about the It Gets Better project recently rejected by the LCS Board.  He named individuals (particularly Misjuns and Leticia Lowrey)  and quoted their remarks.  

He made an impassioned speech about how LU associations, accusing LU of cover-ups of sexual assaults and rapes.  He stated that Christian DePaul’s (LSC Board member) comments (that people who whined and cried thought they could get what they wanted) were “despicable” and that activism is not ‘whining and crying’ as DePaul indicated.  He then shifted to Misjuns, stating that his letter to the city attorney was “terrifying” and that Misjuns’s proposed ordinance to ban sexual performance is a violation of 1st Amendment expression, upheld by courts who recently struck down almost identical ordinances in TN and FLA.

Kelsey Molseed spoke critically of Misjuns’s behavior and  language as “devisive and harmful”.  She asked, “Haven’t you been attacking peoples’ families for years?” apparently in reference to a previous comment from Misjuns.  She said people are “appalled” by his comments and that people, including herself, had been forewarned to be afraid of retribution. She asked Council to expel Misjuns.

Ed McCann [added to agenda by consent by L Taylor at start of meeting] spoke in favor of allowing the Kiwanis Club to build a playground on the Riverfront Park, in conjunction with other planned improvements, including an Amphitheater as an anchor. Kiwanis would fully fund the construction of the playground as “a gift to the community.”  McCann noted that the playground would be fully accessible (ADA compliant).  He stated that Downtown is the cultural hub of Central Virginia and that much planning had gone into improvements. He referenced 900 responses incorporated into the Downtown 2024 Plan.

[He was indirectly praising VISION! And he should know, as former Executive Director of Lynchburg Housing and Redevelopment Authority]

 

VI General Business

Consideration of amending CIP FY2024 to appropriate $3 million in unused general Fund Unassigned Fund Balance for Riverfront Park improvements.

Discussion of this business was concluded after more than an hour of Council comments.

Dolan and Wilder praised the ongoing development of Downtown and investment in tourism, cultural opportunities, and future employment for our younger population.

Wilder added that attracting regional visitors and job creation might help offset revenues lost by last year’s Real Estate tax reduction.  He also noted that these improvements do not require the City to borrow any money.

He said this project would improve the quality of life for people living downtown which is “the Mecca of any city.”  He praised 20 years of progress, despite those who had consistently voted against these improvements [referring to Helgeson]. He noted that adding these improvements would enhance activities already occurring (sporting events, earlier praised by most of Council; visitors to trails and museums and other artistic events). He noted that there have been substantial tax revenue increases to the city because of 20 years of investment.

Helgeson hates this project. He offered an alternative motion to deny the funds. He repeatedly [nothing new there!] referred to it as “a nicety, not a necessity” and criticizing the increased costs.  He repeatedly referred to spending $8 million, rather than addressing the $3 million actually proposed in this resolution, [obviously trying to confuse uninformed observers and score cheap political points through misdirection.]

He referred to the recent Council retreat and said that “the majority (of Council) said we need to look out for our taxpayers.”  He wants to reduce the city car tax by an amount equal to the $8 million he kept referring to. He used faulty equivalency to repeat that the Council could lower the car tax if they did not spend the money on an amphitheater.  “Now is not the time.” [Never has been for him!]

[He has NO VISION! Missed the point that there would be no need for Kiwanis to build a playground without the amphitheater as a focal point.] 

Misjuns said he had “received a great slew of emails today” objecting to spending on an amphitheater.  People want tax relief. He then presented information that Charlottesville’s Ping Pavillion generates only $272,000 in revenue, so this would not be a good investment for Lynchburg.  He praised the Kiwanis playground as “important to our downtown community.”

He wants to free up $8 million to pay off existing debt, by decreasing debt service by $800,000. He wants his “legacy” to be eliminating the car tax. “Why continue to pay after you buy the car?”

[No Vision, No concept of investment in future.]

Donna Witt (CFO) clarified that there would be no benefit to debt service spending for the next several years as bond issues have already been set. So, any of this $8 or $3 million could not be used to reduce that spending.  She also noted that these Riverfront Park improvements do not incur any additional debt as these funds are all one-time expenditures from Unallocated Fund Balance.

She also noted that any changes to taxes must be proposed, discussed and completed as part of the budget process, not in consideration of allocating these funds. Faraldi had been trying to make this point for some time. Faraldi also reminded Council that $1.4 million was already developed for tax relief in the upcoming budget sessions.

Dolan stated that the 38 emails [not a ‘slew’] received by Misjuns had actually all been solicited by him, using a closed mailing list! She called his presentation disingenuous and misleading to the public.

Taylor stated that the developer of multiple properties in downtown and across the Rivermont Bridge wanted places for his residents to go and enjoy entertainment.  He also brought out that using the figures from the Ping Pavilion was not complete, as Charlottesville also has another major entertainment arena (John Paul Jones arena) that tempers the dam for Ping, so the numbers used by Misjuns and Helgeson are not an accurate comparison for Lynchburg.

Helgeson just repeated, lower tax burden, don’t borrow.

Faraldi said Helgeson and Misjuns were “manipulating the facts” and their idea “doesn’t achieve the end” of reducing the car (or any other) tax which must be done in budget sessions. 

[he was sniping – sniping – sniping in a very unbecoming manner]

Vote was held to deny the funds and failed 5/2 with Misjuns and Helgeson voting no.

 

The original motion to appropriate the funds was then considered.

Helgeson attempted to table further discussion until the next work session, but the motion was ruled out of order by the parliamentarian.

Misjuns tried to link money ‘saved’ by denying the appropriation to a benefit in the City’s line of credit.  Mrs Witt explained that that is not how the LoC works, that there is no direct benefit.  She said that it might create debit capacity only.

Misjuns stated, “I love giving citizens a voice” apparently referring to the emails he solicited.  “Don’t spend excess money now.” He then offered that Lynchburg already has an amphitheater and event venue at Liberty University – the Vines Center, and Liberty Stadium – “that didn’t cost the taxpayers a penny.”  [there were audible groans and laughter from the audience.]  Faraldi immediately challenged that statement, pointing out that the success of LU since the death of Fallwell, Sr was due almost solely to the use of federal and state tuition loans and grants, all funded by taxpayers, and Misjuns’s statement was bunk.

Faraldi continued to confirm Dolan’s earlier statement that the emails Misjuns had referred to were sent to a “curtailed list” asking people to object to spending money on an amphitheater, a misleading act.  He then referred to Senator Steve Newman’s admonition that using one-time excess funds for capital projects is entirely appropriate. “This is a fiscally responsible way to approach this project. … If you don’t like the project, vote against it” but don’t be misleading about how the money might impact future taxes.  “Manipulating of facts is not right. … people are being misled.”

Reed made several points before calling for the vote.

1 – a $0.22 tax cut was delivered. Other fees have been eliminated or reduced. In January, additional cuts are slated.  No one has lied about cutting taxes.

2 – emails sent by Misjuns are misleading.

3 – cannot get tax relief using this money in this manner, period [repeated pointedly]

4 – “Liberty is awesome because they invest, and look what happens! You grow!”

 

Vote conducted, resolution [to allocate $3 million] passed, 5/2 with Helgeson and Misjuns objecting.

 

Posted on

City Council Work Session January 23, 2024

City Council Work Session January 23, 2024

Presentations were made by major grantees of funds through Council.

Horizon Behavioral Health (CEO Melissa Lucy) reported serving 12,125 clients 

61,000 in-person encounters and 44,000 through telehealth. 

Also, supporting housing concerns including assisting unhoused people in collaboration with Miriam’s House.

Central Virginai Continuum of Care (Sarah Quarantotto, Executive DIrector of Miriam’s House) reported on homelessness in Lynchbirg and the surrounding area, indicating that increased housing costs coupled with decreasing housing stock have contributed to the problem.  In addition, there is a lack of emergency shelter.

Miriam’s HOuse conducts aggressive outreach to people who are unhoused but never compels any participation, although there are only “a handful” of people who have not engaged with services offered.

Both Sterling WIlder and Stephanie Reed express appreciation and support for these efforts.

Park View Community Mission (Todd Blake, Executive Director) presented a brief concise historical overview of the development of PVCM and then mentioned the primary services offered [Community Cafe; Food for Neighbors; Food for Thought; Community Services; Clothing Connection and Life Skills Institute.

LSI provides instruction in financial literacy, job readiness including computer skills and business etiquette; a teaching kitchen; career mentoring and on-going support; bus passes and work-appropriate clothing.

There mission is to remove barriers for people to be independent. PVCM has srerved 130,000 neighbors since its inception in 2017.

Blake thanked Council for its grants of $100,000 over time which has provided more than $360,000 in income to individuals.  

In 2023, twenty-two people entered the workforce generating $360,000 in income.

Over the past two years, $2 million in individual income to 101 people was created.

Councilmember WIlder pointed out that working together works.

Mayor Reed saluted PVCM for “meeting people where they are” and “teaching men to fish, not just giving, but equipping.”

Councilmember Dolan congratulated PVCM for providing “key work” and creating “long-term transformation.”   

 

Business Items

Lead and Copper Rule Revisions require Council to conduct a public hearing to revise funding resolution passed in June 2023.  

These Rules are from the State Departrment of Health and require a timetalbe to report results of inspection of water pipe systems in the City on a revised timetable.

The new rules require the city to allocate up to $1,450,000 (up from previous allocation of $1,250,000).

Councilmember WIlder expressed support for city departments working together to accomplish compliance with new regulations. 

Councilmember Taylor asked if there is, in fact, a lead problem in Lynchburg. Staff reports that there is no lead as water leaves the filtration plants, and there is only minor concern that soem private delivery lines may contain low levels of lead. Talor then stated that this is just a move “to just appease the federal government.”

Council approved request for action on February 13 meeting.

 

Roll Call

Councilmember Wilder noted services and programs related to MLK Day, noted upcoming Race for Space featuring Lynchburg’s Leland Melvin. Also noted that 500 new winter coats had been provided to needy people by the community working together.

Councilmember Faraldi asked that staff look inot erosion at some vague location.

Mayor Reed noted that many citizens had complained about extremely high bills for AEP, and she made the point that these are not related to the city government.  This is an issue for the General Assembly.

She also highlighted her summit on human trafficking which was well attended.  She then saluted the 700 Parks & recreation programs provided, seving 7,500 participants.

 

Posted on

CC Work Session 2-13-24

City Council Work Session

February 13, 2024

 

Work Session Agenda Items

III.1. Josh Moore, Lynchburg Transit Agency, provided an update on GLTC.

Technological improvements

Real-time information via new TransitApp

Arrival ETA, cancellation

Detours, accidents

Announcements (e.g., warming centers)

New signage at 15 stops and transit center

New ADA vans, better service, more access to previously restricted areas

On-demand microtransit

Replaces two routes (Timberlake, Graves Mill, Enterprise Dr) funded by State demonstration grant.

Mobile fare collection system improves fare options (groups, discounts, credit card payment)

Praised by Wilder as helpful innovations and great information.

 

III.2. Water System Master Plan Status by Tim Mitchell

Update on 100-year replacement cycle to accommodate

Future growth

Fire suppression

Break prevention

 

455 miles of water lines, 49 lines have been replaced.

95 miles need replacement, 35 miles over next 25 years

At current funding, only 1.67miles a year is replaced.

Need to increase to at least 2.5 miles per year; request for more money forthcoming in FY24/25 budget discussions

Need to replace  Carroll Ave Pump Station (services LU, Wards, Tyreeanna)

Need to add a (2 million gallon holding tank on Mill Lane (supplies ½ of city)

 

IV.3. Monument Terrace Memorials

Tom Martin presented information on 3 additions to the Terrace

Gulf War and Global War on Terrorism plaque, near top

Soldiers’ Battlefield Cross, bottom left in landscaped area

Purple Heart bench, at lower level

All privately funded

Approved previously by Monument Committee

Action to approve by Council on February 27 meeting

 

IV.4. Gaynell Hart presented changes to the current lease of space to CASA.

Adds 136sf to lease, no additional charge.

For Council action February 27.

Helgeson objects to this “$48,000 gift” to a non-profit; sets precedent for other nonprofits to come to the City for funds. Does not want to “pick winners and losers.”

Reported that Council used to allocate actual money for CASA in the annual budget, but changed to this in-kind lease agreement in 20212; has now become a “default gift” to CASA.

Helgeson said that although CASA does good things, the space could be rented out or even sold for market value.

Other Council Members (Reed, Wilder, Dolan, Taylor) supported providing CASA with the stability of knowing where they would be located for another 5 years, and expressed comfort with the location because it is proximal to Commonwealth Attorney, police and other agencies.

Misjuns joined Helgeson in objecting to 5-year term, proposed a 1-year term.  After discussion. Decision was to approve the 5-year lease terms.

 

  1. Roll Call

Wilder noted NAACP forum to address the hate fliers distributed in December.

Announce the Unity Walk at 5th and Federal

Noted recent shooting death

Taylor condemned the racist fliers, calling perpetrators “cowards.”

Reed said (emotionally) that these racist fliers “will not divide us by zip code, race, or religion.”

 

Posted on

City Council Public Meeting January 23, 2024

City Council Public Meeting January 23, 2024

[Councilmember Misjuns absent]

Prior to consideration of Consent Agenda,  Councilmember Helgeson asked for Item III.4. be moved to General Business.  Agreed by consensus.

Prior to consideration of General Business, Councilmember Faraldi requested that an Item be added to the Agenda.  The item is a motion to allocate $15,000 from the City’s Reserve for Contingency Fund to support Heritage High School Drama participation in a regional competition.  Passed 5/1 (Helgeson objecting to irregular process).

 

III. Consent Agenda

  1. Approval of minutes 2022 meetings * approved 
  2. Approval of minutes Dec 12 meeting * approved
  3. Approval of minutes Jan 9 meeting * approved
  4. Services, and Amend FY24 budget to reflect adjustments in the General, Fleet City Capital Projects Funds [moved to General Business]

 

  1. Public Hearing
  2. Requirements for Surety Bonds for decommissioning of energy storage facilities.

Councilmember Helgeson asked questions about why this ordinance is required and the possibility that costs might deflate rather than inflate.

  • Passed 6/0

 

  1. Public Comments

Robert Flood spoke about the need for LPD to address the “hate mail” which was distributed in certain neighborhoods in December. He stated that many street lights needed to be brighter, or repaired, particularly in Ward II. He also said he would like more cameras (CCTV) in more arrears, not just minority neighborhoods.

 

  1. General Business
  2. Amending FY24 Budget to appropriate $225,692 for the COPS program.  This is a second reading for this Item.  Combined with Item 8 – appropriating $400,000 for implementing a mental-health co-responder program to the COPS program – this will free up police officers from duties associated with emergency detention and temporary detention orders.

[Note: the total for this two year pilot project is $625,692]

  • Passed 6/0
  1. See above
  • Passed 6/0

 

  1. Increase lanes (or 3.7 miles) to VDOT maintenance.  This is an annual routine request as roads are built.
  • Approved 6/0

 

III.4. Moved from Consent Agenda (see above) 

Amend FY24 budget to reflect adjustments in the General, Fleet Services, and City Capital Projects Funds.  Second Reading.

Resolution to amend FY24 Budget in the amount of $8,300,000 from Unassigned General Fund Balance as follows:

$1,000,000 to General Fund

$2,400,000 to Fleet Services

$ 4,900,000 to Capital Projects

These funds will be used to complete a variety of projects approved in prior Work Session and Public Meetings including a budget work session, in which Council determined priority projects to consider for funding.

Helgeson stated he wants to give the “record setting surplus” to the citizens (again) and again objected to the process, making derogatory statements about the amphitheater project, objecting to the White Rock school conversion (should be considered under the CIP for initial costs) and saying it should be used for “some kind of neighborhood center.” [It should be noted that Helgeson has for many years objected to the City creating community centers, particularly in the minority areas of the City.]  He wants the city to sell the property, and make it “something that can actually be an asset in the community, utilized to benefit the community.” and “get it back on the tax rolls.”

He then moved to have each item to be funded separated for individual votes but it failed to get a second.

Wilder stated that these items had already been prioritized during a work session and noted that unfortunately, some items had failed to garner enough support to be included in this spending package.  Wilder then complimented Liberty U on having vision to think about the future. He equated vision with the growth in the city and indirectly criticized Helgeson by saying that White ROck and Florida Avenue  and some other areas always get an “Oh, No” from some council members who just don’t want change.

Faraldi criticized Helgeson for trying to conflate tax policies last year with this offer to spend surplus as unfair, as mid-year tax change would not be legal.  He repeated that using this money for one-time expenditures is legal, and appropriate to use for capital projects.

As Vice Mayor, he supports the White Rock project but laments that some projects were not supported (Timberlake). He criticized Helgeson on his statement that Council had appropriated $8m as opposed to the actuarial $3M for the amphitheater from these funds as misleading.

Helgeson countered that some things have been said that are untrue. He said his vision is “not let’s have government control everything.”  He gave Jones Memorial Library as an example of vision in how the old school is now nice apartments (referring to Garland Rodes?) and Seven Hills School conversions as private initiative and vision.  (He does not seem to understand that the Council’s vision of what drives private initiative.) He said vision results in capitalism, but “government spending leads to decadence.” (!!!) He then returned to the White Rock project and said, “Sell it to Liberty.” (!!!)

Dolan said Council needs to invest in neighborhoods rather than gentrification projects.

Taylor said there are p[lans for the property, for the neighborhood and children. He pointed out that White Rock is the only neighborhood without a neighborhood center. 

Reed said the package is balanced, providing relief through tax waivers as well as needed capital projects.  She said that as an at-large representative, all Councilmembers should get to know the entire city (Helgeson?)  She said there is excitement in White Rock community and there is “value in doing what is right for our people.”

  • The motion passed 5/1 Helgeson objecting.

 

 

 

Item added to Agenda

  1. Resolution to  allocate $15,000 from the City’s Reserve for Contingency Fund to support Heritage High School Drama participation in a regional competition. 

Helgeson objected to the addition of this item to the agenda, citing “the process” and the appeal to peoples’ “heartstrings.” 

Faraldi noted that the request had been a surprise in the Finance committee, but supported it nevertheless. He stated that if this had been a football team going to a regional competition, they would have found a way, but not so for the Arts. He suggested that $15k should come from LCS contingency funds, and was surprised that LCS could not muster the funds, but “this is the right thing to do.”

Wilder seconded this opinion in support of an educational opportunity, noting that LCS leadership might be scared to ask for more funds, given the hostility toward LCS in Council.(!!!)

Taylor simply asked the City manager, “Will it hurt our citizens to give the school the money? (“No.”) and “Do we have the funds? (“Yes.”)

When asked by Faraldi if Helgeson would approve an additional allocation to LCS for this purpose, he responded he would not.

Mayor Reed said Council had already given LCS additional money $6k for a Reading Specialist, and Council should support this trip and provide enough money for LCS to hire enough Reading Specialist according to its needs. (!!!)

  • Approved, 5/1 (Helgeson dissenting)
Posted on

City Council Public Meeting 2-13-24

City Council Public Meeting

February 13, 2024

III.  Consent Agenda

  1. Appropriate $225,692 for 2023 US Department of Justice COPS Hiring Grant.

(previously approved by Council) 

  1. Appropriate $400,000 for implementation of mental health co-responder model

(previously approved by Council)

  1. Approve minutes from 2023 Council meetings.

 

*Approved 7/0

 

  1. Public Hearing
  2. Repeal resolution from June 13, 2023 and approve new resolution for increased funds from Virginia Department of Health Drinking Water State Revolving Fund FY2022 Bipartisan Infrastructure Law Lead Service Line Inventory.

These funds pay for the inventory of water service lines potentially contaminated by lead.  (previously discussed and approved by Council)

This inventory is mandated by the State. The new resolution provides the lowest cost finance option to accomplish this task, and avoid the issuance of a new bond.

 

*Approved 6/1 (Faraldi objects without comment)

 

  1. Public Comment

None (!!)

 

  1. General Business
  2. Second Reading of Amending the FY2024 Adopted Schools Budget to appropriate $15,000 from City General G+Fund Reserve for Contingencies to Instruction category of LCS FY24 Budget.

[This allocation was approved at Jan 23, 24 meeting to support Heritage High School Drama participation in a regional competition.]

Helgeson objected to the City providing this money, as Council has already allocated $1.6million to LCS Contingency fund.  LCS should draw the money from that fund.

Dolan agreed that this sets a poor precedent, but will continue to support this resolution, but not similar requests in the future.

Mijuns wants LCS to pay from its contingency fund, and proposed a substitute motion to require the money to come from Schools Budget Contingency fund by moving money from Contingency to Instruction.

*Motion failed 3/4 supported by Misjuns, Helgeson and Taylor

*Original Resolution passed, 4/3 – supporting Dolan, Wilder, Faraldi and Reed.